Commonwealth Electoral Act 1918

The Electoral Commissioner may give a person a written notice if:

the person, either alone or with one or more other persons or entities:

enters into a scheme; or

begins to carry out a scheme; or

carries out a scheme; and

there are reasonable grounds to conclude that the sole or dominant purpose of the scheme is to avoid the operation of any one or more of the following provisions in relation to the person or another person or entity:

a civil penalty provision in Subdivision B of Division 1A (requirement to register as a significant third party or an associated entity);

a civil penalty provision in Division 3AB (caps on electoral expenditure);

a civil penalty provision in Subdivision AA of Division 3A (caps on gifts);

an offence or civil penalty provision in section 302D, 302E or 302F (donations by foreign donors);

a civil penalty provision in section 314AJ (foreign campaigner incurring, or fundraising for, electoral expenditure).

A decision to give a notice is a reviewable decision (see section 120).

For the definition of scheme, see subsection 287(1).

The notice must:

specify the conduct constituting the scheme; and

require the person:

not to enter into the scheme; or

not to begin to carry out the scheme; or

not to continue to carry out the scheme.

A person contravenes this subsection if:

the person is given a notice under subsection (1); and

the person engages in conduct; and

the conduct contravenes the notice.

A person commits an offence if the person contravenes subsection (3).

A person is liable to a civil penalty if the person contravenes subsection (3).

if the sole or dominant purpose of the scheme is to avoid the application of a single provision—the penalty applicable to the provision; and

if the sole or dominant purpose of the scheme is to avoid the application of multiple provisions—the highest of the penalties applicable to the provisions.

This section applies whether or not the scheme is entered into, begun to be carried out or carried out:

in Australia; or

outside Australia; or

partly in Australia and partly outside Australia.