Cap on political donations to registered political parties or candidates that may be accepted
259 Cap on political donations to registered political parties or candidates that may be accepted
This section applies if a person (the donor) makes a political donation to, or for the benefit of, a registered political party or candidate in an election during a donation cap period.
The registered political party or candidate, or a person acting with the authority of the party or candidate, must not accept the political donation if—
the amount or value of the donation, by itself, exceeds the donation cap of the party or candidate; or
both of the following apply—
the amount or value of the donation exceeds the donation cap of the party or candidate when added to the other political donations made by the same donor to, or for the benefit of, the party or candidate during the donation cap period;
the person knows, or ought reasonably to know, the donation would exceed the cap in that way.
Maximum penalty—200 penalty units.
For subsection (2), a political donation of gifted electoral expenditure is accepted when the expenditure is incurred.
A person does not commit an offence against subsection (2) if, within 6 weeks after the donation is made, the donation, or the amount by which the amount or value of the donation exceeds the donation cap mentioned in that subsection, is refunded or returned to the donor.
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