Electoral Act 1985

The agent of a relevant regulated designated participant must ensure that the relevant regulated designated participant or a person acting on their behalf does not receive electoral donations to or for the benefit of the relevant regulated designated participant that, in total, are in excess of the general donations cap during the capped expenditure period in relation to an election.

If a relevant regulated designated participant or a person acting on their behalf receives electoral donations that, in total, are in excess of the general donations cap during the capped expenditure period in relation to an election, the amount that is equal to twice the excess may be recovered from the agent of the relevant regulated designated participant by the Crown as a debt due to the Crown.

No offence is committed against subsection (1) by, and subsection (2) doesn't apply to, a relevant regulated designated participant or person acting on their behalf who receives an electoral donation to or for the benefit of the relevant regulated designated participant that results in the relevant regulated designated participant exceeding their general donations cap during the capped expenditure period in relation to an election if, on becoming aware of the receipt of the electoral donation, the relevant regulated designated participant or person (as the case requires)—

takes all reasonable steps to return the electoral donation (or that part of it that results in the relevant regulated designated participant exceeding their general donations cap) to the person from whom it was received; or

in the case of an electoral donation (or the relevant part of the electoral donation) that cannot be so returned—gives the electoral donation (or relevant part) to the Electoral Commissioner for payment into the Consolidated Account.

In this section—

an entitled registered political party; or

an entitled candidate; or

an entitled group.