Electoral Act 1907

In this section —

an amount equal to the amount or value of the political contribution is transferred to the State; or

the political contribution is returned to the donor or another person acting on behalf of the donor; or

an amount equal to the amount or value of the political contribution is returned to the donor or another person acting on behalf of the donor;

a political party; or

an associated entity; or

a candidate in an election; or

a group in an election; or

a third‑party campaigner.

It is unlawful for a relevant political entity, or a person acting on behalf of a relevant political entity, to receive a political contribution to or for the benefit of the relevant political entity by another person unless —

the person receiving the political contribution (the recipient) knows the name and address of the donor; or

at the time the political contribution is made —

the name and address of the donor are given to the recipient; and

the recipient has no grounds to believe that the name and address given are not the true name and address of the donor.

A reference in this section to a relevant political entity, or a person acting on behalf of a relevant political entity, receiving a political contribution is, if the relevant political entity is a group in an election, a reference to a person included in the group, or a person acting on behalf of a person included in the group, receiving a political contribution.

A reference in this section to a relevant political entity, or a person acting on behalf of a relevant political entity, receiving a political contribution to or for the benefit of the relevant political entity is, if the relevant political entity is a third‑party campaigner, a reference to the third‑party campaigner or a person acting on its behalf receiving a political contribution for the purpose of the incurring of expenditure for a political purpose.

A reference in subsection (1) to the name and address of a donor making a political contribution is —

if the political contribution is made on behalf of the members of an unincorporated body —

the name of the body; and

the names and addresses of the members of the executive committee (however described) of the body;

if the political contribution is, or is purportedly, made out of a trust fund or out of the funds of a foundation —

the names and addresses of the trustees of the trust fund or of the foundation and of the person for whose benefit the funds are held; and

the title or other description of the trust fund or the name of the foundation, as the case requires;

otherwise — the name and address of the donor who made the political contribution.

For the purposes of this section —

a person who is a candidate in an election shall be taken to remain a candidate for 30 days after polling day in the election; and

a person included in a group in an election shall be taken to continue to be included in that group for 30 days after polling day in the election; and

a reference to the incurring of expenditure for a political purpose shall be read in accordance with section 175Q(5) and a reference to a political contribution made for the purpose of incurring such expenditure includes a reference to a political contribution the whole or part of which is used for that purpose.

The responsible person for a relevant political entity must, unless the responsible person has a reasonable excuse, ensure that neither of the following receives a political contribution if it is unlawful for either of the following to receive the political contribution under subsection (1) —

the relevant political entity;

a person acting on behalf of the relevant political entity.

if the relevant political entity is a political party and the responsible person is the agent of the political party — a fine of $36 000; or

otherwise — a fine of $24 000.

The responsible person for a relevant political entity does not commit an offence under subsection (4) if the responsible person, or another person acting on behalf of the responsible person, takes all reasonable steps to ensure that acceptable action is taken in relation to the political contribution by the end of the period of 7 days after the day on which the political contribution is received.

An amount equal to the amount or value of a political contribution received by a person is payable by the person to the State if —

it is unlawful for the person to receive the political contribution under subsection (1); and

acceptable action is not taken in relation to the political contribution by the end of the period of 7 days after the day on which the political contribution is received.

The State may recover an amount payable under subsection (5), and may seek an order for the recovery of the amount in a court of competent jurisdiction, from —

in the case of a political contribution to or for the benefit of a political party —

if the party is a body corporate — the party; or

in any other case — the agent of the party;

in the case of a political contribution to or for the benefit of an associated entity —

if the associated entity is a body corporate — the associated entity; or

in any other case — the agent of the associated entity;

in the case of a political contribution to or for the benefit of a candidate — the candidate or the agent of the candidate; or

in the case of a political contribution to or for the benefit of a group — a person included in the group or the agent of the group; or

in the case of a political contribution to or for the benefit of a third‑party campaigner — the third‑party campaigner.