Electoral Act 1907

This section applies to a political entity other than a third‑party campaigner.

The responsible person for a political entity commits a crime if —

the political entity or the responsible person receives a foreign contribution or the benefit of a foreign contribution; and

at the end of the acceptable action period in relation to the foreign contribution, acceptable action has not been taken in relation to the foreign contribution.

imprisonment for 3 years or a fine of $36 000;

a daily penalty of a fine of $500 for each day or part of a day after the end of the acceptable action period until the acceptable action is taken in relation to the foreign contribution.

Subsection (2) does not apply if the foreign contribution is made in a private capacity to the political entity or the responsible person for private use.

Subsection (2) does not apply if the terms on which the foreign contribution is made are inconsistent with the contribution’s use as electoral expenditure in relation to an election.

In proceedings against the responsible person for a political entity for an offence under subsection (2), it is a defence for the accused person to prove —

that before the end of the acceptable action period —

the donor affirmed in writing to the political entity or the responsible person that the donor was not a foreign donor; or

the political entity or the responsible person obtained appropriate donor information about the donor to verify that the donor was not a foreign donor;

that neither the political entity nor the responsible person knew, or had reasonable grounds to believe, at any time during the acceptable action period, that the donor was a foreign donor.

Without limiting subsection (5), if in proceedings against the responsible person for a political entity for an offence under subsection (2) it is proved that a foreign contribution, or the benefit of a foreign contribution, has been received by the political entity or the responsible person, the onus of proving that the contribution was not a foreign contribution is on the accused person.

For the purposes of subsection (2), a person who is a candidate in an election is taken to —

begin to be a candidate —

if the person publicly announces that they will be a candidate in the election before nominating as a candidate — on the day that is 6 months before the day of the announcement; or

if the person does not publicly announce that they will be a candidate in the election before nominating as a candidate — on the day that is 6 months before the day on which the person nominates as a candidate;

stop being a candidate at the end of the day that is 30 days after polling day in the election.

For the purposes of subsection (2), a group in an election is taken to —

begin to be a group on the day that is 6 months before the day on which a group claim for the group is lodged under section 80; and

stop being a group in the election at the end of the day that is 30 days after polling day in the election.