Electoral Act 1907

A third‑party campaigner, and the responsible person for the third‑party campaigner, commit a crime if —

the third‑party campaigner receives a foreign contribution, or the benefit of a foreign contribution, the amount or value of which is more than the specified amount and uses it for the purposes of incurring electoral expenditure or creating or communicating electoral matter; 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.

In proceedings against a third‑party campaigner, or the responsible person for a third‑party campaigner, for an offence under subsection (1), 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 third‑party campaigner or the responsible person that the donor was not a foreign donor; or

the third‑party campaigner or the responsible person obtained appropriate donor information about the donor to verify that the donor was not a foreign donor;

that neither the third‑party campaigner 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.

If, in any proceedings against a third‑party campaigner, or the responsible person for a third‑party campaigner, for an offence under subsection (1), it is proved that a foreign contribution, or the benefit of a foreign contribution, has been received by the third‑party campaigner, the onus of proving that the contribution was not a foreign contribution is on the accused person.