Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 306

             (1)  It is unlawful for:

                     (a)  a political party; or

                     (b)  a State branch of a political party; or

                     (c)  a person acting on behalf of a political party or a State branch of a political party;

to receive a gift made to or for the benefit of the party or branch by another person, being a gift the amount or value of which exceeds $10,000, unless:

                     (d)  the name and address of the person making the gift are known to the person receiving the gift; or

                     (e)  at the time when the gift is made:

                              (i)  the person making the gift gives to the person receiving the gift his or her name and address; and

                             (ii)  the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

Note:          The dollar amount mentioned in this subsection is indexed under section 321A.

             (2)  It is unlawful for:

                     (a)  a candidate; or

                     (b)  a member of a group; or

                     (c)  a person acting on behalf of a candidate or group;

to receive a gift made to or for the benefit of the candidate or the group, as the case may be, being a gift the amount or value of which exceeds $10,000, unless:

                     (d)  the name and address of the person making the gift are known to the person receiving the gift; or

                     (e)  at the time when the gift is made:

                              (i)  the person making the gift gives to the person receiving the gift his or her name and address; and

                             (ii)  the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.

Note:          The dollar amount mentioned in this subsection is indexed under section 321A.

          (2A)  The references in subsections (1) and (2) to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association.

          (2B)  A reference in subsection (1) or (2) to the name and address of a person making a gift is:

                     (a)  in the case of a gift made on behalf of the members of an unincorporated association, other than a registered industrial organisation--a reference to:

                              (i)  the name of the association; and

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

                     (b)  in the case of a gift purportedly made out of a trust fund or out of the funds of a foundation--a reference to:

                              (i)  the names and addresses of the trustees of the fund or of the funds of the foundation; and

                             (ii)  the title or other description of the trust fund or the name of the foundation, as the case requires.

          (2C)  For the purpose of subsection (2), a person who is a candidate in an election shall be taken to remain a candidate for 30 days after the polling day in the election.

          (2D)  For the purpose of subsection (2), persons who constituted a group in an election shall be taken to continue to constitute the same group for 30 days after the polling day in the election.

             (3)  For the purposes of this section, 2 or more gifts made by the same person to or for the benefit of a political party, a State branch of a political party, a candidate or a group shall be deemed to be one gift.

             (5)  Where a person receives a gift that, by virtue of this section, it is unlawful for the person to receive, an amount equal to the amount or value of the gift is payable by that person to the Commonwealth and may be recovered by the Commonwealth as a debt due to the Commonwealth by action, in a court of competent jurisdiction, against:

                     (a)  in the case of a gift to or for the benefit of a political party or a State branch of a political party:

                              (i)  if the party or branch, as the case may be is a body corporate--the party or branch, as the case may be; or

                             (ii)  in any other case--the agent of the party or branch, as the case may be; or

                     (b)  in any other case--the candidate or a member of the group or the agent of the candidate or of the group, as the case may be.