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ELECTORAL ACT 1992 - SECT 222 Restrictions on acceptance of gifts

ELECTORAL ACT 1992 - SECT 222

Restrictions on acceptance of gifts

    (1)     A party, MLA, non-party candidate or associated entity (the receiver ) must not accept a gift of $1 000 or more made by someone else (the giver ) to or for the benefit of the receiver unless—

        (a)     the receiver knows the defined details of the gift; or

        (b)     both the following subparagraphs apply:

              (i)     the giver tells the receiver the defined details of the gift before the gift is made;

              (ii)     when the gift is made, the receiver has no grounds for believing that the defined details given by the giver are not true.

    (2)     Subsection (1) applies—

        (a)     for a party, MLA or associated entity—to gifts received at any time; or

        (b)     for a non-party candidate—to gifts received during the disclosure period.

    (3)     A party, MLA or associated entity must not accept an anonymous gift in a financial year if acceptance of the gift means that the total of anonymous gifts given to or for the benefit of the party, MLA or entity would be more than $25 000 in the financial year.

    (4)     A candidate at an election must not accept an anonymous gift during the disclosure period for the election if acceptance of the gift means that the total of anonymous gifts given to or for the benefit of the candidate would be more than $25 000 in the period.

    (5)     For this section, 2 or more gifts made by the same person to or for the benefit of a party, MLA, non-party candidate or associated entity are taken to be a single gift.

    (6)     If the receiver contravenes subsection (1), the financial representative of the receiver must pay to the Territory an amount equal to the amount of the gift.

    (7)     If the receiver contravenes subsection (3) or (4), the financial representative of the receiver must pay to the Territory an amount equal to the amount by which the anonymous gifts exceed $25 000.

    (8)     The amount payable under subsection (6) is a debt payable to the Territory by the financial representative for the receiver and may be recovered by proceedings in a court of competent jurisdiction.