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ELECTORAL ACT 1992 - SECT 270 Gifts of foreign property—when unlawful for political party, candidate etc. to receive gift

ELECTORAL ACT 1992 - SECT 270

Gifts of foreign property—when unlawful for political party, candidate etc. to receive gift

270 Gifts of foreign property—when unlawful for political party, candidate etc. to receive gift

(1) It is unlawful for an entity to receive a gift of foreign property in any of the following circumstances—
(a) the gift is received by a registered political party (or by a person acting on behalf of a registered political party);
(b) the gift is received by a candidate (or by a person acting on behalf of a candidate) during the candidacy period.
(2) If an entity specified in column 2 of an item in the following table receives a gift that, under subsection (1) , it is unlawful for the entity to receive, an amount equal to the value of the gift is payable to the State by the person or persons specified in column 3 of that item.

Liability for unlawful receipt of gift
Column 1

Item
Column 2

If the recipient is ...
Column 3

the amount is payable by ...
1 a registered political party that is a corporation (or a person acting on behalf of a registered political party that is a corporation) the registered political party
2 a registered political party that is not a corporation (or a person acting on behalf of a registered political party that is not a corporation) the agent of the registered political party
3 a candidate (or a person acting on behalf of a candidate) the candidate and the agent of the candidate
(3) If, under subsection (2) , an amount is payable to the State by 2 or more persons, those persons are jointly and severally liable for the payment of the amount.
(4) An amount that, under subsection (2) , is payable by a person or persons to the State may be recovered by the State as a debt due to the State.