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ELECTORAL ACT 1985 - SECT 130ZH

ELECTORAL ACT 1985 - SECT 130ZH

130ZH—Gifts to relevant entities

        (1)         If a person makes gifts with amounts or values totalling more than $5 000 (indexed) to the same relevant entity in a financial year, the person must furnish a return to the Electoral Commissioner in accordance with this section.

        (2)         If a person makes a gift to any person or body with the intention of benefiting a particular relevant entity, the person is taken for the purposes of subsection (1) to have made that gift directly to that relevant entity.

        (3)         For each gift, the return must set out the following:

            (a)         the amount or value of the gift;

            (b)         the date on which it was made;

            (c)         the name and address of the relevant entity.

        (4)         The return must also set out the details prescribed by the regulations in relation to all gifts of more than $5 000 (indexed), received by the person at any time, that the person used (either wholly or partly)—

            (a)         to enable the person to make the gifts to which the return relates; or

            (b)         to reimburse the person for making such gifts.

        (5)         A return must be in a form approved by the Electoral Commissioner and furnished at the prescribed times.

        (6)         This section does not apply to gifts made by any of the following:

            (a)         a relevant entity;

            (b)         a candidate in an election;

            (c)         a member of a group.

        (7)         For the purposes of this section—

            (b)         the "prescribed times" for furnishing a return are as follows:

                  (i)         in relation to a gift made between the period commencing 30 days after polling day in a general election until the start of the designated period for the next general election

                        (A)         if the gift was made after 1 January in a year—within 30 days of 1 July in that year; or

                        (B)         if the gift was made after 1 July in a year—within 30 days of 1 January in the next year;

                  (ii)         in relation to a gift made during the designated period for the relevant election—at the end of the designated period.

        (8)         If the agent of a relevant entity knows that the entity has received a gift requiring a return to be furnished under this section, the agent must inform the person who gave the gift of the requirement that the person furnish a return in relation to the gift under this Part.