Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Division 14.4B Gifts from foreign entities
222L Application—div 14.4B
(1) This division does not apply to the following:
(a) a gift that—
(i) is not money; and
(ii) is given to an MLA by or on behalf of a foreign government or a foreign government official; and
(iii) together with any other gift given to the MLA by or on behalf of the foreign government or foreign government official, is less than $250;
(b) a gift that is returned to the giver within 30 days after the gift is received;
(c) a gift that is paid into a federal account as soon as practicable after the gift is received;
(d) a gift received by a prospective candidate for an election if the prospective candidate is not later declared a candidate for the election under section 109;
(e) free facilities use.
(2) In this section:
"federal account"—see the Commonwealth Electoral Act 1918
(Cwlth), section 287.
222M Definitions—div 14.4B
In this division:
"foreign entity" means any entity that is not 1 or more of the following:
(a) an individual enrolled on the Commonwealth roll;
(b) an individual enrolled under this Act;
(c) an individual who is an Australian citizen;
(d) an individual whose principal place of residence is in Australia;
(e) a company incorporated under the Corporations Act
;
(f) a company incorporated under a territory law;
(g) an entity which has its head office located in Australia;
(h) an entity for which the principal place of activity is, or is in, Australia;
(i) a body politic, or part of a body politic, of the Commonwealth, the Territory or a State.
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
"gift" includes a loan, other than a loan given by a financial institution on a commercial basis.
Note The definition of gift in s 198AA also applies to this division.
"political entity" means—
(a) a non-party MLA; or
(b) a party grouping; or
(c) a non-party candidate grouping; or
(d) a non-party prospective candidate grouping; or
(e) an associated entity.
222N Ban on gifts given by or on behalf of foreign entities—less than $250
(1) This section applies if—
(a) a political entity is given a gift by or on behalf of a foreign entity; and
(b) the gift, together with any other gift given by the person in the financial year, is less than $250.
(2) The giver of the gift must pay to the Territory an amount equal to the amount of the gift.
(3) The amount payable under subsection (2) is a debt payable to the Territory by the person and may be recovered by a proceeding in a court of competent jurisdiction.
222O Ban on gifts given by or on behalf of foreign entities—$250 or more
(1) A foreign entity commits an offence if—
(a) the foreign entity gives a gift to a political entity; and
(b) the gift, together with any other gift given to the political entity by the foreign entity in the financial year, is $250 or more.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) A person commits an offence if—
(a) the person gives a gift to a political entity; and
(b) the gift, or part of the gift, is given to the political entity on behalf of a foreign entity; and
(c) the gift, together with any other gift given to the political entity by the person on behalf of the foreign entity in the financial year, is $250 or more.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) A person commits an offence if—
(a) the person asks another person (the second person ) to give a gift to a political entity on behalf of a foreign entity; and
(b) the second person gives the gift, or part of the gift, to the political entity; and
(c) the gift, together with any other gift given to the political entity by the second person at the request of the first person and on behalf of the foreign entity in the financial year, is $250 or more.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(4) In this section:
"asks "includes cause, induce or solicit.
222P Ban on acceptance of gifts given by or on behalf of foreign entities—less than $250
(1) This section applies if—
(a) a political entity accepts a gift given to it by or on behalf of a foreign entity; and
(b) the gift, together with any other gift given to the political entity by the person in the financial year, is less than $250; and
(c) the political entity has not taken reasonable steps to ensure that the gift is not being given to it by or on behalf of a foreign entity.
Examples—reasonable steps
1 giving potential donors written notice that donations from foreign entities are prohibited
2 asking the person who gives the gift about whether the person is a foreign entity, or if the person is giving the gift on behalf of a foreign entity
(2) The financial representative of the political entity must pay to the Territory an amount equal to the amount of the gift.
(3) The amount payable under subsection (2) is a debt payable to the Territory by the financial representative for the political entity and may be recovered by a proceeding in a court of competent jurisdiction.
222Q Ban on acceptance of gifts given by or on behalf of foreign entities—$250 or more
(1) A political entity commits an offence if—
(a) the political entity accepts a gift given to it by or on behalf of a foreign entity; and
(b) the gift, together with any other gift given to the political entity by the person in the financial year, is $250 or more.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) Subsection (1) does not apply if the political entity takes reasonable steps to ensure that the gift is not being given to it by or on behalf of a foreign entity.
Examples—reasonable steps
1 obtaining a written declaration from the person who gives the gift about whether the person is a foreign entity
2 asking the person who gives the gift whether the person is a foreign entity
3 for a fundraising event intended to collect gifts from a large number of potential donors, providing clear written notice to potential donors that foreign entities are prohibited from giving gifts to a political entity
Note 1 The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 58).
Note 2 For recording and disclosure requirements in relation to the receipt of gifts by political entities, see s 216A and s 216B.
(3) In deciding whether a political entity has taken reasonable steps under subsection (2), a court must take into account the amount of the gift accepted by the political entity.
(4) Subsection (3) does not limit the matters the court may take into account.
(5) If a political entity contravenes subsection (1), the financial representative of the political entity must pay to the Territory an amount equal to the amount of the gift.
(6) The amount payable under subsection (5) is a debt payable to the Territory by the financial representative for the political entity and may be recovered by a proceeding in a court of competent jurisdiction.