197Anonymous gifts

197 Anonymous gifts (1) A registered party, a candidate, an associated entity or a third party campaigner (the receiver) must not accept a gift of the prescribed amount or more made by someone else (the donor) 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 donor 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 the defined details given by the donor are not true. (2) Subsection (1) applies: (a) for a registered party, a candidate or an associated entity – to gifts received at any time; or (b) for a third party campaigner – to gifts received during the disclosure period. (3) For subsection (1), a person who is a candidate in an election must be taken to remain a candidate for 30 days after election day for the (4) For this section, 2 or more gifts made by the same person to or for the benefit of a registered party, a candidate, an associated entity or a third party campaigner are taken to be a single gift. (5) If the receiver contravenes subsection (1), the relevant person must pay the Territory an amount equal to the amount of the gift. Electoral Act 2004 109 (6) The amount payable under subsection (5) may be recovered by the Territory as a debt. (7) In this section: disclosure period, for an election (the relevant election), is the period that starts as follows and ends 30 days after election day for the relevant election: (a) for a candidate who was a candidate in the last general election or an election since the last general election – at the end of 30 days after election day for the last election before the relevant election in which the person was a candidate; or (b) for a candidate to whom paragraph (a) does not apply: (i) if the candidate won party endorsement for the relevant election – on the day on which endorsement was won; or (ii) if subparagraph (i) does not apply – on the day on which the person announced the person would be a candidate in the relevant election or the day on which the person nominated as a candidate, whichever was the earlier. gift includes a gift made on behalf of the members of an unincorporated association. prescribed amount means: (a) for a gift made to or for the benefit of a registered party, an associated entity or a third party campaigner – $1 000; or (b) for a gift made to or for the benefit of a candidate – $200. relevant person means: (a) for a gift to or for the benefit of a registered party: (i) if the party is a corporation – the party; or (ii) otherwise – the reporting agent of the party; or (b) for a gift to or for the benefit of a candidate – the candidate.