22Gifts to third-party campaigners by foreign donors

22 Gifts to third-party campaigners by foreign donors

(1)  A person (the gift recipient) contravenes this subsection if –

(a) the gift recipient is, or becomes, a third-party campaigner in relation to an Assembly election; and

(b) a gift is made to, or for the benefit of, the gift recipient during an election campaign period in relation to the election; and

(c) the gift is made by, or on behalf of, a person (the donor); and

(d) the donor is a foreign donor; and

(e) at the time when the gift is made, the amount or value of the gift is equal to $1 000 or more; and

(f) the gift recipient uses the gift –

(i) for the purposes of incurring electoral expenditure in relation to the election; or

(ii) for the dominant purpose of creating or communicating electoral matter in relation to the election; and

(g) acceptable action has not been taken in relation to the gift before the end of the period of 6 weeks after the gift recipient becomes a third-party campaigner, or the period of 6 weeks after the gift is made, whichever occurs last.

(2)  Subsection (1) does not apply to a gift recipient in relation to a gift if the gift recipient establishes that –

(a) before the end of the period of 6 weeks after the gift recipient becomes a third-party campaigner, or the period of 6 weeks after the gift is made, whichever occurs last, the donor stated in writing to the gift recipient that the donor was not a foreign donor; and

(b) before the end of the period of 6 weeks after the gift recipient becomes a third-party campaigner, or the period of 6 weeks after the gift is made, whichever occurs last –

(i) the gift recipient obtained in accordance with section 20 appropriate donor information establishing that the donor was not a foreign donor; or

(ii) the gift recipient took reasonable steps to verify that the donor was not a foreign donor; and