Electoral Disclosure and Funding Act 2023
36Person accepting reportable political donation must record details
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36 Person accepting reportable political donation must record details
(1) It is unlawful for a person to accept a reportable political donation that is required to be disclosed under Part 5 unless the person –
(a) makes a record of the details required under section 46 in relation to a disclosure in relation to the donation; and
(b) provides, to the person who made the donation, a receipt for the donation, being a receipt that includes a statement required by the regulations as to the circumstances in which the donor is obliged under Part 5 to disclose the donation.
(2) Subsection (1) does not apply to a political donation that is not a reportable political donation at the time when it is made, even if the political donation is later taken, under section 13 , to have been a reportable political donation made at a later time.
(3) It is unlawful for a person to accept a political donation unless the person –
(a) records the amount of the donation, the date on which it is made and the person who made the donation; and
(b) provides, to the person who made the donation, a receipt for the donation.
(4) A reference in subsection (3) to a political donation –
(a) includes a political donation that is not a reportable political donation at the time when it is made, but that is later taken, under section 13 , to have been a reportable political donation made at a later time; but
(b) does not include –
(i) a small contribution; or
(ii) a political donation that is a reportable political donation at the time at which it is made.
(5) A person must keep for a period of at least 3 years a record made by the person under this section.
Penalty: In the case of –
(a) a party – a fine not exceeding 200 penalty units; or