sec.113CRecovery of prohibited donations and amounts used unlawfully

### sec.113C Recovery of prohibited donations and amounts used unlawfully If a person accepts a prohibited donation, the following amount is payable by the person to the State— if the person knew it was unlawful to accept the prohibited donation—an amount equal to twice the amount or value of the prohibited donation; otherwise—an amount equal to the amount or value of the prohibited donation. If a person uses a restricted donation for an electoral purpose, an amount equal to twice the amount or value of the restricted donation is payable by the person to the State. The amount may be recovered by the State as a debt due to the State from— if the recipient is a registered political party that is not a corporation—the party’s agent; or if the recipient is a group of candidates—the members of the group or the group’s agent; or if the recipient is a candidate—the candidate or the candidate’s agent; or otherwise—the recipient. The imposition of liability to pay an amount to the State under this section— is not a punishment or sentence for an offence against section 194A or any other offence; and is not a matter to which a court may have regard in sentencing an offender for an offence against section 194A or any other offence. An action in a court to recover an amount due to the State under this section may be brought in the name of the electoral commission. Any process in the action required to be served on the State may be served on the electoral commission. In this section— prohibited donation means a political donation that was unlawfully made or accepted under section 113B . recipient means the entity to whom, or for the benefit of whom, the prohibited donation was made. s 113C ins 2018 No. 9 s 30 amd 2026 No. 1 s 36 (sec.113C-ssec.1) If a person accepts a prohibited donation, the following amount is payable by the person to the State— if the person knew it was unlawful to accept the prohibited donation—an amount equal to twice the amount or value of the prohibited donation; otherwise—an amount equal to the amount or value of the prohibited donation. (sec.113C-ssec.1A) If a person uses a restricted donation for an electoral purpose, an amount equal to twice the amount or value of the restricted donation is payable by the person to the State. (sec.113C-ssec.2) The amount may be recovered by the State as a debt due to the State from— if the recipient is a registered political party that is not a corporation—the party’s agent; or if the recipient is a group of candidates—the members of the group or the group’s agent; or if the recipient is a candidate—the candidate or the candidate’s agent; or otherwise—the recipient. (sec.113C-ssec.3) The imposition of liability to pay an amount to the State under this section— is not a punishment or sentence for an offence against section 194A or any other offence; and is not a matter to which a court may have regard in sentencing an offender for an offence against section 194A or any other offence. (sec.113C-ssec.4) An action in a court to recover an amount due to the State under this section may be brought in the name of the electoral commission. (sec.113C-ssec.5) Any process in the action required to be served on the State may be served on the electoral commission. (sec.113C-ssec.6) In this section— prohibited donation means a political donation that was unlawfully made or accepted under section 113B . recipient means the entity to whom, or for the benefit of whom, the prohibited donation was made. - (a) if the person knew it was unlawful to accept the prohibited donation—an amount equal to twice the amount or value of the prohibited donation; - (b) otherwise—an amount equal to the amount or value of the prohibited donation. - (a) if the recipient is a registered political party that is not a corporation—the party’s agent; or - (b) if the recipient is a group of candidates—the members of the group or the group’s agent; or - (c) if the recipient is a candidate—the candidate or the candidate’s agent; or - (d) otherwise—the recipient. - (a) is not a punishment or sentence for an offence against section 194A or any other offence; and - (b) is not a matter to which a court may have regard in sentencing an offender for an offence against section 194A or any other offence.