sec.121CRecovery of prohibited gifts or loans

### sec.121C Recovery of prohibited gifts or loans If a person receives a gift in contravention of section 119 , or a loan in contravention of section 121 , an amount equal to the amount or value of the gift or loan 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 candidate—the candidate or the candidate’s agent; or if the recipient is a group of candidates—the members of the group or the group’s agent; or otherwise—the recipient. If, under subsection (2) , the amount may be recovered from 2 or more persons, those persons are jointly and severally liable for the amount. 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. s 121C ins 2019 No. 30 s 235 amd 2023 No. 8 s 39 (sec.121C-ssec.1) If a person receives a gift in contravention of section 119 , or a loan in contravention of section 121 , an amount equal to the amount or value of the gift or loan is payable by the person to the State. (sec.121C-ssec.2) The amount may be recovered by the State as a debt due to the State from— if the recipient is a candidate—the candidate or the candidate’s agent; or if the recipient is a group of candidates—the members of the group or the group’s agent; or otherwise—the recipient. (sec.121C-ssec.3) If, under subsection (2) , the amount may be recovered from 2 or more persons, those persons are jointly and severally liable for the amount. (sec.121C-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.121C-ssec.5) Any process in the action required to be served on the State may be served on the electoral commission. - (a) if the recipient is a candidate—the candidate or the candidate’s agent; or - (b) if the recipient is a group of candidates—the members of the group or the group’s agent; or - (c) otherwise—the recipient.