109FReturns relating to gifts received by referendum entities for referendum expenditure

#### 109F Returns relating to gifts received by referendum entities for referendum expenditure (1) A person or entity (the relevant person) must provide a return for a referendum expenditure period in accordance with this section if: (a) the relevant person is required to provide a return for the period under section 109E (returns by referendum entities); and (b) the relevant person received a gift or gifts covered by subsection (2) of this section during the referendum expenditure period; and (c) either: (i) the amount of at least one such gift was more than the disclosure threshold; or (ii) the total amount of all gifts received by the relevant person from at least one single person during the referendum expenditure period was more than the disclosure threshold. > Note: The return required under this section must be included in the return provided under section 109E (see paragraph 109E(3)(c)). (2) A gift is covered by this subsection if: (a) the relevant person knows that the person or entity who made the gift intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; or (b) the relevant person accepted the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter. (3) The relevant person must provide to the Electoral Commission a return for the referendum expenditure period setting out the following details: (a) for subparagraph (1)(c)(i): (i) the amount of each gift covered by that subparagraph; and (ii) the date on which the gift was made; (b) for subparagraph (1)(c)(ii): (i) the total amount of gifts made by each single person who is covered by that subparagraph; and (ii) the date on which each of those gifts were made; and (c) in any case: (i) for a gift or gifts on behalf of the members of an unincorporated association (other than a registered industrial organisation within the meaning of Part XX of the Commonwealth Electoral Act 1918)—the name of the association, and the names and addresses of the members of the executive committee (however described) of the association; or (ii) for a gift or gifts purportedly made out of a trust fund, or out of the funds of a foundation—the names and addresses of the trustees of the fund or foundation, and the title, name or other description of the trust fund or foundation; or (iii) for any other gift or gifts—the name and address of the person who made the gift or gifts.