109GReturns relating to gifts to referendum entities

#### 109G Returns relating to gifts to referendum entities (1) This section applies to a person or entity (the donor) if: (a) the donor makes one or more gifts to another person or entity at any time during a referendum expenditure period; and (b) the other person or entity is a referendum entity at any time during the referendum expenditure period; and (c) the donor intends for the gift or gifts to be used: (i) for the dominant purpose of incurring referendum expenditure; or (ii) for the dominant purpose of creating or communicating referendum matter; and (d) the total value of the gift or gifts exceeds the disclosure threshold. (2) The donor must, within 15 weeks after the end of the referendum expenditure period, give to the Electoral Commission a return, in an approved form and in accordance with subsection (3). Civil penalty: The higher of the following amounts: (a) 60 penalty units; (b) if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of the gifts not disclosed—3 times that amount. (3) The return must include the following information: (a) the value of the gift or gifts made in the referendum expenditure period by the person or entity to the referendum entity; (b) the name of the referendum entity to whom the gift or gifts were made; (c) the date or dates on which the gift or gifts were made. > Note: Returns provided under this section must be published by the Electoral Commissioner on the Transparency Register (see section 320 of the Commonwealth Electoral Act 1918). (4) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) of this section.