109JGifts provided for the purposes of incurring referendum expenditure etc.

#### 109J Gifts provided for the purposes of incurring referendum expenditure etc. Offence by gift recipient (1) A person or entity (the relevant person) contravenes this subsection if: (a) the relevant person is a referendum entity at any time during a referendum expenditure period; and (b) a gift is made to, or for the benefit of, the relevant person by a foreign donor at any time during the referendum expenditure period; and (c) the relevant person knows that the donor is a foreign donor; and (d) the amount or value of the gift is at least $100; and (e) either of the following applies: (i) the relevant person knows that the foreign donor intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; (ii) 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; and (f) acceptable action has not been taken in relation to the gift before the end of the day that is 6 weeks after the latest of the following: (i) the day the gift is made; (ii) the day that the writ for the referendum is issued; (iii) the day the relevant person exceeds the disclosure threshold during the referendum expenditure period. (2) For the purpose of an offence against subsection (6), strict liability applies to: (a) paragraph (1)(a); and (b) the element of the offence in paragraph (1)(b) that the gift was made at any time during the referendum expenditure period. > Note: For strict liability, see section 6.1 of the Criminal Code. Offence by foreign donor (3) A person or entity (the donor) contravenes this subsection if: (a) the donor is a foreign donor; and (b) the donor makes a gift at any time during the referendum expenditure period for a referendum to, or for the benefit of, another person or entity; and (c) the other person or entity is a referendum entity at any time during the referendum expenditure period; and (d) the amount or value of the gift is at least $100; and (e) either of the following applies: (i) the donor intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; (ii) the donor knows that the other person or entity accepts 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; and (f) acceptable action has not been taken in relation to the gift before the end of the day that is 6 weeks after the latest of the following: (i) the day the gift is made; (ii) the day that the writ for the referendum is issued; (iii) the day the referendum entity exceeds the disclosure threshold during the referendum expenditure period. (4) For the purpose of an offence against subsection (6), strict liability applies to: (a) the element of the offence in paragraph (3)(b) that the gift was made at any time during the referendum expenditure period; and (b) paragraph (3)(c). > Note: For strict liability, see section 6.1 of the Criminal Code. (5) For the purposes of paragraphs (1)(f) and (3)(f), acceptable action is taken in relation to a gift if any of the following action is taken: (a) an amount equal to the amount or value of the gift is transferred to the Commonwealth for the purposes of this Part; (b) the gift is returned to the donor or the person who made the gift; (c) an amount equal to the amount or value of the gift is transferred to the donor or the person who made the gift. Offence (6) A person or entity commits an offence if the person or entity contravenes subsection (1) or (3). Penalty: 100 penalty units. (7) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (6) of this section. Civil Penalty (8) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1) or (3). Civil penalty: The higher of the following amounts: (a) 200 penalty units; (b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift at the time the gift was made—3 times that amount. (9) Subsection (8) applies: (a) whether or not the conduct constituting the contravention of that subsection occurs in Australia; and (b) whether or not a result of the conduct constituting the alleged contravention of that subsection occurs in Australia. Provision not continuing offence or civil penalty (10) Section 4K of the Crimes Act 1914 does not apply in relation to an offence against subsection (4) of this section. Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (8) of this section.