Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 302CA

Offering gifts

  (1)   Despite any State or Territory electoral law, a person or entity may offer to give a gift to, or for the benefit of, a regulated entity if the gift is expressly offered for federal purposes.

Seeking gifts

  (2)   Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may seek a gift if the gift is expressly sought for use for federal purposes.

Giving gifts

  (3)   Despite any State or Territory electoral law, a person or entity may give a gift to, or for the benefit of, a regulated entity if the gift is expressly given for federal purposes.

Receiving or keeping gifts--money

  (4)   Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may receive a gift of money if:

  (a)   the money is deposited into a federal account as soon as practicable after the money is received; and

  (b)   the money is not transferred or withdrawn out of the account except:

  (i)   to use the money for federal purposes; or

  (ii)   to transfer the money to another federal account.

  (4A)   Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may keep a gift of money if:

  (a)   the money is kept in a federal account; and

  (b)   the money is not transferred or withdrawn out of the account except:

  (i)   to use the money for federal purposes; or

  (ii)   to transfer the money to another federal account.

  (4B)   To avoid doubt, subsections   (4) and (4A) are taken never to have applied if, at any time, the money is transferred or withdrawn out of the account, or any other federal account, except as provided by subparagraph   (4)(b)(i) or (ii) or (4A)(b)(i) or (ii).

Receiving or keeping gifts--gifts other than money

  (5)   Despite any State or Territory electoral law, a regulated entity, or a person on behalf of a regulated entity, may receive or keep a gift that is not money unless the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal purposes.

  (5A)   To avoid doubt, subsection   (5) is taken never to have applied if, at any time, the regulated entity keeps the gift for use for, or uses the gift for, purposes other than federal purposes.

Receiving or keeping gifts--additional operation

  (6)   Subsections   (4), (4A) and (5) also have the effect they would have if a reference to a gift were confined to a gift expressly given for federal purposes.

Using gifts--money

  (7)   Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift of money for federal purposes if the gift has been continuously kept in a federal account since it was deposited in that account, or any other federal account, in accordance with subsection   (4).

Using gifts--gifts other than money

  (7A)   Despite any State or Territory electoral law, a regulated entity may use, or authorise the use of, a gift, that is not money, for federal purposes if the gift has been continuously kept for federal purposes since it was received.

Using gifts--relationship with State or Territory electoral laws

  (8)   To avoid doubt, the fact that, as a result of subsection   (7) or (7A), a State or Territory electoral law does not prohibit the use of a gift does not prevent that law from prohibiting the offering, seeking, giving, receiving or keeping of the gift.

Gifts not otherwise prohibited by this Division

  (9)   To avoid doubt, this section applies to a gift only if this Division does not prohibit the giving, receiving or keeping of the gift.

Parts of gifts

  (10)   For the purposes of this section, if a part of a gift is offered, sought, given, received, kept or used for a particular purpose, and that same action is taken in relation to another part of the gift for a different purpose, each part of the gift is taken to be a separate gift.