Page 2470 - Week 06 - Thursday, 10 May 2012

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(f) a gift mentioned in subsection (1) if—

(i) the gift is given to an individual in a private capacity for the individual’s personal use; and

(ii) the individual does not use the gift solely or substantially for a purpose related to an election;

(g) a payment under division 14.3 (Election funding) or division 14.3A (Administrative expenditure funding);

(h) a payment made by an entity within a party grouping to another entity within the party grouping.

Clause 19

Proposed new section 205G (2A)

Page 17, line 12—

insert

(2A) For subsection (2)—

(a) if a receiver receives a gift from a person that consists of a service or product that would be electoral expenditure if paid for by the receiver—

(i) an amount equal to the value of the service or product is taken to have been deposited in the ACT election account when the service or product was provided or delivered; and

(ii) the amount is taken to be a gift from the person; and

(b) if a receiver receives any other kind of gift from a person that is not an amount of money and uses an amount of money derived from the gift for electoral expenditure—

(i) an amount equal to the amount used for electoral expenditure is taken to have been deposited in the ACT election account when the expenditure was incurred; and

(ii) the amount is taken to be a gift from the person.

Clause 21

Proposed new section 215FA

Page 24, line 6—

insert

215FA Payments for administrative expenditure not to be used for electoral expenditure

(1) The reporting agent of a party commits an offence if an amount paid to the party for administrative expenditure under this division is—

(a) deposited in an ACT election account; or

(b) used for electoral expenditure in relation to an ACT, federal, state or local government election.

Maximum penalty: 100 penalty units.

(2) A non-party MLA commits an offence if an amount paid to the MLA for administrative expenditure under this division is—

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