Page 2172 - Week 07 - Thursday, 20 August 2020
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29
Clause 11
Proposed new section 222F (3) (ba)
Page 10, line 20—
insert
(ba) the gift, together with any other gift made by the person on behalf of the property developer or close associate in the financial year, is $250 or more; and
32
Clause 11
Proposed new section 222FA
Page 11, line 20—
insert
222FA Ban on acceptance of gifts from property developers etc—less than $250
(1) This section applies if—
(a) a political entity accepts a gift made by, or on behalf of, a property developer or a close associate of a property developer; and
(b) the gift, together with any other gift made by the person in the financial year, is less than $250; and
(c) either—
(i) at the time the gift is given, the property developer, or a close associate of the property developer, has made 1 or more relevant planning applications that have not been decided; or
(ii) in the 7-year period before the gift is given, the property developer, or a close associate of the property developer, has made 3 or more relevant planning applications; and
(d) the political entity has not taken reasonable steps to ensure that—
(i) the person giving the gift, or the person on behalf of whom the gift is given, is not a property developer or a close associate of a property developer; or
(ii) neither of the circumstances mentioned in paragraph (c) apply to the property developer or close associate.
Example—reasonable steps
1 giving potential donors written notice that donations from property developers or close associates of property developers are prohibited
2 asking the person who gives the gift about whether the person is a property developer or a close associate of a property developer
(2) The financial representative of the entity must pay to the Territory an amount equal to the amount of the gift.
(3) The amount payable under subsection (2) is a debt payable to the Territory by the financial representative for the political entity and may be recovered by a proceeding in a court of competent jurisdiction.
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