Page:Foreign Interference (Countermeasures) Act 2021.pdf/115

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FOREIGN INTERFERENCE (COUNTERMEASURES)
115


(5) A major political donor who—

(a) gives the competent authority a major political donor’s donation report required by subsection (1) which does not comply with subsection (2)(a), (c), (d) or (e);
(b) fails to give the competent authority such donation report in accordance with subsection (2)(b); or
(c) knowingly or recklessly makes a false declaration under subsection (3),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

Directive affecting major donors

71.—(1) A competent authority may give a directive to a Part 4 politically significant entity declaring that section 70 applies to donors making political donations to that Part 4 politically significant entity.

(2) In addition to sections 89 and 116, once a directive is made under this section and before the date it comes into effect, the competent authority must publish a notice of the making of the declaration in the Gazette and in such other manner as will secure adequate publicity for the fact of making of the declaration, stating—

(a) that a directive has been made under this section; and
(b) the name of the Part 4 politically significant entity to which the directive relates, and when the directive takes effect.

Duty when donating on behalf of others

72.—(1) For the purposes of this Act, where any person (called in this section the principal donor) causes an amount (called in this section the principal donation) to be received by a politically significant person by way of a political donation—

(a) on behalf of the principal donor and one or more other persons; or