- (a) the steps referred to in subsection (2) (a) or (b), whichever is applicable, have been taken within the time limited by that subsection; and
- (b) a record can be produced of the receipt of the donation and—
- (i) of the required steps being taken in relation to the donation as mentioned in subsection (2) (a); or
- (ii) of the return of the donation, or the equivalent amount, as mentioned in subsection (2) (b).
Return of donations whose donors are unidentifiable
10.—(1) Subject to the provisions of this Act, where any anonymous donation is offered to any political association, and section 8 prohibits the political association from accepting (whether wholly or in part) the donation, the following requirements must be complied with:
- (a) if the donation was transmitted by a person (other than the donor) and the identity of that person is apparent, the whole donation must be returned to that person;
- (b) if paragraph (a) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, the whole donation must be returned to that financial institution; or
- (c) in all other cases, the whole donation must be sent to the Registrar.
(2) Any amount sent to the Registrar in pursuance of subsection (1) (c) shall be paid into the Consolidated Fund.
Forfeiture of donations not made by permissible donors, etc.
11.—(1) Where any donation, being a donation which, by virtue of section 8, any political association is prohibited from accepting, is made to a political association and has been accepted by the association, a District Court may, on the application of the Public Prosecutor, order the forfeiture by the political association of an amount equal to the value of the donation.
(2) Where, on an application by the Public Prosecutor under subsection (1), the District Court makes an order of forfeiture or refuses the application, the political association concerned or the
