Page:Foreign Interference (Countermeasures) Act 2021.pdf/90

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90
NO. 28 OF 2021


(a) by a candidate if it is received and retained by the candidate, or his or her election agent, for the purposes of the candidate’s election;
(b) by an election agent of a candidate if it is received and retained by the election agent for the purposes of the candidate’s election; or
(c) by any other politically significant person if it is received and retained by the politically significant person for the use and benefit of the politically significant person.

(2) For the purposes of this Act, a political donation received by a politically significant person is treated as having been accepted by the person unless—

(a) the steps referred to in section 60(2)(a) or (b), whichever is applicable, have been taken within the time limited by that section; 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 section 60(2)(a); or
(ii) of the return of the donation, or the equivalent amount, as mentioned in section 60(2)(b).

(3) Without limiting section 15, for the purposes of this Act, anything given or transferred to—

(a) any branch of a political party or Part 4 politically significant entity; or
(b) any officer, member or agent of a political party or a Part 4 politically significant entity in his or her capacity as such (and not for his or her political activities or his or her own use or benefit),

must be regarded as given or transferred to that political party or Part 4 politically significant entity (as the case may be), and references to donations received by a political party or Part 4 politically significant entity accordingly include references to donations so given or transferred.