Page 2331 - Week 07 - Thursday, 27 August 2020
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(5) In this section:
asks includes cause, induce or solicit.
222L Ban on acceptance of gifts from gambling businesses etc—less than $250
(1) This section applies if—
(a) a political entity accepts a gift made by, or on behalf of, a gambling business or a close associate of a gambling business; and
(b) the gift, together with any other gift made by the person in the financial year, is less than $250; and
(c) the political entity has not taken reasonable steps to ensure that the person giving the gift, or the person on behalf of whom the gift is given, is not a gambling business or a close associate of a gambling business.
Examples—reasonable steps
1 giving potential donors written notice that donations from gambling businesses or close associates of gambling businesses are prohibited
2 asking the person who gives the gift about whether the person is a gambling business or a close associate of a gambling business
(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.
222M Ban on acceptance of gifts from gambling businesses etc—$250 or more
(1) A political entity commits an offence if—
(a) the entity accepts a gift made by, or on behalf of, a gambling business or a close associate of a gambling business; and
(b) the gift, together with any other gift made by the person in the financial year, is $250 or more.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) Subsection (1) does not apply if the political entity takes reasonable steps to ensure that the person giving the gift, or the person on behalf of whom the gift is given, is not a gambling business or a close associate of a gambling business.
Example—reasonable steps
obtaining a written statement from the person who gives the gift about whether the person is a gambling business or a close associate of a gambling business
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3) If the political entity contravenes subsection (1), the financial representative of the entity must pay to the Territory an amount equal to the amount of the gift.
(4) The amount payable under subsection (3) 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.
222N Gifts from people that become gambling businesses etc
(1) This section applies if—
(a) a political entity accepts a gift made by, or on behalf of, a person; and
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