Queensland Consolidated Acts

LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 113C

113C Recovery of prohibited donations

(1) If a person accepts a prohibited donation, the following amount is payable by the person to the State—

(a) if the person knew it was unlawful to accept the prohibited donation—an amount equal to twice the amount or value of the prohibited donation;

(b) otherwise—an amount equal to the amount or value of the prohibited donation.

(2) The amount may be recovered by the State as a debt due to the State from—

(a) if the recipient is a registered political party that is not a corporation—the party’s agent; or

(b) if the recipient is a group of candidates—the members of the group or the group’s agent; or

(c) if the recipient is a candidate—the candidate or the candidate’s agent; or

(d) otherwise—the recipient.

(3) The imposition of liability to pay an amount to the State under this section—

(a) is not a punishment or sentence for an offence against section 194A or any other offence; and

(b) is not a matter to which a court may have regard in sentencing an offender for an offence against section 194A or any other offence.

(4) An action in a court to recover an amount due to the State under this section may be brought in the name of the electoral commission.

(5) Any process in the action required to be served on the State may be served on the electoral commission.

(6) In this section—

"prohibited donation" means a political donation that was unlawfully made or accepted under section 113B .

"recipient" means the entity to whom, or for the benefit of whom, the prohibited donation was made.