South Australian Current Acts South Australian Current Acts130ZJ—Certain gifts not to be received
(a) a
relevant entity; or
(b) a
person acting on behalf of a relevant entity,
to receive a gift made to or for the benefit of the relevant entity by another
person, being a gift the amount or value of which is at least $200 or a
greater amount prescribed by regulation, unless—
(c) the
name and address of the person making the gift are known to the person
receiving the gift; or
(d) at
the time when the gift is made—
(i)
the person making the gift gives to the person receiving
the gift his or her name and address; and
(ii)
the person receiving the gift has no grounds to believe
that the name and address so given are not the true name and address of the
person making the gift.
(a) a
candidate; or
(b) a
member of a group; or
(c) a
person acting on behalf of a candidate or group,
to receive a gift made to or for the benefit of the candidate or the group, as
the case may be, being a gift the amount or value of which is at least $200 or
a greater amount prescribed by regulation, unless—
(d) the
name and address of the person making the gift are known to the person
receiving the gift; or
(e) at
the time when the gift is made—
(i)
the person making the gift gives to the person receiving
the gift his or her name and address; and
(ii)
the person receiving the gift has no grounds to believe
that the name and address so given are not the true name and address of the
person making the gift.
(3) A reference in
subsection (1) or (2) to the name and address of a person making a gift
is—
(a) in
the case of a gift made on behalf of the members of an incorporated or
unincorporated association—a reference to—
(i)
the name of the association; and
(ii)
the names and addresses of the members of the executive
committee (however described) of the association; and
(b) in
the case of a gift purportedly made out of a trust fund or out of the funds of
a foundation—a reference to—
(i)
the names and addresses of the trustees of the fund or of
the funds of the foundation; and
(ii)
the title or other description of the trust fund or the
name of the foundation, as the case requires; and
(c) in
the case of a gift made by or on behalf of a body corporate—a reference
to—
(i)
the name of the body corporate; and
(ii)
the names and addresses of the members of the board of
the body corporate; and
(iii)
the name of any parent, subsidiary or related body
corporate of the body corporate; and
(d) in
any other case—the name and address of the person or organisation.
(4) For the purposes
of subsection (2), a person who is a candidate in an election is taken to
remain a candidate for 30 days after the polling day for the election.
(5) For the purposes
of subsection (2), persons who constituted a group in an election are
taken to continue to constitute the same group for 30 days after the
polling day for the election.
(6) If a
relevant entity or other person receives a gift that, by virtue of this
section, it is unlawful for the relevant entity or person to receive, an
amount equal to the amount or value of the gift is payable to the Crown (and
may be recovered by the Crown as a debt by action, in a court of competent
jurisdiction) by the relevant entity or person, or, in the case of a relevant
entity that is an unincorporated body, each member of the executive committee
(who are, for the purposes of this subsection, jointly and severally liable
for the debt).