(1) This section applies if: (a) a registered political party, a significant third party, a candidate or a member of a group receives from a corporation a gift whose amount or value is more than the disclosure threshold; and (b) the corporation is wound up in insolvency, or by the court on other grounds, within a year of making the gift. (2) The amount or value of the gift is payable, and may be recovered by the liquidator as a debt due to the liquidator in a court of competent jurisdiction, by: (a) for a gift to or for the benefit of a registered political party or a significant third party (the gift recipient ): (i) if the gift recipient is a body corporate—the gift recipient; or (ii) if the gift recipient is a registered political party that is not a body corporate—the agent of the gift recipient; or (iii) if the gift recipient is a significant third party that is not a body corporate—the financial controller of the gift recipient; or (b) for a gift to or for the benefit of a candidate or member of the group—the candidate or member, or the agent of the candidate or the group. Note: The gift received by the liquidator is an asset of the corporation to be distributed under the provisions of the Corporations Act 2001 . (3) Despite subsection 287(9), for the purposes of this section, a person who is a candidate in an election or by ‑ election: (a) is taken to begin to be a candidate in the election or by ‑ election on the earlier of the following days: (i) the day that is 6 months before the day the person announced that the person would be a candidate in the election or by ‑ election; (ii) the day that is 6 months before the day the person nominated as a candidate in the election or by ‑ election; and (b) is taken to cease to be a candidate in the election or by ‑ election at the end of 30 days after the polling day in the election or by ‑ election. (4) Despite subsection 287(9), for the purposes of this section, a group: (a) is taken to begin to be a group in an election on the day that is 6 months before the day the members of the group make a request under section 168 for their names to be grouped in the ballot papers for the election; and (b) is taken to cease to be a group in the election at the end of 30 days after the polling day in the election.
§ CEA s. 306BRepayment of gifts where corporations wound up etc.
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