§ 75 — Evasion and intentional acceptance of impermissible donations, etc.

75.—(1) Where a person enters into, or knowingly does any act in furtherance of, any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of donations to a politically significant person by a donor —(a)

who is not a permissible donor; or

(b)

who is a prohibited donor in relation to the politically significant person,

the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) Where a person —(a)

knowingly gives a politically significant person any information relating to the identity of a donor of a political donation, or the amount of any political donation, made to the politically significant person or to the person or body making such a donation, which is false in a material particular; or

(b)

with intent to deceive, withholds from a politically significant person any material information relating to the identity of the donor of a political donation, or the amount of any political donation, made to the politically significant person,

the person shall be guilty of an offence.

(3) A person who is guilty of an offence under subsection (2) shall be liable on conviction —(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but

(b)

where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.

(4) A person is a repeat offender in relation to an offence under subsection (2) if the person has been convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of —(a)

an offence under subsection (2); or

(b)

an offence under section 23(2) of the repealed Act.

(5) Where —(a)

a politically significant person accepts any political donation from a person (called a donor) who, at the time of its acceptance by the politically significant person —(i)

is not a permissible donor; or

(ii)

is a prohibited donor in relation to the politically significant person; and

(b)

the politically significant person knew or ought reasonably to have known that the donor —(i)

is not a permissible donor; or

(ii)

is a prohibited donor in relation to the politically significant person,

the politically significant person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.

—(1) Where a person enters into, or knowingly does any act in furtherance of, any arrangement which facilitates or is likely to facilitate, whether by means of any concealment or disguise or otherwise, the making of donations to a politically significant person by a donor —(a)

who is not a permissible donor; or

(b)

who is a prohibited donor in relation to the politically significant person,

the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) Where a person —(a)

knowingly gives a politically significant person any information relating to the identity of a donor of a political donation, or the amount of any political donation, made to the politically significant person or to the person or body making such a donation, which is false in a material particular; or

(b)

with intent to deceive, withholds from a politically significant person any material information relating to the identity of the donor of a political donation, or the amount of any political donation, made to the politically significant person,

the person shall be guilty of an offence.

(3) A person who is guilty of an offence under subsection (2) shall be liable on conviction —(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but

(b)

where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.

(4) A person is a repeat offender in relation to an offence under subsection (2) if the person has been convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of —(a)

an offence under subsection (2); or

(b)

an offence under section 23(2) of the repealed Act.

(5) Where —(a)

a politically significant person accepts any political donation from a person (called a donor) who, at the time of its acceptance by the politically significant person —(i)

is not a permissible donor; or

(ii)

is a prohibited donor in relation to the politically significant person; and

(b)

the politically significant person knew or ought reasonably to have known that the donor —(i)

is not a permissible donor; or

(ii)

is a prohibited donor in relation to the politically significant person,

the politically significant person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.