Section 245AR — Prohibition on asking for or receiving a benefit in return for the occurrence of a sponsorship-related event

245AR Prohibition on asking for or receiving a benefit in return for the occurrence of a sponsorship-related event

(1) A person (the first person) contravenes this subsection if:

(a) the first person asks for, or receives, a benefit from another person; and

(b) the first person asks for, or receives, the benefit in return for the occurrence of a sponsorship-related event.

(2) To avoid doubt, the first person contravenes subsection (1) even if the sponsorship-related event does not occur.

(3) Subsection (1) does not apply if the benefit is a payment of a reasonable amount for a professional service that has been provided, or is to be provided, by the first person or a third person. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Offence

(4) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection. Penalty: Imprisonment for 2 years or 360 penalty units, or both.

Civil penalty provision

(5) A person is liable to a civil penalty if a person contravenes subsection (1). Civil penalty: 240 penalty units.

(6) A person who wishes to rely on subsection (3) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection. Note: It is not necessary to prove a person’s state of mind in proceedings for a civil penalty order (see section 486ZF).