Section 245AS — Prohibition on offering to provide or providing a benefit in return for the occurrence of a sponsorship-related event

245AS Prohibition on offering to provide or providing 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 offers to provide, or provides, a benefit to another person (the second person); and

(b) the first person offers to provide, or provides, the benefit in return for the occurrence of a sponsorship-related event.

Civil penalty: 240 penalty units.

(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 second person or a third person.

(4) 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).