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Part 7 · Stepped-Up Measures

30. Section 27(3)(b) — return or disposal of donation of money or property

(1)

For the purposes of section 27(3)(b), a designated entity (X) must return or dispose of a donation of money or property in accordance with this regulation.

(2)

If the identity of the donor is known, X must return the donated money or property to the donor.

(3)

If —

(a)

the donation is an anonymous donation;

(b)

the donation was transmitted by a person on behalf of the donor; and

(c)

the identity of that person is known to X,X must return the donated money or property to that person.

(4)

If —

(a)

the donation is an anonymous donation; (b)the donation was transmitted by a person whose identity is not apparent; and

(c)

the donor has, in connection with the donation, used any facility provided by an identifiable financial institution,X must return the donated money or property to that financial institution.

(5)

If —

(a)

paragraphs (2), (3) and (4) do not apply;

(b)

the person to whom the donation is to be returned under paragraph (2), (3) or (4), as the case may be —

(i)

refuses to accept the return of the donation; or (ii)cannot be contacted; or

(c)

X has spent or dissipated the donation,X must dispose of the donation by paying the competent authority a sum equivalent to the value of the donation.

Subregulation 1

For the purposes of section 27(3)(b), a designated entity (X) must return or dispose of a donation of money or property in accordance with this regulation.

Subregulation 2

If the identity of the donor is known, X must return the donated money or property to the donor.

Subregulation 3

If —

(a)

the donation is an anonymous donation;

(b)

the donation was transmitted by a person on behalf of the donor; and

(c)

the identity of that person is known to X,X must return the donated money or property to that person.

Subregulation 4

If —

(a)

the donation is an anonymous donation; (b)the donation was transmitted by a person whose identity is not apparent; and

(c)

the donor has, in connection with the donation, used any facility provided by an identifiable financial institution,X must return the donated money or property to that financial institution.

Subregulation 5

If —

(a)

paragraphs (2), (3) and (4) do not apply;

(b)

the person to whom the donation is to be returned under paragraph (2), (3) or (4), as the case may be —

(i)

refuses to accept the return of the donation; or (ii)cannot be contacted; or

(c)

X has spent or dissipated the donation,X must dispose of the donation by paying the competent authority a sum equivalent to the value of the donation.

Report

Part 8

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