Recommendation 19

The Bill will create criminal sanctions relating to the failure to return donations prohibited by clauses 61 and 62 within a 30-day period. Receipt of a prohibited donation between 25 March 2026 and the commencement of the Bill will not, of itself, give rise to criminal liability. However, the failure to return such a donation within the specified period following commencement of the provisions may constitute a criminal offence. The Government states that these sanctions will not have retrospective effects: “liability will only arise where appropriate action is not taken” by the recipient of the prohibited donation before the end of the 30-day period after commencement. 21 Criminal liability will therefore only result from conduct which follows commencement of the provisions.