Electoral Act 1992

If a person incurs unlawful electoral expenditure, the amount that is twice the amount of the unlawful electoral expenditure is payable to the State.

The amount may be recovered by the State as a debt due to the State from—

if the person is a registered political party that is not a corporation—the party’s agent; or

if the person is a candidate—the candidate or the candidate’s agent; or

if the person is a third party that is not a corporation—the third party’s agent; or

otherwise—the person.

The imposition of liability to pay an amount to the State under this section—

is not a punishment or sentence for an offence against section 281G or 281H or any other offence; and

is not a matter to which a court may have regard in sentencing an offender for an offence against section 281G or 281H or any other offence.

In this section—unlawful electoral expenditure means electoral expenditure incurred in contravention of section 281G or 281H, to the extent the expenditure exceeds the expenditure cap mentioned in that section.