Offences
307 Offences
A person who fails to give a return that the person is required to give under division 7, 8, 10 or 11 within the time required under this part commits an offence.Maximum penalty—
for a return required to be given by the agent of a registered political party—100 penalty units; or
otherwise—20 penalty units.
A person who gives a return that the person is required to give under division 7, 10 or 11 that is incomplete is guilty of an offence.Maximum penalty—20 penalty units.
A person who fails to give notice of particulars that the person is required to give under section 312A commits an offence.Maximum penalty—20 penalty units.
A person who is the agent of a political party and who lodges a claim under division 4, or gives a return that the agent is required to give under division 7, 10 or 11, that contains particulars that are, to the knowledge of the agent, false or misleading in a material particular is guilty of an offence.Maximum penalty—200 penalty units.
A person who is the agent of a candidate and who lodges a claim under division 4, or gives a return that the agent is required to give under division 7, 10 or 11, that contains particulars that are, to the knowledge of the agent, false or misleading in a material particular is guilty of an offence.Maximum penalty—100 penalty units.
A person (other than an agent) who lodges a claim under division 4, or gives a return that the person is required to give under division 7 or 10, that contains particulars that are, to the knowledge of the person, false or misleading in a material particular is guilty of an offence.Maximum penalty—100 penalty units.
If a person is convicted of an offence against subsection (1), the court may, as well as imposing a penalty under the subsection, order the person to give the relevant return within a time stated by the court in its order.
If a person is convicted of an offence against subsection (3), (4) or (5), the court may, as well as imposing a penalty under the subsection, order the person to refund to the State the amount of any payment wrongfully obtained by the person under division 4.
If a court has made an order under subsection (7), a certificate signed by the appropriate officer of the court stating the amount ordered to be refunded and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of that amount and is enforceable as a final judgment of the court having civil jurisdiction.
A person must not give to another person, for the making by the other person of a claim under division 4, information that is, to the knowledge of the first-mentioned person, false or misleading in a material particular.Maximum penalty—20 penalty units.
A person must not give to another person who is required to give a return under division 7, 10 or 11 information that relates to the return and that is, to the knowledge of the first-mentioned person, false or misleading in a material particular.Maximum penalty—20 penalty units.
A person is guilty of an offence if—
the person (or a person acting on behalf of the person) receives a gift and the receipt of the gift is unlawful under section 270(1); and
the person is—
a registered political party that is a corporation; or
a candidate; or
an associated entity that is a corporation.
Maximum penalty—1 year’s imprisonment or 240 penalty units.
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