Offences
130ZZE Offences
A person who does an act or makes an omission that is unlawful under
Division 6 or Division 6A is guilty of an offence if the person knows of the facts that result in the act or omission being unlawful under the relevant Division.
Maximum penalty: $20 000 or imprisonment for 4 years.
A person who does an act or makes an omission that is unlawful under
Division 6 or Division 6A is guilty of an offence if the person ought reasonably to know of the facts that result in the act or omission being unlawful under the relevant Division.
Maximum penalty: $10 000 or imprisonment for 2 years.
A person must not knowingly participate, directly or indirectly, in a scheme to circumvent—
a prohibition or requirement under Division 6 relating to political expenditure; or
a prohibition or requirement under Division
6A relating to electoral donations.
Maximum penalty: $50 000 or imprisonment for 10 years.
Subsection (a3) applies whether or not the person also participates in the scheme for other purposes.
A person who fails to furnish a return that the person is required to furnish under this Part within the time required by this Part is guilty of an offence.
Maximum penalty:
in the case of a return required to be furnished by the agent of a political party—$10 000;
in any other case—$5 000.
A person who furnishes a return under this Part that is incomplete is guilty of an offence.
Maximum penalty: $1 500.
A person who furnishes a return or other information—
that the person is required to furnish under this Part; and
that contains a statement that is, to the knowledge of the person, false or misleading in a material particular, is guilty of an offence.
Maximum penalty: $10 000.
A person who furnishes to another person who is required to furnish a return information—
that the person knows is required for the purposes of that return; and
that is, to that person's knowledge, false or misleading in a material particular, is guilty of an offence.
Maximum penalty: $10 000.
A person who contravenes, or fails to comply with, a provision of this
Part is guilty of an offence.
A person who is guilty of an offence against this Part for which no penalty is specifically provided is liable to a penalty not exceeding $7 500.
If—
a person admits the commission of an offence against subsection (a1) or (a2); and
the offence was committed within 2 years after the commencement of that subsection; and
the
Electoral Commissioner is of the opinion that the matter does not warrant prosecution, the
Electoral Commissioner may informally caution the person against further offending, require the person to complete a course of education, training or instruction determined by the Electoral
Commissioner and proceed no further against the person.
A person who fails to comply with a requirement of the Electoral
Commissioner under subsection (6a) is guilty of an offence.
If a person commits an offence by reason of a failure to furnish a return or other information, or to do any other thing, within a particular period as required under this Part—
the obligation to furnish the return or other information, or to do the other thing, continues despite the expiration of the period; and
if the person is convicted of the offence and the failure continues after conviction, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the failure continues after the conviction of not more than an amount equal to one‑fifth of the maximum penalty prescribed for the offence.
An allegation in a complaint that a specified person had not furnished a return of a specified kind as at a specified date will be taken to have been proved in the absence of proof to the contrary.
For the purposes of this Part, a person will not be taken to participate in a scheme by reason only of the fact that the person is a member of 2 or more bodies involved in the electoral process.
In proceedings against a person for an offence under this Part, it is a defence for the person to prove that the person exercised all reasonable diligence to prevent the commission of the offence.
In this section—
participate in, a scheme, includes—
enable, aid or facilitate entry into, or the carrying out of, a scheme; and
organise or control a scheme;
scheme includes an arrangement, agreement, understanding, course of conduct, promise or undertaking, whether express or implied.
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