Electoral Act 1907

This section applies if an amount of electoral expenditure that is not permitted to be incurred under this Division (the unlawful amount) is incurred in relation to an election by or with the authority of a person during the capped expenditure period for the election.

An amount equal to twice the unlawful amount is payable to the State as a debt due to the State by action, in a court of competent jurisdiction, against —

if the unlawful amount is incurred, or authorised to be incurred, by a political party —

if the party is a body corporate — the party; or

otherwise — the agent of the party;

if the unlawful amount is incurred, or authorised to be incurred, by a non‑party candidate — the non‑party candidate or the agent of the non‑party candidate; or

if the unlawful amount is incurred, or authorised to be incurred, by a non‑party group — a candidate included in the non‑party group or the agent of the non‑party group; or

if the unlawful amount is incurred, or authorised to be incurred, by a third‑party campaigner — the agent of the third‑party campaigner; or

if the unlawful amount is incurred, or authorised to be incurred, by a person to whom paragraphs (a) to (d) do not apply — the person.

Nothing in this section affects the liability of a person to be convicted of an offence under section 175SP or 175SQ or the penalty that can be imposed for those offences.