Offence to incur electoral expenditure not permitted under Division
175SP Offence to incur electoral expenditure not permitted under Division
The agent of a registered political party commits a crime if —
electoral expenditure is incurred in relation to an election during the capped expenditure period for the election by or with the authority of the registered political party; and
the incurring of the electoral expenditure is not permitted to be incurred under this Division.
Penalty for this subsection: imprisonment for 3 years and a fine of —
if an expenditure cap applies to the political party for the election and it is exceeded — an amount equal to 3 times the amount by which the electoral expenditure in relation to the election exceeds the expenditure cap; or
if paragraph (a) does not apply, or the amount worked out under paragraph (a) is less than $36 000 — $36 000.
The agent of a non‑party candidate who is not included in a group commits a crime if —
electoral expenditure is incurred in relation to an election during the capped expenditure period for the election by or with the authority of the non‑party candidate; and
the incurring of the electoral expenditure is not permitted to be incurred under this Division.
Penalty for this subsection: imprisonment for 3 years and a fine of —
if an expenditure cap applies to the non‑party candidate for the election and it is exceeded — an amount equal to 3 times the amount by which the electoral expenditure in relation to the election exceeds the expenditure cap; or
if paragraph (a) does not apply, or the amount worked out under paragraph (a) is less than $36 000 — $36 000.
The agent of a non‑party group who is not included in a group commits a crime if —
electoral expenditure is incurred in relation to an election during the capped expenditure period for the election by or with the authority of the non‑party group; and
the incurring of the electoral expenditure is not permitted to be incurred under this Division.
Penalty for this subsection: imprisonment for 3 years and a fine of —
if an expenditure cap applies to the non‑party group for the election and it is exceeded — an amount equal to 3 times the amount by which the electoral expenditure in relation to the election exceeds the expenditure cap; or
if the amount worked out under paragraph (a) is less than $36 000 — $36 000.
The agent of a third‑party campaigner commits a crime if —
electoral expenditure is incurred in relation to an election during the capped expenditure period for the election by or with the authority of the third‑party campaigner; and
the incurring of the electoral expenditure is not permitted to be incurred under this Division.
Penalty for this subsection: imprisonment for 3 years and a fine of —
an amount equal to 3 times the amount by which the electoral expenditure in relation to the election exceeds the expenditure cap; or
if the amount worked out under paragraph (a) is less than $36 000 — $36 000.
A person to whom subsections (1) to (4) do not apply commits a crime if —
electoral expenditure is incurred in relation to an election during the capped expenditure period for the election by or with the authority of the person; and
the incurring of the electoral expenditure is not permitted to be incurred under this Division.
Penalty for this subsection: imprisonment for 3 years and a fine of —
if an expenditure cap applies to the person for the election and it is exceeded — an amount equal to 3 times the amount by which the electoral expenditure in relation to the election exceeds the expenditure cap; or
if paragraph (a) does not apply, or the amount worked out under paragraph (a) is less than $36 000 — $36 000.
[Section 175SP inserted: No. 30 of 2023 s. 145.]
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