Offences
175U Offences
If a person fails to lodge a disclosure document that the person is required to lodge under this Part within the time required by this Part, the person commits an offence.
Penalty for this subsection:
if a disclosure document is required to be lodged by the agent of a registered political party — a fine of $36 000; or
otherwise — a fine of $24 000.
If a person lodges a disclosure document that the person is required to lodge under this Part and the document is incomplete, the person commits an offence.
Penalty for this subsection: a fine of $3 000.
If the agent of a political party lodges a disclosure document that the agent is required to lodge under this Part, or a claim that the agent may lodge under Division 2A, and that disclosure document or claim contains particulars that are, to the agent’s knowledge, false or misleading in a material particular, the agent commits an offence.
Penalty for this subsection: a fine of $36 000.
If a person who is not the agent of a political party lodges a disclosure document that the person is required to lodge under this Part, or a claim that the person may lodge under Division 2A, and that disclosure document or claim contains particulars that are, to the person’s knowledge, false or misleading in a material particular, the person commits an offence.
Penalty for this subsection: a fine of $24 000.
A person must not supply to another person who is required to lodge a disclosure document under this Part, or may lodge a claim under Division 2A, information that relates to the disclosure document or claim and that is, to the knowledge of the first‑mentioned person, false or misleading in a material particular.
Penalty for this subsection: a fine of $10 000.
If —
a person is required to lodge a disclosure document within a particular period; and
the person fails to lodge the disclosure document within that period,
the following provisions of this subsection have effect —
the obligation to lodge the disclosure document continues notwithstanding that that period has expired; and
where the person is convicted of an offence that is constituted by failure to lodge the disclosure document within that period, that person commits a separate and further offence in respect of each day after the day of the conviction during which the failure to lodge the document continues; and
the penalty applicable to each separate and further offence is a fine not exceeding $500.
Charges against the same person for any number of offences under subsection (6)(d) may be joined in the one prosecution notice.
If a person is convicted of more than one offence under subsection (6)(d), the court may impose one penalty in respect of all offences of which the person is so convicted but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.
[Section 175U inserted: No. 75 of 1992 s. 4 (as amended: No. 43 of 1996 s. 26); amended: No. 84 of 2004 s. 80; No. 55 of 2006 s. 8; No. 30 of 2023 s. 148.]
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