Electoral Act 1993

Election expenses, donations, and annual financial statements - Election expenses of parties

206D: Offence to pay election expenses in excess of prescribed maximum

You could also call this:

"Paying too much for election expenses can get you in trouble"

Illustration for Electoral Act 1993

If you pay more than the allowed amount for election expenses, you can get in trouble. You must not pay more than the maximum amount set by section 206C. If you do, you might be guilty of a corrupt practice or an illegal practice, depending on what you knew and did. You can be guilty of a corrupt practice if you knew you were paying too much or if you tried to get around the rules by making a special deal with someone. If you make a deal with someone to get around the rules about election expenses, you can be guilty of a corrupt practice, as stated in section 206C.

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206CC: Apportionment of election expenses of election advertisement between party and candidate, or

"How election ad costs are shared between parties and candidates"


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206E: Periods for claiming and paying party's election expenses, or

"Claiming and paying for election expenses: time limits for parties"

Part 6AElection expenses, donations, and annual financial statements
Election expenses of parties

206DOffence to pay election expenses in excess of prescribed maximum

  1. This section applies to any person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of either of the maximum amounts prescribed by section 206C.

  2. The person is guilty of—

  3. a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or
    1. an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount.
      1. Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing either of the maximum amounts prescribed in section 206C is guilty of a corrupt practice.

      Compare
      • 1993 No 87 s 214B(3) (pre-20 December 2007);
      • 2007 No 111 s 101
      Notes
      • Section 206D: inserted, on , by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
      • Section 206D(1): amended, on , by section 22 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
      • Section 206D(3): added, on , by section 13 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).