Electoral Act 1993

Corrupt and illegal practices - General provisions

224: Punishment for corrupt or illegal practice

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"Breaking election rules can get you in trouble with fines or prison time"

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If you do something corrupt during an election, you can get in trouble. You might have to go to prison for up to 2 years or pay a fine. The fine can be up to $100,000 if you are a constituency candidate, party secretary, or registered promoter and you break the rules under Part 6A. For other people, the fine can be up to $40,000.

If you do something illegal during an election, you can also get in trouble. You might have to pay a fine. The fine can be up to $40,000 if you are a constituency candidate, party secretary, or registered promoter and you break the rules under Part 6AA or Part 6A. For other people, the fine can be up to $10,000.

Some rules do not apply to everyone, like the rules under section 201 or section 43 of the Citizens Initiated Referenda Act 1993.

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Part 7Corrupt and illegal practices
General provisions

224Punishment for corrupt or illegal practice

  1. Every person who is guilty of any corrupt practice is liable on conviction to either or both of the following:

  2. a term of imprisonment not exceeding 2 years:
    1. a fine not exceeding—
      1. $100,000 in the case of a person who is a constituency candidate, party secretary, or registered promoter and who is convicted of any corrupt practice under Part 6A; or
        1. $40,000 in any other case.
        2. Every person who is guilty of any illegal practice is liable on conviction to a fine not exceeding—

        3. $40,000 in the case of a person who is a constituency candidate, party secretary, or registered promoter and who is convicted of any illegal practice under Part 6AA or 6A; or
          1. $40,000 in the case of a person who is an unregistered promoter and who is convicted of any illegal practice under section 204B or 204D; or
            1. $10,000 in any other case.
              1. Subsection (1) does not apply in relation to a corrupt practice under—

              2. section 201; or
                1. section 43 of the Citizens Initiated Referenda Act 1993.
                  Compare
                  • 1993 No 87 s 224 (pre-20 December 2007);
                  • 2007 No 111 ss 142
                  Notes
                  • Section 224: substituted, on , by section 10 of the Electoral Amendment Act 2009 (2009 No 1).
                  • Section 224(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 224(1)(b)(i): amended, on , by section 32(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).
                  • Section 224(2): substituted, on , by section 32(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).
                  • Section 224(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 224 compare note: amended, on , by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).