Electoral Act 1993

Election expenses, donations, and annual financial statements - Election expenses of registered promoters

206ZE: Offences relating to return of registered promoter's election expenses

You could also call this:

"Breaking election expense rules can lead to big fines or trouble with the law"

Illustration for Electoral Act 1993

If you are a registered promoter, you must file a return of your election expenses under section 206ZC. If you file it late, you can get a fine of up to $40,000. You are considered late if you file it after the day it is due and up to 15 working days later. You can be guilty of a corrupt practice if you file your return after this late period or if you do not file it at all. If you file a return that has false information, you can be guilty of a corrupt practice if you knew it was false. If you did not know, you might be guilty of an illegal practice unless you can prove you did not mean to give wrong information and you took steps to make sure it was accurate. If you are not a person or a company, the person who files the return for you can also get in trouble. This does not mean you are not responsible too.

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206ZD: Electoral Commission may require auditor's report on return of registered promoter's election expenses, or

"The Electoral Commission can ask for a special report to check if election expenses are honest and correct."


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206ZF: Obligation to retain records necessary to verify return of registered promoter's election expenses, or

"Keep records to prove your election expenses are correct"

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

206ZEOffences relating to return of registered promoter's election expenses

  1. A registered promoter commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 206ZC during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period).

  2. A registered promoter is guilty of a corrupt practice who, without reasonable excuse,—

  3. files a return of election expenses under section 206ZC after the late period; or
    1. fails to file a return of election expenses under section 206ZC.
      1. A registered promoter who files a return under section 206ZC that is false in any material particular is guilty of—

      2. a corrupt practice if the registered promoter filed the return knowing it to be false in any material particular:
        1. an illegal practice in any other case unless the registered promoter proves that—
          1. he or she had no intention to misstate or conceal the facts; and
            1. he or she took all reasonable steps in the circumstances to ensure that the information was accurate.
            2. If the registered promoter is not an individual or a company, the registered promoter's representative who files the return in accordance with section 206ZC(3) is liable under subsections (1) and (2).

            3. Subsection (3) does not limit the liability of a registered promoter under subsection (1) or (2).

            Compare
            Notes
            • Section 206ZE: inserted, on , by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).
            • Section 206ZE(1): replaced, on , by section 33 of the Electoral Amendment Act 2014 (2014 No 8).
            • Section 206ZE(1A): inserted, on , by section 33 of the Electoral Amendment Act 2014 (2014 No 8).