Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 315

             (1)  Where a person fails to furnish a return that the person is required to furnish under Division 4, 5 or 5A within the time required by this Part, the person is guilty of an offence punishable, upon conviction, by a fine not exceeding:

                     (a)  in the case of a return required to be furnished by the agent of a political party or of a State branch of a political party--$5,000; or

                     (b)  in any other case--$1,000.

          (1A)  Strict liability applies to an offence against subsection (1).

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (2)  Where a person:

                     (a)  furnishes a return that is incomplete, being a return that the person is required to furnish under Division 4, 5 or 5A; or

                     (b)  fails to retain records in accordance with section 317;

the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $1,000.

          (2A)  Strict liability applies to an offence against subsection (2).

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (3)  Where the agent of a political party or of a State branch of a political party lodges a claim under Division 3, or furnishes a return that the agent is required to furnish under Division 4, 5 or 5A, that contains particulars that are, to the knowledge of the agent, false or misleading in a material particular, the agent is guilty of an offence punishable, upon conviction, by a fine not exceeding $10,000.

             (4)  Where a person (not being the agent of a political party or of a State branch of a political party) lodges a claim under Division 3, or furnishes a return that the person is required to furnish under Division 4 or 5, that contains particulars that are, to the knowledge of the person, false or misleading in a material particular, the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $5,000.

             (5)  Where a person is convicted of an offence against subsection (3) or (4), the court may, in addition to imposing a penalty under that subsection, order the person to refund to the Commonwealth the amount of any payment wrongfully obtained by the person under Division 3.

             (6)  Where a court has made an order under subsection (5), a certificate signed by the appropriate officer of the court specifying the amount ordered to be refunded and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of that amount and is thereupon enforceable in all respects as a final judgment of that court.

          (6A)  A person shall not give to another person, for the purpose of the making by that other person of a claim under Division 3, information that is, to the knowledge of the first-mentioned person, false or misleading in a material particular.

Penalty:  $1,000.

             (7)  A person shall not furnish to another person who is required to furnish a return under Division 4, 5 or 5A information that relates to the return and that is, to the knowledge of the first-mentioned person, false or misleading in a material particular.

Penalty:  $1,000.

             (8)  Where:

                     (a)  a person is required to furnish a return under Division 4, 5 or 5A within a particular period; and

                     (b)  the person fails to furnish the return within that period;

the following provisions of this subsection have effect:

                     (c)  the obligation to furnish the return continues notwithstanding that that period has expired;

                     (d)  where the person is convicted of an offence that is constituted by failure to furnish the return within that period, that person is guilty of a separate and further offence in respect of each day after the day of the conviction during which the failure to furnish the return continues; and

                     (e)  the penalty applicable to each separate and further offence is a fine not exceeding $100.

             (9)  Charges against the same person for any number of offences under paragraph (8)(d) may be joined in the same information or complaint.

           (10)  If a person is convicted of more than one offence under paragraph (8)(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.

           (11)  A prosecution in respect of an offence against a provision of this section (being an offence committed on or after the commencement of this subsection) may be started at any time within 3 years after the offence was committed.