Tasmanian Numbered Acts

ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 199

199. Offences relating to electoral expenses

      (1) A person who contravenes section 159 or 162 is guilty of an offence.

Penalty:

Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both.

      (2) A candidate at a Council election who contravenes section 160 by incurring any amount not exceeding $1 000 in excess of the expenditure limit is guilty of an offence.

Penalty:

Fine not exceeding 0.05 penalty unit for each $1 of that first-mentioned amount.

      (3) A candidate at a Council election who contravenes section 160 by incurring any amount exceeding $1 000 in excess of the expenditure limit is guilty of an offence.

Penalty:

Fine not exceeding 150 penalty units.

      (4) A candidate who, without reasonable excuse, fails to comply with section 161 within the period referred to in that section, or, if the Commission has allowed that period to be extended, within that extended period, is guilty of an offence.

Penalty:

Fine not exceeding 200 penalty units.

      (5) If a court finds that a candidate who is successful at a Council election is guilty of –

(a) an offence under subsection (3) and, in respect of that offence, the court makes a finding that the candidate incurred electoral expenditure that exceeded the expenditure limit by more than $1 000, the court, if it is satisfied with the correctness of that finding, is to declare that candidate's election void unless the court is satisfied that there are special circumstances that make it undesirable or inappropriate for it to make such a declaration; or

(b) an offence under subsection (4), the court is to declare that candidate's election void unless the court is satisfied that there are special circumstances of the kind referred to in paragraph (a).

      (6) A candidate who, in purported compliance with section 161, files a return, invoice or receipt which is, to his or her knowledge, false or misleading in a material particular is guilty of an offence.

Penalty:

Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both.

      (7) A person must not, without reasonable excuse, fail to comply with a requirement made under section 165(1).

Penalty:

Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both.

      (8) A person who, in purported compliance with a requirement made under section 165(1), provides information, gives an answer or makes a statement which is, or produces records which are, to his or her knowledge, false or misleading in a material particular is guilty of an offence.

Penalty:

Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both.

      (9) In any proceedings for an offence under this section, a copy of a record or part of a record made under section 165(2) is admissible in evidence in those proceedings and, in the absence of evidence to the contrary, the contents of the copy are to be presumed to be the same as those on the original record or part.