LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 195
Offences about returns
LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 195
Offences about returns
195 Offences about returns
(1) A person must give a return the person is required to give under a
provision of part 6 within the time required by the provision.
Penalty—
Maximum penalty—20 penalty units.
(2) A person must not give a return the
person is required to give under part 6 containing particulars that are, to
the knowledge of the person, false or misleading in a material particular.
Penalty—
Maximum penalty—100 penalty units.
(3) If a candidate is
a member of a group of candidates and the group’s agent is required under
section 118or 120to give a return, the candidate must not allow the agent to
give the return if it contains particulars that are, to the knowledge of the
candidate, false or misleading in a material particular.
Penalty—
Maximum penalty—100 penalty units.
(4) A person (the
"first person" ) must not give to another person who is required to give a
return under part 6 information to which the return relates that is, to the
knowledge of the first person, false or misleading in a material particular.
Penalty—
Maximum penalty—20 penalty units.
(5) A prosecution for
an offence against a provision of this section may be started at any time
within 4 years after the offence was committed.
(6) If a person is found
guilty of an offence under subsection (1) , a court may, as well as imposing a
penalty under the subsection, order the person to give the relevant return
within the period stated in the order.
(7) If a person is found guilty of an
offence under subsection (2) , a court may, as well as imposing a penalty
under the subsection, order the person to pay, within the period stated in the
order, to the State an amount equal to the amount of the value of any gifts
made to, or for the benefit of, the person and not disclosed in a return.