ELECTORAL ACT 2002 - SECT 218 Offences
ELECTORAL ACT 2002 - SECT 218
OffencesS. 218(1) amended by No. 30/2018 s. 59(1).
(1) If the registered officer of a registered political party gives a statement that contains particulars that are, to the knowledge of the registered officer, false or misleading in a material particular, the registered officer is guilty of an offence.
Penalty: 300 penalty units or 2 years imprisonment or both.
S. 218(2) amended by No. 30/2018 s. 59(2).
(2) If a candidate gives a statement that contains particulars that are, to the knowledge of the candidate, false or misleading in a material particular, the candidate is guilty of an offence.
Penalty: 300 penalty units or 2 years imprisonment or both.
(3) If a person is convicted of an offence against subsection (1) or (2), the court may, in addition to imposing a penalty under that subsection, order the person to forfeit to the State an amount equal to the amount of any payment obtained by the person under this Part.
(4) If a court has made an order under subsection (3), 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 enforceable in all respects as a final judgment of that court.
S. 218(5) amended by No. 30/2018 s. 59(3).
(5) A person who gives to another person who is required to give a statement any information that relates to the statement and that is, to the knowledge of the first-mentioned person, false or misleading in a material particular is guilty of an offence.
Penalty: 300 penalty units or 2 years imprisonment or both.
S. 218(5A) inserted by No. 30/2018 s. 44, amended by No. 30/2018 s. 59(4).
(5A) A person who knowingly makes or accepts a political donation that is unlawful under Division 3A or 3B is guilty of an offence.
Penalty: 300 penalty units or 2 years imprisonment or both.
(6) Despite anything to the contrary in this Act or any other Act, a prosecution in respect of an alleged offence against a provision of this section may be started at any time within 3 years after the alleged offence was committed.
S. 218A inserted by No. 30/2018 s. 60.