Australian Capital Territory Current Acts

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ELECTORAL ACT 1992 - SECT 236

Offences

    (1)     A person commits an offence if—

        (a)     the person is required to give the commissioner a return under this part within a stated time; and

        (b)     the person fails to give the commissioner the return within the time.

Maximum penalty:

        (a)     for a return required to be given by the reporting agent of a party—50 penalty units; and

        (b)     for any other return—20 penalty units.

    (2)     A person commits an offence if—

        (a)     the person is required to give the commissioner a return under this part; and

        (b)     the person gives the commissioner the return; and

        (c)     the return is incomplete.

Maximum penalty: 20 penalty units.

    (3)     A person commits an offence if the person fails to keep records in accordance with section 239.

Maximum penalty: 20 penalty units.

    (4)     Subsections (1), (2) and (3) do not apply if the person has a reasonable excuse.

    (5)     An offence against subsection (1), (2) or (3) is a strict liability offence.

    (6)     A person commits an offence if—

        (a)     the person is required to give the commissioner a return under this part; and

        (b)     the person gives a return to the commissioner containing particulars that are, to the person's knowledge, false or misleading in a material particular.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (7)     A person (the informer ) commits an offence if—

        (a)     another person is required to give the commissioner a return under this part; and

        (b)     the informer gives the other person information relevant to the return that is, to the informer's knowledge, false or misleading in a material particular.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (8)     A prosecution in relation to an offence against this section may be started at any time within 4 years after the offence was committed.



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