Queensland Consolidated Acts

LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 43C

43C Application of Act to groups of candidates

(1) Part 6 and part 9 , division 5 apply in relation to a group of candidates as if it were a person.

(2) An obligation or liability that, apart from this subsection, would be imposed under part 6 or part 9 , division 5 on a group of candidates, is imposed on each member of the group, but may be discharged by any of the members of the group.

(3) An amount that, apart from this subsection, would be payable under part 6 or part 9 , division 5 by a group of candidates is jointly and severally payable by the members of the group.

(4) An offence against a provision of part 6 or part 9 , division 5 that, apart from this subsection, would be committed by a group of candidates is taken to have been committed by each member of the group who—

(a) authorised or permitted the conduct that would have constituted the offence; or

(b) was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence.

Penalty—

Maximum penalty—the penalty for a contravention of the provision by an individual.

(5) This section does not affect the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is a member of a group of candidates, for an offence against part 6 or part 9 , division 5 .

(6) A reference in part 6 to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting—

(a) on behalf of a group of candidates; and

(b) under the group’s actual or apparent authority.

(7) Also, a reference in part 6 to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of a group of candidates.