South Australian Current Acts South Australian Current Acts (a1) A person who does
an act or makes an omission that is unlawful under Division 6 or Division
6A is guilty of an offence if the person knows of the facts that result in the
act or omission being unlawful under the relevant Division.
Maximum penalty: $20 000 or imprisonment for 4 years.
(a2) A person who does
an act or makes an omission that is unlawful under Division 6 or Division
6A is guilty of an offence if the person ought reasonably to know of the facts
that result in the act or omission being unlawful under the relevant Division.
Maximum penalty: $10 000 or imprisonment for 2 years.
(a3) A person must not
knowingly participate, directly or indirectly, in a scheme to
circumvent—
(a) a
prohibition or requirement under Division 6 relating to
political expenditure; or
(b) a
prohibition or requirement under Division 6A relating to electoral donations.
Maximum penalty: $50 000 or imprisonment for 10 years.
(a4)
Subsection (a3) applies whether or not the person also participates in
the scheme for other purposes.
(1) A person who fails
to furnish a return that the person is required to furnish under this Part
within the time required by this Part is guilty of an offence.
Maximum penalty:
(a) in
the case of a return required to be furnished by the agent of a
political party—$10 000;
(b) in
any other case—$5 000.
(2) A person who
furnishes a return under this Part that is incomplete is guilty of an offence.
Maximum penalty: $1 500.
(3) A person who
furnishes a return or other information—
(a) that
the person is required to furnish under this Part; and
(b) that
contains a statement that is, to the knowledge of the person, false or
misleading in a material particular,
is guilty of an offence.
Maximum penalty: $10 000.
(4) A person who
furnishes to another person who is required to furnish a return
information—
(a) that
the person knows is required for the purposes of that return; and
(b) that
is, to that person's knowledge, false or misleading in a material particular,
is guilty of an offence.
Maximum penalty: $10 000.
(5) A person who
contravenes, or fails to comply with, a provision of this Part is guilty of an
offence.
(6) A person who is
guilty of an offence against this Part for which no penalty is specifically
provided is liable to a penalty not exceeding $7 500.
(a) a
person admits the commission of an offence against subsection (a1) or
(a2); and
(b) the
offence was committed within 2 years after the commencement of that
subsection; and
(c)
the Electoral Commissioner is of the opinion that the matter does not warrant
prosecution,
the Electoral Commissioner may informally caution the person against further
offending, require the person to complete a course of education, training or
instruction determined by the Electoral Commissioner and proceed no further
against the person.
(6b) A person who
fails to comply with a requirement of the Electoral Commissioner under
subsection (6a) is guilty of an offence.
(7) If a person
commits an offence by reason of a failure to furnish a return or other
information, or to do any other thing, within a particular period as required
under this Part—
(a) the
obligation to furnish the return or other information, or to do the other
thing, continues despite the expiration of the period; and
(b) if
the person is convicted of the offence and the failure continues after
conviction, the person is guilty of a further offence against that provision
and liable, in addition to the penalty otherwise applicable to the offence, to
a penalty for each day during which the failure continues after the conviction
of not more than an amount equal to one-fifth of the maximum penalty
prescribed for the offence.
(8) An allegation in a
complaint that a specified person had not furnished a return of a specified
kind as at a specified date will be taken to have been proved in the absence
of proof to the contrary.
(8a) For the purposes
of this Part, a person will not be taken to participate in a scheme by reason
only of the fact that the person is a member of 2 or more bodies involved in
the electoral process.
(9) In proceedings
against a person for an offence under this Part, it is a defence for the
person to prove that the person exercised all reasonable diligence to prevent
the commission of the offence.
(10) In this
section—
"participate in", a scheme, includes—
(a)
enable, aid or facilitate entry into, or the carrying out of, a scheme; and
(b)
organise or control a scheme;
"scheme" includes an arrangement, agreement, understanding, course of conduct,
promise or undertaking, whether express or implied.