161Offence relating to scheme to circumvent political donation or expenditure prohibitions or restrictions

161 Offence relating to scheme to circumvent political donation or expenditure prohibitions or restrictions

(1)  In this section –

scheme means –

(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable by legal proceedings; and

(b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

(2)  A person who enters into or carries out a scheme (whether alone or with others) for the purpose of circumventing a prohibition or requirement of Part 3 , 4 , 5 , 6 , 7 , 8 or 9 is guilty of an offence punishable on indictment under the Criminal Code.

(3)  It does not matter that the person also enters into or carries out the scheme for other purposes.

(4)  Despite an offence referred to in subsection (2) being punishable on indictment, a court of summary jurisdiction may hear and determine proceedings in respect of the offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

(5)  If a court of summary jurisdiction finds a person guilty of an offence against subsection (2) , the court may impose a penalty of a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.