90Offences in relation to Council election expenditure

90 Offences in relation to Council election expenditure

(1)  A Council candidate must not contravene section 82 by incurring any amount not exceeding $1 000 in excess of the expenditure limit.

Penalty:  Fine not exceeding 0.05 penalty unit for each $1 of that first-mentioned amount.

(2)  A Council candidate must not contravene section 82 by incurring any amount exceeding $1 000 in excess of the expenditure limit.

Penalty:  Fine not exceeding 150 penalty units.

(3)  If a court convicts a person of an offence against subsection (1) or (2) , the court is to, at the time of conviction, make a finding of the amount by which the person's Council election expenditure exceeded the expenditure limit.

(4)  A person must not contravene section 81 or section 83 .

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(5)  A Council candidate must not, without reasonable excuse, fail to comply with section 84 within the period referred to in that section, or, if the Commission has allowed that period to be extended, within that extended period.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(6)  If –

(a) a court finds that a Council candidate who is successful at a Council election is guilty of an offence under subsection (2) ; and

(b) the court makes, in respect of that offence, a finding that the candidate incurred Council electoral expenditure that exceeded the expenditure limit by more than $1 000 and the court is satisfied with the correctness of that finding –

the court is to declare that candidate's election void, unless the court is satisfied that there are special circumstances that make it undesirable or inappropriate for it to make such a declaration.

(7)  If a court finds that a Council candidate who is successful at a Council election is guilty of an offence under subsection (5) , the court is to declare that candidate's election void unless the court is satisfied that there are special circumstances that make it undesirable or inappropriate for it to make such a declaration.