sec.123NCompliance with expenditure cap generally

### sec.123N Compliance with expenditure cap generally This section applies to the following participants in an election— a candidate in the election; each member of a group of candidates for the election; a registered political party that endorses a candidate in the election; a registered third party for the election. The participant, or a person acting with the participant’s authority, must not incur electoral expenditure during the capped expenditure period for the election if— the amount of the expenditure, by itself, exceeds the participant’s expenditure cap for the election; or both of the following apply— the amount of the expenditure exceeds the participant’s expenditure cap when added to other relevant electoral expenditure for the election; the participant or person knows, or ought reasonably to know, the amount would result in the cap being exceeded. Maximum penalty—1,500 penalty units or 10 years imprisonment. An offence against subsection (2) is a crime. This section applies subject to section 123T (4) . In this section— other relevant electoral expenditure , in relation to a participant in an election mentioned in subsection (1) , means— other electoral expenditure incurred for the election by the participant, or with the participant’s authority, during the capped expenditure period for the election; or if the participant’s expenditure cap for the election is shared under subdivision 3 or 4 —other electoral expenditure incurred for the election by another participant with whom the expenditure cap is shared, or with the other participant’s authority, during the capped expenditure period for the election. s 123N ins 2023 No. 8 s 41 (sec.123N-ssec.1) This section applies to the following participants in an election— a candidate in the election; each member of a group of candidates for the election; a registered political party that endorses a candidate in the election; a registered third party for the election. (sec.123N-ssec.2) The participant, or a person acting with the participant’s authority, must not incur electoral expenditure during the capped expenditure period for the election if— the amount of the expenditure, by itself, exceeds the participant’s expenditure cap for the election; or both of the following apply— the amount of the expenditure exceeds the participant’s expenditure cap when added to other relevant electoral expenditure for the election; the participant or person knows, or ought reasonably to know, the amount would result in the cap being exceeded. Maximum penalty—1,500 penalty units or 10 years imprisonment. (sec.123N-ssec.3) An offence against subsection (2) is a crime. (sec.123N-ssec.4) This section applies subject to section 123T (4) . (sec.123N-ssec.5) In this section— other relevant electoral expenditure , in relation to a participant in an election mentioned in subsection (1) , means— other electoral expenditure incurred for the election by the participant, or with the participant’s authority, during the capped expenditure period for the election; or if the participant’s expenditure cap for the election is shared under subdivision 3 or 4 —other electoral expenditure incurred for the election by another participant with whom the expenditure cap is shared, or with the other participant’s authority, during the capped expenditure period for the election. - (a) a candidate in the election; - (b) each member of a group of candidates for the election; - (c) a registered political party that endorses a candidate in the election; - (d) a registered third party for the election. - (a) the amount of the expenditure, by itself, exceeds the participant’s expenditure cap for the election; or - (b) both of the following apply— (i) the amount of the expenditure exceeds the participant’s expenditure cap when added to other relevant electoral expenditure for the election; (ii) the participant or person knows, or ought reasonably to know, the amount would result in the cap being exceeded. - (i) the amount of the expenditure exceeds the participant’s expenditure cap when added to other relevant electoral expenditure for the election; - (ii) the participant or person knows, or ought reasonably to know, the amount would result in the cap being exceeded. - (i) the amount of the expenditure exceeds the participant’s expenditure cap when added to other relevant electoral expenditure for the election; - (ii) the participant or person knows, or ought reasonably to know, the amount would result in the cap being exceeded. - (a) other electoral expenditure incurred for the election by the participant, or with the participant’s authority, during the capped expenditure period for the election; or - (b) if the participant’s expenditure cap for the election is shared under subdivision 3 or 4 —other electoral expenditure incurred for the election by another participant with whom the expenditure cap is shared, or with the other participant’s authority, during the capped expenditure period for the election.