sec.123OCompliance with expenditure cap—unregistered third party

### sec.123O Compliance with expenditure cap—unregistered third party This section applies to a third party for an election that is not registered for the election. The third party, or a person acting with the third party’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 third party’s expenditure cap for the election; or both of the following apply— the amount of the expenditure exceeds the third party’s expenditure cap when added to other electoral expenditure incurred for the election by the third party, or with the third party’s authority, during the capped expenditure period for the election; the third party or person knows, or ought reasonably to know, the amount would result in the cap being exceeded. Maximum penalty—the greater of the following amounts— the amount that is equal to twice the amount by which the electoral expenditure exceeded the third party’s expenditure cap for the election; 200 penalty units. s 123O ins 2023 No. 8 s 41 (sec.123O-ssec.1) This section applies to a third party for an election that is not registered for the election. (sec.123O-ssec.2) The third party, or a person acting with the third party’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 third party’s expenditure cap for the election; or both of the following apply— the amount of the expenditure exceeds the third party’s expenditure cap when added to other electoral expenditure incurred for the election by the third party, or with the third party’s authority, during the capped expenditure period for the election; the third party or person knows, or ought reasonably to know, the amount would result in the cap being exceeded. Maximum penalty—the greater of the following amounts— the amount that is equal to twice the amount by which the electoral expenditure exceeded the third party’s expenditure cap for the election; 200 penalty units. - (a) the amount of the expenditure, by itself, exceeds the third party’s expenditure cap for the election; or - (b) both of the following apply— (i) the amount of the expenditure exceeds the third party’s expenditure cap when added to other electoral expenditure incurred for the election by the third party, or with the third party’s authority, during the capped expenditure period for the election; (ii) the third party 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 third party’s expenditure cap when added to other electoral expenditure incurred for the election by the third party, or with the third party’s authority, during the capped expenditure period for the election; - (ii) the third party 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 third party’s expenditure cap when added to other electoral expenditure incurred for the election by the third party, or with the third party’s authority, during the capped expenditure period for the election; - (ii) the third party or person knows, or ought reasonably to know, the amount would result in the cap being exceeded. - (a) the amount that is equal to twice the amount by which the electoral expenditure exceeded the third party’s expenditure cap for the election; - (b) 200 penalty units.