sec.123PRecovery of unlawful electoral expenditure

### sec.123P Recovery of unlawful electoral expenditure This section applies if a participant in an election, or a person acting with the participant’s authority, incurs unlawful electoral expenditure for the election. The amount that is twice the amount of the unlawful electoral expenditure is payable to the State. The amount may be recovered by the State as a debt due to the State from— if the unlawful electoral expenditure was incurred by or with the authority of a registered political party that endorsed a candidate in the election and is not a corporation—the party’s agent; or if the unlawful electoral expenditure was incurred by or with the authority of a candidate—the candidate or the candidate’s agent; or if the unlawful electoral expenditure was incurred by or with the authority of a group of candidates—the group’s agent; or if the unlawful electoral expenditure was incurred by or with the authority of a third party that is not a corporation—the third party’s agent; or if the unlawful electoral expenditure was incurred by or with the authority of another participant—the participant. The imposition of liability to pay an amount to the State under this section— is not a punishment or sentence for an offence against section 123N or 123O or any other offence; and is not a matter to which a court may have regard in sentencing an offender for an offence against section 123N or 123O or any other offence. In this section— unlawful electoral expenditure , for an election, in relation to a participant in the election, means electoral expenditure incurred for the election in contravention of section 123N or 123O , to the extent the expenditure exceeds the participant’s expenditure cap for the election as mentioned in the section. s 123P ins 2023 No. 8 s 41 (sec.123P-ssec.1) This section applies if a participant in an election, or a person acting with the participant’s authority, incurs unlawful electoral expenditure for the election. (sec.123P-ssec.2) The amount that is twice the amount of the unlawful electoral expenditure is payable to the State. (sec.123P-ssec.3) The amount may be recovered by the State as a debt due to the State from— if the unlawful electoral expenditure was incurred by or with the authority of a registered political party that endorsed a candidate in the election and is not a corporation—the party’s agent; or if the unlawful electoral expenditure was incurred by or with the authority of a candidate—the candidate or the candidate’s agent; or if the unlawful electoral expenditure was incurred by or with the authority of a group of candidates—the group’s agent; or if the unlawful electoral expenditure was incurred by or with the authority of a third party that is not a corporation—the third party’s agent; or if the unlawful electoral expenditure was incurred by or with the authority of another participant—the participant. (sec.123P-ssec.4) The imposition of liability to pay an amount to the State under this section— is not a punishment or sentence for an offence against section 123N or 123O or any other offence; and is not a matter to which a court may have regard in sentencing an offender for an offence against section 123N or 123O or any other offence. (sec.123P-ssec.5) In this section— unlawful electoral expenditure , for an election, in relation to a participant in the election, means electoral expenditure incurred for the election in contravention of section 123N or 123O , to the extent the expenditure exceeds the participant’s expenditure cap for the election as mentioned in the section. - (a) if the unlawful electoral expenditure was incurred by or with the authority of a registered political party that endorsed a candidate in the election and is not a corporation—the party’s agent; or - (b) if the unlawful electoral expenditure was incurred by or with the authority of a candidate—the candidate or the candidate’s agent; or - (c) if the unlawful electoral expenditure was incurred by or with the authority of a group of candidates—the group’s agent; or - (d) if the unlawful electoral expenditure was incurred by or with the authority of a third party that is not a corporation—the third party’s agent; or - (e) if the unlawful electoral expenditure was incurred by or with the authority of another participant—the participant. - (a) is not a punishment or sentence for an offence against section 123N or 123O or any other offence; and - (b) is not a matter to which a court may have regard in sentencing an offender for an offence against section 123N or 123O or any other offence.