Electoral Act, 1997
|
Offences and penalties (Part V). |
43.—(1) A person shall be guilty of an offence if, at an election, he or she incurs election expenses, or makes any payment, advance or deposit in respect of such expenses— | |
(a) on behalf of a political party unless the person is the national agent of the political party concerned or a person authorised by such national agent acting within the limit of such authorisation, or | ||
(b) on behalf of a candidate (other than election expenses deemed under section 32 (1)(b)(ii) or 33 (1)(b)(ii) to be election expenses incurred by that candidate) unless the person is the election agent of the candidate or a person authorised by such agent acting within the limit of such authorisation. | ||
(2) The national agent of a political party or the election agent of a candidate shall be guilty of an offence if at an election the said agent— | ||
(a) directly or through any other person incurs election expenses in excess of the relevant amount calculated in accordance with section 32 or 42 or an order made under section 33 (1)(b), as may be appropriate, or | ||
(b) in contravention of section 34 pays any claim in respect of election expenses, or | ||
(c) fails to furnish to the Public Offices Commission, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 36 , or | ||
(d) furnishes to the Public Offices Commission a statement of election expenses which, to the agent's knowledge, is false or misleading in a material respect, or | ||
(e) fails otherwise to comply with the provisions of section 36 . | ||
(3) A person to whom section 31 (7) applies shall be guilty of an offence if at an election he or she— | ||
(a) fails to notify the Public Offices Commission in accordance with that subsection of his or her intention to incur election expenses, or | ||
(b) fails to furnish to the Public Offices Commission, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 36 , or | ||
(c) furnishes to the Public Offices Commission a statement of election expenses which, to the person's knowledge, is false or misleading in a material respect, or | ||
(d) fails otherwise to comply with section 36 . | ||
(4) A person shall be guilty of an offence if he or she publishes in a newspaper, magazine or other periodical publication of which he or she is publisher an advertisement or notice in relation to an election purporting to promote or oppose the interests of a political party or a candidate at that election at the request of any person other than the national agent of a political party, or a person authorised in writing by such agent or a candidate at the election or the election agent of such candidate, or a person authorised in writing by such candidate or agent, unless that person produces to the said publisher a certificate from the Public Offices Commission referred to in section 31 (10). | ||
(5) Where a person is guilty of an offence under this section— | ||
(a) the person shall be liable on summary conviction to a fine not exceeding £1,000, | ||
(b) the person shall be liable, where the offence is an offence referred to in subsection (2) (d) or (3) (c), on conviction on indictment to a fine not exceeding £20,000 or, at the discretion of the court, to imprisonment for a period not exceeding 3 years or to both such fine and such imprisonment, and | ||
(c) where the conviction relates to failure to furnish a statement of election expenses under section 36 , the person shall be guilty of a further offence on every day on which the failure continues after such conviction and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding £100. | ||
(6) It shall be a defence to a prosecution under subsection (2) (a) to show that a person did not know and could not reasonably have known that he or she incurred election expenses above the specified limit. | ||
(7) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Director of Public Prosecutions. |