What penalties are envisioned for offences related to unlawful conduct of campaign financing?
New Zealand
New Zealand Electoral Act 1993 (2010)
205N Offences relating to return ofcandidate's election expenses
- (1) A candidate who fails to comply with section 205K is liable on conviction to—
- (a) a fine not exceeding $40,000; and
- (b) if he or she has been elected, a further fine not exceeding $400 for every day that he or she sits or votes in the House of Representatives until the return is filed.
(2) A candidate who files a return under section 205K that is false in any material particular is guilty of—
- (a) a corrupt practice if he or she filed the return knowing it to be false in any material particular; or
- (b) an illegal practice in any other case unless the candidate proves that—
- (i) he or she had no intention to misstate or conceal the facts; and
- (ii) he or she took all reasonable steps in the circumstances to ensure that the information was accurate.
(3) Aperson charged with an offence against subsection (2)(a) may be convicted of anoffence against subsection (2)(b).
206X Offence topay election expenses in excess of prescribed maximum
- (1) This section applies to any registered promoter or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of the maximum amount prescribed by section 206V.
(2) Theregistered promoter or other person is guilty of—
- (a) a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or
- (b) an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount.
(3) Everyperson who enters into an agreement or enters into an arrangement orunderstanding with any other person for the purpose of circumventing themaximum amount prescribed in section206V is guiltyof a corrupt practice.
206Y Periods forclaiming and paying registered promoter's election expenses
- (1) A claim for any election expenses against a registered promoter is recoverable only if it is sent to the registered promoter within 20 working days after the day on which the declaration required by section 179(2) is made.
(2) A claim that is sent to aregistered promoter in accordance with subsection (1) must be paid within 40working days after the day on which that declaration is made, and nototherwise.
(3) A person who makes a payment inbreach of this section is guilty of an illegal practice.
(4) This section is subject to sections 206Z and 206ZA.
206ZE Offencesrelating to return of registered promoter's election expenses
- (1) A registered promoter who fails, without reasonable excuse, to comply with section 206ZC is liable on conviction to a fine not exceeding $40,000.
(2) Aregistered promoter who files a return under section206ZC that isfalse in any material particular is guilty of—
- (a) a corrupt practice if the registered promoter filed the return knowing it to be false in any material particular:
- (b) an illegal practice in any other case unless the registered promoter proves that—
- (i) he or she had no intention to misstate or conceal the facts; and
- (ii) he or she took all reasonable steps in the circumstances to ensure that the information was accurate.
206ZF Obligationto retain records necessary to verify return of registered promoter's electionexpenses
- (1) A registered promoter must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return filed under section 206ZC to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or in relation to any matter to which the return relates.
(2) A registered promoter who fails,without reasonable excuse, to comply with subsection (1) commits an offence andis liable on conviction to a fine not exceeding $40,000.
224 Punishment forcorrupt or illegal practice
(1) Every personwho is guilty of any corrupt practice is liable on
conviction onindictment to either or both of the following:
(a) a term ofimprisonment not exceeding 2 years:
(b) a fine notexceeding—
(i) $100,000 inthe case of a person who is a constituency
candidate, partysecretary, or registered
promoter and whois convicted of any corrupt
practice underPart 6A; or
(ii) $40,000 inany other case.
(2) Every personwho is guilty of any illegal practice is liable on
conviction onindictment to a fine not exceeding—
(a) $40,000 in thecase of a person who is a constituency
candidate, partysecretary, or registered promoter and
who is convictedof any illegal practice under Part 6AA
or 6A; or
(b) $40,000 in thecase of a person who is an unregistered
promoter and whois convicted of any illegal practice
under section 204Bor 204D; or
(c) $10,000 in anyother case.
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view
Broadcasting Act 1989
http://legislation.govt.nz/act/public/1989/0025/latest/DLM158909.html
80Offences
80. Every person commits an offence and isliable on conviction to a fine not exceeding $100,000 who—
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