What happens if I break the rules about electoral spending?

In Plain English

If you're a foreign campaigner and you spend more than $1,000 in a financial year on trying to influence an Australian election, or if you fundraise more than $1,000 for that purpose, you could face a civil penalty. The penalty could be either 200 penalty units or, if the court can figure out how much you overspent or over-fundraised, three times that amount, whichever is higher.

Also, the Electoral Commissioner can stop you from using schemes designed to get around these spending limits. If you ignore the Commissioner's notice, you could face another civil penalty, calculated in a similar way.

Detailed Explanation

The Electoral Legislation Amendment (Foreign Influences and Offences) Act 2022 introduces measures to regulate electoral expenditure and fundraising activities by foreign campaigners.

Restrictions on Foreign Campaigners:

  • Expenditure and Fundraising Limits: Section 314AJ of the Commonwealth Electoral Act 1918, as inserted by the Electoral Legislation Amendment (Foreign Influences and Offences) Act 2022, prohibits foreign campaigners from incurring electoral expenditure or fundraising for electoral expenditure exceeding $1,000 in a financial year.
  • Civil Penalties: Contravention of this prohibition results in a civil penalty. The penalty is the higher of 200 penalty units or three times the amount of expenditure incurred or fundraised in contravention of the limit (if the court can determine or estimate that amount) (s 314AJ).

Anti-Avoidance Measures:

  • Schemes to Avoid Restrictions: Section 314AK of the Commonwealth Electoral Act 1918 empowers the Electoral Commissioner to issue written notices to individuals or entities involved in schemes designed to avoid the restrictions on electoral expenditure or fundraising by foreign campaigners.
  • Consequences of Ignoring Notices: Failure to comply with a notice issued by the Electoral Commissioner under s 314AK can result in a civil penalty. The penalty is the higher of 200 penalty units or three times the amount that was not prohibited as a result of the scheme (if the court can determine or estimate that amount).