POLITICAL DONATION CRIMINAL OFFENCES

POLITICAL DONATION CRIMINAL OFFENCES

Political donation criminal offences can result in severe consequences. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing not guilty verdicts, bail and the withdrawal of charges for our clients across NSW clients who have been charged with political donation criminal offences.

If you or anyone you know have been accused or charged with a political donation criminal offence, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation, so that we may assess the best defences available to you.

 

WHAT ARE POLITICAL DONATIONS?

A political donation is a gift made to, or for the benefit of, a political party, elected member, candidate, group of candidates, or other person or entity including an associated entity or third-party campaigner in NSW.

Political donations do not necessarily have to be money, and include:

• A monetary gift
• A non-monetary gift
• The provision of a service at no charge, or at a discounted rate,
• A contribution, entry fee or other payment allowing a person to participate in, or benefit from, a fundraising venture or function where the amount paid is part of the proceeds
• Annual or other subscriptions paid to a political party by a member of a party, or by a person or entity for affiliation with the party,
• In certain circumstances, a disposition of property and uncharged interest on a loan.

In NSW, reportable political donations must be disclosed to the NSW Electoral Commission.

 

WHAT ARE POLITICAL DONATION CRIMINAL OFFENCES?

Criminal offences associated with political donations are governed under Sections 141-146 of the Electoral Funding Act 2018 (NSW).

Offences relating to disclosures of political donations and electoral expenditure

Section 141 of the Electoral Funding Act 2018 (NSW) makes it a criminal offence for a person who is required to lodge a declaration under the legislation relating to disclosures of political donations and electoral expenditure to not do so within the time required.

It is also a criminal offence to lodge an incomplete declaration without a reasonable excuse.

The maximum penalty for this political donation criminal offence is a fine of up to $22,000.

Offences relating to assisting others lodging claims or disclosures

Section 142 of the Electoral Funding Act 2018 (NSW) provides obligations on people of certain positions for the purposes of ensuring the truthfulness of disclosures of political donations and electoral expenditure.

The maximum penalty for this political donations criminal offence is imprisonment of up to 2 years and/or a fine of up to $44,000.

Offences relating to caps on donations and expenditure

Section 143 of the Electoral Funding Act 2018 (NSW) prescribes a maximum penalty of imprisonment of up to 2 years and/or a fine of up to $44,000 for a person convicted of committing any unlawful act related to caps on donations and expenditure under Division 3 or 4 of Part 3 of the Act.

The same penalties apply for a person convicted of making a donation with the intention of causing the donation to be accepted in contravention of Division 3 of Part 3 of the Act.

Offence relating to scheme to circumvent political donation or expenditure prohibitions or restrictions

Section 144 of the Electoral Funding Act 2018 (NSW) makes it a criminal offence for a person who enters into or carries out a scheme for the purpose of circumventing a prohibition or requirement of political donations and electoral expenditure, with a maximum penalty of 10 years imprisonment.

 

Other offences relating to political donations and electoral expenditure

Section 145 of the Electoral Funding Act 2018 (NSW) creates an offence for a wide variety of other unlawful activity relating to political donations and electoral expenditure, with a maximum penalty of imprisonment of up to 2 years and/or a fine of up to $44,000.

This section also imposes a requirement to keep certain records for a period of 3 years, with a failure to do so punishable by a fine to a political party of up to $2,200 or an individual of up to $1,100.

 

False or misleading information

Section 145 of the Electoral Funding Act 2018 (NSW) deals with the provision of false and misleading information, with maximum penalties of imprisonment of up to 2 years and/or a fine of up to $44,000.

 

WHAT ARE OTHER PENALTIES FOR POLITICAL DONATION CRIMINAL OFFENCES

Other penalties available for a conviction of political donation criminal offences include an Intensive Corrections Order (ICO), Community Corrections Order (CCO), Community Release Order (CRO) and a Fine.

 

CAN I GET BAIL FOR A POLITICAL DONATION CRIMINAL OFFENCE?

Yes, you may be granted bail whilst your criminal matter is in progress. Our expert bail lawyers at Criminal Lawyers Group were awarded the best law firm in Australia for securing bail for our clients who have been charged with serious criminal offences.

 

ICAC OPERATION ROSNY INQUIRY UNDER WAY

The ICAC is investigating allegations concerning people associated with the Liberal Party of Australia (NSW Division), the CEO of Catholic Schools NSW Dallas McInerney and hotelier Michael O’Hara.

The public inquiry has concluded its first week and is expected to run for a total of approximately 8 weeks.

The allegations include conduct which could involve possible offences under Sections 143, 144 and 145 of the Electoral Funding Act 2018 (NSW).

 

CONTACT CRIMINAL LAWYERS GROUP NOW

If you or anyone you know have been accused or charged with a political donation criminal offence, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts, bail and the withdrawal of charges for our clients across NSW who have been charged with political donation criminal offences.