Penalties – referendum disclosure

The tables below provide civil and criminal penalties associated with referendum disclosure. The value of a penalty unit is set by section 4AA of the Crimes Act 1914. The value of the penalty unit that applies is determined by the date of the breach or offence.

In addition to the penalties listed below, it is also an offence to provide false or misleading information under section 137 of the Criminal Code Act 1995.

If you have any queries about penalties relating to referendum disclosure, email fad@aec.gov.au or call on 02 6271 4552.

Referendum returns

Offence

Applies to

Maximum civil penalty

Maximum criminal penalty

Failure to provide a referendum return for a referendum entity
s 109E
  • referendum entity

Whichever is higher of:

  • 60 penalty units, or
  • three times the value of the amount of referendum expenditure not disclosed (if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed)

s 109E(1)

Not applicable

Failure to provide a return disclosing gifts to a referendum entity totalling more than the disclosure threshold during a referendum expenditure period
s 109G
  • referendum donor

Whichever is higher of:

  • 60 penalty units, or
  • three times the amount of the value of the gifts not disclosed (if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of the value of the gifts not disclosed)

s 109G(2)

Not applicable
Foreign donation restrictions

Offence

Applies to

Maximum civil penalty

Maximum criminal penalty

Failure to take acceptable action in relation to a foreign donation provided for the purposes of incurring referendum expenditure (offence by gift recipient)
s 109J(1)
  • referendum entity

Whichever is higher of:

  • 200 penalty units, or
  • three times the amount or the value of the gift (if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, or value of the gift)

s 109J(8)

100 penalty units

s 109J(6)

Failure to take acceptable action in relation to a foreign donation provided for the purpose of incurring referendum expenditure (offence by foreign donor)
s 109J(3)
  • donor

Whichever is higher of:

  • 200 penalty units, or
  • three times the amount or the value of the gift (if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, or value of the gift)

s 109J(8)

100 penalty units

s 109J(6)
Referendum expenditure by foreign campaigners

Offence

Applies to

Maximum civil penalty

Maximum criminal penalty

Incurring referendum expenditure, or fundraising amounts for the purposes of incurring referendum expenditure, of $1,000 or more in a financial year
s 109L
  • foreign campaigner

Whichever is higher of:

  • 200 penalty units, or
  • three times the amount of referendum expenditure incurred or fundraised in contravention of the section (if the court can determine the amount, or an estimate of the amount, of referendum expenditure incurred or fundraised)

s 109L(1)

Not applicable
Anti-avoidance

Offence

Applies to

Maximum civil penalty

Maximum criminal penalty

Contravening an anti-avoidance notice relating to sections 109E, 109F, 109G, 109J or 109L
s 109M
  • any person or entity

Whichever is higher:

  • 200 penalty units, or
  • three times the amount (if there is sufficient evidence for the court to determine the amount, or an estimate of the amount) that was not prohibited as a result of the scheme or part of the scheme

s 109M(3)

Not applicable
AEC investigations

Offence

Applies to

Maximum civil penalty

Maximum criminal penalty

Failure to comply with a notice
s 109N
  • Any person

Not applicable

Imprisonment for 6 months, or 10 penalty units, or both

s 109N(5)
Keeping records

Offence

Applies to

Maximum civil penalty

Maximum criminal penalty

Failure to keep records
s 109U
  • Any person subject to a civil penalty provision under Part VIIIA
  • 200 penalty units

s 109U(1)

Not applicable
Updated: 25 May 2023