Document ID: chunk:federal_register_of_legislation:C2025A00016:clause:4_302ana
Version: federal_register_of_legislation:C2025A00016
Segment Type: clause
Provision Reference: sch 4 cl 302ANA
Character Range: 189827–191260

302ANA   Independent House of Representatives cap
 (1) A person contravenes this subsection if:
 (a) at a time in a calendar year, the person:
 (i) is an Independent House candidate or member for a Division; and
 (ii) incurs particular electoral expenditure; and
 (b) as at the time (and including the particular expenditure), total electoral expenditure incurred in the year by the person, while the person is an Independent House candidate or member for the Division, exceeds the Independent House of Representatives cap.
Note: See Subdivision G for expenditure that does not count towards the cap, and for an exception for acceptable expenditure action. In addition, section 95 of the Regulatory Powers Act deals with mistake of fact.
 (2) For the purposes of this section, the excess amount of the particular expenditure is:
 (a) unless paragraph (b) of this subsection applies—the amount of the particular expenditure; or
 (b) if, immediately before the particular expenditure was incurred, total electoral expenditure incurred as mentioned in paragraph (1)(b) was less than the Independent House of Representatives cap—so much of the particular expenditure as results in total expenditure exceeding that cap.
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
The higher of the following:
 (a) 1,000 penalty units;
 (b) 3 times the excess amount of the particular expenditure.