ELECTORAL ACT
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(a) incur election expenses in respect of any matter or in any manner constituting an
offence under this Act or any other law or in respect of any matter or thing payment
for which is prohibited by this Act or such law; or
(b) receive any payment or be a party to any contract for payment, whether before, during
or after an election—
(i) for any of the matters specified in paragraph (a); or
(ii) to a voter on account of the use of any premises for the exhibition of any
address, bill, poster or notice or on account of the exhibition of any address,
bill, poster or notice.
(2) Subparagraph (ii) of paragraph (b) of subsection (1) shall not apply in respect of any
payment or contract made in the ordinary course of business to or with a voter whose ordinary
business it is as an advertising agent to exhibit bills and advertisements for payment.
(3) Any person who contravenes subsection (1) shall be guilty of an illegal practice and
liable to a fine not exceeding level five or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.
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Unauthorised election expenses
Any person who, without the express or implied authority of a candidate or his or her
election agent, incurs election expenses in relation to that candidate shall be guilty of an illegal
practice and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and such imprisonment.
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Penalty for providing money for payments contrary to this Act
Any person who knowingly provides money—
(a) for any payment which is contrary to this Act; or
(b) for any election expenses in excess of the maximum amount allowed by this Act; or
(c) for replacing any money expended in any such payment or expenses, except where the
same is allowed under this Act to be an exception;
shall be guilty of an illegal practice and liable to a fine not exceeding level six or to
imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
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Certain employment prohibited
(1) No person shall, for the purpose of promoting or procuring the election of a candidate at
an election, engage or employ any other person for payment or promise of payment for any
purpose or in any capacity whatever for which election expenses may not be incurred.
(2) Any person who engages or employs another person in contravention of subsection (1)
shall be guilty of an illegal practice, and the person so engaged or employed shall also be guilty
of an illegal practice if he or she knew that he or she was engaged or employed in contravention
of subsection (1).
(3) Any person guilty of an illegal practice in terms of this section shall be liable to a fine
not exceeding level five or to imprisonment for a period not exceeding six months or to both
such fine and such imprisonment.
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Corrupt procurement of candidate
(1) Any person who corruptly induces or procures any other person to become a candidate
or to withdraw from being a candidate at an election in consideration of any payment or promise
of any nature shall be guilty of an illegal practice and any person who becomes a candidate or
withdraws from being a candidate in pursuance of such inducement or procurement shall also be
guilty of an illegal practice:
Provided that this section shall not apply to any payment or promise of payment of election
expenses.
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