Page:Foreign Interference (Countermeasures) Act 2021.pdf/143

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FOREIGN INTERFERENCE (COUNTERMEASURES)
143


Offences involving directives to politically significant persons

91.—(1) Where a person to whom a directive under Part 5 or 6 is given, without reasonable excuse, contravenes the directive—

(a) the responsible officers of a political party or Part 4 politically significant entity given the directive; or
(b) in any other case, the person given the directive,

commits an offence.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction—

(a) for a prohibited donor directive or an anonymous donations directive—
(i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but
(ii) where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both;
(b) for a political donations fund directive under section 69, to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction;
(c) for a directive under section 71, to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction;
(d) for a transparency directive under section 81, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both;