58. What sanctions are provided for political finance infractions?

22 (1) A political party or a candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate) who receives any political donation from a foreign government, intergovernmental or non-governmental organisation, or multilateral agency, commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years, or to both.
(2) Subject to subsection (6), any person who is a Fijian citizen or a former Fijian citizen shall not make any political donation to a political party or to a candidate for election to Parliament (or to any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or to any person on behalf of the candidate) of an amount exceeding $10,000 in any one year (whether to one or more registered political parties or candidates).
(3) Any person who is not a Fijian citizen or a former Fijian citizen, shall not make a political donation to any political party or candidate for election to Parliament.
(4) A person who contravenes subsections (2) or (3) commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years, or to both.
(5) A political party or a candidate for election to Parliament (or any person on behalf of the political party who is involved in the administration of the affairs of the political party including any office holder of the political party, or any person on behalf of the candidate) who receives a political donation from any person who is not a Fijian citizen or former Fijian citizen, or receives a political donation exceeding $10,000 from a Fijian citizen or a former Fijian citizen, commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years, or to both, and in addition to the penalty imposed by this Act, forfeit that amount to the State.

(13) Any person who contravenes subsections (7), (8), (9), (10) and (11) commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years, or to both.

23 (4) A political party that fails to comply with subsection (1) is liable to a penalty of $100 for each day the non-compliance continues, and if the political party is still non-compliant after 30 days, the Registrar must deregister the political party.

24 (5) Any person who fails to comply with the requirements of subsections  (1), (1A), (1B), (2), (2A) or (2B), or provides any information that is false, commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years or to both.

25(2)Notwithstanding any other penalty provided in this Act or in any other written law, the Registrar shall deregister a political party which—
• (a)fails to comply with this section; or
• (b)submits a statement which is false in any material particulars.

26 (5) An auditor who provides a falsely audited account commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years or to both.

26A (3) Any person who, having been lawfully required under this section to disclose any information or documents to the Registrar under subsection (2) shall, notwithstanding the provisions of any other law on confidentiality, privilege or secrecy, comply with such direction and any such person who fails to comply with the directions of the Registrar or provides information that is false, commits an offence and shall be liable upon conviction—
(a)in the case of a natural person, to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or to both; and
(b)in the case of a company, association or body of persons, Government department, non-governmental organisation, Statutory Authority or entity, to a fine not exceeding $500,000 and for the Director, Chief Executive Officer, Minister, Manager or officer in charge for the time being, to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or to both.

27 (1) A person who—
• (a)fails to furnish particulars or information required to be furnished by a political party or by him or her under this Act;
• (b)makes a statement which he or she knows to be false or which he or she has no reason to believe to be true; or
• (c)recklessly makes a false statement under this Act,
commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.
(2) Where a political party commits an offence under this Act, every office holder of that political party shall also be deemed to have committed the offence.
(3) Where an offence under this Act is committed by a body of persons other than a political party—
• (a)in the case of a body corporate other than a partnership, every director and the secretary of the body corporate shall also be deemed to have committed the offence; and
• (b)in the case of a partnership, every partner shall be deemed to have committed the offence.
(4) A person does not commit an offence under subsection (1) or (2) if that person proves to the satisfaction of the court that he or she exercised due diligence to prevent the commission of that act as he or she ought to have exercised, having regard to all the circumstances.
(5) Where a political party commits an offence under this Act, the Registrar shall have the power to—
• (a)issue a warning and require the political party to conform to this Act within a specified period; or
• (b)suspend the registration of the political party for a period not exceeding 12 months.
(6) Notwithstanding subsection (5), a person who is a member of a political party that has been suspended and is a member of Parliament, shall continue as a member of Parliament for the unexpired term.

Source: Sections 22, 23, 24, 25,  26A, 27, Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Act 2021.

114(1)  During the campaign period, it shall be unlawful for political parties, candidates and their representatives, either personally or through other persons, to give or offer to any citizen money, gifts, material goods of any value (except for campaign material) or services free of charge, to sell goods or services to persons at a preferential price, or to promise to provide any monetary fund, gift, material goods or services of any value for the purpose of gaining or influencing votes.
(2) Any person who contravenes this section commits an offence and shall be liable upon conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.

116 116 (3) Any political party, any candidate for election to Parliament and any person representing, or acting under the direction of, any political party or any candidate must not
(h) coerce or offer monetary or other kinds of direct inducements to persons to vote for or against a particular party or candidate, or to abstain from voting
(j) procure the support or assistance of any election official or public servant to promote or hinder the election of a candidate

5) Any person who contravenes subsections (3) or (4) commits an offence and shall be liable upon conviction
to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 10 years, or to both.
Source: Sections 114, 116 ,Electoral Act 2014, Amended 2021