Electoral Commissioner of Australian Electoral Commission v Wharton (No 3)

In the case of Electoral Commissioner of Australian Electoral Commission v Wharton (No 3), the respondent was involved in civil penalty proceedings brought pursuant to the Commonwealth Electoral Act 1918. The respondent, who was a candidate in a federal election, failed to make certain disclosures as required by sections 304(2) and 309(2) of the Electoral Act. The court had to determine whether these contraventions could be considered the same conduct under section 84(2) of the Regulatory Powers (Standard Provisions) Act 2014. Additionally, the court had to decide on the appropriate penalty to impose on the respondent. The respondent was not present for the hearing and did not file a defence, leading to the application of rule 16.07(2) of the Federal Court Rules 2011, which deemed the allegations admitted.

The court examined whether the conduct merited separate contraventions and penalties and whether the penalty should be half of the maximum. The court found that the conduct was substantially contemporaneous and connected, and imposing a penalty at half the maximum would be to over-penalise the respondent. The court ultimately imposed penalties totalling $10,000, with $5,000 for each contravention. The court also ruled on the respondent's claim that the Electoral Act lacked competency as the respondent was an Aboriginal man, finding that the Electoral Act has lawful application to the respondent. The court ordered the respondent to pay the penalties within 30 days and to pay the applicant's costs of and incidental to the proceeding.

In summary, the court held that the respondent's conduct warranted separate contraventions and penalties, and that imposing half of the maximum penalty would be unjust. The court imposed penalties of $5,000 for each contravention, totalling $10,000, and ordered the respondent to pay the applicant's costs. The court also dismissed the respondent's claim that the Electoral Act lacked competency.