Catchwords:

ELECTIONS – where respondent found to have contravened s 321D(5) of the Commonwealth Electoral Act 1918 (Cth) on three occasions – where primary judge assessed penalties on the basis of there being three contraventions and imposed an aggregate penalty of $40,000 – where appeal sought to challenge the number of contraventions found by the primary judge and quantum of penalty imposed – where hearing of appeal reserved pending determination of Laming v Electoral Commissioner of the Australian Electoral Commission [2025] HCA 31 – where parties wished to make further submissions following the decision in Laming – where parties agreed appeal should be dismissed as to the number of contraventions found by the primary judge in line with the decision in Laming – where the parties nevertheless agreed that the penalty imposed by the primary was manifestly inadequate – where parties jointly submitted an aggregate penalty of $73,280 should be imposed – where theoretical maximum for three contraventions was $79,920 – whether penalty was manifestly inadequate – whether there was a misapplication of principle – no error established – appeal dismissed