27Offences related to secure telephone voting

27 Offences related to secure telephone voting

(1) An individual commits an offence if the individual: (a) interferes with a voter while the voter votes by a secure telephone vote; or (b) communicates with a voter who votes by a secure telephone vote about the voter’s vote; or (c) does anything to find out how a voter who votes by a secure telephone vote voted.

Penalty: 5 penalty units.

(2) Subsection (1) does not apply if: (a) the individual is a call centre operator who is assisting the voter to vote; or (b) the individual is permitted under subsection 15(1) to assist the voter to vote; or (c) the individual is providing assistance to the voter through a service referred to in subsection 15(3).

Note 1: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.

Note 2: Other offences related to voting by a secure telephone vote include offences for impersonating any individual with the intention of voting in that other individual’s name: see section 339 of the Act.

(3) If: (a) an individual votes more than once in the same election; and (b) at least one of the votes is by a secure telephone vote; the individual commits a separate offence of strict liability for each of the votes that is by a secure telephone vote.

Penalty: 20 penalty units.

Note 1: This subsection means that each act of voting by a secure telephone vote gives rise to a separate offence but it is not necessary to know which act of voting was the first one and therefore legitimate.

Note 2: It is also an offence to intentionally vote more than once in the same election: see subsection 339(1D) of the Act.