28Offence for destroying or interfering with voting hardware or software

28 Offence for destroying or interfering with voting hardware or software

(1) An individual commits an offence if: (a) the individual destroys or interferes with: (i) a computer program; or (ii) a data file; or (iii) an electronic device; and (b) the program, file or device is used, or intended to be used, for or in connection with voting by a secure telephone vote.

Penalty: 50 penalty units.

(2) Subsection (1) does not apply if the individual is an officer acting in the course of the officer’s duties.

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