137Other offences relating to ballot‑papers etc.

137  Other offences relating to ballot‑papers etc.

 (a) impersonate any person for the purpose of securing a ballot‑paper to which the impersonator is not entitled; or

 (b) fraudulently destroy or deface any nomination paper or ballot‑paper; or

 (c) forge any nomination paper or ballot‑paper or utter any nomination paper or ballot‑paper knowing it to be forged; or

 (d) supply ballot‑papers without authority; or

 (e) unlawfully destroy, take or otherwise interfere with ballot‑boxes or ballot‑papers; or

 (f) wilfully vote more than once at the same election; or

 (g) wilfully vote at more than one election; or

 (h) make a statement:

 (i) in any claim, application, return or declaration (not being a statement made by the person in the person’s nomination paper); or

 (ii) in an answer to a question;

under this Act or the regulations that, to his or her knowledge, is false or misleading in a material particular.

 (2) A person must not wilfully deface, mutilate, destroy or remove any notice, list or other document affixed by, or by the authority of, any officer.

 (3) A person must not:

 (a) make a statement in his or her nomination paper that the person knows, or ought reasonably to have known, is false or misleading in a material particular; or

 (b) omit from a statement in his or her nomination paper any matter or thing without which the person knows, or ought to have known, the statement is misleading in a material particular.

 (4) In a prosecution for an offence against subsection (3), if it is material to prove that a person ought reasonably to have known that:

 (a) a statement in his or her nomination paper was false or misleading in a material particular; or

 (b) by omitting from a statement in his or her nomination paper any matter or thing the statement would be misleading in a material particular;

the issue is to be decided having regard to:

 (c) the person’s abilities, experience, qualifications, training and other attributes; and

 (d) the circumstances of the alleged offence.

 (5) In this section, a reference to a nomination paper includes a reference to a *facsimile of a nomination paper.