Part 13Offences

Part 13—Offences Division 1—Bribery, undue influence etc 109—Bribery (1) A person must not offer or solicit an electoral bribe. Maximum penalty: Imprisonment for 7 years. bribe does not include a declaration of public policy or a promise of public action; electoral bribe means a bribe for the purpose of— (a) influencing the vote of an elector; or (b) influencing the candidature of any person in an election; or (c) otherwise influencing the course or result of an election. 110—Undue influence A person must not, by violence or intimidation, influence or attempt to influence— (a) the vote of an elector; or (b) the candidature of any person in an election; or (c) the course or result of an election. Maximum penalty: Imprisonment for 7 years. 111—Interference with political liberty A person must not hinder or interfere with the free exercise or performance, by any other person, of a right or duty under this Act. Maximum penalty: Imprisonment for 1 year. Division 2—Electoral advertisements, commentaries and other material 112—Publication of electoral advertisements, notices etc (1) A person must not publish or distribute, or cause or permit to be published or distributed, an electoral advertisement in printed form or through electronic publication on the Internet unless— (a) the name (being the name by which the person is usually known) and address (not being a post office box) of the author of the advertisement, or the person who authorised its publication, appears at the end; and (ab) if the advertisement is authorised for a registered political party or a candidate endorsed by a registered political party—the party's name or, if the Register of Political Parties includes an abbreviation of the party's name, that abbreviation appears at the end; and (ac) if the advertisement is authorised for a relevant third party—the relevant third party's name appears at the end. (1a) Despite subsection (1)(a), an advertisement authorised by a candidate who is not endorsed by a registered political party may, with the approval of the Electoral Commissioner, include a post office box address for the candidate (instead of a street address) at the end if the suburb in which the candidate resides is also included at the end of the advertisement. (2) Subsection (1) does not apply in relation to— (a) a car sticker, T-shirt, lapel button, lapel badge, pen, pencil or balloon; or (b) an article included in a prescribed class of articles. relevant third party means an organisation or other person, other than a registered political party, candidate or natural person, who— (a) as at the day of publication of the advertisement to which subsection (1)(ac) relates, intends to spend more than $2 000 on electoral advertisements— (i) if the advertisement is published in an election period—during that election period; or (ii) in any other case—during the election period for the next general election due to occur; or (b) spent more than $2 000 on electoral advertisements during the election period for the general election immediately preceding the day of publication of the advertisement to which subsection (1)(ac) relates. 112A—Special provision relating to how‑to‑vote cards (1) During the election period for an election, a person must not distribute, or cause or permit to be distributed, a how‑to‑vote card unless— (a) the name (being the name by which the person is usually known) and address (not being a post office box) of the person who authorised the card appears at the bottom of the card; and (b) if the card is authorised— (i) for a registered political party or a candidate endorsed by a registered political party—the party's name or, if the Register of Political Parties includes an abbreviation of the party's name, that abbreviation; or (ii) for a candidate who is not endorsed by a registered political party—the candidate's name and the word "candidate", is stated on the card in accordance with any requirements prescribed by the regulations; and (c) the card— (i) has substantially the same appearance as a how‑to‑vote card that— (A) has been submitted for inclusion in posters under section 66; or (B) has been lodged with the Electoral Commissioner no later than 12 noon on the day falling 8 days before polling day; or (ii) is a compilation of more than 1 how‑to‑vote card of a kind referred to in subparagraph (i) (provided that those how‑to‑vote cards relate to different electoral districts). (1a) Despite subsection (1)(a), a how‑to‑vote card authorised by a candidate who is not endorsed by a registered political party may, with the approval of the Electoral Commissioner, include a post office box address for the candidate (instead of a street address) at the bottom of the card if the suburb in which the candidate resides is also included at the bottom of the card. (2) A how‑to‑vote card lodged with the Electoral Commissioner under subsection (1)(c)(i)(B) must— (a) be lodged in a manner determined by the Electoral Commissioner; and (b) comply with any requirements prescribed by the regulations. (3) If a how‑to‑vote card is lodged with the Electoral Commissioner under subsection (1)(c)(i)(B) by or on behalf of a candidate, no further how‑to‑vote card may be lodged in relation to the same election by or on behalf of that candidate. (4) If a how‑to‑vote card is submitted to the Electoral Commissioner by or on behalf of a candidate in accordance with section 66 (the initial submitted how‑to‑vote card), any how‑to‑vote card that— (a) is subsequently lodged with the Electoral Commissioner under subsection (1)(c)(i)(B) or distributed in relation to the same election; and (b) relates to the candidate; and (c) is authorised by or for the candidate or a registered political party of which the candidate is a member, must have substantially the same appearance as the initial submitted how‑to‑vote card. (5) A person who distributes a how‑to‑vote card in contravention of subsection (4) is guilty of an offence. (5a) If the Electoral Commissioner is satisfied that a how‑to‑vote card has been distributed in contravention of this section, the Electoral Commissioner may request that the person who authorised the card do either or both of the following: (a) immediately cease distributing, or causing or permitting the distribution of, the how‑to‑vote card; (b) publish a retraction in specified terms and a specified manner and form, (and in proceedings for an offence against this section arising from the distribution of the how‑to‑vote card, the authorised person's response to a request under this subsection will be taken into account in assessing any penalty to which the person may be liable). (6) For the purposes of this section, how‑to‑vote cards will be taken to have substantially the same appearance if the cards are identical except for— (a) the size or shape of the cards; or (b) the fonts used in the cards; or (c) the material or medium on which the cards are printed or published; or (d) the manner in which the cards suggest that a voter indicate the order of preference for candidates on the ballot paper; or (da) in the case of how‑to‑vote cards distributed in accordance with subsection (7a)—the name and address of the person who authorised the cards and the name or abbreviation of the registered political party not appearing at the bottom of the cards; or (e) any other matter prescribed by the regulations for the purposes of this subsection. (7) Despite subsection (6), a how‑to‑vote card distributed by or on behalf of a candidate (the relevant candidate) will be taken not to have substantially the same appearance as— (a) the relevant candidate's initial submitted how‑to‑vote card (if any); or (b) a how‑to‑vote card lodged under subsection (1)(c)(i)(B) by or on behalf of the relevant candidate, if— (c) the distributed how‑to‑vote card indicates that the first preference vote should be given to a different candidate from the relevant candidate or any other candidate indicated as a candidate to whom a first preference vote should be given on a how‑to‑vote card referred to in paragraph (a) or (b); and (d) the relevant candidate has not given written notice at least 8 days before the card is distributed and in accordance with any other requirements of the regulations to the candidate to whom the distributed how‑to‑vote card indicates that the first preference vote should be given. (7a) Subsection (1)(a) and (b) do not apply to how‑to‑vote cards forming part of electoral material distributed by or on behalf of a registered political party that displays more than 1 how‑to‑vote card lodged by or on behalf of the party if— (a) the name (being the name by which the person is usually known) and address (not being a post office box) of the person who authorised the material appears at the end of the material; and (b) the party's name or, if the Register of Political Parties includes an abbreviation of the party's name, the abbreviation appears at the end of the material. distribute a how‑to‑vote card includes make the card available (including in electronic form) to other persons; how‑to‑vote card includes any material that has the appearance of a how‑to‑vote card (whether published on its own or as part of any other material). 112B—Certain descriptions not to be used (1) A person must not publish or distribute an electoral advertisement or a how‑to‑vote card that identifies a candidate— (a) by reference to the registered name of a registered political party or a composite name consisting of the registered names of 2 registered political parties; or (ab) by use of the word or a set of words containing the word "Independent" and— (i) the name, or an abbreviation or acronym of the name, of a parliamentary party or a registered political party; or (ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a registered political party that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym; or (b) by the use of a word or set of words that could not be, or may not be able to be, registered as the name, or as part of the name, of a political party under Part 6 because of the operation of section 42(3)(b), unless— (c) the candidate is endorsed by the relevant parliamentary party or registered political party (as the case may be); or (d) the relevant parliamentary party or registered political party has consented to the use of the relevant name or names or word or words (as the case may be). (1a) A person must not publish or distribute an electoral advertisement or a how-to-vote card that identifies a candidate by use of the word "Independent" if the candidate is endorsed by a registered political party. (2) Subsections (1) and (1a) apply to publication by any means (including radio or television). (3) Subsections (1) and (1a) do not prevent the publication of background information, a personal profile, or a declaration of policy, by or in relation to a candidate. distribute an electoral advertisement or how‑to‑vote card includes make the relevant advertisement or how‑to‑vote card available (including in electronic form) to other persons. 113—Misleading advertising (1) This section applies to advertisements published by any means (including radio or television). (2) A person who authorises, causes or permits the publication of an electoral advertisement (an advertiser) is guilty of an offence if the advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent. (b) if the offender is a body corporate—$25 000. (3) However, it is a defence to a charge of an offence against subsection (2) to establish that the defendant— (a) took no part in determining the content of the advertisement; and (b) could not reasonably be expected to have known that the statement to which the charge relates was inaccurate and misleading. (4) If the Electoral Commissioner is satisfied that an electoral advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Electoral Commissioner may request the advertiser to do one or more of the following: (b) publish a retraction in specified terms and a specified manner and form, (and in proceedings for an offence against subsection (2) arising from the advertisement, the advertiser's response to a request under this subsection will be taken into account in assessing any penalty to which the advertiser may be liable). (5) If the Supreme Court is satisfied beyond reasonable doubt on application by the Electoral Commissioner that an electoral advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Court may order the advertiser to do one or more of the following: (b) publish a retraction in specified terms and a specified manner and form. 114—Heading to electoral advertisements (1) This section applies to the publication of electoral matter in written form in— (a) a journal; or (b) an electronic publication on the Internet, if payment or other consideration has been, or is to be, given for publication of the matter (whether the journal or electronic publication is published for sale or for distribution without charge). (2) If this section applies to the publication of electoral matter, the publisher of the matter must cause the word "advertisement" to be included as a headline to each article or paragraph containing the electoral matter— (a) in the case of matter published in a journal—in letters not smaller than 10 point or long primer; or (b) in the case of matter published in an electronic publication—in letters of a size that will be readily legible. (a) if the offender is a natural person—$1 250; (b) if the offender is a body corporate—$5 000. journal means a newspaper, magazine or other periodical. 115—Limitations on display of electoral advertisements (1) A person must not exhibit an electoral advertisement on— (a) a vehicle or vessel; or (b) a building, hoarding or other structure, if the advertisement occupies an area in excess of 1 square metre. (2) For the purposes of subsection (1), electoral advertisements— (a) that are apparently exhibited by or on behalf of the same candidate or political party; and (b) that are at their nearest points within 1 metre of each other, will be taken to form a single advertisement. (2a) A person must not exhibit an electoral advertising poster on a public road or road‑related area (including any structure, fixture or vegetation on a public road or road‑related area). (2b) Subsection (2a) does not apply to the exhibition of— (a) an electoral advertising poster by a person holding the electoral advertising poster (either directly in their hands or by holding an implement or device to which the poster is attached); or (b) an electoral advertising poster that— (i) is not attached to a building, hoarding or other structure or fixture on a public road or road related area; and (ii) is exhibited at, or in the vicinity of, a place at which a designated event or activity is being held; and (iii) is exhibited immediately before, during or immediately after the designated event or activity, provided that the electoral advertising poster is not exhibited at, or in the vicinity of, the place for more than 6 hours; or (c) an electoral advertising poster— (i) of a kind prescribed by regulation; or (ii) in circumstances prescribed by regulation. (3) Subsection (1) does not apply to— (a) the exhibition of an advertisement in a theatre (including a drive-in theatre) by means of a cinematograph; or (b) the exhibition of the name of a candidate or the name of a political party (or both) at or near an office or room, where— (i) the name is so exhibited in order to indicate that the office or room is an office or committee room of that candidate or political party; and (ii) the place of exhibition is more than 100 metres from the entrance to a polling booth; or (c) the exhibition of an advertisement of a prescribed kind or the exhibition of an advertisement in circumstances of a prescribed kind. designated event or activity means— (a) an assembly within the meaning of the Public Assemblies Act 1972; or (b) an organised gathering, meeting, function or event relating to an election; or (c) a person canvassing for votes relating to an election; or (d) any other gathering, meeting, function or event, or class of gathering, meeting, function or event, prescribed by the regulations; electoral advertising poster means a poster, notice or sign displaying an electoral advertisement; public road means a road within the meaning of the Road Traffic Act 1961; road‑related area has the same meaning as in the Road Traffic Act 1961. 115A—Automated political calls (a1) A designated entity, or a person acting on behalf of a designated entity, must not make, or cause or permit the making of, a call by way of telephone (including associated technology) containing regulated content. (1) Without limiting subsection (a1), a person who makes, or causes or permits the making of, a call by way of telephone (including associated technology) consisting of a pre-recorded electoral advertisement must ensure that, immediately after that part of the call consisting of the advertisement, the following statements are made: (a) the name and address (not being a post office box) of the person who is making, or who authorises the making of, the call; (b) if the call is authorised for a relevant third party—the name of the relevant third party. designated entity means— (a) a political party registered under Part 6 or under a law of the Commonwealth or another State or a Territory relating to the registration of political parties; or (b) a candidate or group standing for election to the Parliament of South Australia or any other Australian Parliament; or (c) a member of the Parliament of South Australia or any other Australian Parliament; regulated content means— (a) a pre‑recorded message containing material relating to a State election; or (b) an automated opinion poll, or other research, relating to a State election or the voting intentions of electors conducted using computer scripts (rather than by an individual); relevant third party means an organisation or other person, other than a designated entity or an individual, who— (a) as at the day on which the call to which subsection (1) relates is made, intends to spend more than $2 000 on electoral advertisements— (i) if the call is made in an election period—during that election period; or (ii) in any other case—during the election period for the next general election due to occur; or (b) spent more than $2 000 on electoral advertisements during the election period for the general election immediately preceding the day on which the call to which subsection (1) relates is made. 115B—Certain artificially generated electoral advertisements prohibited (1) A person must not distribute, or cause or permit to be distributed, an artificially generated electoral advertisement that contains a depiction of a simulated person performing an act that the real person depicted in the depiction did not perform. (2) It is a defence to a charge of an offence against this section to prove that— (a) the distribution of the artificially generated electoral advertisement containing a depiction of a simulated person occurred with the written consent of each real person depicted in the depiction; or (b) the defendant— (i) took no part in determining the content of the artificially generated electoral advertisement; and (ii) could not reasonably be expected to have known that the artificially generated electoral advertisement contravened subsection (1). (3) No offence is committed against this section by the Electoral Commissioner or a legal practitioner, or their agent, acting in the course of official duties or legal proceedings. (4) An apparent consent will not be an effective consent for the purposes of this section if— (a) given by a person who is under the age of 17 years or with a cognitive impairment (within the meaning of Part 5A of the Summary Offences Act 1953); or (b) obtained from a person by duress or deception. artificially generated electoral advertisement means an electoral advertisement containing audiovisual, visual or audio content that— (a) is generated wholly by artificial intelligence; or (b) is created or altered by use of technology of a prescribed kind; depiction includes an audiovisual, visual or audio depiction of a real person; distribute has the same meaning as in Part 5A of the Summary Offences Act 1953; simulated person means a person depicted in an artificially generated electoral advertisement that— (a) purports to be a depiction of a particular real person; or (b) so closely resembles a depiction of a particular real person that a reasonable person who knew the real person would consider it likely to be a depiction of the real person. 115C—Prescribed artificially generated electoral advertisements to include certain statements (1) A person must not distribute, or cause or permit to be distributed, a prescribed artificially generated electoral advertisement unless the advertisement contains a statement that it is a prescribed artificially generated electoral advertisement and that complies with the following: (a) in the case of a statement that contains audio content—the statement must be spoken so that it is clearly audible and intelligible, in the same language as the other content of the advertisement, at the beginning or end of the advertisement and for a duration of at least 3 seconds; (b) in the case of an advertisement that contains audiovisual content—the statement must— (i) be spoken so that it is clearly audible and intelligible, in the same language as the other content of the advertisement, at the beginning or end of the advertisement and for a duration of at least 3 seconds; and (ii) be displayed so that it is clearly legible, in the same language as the other content of the advertisement, for the duration of the advertisement and in accordance with any other requirements prescribed by the regulations; (c) in any other case—the statement must be displayed so that— (i) it is clearly legible and is in the same language as the other content of the advertisement; and (ii) if the advertisement is of a limited duration—it appears for the duration of the advertisement; and (iii) it complies with any other requirements prescribed by the regulations. depiction includes an audiovisual, visual or audio depiction of a real person; distribute has the same meaning as in Part 5A of the Summary Offences Act 1953; prescribed artificially generated electoral advertisement means an electoral advertisement containing audiovisual, visual or audio content that— (a) is generated wholly by artificial intelligence; or (b) is created or altered by use of technology of a prescribed kind. 115D—Withdrawal etc of certain advertisements (1) If, on application, the Electoral Commissioner is satisfied that an artificially generated electoral advertisement or prescribed artificially generated electoral advertisement contravenes a provision of section 115B or 115C (as the case may be), the Electoral Commissioner may request the person who distributed, or caused or permitted to be distributed, the advertisement to do 1 or more of the following: (b) publish a statement relating to the contravention in specified terms and a specified manner and form, (and in proceedings for an offence against section 115B or 115C arising from the advertisement, a person's response to a request under this subsection will be taken into account in assessing any penalty to which the person may be liable). (2) If the Supreme Court is satisfied beyond reasonable doubt on application by the Electoral Commissioner that an artificially generated electoral advertisement or prescribed artificially generated electoral advertisement contravenes a provision of section 115B or 115C (as the case may be), the Court may order the person who distributed, or caused or permitted to be distributed, the advertisement to do one or more of the following: (b) publish a statement relating to the contravention in specified terms and a specified manner and form. 116—Published material to identify person responsible for political content (1) A person must not, during an election period, publish material consisting of, or containing a commentary on, any candidate or political party, or the issues being submitted to electors, in written form, or by radio or television, unless the material or the programme in which the material is presented contains a statement of the name and address (not being a post office box) of a person who takes responsibility for the publication of the material. (a) if the offender is a natural person—$1 250; (b) if the offender is a body corporate—$5 000. (1a) Despite subsection (1), material or a programme for which a candidate who is not endorsed by a registered political party is responsible may, with the approval of the Electoral Commissioner, include a post office box address for the candidate (instead of a street address) if the material or programme also contains a statement of the suburb in which the candidate resides. (2) This section does not apply to— (a) the publication in a journal of a leading article; (b) the publication of a report of a meeting that does not contain any comment (other than comment made by a speaker at the meeting) on any candidate, or political party, or the issues being submitted to electors; (c) the publication in a journal of an article, letter, report or other matter if the journal contains a statement to the effect that a person whose name and address (not being a post office box) appears in the statement takes responsibility for the publication of all electoral matter published in the journal; (ca) the publication of a letter (otherwise than as described in paragraph (c)) that contains the name and address (not being a post office box) of the author of the letter; (d) a news service or a current affairs programme on radio or television; (e) any other prescribed material or class of material. journal means a newspaper, magazine or other periodical. 116A—Evidence In proceedings for an offence against this Division— (a) an electoral advertisement that includes a statement that its publication was authorised by a specified person; or (c) material consisting of, or containing, a commentary on a candidate or political party, or the issues being submitted to electors, that includes a statement that a specified person takes responsibility for the publication of the material; or (d) an apparently genuine document purporting to be a certificate of the Electoral Commissioner certifying that the Electoral Commissioner made a request for— (i) the withdrawal of a misleading advertisement or the publication of a retraction under section 113; or (ii) the withdrawal of an artificially generated electoral advertisement or prescribed artificially generated electoral advertisement, or the publication of a statement under section 115D, is, in the absence of proof to the contrary, proof of that fact. Division 3—Offences related to the conduct of an election 117—Candidates not to take part in elections (1) A person must not take part in the conduct of an election in which he or she is a candidate for election. 118—Persons present at polling (1) No person (other than officers, scrutineers and the electors voting or about to vote) may be present in a polling booth during polling except by permission of the presiding officer. (2) A person who is present in a polling booth in contravention of subsection (1) may be removed by a member of the police force, or a person authorised by the presiding officer to remove him or her. 119—Maintenance of order at and near places for voting and counting centres (a) obstruct the access or approaches to a designated place; or (b) obstruct or unnecessarily delay the proceedings at a designated place; or (c) behave in a disorderly manner at or in the immediate vicinity of a designated place. (2) An authorised officer may give such directions as are necessary to maintain order at an election or at or in the immediate vicinity of a designated place. (3) A person who contravenes a direction given under subsection (2) is guilty of an offence. (4) A person who contravenes subsection (1) or a direction given under subsection (2) (including a candidate or scrutineer) may be removed from a designated place and the immediate vicinity of the designated place by an authorised officer. (5) A person who has been removed from a designated place and the immediate vicinity of the designated place by an authorised officer and who re-enters the designated place or its immediate vicinity without the permission of an authorised officer is guilty of a further offence. Maximum penalty: $10 000 or imprisonment for 1 year. authorised officer means— (a) a police officer; or (b) the Electoral Commissioner; or (c) a person authorised by the Electoral Commissioner; or (d) the presiding officer at a polling booth; designated place means— (a) a place where polling is being conducted under this Act (including a place where declaration votes are being issued); or (b) a counting centre; or (c) any other place designated by the Electoral Commissioner on a website maintained by the Electoral Commissioner. 120—Secrecy of vote (1) A person must not, by clandestine or dishonest means, attempt to discover how a voter voted. Maximum penalty: $1 250 or imprisonment for 3 months. (2) No person may open an envelope containing a declaration ballot paper except the returning officer to whom it is addressed, or an officer acting with the authority of that returning officer. 121—Conduct of officers, scrutineers etc (1) An officer must not solicit the vote of an elector or take part in a campaign for the election of a particular candidate or of candidates of a particular political party. (2) An officer or scrutineer must not attempt to influence the vote of an elector. (3) An officer or scrutineer must not wear or display in a polling booth any badge or emblem of a candidate or political party. (4) An officer or other person who acquires knowledge of the vote of an elector through assisting the elector to vote, or otherwise in the exercise of powers or functions under this Act, must not divulge that knowledge. (5) An officer or other person must not mark a ballot paper so as to make possible identification of the voter. (6) An officer must not fail, without proper excuse, to carry out his or her official duties in connection with the conduct of an election. 122—Cards in polling booth (1) A person must not, except as authorised by this Act, wilfully exhibit or leave in any polling booth any card or paper with any direction or instruction as to how an elector should vote or as to the method of voting. (2) This section does not apply to any official instructions exhibited by proper authority at any polling booth. 123—Witnessing electoral papers (a) sign his or her name as witness on any electoral paper unless it has been signed by the person whose signature he or she purports to witness; or (b) sign his or her name as witness on any electoral paper unless he or she has seen the person, whose signature he or she purports to witness, sign it; or (c) write on any electoral paper as his or her own name— (i) the name of another person; or (ii) any name not being his own name. electoral paper includes any prescribed form. 124—Other offences relating to ballot papers etc (a) exercise or attempt to exercise a vote to which he or she is not entitled; or (b) vote more than once at the same election; or (c) make a statement in any claim, application, return or declaration, or in answer to a question, under this Act that is, to his or her knowledge, false or misleading in a material respect. (2) It is a defence to a charge of an offence against subsection (1)(a) or (b) to prove that acts alleged to constitute the offence arose from an honest misunderstanding or mistake on the part of the defendant. (2a) A person to whom a ballot paper is issued at a polling booth for the purpose of voting at the booth must not remove the ballot paper from the booth. (3) Except as authorised by this Act, a person (not being an elector to whom the ballot paper has been lawfully issued) must not mark a vote, or make any other mark or writing on a ballot paper. (4) A person must not, without proper authority, destroy or interfere with voting papers. (5) A person must not wilfully deface, mutilate, destroy or remove any notice, list or other document affixed by any district returning officer. 125—Prohibition of canvassing near polling booths (1) When a polling booth is open for polling, a person must not— (a) canvass for votes; or (b) solicit the vote of any elector; or (c) induce an elector not to vote for a particular candidate; or (d) induce an elector not to vote at the election; or (e) exhibit a notice or sign (other than an official notice) relating to the election, at an entrance of, or within, the polling booth, or in any public or private place within 6 metres, or such lesser distance as may be fixed in a particular case by the presiding officer, of an entrance to the booth. (1a) Notwithstanding any other provision in this Act, but without limiting subsection (1)(e) and subject to subsection (1b), the following provisions apply to the exhibition of electoral advertising posters within 50 metres of an entrance to a polling booth open for polling: (a) in relation to a House of Assembly election—an electoral advertising poster may only be exhibited within 50 metres of an entrance to a polling booth for a district open for polling if— (i) it is exhibited by or with the consent of a candidate for election as the member returned for a district; and (ii) no more than 12 electoral advertising posters are exhibited by or with the consent of the candidate within 50 metres of an entrance to the polling booth; (b) in relation to a Legislative Council election—an electoral advertising poster may only be exhibited within 50 metres of an entrance to a polling booth open for polling if— (i) it is exhibited— (A) in the case of a group of candidates—by a member of the group or with the consent of the member of the group whose name on the ballot paper is at the top of the group; or (B) in the case of any other candidate—by or with the consent of the candidate; and (ii) — (A) in the case of a group of candidates—no more than 12 electoral advertising posters are exhibited by a member of the group or with the consent of the member of the group whose name on the ballot paper is at the top of the group within 50 metres of an entrance to the polling booth; or (B) in the case of any other candidate—no more than 12 electoral advertising posters are exhibited by or with the consent of the candidate within 50 metres of an entrance to the polling booth. (1b) An electoral advertising poster exhibited under subsection (1a) must comply with any requirements prescribed by the regulations. (1c) If an electoral advertising poster exhibited by or with the consent of a candidate contravenes subsection (1a) or (1b), the candidate is guilty of an offence. (1d) If an electoral advertising poster exhibited by a member of a group or with the consent of the member of the group whose name on the ballot paper is at the top of the group contravenes subsection (1a) or (1b), the member whose name on the ballot paper is at the top of the group is guilty of an offence. (1e) If an electoral advertising poster is exhibited within 50 metres of an entrance to a polling booth open for polling without the consent of a candidate or group required under subsection (1a), the person who authorised the exhibition of the poster is guilty of an offence. (1f) Despite subsections (1c) to (1e), if the Electoral Commissioner is satisfied that a person has contravened subsection (1c), (1d) or (1e), the Electoral Commissioner may give the person a written formal caution against further such contraventions. (1g) Subject to subsection (1h), if the Electoral Commissioner gives a person a written formal caution under subsection (1f), no further proceedings may be taken against the person for the contravention in relation to which the person was cautioned. The presiding officer at a polling booth may (under subsection (1i)) direct or cause the removal of an electoral advertising poster exhibited in contravention of this section (whether a written formal caution is given in relation to the contravention or otherwise). (1h) If, in relation to an electoral advertising poster exhibited in contravention of subsection (1c), (1d) or (1e)— (a) a person given a direction by a presiding officer under subsection (1i) to remove the poster fails to comply with a direction; and (b) the person is also given a written formal caution under subsection (1f) in respect of the contravention; and (c) the failure to comply with the direction continues after the person is given the written formal caution, nothing prevents criminal or civil proceedings from being taken against the person in relation to the contravention. (1i) If the presiding officer at a polling booth is satisfied that an electoral advertising poster is exhibited in contravention of this section, the presiding officer may direct any of the following persons to remove the poster or cause it to be removed within a period specified by the presiding officer (which must be reasonable): (a) the person who exhibited the poster; (b) in the case of a poster exhibited by or with the consent of— (i) a candidate endorsed by a registered political party—the candidate or the registered officer of the party; or (ii) any other candidate—the candidate; (c) in the case of a poster exhibited by or with the consent of— (i) a group endorsed by a registered political party—a member of the group or the registered officer of the party; or (ii) any other group—a member of the group; (d) any other person the presiding officer considers appropriate to be directed to remove the poster. (1j) If a direction of a presiding officer is not complied with within the specified period of time, the presiding officer may cause the electoral advertising poster to which the direction relates to be removed. (1k) Section 115(2a) does not apply to the exhibition of an electoral advertising poster on a public road or road‑related area (including any structure, fixture or vegetation on a public road or road‑related area) in accordance with subsection (1a) and (1b). (a) a building used as a polling booth is situated in grounds within an enclosure; and (b) the appropriate district returning officer causes to be displayed throughout the hours of polling at each entrance to those grounds a signed notice stating that those grounds are, for the purposes of subsections (1) and (1a), part of the polling booth, those grounds are, for the purposes of those subsections, to be taken to be part of the polling booth. (3) The reference in subsections (1) and (1a) to a polling booth that is open for polling extends to— (a) a declared institution at which votes are being taken by an electoral visitor; (b) any other place where voting papers are issued. electoral advertising poster, public road and road‑related area have the same respective meanings as they have in section 115. 126—Prohibition of advocacy of forms of voting inconsistent with Act (1) A person must not publicly advocate that a voter should mark a ballot paper otherwise than in the manner set out in section 76(1) or (2). Maximum penalty: $2 500. (2) A person must not distribute how-to-vote cards in relation to an election unless each card is— (a) marked so as to indicate a valid vote in the manner prescribed in section 76(1) or (2); or (b) identical to a card submitted for inclusion in posters under section 66; or (c) identical to a card permitted to be distributed under section 112A. Maximum penalty: $2 500. (3) A person must not publicly advocate that an elector may exercise their vote in a manner inconsistent with the provisions of this Act relating to the manner in which an elector may exercise a vote. Maximum penalty: $2 500. (4) It is a defence to a charge of an offence against subsection (3) to prove that acts alleged to constitute the offence arose from an honest and reasonable misunderstanding or mistake on the part of the defendant. 127—Failure to transmit claim A person who accepts an electoral paper for transmission to an officer must immediately transmit it to the appropriate officer. 128—Forging or uttering electoral papers A person must not— (a) forge any electoral paper; or (b) utter any forged electoral paper, knowing it to be forged. Maximum penalty: $10 000 or imprisonment for 2 years. 129—Protection of the official mark (1) A person must not, without lawful authority— (a) make any mark purporting to be an official mark on or in any paper; or (b) have in his or her possession any paper bearing any official mark; or (c) make use of or have in his or her possession any instrument capable of making on or in any paper an official mark. (2) A person who, without lawful authority, makes on or in any ballot paper, or on or in any paper purporting to be a ballot paper, an official mark, will be taken to have forged a ballot paper, and will be punishable accordingly. (3) All paper bearing an official mark, and all instruments capable of making on or in paper an official mark, made, used, or in the possession of any person without lawful authority will be forfeited to the Crown and may without warrant be seized by a member of the police force and destroyed or dealt with as prescribed. official mark means any prescribed mark to be placed or made on or in any electoral paper, and includes any mark so nearly resembling an official mark as to be likely to deceive. Division 4—Employers 130—Employers to allow employees leave of absence to vote (1) If an employee who is an elector notifies his or her employer before the polling day that he or she desires leave of absence to enable him or her to vote at any election, the employer must, if the absence desired is necessary to enable the employee to vote at the election, allow him or her leave of absence without any penalty or disproportionate deduction of pay for such reasonable period, not exceeding 2 hours, as is necessary to enable the employee to vote at the election. (2) An employee must not, under pretence that he or she intends to vote at the election but without a genuine intention of doing so, obtain leave of absence under this section. (3) This section does not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which the employee is engaged.