140Use of electoral roll for by-election

140 Use of electoral roll for by-election (1) A returning officer for a by-election commits an offence if: (a) the returning officer is given a copy of an electoral roll under section 139(6); and (b) the returning officer intentionally engages in conduct; and (c) the conduct results in the information obtained from the copy of the roll being used improperly and the returning officer is reckless in relation to the result. Maximum penalty: 80 penalty units. (2) A person, other than the returning officer for a by-election, commits an offence if: (a) the returning officer for the by-election is given a copy of an electoral roll under section 139(6); and (c) the conduct results in the information obtained from the copy of the roll being used improperly and the person is reckless in relation to the result. Maximum penalty: 50 penalty units. (3) Strict liability applies to subsections (1)(a) and (2)(a).

Local Government Act 2019 85 improper, in relation to the use of the copy of the electoral roll, means that the copy of the roll is used otherwise than for a proper purpose connected with the by-election.