Part 12Illegal practices

Part 12—Illegal practices 57—Violence, intimidation, bribery etc (1) A person who exercises violence or intimidation, or offers or gives a bribe, with a view to— (a) inducing a person to submit or withdraw candidature for election; or (b) influencing the vote of a person at an election or poll; or (c) otherwise interfering with the due course of an election or poll, Maximum penalty: $10 000 or imprisonment for seven years. (2) A person who receives a bribe offered in contravention of subsection (1) is guilty of an offence. Maximum penalty: $10 000 or imprisonment for seven years. bribe includes any pecuniary sum or material advantage including food, drink or entertainment where the value of the food, drink or entertainment is of or above the prescribed value. 58—Dishonest artifices (1) A person who dishonestly exercises, or attempts to exercise, a vote at an election or poll to which that person is not entitled is guilty of an offence. (2) A person who dishonestly influences or attempts to influence the result of an election or poll is guilty of an offence. 59—Interference with statutory rights A person must not hinder or interfere with the free exercise or performance, by another person, of a right under this Act. 60—Exception No declaration of public policy or promise of public action constitutes bribery or dishonest influence. 61—Persons acting on behalf of candidates not to assist voters or collect voting papers (1) A person who is a candidate for election or acting on behalf of such a candidate (whether with or without the candidate's authority) must not act as an assistant to a person voting at the election. (2) A scrutineer must not act as an assistant to a person voting at an election or poll. (3) Without limiting the generality of subsection (1) or (2), a person acts as an assistant by assisting another to obtain, complete or return postal voting papers. (4) A person who is a candidate for election or acting on behalf of such a candidate (whether with or without the candidate's authority) must not have in his or her possession, or attempt to gain possession of, postal voting papers for that election (except any such papers issued to the person as an elector in his or her own right). 62—Unlawful interference with computer programs (1) A person must not, without lawful authority to do so, tamper or interfere with a computer program or system used by an electoral officer for the purposes of an election or poll under this Act. (2) In proceedings for an offence against subsection (1), the prosecution need not prove the absence of lawful authority and the onus is on the defendant to prove any such authority on which he or she relies. 62A—Maintenance of order at and near certain places (1) A person must not— (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. Maximum penalty: $5 000. (2) An authorised officer may give such directions as are necessary to maintain order for the purposes of 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. Maximum penalty: $5 000. (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. (6) In this section— authorised officer means— (a) a police officer; or (b) the Electoral Commissioner; or (c) a person authorised by the Electoral Commissioner; designated place means— (a) a place at which the scrutiny of ballot papers is being, or is to be, conducted; or (b) any other place designated by the Electoral Commissioner on a website maintained by the Electoral Commissioner. 63—Secrecy of vote (1) A person must not, by clandestine or dishonest means, attempt to discover how another person has voted. Maximum penalty: $1 250 or imprisonment for three months. (2) No person may open an envelope under this Act containing a vote except the returning officer, or an electoral officer acting with the authority of the returning officer. Maximum penalty: $750. (3) A person who acquires knowledge of the vote of another person through assisting the other person to vote, or otherwise in the exercise of powers or functions under this Act, must not divulge that knowledge. 64—Unlawful declaration or marking of ballot papers (1) A person must not make a statement in a claim, application, return or declaration, or in answer to a question, under this Act that is, to the person's knowledge, false or misleading in a material respect. (2) Except as authorised by this Act, a person (not being a person 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. 65—Conduct of officers An electoral officer must not fail, without proper excuse, to carry out his or her official duties in connection with the conduct of an election or poll. 66—Conduct of scrutineers (1) A scrutineer must not interfere with or attempt to influence a person voting or proposing to vote at an election or poll. (2) If a candidate appoints more than one scrutineer, not more than two of them may be present in the place for the counting of votes at the same time during the counting of votes. 66A—Prohibition of advocacy of forms of voting inconsistent with Act (1) A person must not publicly advocate that an elector should mark a ballot paper otherwise than in the manner set out in section 45(1) or 46(1). (2) 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.