138Ballots conducted by the Australian Electoral Commission — no unauthorised action

138 Ballots conducted by the Australian Electoral Commission — no unauthorised action (1) If a secret ballot is conducted by the Australian Electoral Commission under the Act, a person other than the person conducting the ballot must not do, or purport to do, any act in the conduct of the ballot. (2) Strict liability applies to the physical element in subregulation (1) that the ballot is conducted under the Act. (3) It is a defence to a prosecution for an offence against subregulation (1) if the person was authorised or directed by the person conducting the ballot to do the act in the conduct of the ballot. > Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see section 13.3 of the Criminal Code).