REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 130 Other offences relating to ballot papers etc.
REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 130
Other offences relating to ballot papers etc.(a) impersonate another person with the intention of voting in that other person's name; or
(aa) impersonate another person with the intention of securing a ballot paper to which the first - mentioned person is not entitled; or
(b) fraudulently do an act that results in the destruction or defacement of a ballot paper or other document relating to a referendum; or
(c) fraudulently put any ballot paper or other paper into a ballot - box; or
(d) fraudulently take any ballot paper out of a polling booth or a place where the scrutiny is being conducted; or
(f) supply ballot papers without authority to do so under this Act or the regulations; or
(g) do an act that results in the unlawful destruction of, taking of, opening of, or interference with, ballot - boxes or ballot papers.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
(1A) A person commits an offence if the person votes more than once in the same referendum.
Note: The Electoral Commissioner may declare that a person convicted of an offence against this subsection is a designated elector (see subsection 202AH(1) of the Commonwealth Electoral Act 1918 ).
(1B) An offence against subsection (1A) is an offence of strict liability.
(1C) A person commits an offence if the person intentionally votes more than once in the same referendum.
Note: The Electoral Commissioner may declare that a person convicted of an offence against this subsection is a designated elector (see subsection 202AH(1) of the Commonwealth Electoral Act 1918 ).
Penalty: 60 penalty units or imprisonment for 12 months, or both.
(1D) If a person votes more than once in the same referendum, the number of offences the person commits under subsection (1A) or (1C) because of that voting is the number of times the person voted in that referendum less one.
Note: This subsection means that each act of voting (other than the one act of voting that would be legitimate) gives rise to a separate offence but it is not necessary to know which act of voting was the first one and therefore legitimate.
(2) A person commits an offence if the person:
(b) the act results in the defacement, mutilation, destruction or removal of any notice, list or other document displayed in any place by, or with the authority of, an officer.
Penalty for a contravention of this subsection: 5 penalty units.