Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 114

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 114

114. Sections 154 to 162 (inclusive) of the Principal Act are repealed and the
following sections are substituted: Interpretation

''154. In this Part, 'relevant period'-

   (a)  in relation to an election under this Act, means the period commencing
        on the issue of the writ for that election and expiring at the latest
        time on polling day at which an elector in Australia could enter a
        polling booth for the purpose of casting his vote in that election;
        and

   (b)  in relation to a referendum, means the period commencing on the date
        of the issue of the writ for the taking of the referendum and expiring
        at the latest time on polling day at which an elector in Australia
        could enter a polling booth for the purpose of casting his vote in the
        referendum.
Officers and scrutineers to observe secrecy

''155. A person who is, or has been, an officer or a scrutineer shall not,
except for the purposes of Part XIIIA, either directly or indirectly, divulge
or communicate any information with respect to the vote of an elector acquired
by him in the performance of his functions, or in the exercise of his powers,
under this Act or the regulations in a manner that is likely to enable the
identification of the elector.

Penalty: $1,000 or imprisonment for 6 months, or both. Officers not to
contravene Act, &c.

''156. A person who, being an officer, contravenes-

   (a)  a provision of this Act for which no other penalty is provided; or

   (b)  a direction given to him under this Act,
is guilty of an offence punishable on conviction by a fine not exceeding
$1,000.
Officers not to influence vote

''157. (1) A person who, being an officer other than an Antarctic officer,
does any act or thing for the purpose of influencing the vote of another
person, is guilty of an offence punishable on conviction by a fine not
exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.

''(2) A person who, being an Antarctic officer, during the relevant period in
relation to an election under this Act or a referendum, does any act or thing
for the purpose of influencing the vote of another person, is guilty of an
offence punishable on conviction by a fine not exceeding $1,000 or
imprisonment for a period not exceeding 6 months, or both.

''(3) In this section, 'Antarctic officer' means-

   (a)  an Antarctic Returning Officer;

   (b)  an Assistant Antarctic Returning Officer; or

   (c)  a person appointed to act as an Antarctic Returning Officer or as an
        Assistant Antarctic Returning Officer. Bribery

''158. (1) A person shall not ask for, receive or obtain, or offer or agree to
ask for, or receive or obtain, any property or benefit of any kind for himself
or any other person, on an understanding that-

   (a)  any vote of the first-mentioned person;

   (b)  any candidature of the first-mentioned person;

   (c)  any support of, or opposition to, a candidate, a group of candidates
        or a political party by the first-mentioned person;

   (d)  the doing of any act or thing by the first-mentioned person the
        purpose of which is, or the effect of which is likely to be, to
        influence the preferences set out in the vote of an elector; or

   (e)  the order in which the names of candidates nominated for election to
        the Senate whose names are included in a group in accordance with
        section 72A appear on a ballot paper,
will, in any manner, be influenced or affected.

Penalty: $5,000 or imprisonment for 2 years, or both.

''(2) A person shall not, in order to influence or affect-

   (a)  any vote of another person;

   (b)  any candidature of another person; or

   (c)  any support of, or opposition to, a candidate, a group of candidates
        or a political party by another person;

   (d)  the doing of any act or thing by another person the purpose of which
        is, or the effect of which is likely to be, to influence the
        preferences set out in the vote of an elector; or

   (e)  the order in which the names of candidates for election to the Senate
        whose names are included in a group in accordance with section 72A
        appear on a ballot paper,
give or confer, or promise or offer to give or confer, any property or benefit
of any kind to that other person or to a third person.

Penalty: $5,000 or imprisonment for 2 years, or both.

''(3) This section does not apply in relation to a declaration of public
policy or a promise of public action. Interference with political liberty

''159. A person shall not hinder or interfere with the free exercise or
performance, by any other person, of any political right or duty that is
relevant to an election under this Act.

Penalty: $1,000 or imprisonment for 6 months, or both. Printing and
publication of electoral advertisements, notices, &c.

''160. (1) A person shall not print, publish or distribute or cause, permit or
authorize to be printed, published or distributed, an electoral advertisement,
handbill, pamphlet or notice unless-

   (a)  the name and address (not being a post-office box) of the person who
        authorized the advertisement, handbill, pamphlet or notice appears at
        the end thereof; and

   (b)  in the case of an electoral advertisement, handbill, pamphlet or
        notice that is printed otherwise than in a newspaper-the name and
        place of business of the printer appears at the end thereof.

''(2) A person who contravenes sub-section (1) is guilty of an offence
punishable on conviction-

   (a)  if the offender is a natural person-by a fine not exceeding $1,000; or

   (b)  if the offender is a body corporate-by a fine not exceeding $5,000.

''(3) Sub-section (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.

''(4) Nothing in paragraph (3) (a) shall be taken, by implication, to limit
the generality of regulations that may be made by virtue of paragraph (3) (b).

''(5) In this section, 'electoral advertisement, handbill, pamphlet or
notice', means an advertisement, handbill, pamphlet or notice that is intended
or calculated to affect the result of an election, but does not include an
advertisement in a newspaper announcing the holding of a meeting. Misleading
or deceptive publications, &c.

''161. (1) A person shall not, during the relevant period in relation to an
election under this Act, print, publish or distribute, or cause, permit or
authorize to be printed, published or distributed, any matter or thing that is
likely to mislead or deceive an elector in relation to the casting of his
vote.

''(2) A person shall not, during the relevant period in relation to an
election under this Act, print, publish or distribute, or cause, permit or
authorize to be printed, published or distributed, any electoral advertisement
containing a statement-

   (a)  that is untrue; and

   (b)  that is, or is likely to be, misleading or deceptive.

''(3) A person shall not, during the relevant period in relation to an
election under this Act, print, publish or distribute, or cause, permit or
authorize to be printed, published or distributed, an advertisement, handbill,
pamphlet or notice that contains a representation or purported representation
of a ballot-paper for use in that election that is likely to induce an elector
to mark his vote otherwise than in accordance with the directions on the
ballot-paper.

''(4) A person who contravenes sub-section (1), (2) or (3) is guilty of an
offence punishable on conviction-

   (a)  if the offender is a natural person-by a fine not exceeding $1,000 or
        imprisonment for a period not exceeding 6 months, or both; or

   (b)  if the offender is a body corporate-by a fine not exceeding $5,000.

''(5) In a prosecution of a person for an offence against sub-section (4) by
virtue of a contravention of sub-section (1), it is a defence if the person
proves that he did not know, and could not reasonably be expected to have
known, that the matter or thing was likely to mislead an elector in relation
to the casting of his vote.

''(6) In the prosecution of a person for an offence against sub-section (4) by
virtue of a contravention of sub-section (2), it is a defence if the person
proves that he did not know, and could not reasonably be expected to have
known, that the electoral advertisement contained a statement of the kind
referred to in sub-section (2).

''(7) In this section-

'electoral advertisement' means an advertisement that is intended or
calculated to affect the result of an election;

'publish' includes publish by radio or television.
False statements in relation to Rolls

''162. A person who, on polling day, makes a statement to an elector, either
orally or in writing, with respect to the enrolment of the elector that, to
the knowledge of the first-mentioned person, is false or misleading in a
material respect, is guilty of an offence punishable on conviction by a fine
not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or
both.''.