New South Wales Consolidated Acts

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PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 149

Electoral treating

149 Electoral treating

(1) A candidate at an election must not, before or during the election, either directly or indirectly:
(a) offer, promise or supply food, drink or entertainment, or
(b) offer or promise to pay for, or pay for, food, drink or entertainment, or
(c) offer or provide transport to or from polling places for the purpose of voting, or
(d) offer, promise or give a gift, donation, voucher or prize to or for any person, club, association or body,
with the intention of corruptly influencing a person’s election conduct at an election.
(2) For the purposes of subsection (1):

"election conduct" , in relation to a person, means:
(a) whether or not the person votes, or
(b) whether or not the person votes for the candidate.
(3) For the purposes of subsection (1), it is immaterial:
(a) whether or not an offer is accepted and, if accepted, whether it is accepted before, on or after polling day, and
(b) whether or not a promise is fulfilled and, if fulfilled, whether it is fulfilled before, on or after polling day.
(4) In proceedings for an offence under subsection (1) (d) it is a defence to show that gifts, donations, vouchers or prizes similar in nature and in amount or value are regularly given to the club, association or body for similar purposes.
(5) An elector who corruptly:
(a) accepts:
(i) food, drink or entertainment, or
(ii) transport, or
(iii) a gift, donation, voucher or prize, or
(b) without limiting paragraph (a), accepts or agrees to:
(i) an offer or promise of food, drink or entertainment, or
(ii) an offer or promise to pay for food, drink or entertainment, or
(iii) an offer of transport, or
(iv) an offer, a promise or the giving of a gift, donation, voucher or prize,
referred to in subsection (1) during an election is incapable of voting at the election.



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