South Australian Consolidated Acts

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ANANGU PITJANTJATJARA YANKUNYTJATJARA LAND RIGHTS ACT 1981 - SECT 9A

9A—Offences relating to election of Executive Board

        (1)         A person who—

            (a)         exercises violence or intimidation, or offers or gives a bribe, with a view to—

                  (i)         inducing a person to submit or withdraw candidature for an election under section 9; or

                  (ii)         influencing the vote of a person at such an election; or

                  (iii)         otherwise interfering with the due course of an election; or

            (b)         receives a bribe offered in contravention of paragraph (a),

is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for seven years.

        (2)         A person who—

            (a)         dishonestly exercises, or attempts to exercise, a vote at an election under section 9 to which that person is not entitled; or

            (b)         dishonestly influences or attempts to influence the result of such an election; or

            (c)         hinders or interferes with the free exercise or performance, by another person, of a right in respect of such an election,

is guilty of an offence.

Maximum penalty: $5 000 or imprisonment for one year.

        (3)         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.

Maximum penalty: $5 000 or imprisonment for one year.

        (4)         A scrutineer must not act as an assistant to a person voting at an election.

Maximum penalty: $5 000 or imprisonment for one year.

        (5)         A person must not, by clandestine or dishonest means, attempt to discover how another person has voted.

Maximum penalty: $1 250 or imprisonment for 3 months.

        (6)         A person who acquires knowledge of the vote of another person in the exercise of powers or functions under this Act must not divulge that knowledge.

Maximum penalty: $2 500 or imprisonment for 6 months.

        (7)         To avoid doubt, no declaration of public policy or promise of public action constitutes bribery or dishonest influence.

        (8)         In this clause—

"bribe" includes any pecuniary sum or material advantage including food, drink or entertainment.



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