ELECTORAL ACT 1985 - SECT 124
ELECTORAL ACT 1985 - SECT 124
124—Other offences relating to ballot papers etc
(a)
exercise or attempt to exercise a vote to which he or she is not entitled; or
(b) vote
more than once at the same election; or
(c) make
a statement in any claim, application, return or declaration, or in answer to
a question, under this Act that is, to his or her knowledge, false or
misleading in a material respect.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2) It is a defence to
a charge of an offence against subsection (1)(a) or (b) to prove that
acts alleged to constitute the offence arose from an honest misunderstanding
or mistake on the part of the defendant.
(2a) A person to whom
a ballot paper is issued at a polling booth for the purpose of voting at the
booth must not remove the ballot paper from the booth.
Maximum penalty: $250.
(3) Except as
authorised by this Act, a person (not being an elector to whom the ballot
paper has been lawfully issued) must not mark a vote, or make any other mark
or writing on a ballot paper.
Maximum penalty: $2 500 or imprisonment for 6 months.
(4) A person must not,
without proper authority, destroy or interfere with voting papers.
Maximum penalty: $2 500 or imprisonment for 6 months.
(5) A person must not
wilfully deface, mutilate, destroy or remove any notice, list or other
document affixed by any district returning officer.
Maximum penalty: $750.