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ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 187 Electoral bribery

ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 187

Electoral bribery

(1)  A person must not directly or indirectly –
(a) promise or offer; or
(b) give; or
(c) ask for or receive –
any property or benefit of any kind with the intention of 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) who the person votes for; or
(c) whether or not the person nominates as a candidate for election or withdraws his or her nomination; or
(d) whether the person expresses support for or opposition to a candidate or group of candidates; or
(e) whether or not the person lodges an application under section 205 or applies to withdraw an application under section 214 ; or
(f) the performance or exercise by a member of the Commission, a returning officer, an election official or a member of the staff of the Commission of his or her functions or powers under this Act.
(3)  A person who contravenes or fails to comply with subsection (1) is guilty of the crime of electoral bribery, punishable on indictment under the Criminal Code .
(4)  Notwithstanding section 389 of the Criminal Code , a person who is convicted of the crime of electoral bribery is liable to a penalty of a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.
(5)  The crime of electoral bribery does not include –
(a) a declaration of public policy or promise of public action; or
(b) transporting electors to or from polling places for the purpose of voting.