Commonwealth Consolidated Acts

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COMMONWEALTH ELECTORAL ACT 1918 - SECT 339

Other offences relating to ballot papers etc.

             (1)  A person shall not:

                     (a)  impersonate any person with the intention of securing a ballot paper to which the impersonator is not entitled; or

                     (b)  impersonate any person with the intention of voting in that other person's name; or

                     (c)  fraudulently do an act that results in the destruction or defacement of any nomination paper or ballot paper; or

                     (d)  fraudulently put any ballot paper or other paper into the ballot-box; or

                     (e)  fraudulently take any ballot paper out of any polling booth or counting centre; or

                     (g)  supply ballot papers without authority; or

                     (h)  do an act that results in the unlawful destruction of, taking of, opening of, or interference with, ballot-boxes or ballot papers.

Penalty:  Imprisonment for 6 months.

          (1A)  A person is guilty of an offence if the person votes more than once in the same election.

Penalty:  10 penalty units.

          (1B)  An offence against subsection (1A) is an offence of strict liability.

          (1C)  A person is guilty of an offence if the person intentionally votes more than once in the same election.

Penalty:  60 penalty units or imprisonment for 12 months, or both.

          (1D)  If a person votes more than once in the same election, the number of offences the person is guilty of under subsection (1A) or (1C) because of that voting is the number of times the person voted in that election less one.

Note:          This subsection means that each act of voting (other than the one act of voting that would be legitimate) gives rise to a separate offence but it is not necessary to know which act of voting was the first one and therefore legitimate.

             (2)  A person is guilty of an offence if the person:

                     (a)  does an act; and

                     (b)  the act results in the defacement, mutilation, destruction or removal of any notice, list or other document affixed by, or by the authority of, any Divisional Returning Officer.

Penalty:  $500.

             (5)  In this section, a reference to a nomination paper includes a reference to a facsimile of a nomination paper.



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