Electoral Act 1992

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

 s 143 (Soliciting applications for postal declaration votes)

 s 222G (Ban on gifts from property developers etc—$250 or more)

 s 222I (Ban on acceptance of gifts from property developers etc—$250 or more)

 s 222O (Ban on gifts given by or on behalf of foreign entities—$250 or more)

 s 222Q (Ban on acceptance of gifts given by or on behalf of foreign entities—$250 or more)

 s 236 (Offences)

 s 292 (Dissemination of unauthorised electoral matter)

 s 296 (Advertorials)

 s 297A (Misleading electoral advertising)

 s 315A (Ballot papers—photographs)

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.