Fair Work Act 2009

A person (the first person) must not do any of the following in relation to a protected action ballot:

hinder or obstruct the holding of the ballot;

use any form of intimidation to prevent a person entitled to vote in the ballot from voting, or to influence the vote of such a person;

threaten, offer or suggest, or use, cause or inflict, any violence, injury, punishment, damage, loss or disadvantage because of, or to induce:

any vote or omission to vote; or

any support of, or opposition to, voting in a particular manner;

offer an advantage (whether financial or otherwise) to a person entitled to vote in the ballot because of or to induce:

any vote or omission to vote; or

any support of, or opposition to, voting in a particular manner;

counsel or advise a person entitled to vote to refrain from voting;

impersonate another person to obtain a ballot paper to which the first person is not entitled, or impersonate another person for the purpose of voting;

do an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with;

fraudulently put a paper ballot paper or other paper:

into a repository that serves to receive or hold paper ballot papers; or

into the post;

fraudulently deliver or send an electronic ballot paper or other document to a repository that serves to receive or hold electronic ballot papers;

fraudulently deliver or send a ballot paper or other paper to a person receiving ballot papers for the purposes of the ballot;

record a vote that the first person is not entitled to record;

record more than one vote;

forge a ballot paper or envelope, or utter a ballot paper or envelope that the first person knows to be forged;

provide a ballot paper without authority;

obtain or have possession of a ballot paper to which the first person is not entitled;

request, require or induce another person:

to show a ballot paper to the first person; or

to permit the first person to see a ballot paper in such a manner that the first person can see the vote;

do an act that results in a repository that serves to receive or hold ballot papers being destroyed, taken, opened or otherwise interfered with.

This subsection is a civil remedy provision (see Part 4‑1).

A person is taken to utter a forged document if the person:

uses or deals with it; or

attempts to use or deal with it; or

attempts to induce another person to use, deal with, act upon, or accept it.

A person (the first person) who is performing functions or exercising powers for the purposes of a protected action ballot must not show to another person, or permit another person to have access to, a ballot paper used in the ballot, except in the course of performing those functions or exercising those powers.

This subsection is a civil remedy provision (see Part 4‑1).