Fair Work (Registered Organisations) Act 2009

This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.

A person commits an offence if the person:

impersonates another person with the intention of:

securing a ballot paper to which the impersonator is not entitled; or

casting a vote; or

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

fraudulently puts a ballot paper or other paper:

into a ballot box or other ballot receptacle; or

into the post; or

delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or

records a vote that the person is not entitled to record; or

records more than one vote; or

forges a ballot paper or envelope, or utters a ballot paper or envelope that the person knows to be forged; or

provides a ballot paper without authority; or

obtains a ballot paper which the person is not entitled to obtain; or

has possession of a ballot paper which the person is not entitled to possess; or

does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.

A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:

any candidature or withdrawal of candidature; or

any vote or omission to vote; or

any support or opposition to any candidate; or

any promise of any vote, omission, support or opposition.

A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:

any candidature or withdrawal of candidature;

any vote or omission to vote;

any support or opposition to any candidate;

any promise of any vote, omission, support or opposition.

A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:

any candidature or withdrawal of candidature;

any vote or omission to vote;

any support or opposition to any candidate;

any promise of any vote, omission, support or opposition.

A person (the relevant person) commits an offence:

if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or

if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.