Bribery, treating and undue influence
300 Bribery, treating and undue influence
For the purposes of this section, person's election conduct means—
the way in which the person votes at an election; or
the person's nomination as a candidate for an election; or
the person's support of, or opposition to, a candidate at an election; or
the doing of any act or thing by the person the purpose of which is, or the effect of which is likely to be, to influence the preferences set out in the vote of a voter.
A person must not—
ask for, receive or obtain; or
offer to ask for, or receive or obtain; or
agree to ask for, or receive or obtain—
any property or benefit of any kind for themselves or any other person, on an understanding that the person's election conduct will in any manner be influenced or affected.
Penalty: 600 penalty units or imprisonment for 5 years.
Note
Section 320 applies to an offence against subsection (2).
An offence against subsection (2)(a), (b) or (c) is an indictable offence.
A person must not, in order to influence or affect a person's election conduct—
give or confer; or
promise to give or confer; or
offer to give or confer—
any property or benefit of any kind to that other person or to a third person.
Penalty: 600 penalty units or imprisonment for 5 years.
Note
Section 320 applies to an offence against subsection (4).
An offence against subsection (4) is an indictable offence.
This section does not apply in relation to a declaration of public policy or a promise of public action.
This Act’s bill:Explanatory memorandumSecond reading speech
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