Electoral offences and punishments
190 Electoral offences and punishments
A person who impersonates a person to secure a ballot paper to which the impersonator is not entitled commits a crime.
Penalty for this subsection: imprisonment for 2 years.
A person who impersonates any other person for the purpose of voting commits a crime.
Penalty for this subsection: imprisonment for 2 years.
A person who fraudulently destroys or defaces a nomination or ballot paper commits a crime.
Penalty for this subsection: imprisonment for 2 years.
A person who forges a nomination or ballot paper commits a crime.
Penalty for this subsection: imprisonment for 2 years.
A person who uses a nomination or ballot paper knowing that it is forged commits a crime.
Penalty for this subsection: imprisonment for 2 years.
The matters mentioned in the first column of the Table are electoral offences, punishable as provided in the second column of the Table opposite the statement of the offence.
Table of electoral offences and punishments
First Column — Offences | Second Column — Punishments |
|---|---|
Fraudulently putting any ballot or other paper into the ballot box. | Penalty not exceeding $6 000. |
Fraudulently taking any ballot paper out of a place to vote. | Penalty not exceeding $6 000. |
A person misconducting themselves, or failing to obey the lawful directions of a presiding officer, in a place to vote on a day on which voting occurs at the place to vote, or in a counting place. | Penalty not exceeding $1 000. |
Supplying ballot papers without authority. | Penalty not exceeding $6 000. |
Unlawfully destroying, taking, opening, or otherwise interfering with ballot boxes or ballot papers. | Imprisonment not exceeding 9 months. |
Voting more than once at the same election. | Imprisonment not exceeding 12 months. |
Wilfully making a false statement in any objection to any claim or to any name on the register of electors or a roll. | Imprisonment not exceeding 12 months. |
Wagering on the result of any election. | Penalty not exceeding $1 000. |
Wilfully defacing, mutilating, destroying, or removing any notice, list, or other document affixed by any returning officer or by their authority. | Penalty not exceeding $1 000. |
Wilfully making false statement in any claim other than a false statement as to any entitlement under section 17(1)(a) or (c) or (2), or wilfully making false statement in any application, return, or declaration, or in answer to a question under this Act. | Imprisonment not exceeding 12 months. |
Wilfully making false statement in any claim as to any entitlement under section 17(1)(a) or (c) or (2). | Penalty not exceeding $1 000. |
Signing as the claimant on a claim to be enrolled as an elector the name of any other person with or without the authority of such person. | Imprisonment not exceeding 12 months. |
Distributing any advertisement, handbill, or pamphlet published in contravention of section 187. | Penalty not exceeding $2 000. |
The wearing or displaying by an officer or election campaign worker within a place to vote on a day on which voting occurs at the place to vote of any badge or emblem of a candidate or political party. | Penalty not exceeding $50. |
During the polling at any election wilfully taking any ballot paper out of a place to vote except to 1 of the voting compartments. | Penalty not exceeding $1 000. |
Any contravention of this Act for which no other punishment is provided. | Penalty not exceeding $1 000. |
[Section 190 amended: No. 5 of 1918 s. 4; No. 63 of 1948 s. 27; No. 57 of 1952 s. 13; No. 68 of 1964 s. 38; No. 113 of 1965 s. 8; No. 33 of 1967 s. 17; No. 39 of 1979 s. 27; No. 31 of 1982 s. 5; No. 9 of 1983 s. 23; No. 79 of 1987 s. 72; No. 78 of 1995 s. 147; No. 50 of 2003 s. 56(4); No. 74 of 2003 s. 47(3); No. 64 of 2006 s. 46; No. 30 of 2023 s. 161.]
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