Referendums Act 1983

A person who does any act or engages in any course of conduct intending that as a result thereof another person —

will be rendered; or

will be encouraged or assisted to render himself,

unable to vote or mentally incapable of voting at a referendum shall be guilty of an offence.

Penalty: $200.

Subject to proof of the other elements of the offence, a person is guilty of an offence under subsection (1) notwithstanding that —

the other person was not rendered or did not render himself unable or incapable as mentioned therein; or

the other person did vote.

[Section 45 amended: No. 50 of 2003 s. 89(2).]

46. Misleading advertisements etc.

Every person who —

prints, publishes, or distributes an advertisement or document containing a representation of a ballot paper, or a representation apparently intended to represent a ballot paper, and having thereon any directions intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of his vote at a referendum; or

prints, publishes, or distributes an advertisement or document containing an untrue or incorrect statement intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of his vote at a referendum,

shall be guilty of an offence, and shall be liable to a penalty not exceeding $200.

This section shall not prevent the printing, publishing, or distributing of an advertisement or document (not otherwise illegal) which contains instructions how to vote in any particular manner in connection with a referendum, if those instructions are not intended or likely to mislead any elector in or in relation to the casting of his vote.