Division 10For the purposes of section 314 of the Act, the prescribed form of a penalty notice is Form 15.
(1) A person must not do any of the following:(a) make a declaration (whether oral or written) that the person knows is false in respect of any matter or thing for which a declaration is required by this Regulation,(b) impersonate an elector for the purpose of voting at an election,(c) vote twice at an election,(d) knowingly put more than one ballot-paper in the ballot-box at a polling place (except if each of those ballot-papers relates to a different poll),(e) influence an elector’s vote by threats or inducements.Maximum penalty: 10 penalty units.
(2) This clause applies in relation to an election under clause 395 or 396 and to a constitutional referendum or council poll in the same way as it applies to elections under Chapter 10 of the Act.
(1) A person must not make a statement that the person knows is false in a paper relating to an election or poll under the Act, or in information supplied to the Electoral Commission or a general manager for the purposes of the preparation, maintenance, or revision of an electoral roll under the Act.(2) A person must not induce another person to make such a statement.Maximum penalty: 10 penalty units.
360 Misconduct by witness to postal vote
(1) A witness must not witness the signature of an elector to an application for a postal ballot-paper and a postal voting envelope unless the witness knows that the statements contained in the application are true, or is satisfied by the applicant’s answers to the witness’s inquiries or by other means that the statements contained in the application are true.Maximum penalty: 5 penalty units.
(2) The witness must not:(a) do anything to find out the elector’s vote, or(b) disclose to a third party any knowledge that the witness has of the vote of the elector, or(c) influence the vote of an elector voting by post in the presence of the witness.Maximum penalty: 10 penalty units.
361 Misconduct in relation to postal voting
A person to whom an application for a postal ballot-paper and a postal voting envelope, or an envelope containing or purporting to contain a postal ballot-paper, is given by an elector for the purpose of delivery or sending to a returning officer, who has agreed to deliver or send the application or envelope, and who without reasonable excuse fails to deliver or send the application or envelope promptly is guilty of an offence.Maximum penalty: 10 penalty units.
362 Misconduct by person present at pre-poll or declared institution voting
(1) A person who is present when an elector is attending a pre-poll voting office or other place for the purpose of voting before election day or when an elector is visited by a pre-poll voting officer for the purpose of voting at a declared institution:(a) must comply with a lawful direction given to the person by an election official, and(b) must not communicate with the elector in relation to the vote, and(c) must not assist the elector or in any manner interfere with the elector in relation to the vote, and(d) must not look at the elector’s vote or do anything to find out how the elector voted.(2) A person is not guilty of an offence against this clause by virtue of anything done in accordance with clause 388.Maximum penalty: 10 penalty units.
363 Other misconduct in relation to postal, pre-poll or declared institution voting
A person other than the elector must not mark or purport to mark a vote on a postal or pre-poll ballot-paper or a ballot-paper handed to an elector at a declared institution unless the person in so doing is acting under clause 388.Maximum penalty: 10 penalty units.
An election official or scrutineer who knows how a particular elector has voted must not disclose that knowledge.Maximum penalty: 5 penalty units.
365 Obstruction of election officials
A person must not hinder or obstruct an election official or scrutineer in the exercise or performance of his or her functions.Maximum penalty: 10 penalty units.
366 False answers to questions put by election officials
A person who, knowing the answer to be untrue, answers a question put to the person by an election official under Division 8 is guilty of an offence.Maximum penalty: 10 penalty units.
A person must not obstruct access to:(a) a polling place, a pre-poll voting office or a place being used for voting under clause 332A, or(b) a space set aside for voting at a polling place, a pre-poll voting office or a place being used for voting under clause 332A.Maximum penalty: 0.5 penalty unit.
368 Persons present in polling place
(1) A person must not remain in a polling place during polling or during the counting or the scrutiny of the ballot-papers.(2) A person who unlawfully remains in a polling place after being requested by an election official to leave the polling place is guilty of an offence.(3) This clause does not prevent:(a) the Electoral Commission, election officials, scrutineers, and police officers on duty, from being present during those times, or(b) persons engaged in voting (and not exceeding the number determined by the returning officer) from being present during polling for as long as is necessary in order for them to vote.Maximum penalty: 5 penalty units.
(1) A scrutineer must not within a polling place, pre-poll voting office, declared institution or mobile booth, while polling is in progress:(a) interfere with or influence an elector, or(b) communicate with any person except as necessary to carry out the scrutineer’s functions.(2) A scrutineer must obey the lawful directions of an election official.(3) A scrutineer does not breach subclause (1) merely by wearing the badge or emblem of a candidate or political party.Maximum penalty: 10 penalty units.
370 Misconduct at polling place or pre-poll voting office
A person must not, without lawful authority:(a) remove a ballot-paper from a polling place or pre-poll voting office, or(b) enter a space set aside for voting in a polling place while another person is in that space, or(c) remain in a space set aside for voting in a polling place or at a pre-poll voting office for a longer period than is necessary for the purpose of marking his or her ballot-paper, or(d) obstruct or unnecessarily delay the proceedings at a polling place or pre-poll voting office.Maximum penalty: 10 penalty units.
371 Improperly signing or witnessing electoral papers
A person must not do any of the following:(a) sign as witness a blank electoral paper,(b) sign as witness an electoral paper that has been wholly or partly filled up unless it has been signed by the signatory,(c) sign as witness an electoral paper unless the person has seen the signatory sign it,(d) write a name that is not his or her own name on an electoral paper as his or her own name,(e) sign an electoral paper with a signature that purports to be that of another person.Maximum penalty: 10 penalty units.
372 Forging or uttering electoral papers
A person must not forge an electoral paper or utter a forged electoral paper, knowing it to be forged.Maximum penalty: 10 penalty units.
(1) A person must not place in a ballot-box a ballot-paper that the person knows has not been lawfully issued to an elector.(2) An elector must not place in the ballot-box a paper other than the ballot-paper issued to him or her.Maximum penalty: 10 penalty units.
A person must not intentionally break open a sealed parcel of ballot-papers or other electoral material unless authorised to do so by the returning officer or the Electoral Commission or required or authorised to do so by or under any legislation or direction of a court.Maximum penalty: 10 penalty units.
A person must not, in relation to an election under the Act, or an elector at such an election, do any of the things set out in section 147 of the Parliamentary Electorates and Elections Act 1912.Maximum penalty: 100 penalty units.
A candidate at an election must not, in relation to an election under the Act, do any of the things set out in section 149 of the Parliamentary Electorates and Elections Act 1912.Maximum penalty: 100 penalty units.
A person must not, in relation to an election under the Act, or an elector at such an election, do any of the things set out in section 151 of the Parliamentary Electorates and Elections Act 1912.Maximum penalty: 100 penalty units.