Appendix 1: Offences

ss. 218(1)
and (3)

Interfering with or attempting to influence any elector within the polling place or communicating with any person in the polling place except as is necessary in the discharge of the scrutineer’s functions

$1,000 or six months’ imprisonment, or both

A scrutineer who commits such a breach, or is guilty of misconduct or fails to obey the lawful directions of the officer-in-charge may be removed from the polling place by the police or a person authorised by the officer-in-charge

ss. 348(1)(a) and (b)

Engaging in misconduct or failing to obey any lawful direction of the person in charge

Applies to anyone at a polling place or counting centre

$500

s. 323

Disclosing any information acquired concerning the vote of any elector in a manner that is likely to enable identification of the elector

$1,000 or six months’ imprisonment, or both

Applies to AEC officers and scrutineers

s. 335

Exhibiting or leaving in any polling place any card or paper that directs or instructs an elector how to vote

$500

Does not apply to official instructions exhibited by proper authority at a polling place

s. 341(1)

Wearing or displaying a badge or emblem of a candidate or political party in a polling place

$1,000

Applies to AEC officers and scrutineers

s. 330

Making a statement to an elector on election day concerning their enrolment, knowing it to be false or misleading in a material respect

$1,000 or six months’ imprisonment, or both

s. 335

Exhibiting or leaving a how-to-vote card in any polling place

$500

s. 338

Marking a vote or making any other mark on a ballot paper issued to another elector

$1,000 or six months’ imprisonment, or both

The Act expressly authorises certain exceptions, such as assistance to voters who are incapacitated or have low literacy skills

s. 339(1)(a)

Impersonating any person with the intention of securing a ballot paper to which the impersonator is not entitled

Six months’ imprisonment

s. 339(1)(b)

Impersonating any person with the intention of voting in that other person’s name

Six months’ imprisonment

s. 339(1)(c)

Fraudulently doing an act that results in the destruction or defacement of any nomination paper or ballot paper

Six months’ imprisonment

s. 339(1)(d)

Fraudulently putting any ballot paper or other paper into the ballot box

Six months’ imprisonment

s. 339(1)(e)

Fraudulently taking any ballot paper out of any polling place or counting centre

Six months’ imprisonment

s. 339(1)(g)

Supplying ballot papers without authority

Six months’ imprisonment

s. 339(1)(h)

Doing an act that results in the unlawful destruction of, taking of, opening of, or interference with, ballot boxes or ballot papers

Six months’ imprisonment

s. 339(1A)

Voting more than once in the same election

10 penalty units

One penalty unit currently equals $110 (s. 4AA of the Crimes Act 1914)

s. 339(1C)

Intentionally voting more than once in the same election

60 penalty units or 12 months’ imprisonment, or both

s. 339(2)

Engaging in any act that results in the defacement, mutilation, destruction or removal of any notice, list or other document affixed by, or by the authority of, any DRO

$500

s. 341

Wearing or displaying in a polling place any badge or emblem of a candidate or political party

$1,000

Applies to electoral officials and scrutineers

s. 348

Engaging in misconduct; disobeying a lawful direction of the person in charge; or entering or remaining in specified places without the permission of the person in charge

$500

Applies to any early voting centre, any polling place on election day or any counting centre. An offender may be removed by the police or anyone else authorised by the person in charge

s. 340(1)(a)

Canvassing for votes

$500

Consequently, party workers and supporters distributing how-to-vote cards must keep off polling place premises or grounds, and only hand out how-to-vote cards to electors outside the six-metre limit

s. 340(1)(b)

Soliciting the vote of any elector

$500

s. 340(1)(c)

Inducing an elector not to vote for a particular candidate

$500

s. 340(1)(d)

Inducing an elector not to vote at the election

$500

s. 340(1)(e)

Exhibiting any notice or sign (other than an official notice) relating to the election

$500