Document ID: chunk:federal_register_of_legislation:C2025C00152:clause:3_339
Version: federal_register_of_legislation:C2025C00152
Segment Type: clause
Provision Reference: sch 3 cl 339
Character Range: 851415–853641

339  Other offences relating to ballot papers etc.
 (1) A person shall not:
 (a) impersonate any person with the intention of securing a ballot paper to which the impersonator is not entitled; or
 (b) impersonate any person with the intention of voting in that other person's name; or
 (c) fraudulently do an act that results in the destruction, defacement or other corruption of any nomination or ballot paper; or
 (d) fraudulently put any ballot paper or other paper into the ballot‑box; or
 (e) fraudulently take any ballot paper out of any polling booth or counting centre; or
 (g) supply ballot papers without authority; or
 (h) do an act that results in the unlawful destruction of, taking of, opening of, or interference with, ballot‑boxes or ballot papers.
Penalty: Imprisonment for 6 months.
 (1A) A person commits an offence if the person votes more than once in the same election.
Note: The Electoral Commissioner may declare that a person convicted of an offence against this subsection is a designated elector (see subsection 202AH(1)).
Penalty: 10 penalty units.
 (1B) An offence against subsection (1A) is an offence of strict liability.
 (1C) A person commits an offence if the person intentionally votes more than once in the same election.
Note: The Electoral Commissioner may declare that a person convicted of an offence against this subsection is a designated elector (see subsection 202AH(1)).
Penalty: 60 penalty units or imprisonment for 12 months, or both.
 (1D) If a person votes more than once in the same election, the number of offences the person commits under subsection (1A) or (1C) because of that voting is the number of times the person voted in that election less one.
Note: This subsection means that each act of voting (other than the one act of voting that would be legitimate) gives rise to a separate offence but it is not necessary to know which act of voting was the first one and therefore legitimate.
 (2) A person commits an offence if the person:
 (a) does an act; and
 (b) the act results in the defacement, mutilation, destruction or removal of any notice, list or other document affixed by, or by the authority of, any Divisional Returning Officer.
Penalty: 5 penalty units.