Document ID: chunk:federal_register_of_legislation:C2025C00152:clause:3_346
Version: federal_register_of_legislation:C2025C00152
Segment Type: clause
Provision Reference: sch 3 cl 346
Character Range: 860018–861326

346  Protection of the official mark
 (1) A person shall not, without lawful authority, proof whereof shall lie upon the person:
 (a) make any official mark on or in any paper;
 (b) be in possession of any paper bearing any official mark; or
 (c) make use of or be in possession of any instrument capable of making on or in any paper an official mark.
Penalty: 10 penalty units.
 (2) A person who, without lawful authority, proof whereof shall lie upon the person, makes on or in any ballot paper, or on or in any paper purporting to be a ballot paper, an official mark, shall be deemed to have a forged ballot paper, and shall be punishable accordingly.
 (3) All paper bearing an official mark, and all instruments capable of making on or in paper an official mark, made, used, or in the possession of any person without lawful authority (proof whereof shall lie upon the person) shall be forfeited to the Commonwealth, and may without warrant be seized by a member of the Australian Federal Police or a member of the police force of a State or Territory and destroyed or dealt with as prescribed.
 (4) In this section the words official mark mean any prescribed mark to be placed or made on or in any electoral paper, and include any mark so nearly resembling an official mark as to be likely to deceive.