Commonwealth Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 - SECT 198

  (1)   A person shall not, in relation to an election under this Act, ask for, receive or obtain, or offer or agree to ask for, or receive or obtain, any property or benefit of any kind for the person or any other person, on an understanding that:

  (a)   any vote of the first - mentioned person;

  (b)   any candidature of the first - mentioned person;

  (c)   any support of, or opposition to, a candidate or a group of candidates by the first - mentioned person; or

  (d)   the doing of any act or thing by the first - mentioned person:

  (i)   with the intention of influencing the preferences set out in the vote of an elector; or

  (ii)   with the likely result that the preferences set out in the vote of an elector are influenced;

will, in any manner, be influenced or affected.

Penalty:   50 penalty units.

  (2)   A person shall not, in relation to an election under this Act, with the intention of influencing or affecting:

  (a)   any vote of another person;

  (b)   any candidature of another person;

  (c)   any support of, or opposition to, a candidate or a group of candidates by another person; or

  (d)   the doing of any act or thing by another person:

  (i)   with the intention of influencing the preferences set out in the vote of an elector; or

  (ii)   with the likely result that the preferences set out in the vote of an elector are influenced;

give or confer, or promise or offer to give or confer, any property or benefit of any kind to that other person or to a third person.

Penalty:   50 penalty units.

  (3)   A person shall not hinder or interfere with the free exercise or performance, by any other person, of any political right or duty that is relevant to an election under this Act.

Penalty:   10 penalty units.

  (3A)   A person must not make a statement to another person, either orally or in writing, as to the other person's right to vote in an election under this Act if the person making the statement knows that the statement is false or misleading in a material particular.

Penalty:   25 penalty units.

  (3B)   A person must not encourage another person to vote in an election under this Act if the first - mentioned person knows that the other person is not entitled to vote in the election.

Penalty:   25 penalty units.

  (4)   This section does not apply in relation to a declaration of public policy or a promise of public action.