Tasmanian Consolidated Acts

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ELECTORAL ACT 2004 - REG 186

Offences relating to voting
(1)  A person must not, at or in connection with an election, directly or indirectly, personally or by any other person on his or her behalf –
(a) destroy a nomination form or ballot paper except in accordance with section 150 ; or
(b) forge a ballot paper or utter a ballot paper knowing it to be forged; or
(c) forge a declaration required by this Act or utter such a declaration knowing it to be forged; or
(d) without authority, remove a ballot paper from a polling place; or
(e) fraudulently deposit a ballot paper, or a paper purporting to be a ballot paper, in a ballot box used at the election; or
(f) without authority, supply a ballot paper to a person to enable a person to vote at the election; or
(g) without authority, take, open, destroy or interfere with a ballot box, declaration vote envelope, postal vote declaration envelope or ballot paper used or to be used at the election; or
(h) make a statement, or give an answer to a question, referred to in section 110 which the person knows is false or misleading; or
(i) impersonate an elector for the purpose of voting at the election; or
(j) vote more than once at the election; or
(k) having voted at the election, apply for another ballot paper in respect of the election; or
(l) apply to vote under this Act in the name of a fictitious person or in the name of any other person, whether living or dead; or
(m) deposit more than one ballot paper in a ballot box that is being used for the purposes of the election; or
(n) vote at the election after having voted at an election in respect of another division held contemporaneously with the first-mentioned election.
(2)  A person must not contravene or fail to comply with subsection (1) .
(3)  An offence against subsection (2) is an offence punishable on indictment under the Criminal Code .
(4)  Despite an offence against subsection (2) being an offence punishable on indictment under the Criminal Code , a court of summary jurisdiction may hear and determine proceedings in respect of the offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
(5)  If, in accordance with subsection (4) , a court of summary jurisdiction finds a person guilty of an offence against subsection (2) , the penalty that the court may impose is a fine not exceeding 50 penalty units.



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