Election offences

Organisation assisting particular candidates

It is an offence for an organisation or branch to allow its property to be used to help one candidate against another candidate in an election for office or other position (section 190).

This includes use of organisation or branch resources such as, but not limited to:

• staff
• facilities
• work-issued vehicles, mobile phones and computers (even if private use is otherwise allowed).

Influencing candidatures and voting

It is an offence to do any of the following with the intention of influencing or affecting any candidature or vote in an election (section 195):

• interfere with ballot papers
• bribe a person
• ask for a benefit of any kind
• threaten a person
• inflict injury or damage.

Influencing lodgement of objections

It is an offence to:

• use violence or cause injury or loss to a person who has objected to an organisation's application for an exemption from the requirement that its elections be conducted by the Australian Electoral Commission
• give, offer, obtain or request a benefit of any kind with the intention of influencing the lodgement of such an objection (section 185).

Showing a ballot paper

It is an offence:

• to require or induce another person to show a ballot paper while the paper is being marked or after it has been marked
• for a person performing duties in an election to show another person or permit another person to have access to a ballot paper used in an election otherwise than in the performance of their duties (section 195).

Failing to comply with a request from a returning officer

It is an offence for an officer or employee of an organisation or branch to fail to comply with a written request from a returning officer conducting an election to make available the register of members for the purposes of a ballot (section 191).

Failing to comply with a direction from an electoral official

It is an offence not to comply with a direction from an electoral official given in accordance with section 193(1) (section 193(2)).

Hindering or obstructing an electoral official

It is an offence to hinder or obstruct an electoral official in the performance of their functions or another person complying with a direction of an electoral official (section 194).

A person convicted of an offence listed above can be liable for a penalty of up to 100 penalty units, depending on the offence.

Also, if convicted of an offence listed above (other than an offence under section 190), because these are prescribed offences the person cannot be a candidate, elected or appointed to an office in an organisation or branch. If the person already holds an office, they cease to hold the office 28 days after conviction (see section 215).