Appendix 1

Provisions of Acts and Regulations relating to key election complaint themes

Local Government Act 2020

Section 3(1)

electoral material means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper that is only announcing the holding of a meeting

Section 3(4)

In this Act, electoral matter means matter which is intended or likely to affect voting in an election, but does not include any electoral material produced by or on behalf of the election manager for the purposes of conducting an election.

Section 3(5)

Without limiting the generality of the definition of electoral matter, matter is to be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on—

(a) the election; or

(b) a candidate in the election; or

(c) an issue submitted to, or otherwise before, the voters in connection with the election.

Section 286 Nomination offence

A person who is not entitled to nominate as a candidate for election under section 256 of the Act must not nominate as a candidate for an election.

PENALTY: 240 penalty units or imprisonment for two years.

Section 287 Printing and publication of electoral material

(1) A person must not print, publish or distribute or cause, permit or authorise to be printed, published or distributed, electoral material unless the name and address of the person who authorised the electoral material is clearly displayed on its face.

PENALTY: In the case of a natural person, 10 penalty units; in the case of a body corporate, 50 penalty units.

Section 288 Misleading or deceptive matter

(1) A person must not— (a) print, publish or distribute; or

(b) cause to be printed, published or distributed—

any matter or thing that the person knows, or should reasonably be expected to know, is likely to mislead or deceive a voter in relation to the casting of the vote of the voter.19

PENALTY: 60 penalty units or imprisonment for six months if the offender is a natural person or 300 penalty units if the offender is a body corporate.

Section 293 False or misleading information

(1) A person must not make a statement knowing that it is false or misleading in a material particular in any information provided orally or in writing in relation to voter enrolment or in any declaration or application in relation to an election under this Act or the regulations.

PENALTY: 600 penalty units or imprisonment for five years.

Section 294 Voting offences

(1) a person must not— (a) forge any ballot-paper, prescribed form or other form or document submitted or lodged in connection with an election; or

(b) utter any forged ballot-paper, prescribed form or other form or document submitted or lodged in connection with an election; or

(c) forge the signature of any person on any ballot-paper, prescribed form or other form or document submitted or lodged in connection with an election.

PENALTY: 600 penalty units or imprisonment for five years.

(3) A person must not in respect of an election in respect to an election—

(a) vote in the name of another person, including a dead or fictitious person; or

(b) vote more than once; or

(c) apply for a ballot-paper in the name of another person.

PENALTY: 600 penalty units or imprisonment for five years.

Section 299 Offence to interfere with postal ballot materials

(1) A person must not interfere with any material being, or to be, sent or delivered to a voter by the VEC at an election.

PENALTY: 600 penalty units or imprisonment for five years.

Section 300 Bribery, treating and undue influence

(2) A person must not— (a) ask for, receive or obtain; or

(b) offer to ask for, receive or obtain; or

(c) agree to ask for, receive or obtain—

any property or benefit of any kind for themselves or any other person, on an understanding that the person’s election conduct will in any manner be influenced or affected.

PENALTY: 600 penalty units or imprisonment for five years.

(4) A person must not, in order to influence or affect a person’s election conduct—

(a) give or confer; or

(b) promise to give or confer; or

(c) offer to give or confer—

any property or benefit of any kind to that other person or to a third person.

PENALTY: 600 penalty units or imprisonment for five years.

Section 301 Interference with political liberty

(1) A person must 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 Act.

PENALTY: 600 penalty units or imprisonment for five years.

Section 304 Prohibition on councillors and council staff

(1) A Councillor or a member of council staff must not use Council resources in a way that— (a) is intended to; or

(b) is likely to—

affect the result of an election under this Act.

PENALTY: 60 penalty units.

(2) A Councilllor or a member of Council staff must not use Council resources to intentionally or recklessly print, publish or distribute or cause, permit or authorise to be printed, published or distributed any electoral material during the election period on behalf of, or purporting to be on behalf of, the Council unless the electoral material only contains information about the election process or is otherwise required in accordance with, or under, any Act or regulation.

PENALTY: 60 penalty units.

19. The terms ‘misleading’ and ‘deceptive’ in this context have been narrowly defined by the courts to refer to the effect and understanding of a voter’s vote rather than the decisions made by the voter as to how they will vote.

Updated