Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 462

General

  (1)   A person (the first person ) must not do any of the following in relation to a protected action ballot:

  (a)   hinder or obstruct the holding of the ballot;

  (b)   use any form of intimidation to prevent a person entitled to vote in the ballot from voting, or to influence the vote of such a person;

  (c)   threaten, offer or suggest, or use, cause or inflict, any violence, injury, punishment, damage, loss or disadvantage because of, or to induce:

  (i)   any vote or omission to vote; or

  (ii)   any support of, or opposition to, voting in a particular manner;

  (d)   offer an advantage (whether financial or otherwise) to a person entitled to vote in the ballot because of or to induce:

  (i)   any vote or omission to vote; or

  (ii)   any support of, or opposition to, voting in a particular manner;

  (e)   counsel or advise a person entitled to vote to refrain from voting;

  (f)   impersonate another person to obtain a ballot paper to which the first person is not entitled, or impersonate another person for the purpose of voting;

  (g)   do an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with;

  (h)   fraudulently put a paper ballot paper or other paper:

  (i)   into a repository that serves to receive or hold paper ballot papers; or

  (ii)   into the post;

  (ha)   fraudulently deliver or send an electronic ballot paper or other document to a repository that serves to receive or hold electronic ballot papers;

  (i)   fraudulently deliver or send a ballot paper or other paper to a person receiving ballot papers for the purposes of the ballot;

  (j)   record a vote that the first person is not entitled to record;

  (k)   record more than one vote;

  (l)   forge a ballot paper or envelope, or utter a ballot paper or envelope that the first person knows to be forged;

  (m)   provide a ballot paper without authority;

  (n)   obtain or have possession of a ballot paper to which the first person is not entitled;

  (o)   request, require or induce another person:

  (i)   to show a ballot paper to the first person; or

  (ii)   to permit the first person to see a ballot paper in such a manner that the first person can see the vote;

    while the vote is being made, or after the vote has been made, on the ballot paper;

  (p)   do an act that results in a repository that serves to receive or hold ballot papers being destroyed, taken, opened or otherwise interfered with.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

Meaning of utter

  (2)   A person is taken to utter a forged document if the person:

  (a)   uses or deals with it; or

  (b)   attempts to use or deal with it; or

  (c)   attempts to induce another person to use, deal with, act upon, or accept it.

Obligations of person performing functions or exercising powers for the purposes of a protected action ballot

  (3)   A person (the first person ) who is performing functions or exercising powers for the purposes of a protected action ballot must not show to another person, or permit another person to have access to, a ballot paper used in the ballot, except in the course of performing those functions or exercising those powers.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).