Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 462

Interferences etc. with protected action ballot

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).



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