Western Australian Current Acts

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ELECTORAL ACT 1907 - SECT 190

190 .         Electoral offences and punishments

                The matters mentioned in the first column of the table at the foot of this section are electoral offences, punishable as provided in the second column of the table opposite the statement of the offence.

Table of electoral offences and punishments

First Column — Offences

Second Column — Punishments

Falsely personating any person to secure a ballot paper to which the personator is not entitled or personating any other person for the purpose of voting.

Imprisonment not exceeding 2 years.

Fraudulently destroying or defacing any nomination or ballot paper.

Imprisonment not exceeding 2 years.

Fraudulently putting any ballot or other paper into the ballot box.

Penalty not exceeding $6 000.

Fraudulently taking any ballot paper out of any polling place.

Penalty not exceeding $6 000.

Forging or uttering, knowing the same to be forged, any nomination or ballot paper.

Imprisonment not exceeding 2 years.

In any polling place on polling day, or in any counting place, misconducting himself, or failing to obey the lawful directions of the presiding officer.

Penalty not exceeding $1 000.

Supplying ballot papers without authority.

Penalty not exceeding $6 000.

Unlawfully destroying, taking, opening, or otherwise interfering with ballot boxes or ballot papers.

Imprisonment not exceeding 9 months.

Voting more than once at the same election.

Imprisonment not exceeding 12 months.

Wilfully making a false statement in any objection to any claim or to any name on the roll.

Imprisonment not exceeding 12 months.

Wagering on the result of any election.

Penalty not exceeding $1 000.

Wilfully defacing, mutilating, destroying, or removing any notice, list, or other document affixed by any returning officer or by his authority.

Penalty not exceeding $1 000.

Wilfully making false statement in any claim other than a false statement as to any qualification required by section 17(1)(a) or (c), or wilfully making false statement in any application, return, or declaration, or in answer to a question under this Act.

Imprisonment not exceeding 12 months.

Wilfully making false statement in any claim as to any qualification required by section 17(1)(a) or (c).

Penalty not exceeding $1 000.

Signing as the claimant on a claim to be enrolled as an elector the name of any other person with or without the authority of such person.

Imprisonment not exceeding 12 months.

Distributing any advertisement, handbill, or pamphlet published in contravention of section 187.

Penalty not exceeding $1 000.

The wearing or displaying by an officer or scrutineer in a polling place on polling day of any badge or emblem of a candidate or political party.

Penalty not exceeding $50.

During the polling at any election wilfully taking any ballot paper out of a polling place except to one of the voting compartments.

Penalty not exceeding $1 000.

Any contravention of this Act for which no other punishment is provided.

Penalty not exceeding $1 000.

        [Section 190 amended: No. 5 of 1918 s. 4; No. 63 of 1948 s. 27; No. 57 of 1952 s. 13; No. 68 of 1964 s. 38; No. 113 of 1965 s. 8; No. 33 of 1967 s. 17; No. 39 of 1979 s. 27; No. 31 of 1982 s. 5; No. 9 of 1983 s. 23; No. 79 of 1987 s. 72; No. 78 of 1995 s. 147; No. 50 of 2003 s. 56(4); No. 74 of 2003 s. 47(3); No. 64 of 2006 s. 46.]



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