Section Number

Nature of the Offence

Current Penalty

Possible Change

78

Improper influence of a member of a Redistribution Committee

$2,000 or imprisonment for 12 months, or both

91A(1)

Prohibition on the improper use of information from the Roll

100 penalty units

91B(2)

Prohibition on the disclosure of protected information from the Roll

1,000 penalty units

91B(3)

Prohibition on the improper use of protected information from the Roll

1,000 penalty units

101(6)

Failure to enrol to vote or to transfer enrolment when there is a change in the place of living

1 penalty unit and a strict liability/absolute liability offence depending on type of enrolment claim

103

Penalty on an officer neglecting to enrol claimants

$1,000

187(1)

Breach of the duty of a witness to a postal vote application

$500

189B(2)

Prohibition on the improper disclosure of information from the electronic list of postal vote applicants

1,000 penalty units

189B(3)

Prohibition on the commercial use of information from the electronic list of postal vote applicants

1,000 penalty units

195

Interference with a postal vote ballot paper

$1,000

196

Prohibition on any person other than an AEC officer opening a envelope containing a postal vote ballot paper

$500 and strict liability

197

Failure to post or deliver postal vote application or a postal vote ballot paper

$1,000

200DB(1)

Offence for scrutineer interfering or influencing elector in pre-poll voting office

Imprisonment for 6 months

200DB(2)

Offence for scrutineer communicating with some else at pre-poll voting office where that communication is not necessary for the discharge of the functions of a scrutineer

Imprisonment for 6 months

200J

Prohibition on any person other than an AEC officer opening a pre-poll voting envelope

$500 and strict liability

200K

Breach of obligations on person present when an elector signs a pre-poll certificate or marks a ballot paper

$1,000

218

Prohibition on scrutineers interfering or influencing electors within a polling booth

$1,000 or imprisonment for 6 months, or both

245

Failure to vote without a valid and sufficient reason

245(5) administrative penalty $20

245(15) $50 penalty imposed by court and a strict liability offence

245(15C) $50 penalty imposed by court for false or misleading information in response to a penalty notice for failure to vote 

271

Prohibition on officers marking ballot papers which would enable a voter to be identified

$1,000

315(1) and (1A)

Failure to lodge donor returns, election returns and annual returns relating to election funding and disclosure matters

$5,000 for agent of a political party and $1,000 for all others – strict liability offence

120 penalty units

315(2) and (2A)

Lodging an incomplete return or failing to retain relevant records

$1,000 and strict liability offence

120 penalty units

315(3)

Lodging of a return by the agent of a political party that is false or misleading in a material particular.

A fine not exceeding $10,000

Imprisonment for 2 years or 240 penalty units or both

315(4)

Lodging of a return by persons other than political party agent that is false or misleading in a material particular

A fine not exceeding $5,000

Imprisonment for 12 months or 120 penalty units or both

315(6A)

Prohibition on persons providing false or misleading information in relation to a claim for election funding

$1,000

Imprisonment for 2 years or 240 penalty units or both

315(7)

Prohibition on persons providing false or misleading information in a person who is required to lodge a return

$1,000

Imprisonment for 12 months or 120 penalty units or both

315(8)

Additional daily penalty of $100 for failing to lodge a return within the required period

$100 per day

1 penalty unit per day

315(10)

Cap on the total penalty that may be imposed

316(5), (5A) and (5B)

Refusing or failing to comply with a notice from an authorized officer to produce information relating to an investigation

$1,000 and strict liability offence

Imprisonment for 12 months or 60 penalty units or both

316(6)

Prohibition on persons providing false or misleading information in response to a notice

$1,000 or imprisonment for 6 months, or both

Imprisonment for 12 months or 60 penalty units or both

323

Officers and scrutineers to observe secrecy in relation to the identification of electors who have voted

$1,000 or imprisonment for 6 months, or both

Maximum penalty of 50 penalty units or imprisonment for 10 months or both

324

Officers not to contravene a provision of the Act for which no other penalty applies or contravenes a direction given under the Act

$1,000

Maximum penalty 50 penalty units

325(1) &(2)

Officers not to influence the vote of another person

$1,000 or imprisonment for 6 months, or both

Maximum penalty of 50 penalty units or imprisonment for 10 months or both

325A

Proprietors and employees in hospitals and nursing homes not to influence the votes of patients and residents

$1,000 or imprisonment for 6 months, or both

Maximum penalty of 50 penalty units or imprisonment for 10 months or both

326 (1) & (2)

Bribery for votes and support

$5,000 or imprisonment for 2 years, or both

Maximum penalty of 240 penalty units or imprisonment for 4 years or both

327(1)

Interference with any political right or duty

$1,000 or imprisonment for 6 months, or both

Maximum penalty of 240 penalty units or imprisonment for 4 years or both

327(2)

Discrimination against persons who have given donations to a political party or candidate

Offender is a natural person - $5,000 or imprisonment for 2 years

Offender is a body corporate - $20,000

Maximum penalty of 240 penalty units or imprisonment for 4 years or both

328

Failure to include authorization details on printed electoral advertisements

Offender is a natural person – a fine not exceeding $1,000

Offender is a body corporate – a fine not exceeding $5,000

Maximum penalty of 50 penalty units for a natural person or a maximum penalty of 250 penalty units for a body corporate

328A

Failure to include authorization details on paid for electoral advertisements published on the Internet 

10 penalty units

Maximum penalty of 50 penalty units for a natural person or a maximum penalty of 250 penalty units for a body corporate

329

Prohibition on certain types of misleading or deceptive publications during the election period

Offender is a natural person – a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months or both

Offender is a body corporate – a fine not exceeding $5,000

Maximum penalty of 50 penalty units for a natural person or a maximum penalty of 250 penalty units for a body corporate

330

Prohibition on making false or misleading  statements about the enrolment of an elector on polling day

$1,000 or imprisonment for a period not exceeding 6 months or both

Maximum penalty of 50 penalty units or imprisonment for 10 months or both

331(1)

Failure to include the word “advertisement” as a headline for electoral advertisements in the print media

5 penalty units

Maximum penalty of 25 penalty units

331(2)

Failure to include the word “advertisement” as a headline for electoral advertisements that take up 2 opposing pages in the print media

$500

Maximum penalty of 25 penalty units

334(1) and (2A)

Depiction of certain electoral matter directly on public property and locations

$1,000 and a strict liability offence

Maximum penalty of 25 penalty units and a strict liability offence

335

Leaving How to Vote material in a polling booth

$500

Maximum penalty of 25 penalty units

336

Prohibition on making the signature of another person on an electoral paper

$1,000

Maximum penalty of 50 penalty units

337(1)

Falsely witnessing any electoral paper

Imprisonment for 12 months

Maximum penalty of 240 penalty units or imprisonment for 4 years or both

338

Unlawfully marking ballot papers

$1,000 or imprisonment for 6 months, or both

Maximum penalty of 50 penalty units or imprisonment for 10 months or both

339(1)

Other offences in relation to nomination papers and ballot papers

Imprisonment for 6 months

Maximum penalty of 50 penalty units or imprisonment for 10 months or both

339(1A) and (1B)

Prohibition on a person voting more than once in an election

10 penalty units and a strict liability offence

Maximum penalty of 50 penalty units and a strict liability offence

339(1C)

Prohibition on a person intentionally voting more than once in an election

60 penalty units or imprisonment for 12 months, or both

Maximum penalty of 240 penalty units or imprisonment for 4 years or both

339(2)

Prohibition on any act that results in the defacement or destruction of a notice list or other document affixed under the authority of a DRO

$500

Maximum penalty of 25 penalty units

340(1) and (2)

Prohibition on canvassing within 6 metres of a polling booth

$500

Maximum penalty of 25 penalty units

341(1) and (2)

Prohibition on officers and scrutineers wearing political badges or emblems in a polling booth

$1,000 and a strict liability offence

Maximum penalty of 50 penalty units and a strict liability offence

342

Breach of the duty of a witness to enrolment claim

$1,000

Maximum penalty of 240 penalty units or imprisonment for 4 years or both

343

Breach of duty to forward claims for enrolment  to a DRO

$1,000 and a strict liability offence

Maximum penalty of 50 penalty units and a strict liability offence

345(3)

Breach of duty on employers to allow an employee time off (of up to 2 hours) for the purpose of voting

Offender is a natural person – $500

Offender is a body corporate – $2,500

Maximum penalty of 50 penalty units for a natural person or a maximum penalty of 250 penalty units for a body corporate

346(1)

Prohibition on making or possessing any papers with the “official mark” that is used on ballot papers without lawful authority

$1,000

Maximum penalty of 50 penalty units

347(1)

Disorderly behaviour at any lawful public political meetings held in relation to the election of MPs during the election period

$500

Maximum penalty of 25 penalty units

347(4)

Prohibition on a person who has been removed from a public political meeting for being disorderly returning to the meeting

$1,000 or imprisonment for 6 months, or both

Maximum penalty of 50 penalty units or imprisonment for 10 months or both

348(1)

Prohibition on misconduct at a polling booth

$500

Maximum penalty of 25 penalty units

351(1)

Prohibition on the publication of certain unauthorised statements purporting to be made on behalf of candidates

Offender is a natural person – $1,000

Offender is a body corporate – $5,000

Maximum penalty of 50 penalty units for a natural person or a maximum penalty of 250 penalty units for a body corporate

384

Offence under section 315(3) and 326 are indictable offences which may be dealt with by a court of summary jurisdiction with decreased penalties

315(3) – a fine not exceeding $5,000

326 – a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months or both