201 Offences in respect of ballot papers and ballot boxes

(1)

Every person commits an offence against this section who—

(a)

forges, or counterfeits, or fraudulently defaces, or fraudulently destroys any ballot paper, or the official mark on any ballot paper:

(b)

without due authority supplies any ballot paper to any person:

(c)

fraudulently puts into any ballot box any paper other than the ballot paper that he or she is authorised by law to put therein:

(d)

fraudulently takes out of a polling place any ballot paper:

(e)

without due authority destroys, takes, opens, or otherwise interferes with any ballot box, or box or packet or parcel of ballot papers, then in use for the purposes of an election, or in course of transmission by post or otherwise, or thereafter whenever the same may be kept as a record of the election.

(2)

Every person who commits an offence against this section shall be liable on conviction,—

(a)

if a Returning Officer or a polling place official in attendance at a polling place, to imprisonment for a term not exceeding 2 years:

(b)

if any other person, to imprisonment for a term not exceeding 6 months.

(3)

Every person who attempts to commit any offence against this section shall be liable on conviction to imprisonment for a term not exceeding one-half of the longest term to which a person committing the offence may be sentenced.

(4)

Every person who commits an offence against this section or who attempts to commit an offence against this section is guilty of a corrupt practice.

Compare: 1956 No 107 s 130; 1990 No 1 s 68

Section 201(1)(a): amended, on 6 December 1995, by section 71(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 201(1)(b): amended, on 6 December 1995, by section 71(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 201(1)(c): amended, on 6 December 1995, by section 71(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 201(1)(d): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 201(1)(d): amended, on 6 December 1995, by section 71(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 201(1)(e): amended, on 6 December 1995, by section 71(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 201(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 201(2)(a): substituted, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 201(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).