Bob Day (SA, Family First Party) Share this | Hansard source

I move amendment (1) on sheet 7890:

(1) Schedule 1, page 11 (after line 21), after item 39, insert:

39A After section 328B

  Insert:

328C Distributing misleading or deceptive how - to - vote cards

     A person commits an offence if:

  (a) the person distributes a how-to-vote card in relation to a Senate election; and

  (b) the how-to-vote card is distributed during the relevant period in relation to the Senate election; and

  (c) the how-to-vote card is likely to mislead or deceive a voter in relation to marking a Senate ballot paper in a way that is contrary to the ways set out in section 239.

Penalty:    25 penalty units.

328D Offence for publicly advocating certain forms of voting

(1) A person commits an offence if the person publicly advocates, during the relevant period in relation to a Senate election, that a voter should mark a Senate ballot paper in a way that is contrary to the ways set out in section 239.

Penalty:    25 penalty units.

(2) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).

The chamber has tried a number of times in this marathon debate to ascertain whether or not it will be an offence to promote just voting 1 above the line, but to no avail. This amendment will mirror the South Australian electoral law, section 126 of the South Australian Electoral Act, which prohibits the distribution of how-to-vote cards and advertising material that encourage or instruct or in any other way promote a voter to cast their ballot contrary to section 239, which requires more than just 1 in a box. This section, among other things, requires voters to number at least six boxes on the Senate ballot paper above the line or as many as are listed if fewer than six options are available. One only has to look at the underhanded way that Queensland elections allow for advertising that deliberately seeks to exhaust preferences.