Electoral Act 1993

Registration of electors - Offences

117: Offences in respect of manipulating or processing electoral information

You could also call this:

"Breaking the rules about changing electoral information is against the law"

Illustration for Electoral Act 1993

If you change electoral information in a way that is not allowed, you can commit an offence. This includes using machines to alter information that you got from section 112, section 113, or section 114. You are not allowed to change this information into a different form from how it was given to you.

You are allowed to change the information if you are the person who got it, or if someone is doing it for you, and you use it only for the reasons it was given to you. You are also allowed to change the information if you got it more than 10 years ago.

If you break this rule, you can get a fine of up to $50,000. You also commit an offence if you use or give to someone else information that was changed in a way that is not allowed.

If you use or give this information for a commercial purpose, you can get a fine of up to $50,000, but if it is for another purpose, the fine can be up to $10,000.

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116: Offences relating to use of electoral information, or

"Breaking the rules about using election information can get you fined"


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117A: Offence relating to misuse of electoral information supplied under section 111D, or

"Misusing electoral information is an offence and can result in a fine."

Part 5Registration of electors
Offences

117Offences in respect of manipulating or processing electoral information

  1. Every person commits an offence who processes, manipulates, or otherwise changes by optical scanning or other electronic or mechanical means, any information obtained pursuant to section 112 or section 113 or section 114 or contained in any habitation index or any printed roll, in such a way as to produce that information or part of that information in a different form from that in which it was supplied under this Act.

  2. It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 into a different form if—

  3. the processing or manipulation is done, or the change is effected, by or on behalf of the person by whom the information was obtained; and
    1. the information, in its different form, is used only for purposes authorised by the provision under which it was obtained.
      1. It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 or contained in any habitation index or any printed roll into a different form if the information was obtained under this Act more than 10 years before the date on which the processing or manipulation is done or the change is effected.

      2. Every person who commits a breach of subsection (1) is liable on conviction to a fine not exceeding $50,000.

      3. Every person commits an offence who—

      4. uses for any purpose; or
        1. supplies to any person—
          1. any information the production of which contravenes subsection (1).

          2. Every person who commits a breach of subsection (5) is liable on conviction,—

          3. where the use or supply was for a commercial purpose, to a fine not exceeding $50,000; or
            1. where the use or supply was for any other purpose, to a fine not exceeding $10,000.
              Notes
              • Section 117(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 17(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).