197Interfering with or influencing voters

1. Every person commits an offence and shall be liable on conviction to a fine not exceeding $20,000 who at an election—

2. in any way interferes with any elector, either in the polling place or while the elector is on the way to the polling place with the intention of influencing the elector or advising the elector as to the elector’s vote:
3. at any time on polling day before the close of the poll in or in view or hearing of any public place holds or takes part in any demonstration or procession having direct or indirect reference to the poll by any means whatsoever:
4. at any time on polling day before the close of the poll makes any statement having direct or indirect reference to the poll by means of any loudspeaker or public address apparatus or cinematograph or television apparatus:
5. at any time before the close of the poll, conducts in relation to the election a public opinion poll of persons voting before polling day:
6. at any time on polling day before the close of the poll, conducts a public opinion poll in relation to the election:
7. at any time on polling day before the close of the poll, or at any time on any of the 3 days immediately preceding polling day, prints or distributes or delivers to any person anything being or purporting to be in imitation of any ballot paper to be used at the poll and having thereon the names of the candidates or the parties or any of them, together with any direction or indication as to the candidate or party for whom or for which any person should or should not vote, or in any way containing any such direction or indication, or having thereon any matter likely to influence any vote:
8. at any time on polling day before the close of the poll exhibits in or in view of any public place, or publishes, or distributes, or broadcasts,—
   1. any statement advising or intended or likely to influence any elector as to the candidate or party for whom the elector should or should not vote; or
   2. any statement advising or intended or likely to influence any elector to abstain from voting; or
   3. any party name, emblem, slogan, or logo; or
   4. any ribbons, streamers, rosettes, or items of a similar nature in party colours:
9. at any time on polling day before the close of the poll prints or distributes or delivers to any person any card or paper (whether or not it is an imitation ballot paper) having thereon the names of the candidates or the parties or any of them:
10. exhibits or leaves in any polling place any card or paper having thereon any direction or indication as to how any person should vote or as to the method of voting:
11. subject to any regulations made under this Act, at any time on polling day before the close of the poll, within, or at the entrance to, or in the vicinity of, any polling place,—
    1. gives or offers to give any person any written or oral information derived from a main or supplementary roll as to any name or number on the main roll or any supplementary roll being used at the election:
    2. permits or offers to permit any person to examine any copy of the main roll or any supplementary roll being used at the election:
12. in respect of an advance voting place or a buffer zone, as defined in section 197A(10), does any of the things prohibited in that section.

13. It shall be a defence to a prosecution for an offence against subsection (1)(g) that relates to the exhibition in or in view of a public place of a statement, name, emblem, slogan, or logo, if the defendant proves that—

14. the exhibition was inadvertent; and
15. the defendant caused the exhibition to cease as soon as the defendant was notified by a Returning Officer or a manager of the polling place that the exhibition was taking place.

16. It is a defence to a prosecution for an offence against paragraph (g) of subsection (1) that relates to the publication on an Internet web site of a statement or other material specified in that paragraph, if the defendant proves that—

17. the statement or material was placed on the web site before polling day; and
18. the defendant did not operate or permit the operation of systems that cause the statement or material on the web site to be made available, on polling day, to persons other than persons who voluntarily access the web site; and
19. the defendant did not, on polling day, distribute, broadcast, or exhibit in or in view of a public place, or publish, or at any time cause to be published, in an issue of a newspaper or magazine that is first issued on polling day any material promoting or advertising the web site.

20. It is a defence to a prosecution for an offence against subsection (1)(k) that relates to the exhibition of a statement, name, emblem, slogan, or logo in an advance voting place or a buffer zone if the defendant proves that—

21. the exhibition was inadvertent; and
22. the defendant caused the exhibition to cease as soon as the defendant was notified by the Electoral Commission or a manager of the advance voting place that the exhibition was taking place.

23. Nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this Act.