cers. Any persona who, being employed in the Public Service, communicates to any person otherwise than in the course of his official duty any plans, documents, or other information, relating to any battery, field work, or fortification, in Queensland, or relating to any other defence of Queens- land, is guilty of a misdemeanour.
If he does so advisedly, he is liable to imprisonment for three years.
5 2 SS. 85-89 CRIMINAL CODE
If he does so by negligence, he is liable to imprisonment for one year, or to a fine of two hundred dollars.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
8 efemces. Any person who
procures any p wice to make any such
communication as is mentioned in the last preceding section, or without lawful a u t ~ o r ~ t ~ obtains information as to any such matter as is therein mentioned, is guilty of a misd~meanour, and is liable to imprisonment for three years.
crets. Any person who, being employed in the Public Service, publishes or communicates any fact which comes to his knowledge by virtue of his office and which it is his duty to keep secret, or any document which comes to his possession by virtue of his ofice and which it is his duty to keep secret, except to some person to whom he is bound to publish or communicate it, is guilty of a
~ ~ s d e m e a ~ o u r , and is liable to imprisonment for two years.
CHAPTER XIIIZQRRUPTION AND ABUSE OF OFFICE Any person who-
Being employed in the Public Service, or being the holder of any public office, and being charged with the performance of any duty by virtue of such employment or o&ce, not being a duty touching the administration of justice, corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person on account of any thing allready done ox omitted to be done, or to be afterwards done or omitted to be done, by him in the discharge of the duties of his office; or
Corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for, any person employed in the Public Service, or being the holder of any public office, or to, upon, or for, any other person, any property or benefit of any kind on account of any such act or omission on the part of the person so employed or holding such office;
a crime, and is liable to immisonment with hard labour for seven years, and to be fined at the discrition of the Court.
The ofEender cannot be anested without warrant.
88. E x ~ 5 r ~ ~ m cers. Any person who, being employed in the Public Service, takes or accepts from any person, for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any promise of such reward, is guilty of a misdemeanour, and is liable to imprisonment for three years.
89. ~ ~ n ~ ~ c ~ s . Any person who, being employed in the Public Service, knowingly acquires or holds, directly or indirectly, otherwise than as a member of a registered joint stock company consisting of more than twenty persons, a private interest in any contract or agreement which is made on account of the Public Service with respect to any matter concerning the department of the Service in which he is employed, is guilty of a misdemeanour, and is liable to imprison.
Dent for three years, and to be fined at the discretion of the Court.
CRIMINAL CODE SS. 90-95 53
ers wit h l
or wid in
the Public Service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade, or business, of a special character, and having acquired or holding, directly or indirectly, a private interest in any such property, manufacture, trade, or business, discharges any such duties with respect to the property, manufacture, trade, or business, in which he has such interest, or with respect to the conduct of any person in relation thereto, is guilty of a misdemeanour, and is liable to i ~ p r i s o ~ ~ n t for one year, and to be fined at the discretion of the Court.
ciak Any person who, being employed in the capacity as to require him or to enable him to furnish returns or statements touching any remuneration payable or claimed to be payable to himself or to any other person, or touching any other matter required by law to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which. is, to his knowledge, false in any material particular, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years.
ce. Any person who, being employed in the Public Service, does or directs to be done, in abuse of the authority of his ofice, any arbitrary act prejudiGia1 to the rights of another is guilty of a
~ ~ s ~ e m e a ~ o u ~ , and is liable to imprisonment for two years.
If the act is done or directed to be done for purposes of gain, he is liable to imprisonment with hard labour for three years.
se Any person who, being duly under any Statute to be a valuator for determining the C Q ~ - to be paid to any person for land compulsorily taken from him
authority of any Statute, or for injury done to any land under of any Statute-
(1) Acts as such valuator while he has, to his knowledge, interest in the land in question; or
unfaithfully, dishonest~y, or with partiality, the alring a valuation of the land or of the extent of is guilty of a misdemeanour, and is liable to imprisonment for three years.
the injury;
cess. Any person who, being certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material
~ ~ i c u l a r is guilty of a misdemeanour, and is liable to imprisonment with bard labour for three years.
9 ~=~~~~~~~~ s. Any person who administers an
oath, or takes a solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not by law any authority to do so, is guilty of a misdemeanour, and is liable to imprisonment for one year.
54 ss. 96-88 CRIMINAL CODE
This section does not apply to an oath, declaration, affirmation, or affidavit, administered or taken before a justice in any matter relating to the preservation of the peace or the punishment of offences, or relating to inquiries respecting sudden death, or to proceedings before either ‘ House of Parliament or a Committee of either House; nor to an oath, declaration, affirmation, or affidavit, administered or taken f
purpose which is lawful under the laws of another country, or purpose of giving validity to an instrument in writing which is i to be used in another country.
or@. Any person who-
justice assumes to act as a ju s 1’ ice; or
(2) Without authority assumes to act as a person having authority by law to administer an oath or take a solemrm declaration or affirmation or affidavit, or to do any other act of a public nature which can oiily be done by persons authorised by law to do so; or
( 3 ) Represents himself to be a person authorised by law to sign a document testifying to the contents of any register or record kept by lawful authority, or testifying to any fact or event, and s i p s such document as being so authorised, when he is not, and knows that he is not, in fact, so a u t ~ o r i s e ~ ; is guilty of a misdemeanour, and is liable to imprisonment with I??
labour for three years.
cers. Any person who-
tes any person employed in the Public Service om an occasion when the latter is required to do any act or ten^
in any place by virtue of his employment; or (2) Falsely represents himself to be a person employ
Public Service, and assumes to do any act or to
any place for the purpose of doing any act by virtue of such employment ;
is guilty of a ~ s ~ e m e a n o ~ r , and is liable to imprisonment with labour for three years.
warrant.
A person found committing the offence may be arrested without CHAPTER XIV-CORRUPT AND IMPROPER PRACTICES AT ELECTIONS
tioams. In this Chapter-
The term “election” includes any election held under the a u t ~ o ~ ~ t y of any Statute providing for the choice of persons to fill any ofice or place of a public character;
The term “elector” includes any person entitled to vote at an election;
The term “municipal election” includes any election held under m y laws relating to local government;
The term “ballot box” includes any receptacle in which voting-papers are put before being counted at an election;
The term “polling-booth’’ includes any room or place in which voting at an election is conducted or in which the votes are counted.
CRIMINAL CODE $Ss.99-P83 55
e ~ ~Any person who votes or attempts to vote o ~ ~ ~ ~ ~ . in the name ther person at an election, whether the name is that of a person living or dead or of a fictitious person, is guilty of a crime, and is liable to imprisonment with hard labour for two years.
4 le Voting. Any person who, being an elector, votes or a vote at an election oftener than he is entitled to vote at the election is guilty of a crime, and is liable to i m ~ r i s o n ~ e n t with hard labour for two years.
I. ~~~~~~~~~ Any person who-
(1) Corrtiptly, before, during, or after, an election, provides, or pays in whole or part the expense of providing, any food, drink, or lodging, to or for any person on account of any- thing already dome or omitted to be done, or to be afterwards done or omitted to be done, by an elector at the election in the capacity of an elector; or
(2) Being an elector, corruptly receives any food, drink, or lodging, on account of any such act or omission;
is guilty of a misdemeanour, and is liable to i m ~ ~ ~ s ~ ~ e n t with hard labour for one year, or to a fine of four hundred dollars.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
aence, Any person who-
(1) Uses or threatens to use any force or restraint, or does or threatens to do any temporal or spiritual injury, or causes or threatens to cause any detriment of any kind, to an elector in order to induce him to vote or refrain from voting at an election, or on account of his having voted or refrained from voting at an election; or
(2) By force or fraud prevents or obstructs the free exercise of the franchise by an elector, or by any such means compels or induces an elector tu vote or refrain from voting at an election;
lty of a misdemeanour, and is liable to imprisonment with hard for one year, or to a fine of four hundred dollars.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
my. Any person who-
(1) Gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for, any person any property or benefit of any kind on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by an elector at an election in the capacity of an elector, or on account of any person acting or joining in a procession during an election, or in order to induce any person to endeavour to procure the return of any person at an election, or the vote of any elector at an election; or
(2) Being an elector, asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything already done or omitted to be done, or to be a€terwards dome or omitted to be done, by him at an election in the capacity of an elector; or
56 ss. 104, 105 CRIMINAL CODE
( 3 ) Asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person on account of a promise made by him OF any other person to endeavour to procure the return of any person at an election, or the vote of any person at an election;
or
(4) Advances or pays any money to or to the use of any otber person with the intent that such money shall be applied for any of the purposes hereinbefore in this section mentioned, or in discharge or repayment of money wholly or in part applied for any such purpose; or
(5) Corruptly transfers or pays any pro erty or money to any person for the purpose of enabling that person to be registered as an elector, and thereby of influencing the vote of that person at a future election; or
(6) Is privy to any such transfer or payment as last-mentioned which is made for his benefit,
is guilty of a misdemeanour, and is liable to imprisonment with hard labour for one year, or to a fine of four hundred dollars.
As amended by Act of 1973, No. 8, s. 25.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
ces. Any person convicted of any of the offences defined in the five last preceding sections committed with respect to a parliamentary election becomes incapable, for three years from the date of the conviction, of being registered as an elector or of voting at any parliame~tary election or of holding any judicial ofice; and, if he holds any such office, the office is vacated.
He also becomes incapable for the like period of being appointed to or of sitting in the Legislative Council, and of being elected to or of
sitting in the hgislative Assembly; and, if at the time of the ~ n v i c ~ o ~ he is a member of either House, his seat is vacated.
Any person convicted of any such offence committed with respect to a municipal election becomes incapable, for two years from the date of the conv~ction, of holding any municipal office, and, if he holds any such oace, the office is vacated.
% ces. Any person who-
(1) Being prohibited by law from voting at an election, and knowing that he is so prohibited, votes at the election; or ( 2 ) Procures any person who is, and whom he knows to be,
prohibited from voting at an election to vote at the election;
( 3 ) Before or during an election, and for the puipose of promoting or procuring the choice of any candidate at the election, knowingly publishes a false statement of the with- drawal of another candidate at the election; or
(4) Before or during an election, and for the purpose of affecting the return of a candidate at the election, knowingly publishes a false statement of fact respecting the personal character or conduct of the candidate; or
O r
CRIMINAL CODE ss. 106, 107 57 ( 5 ) Being a candidate at an election, withdraws from being a candidate in consideration of a payment or promise of payment; or
(6) Being a candidate or the agent of a candidate at an election, corruptly procures any other person to withdraw from being a candidate at the election in consideration of any payment or promise of payment;
is guilty of a misdemeanour, and is liable to imprisonment for one year, or to a fine of four hundred dollars.
If the offence was committed with respect to a parl~am~ntary election, the offender also becomes incapable, for two years from the date of the conviction, of being registered as an elector for the electoral district for which the election with reference to which the offence was committed was held, and of voting at any election held for that district.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
PO
e-. Any person w ho-rovides money for any payment which is con- trary to any law relating to elections, or for replacing any money which has been expended in any such payment, and which is not allowed by law to be an exception; or
(2) Prints, publishes, or posts, any bill, placard, or poster, which has reference to an election, and which does not bear on the face of it the name and address of the printer and publisher; or
( 3 ) Hires or uses for a committee-room at an election-
(a) Any part of a house licensed for the sale of fermented or spirituous liquors; or
(b) Any part of any premises where any intoxicating liqucrr is sold or supplied to members of a club, society, or association, which is not a permanent political club; d e s s in either case, it is a part which has a separate entrance, and has no direct communication with any part of the premises in which intoxicating liquor is sold, and is a part ordinarily let for the purpose of chambers or offices or for holding public meetings or arbitrations; or
(4) Knowing that fie! same are intended to be used as a such is guilty of an offence, and is liable on summary conviction to a fine of two hundred dollars.
If the offence was committed with respect to a parliamentary election, and the offender was a candidate or the agent of a candidate at the election, he also incurs the same incapacity as a person convicted of any of the offences defined in the last preceding section committed with respect to a parliamentary election.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965,
107. ~Q~~~~ tU!4 egal ~ ~ a ~ ~ ~ ~ ~ s : committee-room at an election, lets any part of any premises, not being such a part as aforesaid, for such use;
e. A prosecution for any of the offences hereinbefore defined in this Chapter must be begm within one year after the offence is committed, or, if it is committed with respect to a parliamentary election with respect to which a petition is tried by the
.58 ss. PO$-lPB CRIMINAL CODE
Elections Tribunal, within three months after the report of the Elections Tribunal is made, whichever period last expires, so that it is begun within two years after the offence is committed.
The service or execution of process on or against the alleged offender is deemed to be the c o ~ e n c e m e n t of the prosecution, unless such service or execution is prevented by some act on his part, in which case the issue of the process is deemed to be the c o ~ m e n c e m e ~ t of the proceeding.
* Any person who-
(1 ) Intrudes into a pollling-booth, not being lawfully entitled to ( 2 ) Wilfully interrupts, obstructs, or disturbs, any proceedings is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years.
A person found cominitting the offence may be arrested without warrant by direction of the presiding officer.
be in it; or at an election;
* ~~~~~~~S attern ting $0 ~i~~~~~ ~~~~~~~ ef
~~~~~.
Any person who, having received a ballot-paper from the presiding officer at an election-(a) Wilfully makes on the ballot-paper any mark or writing not (b) Wilfully fails to fold up the ballot-paper in such a manner (e) Wilfully fails to deposit the ballot-paper in the ballot-box in is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years.
expressly authorised by law; or
as to conceal the names of the candidates; or the presence of the presiding officer;
ind. Any person who-
(1) Takes or attempts to take a ballot-paper out of a polling- booth; or
(2) Whilst an elector is preparing his ballot-paper in a cornpart- rnent provided for the use of electors actually voting, wiEully intrudes into the compartment;
is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years.
A person found committing the offence may be arrested without warrant by direction of the presiding officer.
CDXCS. Any person who places, or is privy to placing, in a ballot-box a ballot-paper which has not been lawfully handed to and marked by an elector is guilty of a crime, and is liable to ~ p r i s o n ~ e n t with hard labour for seven years.
Proof that, at the conclusion of a poll, a greater number of ballot- papers is found in a ballot-box in use at a polling-booth, or is returned by the person who acted as presiding officer at a polling-booth as having been received at the polling-booth, than the number of electors who voted at that polling-booth is sufficient evidence that the person who acted as presiding officer at that polling-booth was guilty of either of the offences defined in this section, until the contrary is shown.