What penalties are envisioned for offences related to incentive driven voter coercion?

Electoral Act 1989

PART IV - ELECTION OFFENCES

21 Bribery.
 

 (1) Every person commitsthe offence of bribery who, directly or indirectly, by himself or by any otherperson on his behalf —

(a) gives any money orvaluable gift to or for any elector, or to or for any other person on behalf ofany elector or to or for any other

person, in order to induceany elector to vote or refrain from

voting; or

(b) corruptly does any actas aforesaid on account of any elector having voted or refrained from voting;or

(c) gives any money orvaluable gift as aforesaid to or for any person in order to induce that personcorruptly to

procure, or to try toprocure, the return of any person at an election or the vote of any elector; or

(d) in consequence of anysuch gift as aforesaid, procures, or engages, promises or tries to procure, thereturn of any person at any election or the vote of any elector; or

(e) advances or pays orcauses to be paid any money to or to the use of any other person with theintent that money or any part thereof shall be expended in bribery at anyelection; or

(f) knowingly pays orcauses to be paid any money to any person in discharge or repayment of anymoney wholly or in part expended in bribery at any election; or

(g) receives before orafter an election, or agrees or contracts for any money or valuable gift forhimself or any other person for voting or agreeing to vote or refraining oragreeing to refrain from voting or inducing any other person to so vote orrefrain from voting.

(2) In this section, areference to giving money or valuable gift includes a reference to giving,lending, agreeing to give or lend, offering, promising or promising to procureor try to procure, any money or valuable gift.

(3) For the purposes ofthis section, any money or valuable

gift given or offered oragreed to be given (in the absence of good consideration) to any person (excepta person named in section 24(3) within 3 months of any election by or on behalfof a candida

te, shall be deemed to havebeen given or offered or agreed to be given for the purpose of influencing thevote, unless the contrary be proved.

(4) Every person whocommits bribery is guilty of an offence and is liable to a fine not exceeding$2000 or to imprisonment for a term not exceeding 3 years, or to both such fineand imprisonment.

(5) If any candidate isconvicted of bribery, whether before or after the relevant election, and he iselected as a representative at that election, the court shall declare theelection of that representative to be void and if he has already taken his seatin the Legislative Assembly, he shall be unseated by the Assembly.

(6) Any person who believesthat an offence under this section has been committed, may report the circumstancesto the Supervisor who shall —

(a) immediately call uponthe alleged offender for an explanation;

(b) investigate thecomplaint;

(c) if satisfied that thereare goo

d grounds for complaint,notify the

Attorney - General whoshall, if he considers that there are good

grounds, prosecute thealleged offender.

A finenot exceeding $2000 and/or imprisonment for 3 years. Also, declare the candidate's election to be void and if he has already taken his seat in the Legislative Assembly he shall be unseated by the Assembly.