38. Is there a ban on vote buying?

Australia

Australia

Answer
Yes
Source

Australian Electoral Commission, 'Electoral Backgrounder: Influencing Votes' 8 April, 2010

http://www.aec.gov.au/About_AEC/Publications/backgrounders/influencing-votes.htm

Comment

There is a prohibition against 'electoral bribery' implicit in S.326  that has been given scope by interpretation through various State Supreme Court cases. "Section 326 of the Act provides that a person cannot ask for, receive or obtain, or give or confer, any property or benefit with the intention of influencing the vote or candidature of a person at a federal election. The electoral bribery offence does not apply to declarations of public policy or promises of public action...The findings in these [court] cases suggest that s. 326 of the Act is directed at the giving or conferring or promising to a person of any property or benefit, by a candidate, with the direct intention of influencing or affecting the way a person votes by generating feelings of gratitude or obligation."

Close tooltip