The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

.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 co~encement 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 co~menceme~t of the
proceeding.
* Any person who-
(1 ) Intrudes into a pollling-booth, not being lawfully entitled to
be in it; or
(2) Wilfully interrupts, obstructs, or disturbs, any proceedings
at an election;
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.
* ~~~~~~~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
expressly authorised by law; or
(b) Wilfully fails to fold up the ballot-paper in such a manner
as to conceal the names of the candidates; or
(e) Wilfully fails to deposit the ballot-paper in the ballot-box in
the presence of the presiding officer;
is guilty of a misdemeanour, and is liable to imprisonment with hard
labour for three years.
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 ~prison~ent
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.