Section 462 — Fair Work Act 2009: Interferences etc. with protected action ballot

General (1) A person (the first person) must not do any of the following in relation to a protected action ballot: (a) hinder or obstruct the holding of the ballot; (b) use any form of intimidation to prevent a person entitled to vote in the ballot from voting, or to influence the vote of such a person; (c) threaten, offer or suggest, or use, cause or inflict, any violence, injury, punishment, damage, loss or disadvantage because of, or to induce: (i) any vote or omission to vote; or (ii) any support of, or opposition to, voting in a particular manner; (d) offer an advantage (whether financial or otherwise) to a person entitled to vote in the ballot because of or to induce: (i) any vote or omission to vote; or (ii) any support of, or opposition to, voting in a particular manner; (e) counsel or advise a person entitled to vote to refrain from voting; (f) impersonate another person to obtain a ballot paper to which the first person is not entitled, or impersonate another person for the purpose of voting; (g) do an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; (h) fraudulently put a paper ballot paper or other paper: (i) into a repository that serves to receive or hold paper ballot papers; or (ii) into the post; (ha) fraudulently deliver or send an electronic ballot paper or other document to a repository that serves to receive or hold electronic ballot papers; (i) fraudulently deliver or send a ballot paper or other paper to a person receiving ballot papers for the purposes of the ballot; (j) record a vote that the first person is not entitled to record; (k) record more than one vote; (l) forge a ballot paper or envelope, or utter a ballot paper or envelope that the first person knows to be forged; (m) provide a ballot paper without authority; (n) obtain or have possession of a ballot paper to which the first person is not entitled; (o) request, require or induce another person: (i) to show a ballot paper to the first person; or (ii) to permit the first person to see a ballot paper in such a manner that the first person can see the vote; while the vote is being made, or after the vote has been made, on the ballot paper; (p) do an act that results in a repository that serves to receive or hold ballot papers being destroyed, taken, opened or otherwise interfered with. Note: This subsection is a civil remedy provision (see Part 4-1). Meaning of utter (2) A person is taken to utter a forged document if the person: (a) uses or deals with it; or (b) attempts to use or deal with it; or (c) attempts to induce another person to use, deal with, act upon, or accept it. Obligations of person performing functions or exercising powers for the purposes of a protected action ballot (3) A person (the first person) who is performing functions or exercising powers for the purposes of a protected action ballot must not show to another person, or permit another person to have access to, a ballot paper used in the ballot, except in the course of performing those functions or exercising those powers. Note: This subsection is a civil remedy provision (see Part 4-1).