(1) A person shall not hinder or interfere with the free exercise or performance, by any other person, of any political right or duty that is relevant to an election under this Act. Note: Violence, obscene or discriminatory abuse, property damage and harassment or stalking are examples of conduct that may be an offence under this subsection. Penalty: Imprisonment for 3 years or 100 penalty units, or both. (2) A person must not discriminate against another person on the ground of the making by the other person of a donation to a political party, to a State branch or a division of a State branch of a political party, to a candidate in an election or by ‑ election or to a group: (a) by denying him or her access to membership of any trade union, club or other body; (b) by not allowing him or her to work or to continue to work; (c) by subjecting him or her to any form of intimidation or coercion; (d) by subjecting him or her to any other detriment. Penalty: (a) if the offender is a natural person—imprisonment for 2 years or 50 penalty units, or both; or (b) if the offender is a body corporate—200 penalty units. (3) A law of a State or Territory has no effect to the extent to which the law discriminates against a member of a local government body on the ground that: (a) the member has been, is, or is to be, nominated; or (b) the member has been, is, or is to be, declared; as a candidate in an election for the House of Representatives or the Senate. (4) In subsection (3): member of a local government body means a member of a local governing body established by or under a law of a State or Territory.
§ CEA s. 327Interference with political liberty etc.
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