Commonwealth Consolidated Acts

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Control of behaviour at polling booths etc.

  (1)   A person shall not:

  (a)   commit misconduct in premises to which this section applies;

  (b)   while in such premises, disobey a lawful direction given by the person in charge of the premises; or

  (c)   enter or remain in such premises without the permission of the person in charge of the premises.

Penalty:   5 penalty units.

  (2)   This section applies to the following premises:

  (a)   a polling booth;

  (b)   a counting centre;

  (c)   premises in Australia at which an application may be made for a pre - poll vote.

  (3)   Paragraph   (1)(c) does not apply to:

  (a)   a polling official;

  (b)   a scrutineer who is entitled to be on the premises; or

  (c)   in the case of a polling booth--a voter who enters the booth for the purpose of voting and remains no longer than is reasonably necessary for that purpose.

  (4)   The person in charge of premises is:

  (a)   in the case of a polling booth--the presiding officer or substitute presiding officer;

  (b)   in the case of a counting centre--the Australian Electoral Officer, DRO or Assistant Returning Officer conducting the scrutiny at the centre; and

  (c)   in the case of premises at which an application may be made for a pre - poll vote--any pre - poll voting officer at those premises.

  (5)   A person who contravenes subsection   (1) may be removed from the premises by a police officer or by an authorised person.

  (6)   In this section:

"authorised person" means a person acting at the request of the person in charge of premises.

"counting centre" means premises being used for the purpose of the preliminary scrutiny of declaration votes or the scrutiny of ballot papers.

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