Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The returning officer for an election may direct a person to leave the place where the count is being conducted if the person:
(a) is not entitled to be present, or to remain present, at the count; or
(b) being entitled to be present, interrupts the count, except as provided by subregulation (2).
(2) A candidate's scrutineer may interrupt the count and so inform the returning officer if the scrutineer:
(a) objects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or
(b) considers that an error has been made in the conduct of the count.
(3) A person who does not comply with a direction given to him or her under subregulation (1) is guilty of an offence.
(4) However, it is a defence to a prosecution for an offence against subregulation (3) if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).
(5) An offence against subregulation (3) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .