Commonwealth Numbered Acts

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REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 135

Misconduct, &c., in polling booth

135. (1) A person shall not-

   (a)  misconduct himself in a polling booth;

   (b)  fail or refuse to obey, in a polling booth, the lawful directions of
        the presiding officer at the polling booth; or

   (c)  not being a person who is-

        (i)    a presiding officer, an assistant presiding officer or a poll
               clerk;

        (ii)   a scrutineer who is entitled to be present in the
               polling booth; or

        (iii)  an elector who is voting or is about to vote,

enter or remain in a polling booth without the permission of the presiding
officer at the polling booth.

Penalty: $500.

(2) A person who-

   (a)  misconducts himself in a polling booth;

   (b)  fails or refuses to obey, in a polling booth, the lawful directions of
        the presiding officer at the polling booth; or

   (c)  not being a person referred to in sub-paragraph (1) (c) (i), (ii) or
        (iii), remains in a polling booth without the permission of the
        presiding officer at the polling booth, may be removed from the
        polling booth by a constable or by a person authorized by the
        presiding officer to remove him.

(3) A person who has been removed from a polling booth pursuant to sub-section
(2) and who re-enters the polling booth without the permission of the
presiding officer at that polling booth is guilty of an offence punishable
upon conviction by a fine not exceeding $1,000 or imprisonment for a period
not exceeding 6 months, or both. 


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