Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_140:p6
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 140 (pt 6/9)
Character Range: 147543–150468

and includes a mark so nearly resembling an official mark as to be likely to deceive.

      154  Misconduct in polling booth

       (1) A person who, in a polling booth on polling day:
          (a) engages in conduct that disrupts, or tends to disrupt, the operation of the poll; or
          (b) does not obey a direction of the presiding officer;
      commits an offence.

            Penalty:   5 penalty units.

       (2) Strict liability applies to whether the conduct disrupts, or tends to disrupt, the operation of the poll.

      Note   For strict liability, see section 6.1 of the Criminal Code.

       (3) The person may be removed from the polling booth by:
          (a) a member of the Australian Federal Police; or
          (b) a member of the police force or service of a State or Territory; or
          (c) a person authorised by the presiding officer.

      155  Re‑entry after removal from booth

       (1) A person commits a further electoral offence if the person:
          (a) has been removed from a polling booth by direction of the presiding officer under rule 154; and
          (b) re‑enters the polling booth without the permission of the presiding officer.

            Penalty:   10 penalty units.

       (2) Strict liability applies to whether the direction mentioned in paragraph (1) (a) was given under rule 154.

      Note   For strict liability, see section 6.1 of the Criminal Code.

      156  Defamation of candidate

       (1) A person must not make or publish any false and defamatory statement in relation to the personal character or conduct of a candidate.

            Penalty:   10 penalty units.

       (2) It is a defence to a prosecution for an offence under subrule (1) if the defendant proves that he or she had reasonable ground for believing and did in fact believe the statement made or published by him or her to be true.

      Note   The defendant bears a legal burden in relation to the defence in subrule (2) (see section 13.4 of the Criminal Code).

      157  Publication of matter regarding candidates

        A person must not, in any matter announced or published by the person, or caused by him or her to be announced or published, on behalf of any association, league, organisation or other body of persons, without the written authority of a candidate:
          (a) claim or suggest that the candidate in an election is associated with, or supports the policy or activities of, that association, league, organisation or other body of persons; or
          (b) expressly or impliedly advocate or suggest that a voter should vote for the candidate.

            Penalty:   10 penalty units.

               Part 8  Miscellaneous

      158  Further elections

       (1) Where an election for a ward:
          (a) is taken under rule 27 to have wholly failed; or
          (b) is declared by the Court under section 143I of the Act and