Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_27:p15
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 27 (pt 15/40)
Character Range: 63674–66401

person in the polling booth except so far as is necessary in the discharge of his or her functions.

            Penalty:   10 penalty units.

       (2) A scrutineer must not be prevented from entering or leaving a polling booth during the polling.

       (3) During the absence of a scrutineer, a relieving scrutineer may act in his or her place.

       (4) However, only 1 scrutineer at a time for each candidate is entitled to be present in the polling booth or at an issuing point at the polling booth.

       (5) Subrule (6) applies to a scrutineer who:
          (a) commits a breach of this rule; or
          (b) misconducts himself or herself; or
          (c) fails to obey a lawful direction of the presiding officer.

       (6) The scrutineer 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 to remove the scrutineer.

      73  Persons present at polling

       (1) A candidate must not in any way take part in the conduct of an election.

       (2) A person who is not the presiding officer, an assistant presiding officer, poll clerk, liaison officer or scrutineer, or a voter voting or about to vote, must not enter or remain in a polling booth during the polling.

            Penalty:   5 penalty units.

       (3) Subrule (2) does not apply if the person has the permission of the presiding officer.

      Note   A defendant bears an evidential burden in relation to the matter in subrule (3) (see section 13.3 of the Criminal Code).

      74  Polling

       (1) The polling must be conducted as follows:
          (a) before any vote is taken the presiding officer must exhibit the ballot‑box empty, and must then securely fasten its cover;
          (b) the poll must open at 8.00am and must not close until all voters present in the polling booth at 6.00pm and desiring to vote, have voted;
          (c) the doors of the polling booth must be closed at 6.00pm and no person is to be admitted after that hour to the polling booth for the purpose of voting.

       (2) Paragraphs (l) (b) and (c) do not apply in relation to a polling booth in relation to which the Electoral Commissioner has, by notice in writing, determined that the booth is to be open during the hours specified in the notice.

       (3) Where the Electoral Commissioner has determined the hours during which a polling booth is to be open under subrule (2):
          (a) the polling booth must not close until all voters present in the polling booth at the hour specified in the notice for the close of that polling booth have