Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_140:p5
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 140 (pt 5/9)
Character Range: 145037–147787

for subrule (1), part of the polling booth.

      151  Badges or emblems in polling booths

        An officer or scrutineer must not wear or display in a polling booth on polling dayany badge or emblem of a candidate or political party.

            Penalty:   10 penalty units.

      152  Forging or uttering electoral papers

       (1) A person must not:
          (a) forge any electoral paper; or
          (b) utter any forged electoral paper, knowing it to be forged.

            Penalty:   10 penalty units.

       (2) In this rule the term electoral paper includes any approved form.

      153  Protection of the official mark

       (1) A person must not:
          (a) engage in conduct that makes an official mark on or in any paper; or
          (b) have in his or her possession any paper bearing an official mark; or
          (c) make use of or have in his or her possession an instrument capable of making on or in any paper an official mark.

            Penalty:   10 penalty units.

       (2) A person who engages in conduct that makes on or in a ballot‑paper, or any paper purporting to be a ballot‑paper, an official mark, is taken to have forged a ballot‑paper.

      Note   Forgery of ballot‑papers is dealt with by paragraph 149 (1) (f).

       (3) All paper bearing an official mark, and all instruments capable of making on or in paper an official mark, made, used, or in the possession of any person without lawful authority (proof of which lies upon him or her):
          (a) is to be forfeited to the Commonwealth; and
          (b) may without warrant be seized by a member of the Australian Federal Police or a member of the police force or service of a State or Territory; and
          (c) may be destroyed or dealt with as determined by the Electoral Commission.

       (4) In a prosecution for an offence under subrule (1), it is a defence if the person proves that he or she acted with lawful authority.

      Note   The defendant bears a legal burden in relation to the defence in subrule (4) (see section 13.4 of the Criminal Code).

       (5) In a prosecution for an offence constituted by conduct mentioned in subrule (2) it is a defence if the person proves that he or she acted with lawful authority.

      Note   The defendant bears a legal burden in relation to the defence in subrule (5) (see section 13.4 of the Criminal Code).

       (6) In this rule:
      official mark means an approved mark placed or made on or in an electoral paper, 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