Document ID: chunk:federal_register_of_legislation:C2023A00011:clause:2_11
Version: federal_register_of_legislation:C2023A00011
Segment Type: clause
Provision Reference: sch 2 cl 11
Character Range: 12789–13942

11  At the end of section 90
Add:
 (3) A scrutineer commits an offence if:
 (a) the actions mentioned in subsection (1A) (early opening and sorting of pre‑poll ballot papers) are taken, in accordance with that subsection, at a counting centre before the close of voting for a referendum; and
 (b) the scrutineer is present while those actions are taken; and
 (c) the scrutineer discloses or communicates information that relates to those actions to persons outside the counting centre; and
 (d) the disclosure or communication is made before the close of voting.
Note: See also section 116 (officers and scrutineers to observe secrecy).
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
 (4) A scrutineer who commits any breach of this section, or who is guilty of misconduct, or who fails to obey the lawful directions of the presiding officer, may be removed from the counting centre by any constable or by a person authorised by the presiding officer to remove the scrutineer.
 (5) In this section, counting centre means any premises at which a scrutiny or counting of ballot papers for a referendum is to be, or is being, conducted.