169Control of behaviour at polling places and scrutiny centres

169 Control of behaviour at polling places and scrutiny centres (a) enters or remains at a polling place or scrutiny centre; and

Constitutional Convention (Election) Act 2011 82 (b) does not have the express or implied permission of the officer in charge of the place or centre to do so. (3) Subsection (1) does not apply to: (a) an officer; or (b) a scrutineer (other than a scrutineer who is, under section 32(6), no longer entitled to be at the polling place or scrutiny centre); or (c) for a polling place – a person voting or about to vote. (4) A person must not disrupt an activity being carried out under this Act at a polling place or scrutiny centre. (5) An offence against subsection (4) is an offence of strict liability. (6) It is a defence to a prosecution for an offence against subsection (4) if the defendant establishes a reasonable excuse. (7) If an authorised officer at a polling place or scrutiny centre reasonably believes a person's conduct is likely to disrupt an activity being carried out under this Act at the place or centre, the officer may direct the person to leave and stay away from the place or centre. (8) The person must comply with the direction. (9) An offence against subsection (8) is an offence of strict liability. (10) It is a defence to a prosecution for an offence against subsection (8) if the defendant establishes a reasonable excuse. (11) A person who does not comply with the direction may be removed from the polling place or scrutiny centre by a police officer. (12) A scrutineer must not communicate with any person at a polling place except for performing the scrutineer's functions.

Constitutional Convention (Election) Act 2011 83 (13) A scrutineer must not, by violence or intimidation, interfere with, influence or attempt to influence, a voter at a polling place.