VICIn ForceAct
Electoral Act 2002
158Conduct near voting centres
Start here
Get a plain-English read of 158
Turn the raw legal text into a practical explanation grounded in Electoral Act 2002.
158 Conduct near voting centres
S. 158(1) substituted by No. 30/2018 s. 37(2).
(1) This section applies during the hours of voting in respect of a voting centre—
(a) within 6 metres of the entrance of, or within the building used as, a voting centre; or
(b) if the Commission considers that it is practically necessary to do so for a voting centre specified by the Commission by a notice displayed at the entrance to the voting centre, within a distance determined by the Commission that is less than 6 metres of the entrance of, or within the building used as, the specified voting centre.
**Example**
The Commission may determine that it is practically necessary to determine a shorter distance because of the need to deal with inclement weather.
(2) While this section applies, a person must not—
(a) canvass for votes; or
(b) solicit the vote of any elector; or
(c) induce any elector not to vote for any particular candidate; or
(d) induce any elector not to vote at the election; or
(e) exhibit any notice or sign (other than an official notice) relating to the election; or
(f) conduct an exit poll; or
(g) if the person is a person employed under section 17 or appointed under section 18 or a scrutineer in the performance of duties or the exercise of powers under this Act, wear or display any badge, emblem or political slogan of any candidate or political party.
1. 5 penalty units.
Note to s. 158(2) inserted by No. 13/2013 s. 20(5).
Section 179A applies to an offence against paragraph (a), (b), (c), (d), (e) or (f).
(3) If—
(a) a building used as a voting centre is situated in grounds within an enclosure; and
(b) there is displayed an official notice stating that those grounds are, for the purposes of this section, part of the voting centre—
those grounds are part of the voting centre.
S. 158(4) inserted by No. 30/2018 s. 37(3).
(4) Subsection (2)(e) does not apply to—
(a) a car sticker, an item of clothing (when worn), lapel button, lapel badge, fridge magnet, pen or pencil; or
(b) any other thing or item or class of thing or item prescribed by the regulations.
S. 158(5) inserted by No. 30/2018 s. 37(3).
(5) An election manager or election official may remove, or cause to be removed, any notice or sign that the election manager or election official reasonably considers is being exhibited in contravention of subsection (2).
S. 158A inserted by No. 30/2018 s. 38.