369Misconduct by scrutineers

#### 369 Misconduct by scrutineers 369 Misconduct by scrutineers > > (1) A scrutineer must not, at a place where polling is carried out, ballot-papers are scrutinised or votes are counted— > > > > > (a) interfere with, influence or attempt to influence an elector or an election official, or > > > > > (b) communicate with a person except as necessary to carry out the scrutineer’s functions. > > > (1A) An election official may direct a scrutineer to leave a place if the election official believes on reasonable grounds that— > > > > > (a) the scrutineer’s presence is contrary to this Part, or > > > > > (b) the person is contravening or has contravened any provision of this Part or is committing or has committed any other offence at the place. > > > (2) A scrutineer must obey the lawful directions of an election official. > > > (3) A scrutineer does not breach subsection (1) merely by wearing the badge or emblem of a candidate or political party. > > > (4) Without limiting section 356SA, a scrutineer who, within a polling place, pre-poll voting office, ballot counting place or declared institution or mobile booth, does any of the following, may be removed from the place by a police officer on the request of an election official— > > > > > (a) contravenes this section, > > > > > (b) engages in misconduct, > > > > > (c) fails to obey the lawful direction of the election official. > > Maximum penalty—10 penalty units.