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.