131Prohibition of certain behaviour near polling booths and pre‑poll voting places

#### 131 Prohibition of certain behaviour near polling booths and pre‑poll voting places (1) A person commits an offence if: (a) the person engages in any of the following activities: (i) inducing an elector to vote in a particular way at a referendum; (ii) inducing an elector not to vote at a referendum; (iii) exhibiting any notice or sign (other than an official notice or sign) that relates to a referendum; and (b) the activity is engaged in at the entrance to, or in any place (whether public or private) within 6 metres of an entrance to: (i) a polling booth at which voting at the referendum is taking place; or (ii) a pre‑poll voting office at which applications for pre‑poll votes may be made, or pre‑poll ordinary voting is available, for the referendum; and (c) the activity is engaged in: (i) in relation to a polling booth—on voting day for the referendum, or on a day to which the taking of votes of the electors at the referendum has been adjourned under section 42 or 43; or (ii) in relation to a pre‑poll voting office—at any time during which applications for pre‑poll votes may be made, or pre‑poll ordinary voting is available, at the office. Penalty: 5 penalty units. (1A) A person commits an offence against this subsection if: (a) the person engages in either of the following activities: (i) inducing an elector to vote in a particular way at a referendum; (ii) inducing an elector not to vote at a referendum; and (b) the activity is engaged in in any place (whether public or private) 6 metres or more from an entrance to: (i) a polling booth at which voting at the referendum is taking place; or (ii) a pre‑poll voting office at which applications for pre‑poll votes may be made, or pre‑poll ordinary voting is available, for the referendum; and (ba) the activity is engaged in: (i) in relation to a polling booth—on the voting day for the referendum, or on a day to which the taking of votes of the electors at the referendum has been adjourned under section 42 or 43; or (ii) in relation to a pre‑poll voting office—at any time during which applications for pre‑poll votes may be made, or pre‑poll ordinary voting is available, at the office; and (c) the person uses any of the following to engage in that activity: (i) a loud speaker; (ii) a public address system; (iii) an amplifier (whether fixed or mobile); (iv) a broadcasting van; (v) a sound system; (vi) radio equipment; (vii) any other equipment or device for broadcasting; and (d) that activity is audible: (i) within the polling booth or pre‑poll voting office (as the case requires); or (ii) at an entrance to the polling booth or pre‑poll voting office (as the case requires); or (iii) within 6 metres of an entrance to the polling booth or pre‑poll voting office (as the case requires). Penalty: 5 penalty units. (2) Where: (a) a building used as a polling booth or pre‑poll voting office at a referendum is situated in grounds within an enclosure; and (b) the relevant Divisional Returning Officer causes to be displayed at each entrance to those grounds through the days or at all times referred to in paragraph (1)(c) or (1A)(ba), a notice signed by the Divisional Returning Officer stating that those grounds are, for the purposes of this section, part of the polling booth or pre‑poll voting office (as the case requires); those grounds shall, for the purposes of this section, be deemed to be part of the polling booth or pre‑poll voting office (as the case requires).