135Control of behaviour at polling booths etc.

#### 135 Control of behaviour at polling booths etc. (1) A person shall not: (a) commit misconduct in premises to which this section applies; (b) while in such premises, disobey a lawful direction given by the person in charge of the premises; or (c) enter or remain in such premises without the permission of the person in charge of the premises. > Note: For the purposes of paragraph (a), making an audio or video recording in the premises without the permission of the person in charge of the premises is an example of conduct that may be misconduct under this paragraph. Penalty: 5 penalty units. (1A) A person commits an offence if: (a) the person makes an audio or video recording in premises to which this section applies; and (b) the recording is made without the permission of the person in charge of the premises; and (c) the making of the recording constitutes a contravention of paragraph 135(1)(a); and (d) the person: (i) publishes the whole or a part of the recording; or (ii) causes to be published the whole or a part of the recording. Penalty: 5 penalty units. (2) This section applies to the following premises: (a) a polling booth; (b) a counting centre; (c) premises in Australia at which an application may be made for a pre‑poll vote. (3) Paragraph (1)(c) does not apply to: (a) a polling official; (b) a scrutineer who is entitled to be on the premises; or (c) in the case of a polling booth—a voter who enters the booth for the purpose of voting and remains no longer than is reasonably necessary for that purpose. (4) The person in charge of premises is: (a) in the case of a polling booth—the presiding officer; (b) in the case of a counting centre—the Australian Electoral Officer, DRO or Assistant Returning Officer conducting the scrutiny at the centre; and (c) in the case of premises at which an application may be made for a pre‑poll vote—any pre‑poll voting officer at those premises. (5) A person who contravenes subsection (1) or (1A) may be removed from the premises by a police officer or by an authorised person. (6) In this section: > authorised person means a person acting at the request of the person in charge of premises. > counting centre means premises being used for the purpose of the preliminary scrutiny of declaration votes or the scrutiny of ballot papers.