COMMONWEALTH ELECTORAL ACT 1918 - SECT 340 Prohibition of certain behaviour near polling booths and pre - poll voting places

COMMONWEALTH ELECTORAL ACT 1918 - SECT 340

  (1)   A person commits an offence if:

  (a)   the person engages in any of the following activities:

  (i)   canvassing for votes in an election;

  (ii)   soliciting the vote of an elector in an election;

  (iii)   inducing an elector not to vote for a particular candidate in an election;

  (iv)   inducing an elector not to vote in an election;

  (v)   exhibiting a notice or sign (other than an official notice or sign) relating to an election; and

  (b)   the activity is engaged in at an entrance to, or in any place (whether public or private) within 6 metres of an entrance to:

  (i)   a polling booth at which voting in the election 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 election; and

  (c)   the activity is engaged in:

  (i)   in relation to a polling booth--on polling day or on a day to which the polling is adjourned for the election; 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 any of the following activities:

  (i)   canvassing for votes in an election;

  (ii)   soliciting the vote of an elector in an election;

  (iii)   inducing an elector not to vote for a particular candidate in an election;

  (iv)   inducing an elector not to vote in an election; 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 in the election 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 election; and

  (ba)   the activity is engaged in:

  (i)   in relation to a polling booth--on polling day or on a day to which the polling is adjourned for the election; 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 is situated in grounds within an enclosure; and

  (b)   the appropriate Divisional Returning Officer causes to be displayed throughout the days or at all times referred to in paragraph   (1)(c) or (1A)(ba) at each entrance to those grounds 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).