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ELECTORAL ACT 2002 - SECT 76 Provisions relating to scrutineers

ELECTORAL ACT 2002 - SECT 76

Provisions relating to scrutineers

S. 76(1) amended by No. 2/2003 s. 33(a).

    (1)     A candidate may appoint one scrutineer for each election official issuing ballot-papers at a voting centre for the district or region for which the candidate is seeking election.

S. 76(2) amended by Nos 2/2003 s. 33(b), 13/2022 s. 22.

    (2)     Subject to subsection (3), a candidate may appoint scrutineers to represent the candidate at the scrutiny or counting of ballot-papers under sections 110J, 111, 113, 114 and 114A.

    (3)     The number of scrutineers appointed under subsection (2) must not be greater than the number of electoral officials who are engaged in the scrutiny and counting of ballot-papers.

    (4)     An appointment of a scrutineer for the purposes of this Act must be—

        (a)     in a form approved by the Commission; and

        (b)     produced for inspection on request by the election manager or election official.

    (5)     A scrutineer must not—

        (a)     interfere with or attempt to influence any elector within a voting centre; or

        (b)     communicate with any person in a voting centre except so far as is necessary in the discharge of the functions of the scrutineer; or

        (c)     handle any ballot-papers.

Penalty:     60 penalty units or 6 months imprisonment.

    (6)     A scrutineer must not be prevented from entering or leaving a voting centre during its time of operation.

    (7)     A scrutineer must wear a badge at a voting centre that—

        (a)     is supplied by the Commission; and

        (b)     identifies the scrutineer as a scrutineer.

S. 76(8) amended by No. 37/2014 s. 10(Sch. item 50.2).

    (8)     A scrutineer may be removed from a voting centre by a police officer if the scrutineer—

        (a)     commits any breach of this section; or

        (b)     is guilty of misconduct; or

        (c)     fails to obey the lawful directions of the election manager or an election official.

Pt 5 Div. 5 (Heading and ss 7782) substituted as Pt 5 Div. 5 (Heading and ss 7782A) by No. 38/2005 s. 7.

Division 5—How-to-vote cards

S. 77 substituted by No. 38/2005 s. 7.