Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A scrutineer shall not:
(a) interfere with or attempt to influence any elector within the polling booth; or
(b) communicate with any person in the polling booth except so far as is necessary in the discharge of the scrutineer's functions.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
(2) A scrutineer shall not be prevented from entering or leaving a polling booth during the polling, and, during the absence of the scrutineer, a relieving scrutineer may act, but so that only one scrutineer for each candidate shall be entitled to be present in the polling booth or at an issuing point at the polling booth at any one time.
(2A) A person who is in a polling booth in the capacity of a scrutineer shall wear a badge, supplied by the Electoral Commission, that identifies the person as a scrutineer.
(a) the actions mentioned in subsection 274(2AA) (early opening and sorting of pre - poll ballot papers) are taken, in accordance with that subsection, at a counting centre before the closing of the poll for a House of Representatives election; and
(b) the scrutineer is present while those actions are taken; and
(c) the scrutineer discloses or communicates information that relates to those actions to persons outside the counting centre; and
(d) the disclosure or communication is made before the closing of the poll.
Note: See also section 323 (officers and scrutineers to observe secrecy).
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
(3) A scrutineer who commits any breach of this section, or who is guilty of misconduct, or who fails to obey the lawful directions of the presiding officer, may be removed from the polling booth or counting centre (as applicable) by any member of the Australian Federal Police or of the police force of a State or Territory or person authorized by the presiding officer to remove the scrutineer.