Commonwealth Consolidated Acts

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COMMONWEALTH ELECTORAL ACT 1918 - SECT 347

Disorderly behaviour at meeting

  (1)   Any person who, at any public meeting to which this section applies, acts in a disorderly manner with the intention of preventing the transaction of the business for which the meeting is held commits an offence against this Act.

Penalty:   5 penalty units.

  (2)   This section applies to any lawful public political meeting held in relation to any election of members of the Parliament between the date of the issue of the writ for the election and the date of the return of the writ.

  (3)   The chairperson of any meeting to which this section applies may direct a member of the Australian Federal Police or of the police force of a State or Territory to remove from the room or building in which the meeting is being held any person who, in the opinion of the chairperson, is preventing the transaction of the business for which the meeting is held, and thereupon the member may take such steps as are necessary for the removal of the person from the room or building.

  (4)   Any person:

  (a)   who has been removed from a room or building in accordance with a direction given under subsection   (3); or

  (b)   whose removal from a room or building has been directed under subsection   (3) and who has left that room or building;

and who returns to that room or building while the meeting is in progress, commits an offence.

Penalty:   Imprisonment for 6 months or 10 penalty units, or both.

  (5)   Subsection   (4) does not apply if the person proves that he or she is authorised by the chairperson to return.

Note:   A defendant bears a legal burden in relation to the matter in subsection   (5) (see section   13.4 of the Criminal Code ).


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