ELECTORAL ACT 1992 - SECT 292 Dissemination of unauthorised electoral matter

ELECTORAL ACT 1992 - SECT 292

    (1)     A person commits an offence if—

        (a)     the person disseminates electoral matter; and

        (b)     the matter does not include a statement that—

              (i)     includes the required information; and

              (ii)     complies with the language requirements; and

              (iii)     complies with the form and access requirements.

Maximum penalty: 10 penalty units.

    (2)     For this section, the required information for a statement is—

        (a)     the first and last name of the individual who authorised or authored the matter; and

        (b)     a statement to the effect that the individual authorises, or is the author of, the matter; and

        (c)     if the matter is disseminated for a registered party, a candidate for election or a person who has publicly indicated their intended candidature for election—a statement to the effect that the matter is disseminated for the party, candidate or person; and

        (d)     if the matter is disseminated for an entity not mentioned in paragraph (c)—a statement to the effect that the matter is disseminated for the entity and the full name of the entity.

    (3)     For this section, the language requirements for a statement are as follows:

        (a)     if the matter is communicated in English only—the required information is communicated in English;

        (b)     if the matter is communicated only in a language other than English—the required information is communicated in English and the other language used in the matter;

        (c)     if the matter is communicated in 2 or more languages—the required information is communicated in English and at least 1 other language used in the matter.

    (4)     For this section, the form and access requirements for a statement are as follows:

        (a)     for electoral matter disseminated in print form—the required information is—

              (i)     communicated in text; and

              (ii)     printed in a way that the information—

    (A)     cannot be removed or erased under normal conditions or use; and

    (B)     will not fade, run or rub off;

        (b)     for electoral matter that is an audiovisual recording or communication (other than matter mentioned in paragraph (d), (e) or (f))—the required information is communicated in both speech and text;

        (c)     for electoral matter that is an audio recording or communication (other than matter mentioned in paragraph (d), (e) or (f))—the required information is communicated in speech;

        (d)     for electoral matter disseminated using a webpage (other than matter mentioned in paragraph (e))—the required information is communicated in text in the footer of the webpage;

        (e)     for electoral matter disseminated on social media using an account that is in the name of an individual—the required information is communicated in text by a link in the matter or in a reasonably prominent place on the account;

        (f)     for electoral matter not mentioned in paragraphs (a) to (e)—the required information is communicated in a reasonably prominent place;

        (g)     for any required information to be communicated in text—the text is—

              (i)     reasonably prominent; and

              (ii)     legible at a distance at which the matter is intended to be viewed; and

              (iii)     displayed in a colour that contrasts with the background on which it appears; and

              (iv)     is not placed over complex images or multicoloured backgrounds.