ELECTORAL ACT 1992 - SECT 301 Publication of statements about candidates

ELECTORAL ACT 1992 - SECT 301

    (1)     A person shall not publish, or authorise to be published, on behalf of a body (whether incorporated or unincorporated) a statement—

        (a)     expressly or impliedly claiming that a candidate in an election is associated with, or supports the policy or activities of, that body; or

        (b)     expressly or impliedly advocating that a candidate should be given the first preference vote in an election;

without the written authority of the candidate.

Maximum penalty: 30 penalty units.

    (2)     In proceedings for an offence against subsection (1), it shall be presumed, unless the contrary is proved, that a statement purported to be made on behalf of a body was made on behalf of the body.

    (3)     This section does not apply to a statement—

        (a)     published on behalf of a political party; and

        (b)     that relates to a candidate who—

              (i)     was nominated by the party; and

              (ii)     has publicly declared their candidature to be on behalf of, or in the interests of, the party.