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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Electoral
Amendment (Political Honesty) Bill 2000
No.
, 2000
(Senator
Murray)
A Bill for an Act to amend the
Commonwealth Electoral Act 1918 to provide for truth in political
advertising, and for related purposes
Contents
Commonwealth Electoral Act
1918 3
A Bill for an Act to amend the Commonwealth Electoral
Act 1918 to provide for truth in political advertising, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Electoral Amendment (Political Honesty)
Act 2000.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Commonwealth
Electoral Act 1918
1 After subsection 329(1)
Insert:
(1A) A person must not print, publish or distribute, or cause, permit or
authorise to be printed, published or distributed, any electoral advertisement
containing a statement, purporting to be a statement of fact, that is inaccurate
or misleading to a material extent.
2 Subsection 329(4)
After “subsection (1)”, insert “or (1A)”.
3 Paragraph 329(4)(a)
Omit “$1,000”, substitute “$5,000”.
4 Paragraph 329(4)(b)
Omit “$5,000”, substitute “$50,000”.
5 Subsection 329(5)
Repeal the subsection, substitute:
(5) In a prosecution of a person for an offence against subsection (4) by
virtue of a contravention of subsection (1) or (1A), it is a defence if the
person proves that he or she:
(a) took no part in determining the content of the matter, thing or
advertisement; and
(b) could not reasonably be expected to have known that the matter, thing
or advertisement was inaccurate or misleading or likely to mislead an elector in
relation to the casting of a vote.
6 After subsection 329(5)
Insert:
(5A) If the Electoral Commissioner is satisfied that an electoral
advertisement contains a statement purporting to be a statement of fact that is
inaccurate or misleading to a material extent, the Electoral Commissioner may
request the advertiser to do one or more of the following:
(a) withdraw the advertisement from further publication;
(b) publish a retraction in specified terms and a specified manner and
form (and in proceedings for an offence against subsection (2) arising from the
advertisement, the advertiser’s response to a request under this
subsection will be taken into account in assessing any penalty to which the
advertiser may be liable).
(5B) If the Federal Court is satisfied beyond reasonable doubt on
application by the Electoral Commissioner that an electoral advertisement
contains a statement purporting to be a statement of fact that is inaccurate or
misleading to a material extent, the Court may order the advertiser to do one or
more of the following:
(a) withdraw the advertisement from further publication;
(b) publish a retraction in specified terms and a specified manner and
form.
7 After section 329
Insert:
(1) Where electoral matter is to be inserted in a newspaper, the
proprietor of the newspaper must cause the word “advertisement” to
be printed as a headline in letters not smaller than 10 point or long primer to
each article or paragraph containing the electoral matter.
(2) A person who fails to comply with subsection (1) is guilty of an
offence.
Maximum penalty:
(a) for a natural person—$1,000; or
(b) for a body corporate—$5,000.
(3) This section applies only in respect of electoral matter for the
publication of which payment or other consideration has been, or is to be,
given.