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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Electoral
Amendment (Political Honesty) Bill 2003
No.
, 2003
(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 2003.
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repealed as set out in the applicable items in the Schedule concerned, and any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 Subsection 329(6)
Repeal the subsection.
2 At the end of section 329
Add:
(7) 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
and misleading to a material extent.
(8) A person who contravenes subsection (7) is guilty of an offence
punishable on conviction:
(a) if the offender is a natural person—by a fine not exceeding 2000
penalty units; or
(b) if the offender is a body corporate—by a fine not exceeding
10,000 penalty units.
(9) In a prosecution of a person for an offence against subsection (8) by
virtue of a contravention of subsection (7), it is a defence if the person
proves that he or she:
(a) took no part in determining the content of the advertisement;
and
(b) could not reasonably be expected to have known that the advertisement
was inaccurate and misleading to a material extent.
(9) If the Electoral Commissioner is satisfied that an electoral
advertisement contains a statement purporting to be a statement of fact that is
inaccurate and 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 (8) 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).
(10) 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.
(11) In this section:
advertiser means a person who authorises, causes or permits
the publication of an electoral advertisement but does not include a person who
took no part in determining the content of the electoral
advertisement.
electoral advertisement means an advertisement containing a
matter calculated to affect the result of an election.
publish includes publish by radio, television or the
Internet.
(12) This section does not apply to the extent (if any) that would
infringe any doctrine of implied freedom of political communication.