Commonwealth Consolidated Acts

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COMMONWEALTH ELECTORAL ACT 1918 - SECT 328

Printing and publication of electoral advertisements, notices etc.

             (1)  A person shall not print, publish or distribute or cause, permit or authorize to be printed, published or distributed, an electoral advertisement, handbill, pamphlet, poster or notice unless:

                     (a)  the name and address of the person who authorized the advertisement, handbill, pamphlet, poster or notice appears at the end thereof; and

                     (b)  in the case of an electoral advertisement, handbill, pamphlet, poster or notice that is printed otherwise than in a newspaper--the name and place of business of the printer appears at the end thereof.

          (1A)  A person must not produce, publish or distribute or cause, permit or authorise to be produced, published or distributed an electoral video recording unless the name and address of the person who authorised the video recording appears at the end of it.

       (1AB)  Subject to subsection (1AC), a person must not print, publish or distribute or cause, permit or authorise to be printed, published or distributed an electoral advertisement that takes up the whole or part of each of 2 opposing pages of a newspaper unless, in addition to fulfilling the requirement under paragraph (1)(a) that the name and address of the person who authorised the electoral advertisement appear at the end of it, such name and address also appears on the other page, or the part of the other page, taken up by the electoral advertisement.

       (1AC)  Subsection (1AB) does not apply to an advertisement of the kind referred to in that subsection:

                     (a)  that is contained within:

                              (i)  a broken or unbroken border; or

                             (ii)  broken or unbroken lines extending across, or partly across, the top and bottom of the advertisement; or

                            (iii)  a broken or unbroken line extending along, or partly along, each side of the advertisement; or

                     (b)  that is printed so that to read one or more lines of the text of the advertisement it is necessary to read across both pages.

             (2)  A person who contravenes subsection (1), (1A) or (1AB) commits an offence punishable on conviction:

                     (a)  if the offender is a natural person--by a fine not exceeding 10 penalty units; or

                     (b)  if the offender is a body corporate--by a fine not exceeding 50 penalty units.

             (3)  Subsection (1) does not apply in relation to:

                    (aa)  a how-to-vote card; or

                     (a)  T-shirt, lapel button, lapel badge, pen, pencil or balloon; or

                     (b)  business or visiting cards that promote the candidacy of any person in an election for the Parliament; or

                     (c)  letters and cards:

                              (i)  that bear the name and address of the sender; and

                             (ii)  that do not contain a representation or purported representation of a ballot paper for use in an election for the Parliament; or

                     (d)  an article included in a prescribed class of articles.

             (4)  Nothing in paragraph (3)(aa), (a), (b) or (c) is taken, by implication, to limit the generality of regulations that may be made by virtue of paragraph (3)(d).

             (5)  In this section:

"address " of a person means an address, including a full street address and suburb or locality, at which the person can usually be contacted during the day. It does not include a post office box.

"electoral advertisement, handbill, pamphlet, poster or notice " means an advertisement, handbill, pamphlet, poster or notice that contains electoral matter, but does not include an advertisement in a newspaper announcing the holding of a meeting.

"electoral video recording " means a video recording that contains electoral matter.



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