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COMMONWEALTH ELECTORAL ACT 1918 - SECT 328B

Requirements relating to how-to-vote cards

Authorisation details must be included on how-to-vote card

             (1)  The following information (the authorisation details ) must be included at the top or bottom of each printed face of a how-to-vote card:

                     (a)  the name and address of the person who authorised the how-to-vote card;

                     (b)  the following information (to the extent that it is not already required by paragraph (a)):

                              (i)  if the card is authorised by or on behalf of a registered political party, or by or on behalf of a candidate who is endorsed by a registered political party--the name of the registered political party;

                             (ii)  if the card is authorised by or on behalf of a candidate who is not endorsed by a registered political party--the candidate's name, and the word "candidate".

Offence of publishing etc. how-to-vote card that does not contain required authorisation details

             (4)  A person (the first person ) commits an offence if:

                     (a)  the first person:

                              (i)  publishes or distributes a document; or

                             (ii)  causes, permits or authorises another person to publish or distribute a document; and

                     (b)  that conduct of the first person occurs during the relevant period for an election; and

                     (c)  the document is a how-to-vote card; and

                     (d)  the how-to-vote card does not comply with the requirements of subsection (1) relating to authorisation details; and

                     (e)  if regulations made for the purpose of this paragraph provide that this subsection does not apply to prescribed kinds of articles--the how-to-vote card is not an article of any of those kinds.

Penalty:  50 penalty units.

Offence of publishing etc. how-to-vote card that contains false authorisation details

             (5)  A person (the first person ) commits an offence if:

                     (a)  the first person:

                              (i)  publishes or distributes a document; or

                             (ii)  causes, permits or authorises another person to publish or distribute a document; and

                     (b)  that conduct of the first person occurs during the relevant period for an election; and

                     (c)  the document is a how-to-vote card; and

                     (d)  some or all of the authorisation details on the how-to-vote card are false; and

                     (e)  if regulations made for the purpose of this paragraph provide that this subsection does not apply to prescribed kinds of article--the how-to-vote card is not an article of any of those kinds.

Penalty:  50 penalty units.

Definition

             (6)  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.



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