COMMONWEALTH ELECTORAL ACT 1918 - SECT 351 Publication of matter regarding candidates

COMMONWEALTH ELECTORAL ACT 1918 - SECT 351

  (1)   If, in any matter announced or published by any person, or caused by any person to be announced or published, on behalf of any association, league, organization or other body of persons, it is:

  (a)   claimed or suggested that a candidate in an election is associated with, or supports the policy or activities of, that association, league, organization or other body of persons; or

  (b)   expressly or impliedly advocated or suggested:

  (i)   in the case of an election of Senators for any State--that a voter should place in the square corresponding with the name of a candidate on a ballot paper a number not greater than the number of Senators to be elected; or

  (ii)   in the case of an election of a Member of the House of Representatives--that that candidate is the candidate for whom the first preference vote should be given;

that person commits an offence.

Penalty:

  (a)   if the offender is a natural person--10 penalty units; or

  (b)   if the offender is a body corporate--50 penalty units.

  (1A)   Subsection   (1) does not apply if the person proves that he or she is authorised in writing by the candidate to announce or publish the thing claimed, suggested or advocated.

Note:   A defendant bears a legal burden in relation to the matter in subsection   (1A) (see section   13.4 of the Criminal Code ).

  (2)   Where any matter, the announcement or publication of which by any person without the written authority of a candidate would be an offence against subsection   (1) on the part of that person, is announced or published by or on behalf of, or with the support of, any association, league, organization or other body of persons, every person who was an officer thereof at the time of that announcement or publication is taken to have committed an offence against subsection   (1).

  (3)   For the purposes of this section, where any matter purports expressly or impliedly to be announced or published by or on behalf of, or in the interests or with the support of, any association, league, organization or other body of persons, the matter shall, in the absence of proof to the contrary, be deemed to be announced or published by or on behalf, or with the support, of the association, league, organization or other body of persons.

Note:   A defendant bears a legal burden in relation to proof to the contrary under subsection   (3) (see section   13.4 of the Criminal Code ).

  (4)   Nothing in the foregoing provisions of this section shall apply to or in relation to any announcement or publication made or authorized by any bona fide political party or by any bona fide branch thereof respecting a candidate who, by public announcement, has declared his or her candidature to be a candidature on behalf of or in the interests of that party.

  (5)   The person whose name is notified under section   321D in relation to electoral matter as the person who authorised the communication of the matter, in the absence of evidence to the contrary, is taken to have announced or published the matter, or caused it to be announced or published, for the purpose of this section.

Note:   A defendant bears an evidential burden in relation to evidence to the contrary under subsection   (5) (see subsection   13.3(3) of the Criminal Code ).