ELECTORAL ACT 2017 - SECT 190
Defences and exceptions
ELECTORAL ACT 2017 - SECT 190
Defences and exceptions
190 Defences and exceptions
(1) Defences A person is not guilty of an
offence for a breach of a provision of this Subdivision if it is established
that--
(a) the breach was not of a material nature, or
(b) the breach was not
intended, or was not likely, to mislead an elector in or in relation to the
casting of his or her vote, or
(c) the person was not aware that the act or
omission concerned was a breach of the provision when it occurred and took all
reasonable steps to remedy the breach when the person became aware that it was
or may have been such a breach.
(2) Exceptions Nothing in this Subdivision
prohibits--
(a) the display, writing, drawing or depicting of a sign on or at
the office or committee room of a candidate or political party indicating only
that the office or room is the office or committee room of the candidate or
party, and specifying the name of the candidate, or the names of the
candidates, or the name of the party concerned, or
(b) the projection by
means of any cinema projector or other similar projector of any
electoral matter on to any screen in any theatre or public hall the subject of
a development consent in force under the
Environmental Planning and Assessment Act 1979 in relation to its use as a
place of public entertainment, or
(c) the display, writing, drawing or
depicting of any poster within a hall or room that is being or is about to be
used for a meeting held by or on behalf of a candidate in connection with an
election, or
