ELECTORAL ACT 1985 - SECT 113
ELECTORAL ACT 1985 - SECT 113
(1) This section
applies to advertisements published by any means (including radio or
television).
(2) A person who
authorises, causes or permits the publication of an electoral advertisement
(an
"advertiser") is guilty of an offence if the advertisement contains a
statement purporting to be a statement of fact that is inaccurate and
misleading to a material extent.
Maximum penalty:
(a) if
the offender is a natural person—$5 000;
(b) if
the offender is a body corporate—$25 000.
(3) However, it is a
defence to a charge of an offence against subsection (2) to establish
that the defendant—
(a) took
no part in determining the content of the advertisement; and
(b)
could not reasonably be expected to have known that the statement to which the
charge relates was inaccurate and misleading.
(4) 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 (2) 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).
(5) If the Supreme
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 and
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.