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ELECTORAL ACT 1985 - SECT 116

ELECTORAL ACT 1985 - SECT 116

116—Published material to identify person responsible for political content

        (1)         A person must not, during an election period, publish material consisting of, or containing a commentary on, any candidate or political party, or the issues being submitted to electors, in written form, or by radio or television, unless the material or the programme in which the material is presented contains a statement of the name and address (not being a post office box) of a person who takes responsibility for the publication of the material.

Maximum penalty:

            (a)         if the offender is a natural person—$1 250;

            (b)         if the offender is a body corporate—$5 000.

        (2)         This section does not apply to—

            (a)         the publication in a journal of a leading article;

            (b)         the publication of a report of a meeting that does not contain any comment (other than comment made by a speaker at the meeting) on any candidate, or political party, or the issues being submitted to electors;

            (c)         the publication in a journal of an article, letter, report or other matter if the journal contains a statement to the effect that a person whose name and address (not being a post office box) appears in the statement takes responsibility for the publication of all electoral matter published in the journal;

            (ca)         the publication of a letter (otherwise than as described in paragraph (c)) that contains the name and address (not being a post office box) of the author of the letter;

            (d)         a news service or a current affairs programme on radio or television;

            (e)         any other prescribed material or class of material.

        (3)         In this section—

"journal" means a newspaper, magazine or other periodical.