South Australian Consolidated Acts South Australian Consolidated Acts28—Publication of misleading material
(1) If—
(a)
electoral material contains a statement purporting to be a statement of fact;
and
(b) the
statement is inaccurate and misleading to a material extent,
a person who authorised, caused or permitted the publication of the material
is guilty of an offence.
Maximum penalty: $5 000.
(2) It is a defence to
a charge of an offence against subsection (1) for the defendant to
prove—
(a) that
he or she took no part in determining the contents of the material; and
(b) that
he or she could not reasonably be expected to have known that the statement to
which the charge relates was inaccurate and misleading.
(3) This section
applies to material published by any means (including radio or television).
(4) No action under
this section lies against the returning officer with respect to the
publication of material provided to the returning officer by a candidate for
election under section 19.