ELECTORAL ACT 2002 - SECT 84 Misleading or deceptive matter

ELECTORAL ACT 2002 - SECT 84

    (1)     A person must not during the relevant period—

        (a)     print, publish or distribute; or

        (b)     cause, permit or authorise to be printed, published or distributed—

any matter or thing that is likely to mislead or deceive an elector in relation to the casting of the vote of the elector.

Penalty:     In the case of a natural person, 60 penalty units or 6 months imprisonment;

In the case of a body corporate, 300 penalty units.

    (2)     A person must not during the relevant period—

        (a)     print, publish or distribute; or

        (b)     cause, permit or authorise to be printed, published or distributed—

an electoral advertisement, handbill, pamphlet or notice that contains a representation or purported representation of a ballot-paper for use in that election that is likely to induce an elector to mark the elector's vote otherwise than in accordance with the directions on the ballot-paper.

Penalty:     In the case of a natural person, 60 penalty units or 6 months imprisonment;

In the case of a body corporate, 300 penalty units.

    (3)     In a prosecution of a person for an alleged offence against subsection (1) or (2), it is a defence if the person proves that the person—

        (a)     did not know; and

        (b)     could not reasonably be expected to have known—

that the matter or thing was likely to mislead an elector when casting the elector's vote.

Note to s. 84 inserted by No. 13/2013 s. 20(3).

Note

Section 179A applies to an offence against subsection (1) or (2).