Victorian Consolidated Legislation

Electoral Act 2002 - SECT 84

Misleading or deceptive matter

84. Misleading or deceptive matter



(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.