Victorian Consolidated Legislation

Local Government Act 1989 - SECT 55A

Misleading or deceptive matter

55A. Misleading or deceptive matter





(1) A person must not-

   (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 a voter in relation
to the casting of the vote of the voter. Penalty: In the case of a natural
person, 10 penalty units; In the case of a body corporate, 20 penalty units.

(2) A person must not-

   (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 an
election that is likely to induce a voter to mark the voter's vote otherwise
than in accordance with the directions on the ballot-paper. Penalty: In the
case of a natural person, 10 penalty units; In the case of a body corporate,
20 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 a voter when casting the
voter's vote.