(1) |
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A
person shall not print, publish or distribute or cause, permit or authorize
to be printed, published or distributed, an electoral advertisement, handbill,
pamphlet, poster or notice unless: |
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(a) |
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the
name and address of the person who authorized the advertisement, handbill,
pamphlet, poster or notice appears at the end thereof; and |
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(b) |
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in
the case of an electoral advertisement, handbill, pamphlet, poster or notice
that is printed otherwise than in a newspaper—the name and place of business
of the printer appears at the end thereof. |
(1A) |
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A
person must not produce, publish or distribute or cause, permit or authorise
to be produced, published or distributed an electoral video recording unless
the name and address of the person who authorised the video recording appears
at the end of it. |
(1AB) |
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Subject
to subsection (1AC), a person must not print, publish or distribute or
cause, permit or authorise to be printed, published or distributed an
electoral advertisement that takes up the whole or part of each of 2 opposing
pages of a newspaper unless, in addition to fulfilling the requirement under
paragraph (1)(a) that the name and address of the person who authorised
the electoral advertisement appear at the end of it, such name and address
also appears on the other page, or the part of the other page, taken up by
the electoral advertisement. |
(1AC) |
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Subsection (1AB)
does not apply to an advertisement of the kind referred to in that
subsection: |
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(a) |
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that
is contained within: |
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(i) |
a
broken or unbroken border; or |
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(ii) |
broken
or unbroken lines extending across, or partly across, the top and bottom of
the advertisement; or |
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(iii) |
a
broken or unbroken line extending along, or partly along, each side of the
advertisement; or |
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(b) |
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that
is printed so that to read one or more lines of the text of the advertisement
it is necessary to read across both pages. |
(2) |
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A
person who contravenes subsection (1), (1A) or (1AB) is guilty of an offence
punishable on conviction: |
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(a) |
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if
the offender is a natural person—by a fine not exceeding $1,000; or |
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(b) |
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if
the offender is a body corporate—by a fine not exceeding $5,000. |
(3) |
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Subsection (1)
does not apply in relation to: |
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(a) |
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T‑shirt,
lapel button, lapel badge, pen, pencil or balloon; or |
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(b) |
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business
or visiting cards that promote the candidacy of any person in an election for
the Parliament; or |
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(c) |
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letters
and cards: |
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(i) |
that
bear the name and address of the sender; and |
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(ii) |
that
do not contain a representation or purported representation of a ballot‑paper
for use in an election for the Parliament; or |
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(d) |
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an
article included in a prescribed class of articles. |
(4) |
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Nothing
in paragraph (3)(a), (b) or (c) is taken, by implication, to limit the
generality of regulations that may be made by virtue of
paragraph (3)(d). |
(5) |
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In this section:
address of a person means
an address, including a full street address and suburb or locality, at which
the person can usually be contacted during the day. It does not include a
post office box.
electoral
advertisement, handbill, pamphlet, poster or notice means an
advertisement, handbill, pamphlet, poster or notice that contains electoral
matter, but does not include an advertisement in a newspaper announcing the
holding of a meeting.
electoral video
recording
means a video recording that contains electoral matter.
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