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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Publication of Electoral Material) Amendment
Bill 2010
A BILL FOR
An Act to amend the Electoral Act 1985.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Electoral
Act 1985
4 Insertion of
section 112C
112C Publication of matter regarding
candidates
5 Amendment of section 116—Published material to
identify person responsible for political content
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Publication of Electoral
Material) Amendment Act 2010.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electoral
Act 1985
After section 112B insert:
112C—Publication of matter regarding
candidates
(1) If, in any matter announced or published, or caused to be announced or
published, by a person on behalf of any association, league, organisation or
other body, it is—
(a) claimed or suggested that a candidate in an election is associated
with, or supports the policy or activities of, that association, league,
organisation or body; or
(b) expressly or impliedly advocated or suggested—
(i) in the case of a Legislative Council election—that a voter
should place in the square opposite the name of a candidate on a ballot paper a
number not greater than the number of members to be elected; or
(ii) in the case of a House of Assembly election—that that candidate
is the candidate for whom the first preference vote should be given,
that person is guilty of an offence.
Maximum penalty:
(a) If the offender is a natural person—$1 000;
(b) If the offender is a body corporate—$5 000.
(2) Subsection (1) does not apply if the person proves that he or she
is authorised in writing by the candidate to announce or publish the thing
claimed, suggested or advocated.
(3) Where any matter, the announcement or publication of which by any
person without the written authority of a candidate would be an offence against
subsection (1) on the part of that person, is announced or published by or
on behalf of, or with the support of, any association, league, organisation or
other body, every person who was an officer of the association, league,
organisation or body at the time of that announcement or publication is guilty
of an offence against subsection (1).
(4) For the purposes of this section, where any matter purports, expressly
or impliedly, to be announced or published by or on behalf of, or in the
interests or with the support of, any association, league, organisation or other
body, the matter will, in the absence of proof to the contrary, be deemed to be
announced or published by or on behalf, or with the support, of the association,
league, organisation or other body.
(5) Nothing in this section applies to or in relation to any announcement
or publication made or authorised by a bona fide political party respecting a
candidate who, by public announcement, has declared his or her candidature to be
a candidature on behalf of, or in the interests of, that party.
5—Amendment of
section 116—Published material to identify person responsible for
political content
(1) Section 116(1)—delete "in a journal published in electronic form
on the Internet"
(2) Section 116(1)—delete "or broadcast on the Internet"
(3) Section 116(2)(a)—delete "(including a journal published in
electronic form on the Internet)"
(4) Section 116(2)(c)—delete paragraph (c) and substitute:
(c) the publication in a journal of an article, letter, report or other
matter if the journal contains a statement to the effect that a person whose
name and address (not being a post office box) appears in the statement takes
responsibility for the publication of all electoral matter published in the
journal;
(5) Section 116(2)(d)—delete "or broadcast on the
Internet"