Western Australian Current Acts

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ELECTORAL ACT 1907 - SECT 191A

191A .         Misleading or deceptive publication etc.

        (1)         A person shall not, during the relevant period in relation to an election, print, publish or distribute, or 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 elector’s vote.

        Penalty: $1 000.

        (2)         A person shall not, during the relevant period in relation to an election, print, publish or distribute, or cause, permit or authorise to be printed, published or distributed, an 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 his ballot paper otherwise than in accordance with the directions on the ballot paper.

        Penalty: $1 000.

        (3)         In a prosecution of a person for an offence against subsection (1), it is a defence if the person proves that he did not know, and could not reasonably be expected to have known, that the matter or thing was likely to mislead an elector in relation to the casting of the elector’s vote.

        (4)         In this section —

        publish includes publish by radio or television or by electronic communication;

        relevant period , in relation to an election, means the period commencing on the day that notice of issue of the writ for the election is published in the Government Gazette pursuant to section 65 and ending at the latest time on polling day at which an elector in the State could enter a polling booth for the purpose of casting a vote in the election.

        [Section 191A inserted: No. 79 of 1987 s. 73; amended: No. 36 of 2000 s. 21 and 80; No. 50 of 2003 s. 56(5).]



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