(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).]