Document ID: chunk:federal_register_of_legislation:F2017L01279:clause:1_140:p1
Version: federal_register_of_legislation:F2017L01279
Segment Type: clause
Provision Reference: sch 1 cl 140 (pt 1/9)
Character Range: 134965–137708

140  Misleading or deceptive publications etc

       (1) A person must not, during the relevant period in relation to an election under these Rules, print, publish or distribute, or authorise to be printed, published or distributed, anything that is likely to mislead or deceive a voter in relation to the casting of his or her vote.

            Penalty:   10 penalty units.

       (2) A person must not, during the relevant period in relation to an election under these Rules, print, publish or distribute, 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 a voter to mark his or her vote otherwise than in accordance with the directions on the ballot‑paper.

            Penalty:   10 penalty units.

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

      Note   A defendant bears a legal burden in relation to the defence in subrule (3) (see section 13.4 of the Criminal Code).

       (4) In a prosecution of a person for an offence against subrule (2), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the representation or purported representation was likely to induce a voter to mark his or her vote otherwise than in accordance with the directions on the ballot‑paper.

      Note   A defendant bears a legal burden in relation to the defence in subrule (4) (see section 13.4 of the Criminal Code).

       (5) In this rule:
      publish includes publish by radio or television.

      141  False statements about enrolment

        A person commits an offence if the person, on polling day:
          (a) makes a statement to a voter , either orally or in writing, about the enrolment of the voter ; and
          (b) knows that the statement is false or misleading in a material respect.

            Penalty:   10 penalty units.

      142  Heading to electoral advertisements

        The proprietor of every newspaper must cause the word 'advertisement' to be printed as a headline in letters not smaller than 10 point or long primer to each article or paragraph in his or her newspaper containing electoral matter, the insertion of which is or is to be paid for or for which any reward or compensation or promise of reward or compensation is or is to be made.

            Penalty:
          (a) if the offender is a natural person —