Document ID: chunk:federal_register_of_legislation:C2025C00152:section:4aa:p2
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 4AA (pt 2/2)
Character Range: 39799–41262

be held after the creation or communication of the matter;
 (f) whether the communication or intended communication is or would be unsolicited.

Exceptions
 (5) Despite subsections (1) and (3), matter is not electoral matter if the communication or intended communication of the matter:
 (a) forms or would form part of the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or
 (b) is or would be by a person for a dominant purpose that is a satirical, academic, educative or artistic purpose, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or
 (c) is or would be a private communication by a person to another person who is known to the first person; or
 (d) is or would be by or to a person who is a Commonwealth public official (within the meaning of the Criminal Code) in that person's capacity as such an official; or
 (e) is or would be a private communication to a political entity (who is not a Commonwealth public official) in relation to public policy or public administration; or
 (f) occurs or would occur in the House of Representatives or the Senate, or is or would be to a parliamentary committee.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).