Document ID: chunk:federal_register_of_legislation:C2004A00876:clause:1a_31
Version: federal_register_of_legislation:C2004A00876
Segment Type: clause
Provision Reference: sch 1A cl 31
Character Range: 14384–15034

31  Subsection 350(1)
Repeal the subsection, substitute:

 (1) A person is guilty of an offence if the person makes or publishes any false and defamatory statement in relation to the personal character or conduct of a candidate.

Penalty: $1,000 or imprisonment for 6 months, or both.

Note: Part IA of the Crimes Act 1914 contains provisions dealing with penalties.

 (1A) Subsection (1) does not apply if the person proves that he or she had a reasonable ground for believing, and did believe, the statement to be true.

Note: A defendant bears a legal burden in relation to the defence in subsection (1A) (see section 13.4 of the Criminal Code).