Document ID: chunk:federal_register_of_legislation:C2018A00147:clause:1_4aa:p1
Version: federal_register_of_legislation:C2018A00147
Segment Type: clause
Provision Reference: sch 1 cl 4AA (pt 1/2)
Character Range: 4744–7570

4AA  Meaning of electoral matter
 (1) Electoral matter means matter communicated or intended to be communicated for the dominant purpose of influencing the way electors vote in an election (a federal election) of a member of the House of Representatives or of Senators for a State or Territory, including by promoting or opposing:
 (a) a political entity, to the extent that the matter relates to a federal election; or
 (b) a member of the House of Representatives or a Senator.
Note: Communications whose dominant purpose is to educate their audience on a public policy issue, or to raise awareness of, or encourage debate on, a public policy issue, are not for the dominant purpose of influencing the way electors vote in an election (as there can be only one dominant purpose for any given communication).
 (2) For the purposes of subsection (1), each creation, recreation, communication or recommunication of matter is to be treated separately for the purposes of determining whether matter is electoral matter.
Note: For example, matter that is covered by an exception under subsection (5) when originally communicated may become electoral matter if recommunicated for the dominant purpose referred to in subsection (1).

Rebuttable presumption for matter that expressly promotes or opposes political entities etc.
 (3) Without limiting subsection (1), the dominant purpose of the communication or intended communication of matter that expressly promotes or opposes:
 (a) a political entity, to the extent that the matter relates to a federal election; or
 (b) a member of the House of Representatives or a Senator, to the extent that the matter relates to a federal election;
is presumed to be the purpose referred to in subsection (1), unless the contrary is proved.

Matters to be taken into account
 (4) Without limiting subsection (1), the following matters must be taken into account in determining the dominant purpose of the communication or intended communication of matter:
 (a) whether the communication or intended communication is or would be to the public or a section of the public;
 (b) whether the communication or intended communication is or would be by a political entity or political campaigner (within the meaning of Part XX);
 (c) whether the matter contains an express or implicit comment on a political entity, a member of the House of Representatives or a Senator;
 (d) whether the communication or intended communication is or would be received by electors near a polling place;
  (e) how soon a federal election is to 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