Document ID: chunk:federal_register_of_legislation:C2008C00455:clause:1_328a
Version: federal_register_of_legislation:C2008C00455
Segment Type: clause
Provision Reference: sch 1 cl 328A
Character Range: 42943–44196

328A  Publication of electoral advertisements on the Internet

 (1) A person commits an offence if:
 (a) either:
 (i) the person publishes an electoral advertisement on the Internet; or
 (ii) the person causes, permits or authorises an electoral advertisement to be published on the Internet; and
 (b) the electoral advertisement is intended to affect voting in an election; and
 (c) the electoral advertisement is paid for by the person or another person; and
 (d) the name and address of the person who authorised the advertisement do not appear at the end of the advertisement.

Penalty: 10 penalty units.

 (2) Subsection (1) does not apply if the matter published on the Internet forms part of a general commentary on a website.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

 (3) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1).

 (4) In this section:

address of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day. It does not include a post office box.