Electoral Act 1985

A designated entity, or a person acting on behalf of a designated entity, must not make, or cause or permit the making of, a call by way of telephone (including associated technology) containing regulated content.

Maximum penalty:

if the offender is a natural person—$5 000;

if the offender is a body corporate—$10 000.

Without limiting subsection (a1), a person who makes, or causes or permits the making of, a call by way of telephone (including associated technology) consisting of a pre-recorded electoral advertisement must ensure that, immediately after that part of the call consisting of the advertisement, the following statements are made:

the name and address (not being a post office box) of the person who is making, or who authorises the making of, the call;

if the call is authorised for a relevant third party—the name of the relevant third party.

Maximum penalty:

if the offender is a natural person—$5 000;

if the offender is a body corporate—$10 000.

In this section—

designated entity means—

a political party registered under Part

6 or under a law of the Commonwealth or another State or a

Territory relating to the registration of political parties; or

a candidate or group standing for election to the Parliament of South

Australia or any other Australian Parliament; or

a member of the Parliament of South Australia or any other Australian

Parliament;

regulated content means—

a pre‑recorded message containing material relating to a State election; or

an automated opinion poll, or other research, relating to a State election or the voting intentions of electors conducted using computer scripts (rather than by an individual);

relevant third party means an organisation or other person, other than a designated entity or an individual, who—

as at the day on which the call to which subsection (1) relates is made, intends to spend more than $2 000 on electoral advertisements—

if the call is made in an election period—during that election period; or

in any other case—during the election period for the next general election due to occur; or

spent more than $2 000 on electoral advertisements during the election period for the general election immediately preceding the day on which the call to which subsection (1) relates is made.