Electoral Act 1985

A person must not distribute, or cause or permit to be distributed, an artificially generated electoral advertisement that contains a depiction of a simulated person performing an act that the real person depicted in the depiction did not perform.

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

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

It is a defence to a charge of an offence against this section to prove that—

the distribution of the artificially generated electoral advertisement containing a depiction of a simulated person occurred with the written consent of each real person depicted in the depiction; or

the defendant—

took no part in determining the content of the artificially generated electoral advertisement; and

could not reasonably be expected to have known that the artificially generated electoral advertisement contravened subsection (1).

No offence is committed against this section by the Electoral

An apparent consent will not be an effective consent for the purposes of this section if—

given by a person who is under the age of 17 years or with a cognitive impairment (within the meaning of Part 5A of the

obtained from a person by duress or deception.

In this section—

is generated wholly by artificial intelligence; or

is created or altered by use of technology of a prescribed kind;

purports to be a depiction of a particular real person; or

so closely resembles a depiction of a particular real person that a reasonable person who knew the real person would consider it likely to be a depiction of the real person.