Electoral advertising
278 Electoral advertising
A person must not, during the relevant period, use, otherwise than in accordance with the regulations, electoral advertising with a view to promoting or procuring the election of any candidate at an election. Fine not exceeding 100 penalty units.
If a court convicts under this section a candidate who is successful at an election, the court must declare that candidate's election void, unless the court is satisfied that there are special circumstances that make it undesirable or inappropriate for it to make such a declaration.
A person, within the relevant period, must not print, publish or distribute any electoral advertising that contains the name, photograph or a likeness of a candidate or intending candidate at an election without the written consent of the candidate or intending candidate. Fine not exceeding 50 penalty units.
Subsection (3) does not apply to – any matter printed, published or distributed by or on behalf of the Electoral Commissioner in the exercise or performance of his or her powers and functions; or any electoral advertising by means of any broadcast by radio or television or by a repeat on the internet of any such broadcast.
A person, within the relevant period, must not print, publish, keep on display, broadcast or distribute any electoral advertising that refers to the offering, promising or giving by a candidate or intending candidate of a gift, donation or prize to or for any specific club, association or body or to or for clubs, associations or bodies generally. Fine not exceeding 50 penalty units.
A person must not use or display the arms of a council, or a logo of a council, in any electoral advertising. Fine not exceeding 20 penalty units.
Subsection (6) does not apply to – any matter printed, published or distributed by or on behalf of the Electoral Commissioner in the exercise or performance of his or her powers or functions; or any electoral advertising by means of any broadcast by television.
This provision refers to the regulations (the regulations
). Made under this Act:
- Local Government (Amendment of By-laws) Order 2008 · Regulation · under section 154(1)(b)
- Local Government (Amendment of By-laws) Order 2009 · Regulation · under section 154(1)(b)
- Local Government (Appointment and Performance of General Managers) Order 2024 · Regulation
46 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
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