Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMMONWEALTH ELECTORAL ACT 1918 - SECT 321D

Authorisation of certain electoral matter

             (1)  This section applies in relation to electoral matter that is communicated to a person if:

                     (a)  all of the following apply:

                              (i)  the matter is an electoral advertisement;

                             (ii)  all or part of the distribution or production of the advertisement was paid for;

                            (iii)  the content of the advertisement was approved by a person (the notifying entity ) (whether or not that person is a person who paid for the distribution or production of the advertisement) ; or

                     (b)  both of the following apply:

                              (i)  the matter forms part of a sticker, fridge magnet, leaflet, flyer, pamphlet, notice, poster or how-to-vote card;

                             (ii)  the content of the matter was approved by a person (the notifying entity ) ; or

                     (c)  the matter is communicated by, or on behalf of, a disclosure entity (the notifying entity ) (and the matter is not an advertisement covered by paragraph (a), nor does the matter form part of a sticker, fridge magnet, leaflet, flyer, pamphlet, notice, poster or how-to-vote card).

Note 1:       For paragraph (1)(c), matter may be communicated on behalf of an entity whether or not the entity pays for the communication of the matter.

Note 2:       Examples of matters that may be covered by this section include internet advertisements, bulk text messages and bulk voice calls containing electoral matter.

Note 3:       For the geographical application of this section, see section 321E.

Note 4:       For the meaning of communicate for carriage service providers, see the definition of that term in section 321B.

             (2)  For the purposes of subsection (1), if:

                     (a)  electoral matter is communicated by an individual who is a disclosure entity; and

                     (b)  the matter is communicated on behalf of another disclosure entity; and

                     (c)  the content of the matter is approved by the other disclosure entity before the matter is communicated;

the other disclosure entity (and not the individual) is the notifying entity . However, if the content of the matter is not approved by the other disclosure entity before the matter is communicated, the individual (and not the other disclosure entity) is the notifying entity .

Exceptions

             (3)  However, this section does not apply in relation to electoral matter:

                     (a)  if the matter forms part of clothing or any other item that it is intended to be worn on the body; or

                    (aa)  if the matter forms part of any other promotional item (such as a balloon, pen, mug, tote bag or marquee, but not a sticker or fridge magnet) and contains only the name, logo or other identifying feature of the notifying entity; or

                     (b)  if the matter forms part of a communication, or in any other circumstances, determined under subsection (7) for the purposes of this paragraph; or

                     (c)  if the matter is communicated in circumstances giving rise to a contravention of subsection 321DA(1) (communications authorised by foreign campaigners).

             (4)  This section also does not apply in relation to electoral matter referred to in paragraphs (1)(b) and (c) if the matter forms part of:

                     (c)  an opinion poll or research relating to voting intentions at an election or by-election; or

                     (d)  a communication communicated for personal purposes; or

                     (e)  an internal communication of a notifying entity; or

                      (f)  a communication at a meeting of 2 or more persons if the identity of the person (the speaker ) communicating at the meeting, and any disclosure entity on whose behalf the speaker is communicating, can reasonably be identified by the person or persons to whom the speaker is speaking; or

                     (g)  a live communication of a meeting covered by paragraph (f), but not any later communication of that meeting; or

                     (h)  a communication communicated solely for the purpose of announcing a meeting; or

                      (i)  a letter or card that contains the name and address of the notifying entity.

Notifying particulars

             (5)  The notifying entity must ensure that the particulars set out in the following table, and any other particulars determined under subsection (7) for the purposes of this subsection, are notified in accordance with any requirements determined under that subsection.

 

Required particulars

Item

If ...

the following particulars are required ...

1

the communication is a sticker, fridge magnet, leaflet, flyer, pamphlet, notice, poster or how-to-vote card authorised by a disclosure entity that is not a natural person

(a) the particulars of the name of the entity required by subsection (5A);

(b) the address of the entity;

(c) the name of the natural person responsible for giving effect to the authorisation

2

the communication is any other communication authorised by a disclosure entity that is not a natural person

(a) the particulars of the name of the entity required by subsection (5A);

(b) the relevant town or city of the entity;

(c) the name of the natural person responsible for giving effect to the authorisation

3

the communication is a sticker, fridge magnet, leaflet, flyer, pamphlet, notice, poster or how-to-vote card authorised by a disclosure entity who is a natural person

(a) the name of the person;

(b) the address of the person

4

the communication is any other communication authorised by a disclosure entity who is a natural person

(a) the name of the person;

(b) the relevant town or city of the person

5

the communication is a sticker, fridge magnet, leaflet, flyer, pamphlet, notice, poster or how-to-vote card authorised by an entity that is not a disclosure entity or a natural person

(a) the name of the entity;

(b) the address of the entity

6

the communication is any other communication authorised by an entity that is not a disclosure entity or a natural person

(a) the name of the entity;

(b) the relevant town or city of the entity

7

the communication is a sticker, fridge magnet, leaflet, flyer, pamphlet, notice, poster or how-to-vote card authorised by a natural person who is not a disclosure entity

(a) the name of the person;

(b) the address of the person

8

the communication is any other communication authorised by a natural person who is not a disclosure entity

(a) the name of the person;

(b) the relevant town or city of the person

Note 1:       This provision is a civil penalty provision which is enforceable under the Regulatory Powers Act (see section 384A of this Act).

Note 2:       A person may contravene this subsection if the person fails to ensure that particulars are notified or if the particulars notified are incorrect.

Note 3:       For the application of this provision to a notifying entity that is not a legal person, see subsection (6).

Civil penalty:          120 penalty units.

          (5A)  For the purposes of items 1 and 2 of the table in subsection (5), the required particulars of the name of the entity are:

                     (a)  if the entity is a registered political party--the name of the party (the registered name ) that is entered in the Register of Political Parties or that name omitting any of the following:

                              (i)  if the registered name includes both a word or phrase and its abbreviation--the abbreviation;

                             (ii)  if the registered name includes "Incorporated" or an abbreviation of that word--that word or its abbreviation;

                            (iii)  if the registered name includes "of Australia"--those words;

                            (iv)  if the registered name ends with "Australia"--that word;

                             (v)  if the entity is a registered branch or division of a registered political party--the words indicating the name of the branch or division; or

                     (b)  if the entity is a disclosure entity (but not a registered political party)--the name of the entity entered on the Transparency Register; or

                     (c)  if the entity is not an entity covered by paragraph (a) or (b) and a return has been given under Part XX in relation to the entity--the name included in the most recent return given in relation to the entity; or

                     (d)  in any other case--the name of the entity.

Note:          For example, under paragraph (a) the registered name "Quokka Party of Australia Inc.--NSW" may be notified as "Quokka Party".

          (5B)  If an abbreviation (the registered abbreviation ) of the name of an entity is entered in the Register of Political Parties and the entity is:

                     (a)  a registered political party that has a registered branch or division; or

                     (b)  a registered branch or division of a registered political party;

then, for the purposes of items 1 and 2 of the table in subsection (5), the required particulars of the name of the entity are taken to be either:

                     (c)  the particulars referred to in paragraph (5A)(a); or

                     (d)  the registered abbreviation.

Application of civil penalty to entities that are not legal persons

             (6)  For the purposes of this Act and the Regulatory Powers Act, a contravention of subsection (5) that would otherwise have been committed by a notifying entity that is not a legal person is taken to have been committed by each member, agent or officer (however described) of the entity who, acting in his or her actual or apparent authority, engaged in the conduct or made the omission constituting the contravention.

Legislative instrument

             (7)  The Electoral Commissioner may, by legislative instrument, determine:

                     (a)  communications or circumstances for the purposes of either or both of the following:

                              (i)  paragraph (3)(b) of this section;

                             (ii)  paragraph 110C(3)(c) of the Referendum (Machinery Provisions) Act 1984 ; and

                     (b)  requirements or particulars for the purposes of any one or more of the following:

                              (i)  subsection (5) of this section;

                             (ii)  subsection 110C(5) of the Referendum (Machinery Provisions) Act 1984 ;

                            (iii)  subsection 79A(2) and paragraph 79A(6)(b) of the Australian Broadcasting Corporation Act 1983 ;

                            (iv)  paragraph 1(2)(b) and subclause 4(2) of Schedule 2 to the Broadcasting Services Act 1992 ;

                             (v)  subsection 70A(2) and paragraph 70A(6)(b) of the Special Broadcasting Service Act 1991 .

Note:          Requirements or particulars may be determined by reference to classes of communications, and different requirements or particulars may be determined for different classes of communications (see subsection 33(3A) of the Acts Interpretation Act 1901 ).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback