Commonwealth Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 122

122. (1) A person shall not, during the referendum period in relation to a
referendum, print, publish or distribute, or cause, permit or authorize to be
printed, published or distributed, any matter or thing that is likely to
mislead or deceive an elector in relation to the casting of his vote at the
referendum.

(2) A person shall not, during the referendum period in relation to a
referendum, print, publish or distribute, or cause, permit or authorize to be
printed, published or distributed, any advertisement relating to the
referendum and intended or calculated to affect the result of the referendum,
being an advertisement containing a statement-

   (a)  that is untrue; and

   (b)  that is, or is likely to be, misleading or deceptive.

(3) A person shall not, during the referendum period in relation to a
referendum, print, publish or distribute, or cause, permit or authorize to be
printed, published or distributed, an advertisement, handbill, pamphlet or
notice that contains a representation or purported representation of a
ballot-paper for use in that referendum that is likely to induce an elector to
mark his vote otherwise than in accordance with the directions on the
ballot-paper.

(4) A person who contravenes sub-section (1), (2) or (3) is guilty of an
offence punishable on conviction-

   (a)  if the offender is a natural person-by a fine not exceeding $1,000 or
        imprisonment for a period not exceeding 6 months, or both; or

   (b)  if the offender is a body corporate-by a fine not exceeding $5,000.

(5) In a prosecution of a person for an offence against sub-section (4) by
virtue of a contravention of sub-section (1), it is a defence if the person
proves that he did not know, and could not reasonably be expected to have
known, that the matter or thing was likely to mislead an elector in relation
to the casting of his vote.

(6) In the prosecution of a person for an offence against sub-section (4) by
virtue of a contravention of sub-section (2), it is a defence if the person
proves that he did not know, and could not reasonably be expected to have
known, that the advertisement contained a statement of the kind referred to in
sub-section (2).
(7) In this section, ''publish'' includes publish by radio or television.