South Australian Current Acts

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ELECTORAL ACT 1985 - SECT 115A

115A—Automated political calls

        (1)         A person must not make, or cause or permit the making of, a telephone call consisting of a pre-recorded electoral advertisement unless, immediately after that part of the call consisting of the advertisement, the following statements are made:

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

            (b)         if the call is authorised for a registered political party or a candidate endorsed by a registered political party—the name of the political party;

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

Maximum penalty:

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

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

        (2)         In this section—

"relevant third party" means an organisation or other person, other than a registered political party, candidate or natural person, who—

            (a)         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

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

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

            (b)         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.



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