South Australian Current Acts

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LOCAL GOVERNMENT (ELECTIONS) ACT 1999 - SECT 28

28—Publication of misleading material

        (1)         If—

            (a)         electoral material contains a statement purporting to be a statement of fact; and

            (b)         the statement is inaccurate and misleading to a material extent,

a person who authorised, caused or permitted the publication of the material (the "publisher") is guilty of an offence.

Maximum penalty: $5 000.

        (2)         It is a defence to a charge of an offence against subsection (1) for the defendant to prove—

            (a)         that he or she took no part in determining the contents of the material; and

            (b)         that he or she could not reasonably be expected to have known that the statement to which the charge relates was inaccurate and misleading.

        (2a)         If the Electoral Commissioner is satisfied that published electoral material contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Electoral Commissioner may request the publisher to do 1 or more of the following:

            (a)         withdraw the material from further publication;

            (b)         publish a retraction in specified terms and a specified manner and form,

(and in proceedings for an offence against subsection (1) arising from the material, the publisher's response to a request under this subsection may be taken into account in assessing any penalty to which the publisher may be liable).

        (3)         This section applies to material published by any means (including radio or television).

        (4)         No action under this section lies against the returning officer with respect to the publication of material provided to the returning officer by a candidate for election under section 19.



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