Tasmanian Consolidated Acts

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ELECTORAL ACT 2004 - SECT 191

Campaign material to be authorised
(1)  The object of this section is to promote free and informed voting at elections by enhancing –
(a) the transparency of campaigning, by allowing voters to know who is communicating electoral matter; and
(b) the accountability of those persons participating in public debate relating to electoral matter, by making those persons responsible for their communications; and
(c) the traceability of communications of electoral matter, by ensuring that obligations imposed by this Division in relation to those communications can be enforced.
(2)  This section is not intended to detract from –
(a) the ability of electoral matters to be communicated to voters; and
(b) voters’ ability to communicate with each other on electoral matters.
(3)  Subject to sections 192, 194 and 194A, a person must not, between the issue of the writ for an election and the close of poll at that election, communicate, or permit or authorise another person to communicate, electoral matter, unless the authorisation particulars in relation to the electoral matter are displayed in the applicable manner in relation to the communication of the electoral matter.
Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both.
(4)  The authorisation particulars in relation to electoral matter are displayed in the applicable manner in relation to the communication of the electoral matter if the prescribed requirements, if any, in relation to the display of such particulars are complied with and, where the communication –
(a) is by way of a hard-copy document or an object – the authorisation particulars, in relation to the communication of the electoral matter, are legibly shown on the document or object; or
(b) is by way of publication at a website on the internet that is not social media – the authorisation particulars, in relation to the communication of the electoral matter, are legibly shown as part of the electoral matter; or
(c) is by way of electronic mail – the authorisation particulars, in relation to the communication of the electoral matter, are legibly shown in the electronic mail; or
(d) is by way of an electronic message that is sent to an electronic address in connection with a telephone account – the authorisation particulars, in relation to the communication of the electoral matter are legibly shown –
(i) at the end of the electronic message; or
(ii) at an electronic address that is included at the end of the communication; or
(e) is by way of social media – the authorisation particulars, in relation to the communication of the electoral matter, are legibly shown at the end of the communication or, if the authorisation particulars consist of too many electronic characters to be included in the communication, are legibly shown –
(i) at an electronic address that is included at the end of the communication; or
(ii) as part of the information, commonly included electronically under the heading "About us" or "Contact us" , that relates to the person who is making the communication and that is directly linked to, or can be displayed by clicking a link in, the electronic information displayed at the electronic address at which the communication is displayed; or
(f) is by way of the spoken word during a telephone call – the authorisation particulars, in relation to the communication of the electoral matter, are spoken at the beginning of the telephone call; or
(g) is by a way not specified in another paragraph of this subsection – the authorisation particulars, in relation to the communication of the electoral matter, are displayed in the prescribed manner, if any.



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