(1)  In this section –

group means a group of candidates, each of whom has, under section 77(4) , nominated to appear on an Assembly ballot paper in a group that is not under a heading of the ballot paper name of a registered party;

official of a registered industrial organisation means –

(a) a person who holds a relevant office in a Tasmanian industrial organisation; and

(b) a person who holds an office, within the meaning of the Fair Work Act 2009 of the Commonwealth, in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;

political entity means –

(a) a party or a registered party; and

(b) a candidate, intending candidate or member of a group;

public official means –

(a) the Governor; and

(b) a Minister or a parliamentary secretary; and

(c) a Member; and

(d) a State Service officer or State Service employee; and

(e) a police officer; and

(f) a natural person (other than an official of a registered industrial organisation) who exercises powers, or performs functions, conferred on the person by or under a law of the State; and

(g) a judge, justice or magistrate; and

(h) a registrar, or other officer, of a court;

relevant office , in relation to a Tasmanian industrial organisation, means –

(a) the office of president, vice president, secretary or assistant secretary of the organisation; and

(b) the office of a voting member of a collective body of the organisation, being a collective body that has power in relation to any of the following functions:

(i) the management of the affairs of the organisation;

(ii) the determination of policy for the organisation;

(iii) the making, alteration or rescission of rules of the organisation;

(iv) the enforcement of rules of the organisation or the performance of functions in relation to the enforcement of such rules; and

(c) an office, the holder of which is, under the rules of the organisation, entitled to participate directly in any of the functions referred to in paragraph (b)(i) and (iv) , other than an office, the holder of which participates in any of those functions only in accordance with directions given by a collective body, or another person, for the purpose of implementing existing policy of the organisation or decisions concerning the organisation; and

(d) an office, the holder of which is, under the rules of the organisation, entitled to participate directly in any of the functions referred to in paragraph (b)(ii) or (iii) ; and

(e) the office of a person holding, whether as trustee or otherwise, property of the organisation or property in which the organisation has a beneficial interest;

Tasmanian industrial organisation means an organisation registered under Part V of the Industrial Relations Act 1984 .

(2)  For the purposes of this Act –

electoral matter means matter communicated, or intended to be communicated, for the dominant purpose of influencing the way electors vote in an election, including by promoting or opposing a political entity or a Member.

(3)  For the avoidance of doubt, a matter may only have one dominant purpose for the purposes of the definition of electoral matter in subsection (2) .

(4)  For the purposes of the definition of electoral matter in subsection (2) , each creation, re-creation, communication or re-communication of matter is to be treated separately for the purposes of determining whether matter is electoral matter.

(5)  Without limiting subsection (2) , communication, or intended communication, for the purpose of educating an audience on, or encouraging debate on, an issue of public policy –

(a) is, unless the contrary is proved, presumed to be the dominant purpose, of the communication or intended communication, for the purposes of the definition of electoral matter in subsection (2) ; and

(b) is not, unless the contrary is proved, taken to be for the purpose of influencing the way electors vote in an election as specified in the definition of electoral matter in subsection (2) .

(6)  Without limiting subsection (2) , the dominant purpose of a communication, or intended communication, of matter that expressly promotes or opposes a political entity or a Member is presumed to be the purpose referred to in the definition of electoral matter in subsection (2) , unless the contrary is proved.

(7)  Without limiting subsection (2) , the following matters must be taken into account in determining the dominant purpose of the communication, or intended communication, of matter:

(a) whether the communication, or intended communication, is or would be to the public or a section of the public;

(b) whether the communication, or intended communication, is or would be by, or on behalf of, a disclosure entity;

(c) whether the communication, or intended communication, contains an express or implied comment on a political entity or a Member;

(d) whether the communication, or intended communication, is or would be received by electors near a polling place;

(e) how soon an election is to be held after the creation or communication of the matter;

(f) whether the communication, or intended communication, is or would be unsolicited.

(8)  Despite subsections (2) and (6) , matter is not electoral matter if the communication, or intended communication –

(a) is the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or

(b) is, or would be, by a person for a dominant purpose that is satirical, academic or artistic, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or

(c) is, or would be, a private communication by a person to another person who is known to the first person; or

(d) is, or would be, by or to a person who is a public official, in that person’s capacity as such an official; or

(e) is, or would be, a private communication, to a political entity that is not a public official, in relation to public policy or public administration; or

(f) occurs, or would occur, in the Assembly or Council or is or would be to a parliamentary committee.