Victorian Current Acts

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ELECTORAL ACT 2002 - SECT 156

Distribution of printed electoral material

S. 156(1) amended by No. 91/2003 s. 9.

    (1)     A person must not during the hours of voting on election day within 400 metres of the entrance of, or within the building used as, a voting centre—

        (a)     hand out, distribute or otherwise make available; or

        (b)     authorise the handing out, distribution or otherwise making available—

to any person of any printed electoral material other than a registered how-to-vote card.

Penalty:     60 penalty units or 6 months imprisonment.

    (2)     A person must not—

        (a)     print, publish or distribute; or

        (b)     cause, permit or authorise to be printed, published or distributed—

a how-to-vote card which is not a registered how‑to-vote card and which contains a representation or purported representation of an endorsement in the prescribed manner.

Penalty:     60 penalty units or 6 months imprisonment.

    (3)     In a prosecution of a person for an alleged offence against subsection (1) or (2), it is a defence if the person proves that the person did not know, and could not reasonably be expected to have known, that the card was not a registered how-to-vote card.

    (4)     Subsection (1) does not apply to—

        (a)     the handing out, distribution, sale or otherwise making available of a newspaper by or on behalf of a newsagent, newspaper seller or distributor if the handing out, distribution, sale or making available is in the course of the newsagent's, newspaper seller's or distributor's employment or business; or

        (b)     the handing out, distribution or otherwise making available of any printed electoral material in any room or building used as a campaign room or an office by a candidate in the election to which the material relates or by the political party which has endorsed that candidate in that election; or

        (c)     printed electoral material in the form of any poster or notice which is affixed or attached to any vehicle, building, hoarding or structure (whether moveable or fixed).



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