Western Australian Current Acts

LOCAL GOVERNMENT ACT 1995 - SECT 4.88

4.88 .         Offence to print, publish or distribute misleading or deceptive material

        (1)         A person must not, during the relevant period in relation to an election —

            (a)         print, publish or distribute deceptive material; or

            (b)         cause deceptive material to be printed, published or distributed.

        Penalty: a fine of $5 000 or imprisonment for one year.

        (2)         It is a defence to a charge under subsection (1) to prove that the accused person did not know, and could not reasonably have been expected to know, that the material was likely to mislead or deceive an elector in relation to the casting of the elector’s vote.

        [(3)         deleted]

        (4)         In this section —

        deceptive material means any matter or thing that is likely to mislead or deceive an elector in relation to the casting of the elector’s vote at the election;

        print includes photocopy or reproduce by any means;

        publish includes publish by radio or television;

        relevant period means the period commencing when notice calling for nominations for the election is published and ending at 6 p.m. on election day.

        [Section 4.88 amended: No. 26 of 2016 s. 10.]