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This is a Bill, not an Act. For current law, see the Acts databases.
Parliamentary Electorates and
Elections Amendment (Truth in
Advertising) Bill 2007
No , 2007
A Bill for
An Act to amend the Parliamentary Electorates and Elections Act 1912 to provide
for truth in political advertising in State and local government elections; and for other
purposes.
Parliamentary Electorates and Elections Amendment (Truth in Advertising)
Clause 1 Bill 2007
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Parliamentary Electorates and Elections Amendment 3
(Truth in Advertising) Act 2007. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Parliamentary Electorates and Elections Act 1912 No 41 7
The Parliamentary Electorates and Elections Act 1912 is amended as 8
set out in Schedule 1. 9
4 Repeal of Act 10
(1) This Act is repealed on the day following the day on which this Act 11
commences. 12
(2) The repeal of this Act does not, because of the operation of section 30 13
of the Interpretation Act 1987, affect any amendment made by this Act. 14
Page 2
Parliamentary Electorates and Elections Amendment (Truth in Advertising)
Bill 2007
Amendment Schedule 1
Schedule 1 Amendment 1
(Section 3) 2
Section 151AA 3
Insert after clause 151A: 4
151AA Misleading electoral advertisements--State and local government 5
elections 6
(1) In this section: 7
electoral advertisement means an electoral advertisement in 8
respect of: 9
(a) an election of any member or members of the Assembly or 10
a periodic Council election, or 11
(b) an election under the Local Government Act 1993. 12
(2) A person who authorises, causes or permits the publication of an 13
electoral advertisement (an advertiser) is guilty of an offence if 14
the advertisement contains a statement purporting to be a 15
statement of fact that is inaccurate and misleading to a material 16
extent. 17
Maximum penalty: 18
(a) 1000 penalty units in the case of a body corporate, or 19
(b) 100 penalty units in any other case. 20
(3) It is a defence to a prosecution for an offence under this section 21
if it is established that the defendant: 22
(a) took no part in determining the content of the 23
advertisement, and 24
(b) could not reasonably be expected to have known that the 25
statement to which the prosecution relates was inaccurate 26
and misleading. 27
(4) If the Electoral Commissioner is satisfied that an electoral 28
advertisement contains a statement purporting to be a statement 29
of fact that is inaccurate and misleading to a material extent, the 30
Electoral Commissioner may request the advertiser to do either or 31
both of the following: 32
(a) withdraw the advertisement from further publication, 33
(b) publish a retraction in specified terms and a specified 34
manner and form, 35
Page 3
Parliamentary Electorates and Elections Amendment (Truth in Advertising)
Bill 2007
Schedule 1 Amendment
(and in proceedings for an offence under this section arising from 1
the advertisement, the advertiser's response to a request under 2
this subsection is to be taken into account in assessing any 3
penalty to which the advertiser may be liable). 4
(5) If the Supreme Court is satisfied beyond reasonable doubt on 5
application by the Electoral Commissioner that an electoral 6
advertisement contains a statement purporting to be a statement 7
of fact that is inaccurate and misleading to a material extent, the 8
Court may order the advertiser to do either or both of the 9
following: 10
(a) withdraw the advertisement from further publication, 11
(b) publish a retraction in specified terms and a specified 12
manner and form. 13
(6) This section applies to advertisements published by any means 14
(including radio, television or internet). 15
(7) In proceedings for an offence against this section: 16
(a) an electoral advertisement that includes a statement that its 17
publication was authorised by a specified person, or 18
(b) an electoral advertisement that includes a statement that it 19
was printed by or on the instructions of a specified person, 20
or 21
(c) an apparently genuine document purporting to be a 22
certificate of the Electoral Commissioner stating that the 23
Electoral Commissioner made a request for the withdrawal 24
of a misleading advertisement or the publication of a 25
retraction, 26
is evidence of the matter stated. 27
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