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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
ELECTORAL AMENDMENT
BILL 1999
Queensland
ELECTORAL AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Replacement of s 161 (Author of election matter must be named) . . . . . . 4
160A Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
161 Authoriser of election matter must be named . . . . . . . . . . . . . . . . . . 5
4 Insertion of new ss163A-163D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
163A False electoral advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
163B False how-to-vote card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
163C Executive officers of political party must ensure party
complies with truth-in-advertising provisions . . . . . . . . . . . . . . . . . . 7
163D Lodging how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1999
A BILL
FOR
An Act to amend the Electoral Act 1992
s1 4 s3
Electoral Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Electoral Amendment Act 1999. 3
amended 4
Act
Clause 2. This Act amends the Electoral Act 1992. 5
of s 161 (Author of election matter must be named) 6
Replacement
Clause 3. Section 161-- 7
omit, insert-- 8
for div 2 9
`Definitions
`160A. In this division-- 10
"electoral advertisement" means an advertisement containing election 11
matter. 12
"executive officer", of a political party, means a person who is concerned 13
with, or takes part in, the party's management, whether or not the 14
person is a director or manager or the person's position is given the 15
name of executive officer. 16
"how-to-vote card" means any card, handbill, pamphlet or notice that-- 17
(a) is, or includes, a representation or partial representation or 18
purported representation or purported partial representation of a 19
ballot paper for use in an election; or 20
(b) lists the names of any or all of the candidates for an election with 21
a number indicating an order of voting preference against the 22
names of any or all of the candidates. 23
"truth-in-advertising provision" means section 161, 163, 163A or 163B. 24
s4 5 s4
Electoral Amendment
of election matter must be named 1
`Authoriser
`161.(1) A person must not, during the election period for an election, 2
publish or permit or authorise another person to publish an advertisement, 3
handbill, pamphlet or notice containing election matter or a how-to-vote 4
card (a "card") unless the particulars required by subsection (2) appear, or 5
are stated-- 6
(a) for a printed advertisement, handbill, pamphlet, notice or 7
card--prominently at the end of each page of the advertisement, 8
handbill, pamphlet, notice or card in print not smaller than 12 9
point; or 10
(b) otherwise--at its end. 11
Maximum penalty-- 12
(a) for an individual--40 penalty units; 13
(b) for a corporation--400 penalty units. 14
`(2) The particulars are-- 15
(a) the name and address (other than a post office box) of the person 16
(the "authoriser") who authorised the advertisement, handbill, 17
pamphlet, notice or card; and 18
(b) if the authoriser is a member of a political party, the name of the 19
party; and 20
(c) if the printed advertisement, handbill, pamphlet, notice or card is 21
printed, the name and address of the printer who printed the 22
advertisement, handbill, pamphlet, notice or card. 23
`(3) In this section-- 24
"publish" includes print, distribute and broadcast.'. 25
of new ss163A-163D 26
Insertion
Clause 4. Part 9, division 2, after section 163-- 27
insert-- 28
electoral advertisements 29
`False
`163A.(1) A person must not, during the election period for an election, 30
s4 6 s4
Electoral Amendment
publish or permit or authorise another person to publish an electoral 1
advertisement containing a statement that is false or misleading in a material 2
particular. 3
Maximum penalty-- 4
(a) for an individual--40 penalty units; 5
(b) for a corporation--400 penalty units. 6
`(2) A person does not contravene subsection (1) if the person-- 7
(a) took no part in deciding the contents of the electoral 8
advertisement; or 9
(b) could not reasonably be expected to have known the electoral 10
advertisement was false or misleading in a material particular. 11
`(3) In this section-- 12
"publish" includes print, distribute and broadcast. 13
how-to-vote card 14
`False
`163B.(1) A person must not, during the election period for an election, 15
publish or permit or authorise another person to publish a how-to-vote card 16
(a "card")-- 17
(a) that is false or misleading in a material particular; or 18
(b) that is represented as-- 19
(i) the card of a candidate in the election or the candidate's 20
political party; or 21
(ii) the candidate's or party's statement of the way the candidate 22
or party has allocated their voting preferences; 23
if the representation is false or misleading in a material particular. 24
Maximum penalty-- 25
(a) for an individual--40 penalty units; 26
(b) for a corporation--400 penalty units. 27
`(2) A person does not contravene subsection (1) if the person-- 28
(a) took no part in deciding the contents of the card; or 29
s4 7 s4
Electoral Amendment
(b) could not reasonably be expected to have known-- 1
(i) for an offence under subsection (1)(a)--the card was false or 2
misleading in a material particular; or 3
(ii) for an offence under subsection (1)(b)--the representation 4
was false or misleading in a material particular. 5
`(3) In this section-- 6
"publish" includes print, distribute and broadcast. 7
officers of political party must ensure party complies with 8
`Executive
truth-in-advertising provisions 9
`163C.(1) The executive officers of a political party must ensure the 10
political party complies with the truth-in-advertising provisions. 11
`(2) If a person acting for a political party does or authorises anything 12
that contravenes a truth-in-advertising provision, each executive officer of 13
the party also contravenes the provision. 14
Maximum penalty--the penalty for the contravention of the provision by an 15
individual. 16
`(3) However, it is a defence for an executive officer to prove-- 17
(a) if the officer was in a position to influence the conduct of the 18
party in relation to the offence--the officer exercised reasonable 19
diligence to ensure the party complied with the provision; or 20
(b) the officer was not in a position to influence the conduct of the 21
party in relation to the offence. 22
`(4) Also, sections 163A(2) and 163B(2) do not apply to an executive 23
officer who contravenes the relevant truth-in-advertising provision. 24
how-to-vote cards 25
`Lodging
`163D.(1) This section applies if a candidate issues a how-to-vote card 26
for an election. 27
`(2) The candidate may lodge a sample of the how-to-vote card with the 28
commission not later than the close of business on the day before the 29
polling day for the election. 30
s4 8 s4
Electoral Amendment
`(3) The commission must register the sample how-to-vote card in a 1
register of sample how-to-vote cards it is to keep for the purpose. 2
`(4) A sample how-to-vote card registered under this section is evidence 3
in any proceeding-- 4
(a) that it is the how-to-vote card of the candidate who lodged it; and 5
(b) of the matters contained in it. 6
`(5) The commission must ensure the register is made available for 7
public inspection, without fee, at its office during the commission's normal 8
business hours.'. 9
10
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