126Misleading or deceptive publications etc.

126  Misleading or deceptive publications etc.

 (1) A person must not, during the relevant period in relation to an election, print, publish or distribute, or cause, permit or authorise to be printed, published or distributed, any matter or thing that the person knows, or ought reasonably to have known, is likely to mislead or deceive an *elector in relation to the casting of a vote.

 (2) A person must not, during the relevant period in relation to an election, print, publish or distribute, or cause, permit or authorise to be printed, published or distributed, an advertisement, handbill, pamphlet or notice that contains a representation or purported representation of a ballot‑paper for use in that election that is likely to induce an *elector to mark his or her vote otherwise than in accordance with the directions on the ballot‑paper.

 (3) A person who contravenes subsection (1) or (2) is guilty of an offence.

 (4) If, in a prosecution for an offence against subsection (1), it is material to prove that a person ought reasonably to have known that a matter or thing that the person dealt with in a way specified in subsection (1) was likely to mislead or deceive an *elector in relation to the casting of a vote, the issue is to be decided having regard to:

 (a) the person’s abilities, experience, qualifications, training and other attributes; and

 (b) the circumstances of the alleged offence.

 (5) In this section, publish includes publish by radio or television.