189ACertain digitally generated electoral material prohibited

#### 189A Certain digitally generated electoral material prohibited 189A Certain digitally generated electoral material prohibited > > (1) A person must not, during the regulated period, print, publish, distribute or publicly display digitally generated electoral material that contains a depiction of a simulated person performing an act that the real person depicted in the depiction did not perform. > > > > Maximum penalty— > > > > > (a) for an individual—60 penalty units or imprisonment for 6 months, or both, or > > > > > (b) otherwise—300 penalty units. > > > (2) It is a defence to a prosecution for an offence against this section if the defendant establishes that— > > > > > (a) the printing, publication, distribution or display of the digitally generated electoral material containing a depiction of a simulated person occurred with the written consent of the real person depicted as the simulated person, or > > > > > (b) the defendant— > > > > > > > (i) took no part in determining the content of the digitally generated electoral material, and > > > > > > > (ii) could not reasonably be expected to have known that the digitally generated electoral material contravened subsection (1). > > > (3) An apparent consent will not be an effective consent for this section if— > > > > > (a) given by a person who is under the age of 17 years or has a cognitive impairment within the meaning of the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012), or > > > > > (b) obtained from a person by duress or deception. > > > (4) In this section— > > > > depiction includes an audio visual, visual or audio depiction of a real person. > > > > digitally generated electoral material— > > > > > (a) means electoral material containing audio visual, visual or audio content that is generated substantially, or modified or altered significantly, by artificial intelligence, but > > > > > (b) does not include— > > > > > > > (i) a cartoon or animated drawing, or > > > > > > > (ii) electoral material that is of a kind, or generated in a way, prescribed by the regulations. > > > > simulated person means a person depicted in digitally generated electoral material that— > > > > > (a) purports to be a depiction of a particular real person, or > > > > > (b) so closely resembles a depiction of a particular real person that a reasonable person would consider it likely to be a depiction of the real person. > > > (5) The Minister must not recommend the making of a regulation under subsection (4), definition of digitally generated electoral material, paragraph (b)(ii) during the following periods— > > > > > (a) the period— > > > > > > > (i) commencing on 1 October in the year before a general election, and > > > > > > > (ii) ending on the election day for the general election, > > > > > (b) the period— > > > > > > > (i) commencing on the date of the issue of the writ for a by-election, and > > > > > > > (ii) ending on the day of the by-election. > > **s 189A:** Ins 2026 No 6, Sch 1\[81\].