45DVDs, video tapes, films and electronic video files

45 DVDs, video tapes, films and electronic video files

45 DVDs, video tapes, films and electronic video files

(1) This clause applies to any DVD, video tape, film, transparency or electronic video file that is used—

(a) for the purposes of an advertisement appearing on television or at a cinema, and

(b) at the direction, or with the approval, of a party, elected member, group, candidate, associated entity or third-party campaigner.

(2) The party, elected member, group, candidate, associated entity or third-party campaigner must retain any such DVD, video tape, film, transparency or electronic video file for a period of 12 months after the date of the last presentation of the advertisement concerned.

Maximum penalty—20 penalty units.

(3) If so required by the Electoral Commission, the party, elected member, group, candidate, associated entity or third-party campaigner must arrange for any such DVD, video tape, film, transparency or electronic video file to be viewed by a member of the Electoral Commission or by a person authorised by the Electoral Commission.

Maximum penalty—20 penalty units.

(4) It is a defence to a prosecution for an offence arising under this clause if it is established that a DVD, video tape, film, transparency or electronic video file to which this clause applies did not give rise to—

(a) electoral expenditure that is included in a claim for a Part 4 payment, or

(b) electoral expenditure that is required to be disclosed by the party agent of a party or an elected member or candidate in accordance with the Act.