356GName and address on electoral material

#### 356G Name and address on electoral material 356G Name and address on electoral material > > (1) A person must not, during the regulated period, print, publish, distribute or publicly display electoral material (other than the announcement in a newspaper of the holding of a meeting), without legibly showing on the material— > > > > > (a) the name and address of the person on whose instructions the material was printed, published, distributed or displayed, and > > > > > (b) if the material has been printed, the name of the printer and the street address of the premises at which it was printed. > > > > Maximum penalty—5 penalty units. > > > (2) If a newspaper contains electoral material and the name of the printer of the newspaper and the street address of the premises at which it was printed appear on the newspaper in accordance with any Act, subsection (1) does not require that name and address to be shown separately on the material itself. > > > (2A) For electoral material that is a social media post— > > > > > (a) the relevant name and address for the electoral material must be legibly shown in the social media post, and > > > > > > Examples— > > > > > > The relevant name and address for the electoral material may be included— > > > > > > > (a) if the social media post includes text—in the text, or > > > > > > > (b) if a photograph, image, video or animation is attached to or embedded in the social media post—in the photograph, image, video or animation. > > > > > (b) if the relevant name and address are shown in a video or animation attached to or embedded in the social media post, the relevant name and address must be legibly shown for a period of at least 3 seconds. > > > (3) Subsection (1) does not apply in relation to— > > > > > (a) a T-shirt, lapel button, lapel badge, pen, pencil or balloon, or > > > > > (b) a business or visiting card that promotes the candidacy of any person in an election, or > > > > > (c) a letter or other card— > > > > > > > (i) that bears the name and address of the sender, and > > > > > > > (ii) that does not contain a representation or purported representation of a ballot paper for use in an election. > > > (4) Subsection (1) does not apply in relation to the following— > > > > > (a) a social media post made by an electoral participant (or on behalf of an electoral participant by an officer, employee or agent of the electoral participant), but only if— > > > > > > > (i) the name and address of the electoral participant was included in or directly linked to the post, and > > > > > > > > Note. > > > > > > > > For example, a name and address may— > > > > > > > > > (a) be included at the end of a post, or > > > > > > > > > (b) be included in a photograph or image attached to or embedded in the post, or > > > > > > > > > (c) be included in the “about”, “bio” or “impressum” part of the webpage or profile of the person who made the post (or on whose behalf the post was made) that is accessible via a hyperlink or URL included in or accompanying the post. > > > > > > > (ii) no amount was paid to the social media platform provider concerned in connection with the printing, publication, distribution or public display of the post, > > > > > (b) a social media post that was not made by an electoral participant (or on behalf of an electoral participant), but only if no amount was paid to the social media platform provider concerned in connection with the printing, publication, distribution or public display of the post, > > > > > (c) an SMS text message containing electoral material that is distributed by an electoral participant, or an officer, employee or agent of an electoral participant on behalf of the electoral participant, if— > > > > > > > (i) the SMS text message includes a hyperlink to a website on which the relevant name and address for the electoral material are published, and > > > > > > > (ii) the website on which the relevant name and address are published remains publicly available until the end of the regulated period, > > > > > (d) an SMS text message (the primary message) containing electoral material that is distributed by an electoral participant, or an officer, employee or agent of an electoral participant on behalf of the electoral participant, if— > > > > > > > (i) a second SMS text message is sent immediately after the primary message, and > > > > > > > (ii) the second SMS text message would comply with subsection (2A) if it were a social media post, and > > > > > > > (iii) the second SMS text message is sent from the same number as the primary message. > > > (5) In this section— > > > > address of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day, but does not include a post office box. > > > > associated entity means a person or body that operates solely for the benefit of one or more registered political parties or one or more councillors (including the mayor) of a council. > > > > electoral participant means any of the following— > > > > > (a) a candidate, > > > > > (b) a group of candidates, > > > > > (c) a registered political party, > > > > > (d) a registered officer of a registered political party, > > > > > (e) a third-party campaigner (within the meaning of paragraph (b) of the definition of third-party campaigner in section 4 of the [Electoral Funding Act 2018](/view/html/inforce/current/act-2018-020)), > > > > > (f) an associated entity. > > **s 356G:** Am 2024 (327), Sch 1\[34\] \[35\].