110CAuthorisation of certain referendum matter

110C Authorisation of certain referendum matter

(1) This section applies in relation to referendum matter that is communicated to a person if: (a) all of the following apply: (i) the matter is an advertisement relating to a referendum; (ii) all or part of the distribution or production of the advertisement was paid for; (iii) the content of the advertisement was approved by a person (the notifying entity) (whether or not that person is a person who paid for the distribution or production of the advertisement); or (b) both of the following apply: (i) the matter forms part of a sticker, fridge magnet, leaflet, flyer, pamphlet, notice, poster or how‑to‑vote card; (ii) the content of the matter was approved by a person (the notifying entity); or (c) the matter is communicated by, or on behalf of, a disclosure entity (the notifying entity) (and the matter is not an advertisement covered by paragraph (a), nor does the matter form part of a sticker, fridge magnet, leaflet, flyer, pamphlet, notice, poster or how‑to‑vote card).

Note 1: For paragraph (1)(c), matter may be communicated on behalf of an entity whether or not the entity pays for the communication of the matter.

Note 2: Examples of matters that may be covered by this section include internet advertisements, bulk text messages and bulk voice calls containing referendum matter.

Note 3: For the geographical application of this section, see section 110D.

Note 4: For the meaning of communicate for carriage service providers, see the definition of that term in section 110A.

(2) For the purposes of subsection (1), if: (a) referendum matter is communicated by an individual who is a disclosure entity; and (b) the matter is communicated on behalf of another disclosure entity; and (c) the content of the matter is approved by the other disclosure entity before the matter is communicated; the other disclosure entity (and not the individual) is the notifying entity. However, if the content of the matter is not approved by the other disclosure entity before the matter is communicated, the individual (and not the other disclosure entity) is the notifying entity. Exceptions (3) However, this section does not apply in relation to referendum matter: (a) if the matter forms part of clothing or any other item that it is intended to be worn on the body; or (b) if the matter is communicated by or on behalf of a State, a Territory or an authority of a State or Territory; or (c) if the matter forms part of a communication, or in any other circumstances, determined under subsection 321D(7) of the Commonwealth Electoral Act 1918 for the purposes of this paragraph; or (d) if the matter is communicated in circumstances giving rise to a contravention of section 110CA (prohibition on foreign campaigners authorising referendum matter). (4) This section also does not apply in relation to referendum matter referred to in paragraphs (1)(b) and (c) if the matter forms part of: (a) the reporting of news, the presenting of current affairs or any editorial content in news media; or (b) a communication communicated solely for genuine satirical, academic or artistic purposes; or (c) an opinion poll or research relating to voting intentions at an election or by‑election; or (d) a communication communicated for personal purposes; or (e) an internal communication of a notifying entity; or (f) a communication at a meeting of 2 or more persons if the identity of the person (the speaker) communicating at the meeting, and any disclosure entity on whose behalf the speaker is communicating, can reasonably be identified by the person or persons to whom the speaker is speaking; or (g) a live communication of a meeting covered by paragraph (f), but not any later communication of that meeting; or (h) a communication communicated solely for the purposes of announcing a meeting. Notifying particulars (5) The notifying entity must ensure that the particulars set out in the following table, and any other particulars determined under subsection 321D(7) of the Commonwealth Electoral Act 1918 for the purposes of this subsection, are notified in accordance with any requirements determined under that subsection.