108Printing and publication of electoral advertisements, notices etc

108 Printing and publication of electoral advertisements, notices etc

(1) A person must not print, publish or distribute or authorise to be printed, published or distributed, an electoral advertisement, handbill, pamphlet or notice unless:

(a) the name and address (not being a post‑office box) of the person who authorised the electoral advertisement, handbill, pamphlet or notice appears at the end of it; and

(b) for an electoral advertisement, handbill, pamphlet or notice that is printed otherwise than in a newspaper — the name and place of business of the printer appears at the end of it.

(2) Subrule (l) does not apply to a car sticker, T‑shirt, lapel button, lapel badge, pen, pencil or balloon.

Note A defendant bears an evidential burden in relation to the exception in subrule (2) (see subsection 13.3 (3) of the Criminal Code).

(3) In this rule:

electoral advertisement, handbill, pamphlet or notice means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper announcing the holding of a meeting.

109 Misleading or deceptive publications etc

(1) A person must not, during the relevant period in relation to an election under these Rules, print, publish or distribute, or authorise to be printed, published or distributed, anything that is likely to mislead or deceive an elector in relation to the casting of his or her vote.

(2) A person must not, during the relevant period in relation to an election under these Rules, print, publish or distribute, 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) In a prosecution of a person for an offence against subrule (1), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the thing was likely to mislead an elector in relation to the casting of his or her vote.

Note A defendant bears a legal burden in relation to the defence in subrule (3) (see section 13.4 of the Criminal Code).

(4) In a prosecution of a person for an offence against subrule (2), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the representation or purported representation was likely to induce an elector to mark his or her vote otherwise than in accordance with the directions on the ballot‑paper.