140Misleading or deceptive publications etc

140  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 a voter 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 a voter 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 a voter 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 a voter to mark his or her vote otherwise than in accordance with the directions on the ballot‑paper.

Note   A defendant bears a legal burden in relation to the defence in subrule (4) (see section 13.4 of the Criminal Code).

 (5) In this rule:

publish includes publish by radio or television.