S45 St; wn ++ AUDAX - AT: FIDELIS + Queensland Electoral (Truth in Advertising) Amendment Bill 2010 Queensland Electoral (Truth in Advertising) Amendment Bill 2010 Contents Part 1 Preliminary 1 Shorttitle 0... eee eee 2 Commencement........... 0.000 c eee eee eee teen eee Part 2 Amendment of Electoral Act 1992 3 Actamended ........... 00.0000. eee eee 4 Insertion of newS 162A ........ 0... eee eee 162A Misleading electoral advertisements or statements . . Part 3 Amendment of Local Government Act 1993 5 Actamended ........... 00.0000. eee eee 6 Insertion of new S$ 393A .... 6... ee eee 393A Misleading electoral advertisements or statements . . Part 4 Amendment of Local Government Act 2009 7 Actamended ........... 00.0000. eee eee 8 Insertion of new S 260A ..... 0.2... eee eee 260A Misleading electoral advertisements or statements . . A Bill for An Act to amend the Electoral Act 1992, the Local Government Act 1993 and the Local Government Act 2009 for particular purposes Clause Clause Clause Clause Electoral (Truth in Advertising) Amendment Bill 2010 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Electoral (Truth in Advertising) Amendment Act 2010. 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Amendment of Electoral Act 3 Act amended This part amends the Electoral Act 1992. 4 Insertion of new s 162A After section 162— insert— '162A Misleading electoral advertisements or statements "(1)_ A person must not— (a) authorise, cause or permit the publication of an electoral advertisement containing a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent; or Page 4 ns SCOmMINI DN FW hb iS) 2) 'B) (4) "O) (6) Electoral (Truth in Advertising) Amendment Bill 2010 Part 2 Amendment of Electoral Act 1992 [s 4] (b) deliberately make a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent. Maximum penalty—100 penalty units. It is a defence to a prosecution for an offence against subsection (1)(a) for the defendant to prove the defendant— (a) took no part in deciding the content of the electoral advertisement; and (b) could not reasonably be expected to have known that the statement to which the prosecution relates was inaccurate and misleading. If the commission is satisfied subsection (1)(a) has been contravened, it may by a written notice (a correction request) ask the advertiser of the electoral advertisement to do either or both of the following— (a) withdraw the advertisement from further publication; (b) publish a retraction in stated terms and in a stated way. In a proceeding for an offence against subsection (1)(a) relating to an electoral advertisement for which a correction request has been made, the advertiser's response to the request must be taken into account in considering any penalty. If the Supreme Court is satisfied beyond reasonable doubt that subsection (1)(a) has been contravened, the court may, on the application of the commission, order the advertiser of the electoral advertisement to do either or both of the following— (a) withdraw the advertisement from further publication; (b) publish a retraction in stated terms and in a stated way. In a proceeding for an offence against subsection (1)(a)— (a) an electoral advertisement that includes a statement that its publication was authorised by a stated person; or (b) an electoral advertisement that includes a statement that it was printed on the instructions of a stated person; or Page 5 Co AN DN FF WNe iS) COM N DD NSWN KO N — NWNnNN nABWN ian) aon a wWhd ow W WwW Nok Clause Clause Electoral (Truth in Advertising) Amendment Bill 2010 Part 3 Amendment of Local Government Act 1993 [s 5] (c) an apparently genuine document purporting to be a certificate by the commissioner stating that the commission made a correction request relating to a stated electoral advertisement; is evidence of the matter stated. '(7) In this section— advertiser, for a provision about an electoral advertisement, means anyone who published the advertisement or authorised its publication. electoral advertisement means an advertisement containing election matter, whether or not consideration was given for the publication of the advertisement. publication, of an electoral advertisement, means the broadcasting or publishing of it in any way, including, for example, on the internet, even if the internet site on which the publication is made is located outside Queensland.' . Part 3 Amendment of Local Government Act 1993 5 Act amended This part amends the Local Government Act 1993. 6 Insertion of new s 393A After section 393— insert— '393A Misleading electoral advertisements or statements "(1)_ A person must not— (a) authorise, cause or permit the publication of an electoral advertisement containing a statement purporting to be a Page 6 COMAAN DUN PWNK a NRO eR Ree Nun wW 18 20 222427 2) 'B) (4) "O) (6) Electoral (Truth in Advertising) Amendment Bill 2010 Part 3 Amendment of Local Government Act 1993 [s 6] statement of fact that is inaccurate and misleading to a material extent; or (b) deliberately make a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent. Maximum penalty—100 penalty units. It is a defence to a prosecution for an offence against subsection (1)(a) for the defendant to prove the defendant— (a) took no part in deciding the content of the electoral advertisement; and (b) could not reasonably be expected to have known that the statement to which the prosecution relates was inaccurate and misleading. If the electoral commission is satisfied subsection (1)(a) has been contravened, it may by a written notice (a correction request) ask the advertiser of the electoral advertisement to do either or both of the following— (a) withdraw the advertisement from further publication; (b) publish a retraction in stated terms and in a stated way. In a proceeding for an offence against subsection (1)(a) relating to an electoral advertisement for which a correction request has been made, the advertiser's response to the request must be taken into account in considering any penalty. If the Supreme Court is satisfied beyond reasonable doubt that subsection (1)(a) has been contravened, the court may, on the application of the electoral commission, order the advertiser of the electoral advertisement to do either or both of the following— (a) withdraw the advertisement from further publication; (b) publish a retraction in stated terms and in a stated way. In a proceeding for an offence against subsection (1)(a)— (a) an electoral advertisement that includes a statement that its publication was authorised by a stated person; or Page 7 © AND NPW NK Co WAIDNMNHP WNFK CO NNW W WNrF © NNNYNWN OrNDNDWKA WwW WwW NY -e Oo 0 WwW Wn Clause Clause Electoral (Truth in Advertising) Amendment Bill 2010 Part 4 Amendment of Local Government Act 2009 [s 7] (b) an electoral advertisement that includes a statement that it was printed on the instructions of a stated person; or (c) an apparently genuine document purporting to be a certificate by the commissioner stating that the electoral commission made a correction request relating to a stated electoral advertisement; is evidence of the matter stated. '(7) In this section— advertiser, for a provision about an electoral advertisement, means anyone who published the advertisement or authorised its publication. electoral advertisement means an advertisement containing election matter, whether or not consideration was given for the publication of the advertisement. publication, of an electoral advertisement, means the broadcasting or publishing of it in any way, including, for example, on the internet, even if the internet site on which the publication is made is located outside Queensland.' . Part 4 Amendment of Local Government Act 2009 Act amended This part amends the Local Government Act 2009. Insertion of new s 260A Chapter 7, part 6— insert— '260A Misleading electoral advertisements or statements Page 8 "(1)_ A person must not— Oo mMmNANI ADANBW NKR DAAIADMN FWN FO 20 22 2426 2) 'B) (4) "O) (6) Electoral (Truth in Advertising) Amendment Bill 2010 Part 4 Amendment of Local Government Act 2009 [s 8] (a) authorise, cause or permit the publication of an electoral advertisement containing a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent; or (b) deliberately make a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent. Maximum penalty—100 penalty units. It is a defence to a prosecution for an offence against subsection (1)(a) for the defendant to prove the defendant— (a) took no part in deciding the content of the electoral advertisement; and (b) could not reasonably be expected to have known that the statement to which the prosecution relates was inaccurate and misleading. If the electoral commission is satisfied subsection (1)(a) has been contravened, it may by a written notice (a correction request) ask the advertiser of the electoral advertisement to do either or both of the following— (a) withdraw the advertisement from further publication; (b) publish a retraction in stated terms and in a stated way. In a proceeding for an offence against subsection (1)(a) relating to an electoral advertisement for which a correction request has been made, the advertiser's response to the request must be taken into account in considering any penalty. If the Supreme Court is satisfied beyond reasonable doubt that subsection (1)(a) has been contravened, the court may, on the application of the electoral commission, order the advertiser of the electoral advertisement to do either or both of the following— (a) withdraw the advertisement from further publication; (b) publish a retraction in stated terms and in a stated way. In a proceeding for an offence against subsection (1)(a)— Page 9 Co WM AIDN PWNK CAND NHW NY CO NY WwW re Oo NWNNW nABWN WNNNNY COU MAND Ww WwW WwW Ww NY & Electoral (Truth in Advertising) Amendment Bill 2010 Part 4 Amendment of Local Government Act 2009 [s 8] 7) Page 10 (a) an electoral advertisement that includes a statement that its publication was authorised by a stated person; or (b) an electoral advertisement that includes a statement that it was printed on the instructions of a stated person; or (c) an apparently genuine document purporting to be a certificate by the commissioner stating that the electoral commission made a correction request relating to a stated electoral advertisement; is evidence of the matter stated. In this section— advertiser, for a provision about an electoral advertisement, means anyone who published the advertisement or authorised its publication. election means an election of councillors, or a councillor, of a local government. election matter means anything able to, or intended to— (a) influence an elector about voting at an election; or (b) affect the result of an election. electoral advertisement means an advertisement containing election matter, whether or not consideration was given for the publication of the advertisement. publication, of an electoral advertisement, means the broadcasting or publishing of it in any way, including, for example, on the internet, even if the internet site on which the publication is made is located outside Queensland.' . C0 OAIDN PW NK oN aA UNF WNrF CO Nw ro) NWNnNN nABWN