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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Commonwealth Electoral Amendment
(Stop the Lies) Bill 2021
No. , 2021
(Ms Steggall)
A Bill for an Act to amend the Commonwealth
Electoral Act 1918, and for related purposes
No. , 2021
Commonwealth Electoral Amendment (Stop the Lies) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Commonwealth Electoral Act 1918
3
No. , 2021
Commonwealth Electoral Amendment (Stop the Lies) Bill 2021
1
A Bill for an Act to amend the Commonwealth
1
Electoral Act 1918, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Commonwealth Electoral Amendment (Stop the
5
Lies) Act 2021
.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Commonwealth Electoral Amendment (Stop the Lies) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2021
Commonwealth Electoral Amendment (Stop the Lies) Bill 2021
3
Schedule 1--Amendments
1
2
Commonwealth Electoral Act 1918
3
1 After Part XXA
4
Insert:
5
Part XXB--Misleading and deceptive political
6
advertising
7
8
321J Definitions
9
In this Part:
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election participant
: see subsection 321K(3).
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engage in conduct
means:
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(a) do an act; or
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(b) omit to perform an act.
14
publish
means communicate by any means, including by print,
15
radio, television, internet or telephone.
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321K Electoral matter that is misleading or deceptive etc.
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Electoral matter that is misleading or deceptive etc.
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(1) A person must not print, publish or distribute, or cause, permit or
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authorize to be printed, published or distributed, electoral matter if
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the electoral matter contains a statement in relation to a matter of
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fact (including an implied statement) that is:
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(a) misleading or deceptive to a material extent; or
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(b) likely to mislead or deceive to a material extent.
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Example: Electoral matter that states that a candidate in an election made a
25
statement that the candidate did not make.
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Note:
See also section 329 (Misleading or deceptive publications etc. in
27
relation to the casting of a vote).
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Schedule 1
Amendments
4
Commonwealth Electoral Amendment (Stop the Lies) Bill 2021
No. , 2021
Impersonating or passing-off
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(2) Without limiting subsection (1), a person must not engage in
2
conduct if:
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(a) the conduct is likely to cause another person to believe any of
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the following in relation to electoral matter that is printed,
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published or distributed:
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(i) the electoral matter is printed, published or distributed
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by a particular election participant;
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(ii) a particular election participant caused, permitted or
9
authorised the electoral matter to be printed, published
10
or distributed;
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(iii) the electoral matter is authorised by a particular election
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participant; and
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(b) that belief would be incorrect.
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Example 1: Electoral matter that purports to have been published by the campaign
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of a candidate in an election but is actually published by someone
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opposed to the candidate.
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Example 2: A pre-recorded telephone message that consists of a voice recording
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of someone impersonating a candidate in an election.
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(3) Each of the following is an
election participant
:
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(a) a political entity;
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(b) a political campaigner (within the meaning of section 287);
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(c) a member or official of the Electoral Commission (see
23
section 6).
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321L Complaints
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Any person may make a written complaint to the Electoral
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Commissioner that another person has breached section 321K.
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321M Powers of Electoral Commissioner
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Electoral Commissioner may investigate possible breaches
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(1) The Electoral Commissioner may investigate (whether in response
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to a complaint made under section 321L or on the Electoral
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Commissioner's own initiative) a possible breach of section 321K
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Amendments
Schedule 1
No. , 2021
Commonwealth Electoral Amendment (Stop the Lies) Bill 2021
5
if the Commissioner is satisfied on reasonable grounds that the
1
investigation would be in the public interest.
2
Electoral Commissioner may request person to end breaches
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(2) If the Electoral Commissioner is satisfied on reasonable grounds
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(whether or not following an investigation under subsection (1) of
5
this section) that a person has breached section 321K, the Electoral
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Commissioner may:
7
(a) ask the person not to print, publish or distribute the relevant
8
electoral matter, or not to cause, permit or authorize the
9
relevant electoral matter to be printed, published or
10
distributed; or
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(b) ask the person to publish, or cause to be published, a
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retraction or correction in specified terms and in a specified
13
way; or
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(c) publish a correction.
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321N Powers of courts
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(1) On application by:
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(a) the Electoral Commissioner; or
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(b) a person who has made a complaint under section 321L;
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a court of competent jurisdiction that is satisfied on reasonable
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grounds that a person has contravened section 321K may order the
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person:
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(c) not to print, publish or distribute the relevant electoral matter,
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or not to cause, permit or authorize the relevant electoral
24
matter to be printed, published or distributed; or
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(d) to publish, or cause to be published, a retraction or correction
26
in specified terms and in a specified way.
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(2) The Electoral Commissioner must not make an application under
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paragraph (1)(a) in relation to a contravention of section 321K
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unless he or she has made a request under subsection 321M(2) in
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relation to the contravention.
31
(3) Without limiting the powers of a court in dealing with an
32
application made under paragraph (1)(b), the court may dismiss
33
such an application if the application:
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Schedule 1
Amendments
6
Commonwealth Electoral Amendment (Stop the Lies) Bill 2021
No. , 2021
(i) is frivolous, vexatious, misconceived or lacking in substance;
1
or
2
(ii) has no reasonable prospects of success; or
3
(iii) is otherwise an abuse of the process of the court.
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321P Offence
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(1) A person commits an offence if:
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(a) the person is subject to a requirement under section 321K;
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and
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(b) the person engages in conduct; and
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(c) the person's conduct breaches the requirement.
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Penalty: 50 penalty units.
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(2) If a person is found guilty of an offence against subsection (1) of
12
this section, the court must take the person's response to any
13
relevant request under subsection 321M(2) into account in deciding
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the penalty for the offence.
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(3) Section 15.2 of the
Criminal Code
(extended geographical
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jurisdiction--category B) applies to an offence against
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subsection (1) of this section.
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2 Section 329 (at the end of the heading)
19
Add, "
in relation to the casting of a vote
".
20
3 After subsection 383(10)
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Insert:
22
This section does not apply in relation to contraventions of
23
Part XXB
24
(10A) This section does not apply in relation to a contravention of, or an
25
offence against, Part XXB (Misleading and deceptive political
26
advertising).
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