Electoral Amendment Act 2002

80 Interfering with or influencing voters
  • Section 197 of the principal Act is amended by inserting, after subsection (2), the following subsection:

    • (2A) It is a defence to a prosecution for an offence against paragraph (g) of subsection (1) that relates to the publication on an Internet web site of a statement or other material specified in that paragraph, if the defendant proves that—

      • (a) the statement or material was placed on the web site before polling day; and

      • (b) the defendant did not operate or permit the operation of systems that cause the statement or material on the web site to be made available, on polling day, to persons other than persons who voluntarily access the web site; and

      • (c) the defendant did not, on polling day, distribute, broadcast, or exhibit in or in view of a public place, or publish, or at any time cause to be published, in an issue of a newspaper or magazine that is first issued on polling day any material promoting or advertising the web site.