Page 2332 - Week 07 - Thursday, 27 August 2020
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(b) at the time the gift is given, the person is not a gambling business or a close associate of a gambling business; and
(c) within 12 months after the gift is given, the person becomes a gambling business or a close associate of a gambling business.
(2) The giver of the gift must pay to the Territory an amount equal to the amount of the gift.
(3) The amount payable under subsection (2) is a debt payable to the Territory by the giver of the gift and may be recovered by a proceeding in a court of competent jurisdiction.
39
Proposed new clauses 11A and 11B
Page 14, line 26—
insert
11A Section 297 heading
substitute
297 Misleading electoral matter affecting casting of vote
11B New section 297A
insert
297A Misleading electoral advertising
(1) A person commits an offence if—
(a) the person disseminates, or authorises the dissemination of, an advertisement containing electoral matter; and
(b) the advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent.
Maximum penalty: 50 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) if it is proved by the defendant that the defendant—
(a) took no part in deciding the content of the advertisement; and
(b) could not reasonably be expected to have known that the statement was inaccurate and misleading.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3) If the commissioner is satisfied that subsection (1) (a) and (b) apply, the commissioner may ask the person, in writing, to do 1 or more of the following:
(a) not disseminate the advertisement again;
(b) publish a retraction in stated terms and in a stated way.
(4) If a person is found guilty of an offence against this section, the court must take the person’s response to any request under subsection (3) into account in deciding the penalty for the offence.
(5) On application by the commissioner, the Supreme Court may, if satisfied that subsection (1) (a) and (b) apply, order the person to do 1 or more of the following:
(a) not disseminate the advertisement again;
(b) publish a retraction in stated terms and in a stated way.
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