Parliamentary Elections Act 1954 · 2020 Revised Edition · Part 3 · Elections
61Q. Defences
Feedback & supportLast amended by an amending law of 2023.
In any proceedings for an offence under Division 1, 2 or 3, it is a defence to the charge if the accused proves, on a balance of probabilities, that —
the accused —
did not know and could not reasonably have known that the offence would be or is being committed; and
took all reasonable steps and exercised all due diligence to prevent or stop the commission of the offence or further commission of that offence when the accused became aware that it was committed; or
the commission of the offence arose from circumstances beyond the accused’s control.
Every offence under Division 1, 2 or 3 or any election advertising regulations is an arrestable offence within the meaning of the Criminal Procedure Code 2010.
election advertising
“election advertising” means any poster, banner, notice, circular, handbill, illustration, article, advertisement or other material that can reasonably be regarded as intended —(a)to promote or procure the electoral success at any election for one or more identifiable political parties, candidates or groups of candidates; or(b)to otherwise enhance the standing of any such political parties, candidates or groups of candidates with the electorate in connection with any election,and such material is election advertising even though it can reasonably be regarded as intended to achieve any other purpose as well and even though it does not expressly mention the name of any political party or candidate, but excludes any button, badge, pen, pencil, balloon and any other thing prescribed by the Minister by notification in the Gazette;