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Exemption for certain activities by family members of candidates

Parliamentary Elections (Exemption from section 83(1)(c) and (2)) Regulations 2011

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—(1) Section 83(1)(c) and (2) of the Act does not apply to a family member of a candidate by reason only that the family member engages in one or more of the following activities:(a)the family member wears, uses, carries or displays an election advertisement that —(i)forms part of any thing mentioned in section 61B(9)(a)(i), (ii) or (iii) of the Act or prescribed for the purposes of section 61B(9)(a)(iii) of the Act; and(ii)consists only of permissible electoral matter relating to the candidate or the candidate’s political party;(b)the family member displays or causes to be displayed an election advertisement mentioned in sub‑paragraph (a) outside the candidate’s home or the family member’s home, or both;(c)the family member displays or causes to be displayed a traditional election advertisement outside the candidate’s home or the family member’s home, or both;(d)the family member appears in, or allows his or her voice or image to be used in, an election advertisement that —(i)relates to the candidate or the candidate’s political party; and(ii)does not contain any statement or action that —(A)is made by or can reasonably be attributed to the family member; and(B)endeavours to persuade any person to give, or dissuade any person from giving, his or her vote at the election;(e)the family member displays the name of the candidate or the name or symbol of the candidate’s political party in the profile of a social media service used by the family member;(f)the family member accompanies the candidate for any election activity (including any walkabout, house visits or election rally);(g)the family member —(i)accompanies the candidate; and(ii)greets, waves to or shakes hands with, any member of the public,while the candidate is engaged in an election activity (including any walkabout, house visits or election rally);(h)the family member accompanies or assists the candidate in putting up, removing or adjusting any traditional election advertisement relating to the candidate or the candidate’s political party;(i)the family member accompanies or assists the candidate in any work mentioned in regulation 3(c) or (d).(2) In this regulation —“election advertisement” means an item of election advertising;“family member”, in relation to a candidate, means —(a)the candidate’s spouse;(b)the candidate’s child, adopted child or stepchild;(c)the candidate’s sibling, adoptive sibling, half‑sibling or stepsibling; or(d)the candidate’s parent, adoptive parent or step‑parent;“permissible electoral matter” has the meaning given by section 61S(1) of the Act;“political party”, in relation to a candidate, means the political party to whom the candidate belongs;“social media service” has the meaning given by section 61S(1) of the Act;“traditional election advertisement” means an item of non‑online election advertising in the form of a banner, flag or poster.

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