288.Section 143 requires that advertisements and other election material designed to promote or procure the electoral success of a registered party or candidates who hold particular opinions must include certain specified information. Subsections (2) to (5) are concerned with printed documents such as leaflets, posters and newspaper advertisements. Subsection (2) specifies the relevant details that must be included in a printed document, namely the name and address of the printer, promoter, and any other person on behalf of whom the material is published (and who is not the promoter). The “promoter” of the material (in subsection (2)(b)) is intended to cover the agent of the registered party or third party who caused the material to be published. The person referred to in subsection (2)(c) is the registered party or third party itself. Subsection (3) is concerned with a single-sided document such as a poster. Subsection (4) is concerned with documents of two or more sides such as a leaflet. Subsection (5) is concerned with advertisements in newspapers or periodicals. Subsections (6) and (7) enable regulations to be made imposing requirements as to the inclusion of relevant details in any election material which is not a printed document. Subsections (8) to (10) create offences and provide for a defence where a contravention of the requirements took place in circumstances beyond a person’s control (for example, where the agent of a party supplied to a newspaper the text of an advertisement which included the relevant details, but owing to an error by the newspaper publisher these details did not appear in the advertisement as printed). Subsection (11) defines certain terms used in the section, including “election material” which has the same meaning as in section 85(3).
Commentary on Sections Part X : Miscellaneous and general Section 143 : Details to appear on election material