Part 6: Information to be included with Electronic Material Requirements Section 48: Offence of breaching section 41
Section 48 sets out the offences, defences and penalties under the regime. Subsection (1) provides that where electronic material is published without an imprint (in contravention of the requirements in section 41), the promoter of the material and any person on behalf of whom the material is being published (if not the promoter) becomes liable for a criminal offence. The penalties are set out in subsection (2) and defences in subsections (3), (4) and (5).
	Under subsection (7) a court must notify the Electoral Commission when a person is convicted of an offence under subsection (1) and the sentence imposed, as soon as is practicable.
	Subsection (8) makes the section subject to Schedule 11 which provides for candidates and their election agents to be guilty of an illegal practice rather than guilty of an offence under this section.
	Subsection (9) cross refers to section 49 which provides for the removal of electronic material post conviction of an offence under this section.