Elections Act 2022
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Change 1
44 Electronic material to which section 41 applies: other electronic material
(1) Section 41 applies to electronic material which meets the following conditions. (2) The first condition is that the electronic material— (a) can reasonably be regarded as intended to achieve any purpose within section 45 (whether or not it can reasonably be regarded as intended to achieve any other purpose as well), or (b) wholly or mainly relates to a referendum to which Part 7 of PPERA applies and is published during the referendum period (within the meaning of that Part) for that referendum. (3) The second condition is that the promoter of the material or the person on behalf of whom it is published is— (a) a registered party, (b) a recognised third party, (c) a candidate or future candidate, (d) an elected office-holder, (e) a referendum campaigner, or (f) a recall petition campaigner. (4) The third condition is that neither the promoter of the material, nor the person on behalf of whom the material is published, has paid for the material to be published as an advertisement. (5) Subsections (4) to (6) of section 42 apply in relation to subsection (4) as they apply in relation to subsection (3) of that section.
44 Electronic material to which section 41 applies: other electronic material
(1) Section 41 applies to electronic material which meets the following conditions. (2) The first condition is that the electronic material— (a) can reasonably be regarded as intended to achieve any purpose within section 45 (whether or not it can reasonably be regarded as intended to achieve any other purpose as well), or (b) wholly or mainly relates to a referendum to which Part 7 of PPERA applies and is published during the referendum period (within the meaning of that Part) for that referendum. (3) The second condition is that the promoter of the material or the person on behalf of whom it is published is— (a) a registered party, (b) a recognised third party, (c) a candidate or future candidate, (d) an elected office-holder, (e) a referendum campaigner, or (f) a recall petition campaigner. (4) The third condition is that neither the promoter of the material, nor the person on behalf of whom the material is published, has paid for the material to be published as an advertisement. (5) Subsections (4) to (6) of section 42 apply in relation to subsection (4) as they apply in relation to subsection (3) of that section.
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