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PROC Committee Report

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APPENDIX A

91 (1) No person shall, with the intention of affecting the results of an election, knowingly make or publish any false statement of fact in relation to the personal character or conduct of a candidate, prospective candidate, leader of a registered party, or of a person closely associated with the campaign of a candidate, prospective candidate, registered party or the leader of a registered party.

(2) For the purposes of subsection (1), a false statement of fact in relation to the personal character or conduct of a person is one that is likely to have a significant prejudicial effect on the impression electors have of the person by reason that it falsely ascribes serious defects and failings to the person, including

  1. the commission of a criminal act;
  2. views or behaviour fundamentally inconsistent with what is generally expected of an elected official; or
  3. feelings of hatred, contempt for or deep-rooted prejudice against an identifiable group.