The legislation means the same rules that apply to advertising during an election campaign, also apply to the postal vote.

Households across the greater Tamworth area have reported receiving a pamphlet entitled “10 reasons to vote No” from “a member of the deeply concerned and silenced majority”.

Law Council of Australia president Fiona McLeod said the legislation was not retrospective, but if the pamphlet has been distributed since the rules came into effect on Thursday, September 14, it would be in breach of the legislation.

“Any material that is published, a pamphlet, advert, anything like that needs to have an authorisation statement, which says who authorised it, along with their address,” Ms McLeod said.

“That allows people to see who stands behind various pieces of material that get published. 

“It’s not a ban on expressing a view, you just have to follow authorisation requirements.

“This bill signals to people who want to debate the merits of the postal survey to do so respectfully.”

The rules apply to everything from leaflets to fridge stickers. Even schools expressing a view on the postal vote in a school newsletter would be subject to the authorisation rule.

Failing to include an authorisation statement can result in a fine up to $24,000.

There are also a range of civil penalties for interfering with the survey or making misleading statements.

Ms McLeod said anyone who believes advertising material has breached the legislation can report it to the Australian Electoral Commission.

“It has the power to seek an injunction to prevent the further distribution of the material,” she said. 

“From there, the electoral commission can investigate possible penalties.”

The Australian Bureau of Statistics says the survey mail-out is on schedule.

Anyone who hasn’t received their survey material by September 25 can request another be sent via the ABS website.