New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 151G

151G Registration of electoral material

(1) For the purposes of section 151F, an application may be made, in accordance with the regulations, to the Electoral Commissioner for the registration of electoral material for a particular election and for a particular district or districts.

(2) An application must be made during the period commencing on the day of nomination for the election and ending at 5 pm on the day that is 8 days before the polling day for the election, or during such other period as is fixed by the writ for the election.

(2A) However, an application may be made to the Electoral Commissioner (after the issue of the writ and before the day of nomination) for preliminary advice on whether electoral material may be registered, even though the material is incomplete.

(3) An application must contain a draft or sample of the electoral material.

(3A) The form of application must make provision for the applicant to indicate whether or not the electoral material to which it relates should be available for perusal under section 114ZR (6A).

(4) The Electoral Commissioner may allow the draft or sample to be altered or replaced before agreeing to registration.

(5) Registration of the electoral material is effected by the issue of a certificate of registration (in a form approved by the Electoral Commissioner) in respect of a draft or sample of the electoral material.

(6) The Electoral Commissioner shall register the electoral material if satisfied that registration is not prohibited by this section.

(7) The Electoral Commissioner may however refuse to register the electoral material if the application for registration was not made in accordance with this section.

(7A) The Electoral Commissioner must not register the electoral material if it appears to the Commissioner:

(a) that the material does not include in legible characters:

(i) the name and address of the person on whose instructions the material was printed, and

(ii) the name of the printer and address at which it was printed, or

(a1) that the material does not clearly identify the person, political party, organisation or group on whose behalf the material is to be distributed, or

(b) that the material could result in an elector casting an informal vote, or

(c) that the material contains words that are obscene or offensive.

(8) Without affecting the generality of subsection (7A), the Electoral Commissioner must not register electoral material referred to in subsection (8A) if it appears to the Commissioner:

(a) in the case of material that contains directions or suggestions (whether express or implied) as to how to vote in accordance with the voting directions of a political party, group of candidates or candidate, that:

(i) the party is not registered under Part 4A or the group or candidate is not registered under the Election Funding Act 1981 , or

(ii) the application was not made by the registered officer, by the candidates in the group or their official agent or by the candidate or the candidate’s official agent (respectively),

(b) in the case of material that contains any representation or indication (whether express or implied) that any candidate is a member of, or pursues or supports any or all of the objects or platform (whether with or without modification) of, a particular political party or group of candidates, that:

(i) the party is not registered under Part 4A or the group is not registered under the Election Funding Act 1981 ,

(ii) the candidate’s affiliation with the party or group is not included in the Register of Candidates under that Act, or

(iii) the application was not endorsed in writing by the registered officer or by the other candidates in the group or their official agent,

(c) in the case of material that contains directions or suggestions (whether express or implied) as to how to vote in accordance with the voting directions of a political party or group of candidates in respect of an electoral district, that:

(i) the party or group has not endorsed a candidate for the district, or

(ii) the material directs or suggests that a candidate not endorsed by it should be given the first preference vote,

(d) in the case of material that contains directions or suggestions (whether express or implied) as to how to vote in accordance with the voting directions of a political party or group of candidates in respect of a periodic Council election, that:

(i) the party or group has not endorsed a candidate for the election, or

(ii) the material directs or suggests that a candidate or candidates not endorsed by it should be given the first or highest preference or preferences,

(e) in the case of material that contains directions or suggestions (whether express or implied) as to how to vote in accordance with the voting directions of a candidate in respect of an electoral district or periodic Council election, that:

(i) the candidate is not a candidate for that district, or

(ii) the candidate is not a candidate in that election, or

(f) that the material is intended or likely to mislead or improperly interfere with any elector in or in relation to the casting of his or her vote, because of the use, in the material, of any matter suggesting or indicating party or group affiliation (whether or not that matter is the same as or similar to matter included in a register under the Election Funding Act 1981 ).

(8A) Subsection (8) applies only to electoral material consisting of a “how to vote” card, handbill, pamphlet or notice:

(a) containing any representation of a ballot paper or portion of a ballot paper, or

(b) containing any representation apparently intended to represent a ballot paper or portion of a ballot paper, or

(c) having on it any directions or suggestions (whether express or implied) in relation to the casting of votes.

(8B) The certificate of registration must specify the election and the district or districts for which the electoral material is registered.

(9) Registration may be unconditional or subject to conditions specified in the certificate of registration.

(10) A certificate signed by the Electoral Commissioner and certifying that specified material was or was not registered:

(a) on a specified day or during a specified period, or

(b) for a particular election, or

(c) for a particular district or particular districts,

is admissible in proceedings for an offence under section 151F and is prima facie evidence of the matters certified.

(11) Electoral material shall be taken to be registered in accordance with this section even though the material contains some differences from the draft or sample in respect of which the certificate of registration was issued, so long as the material is substantially the same as the draft or sample.

(12) Registration of electoral material is not a defence to a prosecution for an offence under section 151A.

(12A) A copy of:

(a) electoral material registered under this section for a district, and

(b) the relevant certificate of registration,

must be available for inspection at the office of the returning officer for the district during the hours of polling on polling day, and on all days to which the polling is adjourned, at the request of any person enrolled for the district or of any scrutineer.

(13) In this section:
"electoral material" has the same meaning as in section 151F.
"official agent" has the same meaning as in the Election Funding Act 1981 .