New South Wales Repealed Regulations

This legislation has been repealed.

LOCAL GOVERNMENT (ELECTIONS) REGULATION 1998 - REG 38A

38A Registration of electoral material

(1) For the purposes of clause 108A, an application may be made, in a form approved by the Electoral Commissioner, to the Electoral Commissioner for the registration of electoral material for a particular election.

(2) An application must be made during the period commencing on nomination day for the election and ending on the day that is 8 days after that day.

(3) However, an application may be made to the Electoral Commissioner, during the period commencing on the third day before nomination day and ending on the day before nomination day, for preliminary advice on whether electoral material may be registered, even though the material is incomplete.

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

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

(6) 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.

(7) The Electoral Commissioner must register the electoral material if satisfied that registration is not prohibited by this clause.

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

(9) The Electoral Commissioner must not register the electoral material if it appears to the Electoral 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 ticket of a political party, group of candidates or candidate, that:

(i) the party is not registered under Part 7 of Chapter 10 of the Act or the group or candidate is not registered under Part 8 of Chapter 10 of the Act, 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), or

(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 7 of Chapter 10 of the Act or the group is not registered under Part 8 of Chapter 10 of the Act, or

(ii) the candidate’s affiliation with the party or group is not included in the Local Government Register of Candidates under section 325 of the 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, or

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

(d) in the case of material that contains directions or suggestions (whether express or implied) as to how to vote in accordance with the ticket of a candidate in respect of an election, that the candidate is not a candidate in that election, or

(e) in the case of material that contains directions or suggestions (whether express or implied) as to how to vote without using group voting squares, that the material does not indicate preferences for at least the number of candidates to be elected, or

(f) in the case of material that contains directions or suggestions (whether express or implied) as to how to vote by using group voting squares, that the material does not indicate preferences for at least two groups having group voting squares, or

(g) 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 Part 8 of Chapter 10 of the Act), or

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

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

(11) A certificate signed by the Electoral Commissioner and certifying that specified material was or was not registered on a specified day or during a specified period is admissible in proceedings for an offence under clause 108A and is, without the need for further proof, evidence of the matters certified.

(12) Electoral material is to be taken to be registered in accordance with this clause 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.

(13) Registration of electoral material is not a defence to a prosecution for an offence under clause 109.

(14) In this clause:
"electoral material" means any “how to vote” card, handbill, pamphlet or card:

(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.

"official agent" has the same meaning as it has in the Election Funding Act 1981 .