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ELECTORAL ACT 1985 - SECT 112A

ELECTORAL ACT 1985 - SECT 112A

112A—Special provision relating to how-to-vote cards

        (1)         During the election period for an election, a person must not distribute, or cause or permit to be distributed, a how-to-vote card unless—

            (a)         the name (being the name by which the person is usually known) and address (not being a post office box) of the person who authorised the card appears at the bottom of the card; and

            (b)         if the card is authorised—

                  (i)         for a registered political party or a candidate endorsed by a registered political party—the party's name or, if the Register of Political Parties includes an abbreviation of the party's name, that abbreviation; or

                  (ii)         for a candidate who is not endorsed by a registered political party—the candidate's name and the word "candidate",

is stated on the card in accordance with any requirements prescribed by the regulations; and

            (c)         the card—

                  (i)         has substantially the same appearance as a how-to-vote card that—

                        (A)         has been submitted for inclusion in posters under section 66; or

                        (B)         has been lodged with the Electoral Commissioner no later than 12 noon on the day falling 8 days before polling day; or

                  (ii)         is a compilation of more than 1 how-to-vote card of a kind referred to in subparagraph (i) (provided that those how-to-vote cards relate to different electoral districts).

Maximum penalty: $5 000.

        (2)         A how-to-vote card lodged with the Electoral Commissioner under subsection (1)(c)(i)(B) must—

            (a)         be lodged in a manner determined by the Electoral Commissioner; and

            (b)         comply with any requirements prescribed by the regulations.

        (3)         If a how-to-vote card is lodged with the Electoral Commissioner under subsection (1)(c)(i)(B) by or on behalf of a candidate, no further how-to-vote card may be lodged in relation to the same election by or on behalf of that candidate.

        (4)         If a how-to-vote card is submitted to the Electoral Commissioner by or on behalf of a candidate in accordance with section 66 (the "initial submitted how-to-vote card ), any how-to-vote card that—

            (a)         is subsequently lodged with the Electoral Commissioner under subsection (1)(c)(i)(B) or distributed in relation to the same election; and

            (b)         relates to the candidate; and

            (c)         is authorised by or for the candidate or a registered political party of which the candidate is a member,

must have substantially the same appearance as the initial submitted how-to-vote card.

        (5)         A person who distributes a how-to-vote card in contravention of subsection (4) is guilty of an offence.

Maximum penalty: $5 000.

        (5a)         If the Electoral Commissioner is satisfied that a how-to-vote card has been distributed in contravention of this section, the Electoral Commissioner may request that the person who authorised the card do either or both of the following:

            (a)         immediately cease distributing, or causing or permitting the distribution of, the how-to-vote card;

            (b)         publish a retraction in specified terms and a specified manner and form,

(and in proceedings for an offence against this section arising from the distribution of the how-to-vote card, the authorised person's response to a request under this subsection will be taken into account in assessing any penalty to which the person may be liable).

        (6)         For the purposes of this section, how-to-vote cards will be taken to have "substantially the same appearance" if the cards are identical except for—

            (a)         the size or shape of the cards; or

            (b)         the fonts used in the cards; or

            (c)         the material or medium on which the cards are printed or published; or

            (d)         the manner in which the cards suggest that a voter indicate the order of preference for candidates on the ballot paper; or

            (e)         any other matter prescribed by the regulations for the purposes of this subsection.

        (7)         Despite subsection (6), a how-to-vote card distributed by or on behalf of a candidate (the "relevant candidate") will be taken not to have substantially the same appearance as—

            (a)         the relevant candidate's initial submitted how-to-vote card (if any); or

            (b)         a how-to-vote card lodged under subsection (1)(c)(i)(B) by or on behalf of the relevant candidate,

if—

            (c)         the distributed how-to-vote card indicates that the first preference vote should be given to a different candidate from the relevant candidate or any other candidate indicated as a candidate to whom a first preference vote should be given on a how-to-vote card referred to in paragraph (a) or (b); and

            (d)         the relevant candidate has not given written notice at least 8 days before the card is distributed and in accordance with any other requirements of the regulations to the candidate to whom the distributed how-to-vote card indicates that the first preference vote should be given.

        (8)         In this section—

"distribute" a how-to-vote card includes make the card available (including in electronic form) to other persons;

"how-to-vote card" includes any material that has the appearance of a how-to-vote card (whether published on its own or as part of any other material).