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
(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).