ELECTORAL ACT 1985 - SECT 112B
ELECTORAL ACT 1985 - SECT 112B
112B—Certain descriptions not to be used
(1) A person must not
publish or distribute an electoral advertisement or a how-to-vote card that
identifies a candidate—
(a) by
reference to the registered name of a registered political party or a
composite name consisting of the registered names of 2 registered
political parties; or
(ab) by
use of the word or a set of words containing the word
"Independent" and—
(i)
the name, or an abbreviation or acronym of the name, of a
parliamentary party or a registered political party; or
(ii)
matter that so nearly resembles the name, or an
abbreviation or acronym of the name, of a registered political party that the
matter is likely to be confused with or mistaken for that name or that
abbreviation or acronym; or
(b) by
the use of a word or set of words that could not be, or may not be able to be,
registered as the name, or as part of the name, of a political party under
Part 6 because of the operation of section 42(3)(b),
unless—
(c) the
candidate is endorsed by the relevant parliamentary party or
registered political party (as the case may be); or
(d) the
relevant parliamentary party or registered political party has consented to
the use of the relevant name or names or word or words (as the case may be).
Maximum penalty: $5 000.
(1a) A person must not
publish or distribute an electoral advertisement or a how-to-vote card that
identifies a candidate by use of the word "Independent" if the candidate is
endorsed by a registered political party.
Maximum penalty: $5 000.
(2)
Subsections (1) and (1a) apply to publication by any means (including
radio or television).
(3)
Subsections (1) and (1a) do not prevent the publication of background
information, a personal profile, or a declaration of policy, by or in relation
to a candidate.
(4) In this
section—
"distribute" an electoral advertisement or how-to-vote card includes make the
relevant advertisement or how-to-vote card available (including in electronic
form) to other persons.