New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 105A

105A Request for use of independent candidate logo

(1) A candidate, or a person intending to become a candidate, in an Assembly election may make a written request that a logo be printed on the ballot papers for the election adjacent to the candidate's name.

(2) The request must include the following--

(a) a copy of the logo as a black and white image in a format determined by the Electoral Commissioner,

(b) a declaration that the use of the logo will not infringe the intellectual property rights of any person,

(c) other requirements relating to the logo as determined by the Electoral Commissioner.

(3) The request must be given to the Electoral Commissioner at least 2 weeks, or another period prescribed by the regulations, before 12 noon on the nomination day.

(4) The Electoral Commissioner must refuse a request that does not comply with subsection (3).

(5) The Electoral Commissioner must also refuse a request under this section if, in the opinion of the Electoral Commissioner, the logo--

(a) is obscene or offensive, or

(b) is the logo of a registered party or a party currently represented in Parliament or another person, or

(c) so nearly resembles the logo of a registered party or a party currently represented in Parliament or another person it is likely to be confused with or mistaken for the logo, or

(d) is one a reasonable person would think suggests a connection or relationship exists between the candidate and another person or a registered party if that connection or relationship does not in fact exist, or

(e) comprises or contains the words "Independent Party" or comprises or contains the word "Independent" and--

(i) the name, or an abbreviation or acronym of the name, or logo of a registered party or a party currently represented in Parliament, or

(ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, or logo of a registered party or a party currently represented in Parliament that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym.

(6) The Electoral Commissioner may refuse a request under this section if, in the opinion of the Electoral Commissioner, the logo--

(a) is the logo of a party registered under Part 6 at any time during the previous 2 years (a
"recently deregistered party" ), or

(b) so nearly resembles the logo of a recently deregistered party it is likely to be confused with or mistaken for the logo, or

(c) is one a reasonable person would think suggests a connection or relationship exists between the candidate and a recently deregistered party if that connection or relationship does not in fact exist, or

(d) comprises or contains the words "Independent Party" or comprises or contains the word "Independent" and--

(i) the name, or an abbreviation or acronym of the name, or logo of a recently deregistered party, or

(ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, or logo of a recently deregistered party that the matter is likely to be confused with or mistaken for that name, abbreviation, acronym or logo.