Electoral Act 1985

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—

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

if the card is authorised—

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

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

the card—

has substantially the same appearance as a how‑to‑vote card that—

has been submitted for inclusion in posters under section 66;

or

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

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.

Despite subsection (1)(a), a how‑to‑vote card authorised by a candidate who is not endorsed by a registered political party may, with the approval of the Electoral Commissioner, include a post office box address for the candidate (instead of a street address) at the bottom of the card if the suburb in which the candidate resides is also included at the bottom of the card.

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

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

comply with any requirements prescribed by the regulations.

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.

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—

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

relates to the candidate; and

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.

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

Maximum penalty: $5 000.

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:

immediately cease distributing, or causing or permitting the distribution of, the how‑to‑vote card;

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).

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—

the size or shape of the cards; or

the fonts used in the cards; or

the material or medium on which the cards are printed or published; or

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

in the case of how‑to‑vote cards distributed in accordance with subsection (7a)—the name and address of the person who authorised the cards and the name or abbreviation of the registered political party not appearing at the bottom of the cards; or

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

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—

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

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

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

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.

Subsection (1)(a) and (b) do not apply to how‑to‑vote cards forming part of electoral material distributed by or on behalf of a registered political party that displays more than 1 how‑to‑vote card lodged by or on behalf of the party if—

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 material appears at the end of the material; and

the party's name or, if the Register of Political Parties includes an abbreviation of the party's name, the abbreviation appears at the end of the material.

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).