Electoral Act 1985

A person must not publish or distribute an electoral advertisement or a how‑to‑vote card that identifies a candidate—

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

by use of the word or a set of words containing the word "Independent" and—

the name, or an abbreviation or acronym of the name, of a parliamentary party or a registered political party; or

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

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—

the candidate is endorsed by the relevant parliamentary party or registered political party (as the case may be); or

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.

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.

Subsections (1) and (1a) apply to publication by any means (including radio or television).

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.

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.