New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 180

180 Non-complying electoral material

For the purposes of this Division, material contravenes this Subdivision if--

(a) the material contains voting directions intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of his or her vote, or

(b) the material contains an untrue or incorrect statement intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of his or her vote, or

(c) without limiting paragraph (b), the material contains information that is incorrect or misleading about whether a person is or is not--

(i) a candidate for the election, or

(ii) a candidate for a particular electoral district, or

(iii) a member of a registered party or a group, or

(iv) nominated or endorsed by a registered party, or

(d) the material uses--

(i) the name, an abbreviation or acronym of the name or a derivative of the name of a registered party (or a name or abbreviation resembling such a name, abbreviation, acronym or derivative) in a way that is intended or likely to mislead any elector, or

(ii) the word "Independent" and the name or an abbreviation or acronym of the name or a derivative of the name of a registered party in a way that suggests or indicates an affiliation with that party, or

(e) in the case of material that contains voting directions--any of the directions are contrary to the requirements of this Act or the regulations or are contrary to the directions or instructions contained in the relevant ballot papers, including (for example) a direction--

(i) to leave the ballot paper blank, or

(ii) to write or draw unauthorised matter on the ballot paper, or

(iii) to repeat or leave out a number when indicating preferences, or

(f) the material could result in an elector casting an informal vote, or

(g) the material contains a statement (express or implied) to the effect that voting is not compulsory, or

(h) the material contains a statement intended or likely to mislead an elector that the material is an official communication from the Electoral Commissioner or the Electoral Commission.