New South Wales Consolidated Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 356B

Non-complying electoral material

356B Non-complying electoral material

For the purposes of this Division, electoral 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 area or ward, or
(iii) a member of a registered political party or recognised group of candidates, or
(iv) endorsed by a registered political party, or
(d) the material uses:
(i) the name, an abbreviation or acronym of the name or a derivative of the name of a party respectively included in the Local Government Register of Political Parties (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 party respectively included in that Register in a way that suggests or indicates an affiliation with that party (unless the name of the party in that Register includes the word "Independent"), or
(e) in the case of material that contains voting directions--any of the directions are contrary to the requirements of the Act or this Regulation 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 words that are or other matter that is obscene or offensive.



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