105ARequest for use of independent candidate logo

#### 105A Request for use of independent candidate logo 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. > > > (2A) The request must be made in the way and form approved 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. > > **s 105A:** Ins 2022 No 57, Sch 2\[12\]. Am 2026 No 6, Sch 1\[41\].