Document ID: chunk:federal_register_of_legislation:C2025C00152:section:129a
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 129A
Character Range: 308439–310713

129A  Certain party logos not to be entered in the Register
 (1) The Electoral Commission may refuse to enter in the Register a logo of a political party (the applicant), set out in an application to register the applicant, if, in its opinion, the applicant's logo:
 (a) is obscene; or
 (b) is the logo of any other person; or
 (c) so nearly resembles the logo of any other person that it is likely to be confused with or mistaken for that logo; or
 (d) is one that a reasonable person would think suggests that a connection or relationship exists between the applicant and a registered political party if that connection or relationship does not in fact exist; or
 (e) comprises the words "Independent Party" or comprises or contains the word "Independent" and:
 (i) the name, or an abbreviation or acronym of the name, of a recognised political party (within the meaning of subsection 129(2)); or
 (ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a recognised political party (within the meaning of subsection 129(2)) that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym, as the case may be.
 (2) The Electoral Commission must refuse to enter in the Register a logo of a political party (the applicant), set out in an application to register the applicant, if:
 (a) the applicant's logo contains a word that is in the name, or the abbreviation of the name, of a registered political party; and
 (b) the application is not accompanied by the written consent, to the use by the applicant of the word in its logo for the purposes of registration under this Part, of:
 (i) if there is only one registered political party to which paragraph (a) applies—the registered political party's registered officer; or
 (ii) otherwise—the registered officer of the first such political party to be registered.
Note: Subsection (2) has effect subject to subsections 129(5) and (6).
 (3) For the purposes of subparagraph (2)(b)(ii), if the registered political parties to which paragraph (2)(a) applies are a State branch, and the federal branch, of a federal party that were registered on the same day, the federal branch is taken to be the first of those political parties to be registered.