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A Bill for an Act to amend the law in relation to logos used by political parties, and for related purposes
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Registered 22 Nov 2016
Introduced HR 21 Nov 2016
Table of contents.

2016

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Commonwealth Electoral Amendment (Protect the Eureka Flag) Bill 2016

 

No.      , 2016

 

(Ms King)

 

 

 

A Bill for an Act to amend the law in relation to logos used by political parties, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Commonwealth Electoral Act 1918                                                                         3

 

 


A Bill for an Act to amend the law in relation to logos used by political parties, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Commonwealth Electoral Amendment (Protect the Eureka Flag) Act 2016.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Commonwealth Electoral Act 1918

1  At the end of section 129A

Add:

               ; or (f)  comprises or contains a flag or other symbol, and the use of the flag or symbol as the logo, or in the logo, is inconsistent with the history, or cultural significance, of the flag or symbol.

2  Section 134A (heading)

Repeal the heading, substitute:

134A  Objection to continued use of name or logo—misleading names or logos

3  After section 134A

Insert:

134B  Objection to continued use of logo—historically or culturally inconsistent use of flags or symbols

             (1)  Any person who believes that the use of a flag or symbol as, or in, the logo of a registered political party is inconsistent with the history, or cultural significance, of the flag or symbol, may object in writing to the Electoral Commission to the continued use of the logo.

             (2)  If the Electoral Commission is satisfied that the use of the flag or symbol as, or in, the logo of the registered political party is inconsistent with the history, or cultural significance, of the flag or symbol, the Commission must:

                     (a)  uphold the objection; and

                     (b)  notify the registered officer of the party, at the address specified in the Register, that the party will be deregistered under section 137 if:

                              (i)  it does not make an application under section 134 for a change of logo within 1 month of the date of the notice; or

                             (ii)  it makes such an application, but the application is refused.

             (3)  The Electoral Commission must:

                     (a)  give the parties to an objection under this section written notice of the reasons for its decision in relation to the objection if it upholds the objection; and

                     (b)  take such steps as the Commission considers appropriate to publicise those reasons.

             (4)  For the purposes of paragraph (3)(a), the parties to the objection are:

                     (a)  the person, or persons, who made the objection; and

                     (b)  the political party whose logo is the subject of the objection.

             (5)  In this section:

logo of a registered political party means the logo of the party that is entered in the Register.

4  After paragraph 137(1)(ca)

Insert:

                  (caa)  an objection against the continued use of a logo (within the meaning of section 134B) by a political party so registered has been upheld under section 134B, but an application to change the party’s logo:

                              (i)  was not made under section 134 within one month of the upholding of the objection; or

                             (ii)  was so made within one month of the upholding of the objection, but was later refused; or

5  Subsection 141(1) (after paragraph (cb) of the definition of reviewable decision)

Insert:

                    (cc)  to uphold an objection under subsection 134B(1); or

                   (cd)  to refuse to uphold an objection under subsection 134B(1); or