Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument specifies the technical requirements that must be complied with when making an application to include a party logo on the Register of Political Parties maintained under Part XI of the Commonwealth Electoral Act 1918.
Administered by: Finance
Registered 23 Mar 2016
Tabling HistoryDate
Tabled HR18-Apr-2016
Tabled Senate18-Apr-2016
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
13-Oct-2016
Expiry Date:
09-Feb-2017
House:
Senate
Details:
Full
Resolution:
Withdrawn
Resolution Date:
10-Nov-2016
Resolution Time:
Provisions:

REPLACEMENT EXPLANATORY STATEMENT

 

Commonwealth Electoral (Logo Requirements) Determination 2016

 

Issued by Authority of the Electoral Commissioner

Commonwealth Electoral Act 1918

 

Legislative Authority

Subsection 126(2AB) of the Commonwealth Electoral Act 1918 (the Electoral Act) provides, that for the purposes of paragraph 126(2AA)(b) the Electoral Commissioner may, by legislative instrument, determine requirements in relation to setting out a logo in an application for registration of a political party under Part XI of the Electoral Act.

 

Background

Subsection 126(2AB) was inserted to the Electoral Act by the Commonwealth Electoral Amendment Act 2016.

Purpose and operation

The Commonwealth Electoral (Logo Requirements) Determination 2016 specifies the technical requirements that must be complied with when making an application to include a party logo on the Register under Part XI of the Electoral Act.

Details of the proposed Determination are set out in the Attachment.

Consultation

Consultation was undertaken for the Commonwealth Electoral Amendment Act 2016 and the Commonwealth Electoral (Logo Requirements) Determination 2016 through the Joint Standing Committee on Electoral Matters (JSCEM). The Commonwealth Electoral Amendment Act 2016 was the culmination of an extensive inquiry into the 2013 Federal Election by JSCEM.

Prior to the introduction of the Commonwealth Electoral Amendment Act 2016, the then Special Minister of State met extensively with representatives from the Australian Labor Party, the Australian Greens and crossbench Senators when developing the changes to the Electoral Act, including the proposal to include logos on ballot papers. 

Statement of compatibility with Human Rights

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Human Rights Implications

The Determination engages the right to take part in public affairs and elections, as contained in article 25 of the International Covenant on Civil and Political Rights.

Article 25 provides, among other things, that every citizen shall have the right and the opportunity to take part in the conduct of public affairs, directly or through freely chosen representatives and to vote and to be elected at periodic elections. 

The Determination will advance the rights to take part in public affairs and elections by determining the technical requirements party logos must comply with when making an application to include the logo on the Register of political parties. Party logos included on the Register may subsequently be printed on ballot papers.

 

The printing of party logos on ballot papers aims to reduce the risk of voter confusion where political parties have similar names and to provide confidence to voters that they can easily identify the party of their preference.

 

Conclusion

The Determination is compatible with human rights as it seeks to enforce the right to take part in public affairs and elections.


Attachment

 

Details of the Commonwealth Electoral (Logo Requirements) Determination 2016 

Section 1- Name of Determination

This section provides that the name of the Determination is the Commonwealth Electoral (Logo Requirements) Determination 2016.

Section 2 – Commencement

This section provides that the Determination commences on the day after it is registered.

Section 3- Authority

This section provides that the Determination is made under subsection 126(2AB) of the Commonwealth Electoral Act 1918 (the Act).

Section 4 – Definitions

This section specifies the meaning of terms that have been used through the Determination.

Section 5 – Requirements for a logo set out in an application

This section specifies the requirements for including a party logo in an application for registration under Part XI of the Act. The purpose of this section is to specify the technical requirements relating to the design and electronic file format that a party logo must comply with in order for the application to be approved by the Electoral Commission.

Paragraph 5(a) - Vector graphic in electronic format

Paragraph 5(a) provides that the logo must be a vector graphic in electronic format. We note that vector graphics, sometimes called scalable graphics, are made of mathematical points. This means the graphic can be scaled up and down to any size without having to be concerned about resolution. Requiring vector logos provides flexibility for current and future purposes.

Paragraph 5(b) - 100% black in a CMYK colour space

Paragraph 5(b) provides that the logo must be designed using 100% black in the CMYK colour space. This requirement will ensure that the printing of party logos on ballot papers complies with the existing printing requirements for ballot papers.

All ballot paper content, other than the security feature, are currently set to 100% black in a CMYK colour space. Restricting the level to 100% means that the ballot paper logos can be implemented into the existing workflow with minimal complication and risk

Paragraph 5(c) - Frame size of 10mm by 10mm

Paragraph 5(c) provides that the logo set out in the application be no larger than a maximum size of 10mm by 10mm. The maximum size was chosen because it had minimal impact on production costs and could be implemented within the rules of the Act.

 

Paragraph 5(d) - Able to be reproduced correctly within a frame of 7 mm by 7 mm

Paragraph 5(d) provides that the logo set out in the application must be able to be reproduced within a minimum frame size of 7mm by 7mm. This minimum size was chosen following reproduction testing with a House of Representatives ballot paper containing 16 candidates. The reproduction testing identified 7mm by 7mm as the maximum size frame a logo can be printed when a House of Representatives ballot paper contains 16 candidates.

We note that this is the largest number of candidates that has appeared on a ballot paper since the amendments made in 2010 which limited the number of candidates that a party is able to endorse in a Division in a House of Representatives election - see subsection 166(1AA).

Paragraph 5(e) – Logo features that will not be compliant with section 5 of this Determination

Paragraph 5(e) specifies a number of technical features which compliant party logos must not include when setting out the logo in the application.  

Subparagraph 5(e)(i) - Exclude live text

Subparagraph 5(e)(i) provides that the logo must not include live text. We note that live text can cause printing issues such as missing or unexpected reproduction of fonts. It is common practice to outline fonts when certainty around font management cannot be guaranteed.

Subparagraph 5(e)(ii) - Exclude transparency and overprinting

Subparagraph 5(e)(ii) provides that the logo must not include transparency or overprinting. We note that the use of transparency in files can cause unexpected issues with some print workflows. It is common practice to exclude transparency in situations where it is not necessary.

All elements within the ballot paper are set to overprint by default through the desktop publishing software. If the logo is also set to overprint (double overprint) this can cause unexpected issues when printing.

Subparagraph 5(e)(iii) - Exclude custom halftone, transfer curve or colour profile settings

Subparagraph 5(e)(iii) provides that the logo must not include custom halftone, transfer curve or colour profile settings. Custom halftone, transfer curve or colour profile settings can be embedded into PDF (electronic document) to control how colours reproduce on the printer. The inclusion of these could cause logos not to print the same way. It is common practice when using monochromatic graphics to strip these settings.

Paragraph 5(f) – ISO compliant portable document file of less than 5MB

Paragraph 5(f) provides that the logo set out in the application must be a portable document file (pdf) with a size restriction of 5 megabytes (5MB) that complies with International Standard ISO 32000-1:2008.

We note that the size restriction was included as a requirement as large vector file can signify an issue with the file, possibly hidden data or points layered on other points. Overly large files can negatively impact design and production workflows. Simple vector files are typically small and usually less than 1 megabyte. A 5 megabyte limit will facilitate the use of complex vector graphics when designing a logo.

Paragraph 5(f) also specifies that the PDF (electronic document) must comply with the International Standard ISO 32000-1:2008 as in force at the time this instrument commences.  By specifying this standard we are requiring a PDF that meets best practice standards as documented by Adobe and can be confident it will reproduce as expected.

The International Standard  ISO 32000-1:2008 was produced by the International Organisation for Standardisation (ISO) in 2008 so as to ensure that PDFs were consistent and reliable. The International Standard ISO 32000-1:2008 can be purchased from the ISO for a fee. However ISO has allowed Adobe System to provide and host an unofficial ISO 3200-1 document that is available as a free download.

The Standard can be accessed at: http://www.adobe.com/content/dam/Adobe/en/devnet/acrobat/pdfs/PDF32000_2008.pdf