Subpart 2—Registration of party logos

Subpart 2: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71C Application for registration of party logo

(1)

An application may be made to the Electoral Commission to register the logo of a political party if the political party—

(a)

is registered under subpart 1; or

(b)

is unregistered, but an application has been made under subpart 1 to register that party and that application has not been determined by the Electoral Commission.

(2)

An application to register a party logo—

(a)

may be made by—

(i)

the secretary of the party; or

(ii)

any member of Parliament who is a current financial member of the party; and

(b)

must—

(i)

be in writing; and

(ii)

be signed by the applicant; and

(iii)

be accompanied by—

(A)

2 identical representations of the party logo in a form satisfactory to the Electoral Commission that show the parts of the logo that are to be in colour and the PMS (Pantone Matching System) colours that are to be used for those parts when the logo is reproduced on the ballot paper; and

(B)

a black and white reproduction of the party logo in a form satisfactory to the Electoral Commission; and

(iv)

be accompanied by a declaration, made by the applicant in the manner provided for by section 9 of the Oaths and Declarations Act 1957, that the use of the logo by the political party will not be an infringement of an intellectual property right of any person, or a breach of any enactment; and

(v)

set out—

(A)

the name and address of the applicant, and the capacity in which he or she makes the application; and

(B)

the name and address of the secretary of the political party, if the applicant is not the secretary of the political party.

(3)

On receipt of an application to register a party logo, the Electoral Commission must deal with the application in accordance with this subpart and determine whether to register the party logo.

(4)

Subsection (3) does not apply if, before determining whether to register a party logo, the Electoral Commission—

(a)

receives from any person described in subsection (2)(a) written notice that the application to register the party logo is withdrawn; and

(b)

is satisfied the written notice is given by that person on behalf of the party.

Section 71C: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).