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ELECTORAL ACT 1992 - SECT 93 Refusal of applications for registration

ELECTORAL ACT 1992 - SECT 93

Refusal of applications for registration

    (1)     The commissioner must refuse an application for the registration of a political party if—

        (a)     for an application for registration of a political party—the commissioner believes on reasonable grounds that, when it made the application, the party did not have at least 100 members who were electors; or

        (b)     the person nominated in the application to be the registered officer of the party is not qualified to be an elector or is the registered officer of a registered party; or

        (c)     the party is ineligible for registration because of section 99 (Use of party name after cancellation); or

        (d)     the party's name, or any abbreviation of the party's name that the party intends to use for this Act, includes the name of a particular living person and the application is not accompanied by the notice (if required) under section 89 (1) (h).

    (2)     The commissioner must also refuse an application if the commissioner believes on reasonable grounds that the name of the political party, or any abbreviation of that name that the application states that the party intends to use for this Act—

        (a)     consists of more than 6 words; or

        (b)     is obscene; or

        (c)     is the name, or an acronym of the name, of another political party; or

        (d)     so nearly resembles the name, or an acronym of the name, of another political party that it is likely to be confused with or mistaken for that name or acronym; or

        (e)     is a name, or an acronym of a name, that suggests that the party and another political party

              (i)     are related when the parties are not related; or

              (ii)     have a connection or relationship when the parties do not have that connection or relationship; or

        (f)     consists of the word ‘independent'; or

        (g)     consists of the words ‘independent party'; or

        (h)     consists of or includes the word ‘independent' and—

              (i)     the name, or an acronym of the name, of another political party; or

              (ii)     matter that so nearly resembles the name, or an acronym of the name, of another political party that the matter is likely to be confused with or mistaken for that name or acronym; or

              (iii)     is a name, or an acronym of a name, that suggests that the party and another political party

    (A)     are related when the parties are not related; or

    (B)     have a connection or relationship when the parties do not have that connection or relationship.

    (3)     However, subsection (2) (e) and (h) (iii) do not apply to the following:

        (a)     a function word;

Examples

and, of, the

        (b)     a collective noun for people;

        (c)     the name of a country;

        (d)     the word ‘country';

        (e)     the name of a geographical place;

        (f)     the word ‘democratic';

        (g)     a word that is another grammatical form or a commonly accepted variant (including an abbreviation, contraction or alternative form) of a word or class of word mentioned in paragraphs (a) to (f).

    (4)     Despite subsection (2) (e) and (h) (iii), the commissioner must register the party (the "applicant party") if—

        (a)     the other political party gives written consent for the applicant party to use the name or acronym; and

        (b)     the applicant party gives the commissioner the written consent; and

        (c)     the commissioner does not refuse to register the applicant party for any other reason under this section or section 90 (2).

    (5)     If the commissioner refuses an application for the registration of a political party, the commissioner must—

        (a)     give the secretary of the party an internal review notice about the decision to refuse the application; and

        (b)     if an objection was made under section 91A (Objections to applications and responses) to the application—give the objector written notice of the refusal.

    (6)     In this section, "another political party", in relation to a political party, is—

        (a)     a registered party; or

        (b)     a political party at least 1 member of which is a member of—

              (i)     the Legislative Assembly; or

              (ii)     the Commonwealth Parliament; or

              (iii)     a State legislature; or

        (c)     a political party registered or recognised for the law of the Commonwealth or a State that relates to the election of members of the Commonwealth Parliament or the State legislature.

    (7)     However," another political party", in relation to a political party, does not include a political party that is related to it.

    (8)     In this section:

"name" includes an abbreviation of the name.