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ELECTORAL ACT 1992 - SECT 95A Objection to continued use of name

ELECTORAL ACT 1992 - SECT 95A

Objection to continued use of name

    (1)     This section applies if—

        (a)     the commissioner is satisfied that the name, or an acronym of the name, of a registered party (the "first party")—

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

              (ii)     suggests that the parties—

    (A)     are related; or

    (B)     have a connection or relationship; and

        (b)     the second party was registered later than the first party; and

        (c)     the second party was related to the first party when the second party was registered; and

        (d)     the registered officer of the first party objects in writing to the continued use of the name by the second party; and

        (e)     the commissioner is satisfied that, at the time of the objection—

              (i)     if the name or acronym suggests the parties are related—the parties are not related; or

              (ii)     if the name or acronym suggests the parties have a connection or relationship—the parties do not have that connection or relationship.

    (2)     The commissioner must—

        (a)     uphold the objection; and

        (b)     by written notice, tell the registered officer of the second party that the second party will be deregistered under section 98 (Cancellation of registration of political parties) if—

              (i)     it does not make an application under section 95 (Changes to particulars in register) for a change of name within 28 days after the registered officer receives the notice; or

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

    (3)     In this section:

"name", for a registered party, means—

        (a)     the name of the party entered in the register of political parties; or

        (b)     a registered abbreviation of the name of the party.