COMMONWEALTH ELECTORAL ACT 1918 - SECT 131 Variation of application

COMMONWEALTH ELECTORAL ACT 1918 - SECT 131

  (1)   Where, after initial consideration of an application for the registration of a political party, the Electoral Commission is of the opinion that it is required to refuse the application, or refuse to enter a logo of the party in the Register, but that the applicant or applicants might be prepared to vary the application in such a way that it would not be so required, the Commission shall give the applicant or applicants written notice that it is of that opinion, setting out the reasons for its opinion and the terms of the provisions of subsections   (2) and (3).

Note:   For example, if an application to register a political party would be refused because subsection   126(2B) would be contravened, the party could change the person who is to be the registered officer of the party so subsection   126(2B) is not contravened.

  (2)   Where notice is given under subsection   (1) in relation to an application, the Electoral Commission is not required to give further consideration to the application unless and until notice is lodged with it under subsection   (3).

  (3)   Where notice is given under subsection   (1) in relation to an application for the registration of a political party, the applicant or applicants may lodge with the Electoral Commission a written request, signed by the applicant or applicants, to:

  (a)   vary the application in a manner specified in the request; or

  (b)   proceed with the application in the form in which it was lodged;

and the Commission shall comply with the request.

  (4)   If a request is made under subsection   (3) to vary an application, the application as varied is to be treated for the purposes of this section as if it were a new application.