ELECTORAL ACT 1985 - SECT 42

ELECTORAL ACT 1985 - SECT 42

42—Registration

        (1)         After considering all objections to an application for registration of a political party submitted under this Part, the Electoral Commissioner must determine the application.

        (2)         An application for the registration of a political party must be refused if, in the opinion of the Electoral Commissioner, the name of the party or the abbreviation of its name (if any) that it wishes to be registered—

            (a)         comprises more than 6 words; or

            (b)         is obscene; or

            (c)         is the name, or is an abbreviation or acronym of the name, of another political party (not being a related political party) that is a parliamentary party or a registered political party; or

            (d)         so nearly resembles the name, or an abbreviation or acronym of the name, of another political party (not being a related political party) that is a parliamentary party or a registered political party that it is likely to be confused with or mistaken for that name, abbreviation or acronym; or

            (e)         comprises or contains the word "Independent".

        (3)         An application for the registration of a political party may be refused if, in the opinion of the Electoral Commissioner the name of the party, or the abbreviation (if any) of the name, that it wishes to be registered—

            (a)         is the name, or an abbreviation or acronym of the name, of a prominent public body, or so nearly resembles the name, or an abbreviation or acronym of the name, of a prominent public body that it is likely to be confused with that name, abbreviation or acronym; or

            (b)         comprises or contains a word or set of words—

                  (i)         that constitute a distinctive aspect or part of the name of another political party (not being a related political party) that is a parliamentary party or a registered political party; or

                  (ii)         that so nearly resemble a distinctive aspect or part of the name of another political party (not being a related political party) that is a parliamentary party or a registered political party that it appears that that distinctive aspect or part of that name is being adopted by the political party applying for registration.

Note—

For example, the underlined words constitute distinctive aspects or parts of the names of political parties:

Australian Democrats (South Australian Division Inc)

Australian Labor Party (South Australian Branch)

The Liberal Party of Australia (SA Division)

The National Party of Australia (SA) Inc

No Pokies Campaign Inc.

        (3a)         Subsection (3)(b) does not apply if the applicant for registration provides the Electoral Commissioner with a declaration (in the form determined by the Electoral Commissioner) that has been signed by a person authorised by the relevant parliamentary party or registered political party (as the case may require) and states that the party consents to the use of the particular word or set of words.

        (4)         Where a writ for an election has been issued, a political party must not be registered during the election period.

        (5)         Where the Electoral Commissioner decides that a political party should be registered, he or she must—

            (a)         register the party by entering in the Register—

                  (i)         the name of the party; and

                  (ii)         if an abbreviation of the name of the party was set out in the application—that abbreviation; and

                  (iii)         the name and address of the person who has been nominated as the registered officer of the party for the purposes of this Act; and

            (b)         give written notice to the applicant that he or she has registered the party; and

            (c)         if any person or persons submitted objections to the application—give written notice to the objector or objectors that he or she has registered the party, setting out in the notice to each objector the reasons for rejecting the objection; and

            (d)         publish in the Gazette notice of the registration of the party.

        (6)         Where the Electoral Commissioner decides that an application for the registration of a political party should be refused, he or she must give the applicant written notice of—

            (a)         the refusal; and

            (b)         the reasons for the refusal; and

            (c)         the rights of the applicant to seek a review of the decision of the Electoral Commissioner.