Victorian Consolidated Legislation

Electoral Act 2002 - SECT 48

Variation of application

48. Variation of application



(1) If, after initial consideration of an application for the registration of
a political party, the Commission is of the opinion that-

   (a)  the Commission is required to refuse the application; and

   (b)  the political party might be prepared to vary the application in such
        a way that the Commission may accept the application-

the Commission must give the political party written notice of that opinion,
setting out the reasons for that opinion and the terms of subsections (2) and
(3).

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

(3) If notice is given under subsection (1) in relation to an application for
the registration of a political party, the political party may lodge with the
Commission within 45 days after receiving the notice a written request, signed
by the secretary of the political party, 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.

(4) If the Commission receives a request under subsection (3) to vary an
application, the Commission must consider the application in its varied form.

(5) An application is deemed to have been withdrawn if the Commission does not
receive a request under subsection (3) to vary or proceed with an application
within 45 days after notice under subsection (1) is given.