ELECTORAL ACT 2002 - SECT 56 De-registration of political party on other grounds
ELECTORAL ACT 2002 - SECT 56
De-registration of political party on other grounds(1) This section applies to a registered political party if the Commission is satisfied on reasonable grounds that—
(a) the political party has ceased to exist (whether by amalgamation with another political party or otherwise); or
(b) the political party has ceased to have at least 500 members who meet the requirements set out in section 45(2)(e); or
(c) the registration of the political party was obtained by fraud or misrepresentation.
(2) If this section applies to a registered political party, the Commission must—
(a) notify the registered officer of the political party in writing that the Commission is considering de-registering the political party under this section setting out the reasons of the Commission for considering doing so and the terms of subsections (3), (4), (5) and (6); and
(b) publish a notice in the Government Gazette that the Commission is considering de‑registering the political party under this section, specifying the paragraph of subsection (1) by reason of which the Commission is considering doing so.
(3) If a notice is given under subsection (2) in relation to a political party, the registered officer of the political party or 10 members of the political party may, within one month after the date on which the notice was given, lodge with the Commission a statement in writing signed by the registered officer or by those members of the political party setting out reasons why the political party should not be de-registered under this section.
(4) A statement that is lodged under subsection (3) and is signed by 10 members of the political party must—
(a) set out the names and addresses of those members; and
(b) contain a statement that they are members of that political party.
(5) If a notice is given under subsection (2) in relation to a political party and a statement is not lodged under subsection (3) in response to that notice, the Commission must—
(a) de-register the political party; and
(b) publish a notice of the political party's de‑registration in the Government Gazette.
(6) If, in response to a notice given under subsection (2) in relation to a political party, a statement is lodged under subsection (3), the Commission must—
(a) consider that statement; and
(b) determine whether the political party should be de-registered for the reasons set out in that notice.
(7) If, under subsection (6), the Commission determines that a political party should be de-registered, the Commission must—
(a) de-register the political party; and
(b) give the person who was the last registered officer of the political party written notice of the de-registration, setting out the reasons of the Commission for rejecting the reasons set out in the statement lodged under subsection (3); and
(c) publish a notice of the de-registration in the Government Gazette.
(8) If, under subsection (6), the Commission determines that a political party should not be de‑registered under this section, the Commission must give the registered officer of the political party written notice of the determination.