Victorian Consolidated Legislation

Electoral Act 2002 - SECT 56

De-registration of political party on other grounds

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.