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Commonwealth Electoral Amendment Bill (No. 1) 2000
Schedule 2 Registration of political parties

   

Commonwealth Electoral Act 1918

2  Subsection 123(1) (definition of Parliamentary party )

Repeal the definition, substitute:

Parliamentary party means a political party at least one member of which is a member of the Parliament of the Commonwealth.

3  Subsection 126(1)

Repeal the subsection, substitute:

             (1)  An application for the registration of an eligible political party may be made to the Commission by:

                     (a)  in the case of a Parliamentary party:

                              (i)  the secretary of the party; or

                             (ii)  the member, or all the members, of the Commonwealth Parliament who is a member, or who are members, of the party; or

                     (b)  in the case of a political party other than a Parliamentary party—10 members of the party, of whom one is the secretary of the party.

However, where a member of a Parliamentary party:

                     (c)  who is a member of the Commonwealth Parliament; and

                     (d)  who has previously made an application for the registration of that Parliamentary party (the first party );

makes an application for the registration of another party, the Commission must not proceed with the application for the registration of that other party unless the Commission is satisfied that the member is no longer a member of the first party. If the Commission is so satisfied, the Commission must take any action required by section 136 immediately.

3A  After paragraph 126(2)(c)

Insert:

                    (ca)  include a list of the names of the 500 members of the party to be relied on for the purposes of registration;

3B  At the end of subsection 126(2)

Add:

             ; and (g)  be accompanied by a fee of $500.

3C  After subsection 126(2)

Insert:

          (2A)  Two or more parties cannot rely on the same member for the purpose of qualifying or continuing to qualify as an eligible political party.  The following provisions apply accordingly:

                     (a)  a member who is relied on by 2 or more parties may nominate the party entitled to rely on the member, but if a party is not nominated after the Commission has given the member at least 30 days to do so, the member is not entitled to be relied on by any of those parties;

                     (b)  the members on whom a registered party relies may be changed at any time by an amendment of the Register of Political Parties;

                     (c)  the registration of a party is not to be cancelled because of this subsection unless the Commission has taken action to determine whether the party should be deregistered because of paragraph 137(1)(a), (b) or (c).

4  Paragraph 129(c)

Omit “Parliamentary party or a registered”, substitute “recognised”.

5  Paragraph 129(d)

Omit “Parliamentary party or a registered”, substitute “recognised”.

6  Subparagraph 129(e)(i)

Omit “Parliamentary party or a registered”, substitute “recognised”.

7  Subparagraph 129(e)(ii)

Omit “Parliamentary party or a registered”, substitute “recognised”.

8  At the end of section 129

Add:

             (2)  In this section:

recognised political party means a political party that is:

                     (a)  a Parliamentary party; or

                     (b)  a registered party; or

                     (c)  registered or recognised for the purposes of the law of a State or a Territory relating to elections and that has endorsed a candidate, under the party’s current name, in an election for the Parliament of the State or Assembly of the Territory in the previous 5 years.

9  Paragraph 134(1)(a)

Repeal the paragraph, substitute:

                     (a)  in the case of a Parliamentary party—either the secretary of the party or all the members of the Commonwealth Parliament who are members of, or the member of that Parliament who is a member of, the party; or

9B  At the end of subsection 134(2)

Add:

             ; and (d)  for the purposes of paragraph (1)(c), (d) or (e)—must be accompanied by a fee of $500.

10  Transitional—existing registered political parties

If:

                     (a)  immediately before the commencement of this Schedule a registered political party was a Parliamentary party; and

                     (b)  immediately after the commencement of this Schedule the political party would, apart from this item, not be a Parliamentary party;

the political party is taken to be a Parliamentary party for the period of 6 months starting at the commencement of this Schedule.

11  Transitional—applications made before commencement

(1)        If:

                     (a)  before the commencement of this Schedule a political party had made an application under section 126 of the Commonwealth Electoral Act 1918 (application for registration); and

                     (b)  the application had not been finally determined before the commencement of this Schedule; and

                     (c)  immediately before the commencement of this Schedule the political party was a Parliamentary party; and

                     (d)  immediately after the commencement of this Schedule the political party would, apart from this item, not be a Parliamentary party;

the political party is taken to be a Parliamentary party for the period of 6 months starting at the commencement of this Schedule.

(2)        For the purposes of subitem (1), an application is finally determined when the application, and any appeals arising out of it, have been finally determined or otherwise disposed of.

12  Transitional—provision of information to Electoral Commission

If:

                     (a)  item 10 or 11 applies to a political party; and

                     (b)  the political party has not provided such evidence as the Electoral Commission requires to satisfy the Electoral Commission, within the period of 6 months mentioned in those items, that the political party is an eligible political party;

the political party is taken not to be an eligible political party.

 

 

[ Minister’s second reading speech made in—

House of Representatives on 6 September 2000

Senate on 9 October 2000 ]

 

 

 

 

 

 

 

 

(158/00)