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

   

Commonwealth Electoral Act 1918

1  Subsection 123(1) (paragraph (a) of the definition of eligible political party )

Repeal the paragraph, substitute:

                     (a)  has at least 500 members; and

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 10 members of the party, of whom one is the secretary of the party.

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

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 has at least 500 members;

the political party is taken to have fewer than 500 members.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(158/00)