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COMMONWEALTH ELECTORAL ACT 1918 - SECT 132

Procedure for dealing with application

  (1)   If:

  (a)   an application for registration is lodged with the Electoral Commission; and

  (b)   the Commission does not give a notice under subsection   131(1) in respect of that application;

the Electoral Commissioner:

  (c)   must publish a notice of the application:

  (i)   in a newspaper circulating generally in each State and Territory; and

  (ii)   on the Electoral Commission's website; and

  (d)   may publish the notice in any other way the Electoral Commissioner considers appropriate.

  (2)   A notice under subsection   (1) in relation to an application shall:

  (a)   set out the particulars specified in the application in accordance with subsection   126(2); and

  (b)   invite any persons who believe that:

  (i)   the application does not relate to an eligible political party; or

  (ii)   the application is not in accordance with section   126 (including because subsection   126(2B) would be contravened); or

  (iii)   the application should be refused under section   129; or

  (iv)   the Electoral Commission should refuse to enter a logo of the party in the Register under section   129A;

    to submit written particulars of the grounds for that belief to the Electoral Commission within 1 month after the date of the publication of the notice on the Electoral Commission's website.

  (3)   Particulars submitted by a person under subsection   (2) shall be signed by, and specify an address of, that person.

  (4)   Particulars submitted under paragraph   (2)(b) shall, as soon as practicable, be made available at the principal office of the Electoral Commission in Canberra for inspection by members of the public.

  (5)   The Electoral Commission shall:

  (a)   give a copy of all of the particulars (if any) submitted under paragraph   (2)(b) to the person who is to be the registered officer of the party concerned; and

  (b)   at the same time, give to the person a notice inviting the person to submit a reply to the particulars to the Commission within the time specified in the notice.

  (6)   A reply submitted under subsection   (5) shall, as soon as practicable, be made available at the principal office of the Electoral Commission in Canberra for inspection by members of the public.

  (7)   The Electoral Commission shall not register a political party unless:

  (a)   it has published notice of the application for registration in accordance with this section;

  (b)   a period of at least one month has elapsed after the date of publication of notice of the application on the Electoral Commission's website;

  (c)   where particulars have been submitted under paragraph   (2)(b), either:

  (i)   the time specified in a notice under subsection   (5) has expired; or

  (ii)   a reply to the particulars has been received; and

  (d)   the Commission has considered those particulars (if any) and any reply to the particulars.


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