Part 6Registration of political parties

Part 6—Registration of political parties 36—Definitions and related provisions (1) In this Part, unless the contrary intention appears— eligible political party means— (a) a parliamentary party; or (b) a political party (other than a parliamentary party) whose membership includes at least 200 electors; parliamentary party means a political party at least 1 member of which is— (a) a member of the Parliament of South Australia; or (b) a Senator for the State of South Australia; or (c) a member of the House of Representatives chosen in the State of South Australia; secretary, in relation to a political party, means the secretary or chief administrative officer (however described) of the party. (2) For the purposes of this Part, two political parties will be taken to be related if— (a) one is a part of the other; or (b) both are parts of the same political party. (3) For the purposes of this Part, 2 or more political parties cannot rely on the same person for the purpose of qualifying or continuing to qualify as an eligible political party. (4) The following provisions apply in connection with the membership requirements for political parties: (a) a person who is relied on by 2 or more political parties may nominate the party entitled to rely on the person, but if a party is not nominated after the Electoral Commissioner has, in accordance with the regulations, given the person an opportunity to do so, the person is not entitled to be relied on by any of those parties; (b) the registration of a party is not to be cancelled because of the provisions of this section unless the party is given an opportunity by the Electoral Commissioner, in accordance with the regulations, to change the person or persons on whom it relies. 37—Registration of political parties Subject to this Part, an eligible political party may be registered under this Part. 38—Register of Political Parties (1) The Electoral Commissioner must establish and maintain a register, to be known as the Register of Political Parties, (the Register) setting out a list of the political parties that are registered under this Part. (2) The Register must be open for public inspection, without fee, during ordinary office hours, at the principal office of the Electoral Commissioner. 39—Application for registration (1) An application for the registration of an eligible political party may be made to the Electoral Commissioner by the secretary of the party, or any other person authorised by the party to make the application. (2) An application for the registration of an eligible political party must be in writing, signed by the applicant, and must— (a) set out the name of the party; and (b) if the party wishes to be able to use an abbreviation of its name for the purposes of this Act—set out that abbreviation; and (c) set out the name and address of the person who is to be the registered officer of the party for the purposes of this Act and contain a specimen signature of that person; and (d) set out the name and address of the applicant and particulars of the capacity in which the applicant makes the application; and (e) be accompanied by a copy of the constitution of the party; and (f) in the case of a party that is not a parliamentary party— (i) set out the names and addresses (as enrolled) of 200 electors who are members of the party and on whom the party relies for the purpose of qualifying as an eligible political party; and (ii) be accompanied by declarations of membership of the party (in the form determined by the Electoral Commissioner) completed and signed by the members on whom the party relies for the purpose of qualifying as an eligible political party; and (iii) set out the following information: (A) the party's objects; (B) the procedure for amending the party's constitution; (C) the rules for membership of the party, including the procedure for accepting a person as a member and ending a person's membership; (D) a description of the party structure and of how the party manages its internal affairs; (E) the procedure for selecting a person to hold an office in the party and for removing a person from office; (F) the names of the officers or members of the party responsible for ensuring the party complies with Part 13A; and (g) in the case of a parliamentary party— (i) set out the name and address of the member on whom the party relies for the purpose of qualifying as an eligible political party; and (ii) be accompanied by a declaration of membership of the party (in the form determined by the Electoral Commissioner) completed and signed by the member on whom the party relies for the purpose of qualifying as an eligible political party; and (h) be accompanied by a $500 application fee (which is not refundable). 40—Order in which applications are to be determined (1) Subject to this section, applications for registration of political parties must be determined in the order in which they are received by the Electoral Commissioner. (3) If, during the period of 6 months immediately preceding the day on which a general election must be held under section 28(1) of the Constitution Act 1934, an application is received by the Electoral Commissioner for registration of a political party, that application must not be determined until after the general election. 41—Publication of notice of application (1) Where an application for registration is lodged with the Electoral Commissioner, the Electoral Commissioner must publish notice of the application in the Gazette and in a newspaper circulating generally in the State. (2) A notice under subsection (1) in relation to an application must— (a) set out— (i) particulars of the name of the party and of any abbreviation of that name that the party desires to use for the purposes of this Act; and (ii) the name of the applicant; and (b) invite any elector who desires to object to the application to submit a written objection, containing particulars of the grounds of the objection, to the Electoral Commissioner within 1 month after the date of the publication of the notice in the Gazette. (3) An objection submitted to the Electoral Commissioner in response to an invitation under subsection (2)— (a) must be signed by the objector; and (b) must set out the postal address of the objector. 42—Registration (1) After considering all objections to an application for registration of a political party submitted under this Part, the Electoral Commissioner must determine the application. (2) An application for the registration of a political party must be refused if, in the opinion of the Electoral Commissioner, the name of the party or the abbreviation of its name (if any) that it wishes to be registered— (a) comprises more than 6 words; or (b) is obscene; or (c) is the name, or is an abbreviation or acronym of the name, of another political party (not being a related political party) that is a parliamentary party or a registered political party; or (d) so nearly resembles the name, or an abbreviation or acronym of the name, of another political party (not being a related political party) that is a parliamentary party or a registered political party that it is likely to be confused with or mistaken for that name, abbreviation or acronym; or (e) comprises or contains the word "Independent". (3) An application for the registration of a political party may be refused if, in the opinion of the Electoral Commissioner the name of the party, or the abbreviation (if any) of the name, that it wishes to be registered— (a) is the name, or an abbreviation or acronym of the name, of a prominent public body, or so nearly resembles the name, or an abbreviation or acronym of the name, of a prominent public body that it is likely to be confused with that name, abbreviation or acronym; or (b) comprises or contains a word or set of words— (i) that constitute a distinctive aspect or part of the name of another political party (not being a related political party) that is a parliamentary party or a registered political party; or (ii) that so nearly resemble a distinctive aspect or part of the name of another political party (not being a related political party) that is a parliamentary party or a registered political party that it appears that that distinctive aspect or part of that name is being adopted by the political party applying for registration. For example, the underlined words constitute distinctive aspects or parts of the names of political parties: Australian Democrats (South Australian Division Inc) Australian Labor Party (South Australian Branch) The Liberal Party of Australia (SA Division) The National Party of Australia (SA) Inc No Pokies Campaign Inc. (3a) Subsection (3)(b) does not apply if the applicant for registration provides the Electoral Commissioner with a declaration (in the form determined by the Electoral Commissioner) that has been signed by a person authorised by the relevant parliamentary party or registered political party (as the case may require) and states that the party consents to the use of the particular word or set of words. (4) Where a writ for an election has been issued, a political party must not be registered during the election period. (5) Where the Electoral Commissioner decides that a political party should be registered, he or she must— (a) register the party by entering in the Register— (i) the name of the party; and (ii) if an abbreviation of the name of the party was set out in the application—that abbreviation; and (iii) the name and address of the person who has been nominated as the registered officer of the party for the purposes of this Act; and (b) give written notice to the applicant that he or she has registered the party; and (c) if any person or persons submitted objections to the application—give written notice to the objector or objectors that he or she has registered the party, setting out in the notice to each objector the reasons for rejecting the objection; and (d) publish in the Gazette notice of the registration of the party. (6) Where the Electoral Commissioner decides that an application for the registration of a political party should be refused, he or she must give the applicant written notice of— (a) the refusal; and (b) the reasons for the refusal; and (c) the rights of the applicant to seek a review of the decision of the Electoral Commissioner. 42AA—Entitlements resulting from political party registration not available until 8 months after registration (1) A political party (other than a parliamentary party) that becomes registered under this Part is not a registered political party until 8 months after the date of its registration for the purposes of the following provisions: (a) section 26(2)(c); (b) Part 8 Division 1; (c) Part 8 Division 2; (d) Part 13A Division 5. Funding under Part 13A Division 4 in relation to an election for a candidate or group endorsed by a registered political party is not payable if the date of registration of the party was less than 8 months before polling day for the election. (2) This section extends to a political party whose registration was previously cancelled under this Part. (3) Subject to subsections (4) and (5), if the registration of a political party has been wrongfully delayed by any act or omission of the Electoral Commissioner, the Supreme Court or the Electoral Commissioner may, by order, backdate the registration of the party to the date on which the political party should have been registered. (4) An order under subsection (3) cannot be made so as to backdate the registration of a political party to a date occurring during or before a previous period referred to in section 40(3). (5) The Register cannot be amended to backdate the registration of a political party, except as authorised by an order under subsection (3). (6) For the purpose of calculating the 8 month period referred to in subsection (1), any period of time after the issue of a writ for a general election and before the return of the writ is to be disregarded. 42A—Registered officers (1) A registered political party must have a registered officer. (2) The registered officer and any deputy registered officer of a registered political party must be an elector. (3) If a registered officer of a registered political party ceases to be an elector, he or she ceases to be the registered officer of the party. (4) A registered political party must not be without a registered officer for a period longer than one month. Expiation fee: $105. (5) A registered political party must, within one month after any change in the identity or address of its registered officer, give notice in writing to the Electoral Commissioner containing details of the change. Expiation fee: $105. (6) It is a defence to a charge of an offence against subsection (4) or (5) for the registered political party to prove that the matters alleged against it did not arise from a failure by the party to exercise proper diligence. 43—Changes to Register (1) Where a political party is registered under this Part, an application may be made to the Electoral Commissioner, by the registered officer of the party, or any other person authorised by the party to make the application, to change the Register by— (a) changing the name of the party to a name specified in the application; (b) if an abbreviation of the name of the party is entered in the Register—changing that abbreviation to an abbreviation specified in the application; (c) if an abbreviation of the name of the party is not entered in the Register—entering in the Register an abbreviation of the name of the party, being an abbreviation specified in the application. (2) An application under subsection (1) must be dealt with in the same way and determined by reference to the same principles as an application for registration of a political party. 43A—Returns and other inquiries (1) The registered officer of a registered political party must, at the prescribed times, furnish to the Electoral Commissioner a return as to the party's continued eligibility for registration under this Part in the form prescribed by the regulations. (2) A return under subsection (1) must be accompanied by any documents required under the regulations. (3) A return is not required under subsection (1) if the party has been registered for less than 6 months before the return is due to be furnished. (4) For the purposes of this section, the prescribed times for furnishing a return are: (a) for a registered political party (other than a parliamentary party)—by 30 September each year; and (b) for a parliamentary party—at least 30 days before the commencement of the capped expenditure period for each general election. 43B—Notification of certain changes A political party (other than a parliamentary party) registered under this Part must, within 14 days after a change in any prescribed particulars, notify the Electoral Commissioner of the change. 43C—Audits by Electoral Commissioner etc (1) The Electoral Commissioner may, in accordance with any requirements of the regulations, audit the activities and documents of a political party for the purpose of determining whether the party is, or continues to be, eligible to be registered under this Part. (2) A political party the subject of an audit, its agent and any officer of the party, must assist the Electoral Commissioner by— (a) giving the Electoral Commissioner full and free access at all reasonable times to all documents of the party or agent relevant to the audit; and (b) giving the Electoral Commissioner all information and explanations that the Electoral Commissioner reasonably requires with respect to the audit. (3) The Electoral Commissioner may, by instrument in writing signed by the Electoral Commissioner, authorise a person or a class of persons to perform audits under this section. (4) A person, or a person of a class, appointed under this section may exercise the same functions as the Electoral Commissioner in relation to audits under this section. 44—Voluntary de-registration (1) A political party that is registered under this Part must be de-registered by the Electoral Commissioner if an application for de-registration is made to the Electoral Commissioner by the registered officer or some other person authorised by the party to make the application. (2) An application under subsection (1) must— (a) be in writing, signed by the applicant; and (b) set out the name and address of the applicant and particulars of the capacity in which he or she makes the application. (3) Where a political party is de-registered under subsection (1), that party, or a party that has a name that so nearly resembles the name of the de-registered party that it is likely to be confused with or mistaken for that name, is ineligible for registration under this Part until after the general election next following the de-registration. 45—De-registration of political party (1) If the Electoral Commissioner is satisfied on reasonable grounds that— (a) a political party registered under this Part has ceased to exist (whether by amalgamation with another political party or otherwise); or (b) a political party so registered has ceased to have the required number of members (or, in the case of a parliamentary party, an appropriate member) to enable the party to continue as an eligible political party; or (c) a political party so registered, not being a parliamentary party, has not at either of the last 2 general elections for the House of Assembly, or a simultaneous Legislative Council election, endorsed a candidate for election; or (d) the registration of a political party was obtained by fraud or misrepresentation; or (e) the registered officer of a registered political party has failed to comply with a requirement under section 43A, the Electoral Commissioner may de-register the party. (2) A political party may not be de-registered under this section unless the Electoral Commissioner has, by notice in writing addressed to the registered officer of the party— (a) informed the registered officer of his or her intention to de-register the party; and (b) allowed the registered officer a reasonable opportunity to show cause why the party should not be de-registered. 46—De-registration (1) Where a writ for an election has been issued, a political party may not be de-registered under this Part during the election period. (2) Where a political party is de-registered under this Part, the Electoral Commissioner must cause the particulars on the Register that relate to that party to be cancelled. 46A—False statements A person who, in furnishing information for the purposes of this Part, knowingly makes a statement that is false or misleading in a material particular is guilty of an offence. 46B—Membership information to be confidential (1) Subject to subsection (2), the names and addresses of electors appearing in material provided to the Electoral Commissioner in connection with the membership requirements for registration, or continued registration, as a political party under this Part will be held by the Electoral Commissioner on a confidential basis (and therefore that material will not be available for public inspection under this Part). (2) Subsection (1) does not prevent the Electoral Commissioner providing information to a prescribed person or body, or a person or body of a prescribed class, (if any) for purposes connected with the operation or administration of this Act.