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Electoral Act 2004
158Refusal of application
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158 Refusal of application
(1) The Commission must refuse the application if:
(a) the person nominated in the application to be the registered
officer of the party is not qualified to be an elector or is the
registered officer of a registered party; or
(b) for a party to which section 152(4) applies – the Commission
reasonably believes the party does not have at least
200 members who meet the requirements in section 152(4)(a).
(2) In addition, the Commission must refuse the application if the
Commission reasonably believes the political party's name:
(a) consists of more than 6 words; or
(b) is obscene; or
(c) is the name or an acronym of the name of a registered party
or parliamentary party; or
(d) so nearly resembles the name or an acronym of the name of
registered party or parliamentary party it is likely to be
confused with or mistaken for that name or acronym; or
(e) consists of the word "independent" or "independent party"; or
(f) would otherwise be likely to cause confusion if registered; or
(g) includes an MLA's name and the applicant does not have the
MLA's written consent to use the name.
Electoral Act 2004 84
(3) If the Commission refuses the application, the Commission must:
(a) give the applicant an information notice for the decision to
refuse the application; and
(b) if an objection was made under section 155 to the
application – give the objector written notice of the refusal.
parliamentary party means a political party of which at least one
member is a member of an Australian parliament.