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COMMONWEALTH ELECTORAL ACT 1918 - SECT 137

Deregistration of political party on other grounds

             (1)  If the Electoral Commission 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, not being a Parliamentary party, has ceased to have at least 500 members; or

                     (c)  the registration of a political party so registered was obtained by fraud or misrepresentation; or

                    (ca)  an objection against the continued use of a name or logo (both within the meaning of section 134A) by a political party so registered has been upheld under section 134A, but an application to change the party's name or logo:

                              (i)  was not made under section 134 within one month of the upholding of the objection; or

                             (ii)  was so made within one month of the upholding of the objection, but was later refused; or

                   (cb)  the registered officer of a registered political party has failed to comply with a notice under section 138A (Review of eligibility of parties to remain in the Register); or

                    (cc)  a person who is the registered officer or a deputy registered officer of a registered political party is failing to comply with subsection 126(2B) (person must not be registered officer etc. of more than one registered political party);

the Commission must give the registered officer of the party notice, in writing, that it is considering deregistering the party under this section, setting out its reasons for considering doing so and the terms of the provisions of subsections (2), (3), (4) and (5).

          (1A)  If the Electoral Commission gives a notice under subsection (1), the Electoral Commissioner:

                     (a)  must publish a notice, on the Electoral Commission's website:

                              (i)  stating that the Commission is considering deregistering the party under this section; and

                             (ii)  specifying the paragraph of subsection (1) by reason of which it is considering doing so; and

                     (b)  may publish a notice covered by paragraph (a) of this subsection in any other way the Electoral Commissioner considers appropriate.

             (2)  Where a notice is given under subsection (1) in relation to a political party, the registered officer of the party or 10 members of the party may, within 1 month after the date on which the notice was given, lodge with the Electoral Commission a statement, in writing, signed by the registered officer or by those members of the party, as the case may be, setting out reasons why the party should not be deregistered under this section.

             (3)  Where a statement lodged under subsection (2) is signed by 10 members of a political party, the statement shall set out the names and addresses of those members and contain a statement that they are members of that party.

             (4)  Where a notice is given under subsection (1) in relation to a political party and a statement is not lodged under subsection (2) in response to that notice, the Electoral Commission shall deregister the party.

             (5)  Where, in response to a notice given under subsection (1) in relation to a political party, a statement is lodged under subsection (2), the Electoral Commission shall consider that statement and determine whether the political party should be deregistered for the reason set out in that notice.

             (6)  Where, under subsection (5), the Electoral Commission determines that a political party should be deregistered, it shall:

                     (a)  deregister the party;

                     (b)  give the person who was the last registered officer of the party written notice of the deregistration, setting out its reasons for rejecting the reasons set out in the statement lodged under subsection (2).

          (6A)  If the Electoral Commission deregisters a party under subsection (4) or (6), the Electoral Commissioner:

                     (a)  must publish a notice of the deregistration on the Electoral Commission's website; and

                     (b)  may publish a notice of the deregistration in any other way the Electoral Commissioner considers appropriate.

             (7)  Where, under subsection (5), the Electoral Commission determines that a political party should not be deregistered under this section, it shall give the registered officer of the party written notice of its determination.



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