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Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 42
42. Part IX of the Principal Act is repealed and the following Parts are
substituted:
''PART IX-REVIEW OF DECISIONS Review by Australian Electoral Officers
''58. (1) Where a Divisional Returning Officer for a Division-
(a) notifies a person under section 43 that a claim by the person for
enrolment, for transfer of enrolment or for provisional enrolment has
been rejected; or
(b) notifies a person under section 57 that the person's name has been
removed from a Roll in pursuance of an objection,
the person may, before the expiration of the period of 28 days commencing on
the day on which he is so notified, request the Divisional Returning Officer,
in writing, to refer the claim or the objection, as the case may be, to the
Australian Electoral Officer for the State that includes that Division for
review.
''(2) Where a Divisional Returning Officer for a Division notifies a person
who has objected, under section 52, to an enrolment that he has dismissed the
objection, the person objecting may, before the expiration of the period of 28
days commencing on the day on which he is so notified, request the Divisional
Returning Officer, in writing, to refer the objection to the Australian
Electoral Officer for the State that includes that Division for review.
''(3) Where a Divisional Returning Officer for a Division-
(a) notifies a person under sub-section 39B (5) that an application made
by the person under sub-section 39B (1) has been refused;
(b) notifies a person under sub-section 46A (5) that a request made by the
person under sub-section 46A (1) or (2) has been refused;
(c) notifies a person under sub-section 86 (9) that the person is not
enrolled for a Division; or
(d) notifies a person under sub-section 86 (10) that the person is not a
prescribed elector within the meaning of section 86, the person may,
before the expiration of the period of 28 days commencing on the day
on which he is so notified, request the Divisional Returning Officer,
in writing, to refer-
(e) the application made by the person under sub-section 39B (1);
(f) the request made by the person under sub-section 46A (1) or (2); or
(g) the application made by the person under sub-section 86 (2), as the
case may be, to the Australian Electoral Officer for the State that
includes that Division for review.
''(4) Where a Divisional Returning Officer for a Division in a State receives
a request under sub-section (1), (2) or (3), he shall forthwith forward to the
Australian Electoral Officer for the State a copy of the request, together
with-
(a) any relevant application made under sub-section 39B (1);
(b) any relevant claim form lodged under section 40;
(c) any relevant notice under section 43;
(d) any relevant request made under sub-section 46A (1) or (2);
(e) any relevant objection lodged under section 52;
(f) any relevant notice given under section 55;
(g) any relevant answer to an objection under section 56;
(h) any relevant notice given under section 56;
(j) any relevant application made under section 86; and
(k) such other information as he thinks relevant to the review of the
claim or objection, as the case may be.
''(5) Where an Australian Electoral Officer receives a copy of a request under
sub-section (4) in relation to a claim, objection, application or request, he
shall forthwith review the decision of the Divisional Returning Officer in
relation to the claim, objection, application or request, as the case may be.
''(6) For the purpose of reviewing a decision made by a Divisional Returning
Officer, the Australian Electoral Officer may exercise all of the powers and
discretions that are conferred by this Act on the Divisional Returning Officer
and shall make a decision in writing-
(a) affirming the decision under review; or
(b) setting aside the decision under review and making a decision in
substitution for the decision so set aside.
''(7) Where an Australian Electoral Officer makes a decision under sub-section
(6) in relation to a request made under sub-section (1), (2) or (3), he shall
cause a copy of the decision to be given to-
(a) the person who made the request;
(b) the Divisional Returning Officer in relation to whose decision the
request was made;
(c) in a case where an objector made the request in relation to a decision
upon an objection-the person objected to; and
(d) in a case where a person objected to made the request in relation to a
decision upon an objection-the objector.
''(8) Where an Australian Electoral Officer causes a copy of a decision made
under sub-section (6) to be given to a person under sub-section (7), the copy
shall be accompanied by a written statement to the effect that a person whose
interests are affected by the decision may, subject to the Administrative
Appeals Tribunal Act 1975 , if he is dissatisfied with the decision, make an
application to the Administrative Appeals Tribunal for review of the decision.
''(9) Any failure to comply with the requirement of sub-section (8) in
relation to a decision does not affect the validity of the decision. Review by
Administrative Appeals Tribunal
''58AA. (1) Application may be made to the Administrative Appeals Tribunal for
review of-
(a) a decision made by an Australian Electoral Officer refusing an
application made under sub-section 39C (1); or
(b) a decision made by an Australian Electoral Officer under sub-section
58 (6).
''(2) In this section, 'decision' has the same meaning as it has in the
Administrative Appeals Tribunal Act 1975. Application of Part
''58AB. (1) This Part applies in relation to a Territory as if-
(a) references in the preceding sections of this Part to a State were
references to a Territory; and
(b) references in the preceding sections of this Part to an Australian
Electoral Officer were references to the Electoral Commissioner.
''(2) This Part applies in relation to a Subdivision in relation to which an
Assistant Divisional Returning Officer is appointed as if references in this
Part, in relation to a Subdivision, to a Divisional Returning Officer were
references to an Assistant Divisional Returning Officer.
''PART IXA-REGISTRATION OF POLITICAL PARTIES
Interpretation
''58A. (1) In this Part, unless the contrary intention appears-
'Commission' means the Electoral Commission;
'eligible political party' means-
(a) a Parliamentary party; or
(b) a political party, other than a Parliamentary party, that has at least
500 members;
'Parliamentary party' means a political party at least one member of which is
a member of-
(a) the Parliament of the Commonwealth;
(b) the Parliament of a State;
(c) the Legislative Assembly of the Northern Territory of Australia; or
(d) the Australian Capital Territory House of Assembly;
'secretary', in relation to a political party, means the person who holds the
office (however described) the duties of which involve responsibility for the
carrying out of the administration, and for the conduct of the correspondence,
of the party.
''(2) For the purposes of this Part, 2 political parties shall 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, a person shall be taken to be a member of
a political party if he is a member of a political party that is related to
the first-mentioned political party. Registration of political parties
''58B. Subject to this Part, an eligible political party may be registered
under this Part for the purposes of this Act. Register of Political Parties
''58C. The Commission shall establish and maintain a Register, to be known as
the Register of Political Parties, containing a list of the political parties
that are registered under this Part. Application for registration
''58D. (1) An application for the registration of an eligible political party
may be made to the Commission by-
(a) in the case of a Parliamentary party at least one member of which is a
member of the Parliament of the Commonwealth-
(i) the secretary of the party; or
(ii) all the members of that Parliament who are members of, or the
member of that Parliament who is a member of, the party;
(b) in the case of a Parliamentary party no member of which is a member of
the Parliament of the Commonwealth-
(i) the secretary of the party; or
(ii) all the members of a Parliament or an Assembly referred to in
the definition of 'Parliamentary party' in section 58A who are
members of, or the member of a Parliament or an Assembly so
referred to who is a member of, the party; or
(c) in the case of a political party other than a Parliamentary party-10
members of the party.
''(2) An application for the registration of an eligible political party shall
be in writing, signed by the applicant or applicants, and shall-
(a) set out the name of the party;
(b) if the party wishes to be able to use for the purposes of this Act an
abbreviation of its name-set out that abbreviation;
(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;
(d) state whether or not the party wishes to receive moneys under Division
3 of Part XVI;
(e) set out the name and address of the applicant or the names and
addresses of the applicants and particulars of the capacity in which
the applicant or each applicant makes the application;
(f) state whether or not the party has, or operates under, a constitution
(however described); and
(g) be accompanied by a copy of the constitution (if any) to which
paragraph (f) applies.
''(3) Upon receipt of an application for the registration of a political
party, the Commission shall deal with the application in accordance with this
Part and determine whether the party can be registered. Party not to be
registered during election
''58E. During the period commencing on the day of the issue of the writ for a
Senate election or a House of Representatives election and ending on the day
on which the writ is returned, no action shall be taken in relation to any
application for the registration of a political party, including any action by
the Administrative Appeals Tribunal in respect of a decision of the Commission
that relates to such an application. Only Parliamentary parties to be
registered during initial period
''58F. If, during the period of 3 months commencing on the commencement of
this Part, an application is made for the registration of an eligible
political party that is not a Parliamentary party, the application shall not
be considered until after the expiration of that period. Parties with certain
names not to be registered
''58G. The Commission shall refuse an application for the registration of a
political party if, in its opinion, the name of the party or the abbreviation
of its name that it wishes to be able to use for the purposes of this Act (if
any)-
(a) comprises more than 6 words;
(b) is obscene;
(c) is the name, or is an abbreviation or acronym of the name, of another
political party (not being a political party that is related to the
party to which the application relates) that is a Parliamentary party
or a registered political party;
(d) so nearly resembles the name, or an abbreviation or acronym of the
name, of another political party (not being a political party that is
related to the party to which the application relates) that is a
Parliamentary party or a registered political party that it is likely
to be confused with or mistaken for that name or that abbreviation or
acronym, as the case may be; or
(e) comprises the words 'Independent Party' or comprises or contains the
word 'Independent' and-
(i) the name, or an abbreviation or acronym of the name, of a
Parliamentary party or a registered political party; or
(ii) matter that so nearly resembles the name, or an abbreviation or
acronym of the name, of a Parliamentary party or a registered
political party that the matter is likely to be confused with
or mistaken for that name or that abbreviation or acronym, as
the case may be.
Different levels of party may be registered
''58H. The Commission may register an eligible political party notwithstanding
that a political party that is related to it has been registered. Variation of
application
''58J. (1) Where, after initial consideration of an application for the
registration of a political party, the Commission is of the opinion that it is
required to refuse the application but that the applicant or applicants might
be prepared to vary the application in such a way that it would not be so
required, the Commission shall give the applicant or applicants written notice
that it is of that opinion, setting out the reasons for its opinion and the
terms of the provisions of sub-sections (2) and (3).
''(2) Where notice is given under sub-section (1) in relation to an
application, the Commission is not required to give further consideration to
the application unless and until notice is lodged with it under sub-section
(3).
''(3) Where notice is given under sub-section (1) in relation to an
application for the registration of a political party, the applicant or
applicants may lodge with the Commission a written request, signed by the
applicant or applicants, to-
(a) vary the application in a manner specified in the request; or
(b) proceed with the application in the form in which it was lodged,
and the Commission shall comply with the request. Publication of notice of
application
''58K. (1) Where an application for registration is lodged with the
Commission, the Commission shall-
(a) unless paragraph (b) applies-as soon as practicable after the
application is lodged; or
(b) where it gives a notice under sub-section 58J (1)-as soon as
practicable after the receipt of a request under sub-section 58J (3)
in respect of the application,
publish in the Gazette and in each State and Territory in a newspaper
circulating generally in that State or Territory a notice of the application.
''(2) A notice under sub-section (1) in relation to an application shall-
(a) set out the particulars specified in the application in accordance
with sub-section 58D (2); and
(b) invite any persons who believe that the application-
(i) does not relate to an eligible political party;
(ii) is not in accordance with section 58D;
(iii) should not be considered by reason of section 58F; or
(iv) should be refused under section 58G,
to submit written particulars of the grounds for that belief to the Commission
within 1 month after the date of the publication of the notice in the Gazette.
''(3) Particulars submitted by a person under sub-section (2) shall be signed
by, and specify an address of, that person.
''(4) The Commission shall not register a political party unless it has
complied with sub-section (1) and considered any particulars submitted in
response to the invitation referred to in paragraph (2) (b). Registration
''58L. (1) Where the Commission determines that a political party an
application for the registration of which has been made should be registered,
it shall-
(a) register the party by entering in the Register-
(i) the name of the party;
(ii) if an abbreviation of the name of the party was set out in the
application-that abbreviation;
(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
(iv) where the party has in its application stated that it wishes to
receive moneys under Division 3 of Part XVI-a statement
indicating that the party so wishes;
(b) give written notice to the applicant or applicants that it has
registered the party;
(c) if any person or persons submitted particulars in response to the
invitation referred to in paragraph 58K (2) (b) in relation to the
application-give written notice to that person or those persons that
it has registered the party, setting out in the notice to each person
the reasons for rejecting the reasons particulars of which were so
submitted by the person; and
(d) publish in the Gazette notice of the registration of the party.
''(2) Where a statement is entered in the Register that a political party
wishes to receive moneys under Division 3 of Part XVI, that party shall, for
the purposes of Part XVI, be taken to have been registered for public funding.
''(3) Where the Commission determines that an application for the registration
of a political party should be refused, it shall give the applicant or
applicants written notice that it has refused the application, setting out the
reasons for its so refusing. Changes to Register
''58M. (1) Where a political party is registered under this Part, an
application may be made to the Commission, by-
(a) in the case of a Parliamentary party-a person or persons who, if the
party were not registered, would be entitled under sub-section 58D (1)
to make an application for the registration of the party; or
(b) in the case of a political party other than a Parliamentary party-3
members of the party,
to change the Register by-
(c) changing the name of the party to a name specified in the application;
(d) if an abbreviation of the name of the party is entered in the
Register-changing that abbreviation to an abbreviation specified in
the application;
(e) 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;
(f) entering in, or removing from, the Register a statement that the party
wishes to receive moneys under Division 3 of Part XVI;
(g) substituting for the name of the registered officer entered in the
Register the name of a person specified in the application; or
(h) substituting for the address of the registered officer of the party
that is entered in the Register another address specified in the
application.
''(2) An application under sub-section (1)-
(a) shall be in writing, signed by the applicant or applicants;
(b) in the case of an application to substitute the name of a person as
the name of the registered officer of a political party, may be signed
by the registered officer; and
(c) shall set out the name and address of the applicant or the names and
addresses of the applicants and particulars of the capacity in which
the applicant or each applicant makes the application.
''(3) Upon receipt of an application under sub-section (1), the Commission
shall deal with the application in accordance with this Part and determine
whether the change requested in the application should be made.
''(4) In respect of an application under sub-section (1) for a change referred
to in paragraph (1) (c), (d) or (e), sections 58E, 58G, 58J and 58K apply in
relation to the application as if a reference in those sections to an
application for registration were a reference to an application for that
change.
''(5) Where an application under sub-section (1) to substitute the name of a
person for the name of the registered officer of a political party is not
signed by the registered officer, the Commission shall-
(a) give the registered officer written notice of the application for the
change and invite him, if he considers that there are reasons why the
change should not be made, to submit written particulars of those
reasons to the Commission within 7 days after the date on which the
notice was given; and
(b) consider any particulars submitted in response to the invitation
referred to in paragraph (a).
''(6) Where the Commission determines that an application under sub-section
(1) should be granted, it shall-
(a) change the Register accordingly;
(b) give the applicant or applicants written notice that it has made the
change;
(c) in the case of a change referred to in paragraph (1) (c), (d) or (e)
in respect of which any person or persons submitted particulars in
response to the invitation referred to in paragraph 58K (2) (b) in its
application by virtue of sub-section (4)-give written notice to that
person or those persons that it has made the change, setting out in
the notice to each person the reasons for rejecting the reasons
particulars of which were so submitted by the person;
(d) in the case of an application to substitute the name of a person for
the name of the registered officer of the party, being an application
in respect of which the registered officer submitted particulars under
paragraph (5) (a)-give written notice to that registered officer that
it has made the change setting out the reasons for rejecting the
reasons particulars of which were so submitted; and
(e) publish in the Gazette notice of the change.
''(7) Where the Commission determines that an application under sub-section
(1) should be refused it shall give the applicant or applicants written notice
that it has so determined. Voluntary de-registration
''58N. (1) A political party that is registered under this Part shall be
de-registered by the Commission if an application to do so is made to the
Commission by a person or persons who are entitled to make an application for
a change to the Register under section 58M in relation to the party.
''(2) An application under sub-section (1) shall-
(a) be in writing, signed by the applicant or applicants; and
(b) set out the name and address of the applicant or the names and
addresses of the applicants and particulars of the capacity in which
the applicant or each applicant makes the application.
''(3) Where a political party is de-registered under sub-section (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. De-registration of party not
endorsing candidates
''58P. (1) If the candidates in the elections for the Senate or the House of
Representatives held within the period of 4 years immediately following the
registration under this Part of a political party do not include at least one
candidate endorsed by that party, the Commission shall-
(a) de-register that party;
(b) give the person who was the registered officer of the party
immediately before its de-registration notice in writing of the
de-registration; and
(c) publish a notice of the de-registration in the Gazette.
''(2) Where a political party is de-registered under sub-section (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.
''(3) A Parliamentary party shall not be de-registered under this section.
De-registration of political party on other grounds
''58Q. (1) If the 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);
(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,
the Commission shall-
(d) give the registered officer of the party notice, in writing, that it
is considering de-registering the party under this section setting out
its reasons for considering doing so and the terms of the provisions
of sub-sections (2), (3), (4) and (5); and
(e) publish a notice in the Gazette that it is considering de-registering
the party under this section, specifying the paragraph of this
sub-section by reason of which it is considering doing so.
''(2) Where a notice is given under paragraph (1) (d) 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 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 de-registered under this section.
''(3) Where a statement lodged under sub-section (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 paragraph (1) (d) in relation to a
political party and a statement is not lodged under sub-section (2) in
response to that notice, the Commission shall de-register the party and
publish a notice of the de-registration in the Gazette.
''(5) Where, in response to a notice given under paragraph (1) (d) in relation
to a political party, a statement is lodged under sub-section (2), the
Commission shall consider that statement and determine whether the political
party should be de-registered for the reason set out in that notice.
''(6) Where, under sub-section (5), the Commission determines that a political
party should be de-registered, it shall-
(a) de-register the party;
(b) give the person who was the last registered officer of the party
written notice of the de-registration, setting out its reasons for
rejecting the reasons set out in the statement lodged under
sub-section (2); and
(c) publish a notice of the de-registration in the Gazette.
''(7) Where, under sub-section (5), the Commission determines that a political
party should not be de-registered under this section, it shall give the
registered officer of the party written notice of its determination.
De-registration
''58R. Where a political party is de-registered under section 58N, 58P or 58Q,
the Commission shall cause the particulars on the Register that relate to that
party to be cancelled. Inspection of Register
''58S. The Register shall be open for public inspection, without fee, during
ordinary office hours at the principal office of the Commission in Canberra.
Service of documents
''58T. (1) Where the Commission is required by this Part to give a written
notice to-
(a) an applicant or applicants for registration;
(b) the registered officer of a political party;
(c) the person who was the registered officer of a political party
immediately before its de-registration;
(d) a person who submitted particulars to it; or
(e) a person who made an application under sub-section 58U (2), that
notice shall be given by being posted by pre-paid post as a letter
addressed to-
(f) the person nominated as the registered officer in the application for
registration at his address shown in the application;
(g) the registered officer of the political party at his address set out
in the Register;
(h) the last registered officer of the party at his address shown in the
Register;
(j) the person who submitted the particulars at the address specified in
the particulars; or
(k) the person who made the application under sub-section 58U (2) at the
address specified in the application,
as the case may be.
''(2) Where a person is, or persons are, entitled by this Part to make an
application to the Commission, the person or persons shall do so by causing
the application to be lodged at the principal office of the Commission in
Canberra, in the capital city of a State or in Darwin.
''(3) Where a person is, or persons are, entitled by this Part to lodge a
document (other than an application) with the Commission, the person or
persons shall do so by causing the documents to be lodged at the principal
office of the Commission in Canberra. Review of certain decisions
''58U. (1) In this section-
'Commission' does not include a delegate of the Commission;
'decision' has the same meaning as it has in the Administrative Appeals
Tribunal Act 1975 ;
'person' includes a political party;
'reviewable decision' means a decision of the Commission, or of a delegate of
the Commission-
(a) to register a political party under this Part;
(b) to refuse an application for the registration of a political party
under this Part;
(c) to grant an application under sub-section 58M (1);
(d) to refuse an application under sub-section 58M (1); or
(e) to de-register a political party under sub-section 58Q (6).
''(2) Where a delegate of the Commission makes a reviewable decision, a person
affected by the decision who is dissatisfied with the decision may, within the
period of 28 days after the day on which the decision first comes to the
notice of the person, or within such further period as the Commission (either
before or after the expiration of that period) allows, make a written
application to the Commission for the review of the decision by the
Commission, specifying in the application an address of the applicant.
''(3) There shall be set out in the application under sub-section (2) the
reasons for making the application.
''(4) Upon the receipt of an application under sub-section (2) for the review
of a reviewable decision, the Commission shall review that decision and shall
make a decision-
(a) affirming the decision under review;
(b) varying the decision under review; or
(c) setting aside the decision under review and making a decision in
substitution for the decision so set aside.
''(5) Application may be made to the Administrative Appeals Tribunal for
review of a reviewable decision made by the Commission or a decision under
sub-section (2) or (4).
''(6) For the purposes of a review referred to in sub-section (5), the
Administrative Appeals Tribunal shall, subject to sub-section 23 (1) of the
Administrative Appeals Tribunal Act 1975, be constituted by 3 presidential
members within the meaning of that Act who are Judges of the Federal Court of
Australia.
''(7) Where the Commission makes a decision under sub-section (4), it shall
give written notice of that decision to-
(a) the person, or each person, to whom written notice of the reviewable
decision to which the decision of the Commission relates was given
under this Part; and
(b) the person who made the application for the review of that reviewable
decision.
''(8) Where a delegate of the Commission makes a reviewable decision, a
written notice of the decision given to a person or persons under this Part
shall include a statement to the effect that-
(a) a person affected by the decision may, if he is dissatisfied with the
decision, seek a review of the decision by the Commission in
accordance with sub-section (2); and
(b) a person whose interests are affected by the decision may, subject to
the
Administrative Appeals Tribunal Act 1975, if he is dissatisfied with a
decision made by the Commission upon that review make application to the
Administrative Appeals Tribunal for review of the decision made by the
Commission.
''(9) Where the Commission makes a reviewable decision or a decision under
sub-section (2) or (4), a written notice of the decision given to a person or
persons under this Part shall include a statement to the effect that a person
whose interests are affected by the decision may, subject to the
Administrative Appeals Tribunal Act 1975, if he is dissatisfied with the
decision, make an application to the Administrative Appeals Tribunal for
review of the decision.
''(10) Any failure to comply with the requirement of sub-section (8) or (9) in
relation to a decision does not affect the validity of the decision.
''PART IXB-REGISTRATION OF CANDIDATES
Interpretation
''58V. (1) In this Part-
'candidate', in relation to an election, includes a person who has announced
his intention to be a candidate in that election;
'Commission' means the Electoral Commission;
'Register' means the Register of Candidates established under section 58W;
'registered name', in relation to a registered political party, means-
(a) the name of the party entered in the Register of Political Parties; or
(b) the abbreviation (if any) of the name of the party entered in that
Register.
''(2) For the purposes of this Part, if a person is endorsed as a candidate in
an election by 2 registered political parties, that person shall be taken to
be endorsed by only one of those parties, being such party as he specifies in
his notification of candidacy under section 58X or 58Y. Register of Candidates
''58W. The Commission shall establish and maintain a Register, to be known as
the Register of Candidates, containing a list of the individual candidates,
and the groups of candidates, registered under this Part. Notification of
candidacy
''58X. (1) Where a person who has been endorsed as a candidate in an election
by a registered political party wishes a registered name of that party to be
printed adjacent to his name on the ballot-papers for use in that election, he
may notify the Commission of his candidacy in accordance with this section.
''(2) Where a candidate in an election who has not been endorsed in that
election by a registered political party wishes-
(a) to receive moneys under Division 3 of Part XVI in respect of that
election; or
(b) to have the word 'Independent' printed adjacent to his name on the
ballot-papers for use in that election,
he may notify the Commission of his candidacy in accordance with this section.
''(3) Notification by a candidate in accordance with this section shall-
(a) be in writing signed by the candidate;
(b) set out the surname, Christian or given names, and residential address
of the candidate;
(c) specify the House of the Parliament in an election for which he is a
candidate;
(d) in the case of a candidate in a Senate election-specify the State or
Territory in which he is a candidate;
(e) in the case of a candidate in a House of Representatives election-
specify the Division for which he is a candidate;
(f) in the case of a candidate who is endorsed in the election by a
registered political party-
(i) state that he is so endorsed, specifying the party; and
(ii) state that he wishes the registered name, or a registered name,
of that party, to be printed adjacent to his name on
ballot-papers for use in that election, specifying, where there
are 2 such names, the name that he wishes to be so printed; and
(g) in the case of a candidate who is not endorsed in that election by a
registered political party-
(i) state whether or not he wishes to receive moneys under Division
3 of Part XVI; and
(ii) state whether or not he wishes the word 'Independent' to be
printed adjacent to his name on ballot-papers for use in that
election.
Notification of candidacy by groups
''58Y. (1) Where 2 or more persons who have been endorsed as candidates in a
Senate election by a registered political party-
(a) have, or propose to have, their names included in a group in
accordance with section 72A; and
(b) wish, on ballot-papers for use in the election-
(i) to have printed adjacent to each of their names a registered
name of the party that endorsed the person concerned; and
(ii) where they have, or propose to have, a group voting ticket
registered for the purposes of that election-to have a
registered name of the party that endorsed them or a
combination of names of the parties that endorsed them, as the
case requires, printed adjacent to the square printed in
relation to their group in accordance with sub-section 106 (5),
those persons may notify the Commission of their candidacy in a joint
notification in accordance with this section.
''(2) Where 2 or more candidates in a Senate election who have not been
endorsed in that election by a registered political party-
(a) have, or propose to have, their names included in a group in
accordance with section 72A; and
(b) wish to receive moneys under Division 3 of Part XVI in respect of that
election,
those candidates may notify the Commission of their candidacy in a joint
notification in accordance with this section.
''(3) Notification by candidates in accordance with this section shall-
(a) be in writing signed by each of those candidates;
(b) set out the surname, Christian or given names, and residential
addresses, of each of those candidates;
(c) state that they are candidates in a Senate election specifying the
State or Territory in which they are candidates;
(d) state that they have, or propose to have, their names included in a
group in accordance with section 72A;
(e) in the case of candidates who are endorsed in that election by a
registered political party-
(i) state, in respect of each candidate, that he is so endorsed,
specifying the party;
(ii) state, in respect of each candidate, whether that candidate
wishes the registered name, or a registered name, of the
political party by which he is so endorsed to be printed
adjacent to his name in ballot-papers for use in that election,
specifying, where there are 2 such names, the name that he
wishes to be so printed; and
(iii) where those candidates-
(A) have not been so endorsed in that election by the same
registered political party;
(B) have, or propose to have, a group voting ticket
registered for the purposes of that election;
(C) have expressed the wish in accordance with sub-paragraph
(ii) for the names of political parties to be printed on
ballot-papers; and
(D) wish a composite name formed from the names referred to
in sub-sub-paragraph (C) to be printed on ballot-papers
for use in that election in accordance with section 106C,
state that they wish that composite name to be so printed; and
(f) in the case of candidates who are not endorsed in that election by a
registered political party-state that they wish their group to receive
moneys under Division 3 of Part XVI in respect of that election.
''(4) Candidates who have been endorsed in an election by the same political
party shall not specify different names of that party in statements under
sub-paragraph (3) (e) (ii). Registration
''58Z. (1) Subject to sub-section (4), where a candidate in an election
notifies the Commission of his candidacy in accordance with section 58X, the
Commission shall register the candidate by causing to be entered in the
Register-
(a) the particulars set out in his notification of candidacy in accordance
with paragraphs 58X (3) (a), (b), (c), (d) and (e);
(b) in the case of a candidate to whom paragraph 58X (3) (f) applies-the
name of a political party that, according to his notification, he
wishes to be printed adjacent to his name on ballot-papers for use in
that election; and
(c) in the case of a candidate to whom paragraph 58X (3) (g) applies-
(i) where the candidate has stated in his notification that he
wishes to receive moneys under Division 3 of Part XVI in
respect of that election-a statement that he so wishes; and
(ii) where the candidate has stated in his notification that he
wishes to have the word 'Independent' printed adjacent to his
name on ballot-papers for use in that election-that word.
''(2) Subject to sub-section (4), where candidates in a Senate election whose
names are, or are proposed to be, included in a group in accordance with
section 72A notify the Commission of their candidacy in accordance with
section 58Y, the Commission shall register that group by causing to be entered
in the Register-
(a) the particulars of those candidates set out in their notification of
candidacy in accordance with paragraphs 58Y (3) (a), (b), (c) and (d);
(b) in the case of candidates to whom paragraph 58Y (3) (e) applies-
(i) in respect of each of those candidates, the name of a political
party that, according to the notification, he wishes to be
printed adjacent to his name on the ballot-papers for use in
that election; and
(ii) where sub-paragraph 58Y (3) (e) (iii) applies to the group--the
relevant composite name; and
(c) in the case of candidates to whom paragraph 58Y (3) (f) applies-a
statement that they wish to receive moneys under Division 3 of Part
XVI in respect of that election,
together with an indication of the fact that those candidates constitute a
group.
''(3) If a candidate who is registered under sub-section (1) is a member of a
group that becomes registered under sub-section (2), the Commission shall
de-register the candidate by causing the entries made in relation to him under
sub-section (1) to be cancelled.
''(4) For the purposes of this section, a candidate shall not be taken to be
endorsed as a candidate in an election by a registered political party or to
be a candidate to whom paragraph 58X (3) (f) or 58Y (3) (e) applies unless-
(a) the notification given by him under section 58X or 58Y was signed by
the registered officer of that party;
(b) the name of the candidate is included in a statement setting out the
names of endorsed candidates in that election, or elections that
include that election, signed, and lodged with the Commission, by the
registered officer of that party before the close of nominations for
that election; or
(c) the Commission is satisfied, after making such enquiries as it thinks
appropriate of the registered officer of that party or otherwise, that
the candidate is so endorsed.
''(5) Where a statement is entered in the Register under sub-paragraph (1) (c)
(i) in relation to a candidate or under paragraph (2) (c) in relation to a
group, that candidate or group, as the case may be, shall, for the purposes of
Part XVI, be taken to have been registered for public funding.
''(6) A reference in sub-section (4) to the registered officer of a political
party shall be read as including a reference to any person nominated by the
registered officer of that party to be a deputy registered officer of that
party for the purposes of that sub-section by notice in writing, specifying
the name and address of the person and signed by the registered officer,
lodged with the Commission, not being a nomination that has been cancelled by
notice in writing, signed by the registered officer, lodged with the
Commission. Change of particulars in Register
''58ZA. Particulars entered in the Register in relation to a candidate, being
particulars of his name or address, a statement that he wishes to receive
moneys under Division 3 of Part XVI, or the word 'Independent', shall be
altered by the Commission if an application to the Commission to do so, being
an application in writing signed by that candidate, is lodged with the
Commission. De-registration of candidates and groups
''58ZB. (1) A candidate who is registered under this Part shall be
de-registered by the Commission if an application to the Commission to do so,
being an application in writing signed by that candidate, is lodged with the
Commission.
''(2) A group that is registered under this Part shall be de-registered by the
Commission if an application to the Commission to do so, being an application
in writing signed by each candidate in that group, is lodged with the
Commission.
''(3) Where a candidate in a group that is registered under this Part applies
to the Commission, in writing signed by him, to have his name removed from the
list of candidates in a group, the Commission shall-
(a) if the group consists of 3 or more candidates-cause the particulars
relating to the candidate in the Register to be cancelled;
(b) if the group consists of that candidate and only 1 other
candidate-de-register the group by causing the entries relating to the
group in the Register to be cancelled; and
(c) give the other candidate or candidates in the group written notice of
the action taken under paragraph (a) or (b).
''(4) Where a candidate who is registered under this Part dies, the Commission
shall cause the particulars in the Register that relate to him to be
cancelled.
''(5) Where a candidate in a group of candidates registered under this Part
dies, the Commission shall-
(a) cause the particulars relating to him in the Register to be cancelled;
(b) if the group consists of that candidate and only 1 other
candidate-de-register the group by causing the entries relating to the
group in the Register to be cancelled; and
(c) give the other candidate or candidates in the group written notice of
the action so taken under paragraph (a) or (b).
''(6) Where the registered officer of a registered political party the name,
or a name, of which is entered in the Register in relation to a candidate in
an election registered under sub-section 58Z (1) applies, otherwise than after
the close of nominations in that election and before the close of polling in
that election, for the de-registration of that candidate, the Commission
shall-
(a) de-register the candidate by causing the entry relating to him to be
cancelled; and
(b) give the candidate written notice of his de-registration.
''(7) Where the registered officer of a registered political party the name,
or a name, of which is entered in the Register in relation to a candidate in
an election in a group registered under sub-section 58Z (2) applies, otherwise
than after the close of nominations in that election and before the close of
polling in that election, for the removal of the name of that candidate from
that group, the Commission shall-
(a) if the group consists of 3 or more candidates-cause the particulars
set out in the Register in relation to the candidate to be cancelled;
(b) if the group consists of that candidate and only 1 other
candidate-de-register the group by causing the entries relating to the
group in the Register to be cancelled; and
(c) give the candidates in the group written notice of the action taken
under sub-paragraph (a) or (b).
''(8) Where action taken by the Commission under this section relates to a
candidate, or to a group of candidates that includes a candidate, who is or
has been, endorsed by a registered political party, the Commission shall cause
written notice of that action to be given to the registered officer of that
party unless the action was taken under sub-section (6) or (7) on the
application of that officer. Inspection of Register
''58ZC. The Register of Candidates shall be open for public inspection,
without fee, during ordinary office hours at the principal office of the
Commission in Canberra. Service of documents
''58ZD. (1) Where the Commission is required by this Part to give a written
notice to-
(a) a candidate registered under this Part;
(b) a candidate in a group registered under this Part; or
(c) the registered officer of a registered political party,
that notice shall be given by being posted by pre-paid post as a letter
addressed to-
(d) the candidate at his address set out in the Register; or
(e) the registered officer at his address set out in the Register of
Political Parties,
as the case may be.
''(2) Where a person is, or persons are, entitled by this Part to give
notification of candidacy to the Commission, the person or persons shall do so
by causing the notification to be lodged at the principal office of the
Commission in Canberra, in the capital city of a State or in Darwin.
''(3) Where a person is, or persons are, required or entitled by this Part to
lodge an application with the Commission, the person or persons shall do so by
causing the application to be lodged at the principal office of the Commission
in Canberra.''.
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