New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 60

60 Notice of application for registration

(1) If, after carrying out any preliminary tests and inquiries with respect to an application for the registration of a party, the Electoral Commissioner is satisfied that the party may be an eligible party and the application may be duly made, the Electoral Commissioner must cause a notice to be published--

(a) in one or more newspapers circulating throughout New South Wales, and

(b) on the Electoral Commission's website.

(2) The notice must--

(a) state that the application has been received, and

(b) request that any objections to the application be lodged with the Electoral Commissioner within 14 days after the date of publication of the notice.

(3) The notice must set out the particulars that are required by section 59 to be set out in the application and must state that the application can be inspected at a specified address.

(4) However, subsection (3) does not require the following particulars to be set out in the notice--

(a) the copy of the party's written constitution,

(b) the following information--

(i) the party's objects,

(ii) the procedure for amending the party's written constitution,

(iii) the rules for membership of the party, including the procedure for accepting a person as a member and ending a person's membership,

(iv) a description of the party structure and of how the party manages its internal affairs,

(v) the procedure for selecting a person to hold an office in the party and for removing a person from office,

(vi) the names of the officers or members of the party responsible for ensuring the party complies with this Act and the Electoral Funding Act 2018 ,

(c) the names and enrolled addresses of 750 members of the party,

(d) the declarations of membership of those members,

(e) other particulars prescribed by the regulations for the purposes of this subsection.

(5) The Electoral Commissioner must consider all objections received during the 14 day period, for the purpose of determining--

(a) whether the party referred to in the application is an eligible party, and

(b) whether the application was duly made, and

(c) whether the Electoral Commissioner should refuse to register the party.

(6) This section does not limit the matters that the Electoral Commissioner may take into consideration when determining the matters referred to in subsection (5).

(7) The Electoral Commissioner must not register the party until the 14 day period has expired and all the objections have been considered.

(8) The decision of the Electoral Commissioner on any such objection is final.

(9) This section extends to an amended application referred to in section 64 (6), unless the Electoral Commissioner is of the opinion that the amendment is of a minor nature only and does not warrant publication of a further notice under this section.