New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 63

63 Entitlements resulting from party registration not available until 12 months after registration

(1) A party that becomes registered under this Part is not a registered party until 12 months after the date of its registration for the following purposes--

(a) Division 3 of Part 7 (Nominations),

(b) Subdivision 2 of Division 5 of Part 7 (Party or independent identification on ballot papers),

(c) Subdivision 6 of Division 14 of Part 7 (Registration of electoral material).

(2) A party that becomes registered under this Part is not, until 12 months after the date of its registration--

(a) a registered party for the purposes of the Electoral Funding Act 2018 , or

(b) a party for the purposes of Division 2 of Part 4 of that Act.

(3) This section extends to a party whose registration was previously cancelled under this Part.

(4) If the registration of a 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 party should have been registered. Such an order cannot be made so as to backdate the registration of a party to a date during or before a previous period referred to in section 62.

(5) The Register of Parties cannot be amended to backdate the registration of a party, except as authorised by an order under subsection (4).

(6) For the purpose of calculating the 12 month period referred to in subsection (1), any period of time after the issue of writs for a general election and before the return of those writs is to be disregarded.