New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 64

64 Refusal to register

(1) The Electoral Commissioner may refuse to register a party if it is not an eligible party or if its application for registration has not been duly made under this Part.

(2) Without limiting subsection (1), the Electoral Commissioner may refuse to register a party if the Electoral Commissioner believes on reasonable grounds that particulars set out in, or documents included in, the application are incomplete or not correct, but may, if the Electoral Commissioner thinks fit, register the party despite any such defect.

(3) The Electoral Commissioner--

(a) may, before registering a party, require a written response from a number of the members relied on for registration of the party that the Electoral Commissioner considers appropriate confirming that they are in fact members of the party, and

(b) may adopt any other test for verifying membership of the party that must be satisfied before the party is registered, and

(c) may inspect the Electoral Information Register for the purpose of determining whether the persons relied on as members for registration of the party are enrolled under this Act, and

(d) may make other inquiries about the members of the party or the party for the purpose of determining whether the party is an eligible party and the application for its registration is duly made.

The regulations may (but need not) sanction particular tests or inquiries for the purposes of this subsection.

(4) The Electoral Commissioner is to refuse to register a party if, in the opinion of the Electoral Commissioner, the name of the party or the abbreviation of the name (if any) as set out in the application for registration of the party--

(a) comprises more than 6 words, or

(b) is obscene or offensive, or

(c) is the name, an abbreviation or acronym of the name, or a derivative of the name, of a registered party or a party currently represented in Parliament, or

(d) is likely to be confused with or mistaken for the name, or an abbreviation or acronym of the name, of a registered party or a party currently represented in Parliament, 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 registered party or a party currently represented in Parliament, or

(ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a registered party or a party currently represented in Parliament that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym.

(5) The Electoral Commissioner may refuse to register a party if, in the opinion of the Electoral Commissioner, the name of the party or the abbreviation of the name (if any) as set out in the application for registration of the party--

(a) is the name, an abbreviation or acronym of the name, or a derivative of the name, of a party that was registered under this Part (or Part 4A of the Parliamentary Electorates and Elections Act 1912 ) at any time during the previous 2 years (
"a recently deregistered party" ), or

(b) is likely to be confused with or mistaken for the name, or an abbreviation or acronym of the name, of a recently deregistered party, or

(c) comprises or contains the word "Independent" and--

(i) the name, or an abbreviation or acronym of the name, of a recently deregistered party, or

(ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a recently deregistered party that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym.

(5A) The Electoral Commissioner must refuse to register a party if, in the opinion of the Electoral Commissioner, the logo of the party, if any, as set out in the application for registration of the party--

(a) is obscene or offensive, or

(b) is the logo of a registered party or a party currently represented in Parliament or another person, or

(c) so nearly resembles the logo of a registered party or a party currently represented in Parliament or another person it is likely to be confused with or mistaken for the logo, or

(d) is one a reasonable person would think suggests a connection or relationship exists between the party and another registered party if that connection or relationship does not in fact exist, or

(e) comprises or contains the words "Independent Party" or comprises or contains the word "Independent" and--

(i) the name, or an abbreviation or acronym of the name, or logo of a registered party or a party currently represented in Parliament, or

(ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, or logo of a registered party or a party currently represented in Parliament that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym.

(5B) The Electoral Commissioner may refuse to register a party if, in the opinion of the Electoral Commissioner, the logo of the party, if any, as set out in the application for registration of the party--

(a) is the logo of a party registered under this Part at any time during the previous 2 years (a
"recently deregistered party" ), or

(b) so nearly resembles the logo of a recently deregistered party it is likely to be confused with or mistaken for the logo, or

(c) is one a reasonable person would think suggests a connection or relationship exists between the party and a recently deregistered party if that connection or relationship does not in fact exist, or

(d) comprises or contains the words "Independent Party" or comprises or contains the word "Independent" and--

(i) the name, or an abbreviation or acronym of the name, or logo of a recently deregistered party, or

(ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, or logo of a recently deregistered party that the matter is likely to be confused with or mistaken for that name, abbreviation, acronym or logo.

(6) If the Electoral Commissioner refuses to register a party--

(a) the Electoral Commissioner must, as soon as is reasonably practicable, notify the applicant of the refusal and of the reasons for the refusal, and

(b) the applicant may, within 30 days after the date of the notification by the Electoral Commissioner, amend the application for registration and the Electoral Commissioner may deal with the amended application.

(7) Despite subsection (4), if a party is registered under the Commonwealth Act (a
"Commonwealth registered party" ), the Electoral Commissioner must not refuse to register under this Act--

(a) the Commonwealth registered party, or

(b) another party (if the Commonwealth registered party has given its consent in writing to the registration),

under the same name or same abbreviation (or both) as the Commonwealth registered party is registered under the Commonwealth Act by reason only of a ground set out in the following--

(c) subsection (4) (b),

(d) subsection (4) (c) or (d), unless the registered party or party currently represented in Parliament referred to in subsection (4) (c) or (d) is not registered under the Commonwealth Act.

(8) Despite subsection (5A), if a party is registered under the Commonwealth Act (a
"Commonwealth registered party" ), the Electoral Commissioner must not refuse to register the Commonwealth registered party, under this Act, or another party if the Commonwealth registered party has given its consent in writing to the registration, with the same logo as the Commonwealth registered party is registered under the Commonwealth Act by reason only of a ground set out in the following--

(a) subsection (5A)(a),

(b) subsection (5A)(b) or (c), unless the registered party or party currently represented in Parliament referred to in subsection (5A)(c) or (d) is not registered under the Commonwealth Act.