New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 66

66 Amendment of Register

(1) An application may be made to the Electoral Commissioner (in the form and manner approved by the Electoral Commissioner) for the amendment of the particulars in the Register of Parties with respect to a registered party.

(2) The application may be made--

(a) by the registered officer of the party, or

(b) if the application is to change the registered officer of the party and the registered officer is dead or is otherwise unavailable--by the deputy registered officer (or, if there is no deputy registered officer, the secretary of the party).

(3) The registered officer of a registered party must make an application under this section to amend the particulars in the Register of Parties within 21 days after--

(a) an amendment to the party's written constitution, or

(b) a decision by the party to change its registered officer, or

(c) a change in any of the following (unless the change comprises an amendment to the party's written constitution)--

(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 .

: Maximum penalty--10 penalty units.

(4) If a registered officer of a registered party is dead or is otherwise unavailable, the deputy registered officer of the party (or, if there is no deputy registered officer, the secretary of the party) must make an application under this section to amend the particulars in the Register of Parties as soon as is reasonably practicable after a decision by the party to change its registered officer.

: Maximum penalty--10 penalty units.

(5) A registered officer of a registered party is not guilty of an offence under subsection (3) if a deputy registered officer or secretary of the party makes the application under this section to amend the particulars in the Register of Parties concerned.

(6) The provisions of this Part, other than the following provisions, relating to an application for the registration of a party apply (subject to the regulations) to an application for the amendment of the Register of Parties--

(a) section 59 (2) (g), except in relation to an application that relates to an amendment to the party's written constitution,

(b) section 59 (2) (i) and (j),

(c) section 59 (4),

(d) section 60, but only if the Electoral Commissioner is of the opinion that the amendment is of a minor nature and does not warrant publication of a notice under that section,

(e) section 63.

For that purpose, a reference in those applied provisions to an application for registration is taken to be a reference to an application for an amendment of the Register of Parties.

(7) The regulations may prescribe a fee to accompany any such application.

(8) If the application is approved, the Electoral Commissioner is to make the necessary changes in the Register of Parties.

(9) Despite subsection (8), the Electoral Commissioner may refuse to change the Register of Parties during the period commencing on the day of the issue of the writ for an election and ending on and including the election day for the election.

(10) A reference in this section to the amendment of the particulars included in the Register of Parties includes a reference to the replacement of documents forming part of the Register.