Northern Territory Consolidated Acts

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ELECTORAL ACT 2004 - SECT 158

Refusal of application

    (1)     The Commission must refuse the application if:

        (a)     the person nominated in the application to be the registered officer of the party is not qualified to be an elector or is the registered officer of a registered party; or

        (b)     for a party to which section 152(4) applies – the Commission reasonably believes the party does not have at least 200 members who meet the requirements in section 152(4)(a).

    (2)     In addition, the Commission must refuse the application if the Commission reasonably believes the political party's name:

        (a)     consists of more than 6 words; or

        (b)     is obscene; or

        (c)     is the name or an acronym of the name of a registered party or parliamentary party; or

        (d)     so nearly resembles the name or an acronym of the name of registered party or parliamentary party it is likely to be confused with or mistaken for that name or acronym; or

        (e)     consists of the word "independent" or "independent party"; or

        (f)     would otherwise be likely to cause confusion if registered; or

        (g)     includes an MLA's name and the applicant does not have the MLA's written consent to use the name.

    (3)     If the Commission refuses the application, the Commission must:

        (a)     give the applicant an information notice for the decision to refuse the application; and

        (b)     if an objection was made under section 155 to the application – give the objector written notice of the refusal.

    (4)     In this section:

"parliamentary party" means a political party of which at least one member is a member of an Australian parliament.



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