Commonwealth Consolidated Acts Commonwealth Consolidated ActsNames not to be registered
(1) The Electoral Commission shall refuse an application for the registration of a political party if, in its opinion, the name of the party or the abbreviation of its name that it wishes to be able to use for the purposes of this Act (if any):
(a) comprises more than 6 words;
(b) is obscene, frivolous or vexatious;
(c) is the name, or is an abbreviation or acronym of the name, of another political party (not being a political party that is related to the party to which the application relates) that is a recognised political party;
(d) so nearly resembles the name, or an abbreviation or acronym of the name, of another political party (not being a political party that is related to the party to which the application relates) that is a recognised political party that it is likely to be confused with or mistaken for that name or that abbreviation or acronym, as the case may be; or
(da) is one that a reasonable person would think suggests that a connection or relationship exists between the party and a registered party if that connection or relationship does not in fact exist; 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 recognised political party; or
(ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a recognised political party that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym, as the case may be.
(2) In this section:
"recognised political party" means a political party that is:
(a) a Parliamentary party; or
(b) a registered party; or
(c) registered or recognised for the purposes of the law of a State or a Territory relating to elections and that has endorsed a candidate, under the party's current name, in an election for the Parliament of the State or Assembly of the Territory in the previous 5 years.
Names to be registered only with consent
(3) The Electoral Commission must refuse an application for the registration of a political party if:
(a) either of the following apply:
(i) the applicant party's name contains a word that is in the name, or the abbreviation of the name, of a registered political party;
(ii) the proposed abbreviation of the applicant party's name contains a word that is in the name, or abbreviation of the name, of a registered political party; and
(b) the application is not accompanied by the written consent, to the use by the applicant party of the word in its name or abbreviation, of:
(i) if there is only one registered political party to which paragraph (a) applies--the registered political party's registered officer; or
(ii) otherwise--the registered officer of the first such political party to be registered.
(4) For the purposes of subparagraph (3)(b)(ii), if the registered political parties to which paragraph (3)(a) applies are a State branch, and the federal branch, of a federal party that were registered on the same day, the federal branch is taken to be the first of those political parties to be registered.
(5) Subsection (3) of this section, and subsections 129A(2) and 134A(1), do not apply to:
(a) a function word; or
(b) a collective noun for people; or
(c) the name of a country, the word "country", or a recognised geographical place in Australia; or
(d) the word "democratic".
(6) In applying subsection (3) or (5) of this section, or subsection 129A(2) or subparagraph 134A(1)(a)(iii), in relation to a word, other grammatical forms, and commonly accepted variants (including abbreviations, contractions and alternative forms), of the word are to be treated in the same way as the word.