Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section:
"decision" has the same meaning as it has in the Administrative Review Tribunal Act 2024 .
"Electoral Commission" does not include a delegate of the Electoral Commission.
"person" includes a political party.
"reviewable decision" means a decision of the Electoral Commission, or of a delegate of the Electoral Commission:
(a) to register a political party under this Part; or
(b) to refuse an application for the registration of a political party under this Part; or
(ba) to enter a logo of a political party in the Register; or
(bb) to refuse to enter a logo of a political party in the Register; or
(c) to grant an application under subsection 134(1); or
(ca) to uphold an objection under subsection 134A(1); or
(cb) to refuse to uphold an objection under subsection 134A(1); or
(d) to refuse an application under subsection 134(1); or
(e) to deregister a political party under subsection 137(6).
(2) Where a delegate of the Electoral Commission makes a reviewable decision, a person affected by the decision who is dissatisfied with the decision may, within the period of 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Commission (either before or after the expiration of that period) allows, make a written application to the Commission for the review of the decision by the Commission, specifying in the application an address of the applicant.
(3) There shall be set out in the application under subsection (2) the reasons for making the application.
(4) Upon the receipt of an application under subsection (2) for the review of a reviewable decision, the Electoral Commission shall review that decision and shall make a decision:
(a) affirming the decision under review;
(b) varying the decision under review; or
(c) setting aside the decision under review and making a decision in substitution for the decision so set aside.
(5) Application may be made to the Administrative Review Tribunal for review of a reviewable decision made by the Electoral Commission or a decision under subsection (2) or (4).
(6) For the purposes of a review referred to in subsection (5), the Administrative Review Tribunal is to be constituted by 3 members, at least one of whom is a Judge of the Federal Court of Australia.
(7) Where the Electoral Commission makes a decision under subsection (4), it shall give written notice of that decision to:
(a) the person, or each person, to whom written notice of the reviewable decision to which the decision of the Commission relates was given under this Part; and
(b) the person who made the application for the review of that reviewable decision.
(8) Where a delegate of the Electoral Commission makes a reviewable decision, a written notice of the decision given to a person or persons under this Part shall include a statement to the effect that:
(a) a person affected by the decision may, if dissatisfied with the decision, seek a review of the decision by the Commission in accordance with subsection (2); and
(b) a person whose interests are affected by the decision may, subject to the Administrative Review Tribunal Act 2024 , if dissatisfied with a decision made by the Commission upon that review make application to the Administrative Review Tribunal for review of the decision made by the Commission.
(9) Where the Electoral Commission makes a reviewable decision or a decision under subsection (2) or (4), a written notice of the decision given to a person or persons under this Part shall include a statement to the effect that a person whose interests are affected by the decision may, subject to the Administrative Review Tribunal Act 2024 , if dissatisfied with the decision, make an application to the Administrative Review Tribunal for review of the decision.
(10) Any failure to comply with the requirement of subsection (8) or (9) in relation to a decision does not affect the validity of the decision.