Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Definitions
In this Schedule:
Electoral Commission has the meaning given by subsection 4(1) of the Commonwealth Electoral Act 1918 .
Parliamentary party has the meaning given by subsection 123(1) of the Commonwealth Electoral Act 1918 .
political party has the meaning given by subsection 4(1) of the Commonwealth Electoral Act 1918 .
related party has the meaning given by subsection 123(2) of the Commonwealth Electoral Act 1918 .
registered officer has the meaning given by section 4C of the Commonwealth Electoral Act 1918 .
Register of Political Parties means the Register established under section 125 of the Commonwealth Electoral Act 1918 .
2 Deregistration of certain political parties
(1) A political party that is registered under Part XI of the Commonwealth Electoral Act 1918 at the time this item commences is deregistered by force of this item, 6 months after that time, unless the party is covered by subitem 3(1), (2) or (3).
(2) The Electoral Commission must notify a political party in writing if the party is deregistered by force of this item.
3 Political parties that are not deregistered
(1) A political party is not deregistered by force of item 2 if, during the 41st Commonwealth Parliament, but before this item commences:
(a) the party is a Parliamentary party; and
(b) the Electoral Commission has determined that the party is an eligible political party for the purposes of section 138A of the Commonwealth Electoral Act 1918 .
(2) A political party is not deregistered by force of item 2 if, during the 41st Commonwealth Parliament:
(a) the party is a Parliamentary party; and
(b) the Electoral Commission notifies the party of the requirement to provide information for the purposes of section 138A of the Commonwealth Electoral Act 1918 , which the party provides within 3 months of the date of the notification; and
(c) within 6 months of this item commencing, the Electoral Commission has determined that the party is an eligible political party for the purposes of that section.
(3) A political party is not deregistered by force of item 2 if:
(a) within 3 months of this item commencing, the party claims, in accordance with subitem (4), that the party should not be deregistered; and
(b) within 6 months of this item commencing, the Electoral Commission is satisfied that either:
(i) a member of the party was a candidate for the party at an election and was elected at that time as a member of the Commonwealth Parliament; or
(ii) a member of a related party was a candidate for the related party at an election and was elected at that time as a member of the Commonwealth Parliament.
(4) A claim under this item must:
(a) be made by the person who is the registered officer of the political party; and
(b) name the member of the party, or the member of a related party, on whom the party relies for the claim; and
(c) state the period during which the member was a member of the Commonwealth Parliament; and
(d) be accompanied by documentary evidence that is necessary and sufficient to establish, or a declaration signed by the member:
(i) that the member was a candidate for the party, or a related party, at an election; and
(ii) that the member was elected at that time as a member of the Commonwealth Parliament; and
(iii) if the party relies for the claim on a member of a related party--that the related party was, at that time, related to the party by whom the claim is made; and
(e) if subparagraph (d)(iii) applies--be signed by the party secretaries of the party and the related party.
(5) A person who was elected as a member of the Commonwealth Parliament must not be relied on by more than one political party for its claim, unless:
(a) at a time when the person was a member of a political party, the person was a candidate for the party at an election, and was elected at that time as a member of the Commonwealth Parliament; and
(b) at another time when the person was a member of another political party, the person was a candidate for the other party at another election, and was elected at that time as a member of the Commonwealth Parliament.
(6) If more than one political party relies on the same person for its claim in contravention of subitem (5), then:
(a) if at a time when the person was a member of one of the political parties, the person was a candidate for the party at an election, and was elected at that time as a member of the Commonwealth Parliament--that party may rely on the person; and
(b) otherwise--the party:
(i) that the Electoral Commission is satisfied is covered by subitem (2) or (3); and
(ii) that makes the earliest claim;
may rely on the person.
(7) Before determining a claim made under this item, the Electoral Commission may make any inquiries that it considers appropriate to ascertain facts in relation to the claim.
(8) A determination or decision by the Electoral Commission in respect of a claim made under this item is taken to be a reviewable decision for the purposes of section 141 of the Commonwealth Electoral Act 1918 .
4 Waiver of fee for re - registration
If, within 12 months of the day on which item 2 commences, a political party that is deregistered by force of that item makes an application to be registered under section 126 of the Commonwealth Electoral Act 1918 , the application need not be accompanied by a fee of $500 as required by paragraph 126(2)(g) of that Act.
5 Freezing the Register of Political Parties
During the period of 6 months commencing on the day on which this item commences:
(a) a political party must not be added to, or deleted from, the Register of Political Parties; and
(b) an entry on the Register must not be changed, other than to substitute a different name or address for the registered officer of a political party for the purposes of paragraph 134(1)(g) or subsection 134(1A) of the Commonwealth Electoral Act 1918 .
6 Election called during the year
Despite this Schedule, if the writ for an election is issued during the period of 12 months commencing on the day on which this item commences, then for the purposes of the election, the Register of Political Parties as in force at the time this item commences is taken to be the Register of Political Parties. However, that Register may be changed to substitute a different name or address for the registered officer of a political party for the purposes of paragraph 134(1)(g) or subsection 134(1A) of the Commonwealth Electoral Act 1918 .