Consideration of Application

How Long will it Take?

Parties should allow about 12 weeks for their application to be considered by the AEC:

• This period may be shorter in the case of a well-presented application, which is readily verified, and gives rise to few points of clarification;

• It may be longer where information as required by the Act or outlined in this handbook is not provided, verification (e.g. of party membership details) proves difficult, the public consultation process gives rise to contentious issues (e.g. with respect to the party name) or an election period intervenes.

This processing period includes a mandatory one month period for public consultation.

Initial Consideration

Section 131 deals with the initial consideration and possible variation of the application.

It allows the AEC to review an application prior to the public consultation process:

• Where the AEC sees potential problems with an application, it is able to provide an opportunity for the applicant to vary the application;

• The applicant may change the application, or it may elect to proceed with the application as originally presented.

Public Consultation

The AEC must advertise (in the Gazette and in newspapers) each application for registration that it receives, by publishing details of the information provided in the application and certain attachments.

In doing so, it must invite public response, within one month, on whether:

• The applicant is an eligible political party as defined in section 123 of the Act;

• The application meets the procedural requirements of section 126 of the Act;

• The proposed party name and abbreviation is acceptable under section 129 of the Act.

The application is available for public inspection during this time:

• Membership lists and membership forms are not publicly available for privacy reasons;

• Copies of submissions received in response to the advertisements are provided to the registered officer of the applicant party, who is invited to respond;

• Information received by the AEC in response to the advertisements, and the party’s response, is available for public inspection at its National Office in Canberra.

Consideration

The AEC will consider the application and the outcome of the public consultation process against the statutory requirements for registration.

The registration decision is based upon the legal requirements for registration being satisfied. The AEC does not have discretion to consider any broader merits of an application, or of an objection. It is guided by legal advice as necessary.

Registration can be granted only where the AEC is satisfied that the registration pre-requisites are satisfied:

• The AEC will undertake checks of some of the 500 members of a non-Parliamentary party to confirm their membership. The party should tell those members on whom it is relying for compliance with the ‘500 rule’ that they may be contacted by the AEC;

• The AEC will undertake checks to ensure that the ‘no overlap’ rule is satisfied i.e. that members are not relied upon for the registration of another party, and that they are entitled to enrolment;

• Checks of the bona fides of a Parliamentary member may also be undertaken.

If these initial checks are unsatisfactory or inconclusive, more detailed (and time consuming) checks may be undertaken. However, a statistically valid random sample of membership forms is taken to be indicative of the population of members.

Registration

The AEC will give written notice of registration (or refusal to register) to the party:

• It will advise those who responded to the public consultation process of the registration decision, and the reasons why their submissions were rejected;

• It will advise an unsuccessful applicant party of the reasons why its application was refused.

Registration is also published in the government Gazette. The decision to register, or to refuse to register a party is subject to review by the Administrative Appeals Tribunal.

An application for registration cannot be processed or considered during an election period (the period from the issue of the writ until the return of the writ for a Federal election or by-election).