Deregistration

The Act provides for the review by the AEC of parties’ registration, and for deregistration of those parties who do not meet registration requirements or who no longer wish to be registered.

It is in parties’ interests to maintain up-to-date membership and other records to confirm that they continue to be eligible political parties.

Voluntary Deregistration – section 135

A registered political party may apply to the AEC to be de-registered. It will be de-registered and its details removed from the public register if:

• The application to deregister is in writing and signed by;
• Parliamentary party – the secretary, or all of the members of the Commonwealth Parliament who are members of the party;
• Non-Parliamentary party – three members of the party;

• The application gives the names and addresses of the applicants, and details of the capacity in which they are making the application (i.e. secretary, Parliamentary member, ordinary member).

Where a party has been voluntarily deregistered, that party, or any other party with a name that is likely to be confused with it, is ineligible for registration until after the next general election.

Deregistration for Failure to Endorse Candidates etc. – section 136

A registered political party will become liable to deregistration if:

• It is a non-Parliamentary party which has not endorsed a candidate in an election for four years;

• It was a Parliamentary party but no longer has any sitting members and does not have 500 or more members who are eligible to enrol on the Commonwealth electoral roll (i.e. is not a non-Parliamentary party).

In the circumstances where the AEC is satisfied that the party is liable to deregistration, it will deregister the party, advise the registered officer of this, and publish the deregistration in the Gazette:

• While the section does not require the AEC to invite the party to show cause why it should not be deregistered, it may do this (e.g. to determine whether the party has 500 or more members);

Where a party has been deregistered, that party, or any other party with a name that is likely to be confused with it, is ineligible for registration until after the next general election.

Objection of Continued use of Name

Section 134A deals with the situation where two related parties were registered with similar names, and are no longer related:

• The registered officer of the first registered party may object to the continued use of the name by the later registered party;

• If the AEC is satisfied that the parties are no longer related and that the names are similar, it will give the second party the opportunity to change its name;

Failure to change the name to one that is satisfactory will result in deregistration;

The new name will be subject to public consultation before it is entered into the public register. The $500 fee to change the name applies.

Deregistration on Other Grounds – section 137

The AEC will deregister a party where it is satisfied on reasonable grounds that:

• It has ceased to exist;

• A non-Parliamentary party no longer has at least 500 members who are entitled to enrolment on the Commonwealth electoral roll;

• Registration was gained as a result of fraud or misrepresentation;

• An objection to the party name has been upheld and the name has not been changed to a satisfactory name;

• The registered officer has not complied with a notice issued for purposes of a review of the register.

The AEC must give written notice to the registered officer that it is considering deregistering the party, and the reasons for this. It must also publish its intention to deregister the party in the Gazette.

The registered officer, or 10 members of the party, have one month to respond with reasons why the party should not be deregistered:

• The response must include the names and addresses of each of the 10 members, and confirm that they are each members of the party;

• If the party does not respond, the AEC will deregister the party and advertise this in the Gazette;

• If the party does respond, the AEC will consider that response;

• If it accepts the response, it will advise the registered officer of this in writing;

If it rejects the response, it will deregister the party, provide reasons for the decision to the registered officer and advertise the deregistration in the Gazette.