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Australian Electoral Commission
File reference: Reg3401, 05/967-3
The delegate of the Australian Electoral Commission determined that the application by the Northern Territory Country Liberal Party to change its registered name and abbreviation under the Commonwealth Electoral Act 1918, should be accepted and the registered name 'Country Liberals (Northern Territory) and abbreviation 'Country Liberals (NT)' be entered in the Register of Political Parties.
On 20 July 2009, the Australian Electoral Commission (the AEC) received an application from the Northern Territory Country Liberal Party (the NTCLP) to change its registered name and abbreviation under the provisions of Part XI of the Commonwealth Electoral Act 1918 (the Electoral Act). The new name sought was Country Liberals (Northern Territory) and the new abbreviation was Country Liberals (NT).
The AEC conducted a series of tests usually undertaken as part of the initial consideration of an application and on 26 August 2009, the delegate of the AEC approved the advertisement of the NTCLP application.
The legal provisions relevant for an application to change the Register of Political Parties are in s4 and Part XI of the Electoral Act. An extract of the relevant provisions is available on the AEC website. The reader should consult this extract at the link provided to understand the legal provisions being applied in the tests below.
The application satisfied the requirements in s134 of the Electoral Act, in that it was in writing signed by the secretary of the party, gave the applicant's capacity and street address and was accompanied by the prescribed $500 application fee. It contained all the technical elements required for an application to change a registered party's name and abbreviation.
The application passes this test.
Relevantly, s129(1)(d) of the Electoral Act requires the AEC to refuse an application to change the name or abbreviation of a party if the name or abbreviation sought:
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.
A recognised political party is defined in s129(2) as a parliamentary party, a registered party or a party that is registered under State or Territory legislation and has endorsed a candidate in the previous five years in an election in that State or Territory.
The word "Liberal" is used in the names and/or abbreviations of a variety of registered political parties. Recent AAT cases that considered s129 and similar names make the point that it is the similarity of the whole name or abbreviation that must be considered and not the comparison of similar individual words used as part of a name. The proposed name "Country Liberals (Northern Territory)" and abbreviation "Country Liberals (NT)" identify the party as a Northern Territory party and link it to the well-known history of the NTCLP. On that basis, the proposed name is much the same as the current registered name and is obviously different from that of the Liberal Party of Australia or its branches. On the same basis it is unlikely to be confused with the Liberal Democratic Party.
The AEC does not consider s129(1)(d) prohibits the proposed name or abbreviation.
This paragraph of the Electoral Act was inserted following the AAT decision in the "liberals for forests" matter. It prohibits a name that:
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.
If a reasonable person were to think that the proposed name or abbreviation suggest a connection or relationship with the Liberal Party of Australia, that would not prohibit this application. The NTCLP does have a connection and relationship with the Liberal Party of Australia. Its elected members of the House of Representatives traditionally sit with the parliamentary Liberal Party as its elected Senators traditionally sit with the National Party. For example, Senator Scullion is currently the Deputy Leader of the National Party in the Senate, having been elected as an endorsed NTCLP candidate.
The application passes the names test.
The NTCLP application was advertised in the Commonwealth Gazette and newspapers circulating generally in each State and Territory on 2 September 2009 to permit interested persons or organisations to lodge an objection. No objection to the NTCLP's application has been received.
The application by the Northern Territory Country Liberal Party to change its registered name to "Country Liberals (Northern Territory)" and registered abbreviation to "Country Liberals (NT)" is approved and the changes are made to the Register of Political Parties.
Sue Sayer
Director Funding and Disclosure
Delegate of the Australian Electoral Commission
14 October 2009
The AEC acknowledges the Traditional Owners of country throughout Australia and recognises their continuing connection to land, waters, culture and community. We pay our respects to Elders past, present and emerging.