Statement of Reasons: Nuclear Disarmament Party of Australia

Updated: 2 November 2012

Nuclear Disarmament Party of Australia Application for Voluntary Deregistration

File reference: Reg3465, 08/957

The delegate of the Australian Electoral Commission determined that the application by the Nuclear Disarmament Party of Australia for voluntary deregistration under the Commonwealth Electoral Act 1918 be accepted.

Background

Section 135 of the Commonwealth Electoral Act 1918 (the Electoral Act) provides for registered political parties to apply for voluntary deregistration. On 24 November 2009, the Australian Electoral Commission (AEC) received an application from the Nuclear Disarmament Party of Australia (NDP) for voluntary deregistration.

Test of relevant legal provisions

The legal provisions relevant for the application are sections 123, 134 and 135. An extract of the relevant provisions is on the AEC's website at:

http://www.aec.gov.au/pdf/party_reg/decisions/cea_extracts_party_reg.pdf.

The reader should consult this extract at the link above to see a copy of the legal provisions discussed below.

Who may make the application

Section 135(1) of the Electoral Act provides that an application for voluntary de-registration may be made by persons entitled to make an application to change the Register of Political Parties under s134. In the case of the NDP, a non-parliamentary party, an application may be made by three members.

The application for NDP was made by Dr Michael Denborough (the Registered Officer and Party Agent), Mrs Erica Denborough (the Party Secretary and Deputy Registered Officer) and Ms Kate Denborough (Member of the Victorian Branch of the NDP).

The form of the application

Section 135(2) of the Electoral Act provides that an application for voluntary deregistration shall:

  • be in writing, signed by the applicants; and
  • set out the names and addresses of the applicants and the particulars of the capacity in which each applicant makes the application.

The application is in writing, is signed by the applicants and sets out the capacities in which each applicant makes the application. The application is on NDP letterhead. Each applicant specifies a particular street address for themselves. Post office box addresses are not permitted (under s123 of the Electoral Act) in applications dealing with party registration.

Conclusion

The Australian Electoral Commission is satisfied that the application from the Nuclear Disarmament Party Australia for voluntary deregistration is in accordance with the requirements of the Electoral Act. Accordingly, as a delegate of the AEC pursuant to Part XI (Party Registration) of the Electoral Act, I approve the voluntary deregistration of NDP and remove the party from the Register of Political Parties.

Sue Sayer
Director Funding and Disclosure
Delegate of the Australian Electoral Commission

December 2009