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Australian Electoral Commission
File reference: Reg3612
The delegate of the Australian Electoral Commission (AEC) determined that The Fishing Party should be deregistered under section 137(4) of the Commonwealth Electoral Act 1918 (Electoral Act) for failing to respond to a Notice of Review issued under section 138A(3) of the Electoral Act. The purpose of the Notice of Review was to seek documents from the party to allow the AEC to assess the party's eligibility to remain on the Federal Register of Political Parties.
Section 138A(1) of the Commonwealth Electoral Act 1918 (Electoral Act) confers upon the AEC the power to review the eligibility of registered political parties to remain on the Federal Register. Section 138A(3) provides that the AEC may conduct such a review by giving written notice to the registered officer of a political party requesting specified information on the party's eligibility to remain registered under Part XI of the Electoral Act. Section 138A(4) of the Electoral Act provides that the information specified in the notice must be provided within the time provided in the notice.
The legal provisions relevant for the deregistration are section 138A and section 137. An extract of the relevant provisions is elsewhere on this website.
The reader should consult this extract at the link above to see a copy of the legal provisions discussed below.
The Funding and Disclosure Section commenced a review of the eligibility of non-Parliamentary parties to remain on the Register under the provisions of s138A of the Electoral Act on 20 August 2009. On 28 October 2009 the AEC issued the Fishing Party with a Notice of Review of its eligibility to remain on the register. The Fishing Party failed to respond to the Notice and was issued with a Notice of Intention to Deregister under s137 of the Electoral Act accordingly. The Notice of Intention to Deregister provided one month for the party to 'show cause' as to why it should not be deregistered. The deadline for response to the Notice of Intention to Deregister was 2 March 2010 and no response from The Fishing Party was received.
Section 137(4) provides that where no response is received to a Notice of Intention to Deregister issued under s137(1)(d), the AEC shall deregister the party.
The Fishing Party did not respond to the notice issued to it under s138A(3) of the Electoral Act and did not respond to the Notice of Intention to Deregister issued by the AEC under s137(1)(d). Accordingly, The Fishing Party under section 137(4) has been deregistered and removed from the Federal Register of Political Parties.
Sue Sayer
Director, Funding and Disclosure
Delegate of the Australian Electoral Commission
16 March 2010
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