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Australian Electoral Commission
File reference: Reg3616, 09/1038-2
The delegate of the Australian Electoral Commission (AEC) has determined that the application by Environmentalists for Nuclear Energy Australia Incorporated for voluntary deregistration under s135 of the Commonwealth Electoral Act 1918 be accepted.
Section 135 of the Commonwealth Electoral Act 1918 (the Electoral Act) provides for registered political parties to apply for voluntary deregistration.
On 23 October 2009 the Australian Electoral Commission (AEC) issued a Notice under s138A(3) of the Electoral Act to Environmentalists for Nuclear Energy Australia Incorporated informing the party that the AEC was conducting a review of its eligibility to remain on the Federal Register of Political Parties (Federal Register).
The Notice required that the party provide specified information to the AEC in order to establish its continuing eligibility to remain on the Federal Register.
Environmentalists for Nuclear Energy Australia Incorporated responded to the Notice of Review on 29 January 2010. The AEC conducted an analysis of the party constitution to ensure it:
The AEC also conducted membership testing according to its approved methodology at the time in order to establish whether the party had the required 500 members. The membership testing results returned by Environmentalists for Nuclear Energy Australia Incorporated were insufficient to demonstrate that it contained the requisite 500 members to maintain its federal registration. Accordingly, the AEC issued the party with a Notice of Intention to Deregister under the provisions of s137(1)(d) of the Electoral Act on 12 February 2010.
On 15 March 2010, the Australian Electoral Commission (AEC) received an application from Environmentalists for Nuclear Energy Australia Incorporated for voluntary deregistration. The application met all the requirements of s135 of the Electoral Act.
The legal provisions relevant for the application are sections 134 and 135. An extract of the relevant provisions is on this website at:
The reader should consult this extract at the link above to see a copy of the legal provisions discussed below.
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 Environmentalists for Nuclear Energy Australia Incorporated, a non-parliamentary party, an application must be made by three members.
The application from Environmentalists for Nuclear Energy Australia Incorporated was made by Richard Keith McNeill (the Registered Officer, Secretary and Party Agent), Mr Goronwy Price (Vice President) and Ms Christine Everett (Treasurer). All three are recorded with the AEC as being members of the Party at the time of registration.
I consider the three applicants are appropriate officers to make the application.
Section 135(2) of the Electoral Act provides that an application for voluntary deregistration shall:
The application is in writing, is signed by the applicants and sets out the capacities in which each applicant makes the application. Each applicant has also specified a particular street address for themselves.
The Australian Electoral Commission is satisfied that the application from Environmentalists for Nuclear Energy Australia Incorporated for voluntary deregistration is in accordance with the requirements of s135 of the Electoral Act. Accordingly, as a delegate of the AEC pursuant to Part XI (Party Registration) of the Electoral Act, I accepted the application for voluntary deregistration from Environmentalists for Nuclear Energy Australia Incorporated and removed the Party from the Register of Political Parties.
Sue Sayer
Director Funding and Disclosure
Delegate of the Australian Electoral Commission
1 April 2010
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