File reference: Reg3486, 08/1042
The delegate of the Australian Electoral Commission determined that the application by the National Party of Australia – N.S.W. to change its abbreviation under the Commonwealth Electoral Act 1918 should be accepted and The Nationals be entered in the Register of Political Parties.
On 24 September 2009, the AEC received an application from the National Party of Australia – N.S.W. to change its abbreviation under the provisions of Part XI of the Commonwealth Electoral Act 1918 (the Electoral Act). The new abbreviation sought was The Nationals.
The AEC conducted a series of tests usually undertaken as part of the initial consideration of an application and on 1 October 2009, the delegate of the AEC approved the advertisement of the National Party of Australia – N.S.W. 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 satisfies the requirements in s134 of the Electoral Act, in that it was in writing, signed by the secretary of the party, stated the applicants' capacity and his street addresses and included the prescribed $500 application fee. The application meets all the technical elements required for an application to change a registered party's name and abbreviation.
The application passes this test.
The abbreviation 'The Nationals' does not appear to be a name prohibited under s129(1) of the Electoral Act. It is not similar to any other registered political party abbreviation and does not breach any other provisions of the Electoral Act.
The application passes the names test.
The National Party of Australia – N.S.W. application was advertised in the Commonwealth Gazette and newspapers circulating generally in each State and Territory on 7 October 2009 to permit interested persons or organisations to lodge an objection. No objections were received.
The application by the National Party of Australia – N.S.W. was approved and the changes made to the Register of Political Parties.
Sue Sayer
Director Funding and Disclosure
Delegate of the Australian Electoral Commission
24 December 2009