Notice of registration of a political party – Outdoor Recreation Party (Stop The Greens)

File reference: Reg5163, 13/295

The delegate of the Australian Electoral Commission determined that the Outdoor Recreation Party (Stop The Greens) should be registered under Part XI of the Commonwealth Electoral Act 1918.

Background

Each application to enter a political party in the Register of Political Parties is assessed against the requirements in Part XI of the Commonwealth Electoral Act 1918 (Electoral Act).

On 9 April 2013, the Australian Electoral Commission (AEC) received an application from the ‘Outdoor Recreation Party (Stop The Greens)’ (the Party) to be registered as a political party under the provisions of Part XI of the Commonwealth Electoral Act 1918 (the Electoral Act). The Party proposed to record ‘Stop The Greens’ as its registered abbreviation.

The AEC conducted a series of tests usually undertaken as part of the initial consideration of an application. On 23 May 2013, a delegate of the AEC found that the Party's application complied with the eligibility requirements of the Electoral Act and approved the advertisement of the Party's application for public input. On 29 May 2013, the application was advertised on the AEC website and in 10 newspapers achieving coverage throughout Australia as required by s.132 of the Electoral Act.

Three people lodged objections against the proposed registration of the Party and the Party responded to the content of those objections on 30 June 2013.

Content of the objections

Section 132 of the Electoral Act provides one month from the date of advertisement for any person (or organisation) to submit written particulars of grounds for their belief that the application:

• does not relate to an eligible political party;
• is not in accordance with s.126 of the Electoral Act; or
• should be refused under s.129 of the Electoral Act.

Eligibility of a political party is determined by the definition of 'political party' in s.4 of the Electoral Act and the definition of 'eligible political party' in s.123 of the Electoral Act.

Robert Brown

The first objection asserted that the proposed abbreviation, Stop The Greens, uses an already registered abbreviation and simply adds one word before it. The registered abbreviation of the Australian Greens and its registered branches is ‘The Greens’. The objector states ‘it will inevitably be confused or mistaken by a voter or voters for that recognised party’ – The Greens. The objector asserts ‘The application should be rejected because the party’s name and abbreviated name is prohibited by the Act’.

Scott Ryan

The second objection made similar assertions. It states that ‘Stop The Greens contains the name of another political party [The Greens] and differs by only one word’, meaning that a small proportion of voters will mistake the two or be confused between the two. The objector claims that the proposed name and abbreviation are in breach of s.129(1)(d) of the Electoral Act.

In addition, this objector asserts that the phrase ‘Stop The Greens’ implies a connection or relationship to ‘The Greens’, even though the word ‘Stop’ intends that to be a negative relationship. The implied relationship means the name and abbreviation is unacceptable under s.129(1)(da) of the Electoral Act.

Australian Greens

The third objection was made by Brett Constable (National Manager of the Australian Greens) and Andrew Bartlett (Registered Officer of the Australian Greens). This objection is also based on the proposed name and abbreviation breaching ss.129(1)(d) and (da) of the Electoral Act.

This objection asserts that the use of ‘The Greens’ as part of the proposed name and abbreviation of the Party should be refused because:

• the use of the term ‘The Greens’ is the same as our registered abbreviation and is likely to cause voter confusion and possible mistakes; and
• the use of our registered [abbreviation], in full, as part of the applicant’s name suggests a relationship or connection exists. In addition, the similarity of the proposed name to other names we have registered could be easily confused by voters in a hurry, with low literacy levels or English as a second language. Such a relationship should not be allowed to be suggested by the use of our registered [abbreviation] in their party name.

Reply to the objections by the Party

The Party’s reply critiqued the objections, pointing out that none of the claims made were supported by evidence, and asserted that ‘decisions by the Administrative Appeals Tribunal, reviewing AEC decisions on party names, have established that if party names are visually and aurally distinguishable the proposed name should not be refused’. The reply contends that ‘Stop The Greens’ is clearly distinguishable from ‘The Greens’ by the addition of the word ‘stop’ which is in common use to indicate obstruction or opposition.

Section 129

Section 129 of the Electoral Act contains provisions under which certain names (including abbreviations) are not to be registered:

• (1) The Commission shall refuse an application for the registration of a political party if, in its opinion, the name of the party or the abbreviation of its name that it wishes to be able to use for the purposes of this Act (if any):
  • (a) comprises more than 6 words;
  • (b) is obscene;
  • (c) is the name, or is 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;
  • (d) 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; or
    (da) 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; or
  • (e) comprises the words “Independent Party” or comprises or contains the word “Independent” and:
    • (i) the name, or an abbreviation or acronym of the name, of a recognised political party; or
    • (ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a recognised political party that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym, as the case may be.
• (2) In this section:
  recognised political party means a political party that is:
  • (a) a Parliamentary party; or
  • (b) a registered party; or
  • (c) registered or recognised for the purposes of the law of a State or a Territory relating to elections and that has endorsed a candidate, under the party’s current name, in an election for the Parliament of the State or Assembly of the Territory in the previous 5 years.

The issues

In questions of party names needing to be considered under s.129(1)(d) or (da), the AEC is guided by:

• the 2001 AAT judgment that the AEC was in error in refusing an application for registration from the ‘liberals for forests’ because the name was too similar to the Liberal Party of Australia and its abbreviation ‘Liberal’. The AAT directed the AEC to register that party because the name was not prohibited by s.129 of the Electoral Act, - Re Woollard v the Australian Electoral Commission & Ors [2001] AATA 166; and
• the 2009 AAT judgment that the AEC was correct in registering the ‘Australian Fishing and Lifestyle Party’ against the objection of ‘The Fishing Party’ that the name was too similar and misleading. The AAT said the name was not likely to be confused or mistaken, - Re The Fishing Party v the AEC and the Australian Fishing and Lifestyle Party [2009] AATA 170.

The 2009 AAT judgment on The Fishing Party’s application for review of the decision to register the Australian Fishing and Lifestyle Party stated that:

• the words “and Lifestyle” are sufficient to aurally and visually distinguish the two parties as separate entities without risk of confusion or mistake, and would prevent a reasonable person from thinking there was any connection or relationship between the two parties.

Following the AAT’s decision in that matter, the delegate of the AEC considers that the phrase ‘Stop The Greens’ is aurally and visually distinguishable from ‘The Greens’ such that the proposed name and abbreviation are not required to be refused by the AEC under s.129 of the Electoral Act.

Conclusion

The delegate of the AEC registered the Party as set out below.

Notice under section 133(1A)(a)

On 5 July 2013, as delegate of the Australian Electoral Commission for the purposes of Part XI of the Commonwealth Electoral Act 1918, I entered the following party in the Register of Political Parties.

Name of party:

Outdoor Recreation Party (Stop The Greens)

Abbreviation of name:

Stop The Greens

Registered Officer:

David Leyonhjelm
134 Lyons Road
Drummoyne NSW 2047

Does party seek election funding:

yes

Sue Sayer

Delegate of the Australian Electoral Commission