Parliamentary Electorates and Elections (Amendment) Act 1991 (NSW)

PARLIAMENTARY ELECTORATES AND ELECTIONS

(AMENDMENT) ACT 1991 No. 14

NEW SOUTH WALES

TABLE OF PROVISIONS

1.      Short title

2. Commencement

3. Amendment of Parliamentary Electorates and Elections Act 1912 No. 41

PARLIAMENTARY ELECTORATES AND ELECTIONS

(AMENDMENT) ACT' 1991 No. 14

NEW SOUTH WALES

Act No. 14, 1991

An Act to amend the Parliamentary Electorates and Elections Act 1912 in relation to the registration of political parties. [Assented to 3 May 1991]

2   Act No. 14

Parliamentary Electorates and Elections (Amendment) 1991

The Legislature of New South Wales enacts:

Short title

1.        This Act may be cited as the Parliamentary Electorates and

Elections (Amendment) Act 1991.

Commencement

2. This Act commences on a day to be appointed by proclamation.

Amendment of Parliamentary Electorates and Elections Act 1912

No. 41

3. The Parliamentary Electorates and Elections Act 1912 is amended

by inserting after section 66D the following section:

Notice of application for registration

66DA. (1) On receipt of an application for the registration of a party, the Electoral Commissioner must cause a notice to be published in one or more newspapers circulating throughout New South Wales.

(2) The notice must state that the application has been received and

request that any objections to the application be lodged with the Electoral Commissioner within 14 days after the date of publication of the notice.

(3) The notice must set out the particulars that are required by

section 66D to be set out in the application and must state that the

application can be inspected at a specified address.

(4) However, subsection (3) does not require the following

particulars to be set out in the notice: the names, addresses and signatures of 200 electors, and any other particulars prescribed by the regulations for the purposes of this subsection. Nor does it require documents accompanying the application to be set out in or to accompany the notice.

(5) The Electoral Commissioner must consider all objections

received during the period of 14 days, for the purpose of determining:

(a) whether the party referred to in the application is an eligible

party; and

(b) whether the application was duly made; and

(c) whether the Electoral Commissioner should refuse to register the Party.

Parliamentary Electorates and Elections (Amendment) 1991

(6) This section does not limit the matters that the Electoral

Commissioner may take into consideration when determining the matters referred to in subsection (5).

(7) The Electoral Commissioner must not register the party until the

period of 14 days has expired and all the objections have been

considered.

(8) The decision of the Electoral Commissioner on any such

objection is final.

(9) This section extends to an amended application referred to in

section 66G (4), unless the Electoral Commissioner is of the opinion that the amendment is of a minor nature only and does not warrant publication of a further notice under this section.

(10) This section does not apply to applications received by the

Electoral Commissioner before the commencement of this section, nor does it affect the registration of any party effected before that commencement.

[Minister's second reading speech made in—

Legislative Assembly on 10 April 1991

Legislative Council on 17 April 1991]