Notice of change to the Register of Political Parties

Overview

The Register of Political Parties Notice of Change to the Register of Political Parties, published in the Gazette on 16 November 2012, pertains to the Commonwealth Electoral Act 1918. This Act was enacted to establish and regulate the electoral processes in Australia, including the registration of political parties and their officers. The Notice addresses the administrative need to update the Register of Political Parties to reflect changes in the registered officers of two political parties, specifically One Nation and the South Australian Branch of the Australian Labor Party. This update was approved by Sue Sayer, the Director of Funding and Disclosure and a delegate of the Australian Electoral Commission, as part of her responsibilities under Part XI of the Act, which governs the registration and funding of political parties. The policy objective of the Act is to ensure transparency and accountability in political party funding and operations.

Scope and Application

The Register of Political Parties, as administered under the Commonwealth Electoral Act 1918, applies to all registered political parties in Australia, necessitating these entities to appoint and register officers as per the Act's requirements. This legislation mandates that political parties, including their respective branches such as the South Australian Branch of the Australian Labor Party, must submit details of their officers to the Australian Electoral Commission, ensuring transparency and accountability in political processes. The geographic reach of this Act is national, applying to all political parties across the Commonwealth of Australia. Exclusions and exemptions are limited to unregistered political entities and those not participating in federal elections. The Act’s scope can be further defined or extended through subordinate instruments, which may provide additional details or modify certain aspects of the registration process.

Key Provisions

The main operative sections of the legislation involve the notification and approval of changes to the Register of Political Parties. Section 137EA of the Commonwealth Electoral Act 1918 mandates that any changes to the registered officer of a political party must be submitted to the Australian Electoral Commission for approval. This includes applications to replace existing officers with new appointees. Section 137EB further requires that the application must be accompanied by the necessary documentation and details about the new officer, such as their full name and residential address. In compliance with these sections, the legislation imposes certain obligations on political parties. They must ensure that any changes to their registered officer are formally notified to the Australian Electoral Commission. The Commission, acting through a delegate, reviews the application and approves or rejects it based on the provided information and the requirements of the Act. The parties must also provide accurate and up-to-date details about the new registered officer to facilitate the Commission's assessment. Breaching the provisions of the Act can lead to various consequences. Under section 137GG, if a political party fails to notify or submit a valid application for a change in the registered officer, they may face legal repercussions. While the specific penalties are not outlined in the document, breaches of electoral laws generally attract penalties that can include fines and, in severe cases, disqualification from participating in elections. The severity of the penalty depends on the nature and extent of the breach, and the Commission has the authority to take appropriate action against non-compliant parties.