Part 4A Registration of parties
66A Definitions and related provisions
(1) In this Part:address does not include a postal address that consists of a post office box number.
eligible party means (subject to subsection (2)) a party:
(a) that has at least 750 members, and(b) that is established on the basis of a written constitution (however expressed) that sets out the platform or objectives of the party.member of a party means a member of the party who is an elector.
Parliament means the Parliament of New South Wales.
secretary of a party means the person who holds the office (however expressed) the duties of which involve responsibility for the carrying out of the administration, and for the conduct of the correspondence, of the party.
(2) Two or more parties cannot rely on the same member for the purpose of qualifying or continuing to qualify as an eligible party. The following provisions apply accordingly:(a) a member who is relied on by 2 or more parties may nominate the party entitled to rely on the member, but if a party is not nominated after the Electoral Commissioner has (in accordance with the regulations) given the member an opportunity to do so, the member is not entitled to be relied on by any of those parties,(b) the members on whom a registered party relies may be changed at any time by an amendment of the Register of Parties,(c) the registration of a party is not to be cancelled because of this subsection unless the party is given an opportunity by the Electoral Commissioner (in accordance with the regulations) to change the members on whom it relies.
Subject to this Part, an eligible party may be registered under this Part for the purposes of this Act and the Election Funding and Disclosures Act 1981.
(1) The Electoral Commissioner is required to keep a register, to be called the Register of Parties, containing the names of the parties registered under this Part and other particulars or documents required by this Part.(2) The Register of Parties is to be kept in such form and manner as the Electoral Commissioner thinks fit.
66D Application for registration
(1) An application for the registration of a party may be made to the Electoral Commissioner (in the form and manner approved by the Electoral Commissioner) by the secretary of the party.(2) An application for the registration of a party must:(a) set out the name of the party, and(b) if the party wishes to be able to use an abbreviation of its name on ballot papers or electoral material—set out that abbreviation, and(c) set out the name and address of the natural person who is to be the registered officer of the party for the purposes of this Act, and(d) set out the name and address of a natural person (if any) who is to be a deputy registered officer of the party for the purposes of this Act, and(e) set out the address of the party headquarters in New South Wales, and(f) be accompanied by a copy of the constitution of the party, and(g) set out the names and addresses (as enrolled) of 750 electors who are members of the party and on whom the party relies for the purpose of qualifying as an eligible party, and(g1) be accompanied by declarations of membership of the party (in the form prescribed by the regulations) completed and signed by the members on whom the party relies for the purpose of qualifying as an eligible party, and(h) state whether or not the party wishes to be registered for the purposes of the Election Funding Act 1981, and(i) set out such other particulars (or be accompanied by such other documents) as are required by the regulations or the approved form of application.(2A) An application for the registration of a party may include an additional list of names and addresses of electors who are members of the party (and accompanying declarations) to supplement the required list of 750 electors who are members of the party in the event that the Electoral Commissioner determines that the party is not entitled to rely on any person named in the application as a member of the party.(3) An application for the registration of a party must be accompanied by a fee of $2,000.(4) On receipt of an application for the registration of a party, the Electoral Commissioner may carry out preliminary tests and inquiries (including any test or inquiry referred to in section 66G) to determine whether the party is an eligible party and the application is duly made.
66DA Notice of application for registration
(1) If, after carrying out any preliminary tests and inquiries with respect to an application for the registration of a party, the Electoral Commissioner is satisfied that the party may be an eligible party and the application may be duly made, 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 and addresses of 750 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.(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.
(1) If an application for the registration of an eligible party is duly made, the Electoral Commissioner must (subject to this Part) register the party by the insertion in the Register of Parties of the name of the party.(2) The particulars or documents with respect to a registered party that were set out in or accompanied the application for the registration of the party are to be included in or form part of the Register of Parties.
66F Party not to be registered during election
(1) A party may not be registered under this Part in the period commencing on the day of the issue of the writ in an election and ending on and including the day fixed for the taking of the poll in the election.(2) No action is to be taken during that period in relation to an application for registration.
66FA Entitlements resulting from party registration not available until first anniversary of registration
(1) A party that becomes registered under this Part is not a registered party until the first anniversary of its registration for the following purposes:(a) Division 6B of Part 5 (Party endorsement on ballot papers),(b) section 79 (Nomination of Assembly candidates) and section 81B (Nomination of Council candidates),(c) section 151G (Registration of electoral matter).(2) A party that becomes registered under this Part is not, until the first anniversary of its registration:(a) a registered party for the purposes of the Election Funding Act 1981, or(b) a party for the purposes of sections 60 and 61 of that Act.(3) This section extends to a party whose registration was previously cancelled under this Part.(4) If the registration of a party has been wrongfully delayed by any act or omission of the Electoral Commissioner, the Supreme Court or the Electoral Commissioner may, by order, backdate the registration of the party to the date on which the party should have been registered. Such an order cannot be made so as to backdate the registration of a party to a date during or before a previous period referred to in section 66F.(5) The Register of Parties cannot be amended to backdate the registration of a party, except as authorised by an order under subsection (4).
(1) The Electoral Commissioner may refuse to register a party if it is not an eligible party or if its application for registration has not been duly made under this Part.(2) Without limiting subsection (1), the Electoral Commissioner may refuse to register a party if the Electoral Commissioner believes on reasonable grounds that particulars set out in or documents accompanying the application are incomplete or not correct, but may, if the Electoral Commissioner thinks fit, register the party despite any such defect.(2A) The Electoral Commissioner:(a) may, before registering a party, require a written response from at least a specified percentage of all or any specified number of the members relied on for registration of the party confirming that they are in fact members of the party, and(b) may adopt any other test for verifying membership of the party that must be satisfied before the party is registered, and(c) may make other inquiries about the members of the party or the party for the purpose of determining whether the party is an eligible party and the application for its registration is duly made.The regulations may (but need not) sanction particular tests or inquiries for the purposes of this subsection.
(3) The Electoral Commissioner is to refuse to register a party if, in the opinion of the Electoral Commissioner, the name of the party or the abbreviation of the name (if any) as set out in the application for registration of the party:(a) comprises more than 6 words, or(b) is obscene or offensive, or(c) is the name, is an abbreviation or acronym of the name, or is a derivative of the name, of a registered party or a party currently represented in Parliament, or(d) so nearly resembles the name, or an abbreviation or acronym of the name, of a registered party or a party currently represented in Parliament that it is likely to be confused with or mistaken for that name or that abbreviation or acronym, 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 registered party or a party currently represented in Parliament, or(ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a registered party or a party currently represented in Parliament that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym.(3A) A reference in subsection (3) (c)–(e) to a registered party includes a reference to any party that was registered under this Part at any time during the previous 4 years, except where the application for registration is made with the approval of a person who was the last registered officer or deputy registered officer of that previously registered party.(4) If the Electoral Commissioner refuses to register a party:(a) the Electoral Commissioner must forthwith notify the applicant of the refusal and of the reasons for the refusal, and(b) the applicant may, within 30 days after the date of the notification by the Electoral Commissioner, amend the application for registration and the Electoral Commissioner may deal with the amended application.(5) Despite subsection (3), if a party is registered under the Commonwealth Act (the Commonwealth registered party), the Electoral Commissioner must not refuse to register under this Act:(a) the Commonwealth registered party, or(b) another party (if the Commonwealth registered party has given its consent in writing to the registration),under the same name or same abbreviation (or both) as the Commonwealth registered party is registered under the Commonwealth Act by reason only of a ground set out in the following:(c) subsection (3) (b),(d) subsection (3) (c) or (d), unless the registered party or party currently represented in Parliament referred to in subsection (3) (c) or (d) is not registered under the Commonwealth Act.
(1) An application may be made to the Electoral Commissioner (in the form and manner approved by the Electoral Commissioner) for the amendment of the particulars in the Register of Parties with respect to a registered party.(2) The application may be made:(a) by the registered officer of the party, or(b) if the application is to change the registered officer of the party—by the secretary of the party.(3) The provisions of this Part relating to an application for the registration of a party apply (subject to the regulations) to an application for the amendment of the Register of Parties. For that purpose, a reference in those provisions to an application for registration is taken to be a reference to an application for an amendment of the Register of Parties.(3AA) Section 66D (2) (g) and (g1) do not apply to an application for the amendment of the particulars in the Register of Parties.(3A) Section 66D (3) does not apply to an application for the amendment of the particulars in the Register of Parties. The regulations may prescribe a fee to accompany any such application.(3B) Section 66DA does not apply to an application for the amendment of the particulars in the Register of Parties if the Electoral Commissioner is of the opinion that the amendment is of a minor nature only and does not warrant publication of a notice under that section.(3C) Section 66FA does not apply to an application for the amendment of the particulars in the Register of Parties.(3D) An amendment of the particulars in the Register of Parties under this Part must not be made in the period commencing on the day of the issue of the writ for an election and ending on and including the day fixed for the return of the writ.(3E) No action is to be taken during that period in relation to an application for an amendment of the particulars in the Register of Parties.(4) If the application is approved, the Electoral Commissioner is to make the necessary changes in the Register of Parties.(5) A reference in this section to the amendment of the particulars included in the Register of Parties includes a reference to the replacement of documents forming part of the Register.
66HA Annual returns and other inquiries with respect to continued registration or applications for registration
(1) The registered officer of a party must, by 30 June each year, furnish to the Electoral Commissioner a return as to its continued eligibility for registration under this Part in the form prescribed by the regulations. The form so prescribed may require the return to be accompanied by specified documents.(2) A return is not required to be furnished under subsection (1) if the party has been registered for less than 6 months before the return is due to be furnished.(3) The Electoral Commissioner may at any time, by notice in writing, require:(a) an applicant for registration, or(b) the registered officer of a party,to provide such information as is specified in the notice for the purpose of dealing with the application or of determining whether the party is an eligible party.(4) If an applicant for registration fails to comply with a requirement made under this section, the Electoral Commissioner may decline to deal with the application.(5) If the registered officer of a party fails to comply with a requirement made under this section, the Electoral Commissioner may cancel the registration of the party.
66I Cancellation of registration
(1) The Electoral Commissioner may cancel the registration of a party at the written request of the registered officer of the party.(2) If the Electoral Commissioner is satisfied on reasonable grounds that:(a) a registered party has ceased to exist (whether by amalgamation with another party or otherwise), or(b) a registered party is no longer an eligible party, or(c) the candidates at a general election held after the registration of a party did not include at least one candidate endorsed by the party, or(d) the registration of a party was obtained by fraud or misrepresentation,the Electoral Commissioner may, subject to and in accordance with the regulations, cancel the registration of the party.(2A) Without limiting subsection (2), the Electoral Commissioner may, for the purpose of determining whether a registered party is still an eligible party:(a) carry out the tests and inquiries referred to in section 66G (2A), and(b) require any such test to be satisfied within a reasonable period determined by the Electoral Commissioner.(3) If the registration of a party is cancelled, the Electoral Commissioner must:(a) give notice of the cancellation and the reasons for the cancellation to the person who was the registered officer of the party immediately before the cancellation and cause notice of the cancellation to be published in the Gazette, and(b) remove from the Register of Parties the name and other particulars or documents relating to the party.
66J Public access to registers
(1) The Register of Parties kept under this Part must be available for public inspection during ordinary office hours.(2) Applications for registration or for the amendment of the particulars in the Register of Parties must also be made available for public inspection during ordinary office hours.
66JA Distribution of information to electors about registered parties
(1) The Electoral Commissioner is required to prepare, for each periodic Council election, a registered party information sheet for each registered party.(2) Any such information sheet is to contain the following information:(a) the name of the registered party,(b) the name and address of the registered officer of the party,(c) a statement (not exceeding 500 words) setting out the platform or objectives of the party provided by the registered officer of the party (but only if such a statement is provided within the time requested by the Electoral Commissioner).(3) The Electoral Commissioner is required to publish a copy of each such information sheet on the world wide web at least 1 month before the date on which the Legislative Assembly is due to expire or, if it is dissolved earlier, as soon as practicable after its dissolution.(4) The Electoral Commissioner is to make any such information sheet available for public inspection, at any reasonable time before the periodic Council election concerned is held, at the office of the Electoral Commissioner.(5) In complying with this section, the Electoral Commissioner:(a) may reduce the length of information supplied by a registered party officer if the Electoral Commissioner is satisfied that the information is longer than that permitted by this section, or(b) may omit information supplied by a registered party officer if the Electoral Commissioner is of the opinion that its publication might be unlawful or defamatory.
(1) A form that is prescribed or approved under this Part may require any information provided to be verified by statutory declaration.(2) The Electoral Commissioner may also require any information in an application or return under this Part, or any information provided pursuant to a requirement under this Part, to be verified by statutory declaration.(3) This section extends to verification of information provided by persons relied on as members of a party for the purposes of registration or continued registration.
A person who, in any application made under this Part, makes a statement that the person knows to be false or misleading is guilty of an offence.Maximum penalty: 100 penalty units.
A certificate signed by the Electoral Commissioner certifying:(a) that a specified party was or was not registered under this Part at a specified time or during a specified period, or(b) that a specified person was or was not the registered officer or a deputy registered officer of a specified party at a specified time or during a specified period,is admissible in any proceedings and is prima facie evidence of the matters so certified.
66N Transitional and other arrangements
(1) In this section:existing registered party means any party registered under this Part immediately before the commencement of the new registration requirements, and includes any party registered under this Part after that commencement and before the registration confirmation day in pursuance of an application for registration made before that commencement.
new registration requirements means the amendments to this Part made by Schedule 2 [1] and [2] to the Parliamentary Electorates and Elections Amendment Act 1999 relating to the membership requirements for the qualification of a party as an eligible party for the purposes of this Part.
registration confirmation day means 31 December next after the commencement of the new registration requirements.
(2) The new registration requirements do not, until the registration confirmation day, apply to an existing registered party.(3) An existing registered party is not entitled to continue to be registered, on and after the registration confirmation day, unless:(a) the registered officer of the party has made an application for continued registration of the party in accordance with this section, and(b) the Electoral Commissioner is satisfied that the party is an eligible party under the new registration requirements and approves the application.(4) An application for continued registration of an existing registered party is to be made to the Electoral Commissioner (in the form and manner approved by the Electoral Commissioner) and must:(a) set out the particulars, and be accompanied by the documents, that are referred to in section 66D (2) (g) and (g1) and such additional particulars and documents as are required by the approved form, and(b) be accompanied by a fee of $2,000.(5) Sections 66DA, 66E (2), 66HA (2) and (3), 66J (2) and 66K apply (subject to the regulations) to an application for continued registration under this section in the same way as they apply to an application for registration.(6) The Electoral Commissioner is to cancel the registration of an existing registered party that is not entitled to continue to be registered by virtue of this section. Section 66I (3) applies to any such cancellation of registration.(7) Before the Electoral Commissioner cancels the registration of any such existing party, the Electoral Commissioner is required to give the registered officer of the party notice of the proposed cancellation and the date of and reasons for the proposed cancellation. The Electoral Commissioner may accept a late application for continued registration made before that date and defer a decision on the proposed cancellation until the application is dealt with.(8) If an existing registered party has made an application for continued registration in accordance with this section before the registration confirmation day, but the application has not been determined by the Electoral Commissioner before that day, the party is entitled to continue to be registered until the application is determined.(9) Section 66FA does not apply to an existing registered party while it remains a registered party.(10) In the case of an existing registered party, a return is not required to be furnished under section 66HA (1) if the return would otherwise be required to be furnished in the year in which the registration confirmation day occurs or in the following year.(11) If a form is not prescribed by the regulations for the purposes of section 66D (2) (g1) or 66HA (1), the relevant form is to be a form approved by the Electoral Commissioner.(12) An amendment of this Part made by the Parliamentary Electorates and Elections Amendment Act 1999 does not apply to the determination of an application for registration of a party that is made before the commencement of the amendment but not determined before that commencement. The amendment applies to the application if it is not determined before the registration confirmation day, but the applicant is to be given an opportunity to amend the application before it is determined.(13) The power conferred on the Electoral Commissioner by section 66G (2A), or by any other provision made by the Parliamentary Electorates and Elections Amendment (Party Registration) Act 2002, is taken to have been conferred on and from the commencement of the new registration requirements, and anything done or omitted by the Electoral Commissioner before the commencement of the provision that would have been validly done or omitted if the provision had been in force when it was done or omitted is validated.(14) Without limiting subsection (13), the Electoral Commissioner was entitled (and continues to be entitled) to refuse to register (or to continue the registration of) a party until at least 75% of a sample of or of about 300 members relied on for registration or continued registration of the party (and chosen by the Electoral Commissioner) have replied to a letter from the Electoral Commissioner confirming that they are members of the party.(15) Despite anything to the contrary in this Part:(a) the initial registration of the party called Save Our Suburbs that was directed to be made by order of the Supreme Court on 30 August 2002 is not affected by any amendment to this Part made by the Parliamentary Electorates and Elections Amendment (Party Registration) Act 2002, and(b) that party is taken to have been registered on 1 March 2002, and(c) the Register of Parties may be amended accordingly.(16) Subsections (13) and (14) have effect in connection with an application for the registration or continued registration of a party even though proceedings are pending in a court on the commencement of those subsections in connection with that application or registration.