Commonwealth of Australia Explanatory Memoranda

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COMMONWEALTH ELECTORAL AMENDMENT BILL (NO. 1) 2000

1998-1999-2000





THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA



HOUSE OF REPRESENTATIVES







COMMONWEALTH ELECTORAL AMENDMENT BILL (NO.1) 2000



SUPPLEMETARY EXPLANATORY MEMORANDUM



Amendment to be moved on behalf of the Government



(Circulated with the authority of the Special Minister of State,
Senator the Honourable Chris Ellison)

COMMONWEALTH ELECTORAL AMENDMENT BILL (NO.1) 2000

OUTLINE

The Bill contains measures which:

· require all political parties applying for registration from 3 October 2000 to prove that they have 500 members.

· provide that currently registered parliamentary parties retain their registration as long as they have a party member in Federal parliament.

· provide that currently registered parliamentary parties which are registered on the basis that they have a party member in a State or Territory legislature have a period of 6 months from 3 October 2000 in which to satisfy the Australian Electoral Commission that they have 500 members or be deregistered.


The amendments address Government, and broader public, concerns that the political party registration provisions of the Commonwealth Electoral Act 1918 could be open to exploitation where members of parliament use their parliamentary membership to register political parties for federal election purposes, even where these parties do not have a membership base.

FINANCIAL IMPACT STATEMENT

The Government anticipates that no additional funds will be expended as a result of the proposed amendments. However, any additional costs would be absorbed by the AEC.

NOTES ON CLAUSES

Clause 2 – Commencement

1. This clause provides that the Act will commence on the day on which it receives Royal Assent and that Schedule 2 is taken to have commenced on 3 October 2000.

Schedule 2 - Amendments - Registration of political parties

Commonwealth Electoral Act 1918

Item 1 – Definition of eligible political party

2. This clause amends the definition of eligible political party. In future, a party can only be an eligible political party if it has at least 500 members and was established on the basis of a written constitution that sets out the aims of the party. Accordingly, parties will not be able to apply for registration on the basis of having a party member who is a member of an Australian legislature.

Item 2 – Definition of parliamentary party

3. This clause amends the definition of parliamentary party. Previously a parliamentary party was one which had a party member who was a member of any Australian legislature. In future, a parliamentary party will be one which was registered as at 2 October 2000 and which then had and continues to have a party member who is a member of Federal parliament.

Item 3 – Application for registration of an eligible political party

4. This clause repeals subsection 126(1) and substitutes a new subsection 126(1). The new subsection provides that an application for registration is to be made by 10 members of the eligible political party, one of whom has to be the secretary of the party. This amendment is necessary as a result of the change to the definition of eligible political party.

Items 4-8 – Parties with certain names not to be registered

5. These items amend section 129 by adding a definition of recognised political party and amending relevant paragraphs of section 129 as a result of the inclusion of the definition. The amendment means that an application for registration of a political party will be refused if the proposed name of the party applying for registration is the name, abbreviation or acronym, or closely resembles the name, abbreviation or acronym, of an existing parliamentary party, registered party or certain parties which have stood candidates under their party name at State or Territory elections in the preceding 5 years. This amendment is necessary as a result of the change to the definition of parliamentary party and in order to preserve the current provision protecting the names of State/Territory “registered” political parties.

Item 9 – Changes to Register

6. This clause repeals paragraph 134(1)(a) and substitutes a new paragraph 134(1)(a). This amendment results from the amendment of the definition of parliamentary party and the amendment of section 126. It provides that an application to change the registration of a parliamentary party can only be made by either the party secretary or all the members of the parliamentary party who are currently members of Federal parliament.

Item 10 – Transitional – existing registered political parties

7. This clause provides that parties registered as at 2 October 2000 on the basis that they have a party member in a State or Territory legislature retain registration for 6 months from 3 October 2000.

Item 11 – Transitional – applications made before commencement

8. This clause provides that a party which has applied for registration, prior to 3 October 2000, on the basis that it has a party member in a State or Territory legislature and which is granted registration after 3 October 2000, retains that registration until 2 April 2001. Parties which applied for registration prior to 3 October 2000 will have their applications processed in accordance with the legislation as it stood at the time of application. Should registration be granted however, the parties must then meet the requirements of the legislation as amended by this Bill.

Item 12 – Transitional – provision of information to Electoral Commission

9. This clause provides that a party to which clause 10 or 11 applies will be deregistered if it has not satisfied the Electoral Commission, before 3 April 2001, that it has 500 members.

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