Application for party registration refused - Seniors Action Movement of Australia

Updated: 26 November 2010

File reference: Reg3976, 10/416

Background

A list of the tests applied to each application for party registration is available.

On 12 November 2010, a delegate of the Australian Electoral Commission (AEC) refused an application from Seniors Action Movement of Australia (the Party) for registration as a political party under the provisions of Part XI of the Commonwealth Electoral Act 1918 (the Electoral Act).

The AEC received an application from the Party on 20 April 2010. On 21 June 2010, the AEC issued a notice under s131 of the Electoral Act advising the Party that too many people on the Party's membership list had denied being members of the party for the AEC to be satisfied that the Party had 500 members. The AEC also sought a clarification of the Party office that matched the definition of 'secretary' in the Electoral Act because the 'secretary' must be one of the people who sign an application for party registration.

The Party responded to the notice and provided additional party members along with a revised constitution on 1 July 2010. The revised constitution satisfied the requirement to identify the Party 'secretary'.

Details of the failed test

500 members

Section 123 of the Electoral Act requires a non-parliamentary party to have at least 500 members who are entitled to enrolment before the party is eligible for registration.

The AEC test of the increased membership list, indicated that 535 members on the list could be used to support the application by the Party. A random sample of 37 members was contacted, but 5 of those people denied being members of the Party. The 5 denials are too many for the AEC to be satisfied that the Party had 500 eligible members to support its application for party registration.

Conclusion

The AEC tested a random sample from both the original membership list and an improved membership list lodged by the Party, but in both cases too many members in the random sample denied being members of the Party.

The AEC could not be satisfied that the Party was eligible for registration as a political party under the Electoral Act and refused the Party's application for registration.