Party registration decision: Pauline's United Australia Party

Updated: 4 February 2011

Voluntary deregistration

File reference: Reg3607, 07/1038-2

The delegate of the Australian Electoral Commission (AEC) determined that the application by Pauline's United Australia Party for voluntary deregistration under s135 of the Commonwealth Electoral Act 1918 be accepted.

Background

Section 135 of the Commonwealth Electoral Act 1918 (the Electoral Act) provides for registered political parties to apply for voluntary deregistration.

On 17 February 2010, the Australian Electoral Commission (AEC) received an application from Pauline's United Australia Party for voluntary deregistration. The application did not provide the address of each applicant which is one of the requirements of s135 of the Electoral Act. The address of each applicant was provided in separate correspondence sent by Ms Hanson on 15 March 2010.

Test of relevant legal provisions

The legal provisions relevant for the application are sections 123, 134 and 135. An extract of the relevant provisions is on this website at:

http://www.aec.gov.au/Parties_and_Representatives/Party_Registration/files/decisions/cea_extracts_party_reg.pdf.

The reader should consult this extract at the link above to see a copy of the legal provisions discussed below.

Who may make the application

Section 135(1) of the Electoral Act provides that an application for voluntary de-registration may be made by persons entitled to make an application to change the Register of Political Parties under s134. In the case of the Pauline's United Australia Party, a non-parliamentary party, an application may be made by three members.

The application from Pauline's United Australia Party was made by Ms Pauline Hanson (the Registered Officer), Ms Bronwyn Dorothy Boag (Party Agent) and Mr Kelvin Boag (member of Pauline's United Australia). All three are recorded with the AEC as being members of the Party.

The form of the application

Section 135(2) of the Electoral Act provides that an application for voluntary deregistration shall:

  • be in writing, signed by the applicants; and
  • set out the names and addresses of the applicants and the particulars of the capacity in which each applicant makes the application.

The application is in writing, is signed by the applicants and sets out the capacities in which each applicant makes the application. On 15 March 2010 Ms Hanson in an annex to the application for voluntary deregistration, submitted the address details of each applicant. The annex to the application from PUA contained street addresses for the members making the application. Post office box addresses are not permitted (under s123 of the Electoral Act) in applications dealing with party registration.

Conclusion

The Australian Electoral Commission is satisfied that the application from Pauline's United Australia Party for voluntary deregistration is in accordance with the requirements of s135 of the Electoral Act. Accordingly, as a delegate of the AEC pursuant to Part XI (Party Registration) of the Electoral Act, I accepted the application for voluntary deregistration from Pauline's United Australia Party and removed the Party from the Register of Political Parties.

Sue Sayer
Director Funding and Disclosure
Delegate of the Australian Electoral Commission

17 March 2010