File reference: Reg5279, 13/533
A delegate of the Australian Electoral Commission determined that the application by the Australian First Nations Political Party to change its registered name and abbreviation under the Commonwealth Electoral Act 1918 should be accepted.
On 18 June 2013, the AEC received an application from the Australian First Nations Political Party (the Party) to change its registered name under the provisions of Part XI of the Commonwealth Electoral Act 1918 (the Act). The new name sought was ‘Australia’s First Nations Political Party’ and the Party’s registered abbreviation was to be changed from ‘A.F.N.P.P.’ to ‘AFNPP’.
The AEC conducted a series of tests usually undertaken as part of the initial consideration of an application and on 24 June 2013, a delegate of the AEC approved the advertisement of the Party’s application.
The legal provisions relevant for an application to change the Register are in s.4 and Part XI of the Act. An extract of the relevant provisions is available. The reader should consult this extract to understand the legal provisions being applied in the tests below.
The application satisfies the requirements in s.134 of the Act, in that it was in writing, signed by three members of the party, stated the applicants’ capacities and their street addresses and included the prescribed $500 application fee. The application met all the technical elements required for an application to change a registered party’s name and abbreviation.
The name the ‘Australia’s First Nations Political Party’ does not appear to be a name prohibited under s.129(1) of the Act. It is not similar to any other registered or unrelated recognised political party name and does not breach any other provisions of the Act. The amendment to the Party’s registered abbreviation simply removed the periods in the acronym without materially changing it.
The application passes the names test.
On 3 July 2013, the Party’s application to change the party name was advertised on the AEC website and in newspapers circulating generally in each State and Territory to permit interested persons or organisations to lodge an objection. No objections were received.
The last date by which objections could be received was Monday 5 August 2013.
No objections were received, but writs for the 2013 federal election had been issued that day. The AEC was not permitted, under ss.143 and 127 of the Act, to take any action in regard to this application until after the return of the writs. The Party was advised on 4 August 2013 about the delay caused by the issue of the writs.
The final writ, for the election of Senators for the State of Western Australia, was returned to the State Governor on 6 November 2013.
The delegate of the AEC entered the information set out below in the Register.
Notice under section 134(6A)(a)
On 7 November 2013, as a delegate of the Australian Electoral Commission for the purposes of Part XI of the Commonwealth Electoral Act 1918, I amended the Register of Political Parties as set out below.
Previous Name of party: Australian First Nations Political Party
New Name of party: Australia’s First Nations Political Party
Previous Abbreviation of party name: A.F.N.P.P.
New abbreviation of party name: AFNPP
Delegate of the Australian Electoral Commission