File reference: Reg3264, 2004/1667-4
The delegate of the Australian Electoral Commission determined that the application by One Nation Western Australia for voluntary deregistration under the Commonwealth Electoral Act 1918 be accepted.
Section 135 of the Commonwealth Electoral Act 1918 (the Electoral Act) provides for registered political parties to apply for voluntary deregistration. On 15 June 2009, the Australian Electoral Commission (AEC) received an application from One Nation Western Australia (ONWA) for voluntary deregistration.
The legal provisions relevant for the application are sections 123, 134 and 135.
The reader should consult the extract above to see a copy of the legal provisions discussed below.
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 s.134. In the case of ONWA, a non-parliamentary party, an application may be made by three members.
The application for ONWA was made by Mr Craig Bradshaw (the Registered Officer), Mr Norman Bradshaw (the State Secretary) and Mr George Gault (the acting State President).
The AEC considers the three applicants are appropriate officers to make the application and is not aware of any controversy within ONWA which would indicate any further enquiries should be made.
Section 135(2) of the Electoral Act provides that an application for voluntary deregistration shall:
The application is in writing, is signed by the applicants and sets out the capacities in which each applicant makes the application. The application is on ONWA letterhead specifying a street address for the State Office of ONWA. Post office box addresses are not acceptable (by s.123 of the Electoral Act) in applications dealing with party registration. While each applicant does not specify a particular address for themselves, they are all office-bearers in ONWA and the application specifies the street address of the party. The AEC assessed that to be sufficient to meet the requirements of s.135(2).
The Australian Electoral Commission is satisfied that the application from ONWA for voluntary deregistration is in accordance with the requirements of the Electoral Act. Accordingly, as a delegate of the AEC pursuant to Part XI (Party Registration) of the Electoral Act, I approve the voluntary deregistration of One Nation Western Australia and remove the party from the Register of Political Parties.
Director Funding and Disclosure
Delegate of the Australian Electoral Commission
01 July 2009