Skip to contentInformation for people with disabilityInformation on accessibility
Australian Electoral Commission
Application by Pauline Hanson's One Nation (NSW Division) to change its registered party name and party abbreviation
Change registered party name to: One Nation Australia – disapproved.
Change registered Party Abbreviation to: O.N.A. – disapproved.
Reg1645-04/1997
21 June 2005
The Commission's reasons for arriving at these decisions were as follows.
Legislation: Part XI of the Commonwealth Electoral Act 1918 (the Act)
On 18 November 2004, the Australian Electoral Commission (AEC) received an application from the registered political party Pauline Hanson's One Nation (NSW Division) to change its name being its registered name to "One Nation Australia" and its registered abbreviation to "O.N.A.".
The application was correctly made in accordance with section 134 of the Act by three members of the party, one of whom was the Secretary, setting out the proposed name and abbreviation of the party. As required by the Act, the names and addresses of the applicants were set out in the application which was accompanied by a $500 application fee.
Following the process prescribed in section 132, the application was advertised by notice on Wednesday 15 December 2004 in the Government Notices Gazette and in a total of ten major newspapers circulating in each State and Territory. This notice included an invitation to those who believed the application did not conform to the requirements of the Act to lodge formal objections within the statutory deadline of one month, that is, by 15 January 2005.
The AEC received a total of six formal objections.
In accordance with subsection 132(5) on 19 January 2005 the Registered Officer of the applicant party, Mr Jim Cassidy, was sent copies of the objections and invited to submit a reply to the matters raised. In his reply, received by the AEC on 11 February 2005, Mr Cassidy expressed the view that the concerns raised were of an internal party nature and did not in any way breach the Act.
However, processing of this application was then suspended, as required by section 127, from the issuance of the writ on 14 February for the Werriwa by-election until the return of the writ on 6 April.
The party registration provisions are contained in Part XI of the Act. A copy of this Part of the Act is at Attachment A.
The grounds cited in the six objections received were considered and the Commission's reasons for its decisions follow.
Confusion with the Name of Unrelated Recognised and Registered Parties
Prohibitions on the registration of party names and abbreviations are contained in section 129. It states, in part, that an application shall be refused where the name or the abbreviation of the party:
"(c) is the name, or is the abbreviation or acronym of the name, of another political party (not being a political party that is related to the party to which the application relates) that is a recognised political party;
(d) so nearly resembles the name, or an abbreviation or acronym of the name, of another political party (not being a political party that is related to the party to which the application relates) that is a recognised political party that it is likely to be confused with or mistaken for that name or that abbreviation or acronym, as the case may be;"
Subsection 129(2) defines a recognised party as one that is:
"(a) a Parliamentary party; or
(b) a registered party; or
(c) registered or recognised for the purposes of the law of a State or a Territory relating to elections and that has endorsed a candidate, under the party's current name, in an election for the Parliament of the State or Assembly of the Territory in the previous 5 years."
The proposed name and abbreviation of the party have been checked against the federal Register of Political Parties as well as those of all State and Territory Electoral Commissions. There are two federally registered parties and five State registered parties that include the words "One Nation" in their name. All but one are "related" for the purposes of the Act, to the applicant party. The Act specifically contemplates related political parties sharing the same name or having similar names.
The unrelated party is One Nation NSW Political Party (abbreviation One Nation) which was registered with the New South Wales State Electoral Office on 22 February 2002. This party is not related to any other party bearing the name One Nation.
The applicant party, Pauline Hanson's One Nation (NSW Division), was federally registered on 9 June 2004. This party is related to the original registered One Nation party, that is, the parent party, Pauline Hanson's One Nation, which was federally registered on 27 June 1997, and voluntarily deregistered on 8 February 2005.
The Act's recognition of "recognised party" for the purposes of section 129 commenced on 26 October 2000. No equivalent provision exists in the New South Wales electoral legislation. The evolution of the legislation has resulted in a situation where there are concurrent registrations, albeit involving two different registers, the federal Register and the NSW Register, of unrelated parties with the words "One Nation" in their names and abbreviations. Accepting this fact of registration history, the question arises whether to allow the change of registered name, while the words "One Nation" are retained, would potentially cause confusion with the unrelated NSW State registration so as to offend section 129(d) of the Act.
But the applicant party is registered federally and may only by virtue of that registration endorse candidates on federal election ballot papers. The One Nation NSW Political Party is registered in the state of New South Wales and is only entitled thereby to endorse candidates in State and local government elections. In other words, candidates from these two parties cannot be endorsed to appear on the same ballot paper. This clearly reduces the potential for confusion of the parties' names under section 129, although a known name, even if not on the ballot paper, may be present in the mind of the voter who sees a similar name that is on the paper. However, as will appear, it became unnecessary for the Commission to reach a final decision under section 129(d), the position under section 129(da) being clear.
Confusion that it is the Governing Body of the Broader Party
This objection raises the question whether section 129(da) applies. Under that provision, the Commission is obliged to refuse an application where "the name of the party or the abbreviation of its name … is one that a reasonable person would think suggests that a connection or relationship exists between the party and a registered party if that connection or relationship does not in fact exist".
The Commission considers it is plain that a reasonable person would think the name and abbreviation sought to be used do each suggest the registered party in question is the head, national or parent body of the various State parties or branches related to it that are registered parties. That connection or relationship does not in fact exist, although all but the one party already mentioned bearing the "One Nation" title are related. The information supplied to the Commission is clear on this point, and the contrary is not suggested.
It is unnecessary to consider other objections since section 129 requires the Commission to refuse an application where it makes a finding to the effect that one of the paragraphs of section 129 applies.
On 21 June 2005, the Australian Electoral Commission determined that the application to change the registered party name and registered party abbreviation referred to above under section 134 should be refused; that written notice that it has so determined be given under section 134 (7); and that the applicant be given written notice of the reasons for its decision, which are the foregoing.
JCS Burchett
Chairman
Andy Becker
Electoral Commissioner
Dennis Trewin
Commissioner
The AEC acknowledges the Traditional Owners of country throughout Australia and recognises their continuing connection to land, waters, culture and community. We pay our respects to Elders past, present and emerging.