Voluntary Deregistration – Young National Party of Australia

Updated: 4 February 2011

File reference: Reg3761

The delegate of the Australian Electoral Commission (AEC) has determined that the application by the Young National Party of Australia 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 7 June 2010 the AEC received an application from the Secretary/Federal President of the Young Nationals for voluntary deregistration of the party.

Test of relevant legal provisions

The legal provisions relevant for the application are sections 134 and 135. An extract of the relevant provisions is on the AEC's website at:

http://www.aec.gov.au/Parties_and_Representatives/Party_Registration/files/decisions/cea_extracts_party_reg.pdf [PDF 63KB].

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 of the Electoral Act provides that an application for voluntary deregistration may be made by a person entitled to make a change to the federal register. Section 134(1)(a) provides that the secretary of a party may make an application to change the register.

The application for voluntary deregistration of the Young Nationals was made by Sarah Johnston and stated that she was entitled as the 'Federal President' of the Young Nationals, to make the application for voluntary deregistration.

Sarah Johnston is recorded with the AEC as the secretary of the Young Nationals so is entitled to make the application as per s134(1)(a).

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 applicant and sets out her name and address, as well as her capacity. Given that Sarah Johnston is listed with the AEC as the secretary of the Young Nationals, the fact that she has stated her capacity in the application as 'Federal President' should not render the application deficient. The address provided by Sarah Johnston in the application for voluntary deregistration is different from the address recorded with the AEC. However again, the party registration unit is of the opinion that this should not affect the validity of the application.

Conclusion

The Australian Electoral Commission is satisfied that the application from the Young Nationals 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 the Young Nationals and removed the Party from the Register of Political Parties.

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

June 2010

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