Voluntary deregistration – The Australian Greens – Victoria

Updated: 4 February 2011

File reference: Reg3950, 08/956

The delegate of the Australian Electoral Commission (AEC) determined that the application by The Australian Greens – Victoria 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 27 October 2010, the Australian Electoral Commission (AEC) received an application from The Australian Greens - Victoria for voluntary deregistration.

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 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(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 Australian Greens – Victoria, a non-parliamentary party, an application may be made by three members.

The application from The Australian Greens – Victoria was made by Mr Timothy Long (Party Agent), Ms Hayley Conway (State co-secretary) and Mr Rohan Leppert (State co-secretary). All three are recorded with the AEC as being members of the Party and Mr Long is recorded as the Party agent.

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. Each applicant has submitted the party's address for themselves, which meets the requirements of s135(2).

Conclusion

The Australian Electoral Commission is satisfied that the application from The Australian Greens – Victoria 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 Australian Greens – Victoria and removed the Party from the Register of Political Parties.

Sue Sayer
Director Funding and Disclosure
Delegate of the Australian Electoral Commission
29 October 2010

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