Party registration decision: What Women Want (Australia)

Updated: 4 February 2011

Deregistration of What Women Want (Australia)

File reference: Reg3619 08/774-2

The delegate of the Australian Electoral Commission (AEC) determined that What Women Want (Australia) should be deregistered under section 137(4) of the Commonwealth Electoral Act 1918 (Electoral Act).

Background

Section 138A(1) of the Commonwealth Electoral Act 1918 (Electoral Act) confers upon the AEC the power to review the eligibility of registered political parties to remain on the Federal Register. Section 138A(3) provides that the AEC may conduct such a review by giving written notice to the registered officer of a political party requesting specified information on the party's eligibility to remain registered under Part XI of the Electoral Act. Section 138A(4) of the Electoral Act provides that the information specified in the notice must be provided within the time provided in the notice.

Test of relevant legal provisions

The legal provisions relevant for the deregistration are section 138A and section 137. An extract of the relevant provisions is on this website at:
http://www.aec.gov.au/Parties_and_Representatives/Party_Registration/files/decisions/cea_extracts_party_reg.pdf

The reader should consult this extract at the link above to see a copy of the legal provisions discussed below.

On 19 August 2009 the AEC issued What Women Want (Australia) with a Notice of Review of its eligibility to remain on the register. What Women Want (Australia) failed to respond to the Notice and was issued with a Notice of Intention to Deregister under s137 of the Electoral Act accordingly. The Notice of Intention to Deregister provided one month for the party to 'show cause' as to why it should not be deregistered. The deadline for response to the Notice of Intention to Deregister was 2 March 2010.

Section 137(4) of the Electoral Act provides that where no response is received to a Notice of Intention to Deregister issued under s137(1)(d), the AEC shall deregister the party. What Women Want (Australia) provided only a partial response to the Notice of Intention to Deregister.

Conclusion

What Women Want (Australia) did not fully respond to the notice issued to it under s138A(3) of the Electoral Act and did not respond to the Notice of Intention to Deregister issued by the AEC under s137(1)(d). Accordingly, What Women Want (Australia) has been deregistered under section 137(4) and removed from the Federal Register of Political Parties.

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

30 March 2010