Approval of application from Communist Alliance to change its name to 'The Communists'

Updated: 21 December 2011

File reference: 08/1203-3, Reg4298

On 24 August 2011, a delegate of the Australian Electoral Commission determined that the application by the Communist Alliance to change its registered name under the Commonwealth Electoral Act 1918 should be accepted and The Communists be entered in the Register of Political Parties.

Background

On 27 June 2011, the AEC received an application from the Communist Alliance to change its registered name under the provisions of Part XI of the Commonwealth Electoral Act 1918(the Electoral Act). The new name sought was 'The Communists'.

The AEC conducted a series of tests usually undertaken as part of the initial consideration of an application and on 13 July 2011, the delegate of the AEC approved the advertisement of the Communist Alliance application.

Relevant legal provisions

The legal provisions relevant for an application to change the Register of Political Parties are in s.4 and Part XI of the Electoral Act. An extract of the relevant provisions is available on the AEC website. The reader should consult this extract [PDF 63KB] at the link provided to understand the legal provisions being applied in the tests below.

Application of relevant legal provisions

Application

The application satisfies the requirements in s.134 of the Electoral Act, in that it was in writing, signed by three members of the party, stated the applicants' capacities and their street addresses and included the prescribed $500 application fee. The application meets all the technical elements required for an application to change a registered party's name.

Party name

The name 'The Communists' does not appear to be a name prohibited under s.129(1) of the Electoral Act. It is not similar to any other registered or recognised political party name and does not breach any other provisions of the Electoral Act.

The application passes the names test.

Objections

The Communist Alliance application to change the party name was advertised in the Commonwealth Gazette and newspapers circulating generally in each State and Territory on 20 July 2011 to permit interested persons or organisations to lodge an objection. No objections were received.

Conclusion

The application by the Communist Alliance was approved and the party's name changed to The Communists in the Register of Political Parties.

24 August 2011

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