File reference: Reg4926, 12/182-2
On 14 March 2013, a delegate of the Australian Electoral Commission determined that the application by The First Nations Political Party to change its registered name under the Commonwealth Electoral Act 1918 should be accepted and be amended to the Australian First Nations Political Party in the Register of Political Parties.
On 24 January 2013, the AEC received an application from The First Nations Political Party (the Party) 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 ‘Australian First Nations Political Party’.
The AEC conducted a series of tests usually undertaken as part of the initial consideration of an application and on 30 January 2013, the delegate of the AEC approved the advertisement of the Party’s application.
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. The reader should consult this extract to understand the legal provisions being applied in the tests below.
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.
The name the ‘Australian First Nations Political Party’ 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.
The Party’s application to change the party name was advertised in the Commonwealth Gazette and newspapers circulating generally in each State and Territory on 6 February 2013 to permit interested persons or organisations to lodge an objection. No objections were received.
The application by the Party was approved and the Party’s name changed in the Register of Political Parties.
14 March 2013