(1) The Electoral
Commissioner may cancel the registration of a political party at the written
request of the secretary of the party.
(2) The Electoral
Commissioner must cancel the registration of a political party if the
Electoral Commissioner is satisfied on reasonable grounds that —
(a) the
party no longer exists; or
(b) the
party (not being a parliamentary party) is no longer an eligible political
party; or
(c) the
candidates at a conjoint election held after the registration of the party did
not include at least one candidate endorsed by the party; or
(d) the
registration was obtained by fraud or misrepresentation; or
(e) a
return required to be lodged under Part VI by the agent of that political
party has been outstanding for more than 12 months.
(2A) The Electoral
Commissioner must cancel the registration of a political party if the
secretary of the party fails to comply with section 62KA.
(3) If the Electoral
Commissioner proposes to cancel the registration of a political party, other
than because of subsection (2)(d), the Electoral Commissioner is to —
(a) give
written notice of the proposed cancellation to the secretary of the party at
the address shown in the register; and
(b) give
notice of the proposed cancellation in —
(i)
the Gazette ; and
(ii)
a newspaper circulating generally in the State;
and
(c)
include in the notice under paragraph (b) a statement that persons may, within
14 days after the Gazette notice is given, object to the Electoral
Commissioner in writing against the proposed cancellation.
(4) The Electoral
Commissioner is to consider any objection made under subsection (3) before
taking any further action in relation to the cancellation.
(5) If the Electoral
Commissioner decides to cancel the registration of a political party, the
Electoral Commissioner is to —
(a) give
notice of the cancellation and the reasons for it to the secretary of the
party; and
(b) give
notice of the cancellation in the Gazette ; and
(c)
cancel the information in, and remove the documents from, the register of
political parties relating to the political party; and
(d)
retain the documents.
(6) During the
election period in relation to an election, the Electoral Commissioner is not
to cancel the registration of a political party other than because of
subsection (2)(d).
[Section 62L inserted: No. 36 of 2000 s. 63;
amended: No. 20 of 2021 s. 40.]