Western Australian Current Acts

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ELECTORAL ACT 1907 - SECT 62L

62L .         Cancellation of registration

        (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.]



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