Electoral Act 1992

The commissioner must cancel the registration of a registered party if the secretary of the party asks the commissioner to cancel the registration.

A request under subsection (1) must—

be in writing; and

be signed by the applicant; and

state the applicant’s name and address.

The commissioner must cancel the registration of a registered party if it has not endorsed a candidate at the last 2 general elections.

However, subsection (3) applies to a registered party only if it was a registered party at the time of each of the general elections.

The commissioner must cancel the registration of a registered party if the commissioner believes on reasonable grounds that—

for a registered party—

the party has ceased to exist (whether by amalgamation with another political party or otherwise); or

the party does not have at least 100 members who are electors; or

the party does not have a constitution; or

the registration of the party was obtained by fraud or misrepresentation.

The commissioner may cancel the registration of a registered party under subsection (5) only if the commissioner has—

given the relevant person a written notice—

stating that the commissioner proposes to cancel the registration of the party; and

setting out the reasons for the proposed cancellation; and

stating that written objections to the proposed cancellation may be given to the commissioner within the 14 days mentioned in paragraph (b); and

prepared, and notified under the Legislation Act 2001, a written notice stating—

that the commissioner proposes to cancel the registration of the party; and

that written objections to the proposed cancellation may be given to the commissioner within 14 days after the day the notice is notified under the Legislation Act 2001; and

considered each objection given to the commissioner in accordance with the notice under paragraph (a) or (b).

For subsection (6) (a), the relevant person is the secretary, or last secretary, of the registered party.

The notice under subsection (6) (b) is a notifiable instrument.

If the commissioner cancels the registration of a registered party under this section, the commissioner must prepare written notice of the cancellation.

The notice under subsection (9) is a notifiable instrument.

If the commissioner cancels the registration of a registered party under subsection (3), the commissioner must also give written notice of the cancellation to the registered officer of the party.

If the commissioner cancels the registration of a registered party under subsection (5), the commissioner must give an internal review notice about the decision to cancel the registration to the registered officer, or last registered officer, of the party.

If, after an objection has been made under this section to the proposed cancellation of the registration of a registered party, the commissioner decides not to cancel the registration, the commissioner must give written notice of the decision to—

the registered officer of the party; and

if the objection was not made by or on behalf of the party or sponsoring MLA—the objector.