Deregistration of person or entity as significant third party or associated entity if not required to be registered
287LA Deregistration of person or entity as significant third party or associated entity if not required to be registered
Electoral Commissioner may review Transparency Register
The Electoral Commissioner may review the Transparency Register to determine whether:
a person or entity registered as a significant third party under section 287L is required to be registered as a significant third party under section 287F; or
an entity registered as an associated entity under section 287L is required to be registered as an associated entity under section 287H.
The Electoral Commissioner may review the Transparency Register under subsection (1) at any time other than during the period that:
begins on the day a writ for a Senate election or House of Representatives election is issued; and
ends on the day the writ is returned.
Electoral Commissioner may request further information
For the purposes of reviewing the Transparency Register, the Electoral Commissioner may:
give a written notice to the financial controller of a person or entity that is registered as a significant third party under section 287L requesting specified information in relation to the requirements for the person or entity to be registered as a significant third party under section 287F; or
give a written notice to the financial controller of an entity that is registered as an associated entity under section 287L requesting specified information in relation to the requirements for the entity to be registered as an associated entity under section 287H.
The notice must specify a period within which the information must be provided. The period must not be longer than 30 days after the notice is given.
The financial controller must comply with the notice within the specified period. However, the Electoral Commissioner may extend that period.
If a financial controller fails to comply with a notice, an authorised officer can give them a notice under section 314AN (power of authorised officers to obtain information—compliance).
Deregistration
The Electoral Commissioner must deregister a person or entity as a significant third party if:
the person or entity is registered as a significant third party under section 287L and included on the Transparency Register; and
the Electoral Commissioner is satisfied, on reasonable grounds, that the person or entity is not required under section 287F to be registered as a significant third party.
The Electoral Commissioner must deregister an entity as an associated entity if:
the entity is registered as an associated entity under section 287L and included on the Transparency Register; and
the Electoral Commissioner is satisfied, on reasonable grounds, that the entity is not required under section 287H to be registered as an associated entity.
Notice of intended deregistration
Before deregistering a person or entity under subsection (6) or (7), the Electoral Commissioner must give the financial controller of the person or entity written notice of the Electoral Commissioner’s intention to deregister the person or entity.
Review of decisions
Section 141 (review of certain decisions) applies as if:
a decision under this section to deregister a person or entity as a significant third party, or as an associated entity, were a reviewable decision; and
references to a person included references to a significant third party or an associated entity.
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