Commonwealth Electoral Act 1918

If an application is made under section 287MA to register an entity as the nominated entity of a registered political party, the Electoral Commissioner must register the entity accordingly if the application complies with subsection 287MA(2).

Despite subsection (1) of this section, the Commissioner must refuse to register the entity as the nominated entity of the party if the Commissioner is satisfied that:

the entity is not eligible to be so registered (see subsection 287MB(1)); or

the Electoral Commission would be required to refuse registration under subsection 129(1) (except paragraph 129(1)(a)) assuming that:

the entity were applying to be registered as a political party; and

a reference in subsection 129(1) to “the party” were a reference to the entity; and

both the registered political party (the applicant party) that made the application under section 287MA and any other political party related to the applicant party were related to the entity; or

the Electoral Commission would be required to refuse registration under subsection 129(3) (except subparagraph 129(3)(a)(ii)) assuming that:

the entity were applying to be registered as a political party; and

a reference in subsection 129(3) to “the applicant party” or “the applicant party’s” were a reference to the entity.

The Commissioner must make a decision under this section as soon as practicable after receiving the application.

The Commissioner must, as soon as practicable after making a decision under this section, give written notice of the decision to the party and the entity.

As soon as practicable after giving the notice, the Electoral Commissioner must cause a copy of the notice to be published on the Electoral Commission’s website.

Section 141 (review of certain decisions) applies in relation to a decision under this section to refuse to register an entity as the nominated entity of a registered political party as if:

the decision were a reviewable decision; and

a reference to a person included a reference to the party and the entity; and

a reference in subsections 141(2) and (8) to a delegate of the Electoral Commission were a reference to a delegate of the Electoral Commissioner; and

a reference in subsections 141(5) and (9) to the Electoral Commission included a reference to the Electoral Commissioner (but not a reference to a delegate of the Electoral Commissioner); and

a reference to a written notice given under Part XI in relation to a reviewable decision included a reference to a written notice given under this section in relation to a decision to refuse registration.