Electoral Act 1907

For the purposes of this section and section 239(2), a request under section 237(3)(b) to vary an ongoing application complies with the relevant name requirements if the ongoing application, as varied in accordance with the request, would not be required to be refused under section 62J(6).

If a request to vary an ongoing application is lodged in accordance with section 237(3)(b) within the response period referred to in section 237(3), the Electoral Commissioner must —

consider the request; and

determine whether or not the request complies with the relevant name requirements.

If the Electoral Commissioner determines under subsection (2)(b) that the request complies with the relevant name requirements —

the ongoing application is varied as set out in the request; and

the varied ongoing application must be dealt with under Part IIIA as if it were a new application for registration of a political party made under section 62E, subject to subsections (4) to (7) of this section.

Nothing in subsection (3)(b) requires any information set out in the ongoing application under section 62E(4)(d) (relevant information), or any document accompanying the ongoing application under section 62E(4)(da) or (e) (a relevant document), to be submitted again following a variation under subsection (3)(a).

If the application name is varied under subsection (3)(a), any reference in relevant information or a relevant document to the application name as it was stated in the ongoing application before it was varied may, if it is necessary and appropriate to do so for the purposes of dealing with the varied ongoing application under subsection (3)(b), be treated as if it were a reference to the application name as varied.

If the application abbreviation is varied under subsection (3)(a), any reference in relevant information or a relevant document to the application abbreviation as it was set out in the ongoing application before it was varied may, if it is necessary and appropriate to do so for the purposes of dealing with the varied ongoing application under subsection (3)(b), be treated as if it were a reference to the application abbreviation as varied.

For the purposes of subsection (3)(b), the provisions of Part IIIA are modified as follows —

sections 62E(5) and 62HA apply as if the varied ongoing application were received when the ongoing application was originally received;

section 62F does not apply to the varied ongoing application;

section 62G(3)(b) applies as if the reference to the period of one month after the day of publication of the Gazette notice were a reference to the period of 5 business days beginning on the day of publication of the Gazette notice;

section 62G(6)(b) applies as if the reference to such reasonable period as is specified in the notice were a reference to the period of 3 business days beginning on the day on which the notice is given.