Party registered before commencement day with earlier registered word in name or abbreviation
242 Party registered before commencement day with earlier registered word in name or abbreviation
The Electoral Commissioner must review the registered name, and registered abbreviation, of each registered political party that was a registered political party immediately before commencement day to determine whether the registered name, or registered abbreviation, contains an earlier registered word.
If the Electoral Commissioner determines under subsection (1) that the registered name, or registered abbreviation, of a registered political party (the relevant party) contains an earlier registered word, the Electoral Commissioner must give the relevant party’s secretary a written notice —
setting out the determination and the reasons for the determination; and
stating the name of the earliest registered party in relation to the earlier registered word; and
explaining the effect of subsections (3) to (5) and section 244.
The relevant party’s secretary may, within 10 business days beginning on the day on which the notice is given under subsection (2) (the response period), lodge with the Electoral Commissioner —
the written consent of the secretary of the party named in the notice under subsection (2)(b) to the use of the earlier registered word by the relevant party in its registered name or registered abbreviation; or
an application, in the approved form and signed by the relevant party’s secretary, to amend the register of political parties by doing either or both of the following —
changing the registered name of the relevant party to a name set out in the application that does not contain the earlier registered word;
changing the registered abbreviation of the relevant party to an abbreviation or acronym set out in the application that does not contain the earlier registered word.
Note for this subsection:
Section 244 applies if the secretary does not lodge written consent in accordance with paragraph (a), or an application in accordance with paragraph (b), within the response period.
If written consent is lodged in accordance with subsection (3)(a) within the response period, the Electoral Commissioner is not required to take any further action under this Subdivision in relation to the relevant party.
If an application to amend the register of political parties is lodged in accordance with subsection (3)(b) within the response period, the application must be dealt with under the process that applies under section 243.
[Section 242 inserted: No. 46 of 2024 s. 5.]
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