Document ID: chunk:federal_register_of_legislation:C2008C00455:clause:3_3:p1
Version: federal_register_of_legislation:C2008C00455
Segment Type: clause
Provision Reference: sch 3 cl 3 (pt 1/2)
Character Range: 68880–71453

3  Political parties that are not deregistered

(1) A political party is not deregistered by force of item 2 if, during the 41st Commonwealth Parliament, but before this item commences:
 (a) the party is a Parliamentary party; and
 (b) the Electoral Commission has determined that the party is an eligible political party for the purposes of section 138A of the Commonwealth Electoral Act 1918.

(2) A political party is not deregistered by force of item 2 if, during the 41st Commonwealth Parliament:
 (a) the party is a Parliamentary party; and
 (b) the Electoral Commission notifies the party of the requirement to provide information for the purposes of section 138A of the Commonwealth Electoral Act 1918, which the party provides within 3 months of the date of the notification; and
 (c) within 6 months of this item commencing, the Electoral Commission has determined that the party is an eligible political party for the purposes of that section.

(3) A political party is not deregistered by force of item 2 if:
 (a) within 3 months of this item commencing, the party claims, in accordance with subitem (4), that the party should not be deregistered; and
 (b) within 6 months of this item commencing, the Electoral Commission is satisfied that either:
 (i) a member of the party was a candidate for the party at an election and was elected at that time as a member of the Commonwealth Parliament; or
 (ii) a member of a related party was a candidate for the related party at an election and was elected at that time as a member of the Commonwealth Parliament.

(4) A claim under this item must:
 (a) be made by the person who is the registered officer of the political party; and
 (b) name the member of the party, or the member of a related party, on whom the party relies for the claim; and
 (c) state the period during which the member was a member of the Commonwealth Parliament; and
 (d) be accompanied by documentary evidence that is necessary and sufficient to establish, or a declaration signed by the member:
 (i) that the member was a candidate for the party, or a related party, at an election; and
 (ii) that the member was elected at that time as a member of the Commonwealth Parliament; and
 (iii) if the party relies for the claim on a member of a related party—that the related party was, at that time, related to the party by whom the claim is made; and
 (e) if subparagraph (d)(iii) applies—be signed by the party secretaries of the party and the related party.

(5) A person who was elected as a member of the Commonwealth Parliament must not be