Document ID: chunk:federal_register_of_legislation:C2004A00347:clause:1_134a
Version: federal_register_of_legislation:C2004A00347
Segment Type: clause
Provision Reference: sch 1 cl 134A
Character Range: 18222–19672

134A  Objection to continued use of name

 (1)  If:
 (a) the Commission is satisfied that the name of a registered political party (the parent party) is the same as, or relevantly similar to, the name of another registered political party (the second party) that was registered under section 126 later than the parent party; and
 (b) the registered officer of the parent party objects in writing to the continued use of the name by the second party; and
 (c) the Commission is satisfied that the parties are not related at the time of the objection;
the Commission must:
 (d) uphold the objection; and
 (e) notify the registered officer of the second party, at the address specified in the Register, that the second party will be deregistered under section 137 if:
 (i) it does not make an application under section 134 for a change of name within 1 month of the date of the notice; or
 (ii)  it makes such an application, but the application is refused.

 (2) For the purposes of paragraph (1)(a), the name of a party is relevantly similar to the name of another party if, in the opinion of the Commission, the name so nearly resembles the name of the other party that it is likely to be confused with or mistaken for that name.

 (3) In this section:

name, in relation to a registered political party, means:
 (a) the name of the party that is entered in the Register; or
 (b) the abbreviation, entered in the Register, of the name of the party.