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Arguments For Rick Mitterbrand's Registration Of A New Political Party

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This paper will discuss the options that may be available for Rick Mitterbrand in relation to the registration of a new political party under the desired name, in which he is the President and registered officer, under the Commonwealth Electoral Act (“CEA”) and whether he can avoid investigation by ASIO.
Firstly, we will examine the requirements for registration of political parties under part XI of the CEA, the procedure for dealing with an application for registration when it is lodged with the Electoral Commission and the review of certain decisions under this part of the CEA. We will then consider judicial review from a statutory perspective and whether this option may be available to Mr Mitterbrand. We will also look at merits review …show more content…

An application for the registration of an eligible political party may be made to the Electoral Commission by, 10 members of the party, in the case of a political party, of whom one is the secretary of the party.
For the purposes of the CEA, an eligible political party, means a political party that has at least 500 members and is established on the basis of a written constitution that sets out the aims of the party. In relation to a political party, secretary means the person who holds the office and performs the duties which involve responsibility for the carrying out of the administration, and for the conduct of the correspondence, of the party.
Applications are required to be in writing, signed by the applicant or applicants and the registered officer of the party. The application must set out the name of the party, set out the name and address of the registered officer of the party. An application must include a list of the 500 names of the people who are members of the party which is to be relied on for purposes of registration. The application must state whether or the party wishes to receive funding under division 3 part XX and set out the name and address of the applicants and capacity in which they make the application. A copy of the constitution of the party must be provided along with the application fee of five hundred …show more content…

This provides that if an application for registration is lodged with the Electoral Commission and the Commission does not give notice under subsection 131(1), where the Electoral Commission is of the opinion that it is required to refuse the application, the Electoral Commissioner must publish a notice of the application in a newspaper that is in circulation generally in each State and Territory and on the Electoral Commission's website. The Electoral Commissioner may publish the notice in any other way the Electoral Commissioner considers

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