Application for registration approved - Pirate Party Australia

File reference: Reg4857, 10/646-2

The delegate of the Australian Electoral Commission determined that the Pirate Party Australia should be registered under the Commonwealth Electoral Act 1918.

Background

A list of the tests applied to each application for party registration is available.

On 30 October 2012, the Australian Electoral Commission (the AEC) received an application from the Pirate Party Australia (the Party) to be registered as a political party under the provisions of the Commonwealth Electoral Act 1918 (the Electoral Act).

The AEC conducted a series of tests usually undertaken as part of the initial consideration of an application and, on 5 December 2012, the delegate of the AEC found no reason to refuse the Party's application and approved its advertisement for public input. The application was advertised in the Commonwealth Gazette and 10 newspapers achieving coverage throughout Australia on 12 December 2012, as required by s.132 of the Electoral Act. A period of one month was provided from that date for any person or organisation to lodge reasons why the Party should not be registered.

Consideration

One response to the advertisement was received by 14 January 2013, but it did not contain a ground that may be considered under the Electoral Act.

The only bases for objection that the AEC may consider under s.132 of the Electoral Act are that the application:

does not relate to an eligible political party;

is not in accordance with s.126 of the Act (that is that the application does not contain all the elements required under s.126); or

should be refused under s.129 of the Act (that is that the name or abbreviation sought for registration is prohibited under s.129).

The objector argued that the witness to a statutory declaration made by the Party secretary had inserted her workplace address on the statutory declaration, not her home address which, the objector argued, might have been required under recent unspecified changes in instructions to justices of the peace. Even if shown to be a breach of the instructions to justices of the peace, that ground is not one which the AEC could consider.

Conclusion

The delegate of the AEC registered the Pirate Party Australia.

15 January 2013