Info
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) b . Deposit requirement (specify amount) f . Other
Comments: If the political party is not a parliamentary party (that is, it does not have a member of the party as a member in federal parliament), it must have at least 500 members who are entitled to enrollment on the Commonwealth Electoral roll.
Registration is not compulsory. A party can still participate in the electoral process, but does not qualify for the rights and entitlements that registration confers. If the party has not registered for the elections, the name of the party will not be put on the ballot paper, only the names of the candidates.
Commonwealth Electoral Act 1918 (amended in 2019)Section 126 (2):
Requirements for an application
(2) An application for the registration of an eligible political party shall be in writing, signed by the applicant or applicants and by the person who is to be the registered officer of the party, and shall:
(a) set out the name of the party; and
(b) if the party wishes to be able to use for the purposes of this Act an abbreviation of its name—set out that abbreviation; and
(ba) if the party wishes a logo of the party to be entered in the Register—set out a copy of a logo; and
(c) set out the name and address of the person who is to be the registered officer of the party for the purposes of this Act; and
(ca) include a list of the names of the 500 members of the party to be relied on for the purposes of registration; and
(d) state whether or not the party wishes to receive moneys under Division 3 of Part XX; and
(e) set out the name and address of the applicant or the names and addresses of the applicants and particulars of the capacity in which the applicant or each applicant makes the application; and
(f) be accompanied by a copy of the constitution of the party; and
(g) be accompanied by a fee of $500.
Be established on the basis of a written constitution; and have as one of its objects or activities to endorse candidates to contest elections for the House of Representatives or Senate.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Part XI, Section 123-130: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship j . Other
Comments: (Candidate must be enrolled or entitled to be enrolled.) Constitution Section 44 is held to prohibit dual citizens from standing for Parliament.
Qualifications for election to the House of Representatives and Senate remains the same; the candidate must be 18 years of age, an Australian Citizen and registered as an elector entitled to vote at a House of Representatives election or qualified to become an elector.
[Constitution]
34. Qualifications of members
Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as
follows:
(i) he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of
members of the House of Representatives, or a person qualified to become such elector, and must have been
for three years at the least a resident within the limits of the Commonwealth as existing at the time when he
is chosen;
(ii) he must be a subject of the Queen, either natural-born or for at least five years naturalized under a law of the
United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a
State.
44. Disqualification
Any person who:
(i) is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a
citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or
(ii) is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence
punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer; or
(iii) is an undischarged bankrupt or insolvent; or
(iv) holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of
any of the revenues of the Commonwealth: or
AUSTRALIA’S CONSTITUTION 14
(v) has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth
otherwise than as a member and in common with the other members of an incorporated company consisting
of more than twenty-five persons;
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.
Source: Constitution, Part III, Art.34 and 44: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/media/AC79BBA0B87A4906A6D71ACCEEF10535.ashx
Commonwealth Electoral Act 1918 (amended in 2019) Section 163: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1) d . In legislative elections (Chamber 2)
Comments:
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 169: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
The Australian Electoral Commission: https://www.aec.gov.au/Elections/candidates/overview.htm
The Australian Electoral Commission Candidates Handbook (2019): https://www.aec.gov.au/elections/candidates/files/candidates-handbook.pdf
Verified: 2024/09/09
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct
Comments: Registered political parties receive direct public funding at each election, which is unspecified and may be used to whatever the party wishes. The payment is based on the number of votes received in the election. Parties will receive payment only where their candidates win at least 4 % of the formal first preference votes in each electorate contested. They receive a fixed amount per vote, currently AUD 3.346. The current election funding rate and automatic payment amount are indexed every six months in accordance with section 321 of the Commonwealth Electoral Act 1918.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 296 and 297: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election
Comments: Parties will receive payment only where their candidates win at least 4% of the formal first preference vote in each electorate contested For Senate groups, it is sufficient if the group as a whole wins at least 4% of the votes.
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 296 and 297: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
The Australian Electoral Commission 'Funding, Disclosure and Political Parties'
https://www.aec.gov.au/Parties_and_Representatives/index.htm#handbooks
Verified: 2024/09/09
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Source: Commonwealth Electoral Act 1918 (amended in 2019) Section 304 and 305: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
Verified: 2024/09/09
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