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: 126
(1) An application for the registration of an eligible political party may be made to the Electoral Commission by:
(a) in the case of a Parliamentary party:
(i) the secretary of the party; or
(ii) the member, or all the members, of the Commonwealth Parliament who is a member, or who are members, of the party; or
(b) in the case of a political party other than a Parliamentary party—10 members of the party, of whom one is the secretary of the party.
However, where a member of a Parliamentary party:
(c) who is a member of the Commonwealth Parliament; and
(d) who has previously made an application for the registration of that Parliamentary party (the first party);
makes an application for the registration of another party, the Commission must not proceed with the application for the registration of that other party unless the Commission is satisfied that the member is no longer a member of the first party. If the Commission is so satisfied, the Commission must take any action required by section 136 immediately.
(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.
(123.
eligible political party means a political party that:
(a) either:
(i) is a Parliamentary party; or
(ii) has at least 500 members; and
(b) is established on the basis of a written constitution (however described) that sets out the aims of the party.)
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 123, 126: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/10
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
Comments: 163
(1) A person who:
(a) has reached the age of 18 years;
(b) is an Australian citizen; and
(c) is either:
(i) an elector entitled to vote at a House of Representatives election; or
(ii) a person qualified to become such an elector;
is qualified to be elected as a Senator or a member of the House of Representatives.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 163: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/10
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: 169A Notification of independent candidacy
(1) A candidate in an election may request that the word “Independent” be printed adjacent to the candidate’s name on the ballot papers for use in that election.
(2) A request under subsection (1) must be:
(a) in writing; and
(b) signed by the candidate; and
(c) given to the Electoral Commissioner with the nomination of the candidate.
(3) A candidate may not make requests under both this section and section 168.
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 169A: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/10
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct
Comments: 293(1) Election funding is payable in relation to a registered political party under this section for an election if either of the following applies:
(a) in respect of a candidate whom the party endorses in a House of Representatives election, or in a Senate election and who is not a member of a group—the total number of formal first preference votes given for the candidate is at least 4% of the total number of formal first preference votes cast in the election;
(b) in respect of candidates whom the party endorses in a Senate election and who are members of a group—the total number of formal first preference group votes given for the candidates is at least 4% of the total number of formal first preference votes cast in the election.
Note: A claim must be made for election funding of more than $10,000 to be paid (see section 297).
294
(1) Election funding is payable in relation to a candidate under this section if:
(a) the candidate is neither:
(i) endorsed by a registered political party; nor
(ii) in the case of a Senate election—a member of a group; and
(b) the total number of formal first preference votes given for the candidate in the election is at least 4% of the total number of formal first preference votes cast in the election.
Note: A claim must be made for election funding of more than $10,000 to be paid (see section 297).
295
(1) Election funding is payable in relation to a group in a Senate election under this section if:
(a) none of the group’s members is a candidate endorsed by a registered political party; and
(b) the total number of formal first preference group votes is at least 4% of the total number of formal first preference votes cast in the Senate election.
Note: A claim must be made for election funding of more than $10,000 to be paid (see section 297).
(Commonwealth Electoral Act 1918, section 293, 294, 295).
175LB. Election funding reimbursement amount, entitlement to
Subject to this Division, after an election the election funding reimbursement amount under section 175LC is payable for each eligible vote given for a candidate.
(Western Australia Electoral Act 1907, section 175LB).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 293, 294, 295: https://www.legislation.gov.au/Details/C2019C00103
Western Australia Electoral Act 1907, section 175LB: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html
Verified: 2019/08/02
PC015
Question: What is the basis of the public funding?
Answer(s):
a . Equal funding, regardless of size and previous performance b . Based on result of previous election e . Other
Comments: 292G
Election funding may be payable in relation to registered political parties, candidates and groups under this Division. The election funding is payable in relation to any candidate who received more than 4% of the total first preference votes cast in the election. Election funding of $10,000 (as indexed) is paid as soon as practicable after 20 days after the polling day for the election or elections. However, a claim must be made for election funding of more than that amount to be paid.
The amount of the election funding is worked out by reference to the number of formal first preference votes received by the candidate. However, for an amount of election funding that is more than $10,000 (as indexed), the amount is capped at the amount of actual expenditure incurred by the candidate or the registered political party endorsing the candidate.
(Commonwealth Electoral Act 1918, section 292G).
175LB. Election funding reimbursement amount, entitlement to
Subject to this Division, after an election the election funding reimbursement amount under section 175LC is payable for each eligible vote given for a candidate.
(Western Australia Electoral Act 1907, section 175LB).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 292G: https://www.legislation.gov.au/Details/C2019C00103
Western Australia Electoral Act 1907, section 175LB: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html
Verified: 2019/08/02
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: 302CA
(1) Despite any State or Territory electoral law, a person or entity may:
(a) give a gift to, or for the benefit of, a political entity, a political campaigner or a third party (a gift recipient); or
(b) if the person or entity is a gift recipient—receive or retain a gift; or
(c) on behalf of a gift recipient, receive or retain a gift;
if:
(d) this Division does not prohibit the giving, receiving or retaining of the gift; and
(e) the gift, or part of the gift, is required to be, or may be, used for the purposes of incurring electoral expenditure, or creating or communicating electoral matter, in accordance with subsection (2).
Source: Commonwealth Electoral Act 1918, as amended on 8 March 2019, section 302CA: https://www.legislation.gov.au/Details/C2019C00103
Verified: 2019/07/10
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