Page 970 - Week 04 - Tuesday, 19 April 1994
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MR HUMPHRIES (8.02): Madam Speaker, I move amendment e. circulated in my name, which reads:
e. Page 29, line 9, proposed new subsection 84(1), omit "The", substitute "For the purposes of this Part, the".
This is an amendment to proposed new section 84. The object of this is to clarify the question of the circumstances in which the commissioner may seek additional information relating to an application for registration. As the wording might appear to indicate, the commissioner has a discretion to require the applicant for registration of a political party to give certain information which is specified by the commissioner. If the applicant fails to supply that information the commissioner has the right to refuse the application.
The speculation that crossed my mind when I read that was whether the commissioner could demand information that was unreasonable. The occupations of party members, for example, would hardly seem to be reasonable but might be demanded by the commissioner. I believe, Madam Speaker, that the words I have suggested for inclusion - "For the purposes of this Part," - perhaps for no other reason than excessive caution, make it clear that that information can be sought only for the purposes of processing an application on the criteria referred to in this Part of the Bill, so that there is no question of information not being properly obtained or required. This is about providing information which is relevant to the application, and I think, Madam Speaker, that that amendment makes that matter crystal clear.
MS FOLLETT (Chief Minister and Treasurer) (8.04): Madam Speaker, the Government will not be opposing this amendment moved by Mr Humphries. The effect of the amendment is to ensure that the commissioner could seek information only for the purposes of this Part. It could be argued that the clause as it stands would allow the commissioner to seek irrelevant information and refuse an application for registration if the applicant refused to supply that information. The amendment does not change the intent of the legislation and would guard against the unlikely - I must stress unlikely - possibility of the commissioner making a malevolent decision.
Amendment agreed to.
MS FOLLETT (Chief Minister and Treasurer) (8.05): Madam Speaker, I move the Government amendment No. 13, which reads:
13. Page 29, line 14, proposed new section 84, add the following subsection:
"(3) If the Commissioner refuses an application under subsection (2), he or she shall give the applicant a review statement about the decision to refuse the application.".
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