Page 971 - Week 04 - Tuesday, 19 April 1994
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This amendment is as a consequence of the previous two amendments that I have moved and that the Assembly has agreed to. The amendment is as a consequence of inserting a right of review of a decision to refuse an application for party registration under this new section. It was again recommended by the Standing Committee on Scrutiny of Bills and Subordinate Legislation.
Amendment agreed to.
MR HUMPHRIES (8.06): Madam Speaker, I move amendment f. circulated in my name, which reads as follows:
f. Page 31, line 4, proposed new subsection 87(2), after paragraph (2)(b) insert the following paragraphs:
"(ba) is frivolous or vexatious;
(bb) is mischievous or likely to deceive, mislead or confuse;".
Madam Speaker, proposed new section 87 deals with the registration of parties and, particularly, of party names. The power is given to the Electoral Commissioner to refuse an application for registration of a name if the commissioner believes, on reasonable grounds, that the name of the party is any one of a number of things - if it comprises more than six words, is obscene, is the name or an abbreviation or acronym of the name of another party, resembles another party so as to cause confusion, comprises the words "Independent Party" or comprises the word "Independent", and the name or a name similar to somebody else's name.
Madam Speaker, those provisions are fairly comprehensive, but members will recall that the Commonwealth provisions, which presently apply or have applied in the past - in fact, I think they still apply at the moment - included some other grounds for exclusion of certain names. They excluded names that were frivolous or vexatious, or names that were mischievous or likely to deceive, mislead or confuse. Madam Speaker, it seems to me that there is a case for saying that we need to protect ourselves against names which might be in these categories, and that protection is not afforded by the Bill as it presently stands. Members can use their imaginations to think of names which would be frivolous or vexatious. Some suggestions I would make are names like the "All Magistrates are Corrupt Party", the "Buy Rosemary Party", the "Buy Kate Party", or something of that kind.
Mr Wood: The Liberal Party?
MR HUMPHRIES: That is not vexatious or frivolous, Mr Wood. I am sorry; you are sorely misled.
Mr Wood: I would have thought so.
Mr Kaine: No more than Labor Party, of course.
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