Page 972 - Week 04 - Tuesday, 19 April 1994
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Mr De Domenico: It depends on which Labor Party - the "Left Wing", "Left Left", "Right Right", "Middle", "Bill Wood Right Wing".
MR HUMPHRIES: Of course, yes. The "Welfare is Fraud Party" would be - - -
Mr Kaine: Or the "Brindabella Labor Party" and the "Molonglo Labor Party".
MR HUMPHRIES: That would be vexatious, I would suggest, Madam Speaker, and my colleagues are giving you other names that fall in the same category. So there is a case for having a capacity to exclude names of that kind. Members, of course, will recall names like the Sun-ripened Warm Tomato Party. Such names drew the ACT political process into considerable disrepute.
Mr Wood: The Residents Rally.
MR HUMPHRIES: The Residents Rally, suggests Mr Wood. That is another name. Clearly, names like the Sun-ripened Warm Tomato Party did some damage to the political process in the ACT. That clearly would be a frivolous name and, in my view, Madam Speaker, ought not be the sort of name which we register for serious contention in the political process in the ACT. I again point out that this was part of the Federal legislation and is still, as I understand it, the law at the moment in the ACT, until we supersede it with something tonight.
A name may also be inherently likely to deceive, mislead or confuse. The existing proposed new subsection 87(2) prevents the registration of a name which is likely to be confused with another name already registered; but I am talking about names which are, themselves, inherently confusing. For example, the "Official Ratepayers Party", I would suggest, is a confusing or misleading name because it implies that there is something authorised or official about such a name, and that would be likely to confuse. People should not be under any misapprehension about whether certain names are official or otherwise. There are other examples of names that I think would be, arguably, inherently confusing in their own right.
So, Madam Speaker, I think that capacity ought to exist. It ought to be clear that people should take the process seriously. Whether they do so or do not do so in the way they campaign is up to them; but we should not abet the process by allowing names which, in the past, have been intended to bring the process of electing the ACT Legislative Assembly into disrepute. I therefore suggest that we should retain these provisions.
MS SZUTY (8.11): I think Mr Humphries makes a very valid point about names of political parties or groups which are frivolous or vexatious, or mischievous, or likely to deceive, mislead or confuse or whatever. Mr Humphries has mentioned the background to this amendment. I think it will be useful if these provisions are inserted in our own legislation. I realise that the commissioner will have some decisions to make on the basis of names that do fall into these categories, but I think it is appropriate that we include Mr Humphries's amendment in the legislation.
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