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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-04-04 Daily Xml
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REGISTRATION OF POLITICAL PARTIES

Adjourned debate on motion of Hon. Mr S.G. Wade:

That the regulations made under the Electoral Act 1985 concerning registration of political parties, made on 29 September 2011 and laid on the table of this council on 18 October 2011, be disallowed.

(Continued from 14 March 2012.)

The Hon. G.A. KANDELAARS (21:49): It will be no surprise that the government opposes this motion. This motion seeks to remove the current regulations surrounding registration of political parties. These regulations improve the political process in this state by minimising the potential disingenuousness of so-called political parties seeking registration immediately prior to an election. As mentioned, for continuing eligibility, political parties are now required to furnish an annual return in addition to the following documents prescribed by regulation 5B(2)(a), which states:

(i) a document setting out the names and addresses of 200 electors who are members of the party and

(ii) declarations of membership of the party to be in a form determined by the Electoral Commissioner, completed and signed within the period to which the annual return relates.

The government does not agree with the motion moved, nor the assertion made. The changes referred to were made to the Electoral Act 1995 in response to concerns raised in relation to the registration of these disingenuous political parties. Registered political parties are able to access sensitive and personal information contained on the electoral roll. Ensuring political parties are able to meet their ongoing eligibility requirements for registration ensures the correct use of such information.

In considering amendments to the act, the government consulted with the Electoral Commission of South Australia throughout the legislative process, and the amendments in the motion were approved. The government does not agree that the requirements imposed are an onerous administrative burden.

In relation to online/electronic membership, I draw honourable members' attention to section 9 of the Electronic Transactions Act 2000 which provides for circumstances in which the requirements of a signature are said to have been met in relation to electronic communications. Further, regulation 5B(1)(ii) provides that the declaration of membership be provided in the form determined by the commissioner allowing flexibility in relation to information provided electronically.

We further argue that in ensuring the protection of voters, in addition to the integrity of the party system, the requirements imposed by the regulations are very reasonable. I note that the number of members required for registration is synonymous with the requirements imposed on political parties in other jurisdictions where, in the Northern Territory, eligibility of a political party also requires a membership of 200 electors, whilst other states (including Queensland and Victoria) require names and addresses of at least 500 electors.

I agree with the honourable member that small parties are an important part of a pluralist democracy. However, I remind him that their integrity is compromised by the existence of political parties that have no genuine interest in contributing to the political process.

Debate adjourned on motion of Hon. J. M. Gazzola.

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