Commonwealth Electoral Act (excerpts relevant to applications regarding party registration)

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Commonwealth Electoral Act 1918
extracts relevant to applications regarding party registration

Part I – Preliminary
4 Interpretation
(1) In this Act unless the contrary intention appears:
Abbreviation of the name of a political party means a shortened version, or an
acronym, of the party’s name and does not include an alternative name of the party.
Organisation includes:
(a) a body corporate;
(b) an association or other body of persons;
(c) an association that consists of 2 or more organisations wi thin the meaning of
the preceding paragraphs; and
(d) a part of an organisation within the meaning of a preceding paragraph.
Part , in relation to an organisation, includes:
(a) a branch or division of an organisation; and
(b) a part of a part of an organisation.
Political party means an organisation the object or activity, or one of the objects or
activities, of which is the promotion of the election to the Senate or to the House of
Representatives of a candidate endorsed by it.
Registered political party means a political party that is registered under Part XI.
Register of Political Parties means the Register of Political Parties established
under section 125.
(2) For the purposes of this Act, an organisation shall be taken to endorse a
candidate in an election if a part of the organisation, or an organisation of which the
first -mentioned organisation is a part, endorses the candidate in that election.

Part XI —Registration of political parties
123 Interpretation
(1) In this Part, unless the contrary intention appears:
address does not include a postal address that consists of a post office box number.
Commission means the Electoral Commission.
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.
Parliamentary party means a political party at least one member of which is a
member of the Parliament of the Commonwealth.

secretary, in relation to a political party, means the person who holds the office
(however described) the duties of which involve responsibility for the carrying out of
the administration, and for the conduct of the correspondence, o f the party.
(2) For the purposes of this Part, 2 political parties shall be taken to be related if:
(a) one is a part of the other; or
(b) both are parts of the same political party.
(3) A reference in this Part to a member of a political party is a r eference to a person
who is both:
(a) a member of the political party or a related political party; and
(b) entitled to enrolment under this Act.

124 Registration of political parties
Subject to this Part, an eligible political party may be registered under this Part for the
purposes of this Act.

125 Register of Political Parties
The Commission shall establish and maintain a Register, to be known as the
Register of Political Parties, containing a list of the political parties that are registered
under this Part.

126 Application for registration
(1) An application for the registration of an eligible political party may be made to the
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;

(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;
(c) set out the name and address of the person who is to be the registered officer
of the part y for the purposes of this Act;
(ca) include a list of the names of the 500 members of the party to be relied on for
the purposes of registration;
(d) state whether or not the party wishes to receive moneys under Division 3 of
Part XX;
(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 acc ompanied by a fee of $500.
(2A) Two or more parties cannot rely on the same member for the purpose of
qualifying or continuing to qualify as an eligible political party. The following
provisions apply accordingly:
(a) a member who is relied on by 2 or m ore parties may nominate the party
entitled to rely on the member, but if a party is not nominated after the
Commission has given the member at least 30 days to do so, the member is
not entitled to be relied on by any of those parties;
(b) the members on whom a registered party relies may be changed at any time
by an amendment of the Register of Political Parties;
(c) the registration of a party is not to be cancelled because of this subsection
unless the Commission has taken action to determine whether t he party
should be deregistered because of paragraph 137(1)(a), (b) or (c).
(3) Upon receipt of an application for the registration of a political party, the
Commission shall deal with the application in accordance with this Part and determine
whether the party can be registered.

127 Party not to be registered during election
During the period commencing on the day of the issue of the writ for a Senate
election or a House of Representatives election and ending on the day on which the
writ is returned, no action shall be taken in relation to any application for the
registration of a political party, including any action by the Administrative Appeals
Tribunal in respect of a decision of the Commission that relates to such an
application.

129 Parties wit h certain names not to be registered
(1) The Commission shall refuse an application for the registration of a political party
if, in its opinion, the name of the party or the abbreviation of its name that it wishes to
be able to use for the purposes of this Act (if any):
(a) comprises more than 6 words;
(b) is obscene;

(c) is the name, or is an abbreviation or acronym of the name, of another political
party (not being a political party that is related to the party to which the
application relates) that i s a recognised political party;
(d) so nearly resembles the name, or an abbreviation or acronym of the name, of
another political party (not being a political party that is related to the party to
which the application relates) that is a recognised politi cal party that it is likely
to be confused with or mistaken for that name or that abbreviation or
acronym, as the case may be; or
(da) is one that a reasonable person would think suggests that a connection or
relationship exists between the party and a reg istered party if that connection
or relationship does not in fact exist; or
(e) comprises the words “Independent Party” or comprises or contains the word
“Independent” and:
(i) the name, or an abbreviation or acronym of the name, of a recognised
politica l party; or
(ii) matter that so nearly resembles the name, or an abbreviation or acronym of
the name, of a recognised political party that the matter is likely to be
confused with or mistaken for that name or that abbreviation or acronym, as
the case may be.
(2) In this section:
recognised political party means a political party that is:
(a) a Parliamentary party; or
(b) a registered party; or
(c) registered or recognised for the purposes of the law of a State or a Territory
relating to elections and that has endorsed a candidate, under the party’s
current name, in an election for the Parliament of the State or Assembly of the
Territory in the previous 5 years.

130 Different levels of party may be registered
The Commission may register an eligible political party notwithstanding that a
political party that is related to it has been registered.

131 Variation of application
(1) Where, after initial consideration of an application for the registration of a political
party, the Commission is of the opi nion that it is required to refuse the application but
that the applicant or applicants might be prepared to vary the application in such a
way that it would not be so required, the Commission shall give the applicant or
applicants written notice that it i s of that opinion, setting out the reasons for its opinion
and the terms of the provisions of subsections (2) and (3).
(2) Where notice is given under subsection (1) in relation to an application, the
Commission is not required to give further considerati on to the application unless and
until notice is lodged with it under subsection (3).
(3) Where notice is given under subsection (1) in relation to an application for the
registration of a political party, the applicant or applicants may lodge with the
Co mmission a written request, signed by the applicant or applicants, to:
(a) vary the application in a manner specified in the request; or

(b) proceed with the application in the form in which it was lodged;
and the Commission shall comply with the request.
(4) If a request is made under subsection (3) to vary an application, the application
as varied is to be treated for the purposes of this section as if it were a new
application.

132 Procedure for dealing with application
(1) If:
(a) an application f or registration is lodged with the Commission; and
(b) the Commission does not give a notice under subsection 131(1) in respect of
that application;
the Commission must, as soon as practicable, publish in the Gazette and in each
State and Territory in a n ewspaper circulating generally in that State or Territory a
notice of the application.
(2) A notice under subsection (1) in relation to an application shall:
(a) set out the particulars specified in the application in accordance with
subsection 126(2); and
(b) invite any persons who believe that the application:
(i) does not relate to an eligible political party;
(ii) is not in accordance with section 126; or
(iv) should be refused under section 129;
to submit written particulars of the grounds for that belief to the Commission
within 1 month after the date of the publication of the notice in the Gazette .
(3) Particulars submitted by a person under subsection (2) shall be signed by, and
specify an address of, that person.
(4) Particulars submitted under paragraph (2)(b) shall, as soon as practicable, be
made available at the principal office of the Commission in Canberra for inspection by
members of the public.
(5) The Commission shall:
(a) give a copy of all of the particulars (if any) submitted under paragraph (2)(b)
to the person who is to be the registered officer of the party concerned; and
(b) at the same time, give to the person a notice inviting the person to submit a
reply to the particulars to the Commission within the time specified in t he
notice.
(6) A reply submitted under subsection (5) shall, as soon as practicable, be made
available at the principal office of the Commission in Canberra for inspection by
members of the public.
(7) The Commission shall not register a political part y unless:
(a) it has published notice of the application for registration in accordance with
this section;
(b) a period of at least one month has elapsed after the date of publication of
notice of the application in the Gazette ;
(c) where particulars have been submitted under paragraph (2)(b), either:

(i) the time specified in a notice under subsection (5) has expired; or
(ii) a reply to the particulars has been received; and
(d) the Commission has considered those particulars (if any) and any reply to the
particulars.

132A Commission to give reasons for decisions under this Part
(1) The Commission must:
(a) give the parties to an application under section 126 written notice of the
reasons for its decision in relation to the application if it decides not to register
the party concerned; and
(b) take such steps as the Commission considers appropriate to publicise those
reasons.
(2) For the purposes of subsection (1), the parties to the application are:
(a) the applicant; and
(b) any person who submit s particulars in relation to the application under
subsection 132(2).

133 Registration
(1) Where the Commission determines that a political party an application for the
registration of which has been made should be registered, it shall:
(a) register th e party by entering in the Register:
(i) the name of the party;
(ii) if an abbreviation of the name of the party was set out in the application —that
abbreviation;
(iii) the name and address of the person who has been nominated as the
registered office r of the party for the purposes of this Act; and
(iv) where the party has in its application stated that it wishes to receive moneys
under Division 3 of Part XX —a statement indicating that the party so wishes;
(b) give written notice to the applicant or applicants that it has registered the
party;
(c) if any person or persons submitted particulars in response to the invitation
referred to in paragraph 132(2)(b) in relation to the application— give written
notice to that person or those persons that it has registered the party, setting
out in the notice to each person the reasons for rejecting the reasons
particulars of which were so submitted by the person; and
(d) publish in the Gazette notice of the registration of the party.
(2) Where a statement is entered in the Register that a political party wishes to
receive moneys under Division 3 of Part XX, that party shall, for the purposes of
Part XX, be taken to have been registered for public funding.
(3) Where the Commission determines that an application for the registration of a
political party should be refused, it shall give the applicant or applicants written notice
that it has refused the application, setting out the reasons for its so refusing.

134 Changes to Register
(1) Where a political party i s registered under this Part, an application may be made
to the Commission, by:
(a) in the case of a Parliamentary party —either the secretary of the party or all
the members of the Commonwealth Parliament who are members of, or the
member of that Parliament who is a member of, the party; or
(b) in the case of a political party other than a Parliamentary party —3 members
of the party;
to change the Register by:
(c) changing the name of the party to a name specified in the application;
(d) if an abbreviation o f the name of the party is entered in the Register —
changing that abbreviation to an abbreviation specified in the application;
(e) if an abbreviation of the name of the party is not entered in the Register —
entering in the Register an abbreviation of the na me of the party, being an
abbreviation specified in the application;
(f) entering in, or removing from, the Register a statement that the party wishes
to receive moneys under Division 3 of Part XX; or
(g) substituting for the name of the registered officer entered in the Register the
name of a person specified in the application.
(1A) Where a political party is registered under this Part, the registered officer of the
party may apply to the Commission to change the Register by substituting for the
address of the registered officer entered in the Register the address specified in the
application.
(2 ) An application under subsection (1):
(a) shall be in writing, signed by the applicant or applicants;
(b) in the case of an application to substitute the name o f a person as the name
of the registered officer of a political party, shall be signed by that person and
may be signed by the registered officer; and
(c) shall 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
(d) for the purposes of paragraph (1)(c), (d) or (e)—must be accompanied by a
fee of $500.
(2A) An application under subsection (1A) shall be signed by the applicant.
(3) Upon receipt of an application under subsection (1) or (1A), the Commission
shall deal with the application in accordance with this Part and determine whether the
change requested in the application should be made.
(4) In respect of an appli cation under subsection (1) for a change referred to in
paragraph (1)(c), (d) or (e), sections 127, 129, 131 and 132 apply in relation to the
application as if:
(a) a reference in those sections to an application for registration were a
reference to an application for that change;
(b) subparagraph (2)(b)(i) were omitted from section 132; and
(c) a reference in subparagraph 132(2)(b)(ii) to section 126 were a reference to
this section.

(5) Where an application under subsection (1) to substitute the name of a person for
the name of the registered officer of a political party is not signed by the registered
officer, the Commission shall:
(a) give the registered officer written notice of the application for the change and
invite the registered officer, if he or she considers that there are reasons why
the change should not be made, to submit written particulars of those reasons
to the Commission within 7 days after the date on which the notice was given;
and
(b) consider any particulars submitted in response to the invitation referred to in
paragraph (a).
(6) Where the Commission determines that an application under subsection (1) or
(1A) should be granted, it shall:
(a) change the Register accordingly;
(b) give the applicant or applicants written notice that it has made the change;
(c) in the case of a change referred to in paragraph (1)(c), (d) or (e) in respect of
which any person or persons submitted particulars in response to the
invitation referred to in paragraph 132(2)(b) in its application by virtue of
subsection (4)—give written notice to that person or those persons that it has
made the change, setting out in the notice to each person the reasons for
rejecting the reasons particulars of which were so submitted by the person;
(d) in the case of an applic ation to substitute the name of a person for the name
of the registered officer of the party, being an application in respect of which
the registered officer submitted particulars under paragraph (5)(a) —give
written notice to that registered officer that i t has made the change setting out
the reasons for rejecting the reasons particulars of which were so submitted;
and
(e) publish in the Gazette notice of the change.
(7) Where the Commission determines that an application under subsection (1) or
(1A) shoul d be refused it shall give the applicant or applicants written notice that it
has so determined.
(8) The Commission must:
(a) give an applicant who makes an application under subsection (1) to change
the Register in the way referred to in paragraph (1)(c), (d) or (e) written notice
of the reasons for its decision in relation to the application if it refuses to grant
the application; and
(b) take such steps as the Commission considers appropriate to publicise those
reasons.

134A Objection to continued use of name
(1) If:
(aa) one registered political party (the parent party ) was registered under
section 126 before another registered party (the second party ); and
(a) the Commission is satisfied that:
(i) the name of the parent party is the same as, or rel evantly similar to, the name
of the second party and the parties are not related at the time of the objection;
or

(ii) the name of the second party is one that a reasonable person would think
suggests that a connection or relationship exists between the s econd party
and the parent party and that connection or relationship does not in fact exist;
and
(iii) the second party was registered after the commencement of this section; and
(b) the registered officer of the parent party objects in writing to the continued use
of the name by the second party;
the Commission must:
(d) uphold the objection; and
(e) notify the registered officer of the second party, at the address specified in the
Register, that the second party will be deregistered under section 137 if:
(i) it does not make an application under section 134 for a change of name
within 1 month of the date of the notice; or
(ii) it makes such an application, but the application is refused.
(2) For the purposes of paragraph (1)(a), the name of a party is relevantly similar to
the name of another party if, in the opinion of the Commission, the name so nearly
resembles the name of the other party that it is likely to be confused with or mistaken
for that name.
(2A) The Commission must:
(a) give the parties to an objection under this section written notice of the reasons
for its decision in relation to the objection if it upholds the objection; and
(b) take such steps as the Commission considers appropriate to publicise those
reasons.
(2B) For the purposes o f subsection (2A), the parties to the objection are:
(a) the registered officer of the parent party; and
(b) the registered officer of the second party.
(3) In this section:
name, in relation to a registered political party, means:
(a) the name of the par ty that is entered in the Register; or
(b) the abbreviation, entered in the Register, of the name of the party.

135 Voluntary deregistration
(1) A political party that is registered under this Part shall be deregistered by the
Commission if an application to do so is made to the Commission by a person
or persons who are entitled to make an application for a change to the
Register under section 134 in relation to the party.
(2) An application under subsection (1) shall:
(a) be in writing, signed by the applicant or applicants; and
(b) 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.

(3) Where a political party is deregis tered under subsection (1), that party, or a party
that has a name that so nearly resembles the name of the deregistered party that it is
likely to be confused with or mistaken for that name, is ineligible for registration under
this Part until after the g eneral election next following the deregistration.

136 Deregistration of party failing to endorse candidates or ceasing to be a
Parliamentary party
(1) A registered political party is liable to deregistration if:
(aa) the party has been registered for m ore than 4 years and during that time has
not endorsed a candidate for any election; or
(a) a period of 4 years has elapsed since the polling day in the last election for
which the party endorsed a candidate; or
(b) in the case of a party that was a Parliamentary party when it was registered:
(i) the party has ceased to be a Parliamentary party; and
(ii) the party has fewer than 500 members.
(1A) If a party becomes liable to deregistration, the Commission shall:
(a) deregister the party;
(b) give written notice of the deregistration to the person who was the registered
officer of the party immediately before the deregistration; and
(c) cause notice of the deregistration to be published in the Gazette .
(2) Where a political party is deregistered under subsection (1A), that party, or a
party that has a name that so nearly resembles the name of the deregistered party
that it is likely to be confused with or mistaken for that name, is ineligible for
registration under this Part until after the general election next following the
deregistration.
(3) A Parliamentary party shall not be deregistered under this section.

137 Deregistration of political party on other grounds
(1) If the Commission is satisfied on reasonable grounds that:
(a) a political party re gistered under this Part has ceased to exist (whether by
amalgamation with another political party or otherwise); or
(b) a political party so registered, not being a Parliamentary party, has ceased to
have at least 500 members; or
(c) the registration of a political party so registered was obtained by fraud or
misrepresentation; or
(ca) an objection against the continued use of a name (within the meaning of
section 134A) by a political party so registered has been upheld under
section 134A, but an applicati on to change the party’s name:
(i) was not made under section 134 within one month of the upholding of the
objection; or
(ii) was so made within one month of the upholding of the objection, but was later
refused; or

(cb) the registered officer of a regi stered political party has failed to comply with a
notice under section 138A (Review of eligibility of parties to remain in the
Register);
the Commission shall:
(d) give the registered officer of the party notice, in writing, that it is considering
deregis tering the party under this section setting out its reasons for
considering doing so and the terms of the provisions of subsections (2), (3),
(4) and (5); and
(e) publish a notice in the Gazette that it is considering deregistering the party
under this sec tion, specifying the paragraph of this subsection by reason of
which it is considering doing so.
(2) Where a notice is given under paragraph (1)(d) in relation to a political party, the
registered officer of the party or 10 members of the party may, withi n 1 month after
the date on which the notice was given, lodge with the Commission a statement, in
writing, signed by the registered officer or by those members of the party, as the case
may be, setting out reasons why the party should not be deregistered under this
section.
(3) Where a statement lodged under subsection (2) is signed by 10 members of a
political party, the statement shall set out the names and addresses of those
members and contain a statement that they are members of that party.
(4) Where a notice is given under paragraph (1)(d) in relation to a political party and
a statement is not lodged under subsection (2) in response to that notice, the
Commission shall deregister the party and publish a notice of the deregistration in the
Gazette .
( 5) Where, in response to a notice given under paragraph (1)(d) in relation to a
political party, a statement is lodged under subsection (2), the Commission shall
consider that statement and determine whether the political party should be
deregistered for the reason set out in that notice.
(6) Where, under subsection (5), the Commission determines that a political party
should be deregistered, it shall:
(a) deregister the party;
(b) give the person who was the last registered officer of the party written notice
of the deregistration, setting out its reasons for rejecting the reasons set out in
the statement lodged under subsection (2); and
(c) publish a notice of the deregistration in the Gazette.
(7) Where, under subsection (5), the Commission determines that a political party
should not be deregistered under this section, it shall give the registered officer of the
party written notice of its determination.

138 Deregistration
Where a political party is deregistered under section 135, 136 or 137, the
Com mission shall cause the particulars on the Register that relate to that party to be
cancelled.

138A Review of eligibility of parties to remain in the Register
(1) The Electoral Commission may review the Register to determine whether one or
more of the p arties included in the Register:
(a) is an eligible political party; or
(b) should be deregistered under section 136 or 137.
(2) The Electoral Commission may do so at any time other than during the period
that:
(a) starts on the day of the issue of a writ for a Senate election or House of
Representatives election; and
(b) ends on the day on which the writ is returned.
(3) For the purposes of reviewing the Register, the Electoral Commission may give a
written notice to the registered officer of a registered political party requesting
specified information on the party’s eligibility to be registered under this Part.
(4) The notice must specify a period within which the information must be provided.
The period must be at least 2 months.
(5) The registered officer must comply with the notice within the specified period.
However, the Electoral Commission may extend that period.
Note: A failure to comply with the notice may lead to deregistration (see
paragraph 137(1)(cb)).

139 Inspection of Register
The Regi ster shall be open for public inspection, without fee, during ordinary office
hours at the principal office of the Commission in Canberra.

140 Service of documents
(1) Where the Commission is required by this Part to give a written notice to:
(a) an applicant or applicants for registration;
(b) the registered officer of a political party;
(c) the person who was the registered officer of a political party immediately
before its deregistration;
(d) a person who submitted particulars to it; or
(e) a person who made an application under subsection 141(2);
that notice shall be given by being posted by pre- paid post as a letter addressed to:
(f) the person nominated as the registered officer in the application for
registration at his or her address shown in the application;
(g) the registered officer of the political party at his or her address set out in the
Register;
(h) the last registered officer of the party at his or her address shown in the
Register;
(j) the person who submitted the particulars at the address specified in the
particulars; or

(k) the person who made the application under subsection 141(2) at the address
specified in the application;
as the case may be.
(2) Where a person is, or persons are, entitled by this Part to make an application to
t he Commission, the person or persons shall do so by causing the application to be
lodged at the principal office of the Commission in Canberra, in the capital city of a
State or in Darwin.
(3) Where a person is, or persons are, entitled by this Part to lodge a document
(other than an application) with the Commission, the person or persons shall do so
by causing the documents to be lodged at the principal office of the Commission in
Canberra.

141 Review of certain decisions
(1) In this section:
Commissi on does not include a delegate of the Commission.
decision has the same meaning as it has in the Administrative Appeals Tribunal
Act 1975 .
person includes a political party.
reviewable decision means a decision of the Commission, or of a delegate of
the Co mmission:
(a) to register a political party under this Part; or
(b) to refuse an application for the registration of a political party under this
Part; or
(c) to grant an application under subsection 134(1); or
(ca) to uphold an objection under subsect ion 134A(1); or
(cb) to refuse to uphold an objection under subsection 134A(1); or
(d) to refuse an application under subsection 134(1); or
(e) to deregister a political party under subsection 137(6).
(2) Where a delegate of the Commission makes a revi ewable decision, a person
affected by the decision who is dissatisfied with the decision may, within the period of
28 days after the day on which the decision first comes to the notice of the person, or
within such further period as the Commission (either before or after the expiration of
that period) allows, make a written application to the Commission for the review of
the decision by the Commission, specifying in the application an address of the
applicant.
(3) There shall be set out in the application under subsection (2) the reasons for
making the application.
(4) Upon the receipt of an application under subsection (2) for the review of a
reviewable decision, the Commission shall review that decision and shall make a
decision:
(a) affirming the decisi on under review;
(b) varying the decision under review; or
(c) setting aside the decision under review and making a decision in substitution
for the decision so set aside.

(5) Application may be made to the Administrative Appeals Tribunal for review of a
reviewable decision made by the Commission or a decision under subsection (2) or
(4).
(6) For the purposes of a review referred to in subsection (5), the Administrative
Appeals Tribunal is to be constituted by 3 members, at least one of whom is a Judge
of the Federal Court of Australia.
(6A) Subsection 21(1AA) of the Administrative Appeals Tribunal Act 1975 does not
apply in relation to a review referred to in subsection (5) of this section.
(7) Where the Commission makes a decision under subsection (4), it shall give
written notice of that decision to:
(a) the person, or each person, to whom written notice of the reviewable decision
to which the decision of the Commission relates was given under this Part;
and
(b) the person who made the application for the review of that reviewable
decision.
(8) Where a delegate of the Commission makes a reviewable decision, a written
notice of the decision given to a person or persons under this Part shall include a
statement to the effect that:
(a) a person affected by the decision may, if dissatisfied with the decision, seek a
review of the decision by the Commission in accordance with subsection (2);
and
(b) a person whose interests are affected by the decision may, subject to the
Administrative Appeals Tribunal Act 1975 , if dissatisfied with a decision made
by the Commission upon that review make application to the Administrative
Appeals Tribunal for review of the decision made by the Commission.
(9) Where the Commission makes a reviewable decision or a decision und er
subsection (2) or (4), a written notice of the decision given to a person or persons
under this Part shall include a statement to the effect that a person whose interests
are affected by the decision may, subject to the Administrative Appeals Tribunal A ct
1975, if dissatisfied with the decision, make an application to the Administrative
Appeals Tribunal for review of the decision.
(10) Any failure to comply with the requirement of subsection (8) or (9) in relation to
a decision does not affect the validity of the decision.