Electoral Finance Act 2007

  • repealed
15 Application to be listed as third party
  • (1) A person who proposes to become a promoter and who anticipates incurring expenses in relation to election advertisements that exceed the amounts specified in section 63(3)(d) must apply to the Electoral Commission to be listed as a third party.

    (2) An application under subsection (1) must be made,—

    • (a) if the promoter is an individual, by that individual; or

    • (b) if the promoter is a body corporate, by a person who is duly authorised by the board or other governing body of the body corporate to make the application; or

    • (c) if the promoter is an unincorporated body, by the representative of the body who is, or appears to be, authorised by the body for the purpose.

    (3) An application to be listed as a third party must—

    • (a) be in the form required by the Electoral Commission; and

    • (b) be accompanied by—

      • (i) a notice in the form required by the Electoral Commission setting out the name, address, and contact details of the person (being a person who is eligible for appointment under section 9) who is to be appointed as the financial agent of the third party; and

      • (ii) the signed consent to the appointment of the person referred to in subparagraph (i); and

      • (iii) a statutory declaration made by the applicant declaring that to the best of the applicant's knowledge the applicant is eligible under section 13 to be listed as a third party.

    (4) An application by or on behalf of a political party to be listed as a third party must, in addition to satisfying the requirements in subsection (3), be accompanied by a statutory declaration (a non-contest declaration) that—

    • (a) the secretary of the political party will not, while the party is listed as a third party—

      • (i) submit a list of candidates under section 127 of the Electoral Act 1993:

      • (ii) lodge a bulk nomination under section 146B of that Act:

      • (iii) allow any constituency candidate to contest any election using the party's logo or any other form of nomenclature; and

    • (b) the secretary of the political party has not—

      • (i) submitted a list of candidates under section 127 of the Electoral Act 1993 in connection with any forthcoming election:

      • (ii) lodged a bulk nomination under section 146B of that Act in connection with any forthcoming election:

      • (iii) allowed any constituency candidate to be nominated using the party's logo or any other form of nomenclature associated with the party, in connection with any forthcoming election.