freediver
Gold Member
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Sounds like the two parties don't get on too well:
http://www.advertising.nswp.commerce.nsw.gov.au/NR/rdonlyres/eorev6kloxpbfv3hz mcitecg72sljbwsdm26s5lw6npykn3qdnlklg65nxv77qdhvdk26hrgyb7h6c/1st_February.pdf
BETWEEN ROBERT ARTHUR SMITH Petitioner AND AUSTRALIAN ELECTORAL COMMISSION Respondent ELECTION PETITION OF ROBERT ARTHUR SMITH
This petition concerns the Federal election for the half Senate poll in Queensland and NSW conducted on 24 November 2007
RETURN OF WRIT Writs for the General election held on 24 November 2007 were returned on 21 December 2007
ENTITLEMENT TO FILE THIS PETITION
The petitioner is entitled to file this petition pursuant to Section 355 sub (a) to (e) of the CEA 1918, as being the No1 Senate candidate for The Fishing Party contesting above the line group ticket G in Queensland and the petitioner being a registered voter for the state of NSW who exercised that Senate vote through his Division of Hunter. The petitioner believes that Sections 352, 353, 354, 355, 356, 358, 359, 360, 363 and 363A and in particular 364 of the Commonwealth Electoral Act 1918 in conjunction with Clause 5, Section 1 and 75 of the Australian Constitution along with the Judicial Act 1903 Part (iv) (all) give authority to this court to rule on and proceed with this petition to obtain for the Australian people a fair and honest election.
STATEMENT OF FACTS
1) The Australian Electoral Commission registered a political party that contested the 24 November 2007 half Senate election for Queensland and NSW (and SA) named as Australian Fishing and Lifestyle Party that obtained Federal political party registration by “fraud or misrepresentation.” Particulars:
(i) The petitioner is the signatory and authorised representative of The Fishing Party which had been an unincorporated voluntary non-profit organisation federally registered as a political party since 2001 having contested the Senate and House of Representative seats in NSW in 2001, 2004 and Qld Senate in 2004 prior to the forced de-registration of the party on 27 December 2006 and made their reregistration application on 22 December the same month. The party does not need to be registered to remain a federal political party to retain that legal and political entity but being registered offers some advantage to the party for funding payments instead of the candidate.
(ii) On 2 January 2007 the Australian Electoral Commission accepted a 2nd application to register The Fishing Party by the party’s Queensland state branch signed by that branch secretary for that federal registration, this constitutes a fraudulent attempt to hijack the federal party structure. The AEC did this after having already received the re-registering application of the previous registered party duly signed by the federal party authorised signatory Robert Smith being this petitioner.
(iii) The 2nd statutory signed and witnessed application was supported by 500 plus statutory signed membership contracts of The Fishing Party pursuant to Part XI of the Commonwealth Electoral Act 1918.
(iv) With the limited facts available from the AEC the random sample test of 20 members was completed in April 2007 by the AEC with a pass of 19 affirmatives which must have been for The Fishing Party members to support that 2nd application.
(v) On 11 May 2007 the next month after doing that sample test for The Fishing Party and 4 months after accepting that 2nd application, the AEC used its Legislation powers pursuant to s131 of the CEA 1918 and informed that 2nd applicant party that they may refuse their application because there was already a recognised political registered party by the name The Fishing Party and so issued a variation notice under s131 of the CEA 1918. (vi) On the 28 May 2007 the AEC accepted the official response from that applicant party with their amended application to change the party applicant name to Australian Fishing and Lifestyle Party with abbreviation AFLP but contravened its Powers, Function and Legislation by not addressing s131 (3) and (4) but continued with and contravened s132 and s132A of the CEA 1918. It is evident that the 500 plus members used by that applicant did not even know that their contracts were being used to support another unrelated political party and in actual fact the party now named AFLP was to be placed on a TFP (Qld) branch AGM meeting agenda as “proposed party” which was not advertised until August 2007 and scheduled for the 15 September 2007 meeting, that being 4 months after the secret name change and after that party was placed on the Register of political parties. It is evident that after the variation there were not 500 statutory signed and annexed membership contract forms submitted to the AEC from AFLP to support their new application.
(vii) On 4 July 2007 the AEC published in the Australian Government Gazette and 10 prominent newspapers the application of AFLP to be a registered party that was to have a one month period to receive objections pursuant to s132 (2) (3) (4) (5) (6) (7)
(viii) Four objections pursuant to contravening s132 were received in short time, being 2 from the ALP-Australian Labor Party objecting to the similar confusing abbreviation and two objections from The Fishing Party dated 12th and 16th July 2007 signed by this petitioner in his capacity of party officer objecting to 3 issues:
and on and on it goes for several pages....
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