March 5, 2021

Australia First Party objects to registration of Hanson party in Western Australia

The following documents were filed by Australia First Party this morning on the Western Australian Electoral Commission. We commend our material to the attention of the Honourable Member for Rinehart, Pauline Hanson.


Document 1

 

Australia First Party (NSW) Inc
P.O. Box 593 Rockdale 2216

December 20 2016

Commissioner
Western Australian Electoral Commission
GPO Box F316
Perth 6841

 

Re: The application to register Pauline Hanson’s One Nation as a political party in Western Australia, Electoral Act 1907

We would object to the registration of Pauline Hanson’s One Nation as a party per the provisions of the Western Australia Electoral Act 1907.

Section 62J (3) of the Act prescribes:

(3)   The Electoral Commissioner is to refuse to register a political party if the party’s application name —
(c)    is the name, or an abbreviation or acronym of the name, of an existing party; or
(d)    so nearly resembles the name, or an abbreviation or acronym of the name, of an existing party that it is likely to be confused with or mistaken for the name, abbreviation or acronym;

 

Objection under Section 62J (3) (c) (d)

The Australia First Party (NSW) Incorporated (AFP) is a registered party per the Commonwealth Electoral Act 1918. On December 1 2016, the AFP applied to the Australian Electoral Commission to have a Western Australian incorporated association, One Nation Western Australia (ONWA), listed as an “associated entity” of the party.

A copy of the application letter is appended. The letter describes the general relationship between the two political incorporations, as they developed in 2016.

It is a matter of fact that many public pronouncements concerning this inter-organisational relationship exist. Pauline Hanson’s One Nation would be reasonably aware of this.

It is the intention of Australia First Party to carry on public campaigns in the community and also participate in electoral campaigns in Western Australia and cite this relationship. The AFP effectively did this during the recent Senate election in Western Australia.

It is conceded at once that the AFP is a Federal party and not a Western Australian State party. However, the ONWA is a State affiliated part of this party and can trade under this name for proper purposes. The name Pauline Hanson’s One Nation is on the first read – distinct. However, it is to all intents and purposes the name, or it so closely resembles the name, of another party, our party, which operates in Western Australia as a Federal party and as one of its entities, that the issue for the Western Australian Electoral Commission to decide is whether the general public would reasonably confuse the two.

The AFP is aware of the long history of ONWA, endorses the organisation as the legitimate force in the original One Nation movement and will continue to have use of its name and privileges. It is to be noted that ONWA Inc was recognised by the Federal Pauline Hanson’s One Nation as its official branch until 2013, when the entire branch was expelled without proper cause. It is understood the Commission has correspondence about this and related matters. Hence ONWA should not be viewed as any fabricated structure for the present purposes.

It is submitted that Section 62J (3) should work in favour of the objection.

Yours sincerely,

Dr. James Saleam
President Australia First Party.


Document 2

December 1 2016

Director
Disclosure and Party Registration
Australian Electoral Commission
Locked Bag 4007
Canberra 2601

Re: Australia First Party (NSW) Incorporated / an associated entity

After conversation with one of your officers, I would advise you that One Nation Western Australia Incorporated (ONWA), a body incorporated under the provisions of the Western Australian Associations Incorporation Act 2015,  is an associated entity of Australia First Party (NSW) Incorporated (AFP), an incorporated association under the New South Wales Associations Incorporation Act 2009 and a party registered under the Commonwealth Electoral Act 1919.

The situation exists for the following reasons (amongst others):

  1. The ONWA raised money and spent money for AFP in respect of the 2016 Federal election.
  2. Candidates for AFP were also known publicly as members of ONWA.
  3. ONWA controls property which will be employed by AFP under their direction.
  4. The AFP committee for Western Australia (which includes ONWA members) will employ the ONWA name for agreed political purposes associated with AFP.
  5. Members of ONWA will be offered membership in AFP by an arrangement that should see most ONWA members recorded as members of AFP.

 

I would duly request that this relationship now be recorded.

Yours sincerely,

Dr. James Saleam
President AFP and Registered Officer


 

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