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PART II. - POLITICAL PARTIES GENERALLY.

3. Membership of political parties.

    1.  Subject to Subsection (2), a political party shall not restrict membership of the party on the basis of sex, race, religion or place of origin.
    2.  A non-citizen shall not be a member of a political party.
    3.  A person shall not be a member of more than one political party at the same time.
    4.  Subject to Subsection (7), a person is not a member of a political party unless all fees, dues or other payments due by him to the political party in accordance with the constitution of that political party have been paid within the time and in the manner required by that constitution.
    5.  Subject to Subsection (6), membership of a political party shall be ordinary membership and a political party shall not grant dual membership, associate membership or any other form of membership of the political party.
    6.  A political party may, in accordance with the constitution of that political party accord special privileges, such as life membership of the party, to certain members of the party.
    7.  A member of a registered political party who is a Member of the Parliament and who has not paid, within the time and in the manner required by the constitution of that political party, all fees, dues or other payments due by him to the political party may be expelled from the political party if the constitution so provides, but if not so expelled remains as a member of that political party until:
      1.  the end of the life of the Parliament during which the non-payment occurs; or
      2.  his resignation from that political party; or
      3.  his ceasing to be a Member of the Parliament according to law,whichever first happens.

4. Executive officers of Political Parties.

(1)  A political party shall have the following executive officers:-

      1.  a president; and
      2.  a secretary; and
      3.  a treasurer; and
      4.  where a registered political party has two or more members who are Members of the Parliament, a Parliamentary Leader.

(2)  An official of a political party, other than a Member of the Parliament, shall not hold any other public office or be an employee or member of the governing body of a public body including a superannuation fund or corporation in which the State or a public body has an equity interest.

(3)  The executive officers referred to in Subsection (1)(a), (b) and (c) shall be elected in a democratic manner in accordance with provisions specified in the constitution of the political party and conforming to the following principles:-

      1.  each member of the political party has an equal voting right that is exercisable freely;
      2.  subject to reasonable qualifications applying to all members of the political party, all members are eligible to contest the election of executive officers;
      3.  reasonable opportunity is given to:
        1.  all members qualified under Paragraph (b) to contest; and
        2.  all members to vote in,an election of executive officers;

    d.  the executive officers are appointable and removable by the majority vote of the members of the political party at elections held at fixed periodic intervals.

(4)  A Parliamentary Leader referred to in Subsection (1)(d) shall be elected in a democratic manner in accordance with provisions specified in the constitution of the political party and conforming to the following principles:-

      1.  each member of the political party who is a Member of the Parliament has an equal voting right that is exercisable freely;
      2.  subject to Paragraph (e) and to reasonable qualifications applying to all such members, all such members are eligible to contest the election of the office of Parliamentary Leader;
      3. reasonable opportunity is given to:
        1.  all such members qualified under Paragraph (b) to contest; and
        2.  all such members to vote in,an election of a Parliamentary Leader;

     d.  the Parliamentary Leader is appointable and removable by the majority of such members at elections held at fixed periodic intervals and at least once during the life of each Parliament;

     e.  no such member may be elected and hold office as Parliamentary Leader of the same political party on more than three consecutive occasions, but may subsequently hold office as Parliamentary Leader of that political party.

5. Public Officer.

(1) Each political party shall appoint a member of the party to be the public officer of the party for the purposes of this Law.

(2) An executive officer of a political party is eligible to be appointed the public officer of that political party

(3) The public officer of a political party is responsible, on behalf of the political party, for:

    1. lodging an application to register it or to amend its registration; and
    2. lodging financial returns; and
    3. receiving notifications from the Registrar and the Board; and
    4. performing such other functions as are specified in this Law.

6. Requirement of political party to register.

(1) A political party is required to register under Part III where:

    1.  it intends to nominate a candidate for election to the Parliament; or
    2. it intends to endorse a candidate; or
    3. a member of the political party is a Member of the Parliament.

(2) Subject to Subsection (3), a political party which is not registered under Part III is not eligible:

    1. to nominate a candidate for election to the Parliament; or
    2. to endorse a candidate for election to the Parliament; or
    3. to receive any funding from the Central Fund under this Law.

(3) A political party:

    1. in existence on the date of coming into operation of this Law; and
    2. required by Subsection (1) to register; and
    3. which lodges an application for registration under Section 21(1) within six months of the date of coming into operation of this Law,is deemed to be a registered political party for the period from the date of coming into operation of this Law until:
    4. the date of registration of that political party under Section 26; or
    5. the date of notification of refusal to register that political party under Section 27.

7. Qualifications for registration.

A political party is eligible for registration where:

  1. its objectives, policies or platforms encourage the development of the country as one nation and do not encourage secession; and
  2. subject to Section 3(2), it does not discriminate on the basis of sex, race or religion except to the extent permitted by Section 55(2) (equality of citizens) of the Constitution; and
  3. it is incorporated under the Associations Incorporation Act (Chapter 142); and
  4. its membership is not confined by its constitution to persons from a particular province, region or group; and
  5. its constitution provides for a president, a secretary and a treasurer and such executive officers have been appointed or elected in accordance with its constitution; and
  6. a public officer of the party has been appointed in accordance with Section 5; and
  7. the policies of the party do not encourage any illegal or unlawful purposes; and
  8. the name of the political party does not contain the word “independent”.

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