The Fishing Party Mounts Challenge Against AFLP Registration

[Derek Bullock]

From the Fishing Party Website

The Fishing Party
A.B.N: 76 086 236 465
HEAD OFFICE (Federal, NSWState)
11Watts Close
SINGLETON HEIGHTS NSW 2330
Ph/fax 0265 560338 0432252789
Email:sinali@optusnet.com.au
www.thefishingparty.info


August 22, 2007


Attention:
The Australian Electoral Commission
West Block Offices
Queen Victoria Terrace
Parkes ACT 2600


Dear Commissioner

The announcement that the AEC has made a decision to accept and Gazette the application from Australian Fishing and Lifestyle Party to be a registered party and that no further decisions are to be made is of concern to our party along with the legalities this decision now causes.

The Fishing Party made objections to this party application on the main grounds that they were using Federal paid and signed up members of our party as members of this new party. The Fishing Party is not changing its name and is receiving complaints from our supporters who understood that they had signed up to join our party rather than a party named Australian Fishing and Lifestyle Party.

We made quite sure in our objection that this new party was in fact the Queensland state branch of our party who were changing their name not TFP. The majority of TFP members in Qld who signed up for our party did so under a TFP (Qld) constitution that was in force up until July 2006 that depicted the terms of membership.

I include that constitution as an attachment, and highlight the terms in red to show that applicants were indeed signing up to the fed party The Fishing Party and the Queensland state branch in their fee, just like every other TFP member in Australia has done with their application . There are available witnesses to attest to that and it is evident on the signup page of TFP website > http://www.thefishingparty.info/wst_page7.html

I also attach the terms described from TFP (Qld) website which has been taken off air within the last few days.

The current TFP(Qld) Constitution does not give executive authority to change the name of that party even under any emergency policy decision clauses such as in clause 3.6 which states >

3.5 The executive will finalise all matters of policy after due consultation with Members and where appropriate policy will be forwarded to the national body requesting adoption as national policy.
3.6 Emergency policy decisions can be made by the Executive. Any such decision shall be submitted for ratification by special meeting within two months. The Executive shall not make any emergency policy decision which contradicts any policy of the Party already approved by a ballot of members

From the TFP (Qld) Constitution definitions > Policy Frameworks: Each policy of The Fishing Party will have a policy framework as a preamble. These policy frameworks are not to be as broadly general as The Charter of The Fishing Party but are to be sufficiently general to permit people's opinions to differ over the details of the policies.

CHARTER > The Fishing Party is a political party independent of any group or groups in the community, aiming to serve the best interests Australian Recreational Fishers.

It is difficult to understand why the AEC would register a new party that until a few weeks ago when we wrote the objections, the Qld members knew nothing of the change and most still don’t. Evidently it was going to be a secret until the registration was processed and now won’t be finalised without a favorable decision at the TFP (Qld) meeting occurring in September 15th, so the result being a Registered Political Party that is not actually formalised and could be rejected. In our opinion the application should not have been accepted until that occurred.

The other question is in what capacity were the sample tests carried out. Were applicants asked to verify if they were a member of TFP as on the form, TFP (Qld) as the application or AFLP as the new party. As the name on the form was TFP then we suspect applicants would have verified that name as the party and none of the other.

If indeed Australian Fishing and Lifestyle Party is registered under these conditions, in our view it would be seen as perhaps fraudulent and misleading instigating possible legal challenges under objection clauses and also clause 137 of the Commonwealth Electoral Act 1918. If the original application was from TFP (Qld) using TFP(Qld) or AFLP as the party name on membership forms then in our view there would be no legal challenge available from the federal party.

I understand letters are forth coming to our party in regard to the explanations of our objections and we will duly respond again to them.


Yours truly,



Robert Smith
The Fishing Party

[Derek Bullock]

Looks like it ain't all over yet.

[FNQCairns]

Sheesh! and thankyou for the updates EVERYWHERE Derek.

With their dramatic credability problem a person would think the NSW AFP would lie low for a while, hope in the upshot the AFLP wipes the floor with them...... and it will given a bit of time.

cheers fnq

[DR]

i would like to know how many of these 'Members' thought they were joining a Qld party & not one associated with the NSW mob, & how many of these members will join the AFLP as well or instead of??

[kc]

All a bit desperate and like most I wish he would now just go off and do what he does and we can go off and do what we will do.

Of interest, as we have done some more looking is Bob's post on Fishraider, letting all "his" members know to expect contact from the AEC to verify member bona fides. Tells members in NSW, VIC, SA and WA to be ready but does not even mention Qld...simple we are not "his" members.

Also an interesting quote towards the bottom of this objection letter to whit

"If the original application was from TFP (Qld) using TFP(Qld) or AFLP as the party name on membership forms then in our view there would be no legal challenge available from the federal party."


Earth to Bob:::: the vast majority, some 1100 of 1200 are on the membership published in variuos fishing magazines labeled The Fishing Party (Qld) and our original application was TFPQ......so.at least he is right about something.

No legal challenge is available from the (still unregistered) Federal party.

The AEC has dealt with this and have taken legal advice to ensure there is no problems.

Next Saturday the AGM will (I strongly believe based on feedback and many proxies) validate the executives decision and TFPQ will no longer be and this messy divorce will be finalised.

& then!! on with the show.

KC

[Lucky_Phill]

Jeez Bob, get over it and move on.

Thanks Derek and Kev.

Personally, from the very outset I joined The Fishing Party Queensland. I did not join The Fishing Party.

I had no intention of joining an Australia Wide body as I did not know it even existed. I do note that Robert Smith signs off on his letter to the AEC as Robert Smith. The Fishing Party.... what's his position or title ?????? Or is HE The Fishing Party ???

Bring on State of Origin............

I do still believe that an Australia wide lobby group is needed, but it has to be structured to take into consideration the individual needs of each State.

All IMO................only.

Phill

[DR]

Bring on State of Origin............



Phill

c'mon Phill, that is a different thing altogether, it's more serious

& besides, i DO support NSW in that one

[Lucky_Phill]

mmmm Dave, sounds like a wager is on the cards...... ????

Phill

[DR]

mmmm Dave, sounds like a wager is on the cards...... ????

Phill

[Tim_N]

Bob,
You have got be joking! Go and play somewhere else will you.
There is nothing worse than a sore LOSER!
Tim

[Shane Boese]

Next Saturday the AGM will (I strongly believe based on feedback and many proxies) validate the executives decision and TFPQ will no longer be and this messy divorce will be finalised.


KC

KC,

I am not so sure the divorce will be finalised. I emailed the AEC regarding the legal status of my membership and their reply indicates that The Fishing Party and AFLP are officially still parts of the same party. Following is an extract from their reply:

If there is conflict between the two parties claiming the same member, under the Commonwealth Electoral Act it is for the member to choose which party they support.

While it is clear to the Australian Electoral Commission that the two parties are in some conflict, neither party has supplied evidence to the AEC that they have formally separated and are no longer parts of the same party. For example, the Australian Labor Party has 10 separate federal registrations and probably at least 8 registrations at State/Territory level for State/Territory elections. But they are all parts of a single political party. "

Regards,
Communications and Information Strategy Branch
Australian Electoral Commission
National Office Canberra"

Regards,
Shane Boese

[Derek Bullock]

Hmmmmmmmmmmmm. Does that mean that the AFLP, even after the meeting next week ratifies the name, will still be a sub branch of TFP ? ? ? ? ? ? ? ?

I have actually been waiting for someone to do this because I still believe that ALL members of the TFPQ are ACTUALLY members of TFP.

I can see this being fought out in a administrative tribunal hearing.

[Derek Bullock]

Hmmmmmmmmmmmm. Does that mean that the AFLP, even after the meeting next week ratifies the name, will still be a sub branch of TFP ? ? ? ? ? ? ? ?

I have actually been waiting for someone to do this because I still believe that ALL members of the TFPQ are ACTUALLY members of TFP.

I can see this being fought out in a administrative tribunal hearing.

Actually all the AFLP have to do is write to all members and advise them of the new name change and that they are no longer a part of TFP and ask them to change membership to the AFLP.

Good point you have raised there Shane. They may lose a few members through it, like yourself, but it should work.

[Shane Boese]

Actually all the AFLP have to do is write to all members and advise them of the new name change and that they are no longer a part of TFP and ask them to change membership to the AFLP.

Good point you have raised there Shane. They may lose a few members through it, like yourself, but it should work.

Derek I have to agree with you as i have aways said that i am a member of TFP as i signed a AEC form that stated that as did so many others.

Re: Australian Fishing and Lifestyle Party (AFLP) - Application For Registration
Hi Dicko,

The AEC has accepted our constitutional ability to lodge a name change (provided it is ratified by members). This was, as previuosly discussed, an emergency decision (under the terms of our constitution). No such "emergency" exists with respect to our state registration and a name change at that level will be put to members. If, as expected, we go that way then effective 15th September there will no longer be a TFPQ and all members will become members of AFLP.

As for the ABOVE comment by KC
under the Commonwealth Electoral Act it is for the member to choose which party they support."' NOT THE PARTYS AS QUOTED.

Whilst I have no doubt that the Membership Issue is now an administrative one, it is the following statement in the AEC reply that really got my attention.

"neither party has supplied evidence to the AEC that they have formally separated and are no longer parts of the same party"

The implications of which are open to interpretation, but it could reasonably be assumed that once TFP federal registration is completed, the AFLP will still be considered by the AEC to be a part of The Fishing Party - which is contrary to the recent statements being made by KC.

Regards,
Shane Boese

[DR]

in the original letter of application approval it states that you can be a member of two different parties.
So, everyone that was a member of TFPQ send off another application to AFLP so there is no argument as to which party you belong to, then send a letter of resignation to TFP. has to worth $22 to be free of them..get the hell off their books & leave them to flounder in their own s**t