DEAKIN WEST, AUSTRALIA — It’s official: Despite a number of objections from the public at large, the Australian Sex Party has been registered as a political party by the Australian Electoral Commission.The ASP’s application for official recognition set a precedent for the AEC, which had to consider whether registration of the party offended Section 129(1)(b) of the Commonwealth Electoral Act and whether the name of the party or its abbreviation might have been considered “obscene.” The “obscene name” issue was a first for the commission.
In the end, the AEC determined neither ASP’s name nor common abbreviation was obscene. The results of the commission’s deliberation were recorded in a five-page document entitled “The Meaning of ‘Obscene’ under the Commonwealth Electoral Act 1918.” As it turned out, according to the document, objectors who accused the party of having an obscene name were offended by the AFP’s mission and organizational base, not its name per se. However much objectors may have liked to convince the AEC “orgiastic notions” were invoked by the mere mention of the word “sex,” the AEC found no basis in law for denying the AFP’s application.
Neither was the ASP’s name enough in and of itself to “deprave and corrupt” voters, according to the AEC.
“The name was most likely selected because of the substance and subject matter of many of the party’s key policies, such as the legalisation of marriage for same-sex couples, the introduction of sex education into schools, and the listing of drugs used to treat sexual dysfunction on the Pharmaceutical Benefits Scheme…,” the commission found. “The perception by any member of the public that the name is ‘obscene’ is simply not enough [to deny the application for political party status].”
AFP founder Fiona Patten said she was surprised less by the landmark ruling and the thorough investigation carried out by the AEC than by the public upheaval generated by a non-offensive name.
She also said she was gratified to discover “the AEC cared about free speech and the democratic rights of various groups in the community. [T]he AEC appeared to be able to interpret community opinion on obscenity far better than the major political parties could.
“One of the reasons for establishing the party was to provide a positive platform for sexual issues amongst the negative notions of sex that most politicians and political parties have,” Patten said. “The fact that the AEC spent so much time considering the word ‘sex’ further exhibits our need for honest and open discussion about sexual matters, be they censorship, education, health or discrimination ones.”
Now that the registration process is complete, Patten said the party will devote itself to developing a wide-ranging platform and a detailed policy suite.
“We will also begin the search for suitable candidates for both Senate and House of Reps seats,” she noted.
Regarding candidates, Patten said the party is more inclined to select female candidates of any age who espouse a broadminded and upbeat approach to life and who may also have had a small- or family business background.
The Australian Sex Party may be found online at SexParty.org.au.
