The Australian Sex Party has been officially registered by the Australian Electoral Commission (AEC) following a number of objections from members of the public.

The application set a precedent for the AEC. It had to consider whether registration of the party offended against Section 129(1)(b) of the Commonwealth Electoral Act and whether the name of the party and/or its abbreviation may have been held to be ‘obscene’. This issue has never previously arisen before in Australian electoral history or psephological enquiry.

The AEC’s five page minute entitled The Meaning of ‘Obscene’ under the Commonwealth Electoral Act 1918, determined that the Australian Sex Party’s name was not obscene. The paper stated that the objections the AEC received relating to the party’s policies and its organisational base, were ruled to have been outside the grounds for refusal listed in s.129(1). However those objections that stated that the name ‘Australian Sex Party’ invoked ‘orgiastic notions’ were duly considered with an in-depth analysis of case law and statutes around the issue.

The findings were that the name was unlikely to ‘deprave and corrupt’ voters and that “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 perception by any member of the public that the name is ‘obscene’ is simply not enough.”

Sex Party convenor, Fiona Patten, said that the landmark ruling and the thorough investigation carried out by the AEC were surprising in the first instance, for what was notionally such a non-offensive name, but was evidence that the AEC cared about free speech and the democratic rights of various groups in the community. She said the 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”, she 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”.

Ms Patten said that now the registration process was complete, the party would turn its head to a 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 said the party was more inclined to female candidates, of any age, who had a broadminded and upbeat approach to life and who may also have had a small or family business background.

Fiona Patten

Australian Sex Party: PO Box 181, Deakin West, 2600, ACT. Ph 02 62852477 www.sexparty.org.au

Downloads: The Meaning of ‘Obscene’ under the Commonwealth Electoral Act 1918

Download: AEC statement on ASP - PDF