Will ACT contest the list?

Earlier in the week, ACT refused to disclose its membership numbers to the Electoral Commission, on the spurious grounds that they feared them being "leaked to opponents". But according to Robson-on-politics, they're not just refusing to disclose membership for broadcasting funding:

Will anyone honestly say ACT has 500 members?

ACT yesterday apparently said it won’t obey the law of the land by having of its senior officers sign a Statutory Declaration on the party’s membership. What they meant was ACT can’t find anyone prepared at this time to sign a form saying that it currently has at least 500 current financial members.

If true, this is quite significant. The Statutory Declaration in question is required to register the party under the Electoral Act 1993; such registration is a requirement to contest the list. If no-one is willing to sign it, then ACT cannot contest the list vote or receive any list MPs. It would, in other words, mean electoral oblivion.

Why might people be unwilling to sign? The obvious implication is that they would be making a false declaration - a crime that carries a penalty of up to three year's imprisonment. I guess that prospect would focus the mind somewhat...