Australian Capital Territory Representation (House of Representatives) Act 1973 (Cth)

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 1973 [Note: This Act is "repealed" by Act No. 144 of 1983]
(#DATE 31:05:1981)

Compilation Information 

- Reprinted as at 31 May 1981

*1* The Australian Capital Territory Representation (House of
Representatives)

Act 1973 (a) as shown in this reprint comprises Act No. 111, 1973 as amended
by

the other Acts specified in the following table:

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Application,

                                                                   saving

                          Number   Date        Date of             or

transitional

    Act                   and year of Assent   commencement        provisions

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Australian Capital

    Territory

    Representation

    (House of

    Representatives)

    Act 1973              111, 1973 16 Oct 1973 16 Oct 1973

    Statute Law

    Revision Act 1973     216, 1973 19 Dec 1973 31 Dec 1973        Ss. 9 (1)
and 10

    High Court of

    Australia

    (Consequential

    Provisions) Act

    1980                  155, 1980

                                   19 Sept 1980 19 Sept 1980       -

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(a)  This citation is provided for by the Amendments Incorporation Act 1905

and the Acts Citation Act 1976.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - TABLE OF PROVISIONS 
TABLE

                             TABLE  OF  PROVISIONS


Section

  1.        Short title

  2.        Commencement

  3.        Repeal and savings

  4.        Interpretation

  5.        Representation of the Territory

  6.        Electoral Divisions

  7.        Quota

  8.        Distribution Committee

  9.        Proceedings at meetings

  10.       How division to be made

  11.       Suggestions relating to division

  12.       Notice of proposed division

  13.       Suggestions and objections

  14.       Attempting to influence Committee

  15.       Report of Distribution Committee

  16.       Report, &c., to be laid before Parliament

  17.       Proclamation of Divisions

  18.       Powers, immunities and privileges of member

  19.       Application of Commonwealth Electoral Act 1918-1973

  20.       Election to be held at time of House of Representatives elections

  21.       Lodging and hearing of petitions

  22.       Regulations



                                    SCHEDULE



                                 ACTS  REPEALED

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - LONG TITLE 
SECT

An Act to provide for the Representation in the House of Representatives of
the Australian Capital Territory and the Jervis Bay Territory

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 1. 
Short title 
SECT

  1. This Act may be cited as the Australian Capital Territory Representation
(House of Representatives) Act 1973.*1*


See notes to first article of this CHAPTER.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 2. 
Commencement 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*


See notes to first article of this CHAPTER.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 3. 
Repeal and savings 
SECT

  3. (1) The Acts specified in the Schedule are repealed.   (2)
Notwithstanding the repeal effected by sub-section (1), the provisions of the
repealed Acts, and of the regulations under those Acts, continue to apply to
and in relation to the representation, until the first expiry or dissolution
of the House of Representatives that occurs after the commencement of this
Act, of the Territory in that House.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 4. 
Interpretation 

Amended by No. 216, 1973, s. 3

SECT

  4. In this Act-



  ''division'' includes re-division;



  ''the Territory'' means the Australian Capital Territory and the Jervis Bay
Territory.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 5. 
Representation of the Territory 
SECT

  5. The representation of the Territory in the House of Representatives shall
be by two members elected in accordance with this Act.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 6. 
Electoral Divisions 
SECT

  6. (1) The Territory shall be divided into two Electoral Divisions and one
member of the House of Representatives shall be chosen for each Division.


  (2) The first division of the Territory into Electoral Divisions shall be
made before the first general election of members of the House of
Representatives that occurs after the commencement of this Act.


  (3) A re-division of the Territory into Electoral Divisions shall be made
whenever the Governor-General so directs.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 7. 
Quota 

Amended by No. 216, 1973, s. 3

SECT

  7. The Chief Australian Electoral Officer shall, whenever necessary,
ascertain a quota of electors by dividing the whole number of electors of the
Territory, as nearly as can be ascertained, by two.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 8. 
Distribution Committee 
SECT

  8. (1)  For the purposes of each division of the Territory into Electoral
Divisions, the Governor-General shall appoint a Distribution Committee
consisting of three persons.


Amended by No. 216, 1973, s. 3


SECT

  (2) Of the members of the Distribution Committee-



  (a)  one shall be the Chief Australian Electoral Officer or a person having
similar qualifications; and



  (b)  one shall be the Surveyor-General for the Commonwealth or a person
having similar qualifications.


  (3) The Governor-General may appoint one of the members of the Distribution
Committee to be Chairman.


  (4) The members of the Distribution Committee shall hold office during the
pleasure of the Governor-General.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 9. 
Proceedings at meetings 
SECT

  9. (1) At a meeting of the Distribution Committee, the Chairman shall
preside if he is present.


  (2) In the absence of the Chairman from a meeting of the Distribution
Committee, the members of the Committee present shall appoint one of their
number to preside at that meeting.


  (3) At a meeting of the Distribution Committee, two members of the Committee
form a quorum.


  (4) Questions arising before the Distribution Committee shall be decided by
a majority of votes.


  (5) In the event of an equality of votes, the member of the Distribution
Committee presiding at the meeting has a casting vote in addition to a
deliberative vote.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 10. 
How division to be made 
SECT

  10. (1) The Distribution Committee shall make a proposed division of the
Territory into two Electoral Divisions in accordance with this section.


  (2) In making the proposed division the Distribution Committee shall give
due consideration, in relation to each proposed Electoral Division, to-



  (a)  community of interests within the Division, including economic, social
and regional interests;



  (b)  trend of population changes; and



  (c)  physical features,



and subject thereto the quota of electors shall be the basis for the division,
and the Distribution Committee may adopt a margin of allowance but so that the
quota shall not be departed from to a greater extent than one-fifth more or
one-fifth less.


  (3) The whole of the Jervis Bay Territory shall be included in one of the
Divisions.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 11. 
Suggestions relating to division 
SECT

  11. (1) Before making a proposed division of the Territory, the Distribution
Committee shall, by notice published in the Gazette-



  (a)  invite suggestions in writing to be lodged with the Committee, within
thirty days after the publication of the notice, relating to the division of
the Territory into Electoral Divisions; and



  (b)  invite comments in writing to be lodged with the Committee, within
fourteen days after the expiration of the period referred to in paragraph (a),
relating to any suggestions received by the Committee in pursuance of that
paragraph.


Amended by No. 216, 1973, s. 3


SECT

  (2) Immediately after the expiration of the period referred to in paragraph
(1) (a), the Committee shall make available for perusal at the office of the
Chief Australian Electoral Officer copies of any suggestions lodged with the
Committee in pursuance of that paragraph.


  (3) The Committee shall consider any suggestions and comments lodged with it
in pursuance of sub-section (1) before making the proposed division.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 12. 
Notice of proposed division 

Amended by No. 216, 1973, s. 3

SECT

  12. After the Distribution Committee has made a proposed division of the
Territory, it shall-



  (a)  cause a map with a description of the boundaries of each of the
proposed Electoral Divisions to be exhibited at Post Offices in the Territory
and invite public attention to that map by notice published in the Gazette;
and



  (b)  make available for perusal at the office of the Chief Australian
Electoral Officer copies of any comments lodged with the Distribution
Committee in pursuance of paragraph 11 (1) (b).

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 13. 
Suggestions and objections 
SECT

  13. Suggestions or objections in writing may by lodged with the Distribution
Committee not later than thirty days after the publication of the notice in
the Gazette under section 12 and the Committee shall consider all suggestions
and objections so lodged before making its report under section 14, and may
alter its proposals as a result of that consideration.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 14. 
Attempting to influence Committee 
SECT

  14. Except as provided by section 11 or 13, a person shall not, by writing
sent to a Distribution Committee or a member of such a Committee, or by words
spoken to or in the presence of such a member, seek to influence the Committee
or a member of the Committee in the performance of duties or functions under
this Act.


  Penalty: One hundred dollars.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 15. 
Report of Distribution Committee 
SECT

  15. (1) The Distribution Committee shall, as soon as practicable after the
expiration of the period of thirty days referred to in section 13, forward to
the Minister a report of its proposals for the division of the Territory into
Electoral Divisions, together with a map signed by the members of the
Committee showing the boundaries of each proposed Electoral Division.


  (2) The report shall state, as nearly as can be ascertained, the number of
electors residing in each proposed Electoral Division and shall be accompanied
by copies of the suggestions, comments and objections (if any) lodged with the
Committee in pursuance of sections 11 and 13.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 16. 
Report, &c., to be laid before Parliament 
SECT

  16. A copy of the report and map, and of the suggestions, comments and
objections (if any), shall be laid before each House of the Parliament within
five sitting days of that House after the receipt of the report by the
Minister.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 17. 
Proclamation of Divisions 
SECT

  17. (1) If both Houses of the Parliament pass a resolution approving of the
proposed division, the Governor-General may by proclamation declare the names
and boundaries of the Electoral Divisions, and, subject to this section, those
Divisions shall until altered be the Electoral Divisions for the Territory.


  (2) Until the next ensuing dissolution or expiration of the House of
Representatives, a re-division shall not affect the election of a new member
to fill a vacancy happening in the House of Representatives; but for the
purposes of any such election the Electoral Divisions as previously existing,
and the Rolls in respect of those Divisions, shall continue to have full force
and effect, notwithstanding that new Rolls for the new Divisions have been
prepared.


  (3) If either House of the Parliament passes a resolution disapproving of
the proposed division, or negatives a motion for the approval of the proposed
division, the Minister may direct the Distribution Committee to propose a
fresh division of the Territory into Electoral Divisions.


  (4) The Distribution Committee shall thereupon reconsider the matter, and
forthwith propose a fresh division, but for that purpose it is not necessary
to cause action provided for by sections 11 and 12 to be taken.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 18. 
Powers, immunities and privileges of member 
SECT

  18. (1) A member of the House of Representatives elected in respect of an
Electoral Division of the Territory has all the powers, immunities and
privileges of a member representing an Electoral Division of a State and-



  (a)  shall be included in the whole number of the members of the House for
the purpose of ascertaining the number of members necessary to constitute a
meeting of the House for the exercise of its powers and, if present, shall be
counted for the purpose of determining whether the necessary number of members
are present; and



  (b)  has a vote on all questions arising in the House.


  (2) The provisions contained in sections 32, 33, 37 and 38 and sections 42
to 48 (inclusive) of the Constitution, to the extent, if any, to which they do
not apply, by virtue of the Constitution, in relation to a member of the House
of Representatives in respect of an Electoral Division of the Territory apply,
by force of this Act, in relation to such a member in the same way as they
apply in relation to other members of that House.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 19. 
Application of Commonwealth Electoral Act 1918-1973 
SECT

  19. Subject to this Act, the provisions of the Commonwealth Electoral Act
1918-1973 apply, with such exceptions and subject to such modifications and
adaptations as are prescribed, to and in relation to an election in respect of
an Electoral Division of the Territory as if that Electoral Division were an
Electoral Division of a State.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 20. 
Election to be held at time of House of Representatives elections 
SECT

  20. At the time of each general election of members of the House of
Representatives, an election of members in accordance with this Act shall be
held.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 21. 
Lodging and hearing of petitions 

Sub-section (1) amended by No. 155, 1980, s. 4

SECT

  21. (1) Any petition disputing an election in respect of an Electoral
Division of the Territory may be lodged with the Registrar of the High Court,
and upon being so lodged, shall, for the purposes of the Commonwealth
Electoral Act 1918-1973, be deemed to be duly filed.


  (2) Upon an application being made by a party to the petition, the High
Court shall have jurisdiction-



  (a)  to hear and decide the petition; or



  (b)  to refer the petition for hearing to the Supreme Court of the
Australian Capital Territory,



and may take such other action as in the circumstances it deems necessary.


  (3) If the High Court refers the petition for hearing to the Supreme Court
of the Australian Capital Territory, that Court has jurisdiction to hear and
decide the petition.


  (4) An appeal lies from the Supreme Court of the Australian Capital
Territory to the High Court against the decision of the Supreme Court upon any
question of law, or of mixed law and fact, arising in connexion with a
petition heard by the Supreme Court.

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SECT. 22. 
Regulations 
SECT

  22. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which by this Act are required or permitted to be
prescribed, or which are necessary or convenient to be prescribed for giving
effect to this Act.


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AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (HOUSE OF REPRESENTATIVES) ACT 
1973 - SCHEDULE 
SCH

                                    SCHEDULE

                                                                       Section
3 

                                 ACTS  REPEALED



    Australian Capital Territory Representation Act 1948

    Australian Capital Territory Representation Act 1949

    Australian Capital Territory Representation Act 1959

    Australian Capital Territory Representation Act (No. 2) 1959

    Australian Capital Territory Representation Act 1966

    Australian Capital Territory Representation Act 1973



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