Commonwealth Electoral Amendment Act 1977 (Cth)

COMMONWEALTH ELECTORAL AMENDMENT ACT 1977

No. 14 of 1977

An Act to amend Part III of the Commonwealth Electoral Act 1918.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title, &c.

1. (1) This Act may be cited as the Commonwealth Electoral Amendment Act 1977.

(2) The Commonwealth Electoral Act 1918 is in this Act referred to as the Principal Act.

Commencement.

2. (1) This Act shall come into operation on the day on which the Representation Amendment Act 1977 comes into operation.

(2) A provision inserted in the Principal Act by a section of this Act shall come into operation on the date of commencement of this Act.

Parts.

3. Section 4 of the Principal Act is repealed.

4. Before section 15 of the Principal Act the following section is inserted in Part III:—

Definition.

“14a. In this Part, ‘determination’ means a determination made under section 9 of the Representation Act 1905.”.

Distribution Commissioners.

5. Section 16 of the Principal Act is amended by omitting from sub-sections (1) and (2) the word “may” and substituting the word “shall”.

Suggestions relating to distribution.

6. Section 18a of the Principal Act is amended by inserting in sub-section (1), after the word “shall,”, the words “as soon as practicable after they have been appointed,”.

Matters to be considered in distribution of a State.

7. Section 19 of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(2) A proposed distribution of a State shall be such that no large Division contains a greater number of electors than—

(a) if there are two or more small Divisions—the number of electors contained in whichever of those small Divisions contains the least number of electors; or

(b) if there is only one small Division—the number of electors contained in that Division.

“(3) In sub-section (2)—

‘large Division’ means a proposed Division having an area of 5,000 square kilometres or more;

‘small Division’ means a proposed Division having an area of less than 5,000 square kilometres.”.

Report of Distribution Commissioners.

8. Section 23 of the Principal Act is amended by omitting the word “immediately” and substituting the words “as soon as practicable”.

Proclamation of Divisions.

9. Section 24 of the Principal Act is amended—

(a) by omitting from sub-section (1) the word “may” and substituting the words “shall, as soon as practicable thereafter, whether or not a dissolution or prorogation of the Parliament or a dissolution or expiration of the House of Representatives has since occurred,”; and

(b) by inserting in the proviso to sub-section (1), after the words “such election”, the words “, other than an election to which sub-section (2) of section 25a applies,”.

Redistribution.

10. Section 25 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-sections:—

“(2) A Proclamation for the purposes of sub-section (1)—

(a) shall be made forthwith after the making of a determination that results in an alteration in the number of Members of the House of Representatives to be chosen for the State; and

(b) may be made—

(i) whenever in one-fourth of the Divisions of the State the number of electors differs from a quota ascertained in accordance with this Part to a greater extent than one-tenth more or one-tenth less; and

(ii) at such other times as the Governor-General thinks fit.

“(3) A Proclamation directing the re-distribution of a State into Divisions may be made under sub-section (2) not withstanding that, at the time when it is made, a re-distribution of that State has been directed by an earlier Proclamation and, in such a case, the later Proclamation does not prevent sections 16 to 24 (inclusive) from continuing to apply for the purposes of the re-distribution directed by the earlier Proclamation.

“(4) A Proclamation shall not be made in relation to a State by virtue of sub-paragraph (i) of paragraph (b) of sub-section (2) within a period of 7 years after the last making of a Proclamation in relation to that State under sub-section (1) of section 24.”.

11. After section 25 of the Principal Act the following section is inserted in Part III:—

Elections at large.

“25a. (1) Where, for the purposes of a general election of Members of the House of Representatives, a State is not distributed into Divisions equal in number to the number of Members of that House to be chosen for that State in accordance with the relevant determination applicable to that election, that State shall be one electorate for the purposes of that election.

“(2) For the purposes of an election to fill a vacancy in a House of Representatives, being an election in a State that was one electorate for the purposes of the election of that House, that State shall be one electorate.

“(3) In sub-section (1), ‘general election’ means an election that is an ordinary general election for the purposes of the Representation Act 1905, and includes any general election to which sub-section (1) of section 9 of the Representation Amendment Act 1977 applies.”.