Commonwealth Electoral Legislation Amendment Act 1983

Administered by Department of Finance

Legislation au C2004A02861 Not in force Act

Legislation content

Commonwealth Electoral Legislation Amendment Act 1983

No. 144 of 1983

TABLE OF PROVISIONS

Section

1. Short title, &c.

2. Commencement

3. Interpretation

4. Repeal of sections 6 and 7 and substitution of new headings and sections—

Division 1—Preliminarys

6. Interpretation

Division 2—The Australian Electoral Commission

7. Establishment of Commission

7a. Functions and powers of Commission

7b. Tenure and terms of office

7c. Leave of absence

7d. Resignation

7e. Disclosure of interests

7f. Termination of appointment

7g. Acting Chairman

7h. Acting non-judicial appointee

7j. Meetings of Commission

7k. Delegation

7l. Reports by Commission

Division 3—Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States

7m. Electoral Commissioner

7n. Deputy Electoral Commissioner

7o. Australian Electoral Officers for States


TABLE OF PROVISIONS—continued

Section

7p. Terms and conditions of appointment, &c.

7q. Remuneration

7r. Leave of absence

7s. Resignation

7t. Termination of appointment

7u. Acting Electoral Commissioner

7v. Acting Deputy Electoral Commissioner

7w. Delegation by Electoral Commissioner

Division 4—Staff of the Commission

7x. Staff

7y. Australian Electoral Officer for a Territory

7z. Assistant Australian Electoral Officers for States

5. Divisional Returning Officers

6. Assistant Returning Officers

7. Repeal of sections 10, 11 and 12 and substitution of new sections and heading—

10. Assistant Divisional Returning Officers

11. Employment of additional staff, consultants, &c.

Division 5—Miscellaneous

8. Insertion of new section—

15. Offices of Divisional Returning Officers

9. Repeal of Part III and substitution of new Parts—

PART III—REPRESENTATION IN THE PARLIAMENT

Division 1—Choosing of senators for Queensland

16. Senators to be directly chosen by people of State, &c.

Division 2—Representation of the Territories in the Senate

17. Representation of Australian Capital Territory and Northern Territory

18. Powers, privileges and immunities of senator for Territory

19. Term of service of senator for Territory

20. Time of elections of senators for Territories

21. Casual vacancies for places of senators for Territories

Division 3—Representation of the Slates in the House of Representatives

22. Interpretation

23. Ascertainment of numbers of people of Commonwealth and States

24. Supply of statistical information by Australian Statistician

25. Determination of number of members of House of Representatives to be chosen in States

25a. Notification of determination

25b. Number of members of House of Representatives to be chosen in States

Division 4—Representation of the Territories in the House of Representatives

25c. Representation of Australian Capital Territory

25d. Representation of Northern Territory

25e. Powers, privileges and immunities of member for Territory

25f. Time of elections of members for Territories

PART IIIA—ELECTORAL DIVISIONS

25g. Interpretation


TABLE OF PROVISIONS-continued

Section

25h

Overview

The Commonwealth Electoral Legislation Amendment Act 1983, No. 144, was enacted to address the need for updated and streamlined electoral laws in Australia. This Act amends the Commonwealth Electoral Act 1918 by introducing changes to the structure, operation, and oversight of the electoral process. The Act was passed by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, and its primary objective is to enhance the efficiency and integrity of Australia's electoral system. It achieves this by establishing the Australian Electoral Commission to manage and oversee the electoral process, including the registration of political parties and candidates, the conduct of elections, and the handling of electoral disputes. Additionally, the Act includes provisions for the redistribution of electoral divisions, the regulation of election funding and disclosure, and the protection of the electoral process from interference and undue influence.

Scope and Application

The Commonwealth Electoral Legislation Amendment Act 1983 is a Commonwealth Act that amends the Commonwealth Electoral Act 1918, which relates to representation in the Parliament, Parliamentary elections and related matters. This Act applies to the Australian Electoral Commission, electoral officers, political parties, candidates, and all other persons and entities involved in the electoral process, including the conduct of elections and the administration of electoral law. The Act applies to all states and territories of Australia and has a national jurisdictional reach. The Act does not contain any stated exclusions or exemptions. However, certain provisions are applicable only to certain territories or states, and certain provisions are not applicable to Antarctica. The Act extends its application through subordinate instruments, such as regulations and forms, which are detailed in the schedules of the Act.

Key Provisions

  • The Commonwealth Electoral Legislation Amendment Act 1983 (C2004A02861) primarily serves to modify and update various provisions of the Commonwealth Electoral Act 1918 (the Principal Act). Key sections and their requirements include the establishment of the Australian Electoral Commission (AEC) under section 7, which is composed of a Chairman, an Electoral Commissioner, and one other member. The AEC is responsible for conducting elections and ensuring compliance with electoral laws, including managing the electoral rolls and overseeing the conduct of elections. The Act also outlines the terms and conditions for the appointment and tenure of the Electoral Commissioner, Deputy Electoral Commissioner, and Australian Electoral Officers for the States and Territories. The Act details the functions and powers of the AEC, including the authority to delegate certain powers to its members or other officials.
  • The obligations imposed on the AEC and its officers include maintaining the electoral rolls, ensuring accurate and up-to-date voter information, and managing the distribution of electoral divisions. The AEC is required to distribute each State and the Australian Capital Territory into electoral divisions based on population data provided by the Australian Statistician. This process involves determining the quota for each division, inviting public submissions, and making a final determination on the boundaries of electoral divisions. The Act also mandates the AEC to conduct reviews of electoral decisions and provide reports to the Minister.
  • Sections 153v and 153w of the Act detail the offences and penalties for non-compliance with electoral laws. For instance, failure to furnish a required return within the stipulated time is punishable by a fine not exceeding $5,000. Similarly, giving false or misleading information in a claim or return carries a penalty of up to $10,000 or imprisonment for 6 months, or both. Other penalties include fines of up to $1,000 or imprisonment for up to 6 months for various offences such as hindering or interfering with the free exercise of political rights, and contravening provisions related to bribery, undue influence, and the printing of electoral matter.
  • The Act also specifies civil and criminal consequences for breaches. For example, section 153v(3) states that providing false or misleading information in a claim or return is an offence, with penalties including fines of up to $5,000 for natural persons and $10,000 for body corporates. Additionally, section 153w(1) imposes a penalty of $1,000 or imprisonment for 6 months, or both, for failure to comply with a notice to produce documents or give evidence. The Act further outlines specific offences related to ballot papers and electoral procedures, with penalties of up to $1,000 or imprisonment for 6 months, or both. Furthermore, section 153za specifies that non-compliance with the Part does not invalidate an election, emphasizing that the primary purpose of these provisions is to ensure transparency and integrity in electoral processes.
  • Sections 153v and 153w also cover offences related to the misuse of electoral information. For instance, section 153v(1) makes it an offence to fail to furnish a return within the required time, with penalties of up to $5,000 for individuals and $10,000 for body corporates. Section 153w(1) further stipulates that providing false or misleading information in a claim or return is an offence, carrying similar penalties. These provisions ensure that electoral officials and participants adhere to strict standards of accuracy and honesty in their dealings with electoral matters.

Legal classification tags

Area of Law
Electoral Law
Constitutional Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Repeal & Amendment
Delegation & Subordinate Legislation
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers
Prohibited Conduct
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Commonwealth Electoral Legislation Amendment Act 1983 and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.