Commonwealth Electoral Legislation Amendment Act 1983 (Cth)
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—
6. Interpretation
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
7m. Electoral Commissioner
7n. Deputy Electoral Commissioner
7o. Australian Electoral Officers for States
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
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.
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
16. Senators to be directly chosen by people of State, &c.
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
22
. Interpretation23. 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
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
Section
25h. Stales and Australian Capital Territory to be distributed into Electoral Divisions
25i. One member to be chosen for each Electoral Division
25j. Monthly ascertainment of enrolment, &c.
25k. Times at which redistributions are to commence
25l. Redistribution Committee for State
25m. Redistribution Committee for Australian Capital Territory
25n. Proceedings at meetings of Redistribution Committee, &c.
25p. Sub-committees
25q. Suggestions and comments relating to redistribution
25r Quota
25s. Redistribution Committee to make proposed redistribution
25t. Reasons for proposed redistribution
25u. Notice of proposed redistribution
25v. Objections against proposed redistribution
25w. Augmented Electoral Commission
25x. Proceedings at meetings of augmented Electoral Commission, &c.
25y. Consideration of objections
25z. Redistribution of State or Australian Capital Territory
25za. Reasons for determination made by augmented Electoral Commission
25zb. Copies of certain documents to be forwarded to Minister, &c.
25zc. Mini-redistribution
25zd. Decisions under Part final and conclusive, &c.
25ze. Improper influence
10. Repeal of section 26 and substitution of new section—
26. Subdivisions
11. Polling places
12. Change of electors from one Roll to another
13. Electoral rolls
14. Subdivision Rolls, Division Rolls and State and Territory Rolls
15. Repeal of section 31 and substitution of new section—
31. Form of rolls
16. New Rolls to be prepared upon Proclamation
17. Insertion of new section—
33a. New Rolls to be prepared upon creation of new Divisions, Subdivisions, &c.
18. Additions, &c., to new Rolls
19. Objections and notices to have effect in relation to new Rolls
20. Printing of Rolls
21. Repeal of section 37 and substitution of new sections—
37. Inspection, &c., of Rolls
37a. Provision of Rolls and habitation indexes to political parties, &c.
22. Habitation reviews
23. Persons entitled to enrolment and to vote
24. Repeal of sections 39a and 39b and substitution of new sections—
39a. Enrolled voters leaving Australia
39b. Eligibility of spouse or child of eligible overseas elector
39c. Itinerant electors
39d. Application of Part
25. Addition of names to Rolls
26. Claims for enrolment or transfer of enrolment
27. Insertion of new section—
41a. Claims for provisional enrolment
28. Compulsory enrolment and transfer
29. Repeal of sections 43, 44 and 45 and substitution of new section—
43. Registrations of claims
30. Insertion of new section —
46a. Request for address not to be shown on Roll
31. Alteration of Rolls
32. Lists of deaths to be forwarded
33. Lists of convictions to be forwarded
34. Officers to act on receipt of information
35. Insertion of new sections—
51a. Computer records relating to Roll
TABLE OF PROVISIONS—
Section
51b. Application of Part
36. Names on roll may be objected to
37. Objection
38. Duty to object
39. Notice of objection
40. Determination of objection
41. Insertion of new section—
57a. Application of Part
42. Repeal of Part IX and substitution of new Parts—
PART IX—REVIEW OF DECISIONS
58. Reviews by Australian Electoral Officers
58aa. Review by Administrative Appeals Tribunal
58ab. Application of Part
PART IXa—REGISTRATION OF POLITICAL PARTIES
58a. Interpretation
58b. Registration of political parties
58c. Register of Political Parties
58d. Application for registration
58e. Party not to be registered during election
58f. Only Parliamentary parties to be registered during initial period
58g. Parties with certain names not to be registered
58h. Different levels of party may be registered
58j. Variation of application
58k. Publication of notice of application
58l. Registration
58m. Changes to Register
58n. Voluntary de-registration
58p. De-registration of party not endorsing candidates
58q. De-registration of political party on other grounds
58r. De-registration
58s. Inspection of Register
58t. Service of documents
58u. Review of certain decisions
PART IXb—REGISTRATION OF CANDIDATES
58v. Interpretation
58w. Register of Candidates
58x. Notification of candidacy
58y. Notification of candidacy by groups
58z. Registration
58za. Change of particulars in Register
58zb. De-registration of candidates and groups
58zc. Inspection of Register
58zd. Service of documents
43. Insertion of new section—
59aa. Issue of writs for election of Senators for Territories
44. Forms of writs
45. Repeal of sections 60 and 61 and substitution of new sections—
60. Writs for election of Senators
61. Writs for election of Members of House of Representatives
61a. Date for close of Rolls
46. Date of nomination
47. Date of polling
48. Repeal of sections 66 and 67 and substitution of new section—
66. Application of Part
49. Qualifications of Members of House of Representatives
TABLE
OF
Section
50. Repeal of section 70 and substitution of new section—
70. State and Territory members not entitled to be nominated
51. Insertion of new section—
70a. Multiple nominations prohibited
52. Mode of nominations
53. To whom nominations made
54. Grouping of candidates
55. Requisites for nomination
56. Form of consent to act
57. Repeal of section 75 and substitution of new section—
75. Rejection of nominations
58. Deposit to be forfeited in certain cases
59. Place of nomination
60. Insertion of new sections—
85aa. Interpretation 85ab. Postal voting officers
61. Application for a postal vote certificate and postal ballot-paper
62. Insertion of new sections—
86. Registration of general postal voters
86a. Dispatch of electoral materials to registered postal voters
63. Duty of witness
64. Penalty for inducing elector to apply for postal vote
65. Issue of certificate and ballot-papers
66. Inspections of applications
67. Number of applications and certificates
68. Returning Officer to notify issue of postal vote certificate and postal ballot-papers
69. Person claiming to vote, whose name is noted under section 91
70. Authorized witnesses
71. Directions for postal voting
72. Duty of persons present when an elector votes by post
73. Preliminary scrutiny of postal ballot-papers
74. Insertion of new section—
96a. Correction of errors
75. Arrangements for polling
76. Ballot-boxes
77. Certified lists of voters
78. Repeal of sections 104 and 105 and substitution of new section—
104. Ballot-papers
79. Printing of Senate ballot-papers
80. Repeal of sections 105b and 106 and insertion of new sections—
106. Group voting tickets
106a. Ballot-papers for House of Representatives elections
106b. Determination of order on ballot-papers
106c. Political parties, &c., may be indicated on ballot-papers
81. Ballot-papers to be initialled
82. Insertion of new section—
107a. Group voting tickets to be displayed
83. Scrutineers at the polling
84. Provisions relating to scrutineers
85. Persons present at polling
86. The polling
87. Elections at which electors entitled to vote
88. Where electors may vote
89. Repeal of sections 114 and 115 and substitution of new sections—
113a. Interpretation
113b. Mobile booths—hospitals that are polling places
113c. Mobile booths—certain other hospitals
113d. Provisions related to sections 113b and 113c
114. Mobile booths—remote Subdivisions
115. Questions to be put to voter
90. Errors not to forfeit vote
91. Right of elector to receive ballot-paper
92. Vote to be marked in private
TABLE OF PROVISIONS—
Section
93. Assistance to certain voters
94. Vote of person whose name is not on Roll, &c.
95. Voter claiming to vote whose name on Roll has been marked
96. Insertion of new section—
121b. Vote of person whose address is not shown on Roll
97. Spoilt ballot-papers
98. Marking of votes in a Senate election
99. Compulsory voting
100. Insertion of new Part—
128b. Interpretation
128c. Antarctic Returning Officers and Assistant Antarctic Returning Officers
128d. Application of Part XIII to polling in Antarctica
128e. Antarctic electors
128f. Arrangements for the polling in Antarctica
128g. Ballot-papers to be initialled
128h. Candidates not to take part in polling
128j. The polling in Antarctica
128k. Entitlement of Antarctic electors to vote
128l. Questions to be put to voter
128m. Right of Antarctic elector to receive ballot-paper
128n. List of Antarctic electors to be marked
128p. Application of sections 119 and 120
128q. Proceedings by Antarctic Returning Officer upon close of poll
128r. Result of the polling in Antarctica
128s. Preservation of ballot-papers, &c.
128t. Application of Part
101. Scrutineers at scrutiny
102. Informal ballot-papers
103. Insertion of new sections—
133a. Formal votes according to group voting ticket
133b. Certain votes with non-consecutive numbers to be formal
104. Insertion of new section—
134a. Senate ballot-papers deemed to be marked according to group voting tickets
105. Scrutiny of votes in Senate elections
106. Scrutiny of votes in House of Representatives elections
107. Insertion of new sections—
136b. Provisional scrutiny
136c. Scrutiny for information
108. Re-count at Senate elections
109. Insertion of new section—
140a. Re-count of Senate votes to determine order of election in other circumstances
110. Return of writ for election of Senators
111. Declaration of Poll and return of writs for House of Representatives
112. Extension of time
113. Repeal of Part XVI and substitution of new Part—
PART XVI—ELECTION FUNDING AND FINANCIAL DISCLOSURE
145. Interpretation
146. Appointment of agents by parties
147. Appointment of agents by candidates and groups
148. Requisites for appointment
TABLE OF PROVISIONS-continued
Section
149. Revocation of appointment of agent
150. Resignation or death of agent
151. Interpretation
152. General entitlement to funds
153. Claims for payment
153a. Determination of claims
153b. Payment not to be made in certain circumstances
153c. Amount of payment not to exceed electoral expenditure
153d. Making of payments
153e. Death of candidate
153f. Death of member of group
153g. Appropriation
153h. Interpretation
153j. Disclosure of gifts
153k. Expenditure incurred for political purposes
153l. Certain gifts not to be received
153m. Nil returns
153n. Interpretation
153p. Returns of electoral expenditure
153q. Returns by broadcasters
153r. Returns by publishers
153s. Returns by printers
153t. Nil returns
153u. Two or more elections on the same day
153v. Offences
153w. Investigation, &c.
153x. Records to be kept
153y. Inability to complete returns
153z. Non-compliance with Part does not affect election
153za. Public may obtain copies of claims and returns
153zb. Indexation
114. Repeal of sections 154 to 162 (inclusive) and substitution of new sections—
154. Interpretation
155. Officers and scrutineers to observe secrecy
156. Officers not to contravene Act, &c.
157. Officers not to influence vote
158. Bribery
159. Interference with political liberty
160. Printing and publication of electoral advertisements, notices, &c.
161. Misleading or deceptive publications, &c.
162. False statements in relation to Rolls
115. Heading to electoral advertisements
116. Authors of reports, &c., to be identified
117. Matter broadcast or televised
118. Depiction, &c., of certain electoral matter
119. Repeal of sections 164ba and 164bb
120. Cards in polling booth
121. Unlawfully marking ballot-papers
TABLE
OF PROVISIONS—
Section
122. Repeal of section 170 and substitution of new section—
170. Other offences relating to ballot-papers, &c.
123. Prohibition of canvassing near polling booths
124. Duty of witness to claim
125. Failure to transmit claim
126. Protection of the official mark
127. Disorderly behaviour at meeting
128. Insertion of new section—
182. Interpretation
129. Method of disputing elections
130. The Court of Disputed Returns
131. Requisites of petition
132. Insertion of new section—
186a. Petition by Electoral Commission
133. Right of Electoral Commissioner to be represented
134. Powers of Court
135. Inquiries by Court
136. Voiding election for illegal practices
137. Insertion of new section —
194aa. Errors relating to printing of party affiliations
138. Insertion of new sections—
209a. Injunctions
209b. Prosecution of offences
139. Disqualification for bribery and undue influence
140. Electoral matters to be sent free by post
141. Electoral matter may be sent by telegraph
142. Preservation of ballot-papers
143. No State referendum or vote to be held on polling day
144. Regulations
145. Schedule
146. Amendments of Principal Act relating to offences, penalties, &c.
147. Amendments of Principal Act consequential on abolition of certain offices
148. Formal amendments
149. Amendments of Conciliation and Arbitration Act
150. Repeal of Australian Electoral Office Act
151. Repeal of certain Acts
152. Transitional provision—determination of State entitlement
153. Transitional provision—commencement of redistribution of States
154. Transitional provision—commencement of redistribution of Australian Capital Territory
155. Amendments of Administrative Decisions (Judicial Review) Act
156. Transitional provision—conduct of union elections
SCHEDULES
SCHEDULE 1
SCHEDULE TO THE PRINCIPAL ACT
SCHEDULE 2
AMENDMENTS RELATING TO OFFENCES, PENALTIES, &C.
SCHEDULE 3
AMENDMENTS OF PRINCIPAL ACT CONSEQUENTIAL UPON ABOLITION OF CERTAIN OFFICES
SCHEDULE 4 FORMAL AMENDMENTS
TABLE
OF PROVISIONS—
SCHEDULE 5
AMENDMENTS OF THE CONCILIATION AND ARBITRATION ACT
SCHEDULE 6
AMENDMENTS OF THE ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting the definition of “Candidate” and substituting the following definitions:
“‘Abbreviation’, in relation to the name of a political party, includes an alternative name of the party;
“‘Antarctic elector’ means an elector who is entitled under Part XIIIa to be treated as an Antarctic elector;
“‘Approved’ means approved by the Electoral Commission by notice published in the
Gazette; “‘Australian Capital Territory’ includes the Jervis Bay Territory;
“‘Compartment’, in relation to a polling booth, means a compartment constructed in the polling booth in pursuance of section 101;”;
(b) by inserting after the definition of “Elector” the following definitions:
“‘Electoral Commission’ means the Australian Electoral Commission established by section 7;
“‘Electoral Commissioner’ means the Electoral Commissioner referred to in section 7m;
“‘Eligible overseas elector’ means an elector who is entitled under section 39aor 39b to be treated as an eligible overseas elector;
“‘General election’ means a general election of the members of the House of Representatives;
“‘Hospital’ includes a convalescent home or an institution similar to a hospital or to a convalescent home;
“‘Issuing point’, in relation to a polling booth, means a place within the polling booth at which ballot-papers for the Division in which the polling booth is situated are issued to persons voting at the booth;
“‘Itinerant elector’ means an elector who is entitled under section 39c to be treated as an itinerant elector;”;
(c) by omitting the definitions of “Officer” and “Registrar” and substituting the following definitions:
“‘Officer’ includes the Electoral Commissioner, - an Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, an Antarctic Returning Officer, an Assistant Antarctic Returning Officer, a Presiding Officer, a Substitute Presiding Officer, an Assistant Presiding Officer, an Electoral Visitor, a Mobile Polling Team Leader, a Mobile Polling Team Member and a Poll Clerk;
“‘Organization’ includes—
(a) a body corporate;
(b) an association or other body of persons;
(c) an association that consists of 2 or more organizations within the meaning of the preceding paragraphs; and
(d) a part of an organization within the meaning of a preceding paragraph;
“‘Part’, in relation to an organization, includes—
(a) a branch or division of the organization; and
(b) a part of a part of the organization;
“‘Permanent Head’ means a person who is a Permanent Head under the
Public Service Act 1922; “‘Political party’ means an organization the object or activity, or one of the objects or activities, of which is the promotion of the election to the Senate or to the House of Representatives of a candidate or candidates endorsed by it;
“‘Polling booth’ means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place, in pursuance of paragraph 98 (1) (b), for the purpose of taking votes during polling;
“‘Polling place’ means a place appointed as a polling place in pursuance of section 27;
“‘Registered medical practitioner’ means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners;
“‘Registered officer’, in relation to a registered political party, means the person shown on the Register of Political Parties as the registered officer of that party;
“‘Registered political party’ means a political party that is registered under Part IXa;
“‘Register of Political Parties’ means the Register of Political Parties established under section 58c;”;
(d) by omitting “and Assistant Returning Officer” from the definition of “Returning Officer” and substituting “, Assistant Returning Officer and Assistant Divisional Returning Officer”;
(e) by inserting after the definition of “Roll” the following definition:
“‘Special hospital’ means a special hospital within the meaning of section 113c;”; and
(f) by adding at the end thereof the following definition and sub-sections:
“‘Territory’ means the Australian Capital Territory or the Northern Territory.
“(2) For the purposes of this Act, an organization shall be taken to endorse a candidate in an election if a part of the organization, or an organization of which the first-mentioned organization is a part, endorses the candidate in that election.
“(3) A reference in this Act to provisional enrolment shall be read as a reference to enrolment in pursuance of section 41
a. “(4) Where a Division is not divided into Subdivisions, a reference in this Act to a Subdivision shall, in relation to that Division, be read as a reference to that Division.
“(5) In this Act, unless the contrary intention appears—
(a) a reference to a Division shall be read as including a reference to the Northern Territory; and
(b) a reference to a Subdivision shall be read as including a reference to a District of that Territory specified in a notice published under sub-section 26 (1).”.
“6. In this Part—
‘acting Commissioner’ includes a person acting as the Electoral Commissioner;
‘appointed Commissioner’ means the Chairman or the non-judicial appointee;
‘Chairman’ means the Chairman of the Commission;
‘Chief Judge’ means the Chief Judge of the Federal Court of Australia;
‘Commission’ means the Commission established by section 7;
‘Commissioner’ means a member of the Commission, and includes the Chairman;
‘electoral matters’ means matters relating to Parliamentary elections, elections and ballots under the
Conciliation and Arbitration Act 1904 and referendums;‘electoral officer’ means the Electoral Commissioner, the Deputy Electoral Commissioner or an Australian Electoral Officer for a State;
‘eligible Judge’ means a person who is a Judge and has been a Judge for not less than 3 years;
‘Judge’ means a Judge (other than the Chief Judge) of the Federal Court of Australia;
‘non-judicial appointee’ means the Commissioner referred to in paragraph 7 (2) (c);
‘Parliamentary matters’ includes matters relating to the role and functions of the Parliament.
“7. (1) There is established by this section a Commission by the name of the Australian Electoral Commission.
“(2) The Commission shall consist of—
(a) a Chairman;
(b) the Electoral Commissioner; and
(c) one other member.
“(3) The Chairman and the non-judicial appointee shall be appointed by the Governor-General and shall hold office on a part-time basis.
“(4) The person appointed as Chairman shall be a person whose name is included in a list of the names of 3 eligible Judges submitted to the Governor-General for the purposes of this section by the Chief Judge.
“(5) A person shall not be appointed as the non-judicial appointee unless—
(a) he is the holder of an office referred to in paragraph (a) of the definition of ‘office of Permanent Head’ in sub-section 7 (1) of the
Public Service Act 1922; or(b) he is the holder of an office established by or under an Act, being an office that, in the opinion of the Governor-General, is an office having a status equivalent to an office referred to in paragraph (a).
“(6) The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of there being one vacancy in the membership of the Commission.
“7a.
(a) to perform functions that are permitted or required to be performed by or under this Act, not being functions that—
(i) a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; or
(ii) consist of the appointment of a person to an office;
(b) to consider, and report to the Minister on, electoral matters referred to it by the Minister and such other electoral matters as it thinks fit;
(c) to promote public awareness of electoral and Parliamentary matters by means of the conduct of education and information programs and by other means;
(d) to provide information and advice on electoral matters to the Parliament, the Government, Departments and authorities of the Commonwealth;
(e) to conduct and promote research into electoral matters and other matters that relate to its functions;
(f) to publish material on matters that relate to its functions; and
(g) to perform such other functions as are conferred on it by or under any law of the Commonwealth or of a Territory.
“(2) The Commission may perform any of the functions referred to in paragraphs (1) (b) to (f) (inclusive) in conjunction with the electoral authorities of a State or of the Northern Territory.
“(3) The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.
“7b. (1) Subject to this Division, an appointed Commissioner holds office for such period, not exceeding 7 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.
“(2) The Chairman shall cease to be a Commissioner if he ceases to be a Judge.
“(3) Where—
(a) at any time, a person who is the non-judicial appointee holds an office of a kind referred to in paragraph 7 (5) (a);
(b) the person ceases to be the holder of that office; and
(c) the person does not, immediately upon ceasing to hold that office, commence to hold another such office,
the person shall cease to be a Commissioner.
“(4) Where—
(a) a person who was appointed as the non-judicial appointee by virtue of holding an office referred to in paragraph 7 (5) (b) ceases to hold that office; and
(b) the person does not, immediately upon ceasing to hold that office, commence to hold an office of a kind referred to in paragraph 7 (5) (a),
the person shall cease to be a Commissioner.
“(5) An appointed Commissioner holds office on such terms and conditions not provided for by this Act as are determined by the Governor-General.
“7c. The Commission may grant the non-judicial appointee leave of absence from a meeting of the Commission.
“7d. An appointed Commissioner may resign his office by writing signed by him and delivered to the Governor-General.
“7e. (1) A Commissioner or an acting Commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Commission.
“(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Commission and the Commissioner or acting Commissioner shall not, unless the Minister otherwise determines—
(a) be present during any deliberation of the Commission with respect to that matter; or
(b) take part in any decision of the Commission with respect to that matter.
“7f. If the non-judicial appointee—
(a) is absent, except on leave granted by the Commission in accordance with section 7c, from 3 consecutive meetings of the Commission; or
(b) fails, without reasonable excuse, to comply with his obligations under section 7e,
the Governor-General shall terminate the appointment of the non-judicial appointee.
“7g. (1) The Governor-General may appoint a person to act as Chairman—
(a) during a vacancy in the office of Chairman, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairman is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
“(2) The Governor-General may at any time terminate an appointment made under sub-section (1).
“(3) Where a person is acting as Chairman in accordance with paragraph (1) (b) and the office of Chairman becomes vacant while that person is so acting, that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
“(4) The appointment of a person to act as Chairman ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Governor-General.
“(5) While a person is acting as Chairman, he has, and may exercise, all the powers and shall perform all the functions of the Chairman.
“(6) The validity of anything done by or in relation to a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had
ceased to have effect or that the occasion for him to act had not arisen or had passed.
“7h. (1) The Governor-General may appoint a person to act as the non-judicial appointee—
(a) during a vacancy in the office of the non-judicial appointee, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the non-judicial appointee is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
“(2) The Governor-General may at any time terminate an appointment made under sub-section (1).
“(3) Where a person is acting as the non-judicial appointee in accordance with paragraph (1) (b) and the office of the non-judicial appointee becomes vacant while that person is so acting, that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
“(4) The appointment of a person to act as the non-judicial appointee ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Governor-General.
“(5) While a person is acting as the non-judicial appointee, he has, and may exercise, all the powers and shall perform all the functions of the non-judicial appointee.
“(6) The validity of anything done by or in relation to a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had passed.
“7j. (1) The Chairman may, at any time, convene a meeting of the Commission.
“(2) The Chairman shall convene such meetings of the Commission as, in his opinion, are necessary for the efficient performance of its functions.
“(3) At a meeting of the Commission, 2 Commissioners constitute a quorum.
“(4) The Chairman shall preside at all meetings of the Commission at which he is present.
“(5) If the Chairman is not present at a meeting of the Commission, the Commissioners present shall elect one of their number to preside at that meeting.
“(6) Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present and voting.
“(7) The person presiding at a meeting of the Commission has a deliberative vote, and, in the event of an equality of votes, also has a casting vote.
“(8) If, at any meeting of the
Commission at which 2 Commissioners only are present, not being a meeting from
which a Commissioner is absent by reason of section 7e
“(9) The Commission may regulate the conduct of proceedings at its meetings as it thinks fit.
“(10) In this section—
(a) a reference to the Chairman shall, if a person is acting as Chairman, be construed as a reference to the person so acting; and
(b) a reference to a Commissioner shall, if a person is acting as the Chairman, the non-judicial appointee or the Electoral Commissioner, be construed as including a reference to the person so acting.
“7k. (1) The Commission may, by resolution, either generally or as otherwise provided by the resolution, delegate to an appointed Commissioner, an electoral officer or a member of the staff of the Commission all or any of its powers under this Act, other than—
(a) this power of delegation; and
(b) its powers under Part IIIA.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Commission.
“(3) A delegation of a power under this section—
(a) may be revoked by resolution of the Commission (whether or not constituted by the persons constituting the Commission at the time when the power was delegated);
(b) does not prevent the exercise of the power by the Commission; and
(c) continues in force notwithstanding a change in the membership of the Commission.
“(4) Section 34a of the
“(5) A certificate signed by the
Chairman stating any matter with respect to a delegation of a power under this
section is
“(6) A document purporting to be a certificate mentioned in sub-section (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.
“7l. (1) The Commission shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of the operations of the Commission during the year that ended on that 30 June.
“(2) The Commission shall, as soon as practicable after the polling day in—
(a) a general election and any Senate election that had the same polling day as that general election; or
(b) a Senate election (other than a Senate election referred to in paragraph (a)),
prepare and furnish to the Minister a report of the operation of Part XVI in relation to that election or those elections.
“(3) Section 34c of the
“(4) The Minister shall cause a copy of a report furnished to him under sub-section (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he receives the report.
“7m. (1) There shall be an Electoral Commissioner.
“(2) The Electoral Commissioner shall be the chief executive officer of the Commission and shall have such other functions, and such powers, as are conferred upon him by or under any law of the Commonwealth or of a Territory.
“7n. (1) There shall be a Deputy Electoral Commissioner.
“(2) The Deputy Electoral Commissioner shall assist the Electoral Commissioner as directed by him.
“(3) Subject to sub-section (4), the Deputy Electoral Commissioner shall act as the Electoral Commissioner—
(a) during a vacancy in the office of the Electoral Commissioner, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office.
“(4) The Deputy Electoral Commissioner shall not act as the Electoral Commissioner during a vacancy in the office of Electoral Commissioner while a person appointed under section 7u is acting in that office.
“(5) While a person is acting as the Electoral Commissioner, he has, and may exercise, all the powers and shall perform all the functions of the Electoral Commissioner.
“70. (1) There shall be an Australian Electoral Officer for each State who shall, subject to the directions of the Electoral Commission, be the principal electoral officer in the State.
“(2) An Australian Electoral Officer for a State shall have such other functions, and such powers, as are conferred on him by any law of the Commonwealth or of a Territory.
“7p. (1) An electoral officer shall be appointed by the Governor-General.
“(2) Subject to this Act, an electoral officer holds office for such period, not exceeding 7 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.
“(3) A person who has attained the age of 65 years shall not be appointed as an electoral officer and a person shall not be appointed as an electoral officer for a period that extends beyond the day on which he will attain the age of 65 years.
“(4) An electoral officer holds office on such terms and conditions not provided for by this Act as are determined by the Governor-General.
“7q. (1) An electoral officer shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.
“(2) An electoral officer shall be paid such allowances (if any) as are prescribed.
“(3) This section has effect
subject to the
“7r. The Commission may grant leave of absence to an electoral officer on such terms and conditions as to remuneration or otherwise as the Commission determines.
“7s. An electoral officer may resign his office by writing signed by him and delivered to the Governor-General.
“7t. (1) The Governor-General may terminate the appointment of an electoral officer by reason of misbehaviour or physical or mental incapacity.
“(2) If an electoral officer—
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(b) is absent, except on leave granted by the Commission, for 14 consecutive days or for 28 days in any 12 months; or
(c) engages in paid employment outside the duties of his office without the approval of the Commission,
the Governor-General shall terminate the appointment of the electoral officer.
“(3) If the Electoral Commissioner, or the Deputy Electoral Commissioner while acting as the Electoral Commissioner, fails, without reasonable excuse, to comply with his obligations under section 7e, the Governor-General shall terminate his appointment as Electoral Commissioner or Deputy Electoral Commissioner, as the case may be.
“7u. (1) The Governor-General may appoint a person to act as the Electoral Commissioner—
(a) during a vacancy in the office of the Electoral Commissioner, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when—
(i) the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office; and
(ii) no person is acting as the Electoral Commissioner by virtue of holding the office of, or acting as, the Deputy Electoral Commissioner,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
“(2) The Governor-General may—
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting under sub-section (1); and
(b) at any time terminate an appointment made under sub-section (1).
“(3) Where a person is acting as the Electoral Commissioner in accordance with paragraph (1) (b) and the office of the Electoral Commissioner becomes
vacant while that person is so acting, that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
“(4) The appointment of a person to act as the Electoral Commissioner ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Governor-General.
“(5) While a person is acting as the Electoral Commissioner, he has, and may exercise, all the powers and shall perform all the functions of the Electoral Commissioner.
“(6) The validity of anything done by or in relation to a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had passed.
“7v. (1) The Governor-General may appoint a person to act as the Deputy Electoral Commissioner—
(a) during a vacancy in the office of the Deputy Electoral Commissioner, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Deputy Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
“(2) The Governor-General may—
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting under sub-section (1); and
(b) at any time terminate an appointment made under sub-section (1).
“(3) Where a person is acting as the Deputy Electoral Commissioner in accordance with paragraph (1) (b) and the office of the Deputy Electoral Commissioner becomes vacant while that person is so acting, that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
“(4) The appointment of a person to act as the Deputy Electoral Commissioner ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Governor-General.
“(5) While a person is acting as the Deputy Electoral Commissioner, he has, and may exercise, all the powers and shall perform all the functions of the Deputy Electoral Commissioner.
“(6) The validity of anything done by or in relation to a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had passed.
“7w. (1) The Electoral Commissioner may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the Deputy Electoral Commissioner or an Australian Electoral Officer for a State or Territory all or any of his powers under this Act other than—
(a) this power of delegation; and
(b) his powers under Parts III and IIIA.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Electoral Commissioner.
“(3) A delegation under this section does not prevent the exercise of a power by the Electoral Commissioner.
“7x. (1) Subject to sub-section (2), the staff of the Commission shall consist of—
(a) persons appointed or employed under the
Public Service Act 1922 for the purposes of the Commission (including such persons holding offices established by this Division); and(b) persons employed or engaged by the Commission under this Division.
“(2) The Electoral Commissioner has
all the powers of, or exercisable by, a Permanent Head under the
“7y. (1) The Commission shall, for the purposes of each election, appoint an Australian Electoral Officer for each Territory and such an appointment shall terminate upon the completion of the election.
“(2) The Commission may appoint a person to act as Australian Electoral Officer for a Territory during any period, or during all periods, when the
Australian Electoral Officer for the Territory is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office.
“(3) The appointment of a person to act as Australian Electoral, Officer for a Territory ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Commission.
“(4) While a person is acting as Australian Electoral Officer for a Territory, he has, and may exercise, all the powers and shall perform all the functions of the Australian Electoral Officer for the Territory.
“(5) The validity of anything done by or in relation to a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had passed.
“7z. (1) The Commission shall appoint an Assistant Australian Electoral Officer for each State.
“(2) An Assistant Australian Electoral Officer for a State shall assist the Australian Electoral Officer for the State.
“(3) An Assistant Australian Electoral Officer for a State shall act as Australian Electoral Officer for the State—
(a) during a vacancy in the office of Australian Electoral Officer for the State, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Australian Electoral Officer for the State is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office.
“(4) While a person is acting as Australian Electoral Officer for a State, he has, and may exercise, all the powers and shall perform all the functions of the Australian Electoral Officer for the State.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) The Commission may, for the purposes of a particular election or referendum, appoint a person to be an Assistant Returning Officer—
(a) for a portion of a Division; or
(b) at a place outside Australia,
and any such appointment shall terminate upon the completion of the election or referendum.”; and
(b) by omitting sub-sections (1c) and (2).
“10. (1) A person may be appointed to be an Assistant Divisional Returning Officer for a Subdivision.
“(2) A person appointed to be an Assistant Divisional Returning Officer for a Subdivision may, subject to the control of the Divisional Returning Officer for the Division in which the Subdivision is situated, perform the functions and exercise the powers of the Divisional Returning Officer in relation to that Subdivision.
“11. (1) The Commission may, on behalf of the Commonwealth, employ, under agreements in writing—
(a) such temporary staff as the Commission thinks necessary for the purposes of the conduct of an election, referendum, ballot or habitation review; and
(b) such senior executive staff as the Commission thinks necessary to assist the Commission in the performance of its functions and otherwise for the purposes of this Act.
“(2) The Commission may, on behalf of the Commonwealth and with the approval of the Public Service Board, engage, under agreements in writing, persons having suitable qualifications and experience as consultants to, or to perform services for, the Commission.
“(3) The terms and conditions of employment of persons employed under sub-section (1) are such as are from time to time determined by the Commission after consultation with the Public Service Board.
“(4) The terms and conditions of engagement of persons engaged under sub-section (2) are such as are from time to time determined by the Commission with the approval of the Public Service Board.
“(5) For the purposes of Part IV of
the
“15. The office of a Divisional Returning Officer shall, unless the Commission otherwise directs, be located within the Division.”.
“16. (1) Senators for the State of Queensland shall be directly chosen by the people of the State voting as one electorate.
“(2) The Parliament of the State of Queensland may not make laws pursuant to section 7 of the Constitution dividing the State into divisions and determining the number of senators to be chosen for each division.
“17. The Australian Capital Territory and the Northern Territory shall each be represented in the Senate by 2 senators for the Territory directly chosen by the people of the Territory voting as one electorate.
“18. (1) A senator for a Territory has all the powers, privileges and immunities of a senator for a State and—
(a) shall be included in the whole number of the senators for the purpose of ascertaining the number of senators necessary to constitute a meeting of the Senate for the exercise of its powers and, if present, shall be counted for the purpose of determining whether the necessary number of senators are present; and
(b) has a vote on all questions arising in the Senate.
“(2) The provisions contained in sections 16, 19 and 20 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 senator for a Territory, apply, by force of this sub-section, in relation to such a senator in the same way as they apply in relation to a senator for a State.
“19. The term of service of a senator for a Territory commences on the day of his election and expires at the close of the day next preceding the polling day for the general election next following his election.
“20. An election of the senators for each Territory shall be held at the same time as each general election.
“21. (1) If the place of a senator for the Australian Capital Territory becomes vacant before the expiration of his term of service, the members of the Senate and the House of Representatives, sitting and voting together at a joint sitting of the members convened by the Governor-General, shall choose a person to hold the place until the expiration of the term, but if the Parliament is not in session when the vacancy is notified, the Governor-General may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Parliament or the expiration of the term, whichever first happens.
“(2) If the place of a senator for the Northern Territory becomes vacant before the expiration of his term of service, the Legislative Assembly of the Territory shall choose a person to hold the place until the expiration of the term, but if the Legislative Assembly is not in session when the vacancy is notified, the Administrator of the Territory, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Legislative Assembly or the expiration of the term, whichever first happens.
“(3) Where a vacancy has at any time occurred in the place of a senator chosen by the people of a Territory and, at the time when he was so chosen, he was publicly recognized by a particular political party as being an endorsed candidate of that party and publicly represented himself to be such a candidate, a person chosen or appointed under this section in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, shall, unless there is no member of that party available to be chosen or appointed, be a member of that party.
“(4) Where—
(a) in accordance with sub-section (3), a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and
(b) before taking his seat he ceases to be a member of that party (otherwise than by reason of the party having ceased to exist),
he shall be deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with sub-section (5).
“(5) Whenever the place of a senator for a Territory becomes vacant before the expiration of his term of service—
(a) in the case of a senator for the Australian Capital Territory—the President of the Senate shall notify the Governor-General of the vacancy; and
(b) in the case of a senator for the Northern Territory—the President of the Senate shall notify the Administrator of the Northern Territory of the vacancy.
“(6) The name of any senator chosen by the members of the Senate and the House of Representatives under sub-section (1), or chosen or appointed under sub-section (2), shall be certified by the President of the Senate or the Administrator of the Northern Territory, as the case may be, to the Governor-General.
“(7) Except in so far as the contrary intention appears in this section, an expression that is used in this section and in section 15 of the Constitution has, in this section, the same meaning as in section 15 of the Constitution.
“22. In this Division, ‘people of the Commonwealth’ does not include the people of any Territory that is referred to in section 122 of the Constitution.
“23. Where a House of Representatives has continued for a period of 11 months after the day of the first meeting of that House, the Electoral Commissioner shall, within one month after the expiration of the period of 11 months, if that House is still continuing, ascertain the numbers of the people of the Commonwealth and of the several States in accordance with the latest statistics of the Commonwealth.
“24. The Australian Statistician shall, on request by the Electoral Commissioner, supply the Electoral Commissioner with all such statistical information as he requires for the purposes of this Division.
“25. (1) The Electoral Commissioner shall, forthwith after he has ascertained, in accordance with section 23, the numbers of the people of the Commonwealth and of the several States, determine, in accordance with sub-section (2), the number of members of the House of Representatives to be chosen in the several States at a general election.
“(2) The number of members of the House of Representatives to be chosen in the several States at a general election shall, subject to the Constitution, be determined by the Electoral Commissioner in the following manner:
(a) a quota shall be ascertained by dividing the number of people of the Commonwealth, as ascertained in accordance with section 23, by twice the number of the senators for the States;
(b) the number of members to be chosen in each State shall be determined by dividing the number of people of the State, as ascertained in accordance with section 23, by the quota and, if on such division there is a remainder greater than one-half of the quota, one more member shall be chosen in the State.
“(3) Notwithstanding anything
contained in any other law, but subject to the Constitution and to section 39b and Part VII of the
(a) is final and conclusive;
(b) shall not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court or tribunal on any ground; and
(c) is not subject to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, in any court on any ground.
“(4) A determination under sub-section (1) shall be made by instrument in writing.
“25a. (1) The Electoral Commissioner shall, forthwith after he has determined, in accordance with section 25, the number of members of the House of Representatives to be chosen in the several States at a general election—
(a) forward to the Minister a certificate setting out—
(i) the numbers of the people of the Commonwealth and of the several States ascertained by him in accordance with section 23; and
(ii) the number of members of the House of Representatives so determined by him; and
(b) cause a copy of the certificate
to be published forthwith in the
“(2) The Minister shall cause copies of the certificate to be laid before each House of the Parliament within 5 sitting days of that House after he receives the certificate.
“25b. The number of members of the House of Representatives to be chosen in each State at a general election shall be in accordance with the last determination made under sub-section 25 (1) before that general election.
“25c. The representation of the Australian Capital Territory in the House of Representatives shall be by 2 members directly chosen by the people of the Territory.
“25d. The representation of the Northern Territory in the House of Representatives shall be by one member directly chosen by the people of the Territory.
“25e. (1) A member of the House of Representatives chosen in a Territory has all the powers, privileges and immunities of a member of the House of Representatives chosen in a State and—
(a) shall be included in the whole number of the members of the House of Representatives 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 chosen in a Territory, apply, by force of this sub-section, in relation to such a member in the same way as they apply in relation to a member of the House of Representatives chosen in a State.
“25f. An election of the members of the House of Representatives to be chosen in a Territory shall be held at the same time as each general election.
“25g. (1) In this Part—
‘average divisional enrolment’, in relation to a State or the Australian Capital Territory, means—
(a) subject to paragraph (b), the number ascertained by dividing the number of electors enrolled in the State or Territory by the number of Divisions into which the State or Territory is for the time being distributed; or
(b) in a case where the number ascertained in accordance with paragraph (a) includes a fraction—the number so ascertained—
(i) if the fraction is less than one-half—reduced to the nearest whole number; or
(ii) if the fraction is one-half or more—increased to the nearest whole number;
‘Territory’ means the Australian Capital Territory.
“(2) A person—
(a) whose name has been placed on a Roll in pursuance of a claim made under section 41a; and
(b) who has not attained 18 years of age,
shall be taken, for the purposes of this Part, not to be an elector.
“25h. Each State and the Australian Capital Territory shall be distributed into Electoral Divisions.
“251. One member of the House of Representatives shall be chosen for each Electoral Division.
“25j. (1) The Electoral Commissioner shall, forthwith after the end of each month—
(a) ascertain, in respect of each State and the Australian Capital Territory, as at the close of a day in the month, the number of electors enrolled in each Division;
(b) determine, in respect of each State and the Australian Capital Territory, as at the close of that day in the month—
(i) the average divisional enrolment; and
(ii) the extent to which the number of electors enrolled in each Division differs from the average divisional enrolment; and
(c) cause a statement setting out the matters so ascertained and determined to be published forthwith in the
Gazette.
“(2) Nothing in sub-section (1) shall be taken to require a determination under that sub-section to be made in respect of the several States and the Australian Capital Territory as at the close of the same day in a month.
“(3) A determination under sub-section (1) shall be made by instrument in writing.
“25k.
(1) A redistribution of a State or the Australian Capital Territory into
Divisions shall commence whenever the Electoral Commission so directs by notice
published in the
“(2) Subject to sub-sections (3) and (5), a direction under sub-section (1) shall be made in relation to a State—
(a) forthwith after the making of a determination under sub-section 25 (1) that results in an alteration of the number of members of the House of Representatives to be chosen in the State at a general election;
(b) whenever it appears to the Electoral Commission, from statements published under sub-section 25j (1), that more than one-third of the Divisions in the State are, and have, for a period of more than 2 months, been, malapportioned Divisions; and
(c) if a period of 7 years after the day on which the State was last distributed into Electoral Divisions by a determination under sub-section 25z (1) expires, forthwith after the expiration of the period of 7 years,
and not otherwise.
“(3) A direction under sub-section (1) shall not be made in relation to a State by virtue of paragraph (2) (b) or (c)—
(a) if the State is undergoing redistribution into Divisions; or
(b) within one year before the date of expiry of a House of Representatives by effluxion of time.
“(4) If a period of 7 years after the day on which a State was last distributed into Electoral Divisions by a determination under sub-section 25z (1) expires within one year before the date of expiry of a House of Representatives by effluxion of time, sub-section (2) of this section has effect, in relation to the expiration of that first-mentioned period, as if the reference in paragraph (c) to forthwith after the expiration of the period of 7 years were a reference to forthwith after the day of the first meeting of the next following House of Representatives.
“(5) Where—
(a) a direction under sub-section (1) is, but for this sub-section, required by sub-section (2) (including that sub-section as affected by sub-section (4)) to be made in relation to a State at any time within one year after the day of the first meeting of a House of Representatives;
(b) a determination under sub-section 25 (1) has not been made after the day of that first meeting; and
(c) the Electoral Commission is of the opinion that the next following determination under sub-section 25 (1) will or may result in an alteration of the number of members of the House of Representatives to be chosen in the State at a general election,
the
Electoral Commission may, by notice published in the
“(6) Where—
(a) a State is undergoing redistribution into Divisions; and
(b) a direction under sub-section (1) is made in relation to the State by virtue of paragraph (2) (a),
the redistribution of the State into Divisions, being the redistribution referred to in paragraph (a) of this sub-section, is, by force of this sub-section, terminated.
“(7) Subject to sub-section (8), a direction under sub-section (1) shall be made in relation to the Australian Capital Territory—
(a) whenever it appears to the Electoral Commission, from statements published under sub-section 25j (1), that a Division in the Territory is, and has, for a period of more than 2 months, been, a malapportioned Division; and
(b) if a period of 7 years after the day on which the Territory was last distributed into Electoral Divisions by a determination under sub-section 25z (1) expires, forthwith after the expiration of the period of 7 years,
and not otherwise.
“(8) A direction under sub-section (1) shall not be made in relation to the Australian Capital Territory—
(a) if the Territory is undergoing redistribution into Divisions; or
(b) within one year before the date of expiry of a House of Representatives by effluxion of time.
“(9) If a period of 7 years after the day on which the Australian Capital Territory was last distributed into Electoral Divisions by a determination under sub-section 25z (1) expires within one year before the date of expiry of a House of Representatives by effluxion of time, sub-section (7) of this section has effect, in relation to the expiration of that first-mentioned period, as if the reference in paragraph (b) to forthwith after the expiration of the period of 7 years were a reference to forthwith after the day of the first meeting of the next following House of Representatives.
“(10) A reference in this section to a malapportioned Division is a reference to a Division in a State or the Australian Capital Territory in which the number of electors enrolled differs from the average divisional enrolment of the State or Territory to a greater extent than one-tenth more or one-tenth less.
“(11) For the purposes of this section, a State or the Australian Capital Territory is undergoing redistribution into Divisions if—
(a) a redistribution of the State or Territory into Divisions has commenced by virtue of a direction under sub-section (1);
(b) in the case of a State—the redistribution has not been terminated under sub-section (6); and
(c) the State or Territory has not been distributed into Electoral Divisions as a result of the redistribution so commenced.
“25l. (1) For the purposes of each redistribution of a State, the Electoral Commission shall, as soon as practicable after the commencement of the redistribution, appoint, by instrument in writing, a Redistribution Committee for the State.
“(2) Subject to sub-sections (3) and (4), the members of a Redistribution Committee for a State shall be—
(a) the Electoral Commissioner;
(b) the Australian Electoral Officer for the State;
(c) the Surveyor-General for the State; and
(d) the Auditor-General of the State.
“(3) If the Surveyor-General for the State is not available to serve as a member of the Redistribution Committee, the Electoral Commission shall appoint—
(a) in a case where there is a Deputy Surveyor-General for the State who is available to serve as a member of the Redistribution Committee—a Deputy Surveyor-General for the State who is so available; or
(b) in any other case—an officer of the Australian Public Service nominated for the purpose by the Governor-General, being an officer who is, in the opinion of the Governor-General, a senior officer of the Australian Public Service having a status similar to the Surveyor-General for the State,
as a member of the Redistribution Committee in lieu of the Surveyor-General for the State.
“(4) If the Auditor-General of the State is not available to serve as a member of the Redistribution Committee, the Electoral Commission shall appoint—
(a) in a case where there is a Deputy Auditor-General of the State who is available to serve as a member of the Redistribution Committee—a Deputy Auditor-General of the State who is so available; or
(b) in any other case—an officer of the Australian Public Service nominated for the purpose by the Governor-General, being an officer who is, in the opinion of the Governor-General, a senior officer of the Australian Public Service having a status similar to the Auditor-General of the State,
as a member of the Redistribution Committee in lieu of the Auditor-General of the State.
“(5) Subject to sub-section (6), the performance of the functions, and the exercise of the powers, of a Redistribution Committee for a State are not affected by reason only of there being a vacancy, or a change or changes, in the membership of the Redistribution Committee.
“(6) Where, within any period of not more than 30 days (being a period before the making under sub-section 25s (1) of a proposed redistribution of the State by the Redistribution Committee), 2 or more persons who are members of the Redistribution Committee die or become unable, by reason of physical or mental incapacity, to serve or continue to serve as members of the Redistribution Committee, the Electoral Commission shall, by instrument in writing, revoke the appointment of the Redistribution Committee and appoint, for the purposes of the redistribution, another Redistribution Committee for the State in accordance with sub-sections (2), (3) and (4).
“(7) Where, in pursuance of sub-section (6), the Electoral Commission revokes the appointment of a Redistribution Committee for a State and appoints another Redistribution Committee for the State, the provisions of this Part apply as if the first-mentioned Redistribution Committee had never been appointed.
“25m. (1) For the purposes of each redistribution of the Australian Capital Territory, the Electoral Commission shall, as soon as practicable after the commencement of the redistribution, appoint, by instrument in writing, a Redistribution Committee for the Territory.
“(2) For the purposes of the redistribution, the Electoral Commission shall, by instrument in writing, determine which of the Divisional Returning Officers for the Divisions in the Australian Capital Territory is to be the senior Divisional Returning Officer for the Territory.
“(3) Subject to sub-section (4), the members of a Redistribution Committee for the Australian Capital Territory shall be—
(a) the Electoral Commissioner;
(b) the senior Divisional Returning Officer for the Territory;
(c) the Commonwealth Surveyor-General; and
(d) an officer of the Australian Public Service nominated for the purpose by the Governor-General, being an officer who is, in the opinion of the Governor-General, a senior officer of the Australian Public Service.
“(4) If the Commonwealth Surveyor-General is not available to serve as a member of the Redistribution Committee, the Electoral Commission shall appoint—
(a) in a case where there is a Deputy Commonwealth Surveyor-General who is available to serve as a member of the Redistribution Committee—a Deputy Commonwealth Surveyor-General who is so available; or
(b) in any other case—an officer of the Australian Public Service nominated for the purpose by the Governor-General, being an officer
who is, in the opinion of the Governor-General, a senior officer of the
Australian Public Service, as a member of the Redistribution Committee in lieu of the Commonwealth Surveyor-General.
“(5) Subject to sub-section (6), the performance of the functions, and the exercise of the powers, of a Redistribution Committee for the Australian Capital Territory are not affected by reason only of there being a vacancy, or a change or changes, in the membership of the Redistribution Committee.
“(6) Where, within any period of not more than 30 days (being a period before the making under sub-section 25s (1) of a proposed redistribution of the Australian Capital Territory by the Redistribution Committee), 2 or more persons who are members of the Redistribution Committee die or become unable, by reason of physical or mental incapacity, to serve or continue to serve as members of the Redistribution Committee, the Electoral Commission shall, by instrument in writing, revoke the appointment of the Redistribution Committee and appoint, for the purposes of the redistribution, another Redistribution Committee for the Territory in accordance with sub-sections (3) and (4).
“(7) Where, in pursuance of sub-section (6), the Electoral Commission revokes the appointment of a Redistribution Committee for the Australian Capital Territory and appoints another Redistribution Committee for the Territory, the provisions of this Part apply as if the first-mentioned Redistribution Committee had never been appointed.
“25n. (1) The Electoral Commissioner may, at any time, convene a meeting of a Redistribution Committee for a State or the Australian Capital Territory.
“(2) The Electoral Commissioner shall preside at all meetings of a Redistribution Committee at which he is present.
“(3) If the Electoral Commissioner is not present at a meeting of a Redistribution Committee for a State, the Australian Electoral Officer for the State shall preside.
“(4) If the Electoral Commissioner is not present at a meeting of a Redistribution Committee for the Australian Capital Territory, the senior Divisional Returning Officer for the Territory shall preside.
“(5) At a meeting of a Redistribution Committee, 3 members constitute a quorum.
“(6) Questions arising at a meeting of a Redistribution Committee shall be determined by a majority of the votes of the members present and voting.
“(7) The member presiding at a meeting of a Redistribution Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
“(8) A Redistribution Committee may regulate the conduct of proceedings at its meetings as it thinks fit.
“(9) A Redistribution Committee may inform itself on any matter in such manner as it thinks fit and may consult with such persons as it thinks fit.
“(10) The Electoral Commission shall, on request by a Redistribution Committee, supply the Redistribution Committee with all such information, and provide the Redistribution Committee with all such assistance, as it requires for the purposes of this Part.
“25p. (1) A Redistribution Committee for a State or the Australian Capital Territory may, by instrument in writing, appoint sub-committees to assist it.
“(2) A sub-committee shall consist of 3 members of the Redistribution Committee.
“25q.
(1) A Redistribution Committee for a State or the Australian Capital Territory
shall, as soon as practicable after its appointment, by notice published in the
(a) invite written suggestions relating to the redistribution of the State or Territory to be lodged with it within the period of 30 days after the publication of the notice in the
Gazette; and(b) invite written comments, being comments relating to suggestions lodged with it in pursuance of paragraph (a), to be lodged with it within the period of 14 days after the expiration of the period referred to in that paragraph.
“(2) The Redistribution Committee shall, forthwith after the expiration of the period referred to in paragraph (1) (a), cause copies of the suggestions lodged with it in pursuance of that paragraph to be made available for perusal at—
(a) in the case of a redistribution of a State—the office of the Australian Electoral Officer for the State; and
(b) in the case of a redistribution of the Australian Capital Territory—the office of the senior Divisional Returning Officer for the Territory.
“(3) The Redistribution Committee shall consider all of the suggestions and comments lodged with it in pursuance of sub-section (1).
“25r. (1) For the purposes of each redistribution of a State or the Australian Capital Territory, the Electoral Commissioner shall, by instrument in writing, determine, in accordance with sub-section (2), the quota of electors for the State or Territory.
“(2) The quota of electors for a State or the Australian Capital Territory shall be determined by the Electoral Commissioner by dividing the number, as nearly as can be ascertained by him, of electors enrolled in the State or Territory at the expiration of the period of 14 days referred to in paragraph 25q (1) (b) by the number of members of the House of Representatives to be chosen in the State or Territory at a general election and—
(a) if the number so obtained includes a fraction that is less than one-half—reducing that number to the nearest whole number; or
(b) if the number so obtained includes a fraction that is one-half or more—increasing that number to the nearest whole number.
“25s. (1) A Redistribution Committee for a State or the Australian Capital Territory shall, in accordance with sub-sections (2), (3) and (4), make a proposed redistribution of the State or Territory.
“(2) The proposed redistribution shall propose the distribution of the State or Territory into Electoral Divisions equal in number to the number of members of the House of Representatives to be chosen in the State or Territory at a general election.
“(3) In making the proposed redistribution, the Redistribution Committee—
(a) shall, as far as practicable, endeavour to ensure that, 3 years and 6 months after the State or Territory has been redistributed, the number of electors enrolled in each proposed Electoral Division in the State or Territory will be equal; and
To the Australian
Electoral Officer for the (State/Territory] of
We, the
undersigned Electors on the Electoral Roll for the [State/Territory] of
Dated this day of 19 .
Name of Nominator | Place of Living | Subdivision for which enrolled | Number on Roll | Signature of nominator |
I, of consent to the above nomination, and to act if elected,
and declare—
1. That I am qualified under the Constitution and the Laws of the Commonwealth to be elected as a Senator:
2. That I have not consented to act if elected in relation to a nomination in relation to another election under the
Commonwealth Electoral Act 1918 the polling day of which is the polling day of the election in relation to which this declaration is made; and
[That I have consented to act if elected in relation to a nomination in relation to another election under the
Commonwealth Electoral Act 1918 the polling day of which is the polling day of the election in relation to which this declaration is made and that consent has been withdrawn under section 80 of that Act; and)3. That I do not intend to consent to act if elected in relation to a nomination in relation to another election under the
Commonwealth Electoral Act 1918 the polling day of which is the polling day of the election in relation to which this declaration is made.
[Signature of Candidate.]
Witness—
Address —
N.B.—The Candidate’s consent to the nomination and his declaration may be on a separate paper and in any form, but if given on the nomination paper in the above form their sufficiency is not to be questioned.
A nomination must be signed by not less than six persons entitled to vote at the election for which the candidate is nominated.
FORM D Section 71
COMMONWEALTH OF AUSTRALIA
Division
of
To the Divisional
Returning Officer for the Electoral Division of
We, the
undersigned Electors on the Electoral Roll for the Electoral Division of
Dated this day of 19 .
Name of Nominator | Place of Living | Subdivision for which enrolled | Number on Roll | Signature of nominator |
I, of consent to the above nomination, and to act if elected, and declare—
1. That I am qualified under the Constitution and the Laws of the Commonwealth to be elected as a Member of the House of Representatives;
2. That I have not consented to act if elected in relation to a nomination in relation to another election under the
Commonwealth Electoral Act 1918 the polling day of which is the polling day of the election in relation to which this declaration is made; and
[That I have consented to act if elected in relation to a nomination in relation to another election under the
Commonwealth Electoral Act 1918 the polling day of which is the polling day of the election in relation to which this declaration is made and that consent has been withdrawn under section 80 of that Act; and]3. That I do not intend to consent to act if elected in relation to a nomination in relation to another election under the
Commonwealth Electoral Act 1918 the polling day of which is the polling day of the election in relation to which this declaration is made.
[Signature of Candidate.]
Witness—
Address—
N.B. The Candidate’s consent to the nomination and his declaration may be on a separate paper and in any form, but if given on the nomination paper in the above form their sufficiency is not to be questioned.
A nomination must be signed by not less than six persons entitled to vote at the election for which the candidate is nominated.
FORM F Section 104
COMMONWEALTH OF AUSTRALIA
[State/Territory]
of [
Electoral Division
of
Election of one Member of the House of Representatives.
CANDIDATES
CRANE,
JASON. | [ |
WILSON,
BENJAMIN. | |
BROOKMAN,
DANIEL. | |
FRENCH,
SARAH. | |
LOPEZ,
KATH. |
AMENDMENTS RELATING TO OFFENCES, PENALTIES, &c.
Provision | Amendment |
Sub-section 42 (4)................. |
|
Section 46............................... |
|
“Penalty: $1,000.”. | |
Sub-section 85 (3)................. |
|
“Penalty: $1,000 or imprisonment for 6 months, or both.”. | |
Sub-section 87 (1)................. |
|
“Penalty: $500.”. | |
Section 93............................... | (1) Omit the penalty set out at the foot of sub-section (1). |
(2) Omit sub-section (2). | |
(3) Add at the foot thereof the following penalty: | |
“Penalty: $1,000.”. | |
Section 93a............................ | Repeal the section. |
Section 93b............................ |
|
“Penalty: $500.”. | |
Section 94............................... |
|
“Penalty: $1,000.”. | |
Section 94a............................ |
|
“Penalty: $1,000.”. | |
Section 95............................... |
|
“Penalty: $1,000.”. |
Provision | Amendment |
Sub-section 109 (1)............ |
|
| |
Sub-section 128a (12)....... |
|
“Penalty: $50.”. | |
Section 134.......................... |
|
“Penalty: $1,000.”. | |
Sub-section 163 (1)............ |
|
“Penalty: | |
| |
| |
Sub-section 164a (1).......... |
|
“Penalty: | |
| |
| |
Sub-section 164a (2).......... |
|
“Penalty: | |
| |
| |
Sub-section 164b (2).......... |
|
“Penalty: $1,000.” | |
Sub-section 165 (1)............ |
|
“Penalty: $500.”. | |
Section 166.......................... | Repeal the section. |
Sub-section 167 (3)............ |
|
“Penalty: $1,000.”. | |
Sub-section 168 (1)............ |
|
“Penalty: $1,000.”. | |
Section 169.......................... |
|
“Penalty: $1,000 or imprisonment for 6 months, or both.”. | |
Sub-section 171 (1)............ |
|
“Penalty: $500.”. | |
Section 171a....................... |
|
“Penalty: $1,000.”. | |
Section 172.......................... | Omit the penalty set out at the foot thereof, substitute the following penalty: |
“Penalty: $1,000.” | |
Section 173.......................... |
|
“Penalty: $1,000.”. | |
Sub-section 174 (1)............ |
|
“Penalty: $1,000 or imprisonment for 6 months, or both.”. | |
Section 175 | Omit the penalty set out at the foot thereof, substitute the following penalty: |
Provision | Amendment |
“Penalty: | |
| |
| |
Sub-section 176 (1)................ |
|
“Penalty: $1,000.”. | |
Sub-section 177 (1)................ |
|
“Penalty: $500.”. | |
Sub-section 177 (4)................ |
|
| |
Sub-section 177 (5)................ | Omit the sub-section. |
Section 178.............................. | Repeal the section. |
Section 179.............................. |
|
Section 180.............................. |
|
Sub-section 181 (1)................ |
|
“Penalty: | |
| |
| |
Sub-section 181a (1).............. |
|
“Penalty: | |
| |
| |
Section 182.............................. | Repeal the section. |
Paragraph 219 (a)................... | Omit “Four dollars”, substitute “$500”. |
AMENDMENTS OF PRINCIPAL ACT CONSEQUENTIAL UPON ABOLITION OF CERTAIN OFFICES
1. The following provisions of the Principal Act are amended by omitting “Chief Electoral Officer” (wherever occurring) and substituting “Electoral Commissioner”:
Sub-sections 9 (1b) and 128a (13), section 136a, sub-section 137 (2) and sections 138, 209 and 210.
2. The following provisions of the Principal Act are amended by omitting “Commonwealth Electoral Officer” (wherever occurring) and substituting “Australian Electoral Officer”:
Sections 47a and 51 and sub-section 82 (1).
3. The following provisions of the Principal Act are amended by omitting “Commonwealth Electoral Officer for the State” (wherever occurring) and substituting “Australian Electoral Officer”:
Section 80, paragraph 135 (4) (c), sub-section 137 (2), section 138 and sub-sections 140 (1), (2) and (3).
4. The Principal Act is further amended as set out in the following table:
Provision | Amendment |
Section 14.............................. |
|
Section 47a............................ | (1) Omit “direct the Registrar keeping that Roll to”. |
| |
Section 48.............................. |
|
Section 72b............................ |
|
| |
Sub-section 79 (1)................. |
|
Section 94.............................. | Omit “a Registrar,”. |
Sub-section 100 (2).............. |
|
Section 136a......................... |
|
| |
Sub-section 141 (1).............. |
|
Section 173............................ |
|
Section 210............................ |
|
FORMAL AMENDMENTS
Sub-sections 42 (2) and (3) and 57 (1), sections 59, 65, 69, 71, 72a, 72b and 78, sub-section 85 (4), sections 88, 91a, 92, 96, 105a, 111, 112, 121a, 126 and 127, sub-section 128a (5), sections 133, 136 and 136a, paragraph 142 (2) (b) and sections 144, 163, 175, 183, 185, 206, 208, 211, 217 and 218.
Section 186.
Sub-section 85 (4), sections 93b, 96 and 105a, paragraphs 123 (1) (c), 124 (c) and 127 (b), sections 135, 136 and 136a, sub-section 142 (2), and sections 204, 205, 206, 207 and 208.
Sub-section 85 (4), paragraph 92 (1) (g), sub-section 92 (2), paragraph 111 (d), sub-sections 128a (7), (8), (11) and (12), paragraph 135 (4) (b), paragraph 136 (6) (c), and sub-sections 164a (2), 167 (4), and 181a (2).
Provision Amended | Omit— | Substitute— |
Section 51.................................... | the last two preceding sections | sections 49 and 50 |
Sub-section 69 (2)...................... | the last preceding sub-section | sub-section (1) |
Sub-section 88 (1a).................... | the last preceding sub-section | sub-section (1) |
Sub-section 91a (1).................... | the last preceding section | section 91 |
Sub-section 92 (2)...................... |
| paragraph (1) (e) or (f) |
| paragraph (1) (e) or (f) | |
Paragraph 93 (1) (b)................... | the preceding section | section 92 |
Section 93b.................................. |
| paragraph 92 (1) (d) or (f) |
Paragraph 95 (b)......................... | paragraph (f) of section ninety-two | paragraph 92 (1) (f) |
Section 96.................................... | sub-section (2) of section ninety-two | sub-section 92 (2) |
Sub-section 120 (2).................... | the last preceding sub-section | sub-section (1) |
Sub-section 128a (8).................. | either of the last two preceding sub-sections | sub-section (6) or (7) |
Paragraph 131 (b)....................... | the preceding section | section 130 |
Sub-section 133 (1).................... | of this Act, and | , and |
Paragraph 135 (1) (h)................. | paragraph (d) of this sub-section | paragraph (d) |
Sub-section 136 (8).................... | the last preceding sub-section | sub-section (7) |
Paragraph 1 36a (d).................... | sub-section (2) of section ninety-two | sub-section 92 (2) |
Paragraph 142 (2) (a)................. | sub-section (2) of section ninety-two | sub-section 92 (2) |
Paragraph 171 (2) (b)................. | the last preceding sub-section | sub-section (1) |
Sub-section 177 (4).................... |
| sub-section (3) |
Section 180.................................. | the preceding section | section 179 |
Section 187.................................. | the preceding sections | sections 185, 186 and 186a |
Sub-section 217 (5).................... | the last preceding sub-section | sub-section (4) |
AMENDMENTS OF THE CONCILIATION AND ARBITRATION ACT
Provision | Amendment |
Section 45.................................... | Omit sub-section (3l), substitute the following sub-section: “(3l) Before giving a direction under
paragraph (3k) (c) relating to
the conduct of a ballot, the Commission shall consult with the Industrial
Registrar or, if the Electoral Commissioner is to arrange for the conduct of
the ballot, with the Electoral Commissioner or an electoral officer within
the meaning of Part II of the |
Sub-section 45a (2).................... |
|
Sub-section 158k (2).................. | Omit paragraph (c), substitute the following paragraph:
|
Provision | Amendment |
Section 165a........................... |
|
Sub-section 170 (5)................ |
|
AMENDMENTS OF THE ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT
Provision | Amendment |
Schedule 1.................................. | Add at the end thereof the following paragraph:
|
Schedule 2.................................. | Omit paragraph (n). |
1. No. 27, 1918. For previous amendments, see No. 31, 1919; No. 14, 1921; No. 14, 1922; No. 10, 1924; No. 20, 1925; No. 17, 1928; No. 2, 1929; No. 9, 1934; No. 19, 1940; No. 42, 1946; No. 17, 1948; Nos. 10 and 47, 1949; No. 106, 1952; No. 79, 1953; No. 26, 1961; No. 31, 1962; Nos. 48 and 70, 1965; Nos. 32 and 93, 1966; No. 7, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 38, 1974; No. 56, 1975; Nos. 14 and 116, 1977; No. 19, 1979; Nos. 102 and 155, 1980; No. 176, 1981 (as amended by No. 26, 1982); No. 80, 1982; and No. 39, 1983.
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