Senate Elections Act 1903

Legislation au C1903A00002 Not in force Act

Legislation content

SENATE ELECTIONS.

 

No. 2 of 1903.

An Act to make further provision for the Election of Senators.

[Assented to 15th July, 1903.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows: —

Short title.

1. This Act may be cited as the Senate Elections Act 1903.

Incorporation.

2. This Act shall be incorporated and read as one with the Commonwealth Electoral Act 1902.

Definitions.

3. In this Act—

“Casual vacancy” means a vacancy in the place of a Senator occurring before the expiration of his term of service.

“Periodical vacancy” means a vacancy in the Senate occurring at the expiration of the term of service of a Senator.

Application of Act.

4. When at an election of Senators for a State to fill periodical vacancies one or more Senators are to be elected to fill casual vacancies the provisions of this Act shall apply.

Conduct of election.

5. The election of Senators to fill the periodical vacancies and of Senators to fill the casual vacancies shall be conducted as one election of Senators.

Number of candidates to be elected.

See Principal Act, ss. 106,107,108, 150.

6. The number of candidates required to be elected at the election shall be the whole number required to fill the periodical and the casual vacancies.

The writ.

See Principal Act, s. 86.

7. The writ for the election may be in the form in Schedule A to this Act.

Nominations.

See Principal Act, s. 99.

8. Nominations may be in the form in Schedule B to this Act.

The Scrutiny.

See Principal Act, s. 161.

9.—(1.) Those of the elected candidates, to the number of the periodical vacancies, who receive the greatest number of votes shall be elected to fill the periodical vacancies.

(2.) In the event of an equality of votes between two or more elected candidates, not all of whom can be elected to fill the periodical


vacancies, the Commonwealth Electoral Officer for the State shall give a casting vote for the purpose of deciding which of them shall be elected to fill the periodical vacancies.

(3.) The elected candidates who are not elected to fill the periodical vacancies shall be elected to fill the casual vacancies.

The return of the writ.

See Principal Act, s. 165.

10. The Commonwealth Electoral Officer shall—

(a) In declaring the result of the election, declare the names of the candidates elected to fill periodical vacancies, and the names of the candidates elected to fill casual vacancies; and

(b) In certifying by indorsement on the original writ the names of the candidates elected, certify which of them are elected to fill periodical vacancies, and which of them are elected to fill casual vacancies.

Court of Disputed Returns.

See Principal Act, s. 197.

11. The powers of the Court of Disputed Returns in respect of any petition disputing the election or return,…

Overview

The Senate Elections Act 1903 was enacted to address the need for further provisions concerning the election of Senators in Australia. This Act was passed by the Parliament of the Commonwealth of Australia and incorporated with the Commonwealth Electoral Act 1902. Its primary objective is to regulate the process of electing Senators, ensuring both periodical and casual vacancies in the Senate are appropriately filled. The Act provides detailed guidelines on how elections for Senators should be conducted, including the number of candidates to be elected, the conduct of the election, and the process for the return of the writ. It also outlines the roles and responsibilities of the Commonwealth Electoral Officer and the Court of Disputed Returns in managing these elections. This legislative framework ensures a structured and lawful process for the election of Senators, thereby maintaining the integrity and functionality of the Senate.

Scope and Application

The Senate Elections Act 1903 applies to the conduct of elections for Senators in Australia, specifically addressing both periodical and casual vacancies within the Senate. It applies to individuals or entities participating in the election process, including candidates, electors, and electoral officers. The Act is integrated with the Commonwealth Electoral Act 1902, indicating that its provisions supplement and should be read in conjunction with that principal legislation. The Act has a national jurisdictional reach, applying across all states within the Commonwealth of Australia. The Act does not explicitly outline exclusions or exemptions; however, it operates within the broader framework of the Commonwealth Electoral Act 1902, which may contain such provisions. The scope of the Act can be further extended or clarified through subordinate instruments, such as regulations or forms prescribed under the principal Act.

Key Provisions

  • The Senate Elections Act 1903, as incorporated with the Commonwealth Electoral Act 1902, provides a framework for the election of Senators to fill both periodical and casual vacancies. It sets out the process by which elections are conducted, the number of candidates to be elected, and the format for the writ, nominations, and scrutiny of votes (sections 2, 5, 6, 7, 8). Under this Act, the election of Senators is conducted as one election, with the number of candidates required to be elected being the whole number necessary to fill both the periodical and casual vacancies (section 6). The writ for the election can be in the form specified in Schedule A, and nominations must be in the form specified in Schedule B (sections 7, 8). The scrutiny of votes is conducted in accordance with the Commonwealth Electoral Act 1902 (section 9).
  • The Act imposes several obligations on the Commonwealth Electoral Officer and candidates. The Commonwealth Electoral Officer must declare the results of the election, stating the names of the candidates elected to fill the periodical and casual vacancies, and must certify these results on the original writ (section 10). If there is an equality of votes between candidates, the Commonwealth Electoral Officer must cast a deciding vote to determine who will fill the periodical vacancies (section 9(2)). Candidates must consent to their nomination in the manner specified in the Act, and their consent can be included on the nomination form (section 8).
  • Breach of any requirement or provision of the Act can lead to various consequences. The Court of Disputed Returns has the authority to address petitions disputing the election or return, including the power to declare that a candidate who was not returned as elected was indeed elected to fill a vacancy (section 11). However, the Act itself does not specify the penalties for such breaches; these would be determined under the general provisions of the Commonwealth Electoral Act 1902. The Court of Disputed Returns' decisions can have significant implications for the composition of the Senate, as they can alter the outcome of the election in cases of disputes.

Legal classification tags

Area of Law
Constitutional Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Conduct of election
Reporting & Disclosure Obligations
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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.