Australian Capital Territory Representation Act 1948

Legislation au C1948A00057 Not in force Act

Legislation content

AUSTRALIAN CAPITAL TERRITORY REPRESENTATION.

 

No. 57 of 1948

An Act to provide for the Representation of the Australian Capital Territory in the Parliament of the Commonwealth.

[Assented to 6th December, 1948.]

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 and citation

1. This Act may be cited as the Australian Capital Territory Representation Act 1948.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Definition.

3. In this Act, unless the contrary intention appears, “the Australian Capital Territory” includes the Territory accepted by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act 1915, and described in the agreement set out in the Schedule to that Act.

Representation of Australian Capital Territory.

4. The representation of the Australian Capital Territory in the Parliament of the Commonwealth shall consist of one member of the House of Representatives elected in accordance with this Act.

Qualifications of member for the Australian Capital Territory.

5. The qualifications of the member representing the Australian Capital Territory shall be as follows:—

(a) He must be of the full age of twenty-one years;

(b) He must be a subject of the King, either natural born or for at least five years naturalized under a law of the United Kingdom or of the Commonwealth;

(c) He must have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he is chosen; and.

(d) He must be either—

(i) an elector entitled to vote at the election of members of the House of Representatives; or

(ii) a person qualified to become such elector.

Disabilities of member for Australian Capital Territory.

6.—(1.) Subject to the next succeeding sub-section, the member representing the Australian Capital Territory shall not be entitled to vote on any question arising, in the House of Representatives.

(2.) The member representing the Australian Capital Territory may vote on any motion for the disallowance of any Ordinance of the Australian Capital Territory and on any amendment of any such motion.

(3.) The presence in the House of Representatives at any time of the member representing the Australian Capital Territory and the fact that he is a member of the House shall not be taken into account in determining whether at that time a sufficient number of members is present to constitute a meeting of the House for the exercise of its powers.

(4.) The member representing the Australian Capital Territory shall be incapable of being chosen to be the Speaker or the Chairman of Committees of the House of Representatives or to perform the duties of the Speaker or the Chairman of Committees.

(5.) The member representing the Australian Capital Territory shall not be counted for the purpose of ascertaining whether there is an absolute majority in favour of any question in respect of which an absolute majority of either House or both Houses of the Parliament is required under section fifty-seven or section one hundred and twenty-eight of the Constitution.

Privileges, &c. of member.

7. Subject to this Act, the member representing the Australian Capital Territory shall have all the powers, immunities and privileges of a member representing a Commonwealth Electoral Division of a


State and the provisions of sections thirty-two, thirty-three, thirty-seven and thirty-eight and sections forty-two to forty-eight inclusive of the Constitution, and the provisions of the Parliamentary Allowances Act 1920-1947, shall apply in relation to the member in the same way as to other members of the House of Representatives.

Application of Commonwealth Electoral Act 1918-1948.

8. Subject to this Act, the provisions of the Commonwealth Electoral Act 1918-1948 shall apply, with such exceptions and subject to such modifications and adaptations as are prescribed, in the Australian Capital Territory in like manner as if—

(a) the Australian Capital Territory were an Electoral Division;

(b) the election of a member to represent the Australian Capital Territory were the election of a member to represent an. Electoral Division of a State; and

(c) the Supreme Court of the Australian Capital Territory were the Supreme Court of a State.

Election to be held on same day as House of Representatives election.

9. An election of a member representing the Australian Capital Territory shall be held as nearly as practicable at the same time as each general election of members of the House of Representatives and on any other occasion upon which the place of the member representing the Australian Capital Territory becomes vacant.

Lodging and hearing of petitions.

10.—(1.) Any petition disputing an election under this Act may be lodged with the District Registrar of the High. Court at Canberra, and, upon being so lodged, shall, for the purposes of the Commonwealth Electoral Act 1918-1948 and the regulations thereunder, be deemed to be duly filed.

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

(a) to hear the petition; or

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

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

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

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

Regulations.

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

Overview

The Australian Capital Territory Representation Act 1948 was enacted to address the need for representation of the Australian Capital Territory (ACT) within the Parliament of the Commonwealth. This legislation was passed by the Parliament of the Commonwealth of Australia, aiming to ensure that the ACT, which serves as the nation's capital, has a voice in federal parliamentary affairs. The Act establishes the framework for the election of a single member of the House of Representatives to represent the ACT. The member must meet specific qualifications and is subject to certain voting restrictions and privileges, while still retaining significant parliamentary rights and immunities. The Act also mandates that elections for the ACT member coincide with House of Representatives elections and provides a mechanism for the lodging and hearing of election petitions.

Scope and Application

The Australian Capital Territory Representation Act 1948 provides the legislative framework for the representation of the Australian Capital Territory (ACT) in the Parliament of the Commonwealth. This Act applies specifically to the election of one member of the House of Representatives who will represent the interests of the ACT. The member must meet certain qualifications, including being at least twenty-one years old, a subject of the King, and a resident of the Commonwealth for at least three years. The member for the ACT has specific voting restrictions and privileges that differentiate them from other House members, such as the inability to vote on most matters but retaining the right to vote on motions concerning ACT ordinances. The Act also allows for the application of the Commonwealth Electoral Act 1918-1948 to the ACT, ensuring that the electoral process aligns with national standards while maintaining the unique jurisdictional context of the ACT. The geographic reach of this Act is limited to the ACT, including the Jervis Bay Territory, and it operates under the national jurisdiction of the Commonwealth of Australia. The Act is subject to regulations made by the Governor-General, which must not conflict with the provisions of the Act.

Key Provisions

The Australian Capital Territory Representation Act 1948 (sections 4 to 9) provides the framework for the representation of the Australian Capital Territory in the Parliament of the Commonwealth. Section 4 establishes that the representation shall consist of one member of the House of Representatives elected in accordance with the Act. The qualifications for this member are detailed in Section 5, which stipulates that the member must be at least 21 years old, a British subject by birth or naturalised, a resident of the Commonwealth for at least three years, and either an elector or qualified to become one. Section 6 outlines specific disabilities for the member, including restrictions on voting rights and the ability to hold certain positions within the House of Representatives. However, the member is permitted to vote on motions related to the disallowance of ordinances and their amendments. Section 7 grants the member the same privileges and immunities as other members of the House of Representatives, subject to the provisions of the Constitution and the Parliamentary Allowances Act 1920-1947. Section 8 allows the Commonwealth Electoral Act 1918-1948 to apply to the Australian Capital Territory with necessary modifications, treating the territory as an electoral division. Section 9 mandates that elections for the member shall occur simultaneously with the general election of the House of Representatives or when the seat becomes vacant. The Act imposes several obligations on the parties involved, particularly focusing on the member representing the Australian Capital Territory. These obligations include adhering to the qualifications and disabilities outlined in the Act (sections 5 and 6), participating in elections as stipulated (section 9), and complying with the electoral procedures and regulations (section 11). The High Court and the Supreme Court of the Australian Capital Territory are given specific roles in handling petitions and disputes related to elections under this Act (section 10). Furthermore, the Governor-General has the authority to make regulations necessary for the implementation and enforcement of the Act, ensuring that all prescribed matters are addressed (section 11). Breaches of the provisions outlined in the Act may lead to various civil and criminal consequences. Although the Act does not explicitly state penalties, the inherent legal framework of the Commonwealth and the applicable electoral laws would govern any breaches. For instance, the Commonwealth Electoral Act 1918-1948, to which this Act refers, includes provisions for offences and penalties related to electoral misconduct. Under this broader framework, penalties could include fines and imprisonment for offences such as bribery, undue influence, and electoral fraud. Additionally, any failure to comply with the regulations made under Section 11 of this Act could also result in legal consequences, as determined by the relevant courts.

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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.