AUSTRALIAN CAPITAL TERRITORY
REPRESENTATION (HOUSE OF
REPRESENTATIVES) ACT 1974
No. 8 of 1974
An Act relating to the Representation in the House of Representatives of the Australian Capital Territory and the Jervis Bay Territory.
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title.
1. This Act may be cited as the Australian Capital Territory Representation (House of Representatives) Act 1974.
Commencement
2. (1) This Act shall come into operation as provided by sub-section (2) and not otherwise.
(2) If the House of Representatives is dissolved before a Proclamation has been made under section 17 of the Australian Capital Territory Representation (House of Representatives) Acts 1973, this Act shall come into operation on the day on which the House of Representatives is so dissolved.
Definition.
3. In this Act—
“the Territory” means the Australian Capital Territory and the Jervis Bay Territory.
Electoral Divisions.
4. (1) For the purposes of the Australian Capital Territory Representation (House of Representatives) Acts 1973, the areas having the boundaries described in Part 1 and Part 2 respectively of the Schedule to this Act (being the Electoral Divisions proposed, in accordance with section 10 of that Act, by the Distribution Committee appointed on 18 December 1973) shall be the two Electoral Divisions of the Territory as if they were Electoral Divisions duly made in accordance with subsection 6 (2) of that Act, approved by both Houses of the Parliament and proclaimed by the Governor-General in accordance with that Act before the commencement of this Act.
(2) As soon as practicable after the commencement of this Act, the Governor-General shall, by Proclamation, declare the names of the Electoral Divisions established by this Act.
(3) Nothing in this Act prevents the re-division of the Territory in accordance with the Australian Capital Territory Representation (House of Representatives) Acts 1973.
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SCHEDULE Section 4
PART 1.
Division A
1. That part of the boundary of the Australian Capital Territory commencing at One Tree Trigonometrical Station and running generally northeasterly southeasterly southerly and westerly to its intersection with the generally northern bank of the Molonglo River thence by that bank of that river generally westerly to its intersection with the generally northern bank of Lake Burley Griffin (being that part of the City of Canberra that is Lake Burley Griffin for the purposes of the Lake Burley Griffin Ordinance 1965) thence generally westerly along the generally northern bank of Lake Burley Griffin to the generally northeastern bank of the Molonglo River thence generally northwesterly to its intersection with the generally eastern bank of the Murrumbidgee River thence by that bank of that river generally northerly to its intersection with the northwestern part of the boundary of the Australian Capital Territory thence northeasterly to the point of commencement.
2. The boundaries of the Jervis Bay Territory as described in the Schedule to the Jervis Bay Territory Acceptance Act 1915.
PART 2.
Division B
That part of the boundary of the Australian Capital Territory commencing at Coree Trigonometrical Station and running northeasterly to its intersection with the generally eastern bank of the Murrumbidgee River thence generally easterly by the boundary of Division A along the Murrumbidgee River the Molonglo River Lake Burley Griffin and the Molonglo River to the intersection of that boundary with the boundary of the Australian Capital Territory thence by that boundary generally southwesterly southerly westerly southerly northwesterly southerly and northerly to the point of commencement
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Overview
The Australian Capital Territory Representation (House of Representatives) Act 1974 was enacted by the Commonwealth Parliament to address the need for the representation of the Australian Capital Territory (ACT) and the Jervis Bay Territory in the House of Representatives. This Act was designed to provide a legal framework for the establishment of electoral divisions within the ACT and the Jervis Bay Territory, ensuring that these territories were adequately represented in the federal parliament. The primary objective of this Act was to facilitate the participation of these territories in the electoral process by establishing the necessary electoral divisions, thereby enabling the election of representatives to the House of Representatives. The Act operates in conjunction with the Australian Capital Territory Representation (House of Representatives) Acts 1973, allowing for the orderly division of the Territory into electoral divisions and the proclamation of these divisions by the Governor-General.
Scope and Application
The Australian Capital Territory Representation (House of Representatives) Act 1974 applies to the delineation and representation of the Australian Capital Territory and the Jervis Bay Territory in the House of Representatives. This Act specifically addresses the creation and boundaries of electoral divisions within these territories, ensuring they are properly represented in the federal parliament. The Act's jurisdiction is limited to the Australian Capital Territory and the Jervis Bay Territory, establishing these areas as distinct electoral entities for federal representation purposes. The Act will come into operation on the dissolution of the House of Representatives if this occurs before a proclamation under section 17 of the Australian Capital Territory Representation (House of Representatives) Acts 1973 is made. The Act also allows for the re-division of these territories in accordance with the aforementioned Acts. The Act does not specify any exclusions, exemptions, or thresholds, nor does it extend or restrict its application through subordinate instruments.
Key Provisions
The Australian Capital Territory Representation (House of Representatives) Act 1974 (section 1) establishes the legal framework for the representation of the Australian Capital Territory and the Jervis Bay Territory in the House of Representatives. The Act came into operation on the day the House of Representatives was dissolved if this occurred before a Proclamation was made under section 17 of the Australian Capital Territory Representation (House of Representatives) Acts 1973 (section 2). The term "the Territory" refers to both the Australian Capital Territory and the Jervis Bay Territory (section 3). According to section 4, the two Electoral Divisions for the Territory are established based on the boundaries described in Parts 1 and 2 of the Schedule to this Act, effective as if they had been duly made, approved, and proclaimed under the Australian Capital Territory Representation (House of Representatives) Acts 1973. The Governor-General must declare the names of these Electoral Divisions as soon as practicable after the Act comes into operation, and the Territory can be re-divided in accordance with the Australian Capital Territory Representation (House of Representatives) Acts 1973.
Under this Act, there are several obligations and requirements imposed on the parties or entities it governs. The Act mandates the creation of two Electoral Divisions for the Territory with specific boundaries outlined in the Schedule. The Governor-General is responsible for declaring the names of these Electoral Divisions as soon as practicable after the Act takes effect. The Act also allows for the possibility of re-dividing the Territory in compliance with the Australian Capital Territory Representation (House of Representatives) Acts 1973. These obligations ensure the proper representation of the Territory in the House of Representatives and maintain the integrity of the electoral process.
Breach of any provisions in this Act may result in legal consequences. However, the Act does not explicitly state any offences, penalties, or specific civil or criminal consequences for non-compliance. The lack of explicit penalties in the Act suggests that any breaches may be subject to the general legal principles and penalties applicable under other relevant legislation or common law. The absence of specific penalties in this Act implies that the enforcement and consequences of non-compliance would need to be determined in the context of broader legal frameworks.