Commonwealth Electoral Act 1965

Legislation au C1965A00048 Not in force Act

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Commonwealth Electoral

No. 48 of 1965

An Act to amend the Commonwealth Electoral Act 1918-1962.

[Assented to 3 June, 1965]

[Date of Commencement, 1 July, 1965]

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

Short title and citation.

1.—(1.) This Act may be cited as the Commonwealth Electoral Act 1965.


(2.) The Commonwealth Electoral Act 1918-1962 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Electoral Act 1918-1965.

Commencement.

2. Each section inserted in the Principal Act by this Act shall commence on the day on which this Act comes into operation.

3. Sections 19 to 23 (inclusive) of the Principal Act are repealed and the following sections inserted in their stead:—

Suggestions relating to distribution.

“18a.—(1.) The Distribution Commissioners shall, by advertisement published in the Gazette—

(a) invite suggestions in writing to be lodged with the Commissioners, within thirty days after the date of advertisement, relating to the distribution of the State into Divisions; and

(b) invite comments in writing to be lodged with the Commissioners, within fourteen days after the expiration of the period referred to in the last preceding paragraph, relating to any suggestions received by the Commissioners in pursuance of that paragraph.

“(2.) Immediately after the expiration of the period referred to in paragraph (a) of the last preceding sub-section, the Distribution Commissioners shall make available for perusal at the office of the Commonwealth Electoral Officer for the State copies of any suggestions lodged with the Commissioners in pursuance of that paragraph.

“(3.) The Distribution Commissioners shall consider any suggestions and comments lodged with them in pursuance of sub-section (1.) of this section before carrying out the functions referred to in the next succeeding section.

Matters to be considered in distribution of a State.

“19.—(1.) In making any proposed distribution of a State into Divisions, the Distribution Commissioners shall so determine the proposed Divisions that each Division contains a number of electors not exceeding, or falling short of, the quota of electors by more than one-fifth of the quota.

“(2.) For the purposes of the last preceding sub-section, the Distribution Commissioners shall give due consideration, in relation to each proposed Division, to—

(a) community of interests within the Division, including economic, social and regional interests;


(b) means of communication and travel within the Division, with special reference to disabilities arising out of remoteness or distance;

(c) the trend of population changes within the State;

(d) the density or sparsity of population of the Division;

(e) the area of the Division;

(f) the physical features of the Division; and

(g) existing boundaries of Divisions and Subdivisions.

Notice of proposed distribution.

Overview

The Commonwealth Electoral Act 1965 (C1965A00048) was enacted by the Parliament of Australia to amend the Commonwealth Electoral Act 1918-1962, addressing gaps and updating provisions related to electoral processes and procedures. This Act introduced various amendments, including changes to the distribution of electoral divisions, compulsory enrolment and transfer fees, grouping of candidates, nomination requisites, postal voting procedures, and compulsory voting. The policy objective behind these amendments was to enhance the fairness, efficiency, and integrity of the electoral process, ensuring that it reflects the evolving socio-economic landscape and the needs of the electorate. The Act ensures public participation in the electoral distribution process by inviting suggestions and comments, while also maintaining the integrity of the electoral process by preventing undue influence on Distribution Commissioners.

Scope and Application

The Commonwealth Electoral Act 1965 amends the Commonwealth Electoral Act 1918-1962, impacting the electoral process in Australia. This Act applies to all persons involved in the electoral process, including candidates, electors, and officials responsible for conducting elections, as well as the Distribution Commissioners tasked with determining electoral divisions. Geographically, the Act has a national reach, applying across all states and territories of Australia. It outlines the procedures for the distribution of states into electoral divisions, considering factors such as population trends, community interests, and physical features, while ensuring that each division has a nearly equal number of electors. The Act also includes provisions for public consultation on proposed distributions and sets penalties for attempts to influence Distribution Commissioners improperly. Additionally, it modifies fees associated with compulsory enrolment, nomination, and postal voting, and introduces new rules for the printing and distribution of ballot papers for Senate elections, including those for casual vacancies. The Act's scope extends to Commonwealth, state, and territory elections, with certain exclusions for casual Senate vacancies. The application of the Act may be further defined through subordinate instruments, which can provide detailed regulations to support the implementation of the legislative provisions.

Key Provisions

  • The Commonwealth Electoral Act 1965 (C1965A00048) amends the Commonwealth Electoral Act 1918-1962. Section 18a of the amended Act introduces a process for public suggestions and comments on the distribution of states into electoral divisions. The Distribution Commissioners must invite suggestions and comments through Gazette advertisements, make them available for public perusal, and consider them before performing their functions (sections 18a(1) and 18a(3)). The Act specifies factors that must be considered in the distribution, such as population trends and communication means (section 19(2)). Before reporting on the distribution, the Commissioners must exhibit a map of the proposed divisions and invite public comments (section 20). The Act prohibits influencing the Commissioners outside the prescribed process (section 22). The Commissioners must submit their report to the Minister, including a map and any public comments received (section 23). A copy of the report must be laid before Parliament (section 23a).
  • The Act imposes several obligations on the Distribution Commissioners. They must ensure that each proposed division contains a number of electors within a specific range of the electoral quota (section 19(1)). They must consider various factors, such as population density and physical features, when determining the divisions (section 19(2)). They must also make public suggestions and comments available for perusal and consider them before reporting on the distribution (sections 18a(2) and 21). Additionally, they must submit a report to the Minister, including a map and any comments received (section 23).
  • Breaches of the Act may result in civil or criminal consequences. For example, attempting to influence a Distribution Commissioner outside the prescribed process is an offence (section 22). However, the specific penalties for such breaches are not detailed within the provided excerpt of the Act. Generally, electoral offences under the Commonwealth Electoral Act may incur fines and imprisonment terms, but the exact penalties would depend on the specific nature of the breach and other relevant laws.

Legal classification tags

Area of Law
Elections & Voting Law
Instrument
Act
Concepts
Commencement Provisions
Licensing & Registration
Enforcement Powers

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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.