Commonwealth Electoral Amendment Act 1977

Overview

The Commonwealth Electoral Amendment Act 1977, enacted by the Queen and the Senate and House of Representatives of the Commonwealth of Australia, amends Part III of the Commonwealth Electoral Act 1918 to address issues related to the distribution and redistribution of electoral divisions in Australian states. This legislation ensures that the distribution of electors across divisions adheres to specific criteria, particularly concerning the size of divisions and the equitable distribution of electors. The policy objective of the Act is to maintain fair representation in the House of Representatives by ensuring that electoral divisions are adjusted appropriately in response to changes in population and other relevant factors. The Act also specifies procedures for the appointment and reporting of Distribution Commissioners, mandates the consideration of certain factors in the distribution process, and outlines the timing and conditions for the proclamation of divisions and redistribution.

Scope and Application

The Commonwealth Electoral Amendment Act 1977 amends Part III of the Commonwealth Electoral Act 1918, which pertains to the electoral representation of states in the House of Representatives. The Act applies to the distribution of electors within states into electoral divisions, and the redistribution of these divisions, to ensure that the number of electors within each division is as equal as practicable. It mandates that the Distribution Commissioners must consider certain factors when proposing a distribution of a state into divisions, including the size of the divisions, and requires that the distribution must be such that no large division contains a greater number of electors than the smallest division. The Act also specifies conditions for the proclamation of divisions and the timing for redistribution based on electoral quotas. Notably, the Act extends to the entire Commonwealth, impacting all states and territories of Australia. It does not include specific exclusions or exemptions, and the provisions apply uniformly across the country. Subordinate instruments may further define operational details or implement the Act's provisions.

Key Provisions

The Commonwealth Electoral Amendment Act 1977 (section 1) amends the Commonwealth Electoral Act 1918, referred to as the Principal Act, to make several changes to the electoral processes and divisions. Section 4 of the Principal Act is repealed and replaced with a new definition section, 14a, which clarifies the term 'determination' as it pertains to the Representation Act 1905. Section 5 amends section 16 of the Principal Act, making it mandatory (shall) for Distribution Commissioners to submit their reports, rather than optional (may). Section 6 modifies section 18a to require that suggestions relating to distribution be made as soon as practicable after the appointment of Distribution Commissioners. Section 7 introduces new criteria for the distribution of states into divisions, ensuring that no large division contains more electors than the smallest small division (section 19). Section 8 adjusts section 23 to require that reports of Distribution Commissioners be submitted as soon as practicable, rather than immediately. Section 9 modifies section 24 to mandate the proclamation of divisions as soon as practicable, irrespective of any dissolution or prorogation of Parliament or House of Representatives. The Act imposes several obligations on the parties involved in the electoral process. The Distribution Commissioners are mandated to submit their reports as soon as practicable (section 5). The suggested distribution of states into divisions must adhere to the criteria set out in section 19, ensuring that no large division exceeds the number of electors in the smallest small division. Reports of the Distribution Commissioners must also be submitted as soon as practicable (section 8). The proclamation of divisions must be made as soon as practicable, regardless of any parliamentary or House of Representatives dissolution or prorogation (section 9). Additionally, a proclamation for redistribution may be made under specific conditions, including when there is a determination altering the number of Members of the House of Representatives for a state, or when the number of electors in one-fourth of the divisions of a state deviates significantly from the quota (section 25). Under this Act, failure to comply with the mandated timelines or criteria can result in legal consequences. While specific offences, penalties, or civil/criminal consequences are not explicitly stated in the provided text, the mandatory nature of the obligations implies that non-compliance could lead to legal action. For example, if Distribution Commissioners fail to submit their reports as soon as practicable, or if the proclamation of divisions is not made within the stipulated timeframe, such failures could be subject to judicial review or other legal remedies. The precise penalties for such breaches would be determined in the context of a legal dispute, potentially involving fines, injunctions, or other forms of redress.