COMMONWEALTH ELECTORAL AMENDMENT ACT (No. 2) 1977
No. 116 of 1977
An Act relating to Proclamations with respect to the distribution of the States into Electoral Divisions.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Commonwealth Electoral Amendment Act (No. 2) 1977.
(2) The Commonwealth Electoral Act 1918 is in this Act referred to as the Principal Act.
Commencement
2. Subject to sub-section 3(2), this Act shall come into operation on the day on which it receives the Royal Assent.
Redistribution
3. (1) Section 25 of the Principal Act is amended by omitting sub-section (4).
(2) Sub-section (1) shall be deemed to have come into operation immediately after the commencement of the Commonwealth Electoral Amendment Act 1977.
Validation
4. The Proclamation by the Governor-General dated 7 April 1977 and published in the Gazette on 12 April 1977 directing that a redistribution of the State of Western Australia into Electoral Divisions be made, and everything done, or purporting to have been done, by virtue of the Proclamation or in relation to or for the purposes of the redistribution, have effect, and shall be deemed to have had effect, at all times and for all purposes, as if the Proclamation had been made in pursuance of section 25 of the Principal Act as amended by this Act.
Overview
The Commonwealth Electoral Amendment Act (No. 2) 1977 was introduced to address the need for a redistribution of electoral divisions within the state of Western Australia. Enacted by the Queen, in accordance with the authority of the Parliament of Australia, this legislation aims to ensure that the electoral boundaries in Western Australia are adjusted in line with the requirements of the Commonwealth Electoral Act 1918. The Act specifically focuses on validating a redistribution proclamation made by the Governor-General, ensuring that any actions taken under this proclamation are legally recognised and effective. This amendment was crucial to maintain the integrity and fairness of electoral representation in the region, reflecting the population changes and ensuring equitable representation within the federal electoral framework.
Scope and Application
The Commonwealth Electoral Amendment Act (No. 2) 1977 applies to the Commonwealth Electoral Act 1918, which governs the distribution of states into electoral divisions for federal elections. It specifically amends section 25 of the Principal Act by omitting subsection (4), thereby altering the procedural framework for the redistribution of electoral divisions in the states. This Act operates within the jurisdiction of the Commonwealth, thereby impacting federal electoral practices across Australia. The Act is not limited to any particular industry or entity but rather influences the electoral process as a whole. The geographic reach of the Act is national, affecting all states and territories within the Commonwealth of Australia. There are no explicit exclusions or exemptions mentioned in the text, but the scope of the Act is limited to the redistribution of electoral divisions as specified. The Act also includes provisions for the validation of prior actions taken under the previous redistribution proclamation, ensuring continuity and legality in electoral arrangements.
Key Provisions
The Commonwealth Electoral Amendment Act (No. 2) 1977 primarily modifies the Commonwealth Electoral Act 1918, particularly concerning the redistribution of the States into Electoral Divisions. The Act removes subsection (4) from section 25 of the Principal Act and amends it by deeming subsection (1) to have come into operation immediately after the commencement of the Commonwealth Electoral Amendment Act 1977. This amendment ensures that the redistribution process under section 25 is subject to the changes introduced by this Act.
The Act imposes several obligations and requirements on the parties involved in the electoral process. Firstly, it mandates that the redistribution of the State of Western Australia into Electoral Divisions must follow the provisions of the amended Principal Act. This includes the removal of subsection (4) from section 25 and the application of subsection (1) as if it had always been part of the original Act. Additionally, the Act validates the Proclamation by the Governor-General dated 7 April 1977, ensuring that all actions taken under this Proclamation are legally recognised and effective as if they were carried out in accordance with the amended Act.
Failure to comply with the provisions of the Act may result in civil or criminal consequences, although specific offences and penalties are not detailed within the text provided. The Act ensures that any actions taken under the Proclamation are retroactively validated, thereby avoiding any potential legal challenges or invalidations that may arise from procedural discrepancies. The importance of these provisions lies in maintaining the integrity and legality of the electoral process by ensuring that all actions taken are in accordance with the amended legislative framework.