CONSTITUTION ALTERATION (SENATE ELECTIONS).
No. 1 of 1907.
An Act to alter the provisions of the Constitution relating to the Election of Senators.
[Assented to 3rd April, 1907.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, with the approval of the electors, as required by the Constitution, as follows :—
Short title
1. This Act may be cited as Constitution Alteration (Senate Elections) 1906.
Rotation of senators.
2. Section thirteen of the Constitution is altered—
(a) by omitting the words “the third year,” and inserting in lieu thereof the words “three years”;
(b) by omitting the words “the sixth year,” and inserting in lieu thereof the words “six years”;
(c) by omitting the words “in the year at the expiration of which,” and inserting in lieu thereof “within one year before”;
(d) by omitting the word “January” wherever it occurs, and inserting in lieu hereof the word “July’’.
Extension of terms of service of certain senators.
3.—(1.) The terms of service of the senators whose places -would, but for this Act, become vacant at the expiration of the terms year One thousand nine hundred and nine are extended until the thirtieth day of June One thousand nine hundred and ten.
(2.) The terms of service of the senators whose places would, but for this Act, become vacant at the expiration of the year One thousand nine hundred and twelve are extended until the thirtieth day of June One thousand nine hundred and thirteen.
Beginning of term of service of senators elected in 1906 not altered.
4. This Act shall not be taken to alter the time of beginning of the term of service of any senator elected in the year One thousand nine hundred and six.
Overview
The Constitution Alteration (Senate Elections) 1906 was enacted to address the issue of the initial terms of service for senators under the Australian Constitution. This Act was passed by the Parliament of the Commonwealth of Australia and received royal assent on 3rd April, 1907. The primary objective of this legislation was to amend the Constitution by altering the provisions regarding the election of senators, specifically the rotation of their terms and the timing of their elections. This change was introduced to ensure a more stable and predictable election cycle for the Senate. The Act introduced a six-year term for senators, with elections occurring every three years, and provided for the extension of the terms of certain senators to align with the new system.
Scope and Application
The Constitution Alteration (Senate Elections) Act 1906 serves to modify specific provisions of the Australian Constitution concerning the election of senators. This Act applies to the entire Commonwealth of Australia and pertains to the procedural and temporal aspects of the election and terms of service of senators. The Act specifically targets the rotation and duration of senators’ terms, altering the initial three-year and six-year terms to six-year terms with staggered elections. It also extends the terms of certain senators to maintain continuity in the Senate until the new system can be fully implemented. The Act does not alter the terms of senators elected in 1906, ensuring a smooth transition. The application of this Act is comprehensive, affecting all senators and their terms without geographic limitation within the Commonwealth. The Act's changes are direct and do not rely on subordinate instruments for extension or restriction.
Key Provisions
The Constitution Alteration (Senate Elections) Act 1906 primarily modifies the Constitution to change the rotation and term lengths for Senate elections. Under section 2, the act changes the rotation schedule so that senators' terms now expire every six years, instead of every three years (section 2(a)). The election timing is also altered, with senators now elected within one year before their terms expire rather than in the year of expiration (section 2(c)). Additionally, the act changes the election month from January to July (section 2(d)).
The Act imposes specific obligations on the government and relevant electoral bodies to ensure the smooth transition and implementation of these changes. It mandates the extension of terms for certain senators who would have otherwise had their terms expire in 1909 and 1912. According to section 3(1), the terms of senators whose places would become vacant at the end of 1909 are extended until 30 June 1910, and for those whose terms would end in 1912, the extension is until 30 June 1913 (section 3(2)). This ensures continuity in Senate representation during the transition period.
There are no explicit offences, penalties, or consequences outlined for breach of this Act. However, given its nature and the constitutional context, non-compliance with the provisions regarding the rotation and term lengths of senators could potentially lead to legal challenges or constitutional disputes. The maximum penalties or consequences would likely be determined by the courts in the event of such disputes, but the Act itself does not specify these in detail.