Determination of Names and Boundaries of Federal Electoral Divisions in New South Wales

Overview

The Commonwealth Electoral Act 1918 (the Electoral Act) provides the legal framework for the conduct of elections for members of the Commonwealth Parliament. The Determination of Names and Boundaries of Federal Electoral Divisions in New South Wales, issued on 13 November 2014 by the acting Electoral Commissioner, establishes the names and boundaries of the 47 electoral divisions in New South Wales, in accordance with sub-section 73(1) of the Electoral Act. This determination was made to ensure that New South Wales is appropriately represented in the House of Representatives, with the electoral divisions designed to reflect the state's population and geographical distribution. The determination will apply from 25 February 2016 until a new determination is made, as required by the Electoral Act. The boundaries and names of the electoral divisions are available on the Australian Electoral Commission website and have been lodged with the National Office of the Australian Electoral Commission in Canberra. The augmented Electoral Commission for New South Wales made these decisions in accordance with the requirements of sub-sections 73(3), 73(4), and 73(4A) of the Electoral Act. This determination was made by the Hon. Dennis Cowdroy OAM QC, Chairperson of the Augmented Electoral Commission for Western Australia, and it addresses the need to periodically review and adjust the electoral boundaries to ensure fair and accurate representation in the House of Representatives. The policy objective is to maintain the integrity of the electoral process and ensure that each electoral division is as equal as possible in terms of population, in line with the requirements of the Electoral Act. The determination was made by the relevant legislature, the Parliament of Australia, in accordance with the powers conferred by the Electoral Act.

Scope and Application

The Determination of Names and Boundaries of Federal Electoral Divisions in New South Wales, as outlined in the Gazette C2016G00276, applies to the establishment of 47 electoral divisions within New South Wales, each entitled to a member in the House of Representatives. This determination, pursuant to sub-section 73(1) of the Commonwealth Electoral Act 1918, is made by the augmented Electoral Commission for New South Wales and specifies the names and boundaries of these divisions. The boundaries are published on the Australian Electoral Commission website and lodged at the National Office in Canberra. These electoral divisions are in effect from 25 February 2016 until further notice, subject to the provisions of the Electoral Act. The geographic reach of this determination is confined to the state of New South Wales and its application is not extended or restricted through subordinate instruments. The Act applies to persons eligible to vote and entities or candidates participating in the federal elections within these divisions, encompassing all conduct and transactions related to the electoral process within the specified boundaries.

Key Provisions

The determination of names and boundaries of federal electoral divisions in New South Wales, as set out in the Gazette (C2016G00276), identifies the specific electoral divisions for the state, with a total of 47 divisions (sub-section 73(1), Electoral Act). This determination specifies the names of the divisions, such as Banks, Grayndler, and Parramatta, and outlines the geographical boundaries which are detailed in maps published on the Australian Electoral Commission website and lodged with the National Office of the Australian Electoral Commission in Canberra (sub-section 73(1), Electoral Act). These maps and determinations are intended to reflect the decisions made by the augmented Electoral Commission for New South Wales in accordance with the Electoral Act's provisions, particularly sub-sections 73(3), 73(4), and 73(4A). The Act imposes specific obligations and requirements on various parties involved in the electoral process. The augmented Electoral Commission for New South Wales is tasked with determining the names and boundaries of the electoral divisions, ensuring these determinations comply with the Electoral Act's criteria (sub-section 73(3), Electoral Act). The Commission must also ensure that the electoral divisions are defined in a manner that is consistent with the principles of fair and equitable representation, as outlined in the Act. Additionally, the Commission is responsible for publishing these determinations in the Commonwealth Government Notices Gazette and making them accessible to the public through the Australian Electoral Commission website. Breaches of the provisions outlined in the Electoral Act can result in various civil and criminal consequences. The Act specifies penalties for non-compliance, although the exact penalties are not detailed in this particular Gazette. Generally, under the Electoral Act, individuals or entities found in violation of its provisions may face fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties can vary significantly, ranging from fines for minor infractions to more severe penalties for significant breaches, such as manipulating electoral boundaries or engaging in fraudulent activities during an election. It is important for all parties to adhere to the Act to avoid these consequences.