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

Overview

The Commonwealth Electoral Act 1918 (Electoral Act) is the foundational piece of legislation governing the electoral system in Australia. Enacted in 1918, it establishes the fundamental principles and processes for the conduct of elections for the Commonwealth Parliament, including the House of Representatives and the Senate. The primary problem or gap this Act was introduced to address was the need for a comprehensive legal framework that ensures the orderly, fair, and democratic conduct of federal elections. The Act was enacted by the Parliament of Australia, with the objective of providing a consistent and transparent process for the election of representatives, safeguarding the integrity of the electoral system, and ensuring that all eligible citizens have the opportunity to participate in the democratic process. On 13 November 2014, the augmented Electoral Commission for New South Wales determined the names and boundaries of the federal electoral divisions in New South Wales, as required under sub-section 73(1) of the Electoral Act. These decisions were made in accordance with the provisions outlined in sub-sections 73(3), 73(4), and 73(4A) of the Act. The electoral divisions, along with their boundaries, were published on the Australian Electoral Commission website and lodged in the National Office of the Australian Electoral Commission in Canberra. This determination applies from 25 February 2016 until a new determination is published under the Electoral Act. The Hon. Dennis Cowdroy OAM QC, Chairperson of the augmented Electoral Commission for New South Wales, authorised this determination.

Scope and Application

The Commonwealth Electoral Act 1918 governs the determination of federal electoral divisions in Australia, and this specific notice pertains to the delineation of these divisions within New South Wales. As determined by the augmented Electoral Commission for New South Wales on 13 November 2014, New South Wales is entitled to 47 members of the House of Representatives, each representing a distinct electoral division. The Commission has established the names and boundaries of these divisions in accordance with sub-sections 73(1), 73(3), 73(4), and 73(4A) of the Electoral Act, with the final determinations published on the Australian Electoral Commission's website and lodged at the Commission's National Office. These electoral divisions, which include Banks, Grayndler, Page, Barton, Greenway, Parkes, and others, will be effective from 25 February 2016 and will remain in place until a subsequent determination is made and published in the Commonwealth Government Notices Gazette. The boundaries and names are subject to the provisions of the Electoral Act and any relevant subordinate instruments that may extend or restrict their application.

Key Provisions

The main sections of this legislation (C2016G00277) determine the names and boundaries of the 47 federal electoral divisions in New South Wales, as decided by the augmented Electoral Commission for New South Wales on 13 November 2014. These electoral divisions are now officially named and their boundaries set, as per sub-section 73(1) of the Commonwealth Electoral Act 1918 (the Electoral Act). The names of these divisions are listed explicitly in the document, including Banks, Grayndler, Page, Barton, Greenway, and so forth, up to Whitlam. The boundaries of these divisions are to be found on the maps published on the Australian Electoral Commission's website (www.aec.gov.au/Electorates/Redistributions) and are also lodged in file number 16/9 at the National Office of the Australian Electoral Commission in Canberra. These decisions were made in compliance with sub-sections 73(3), 73(4), and 73(4A) of the Electoral Act. This legislation imposes specific obligations on the Electoral Commission for New South Wales. Primarily, the Commission must ensure that the electoral divisions are named and their boundaries defined in accordance with the Electoral Act. The Commission's decisions must be published and made available to the public, as evidenced by their publication on the Australian Electoral Commission's website and their lodging at the Commission's National Office. The Commission is also responsible for ensuring that the electoral divisions determined are compliant with all relevant legal requirements and that the process adheres to the statutory provisions set out in the Electoral Act. Failure to comply with the provisions of this legislation or the Electoral Act may result in legal consequences. While the document does not explicitly detail specific offences or penalties for non-compliance, it is understood that breaches of the Electoral Act can lead to civil and criminal penalties. These may include fines, imprisonment, or other sanctions as prescribed by the Act. The maximum penalties for electoral offences can vary depending on the specific breach but can include substantial fines and imprisonment terms as determined by the relevant courts. The electoral divisions determined by this notice will remain in effect from 25 February 2016 until a new determination is published in the Commonwealth Government Notices Gazette. This period ensures that the electoral framework remains stable and allows for the conduct of elections under these divisions until a future determination is made. The process for determining new electoral divisions, as outlined in sub-section 73(1) or sub-section 76(6) of the Electoral Act, will again involve the augmented Electoral Commission for New South Wales, ensuring that the electoral boundaries are periodically reviewed and updated as necessary to reflect changes in population and other relevant factors.