Determination of Names and Boundaries of Federal Electoral Divisions in Tasmania

Overview

The Determination of names and boundaries of federal electoral divisions in Tasmania 2017, enacted on 31 August 2017, establishes the electoral divisions within the state of Tasmania. Pursuant to the Commonwealth Electoral Act 1918, the augmented Electoral Commission for Tasmania determined the names and boundaries of the five electoral divisions entitled to members of the House of Representatives, namely Bass, Braddon, Clark, Franklin, and Lyons. The determination of these divisions addresses the need to accurately represent the population of Tasmania within the federal parliamentary system. The electoral boundaries were determined in accordance with the requirements of the Electoral Act, ensuring that the distribution of electoral divisions reflects the population distribution within the state. This determination applies from 14 November 2017, and remains in effect until the next redistribution is published, ensuring that the electoral representation of Tasmania is maintained until the next dissolution of the House of Representatives.

Scope and Application

The C2017G01221 Gazette, pursuant to the Commonwealth Electoral Act 1918, outlines the determination of names and boundaries for federal electoral divisions in Tasmania. As of 31 August 2017, Tasmania is allocated five members in the House of Representatives, with the electoral divisions named Bass, Braddon, Clark, Franklin, and Lyons. The boundaries for these divisions have been established by the augmented Electoral Commission for Tasmania and are available on the Australian Electoral Commission's website, with the maps also lodged at the National Office of the Australian Electoral Commission in Canberra. This determination applies from 14 November 2017, under the provisions of the Electoral Act, until a new determination is made and published in the Commonwealth Government Notices Gazette. Notably, this redistribution does not affect the election of a new member to fill any vacancy in the House of Representatives until the next expiration or dissolution of the House.

Key Provisions

The key operative sections of this legislation, C2017G01221, determine the names and boundaries of federal electoral divisions in Tasmania, as outlined in sub-sections 73(1), 73(3), 73(4), and 73(4A) of the Commonwealth Electoral Act 1918 (the Electoral Act). Specifically, section 73(1) of the Electoral Act establishes the entitlement of Tasmania to five members of the House of Representatives and authorises the augmented Electoral Commission for Tasmania to define the names and boundaries of these electoral divisions. The electoral divisions named are Bass, Braddon, Clark, Franklin, and Lyons, with their boundaries specified in maps available on the Australian Electoral Commission website and lodged with the National Office of the Australian Electoral Commission in Canberra. These electoral divisions will apply from 14 November 2017 until the next determination of names and boundaries is published in the Commonwealth Government Notices Gazette. The augmented Electoral Commission for Tasmania, as the governing body, has the responsibility of determining the names and boundaries of the electoral divisions in accordance with the Electoral Act. They must ensure that the electoral divisions are defined and their boundaries are clearly marked on maps that are publicly accessible. This includes lodging these maps with the National Office of the Australian Electoral Commission and displaying them on the Australian Electoral Commission website for transparency and accessibility. Furthermore, the Commission must adhere to the provisions outlined in sub-sections 73(3), 73(4), and 73(4A) of the Electoral Act when making these determinations. The legislation imposes certain obligations and requirements on the parties and entities it governs. The augmented Electoral Commission for Tasmania is responsible for ensuring that the electoral divisions are properly defined and their boundaries are clearly established. This includes making the boundaries publicly available and ensuring that these boundaries comply with the requirements of the Electoral Act. Additionally, the Commission must ensure that the electoral divisions are appropriately named and that these names are easily identifiable and accessible to the public. These requirements ensure that the electoral process is transparent and that all eligible voters can easily identify the electoral division in which they are registered to vote. There are no explicit offences, penalties, or civil/criminal consequences mentioned in this legislation for breach. However, the Electoral Act, under which this determination is made, does provide for various offences and penalties in other contexts. For instance, electoral offences such as bribery, undue influence, and other corrupt practices are subject to penalties under the Electoral Act. While this specific determination does not detail penalties for non-compliance, the overarching framework of the Electoral Act ensures that any breaches of electoral law are subject to appropriate sanctions. This includes potential civil and criminal penalties for serious violations of electoral laws, although the specific penalties would depend on the nature and severity of the offence under the broader provisions of the Electoral Act.