Determination of names and boundaries of federal electoral divisions in the Australian Capital Territory

Overview

The Commonwealth Electoral Act 1918 (the Electoral Act) was enacted by the Parliament of Australia to establish the framework for conducting federal elections and the delimitation of electoral boundaries. The legislation was introduced to address the need for a standardised system of electoral representation and administration across the country. The 2017 determination by the augmented Electoral Commission for the Australian Capital Territory, published under C2018G00549, specifies the names and boundaries of the three electoral divisions in the Australian Capital Territory: Bean, Canberra, and Fenner. This determination is pursuant to the provisions of the Electoral Act, particularly sections 56AA, 73(1), 73(3), 73(4), and 73(4A). The maps illustrating these boundaries are available on the Australian Electoral Commission's website and have been lodged with the National Office. This redistribution applies from 13 July 2018, continuing until a new determination is made, and does not affect the election of new members to fill vacancies in the House of Representatives.

Scope and Application

The Determination of names and boundaries of federal electoral divisions in the Australian Capital Territory Act applies to the three electoral divisions within the Australian Capital Territory, namely Bean, Canberra, and Fenner. These divisions are established under the authority of the Commonwealth Electoral Act 1918. The geographic reach of this Act is limited to the Australian Capital Territory, thereby affecting only the electoral divisions within this specific territory. The determination of boundaries and names is subject to the Electoral Act and is effective from 13 July 2018 until the next such determination is published in the Commonwealth Government Notices Gazette. Notably, the redistribution does not affect the election of a new member to fill a vacancy in the House of Representatives until the next dissolution of the House. The augmented Electoral Commission for the Australian Capital Territory has exercised its authority in accordance with the provisions of the Electoral Act, ensuring that the electoral divisions are clearly defined and demarcated as per the maps displayed on the Australian Electoral Commission website.

Key Provisions

The primary operative sections of this legislation, as outlined in the Gazette, establish the names and boundaries of the federal electoral divisions in the Australian Capital Territory, which are now Bean, Canberra, and Fenner. This determination was made by the augmented Electoral Commission for the Australian Capital Territory on 31 August 2017, under sub-section 73(1) of the Commonwealth Electoral Act 1918. The boundaries for these divisions are depicted on maps available on the Australian Electoral Commission website and have been formally lodged with the National Office of the Australian Electoral Commission. The decisions were made in compliance with sub-sections 56AA, 73(3), 73(4), and 73(4A) of the Electoral Act. These electoral divisions will apply from 13 July 2018 until a new determination is made and published in the Commonwealth Government Notices Gazette. The Act imposes several obligations on the augmented Electoral Commission for the Australian Capital Territory. Firstly, it mandates that the Commission determines the names and boundaries of the electoral divisions. Secondly, it requires that these determinations be made in accordance with the Electoral Act, specifically referencing sub-sections 56AA, 73(3), 73(4), and 73(4A). The Commission must also ensure that the boundaries are clearly displayed on the Australian Electoral Commission website and that the relevant maps and documentation are lodged with the National Office of the Australian Electoral Commission. Additionally, the Commission must adhere to the legal framework established by the Electoral Act when making these determinations. The legislation does not explicitly state any offences, penalties, or civil or criminal consequences for breaches of the Electoral Act in this context. However, it is important to note that the Electoral Act itself contains provisions that may apply in the event of non-compliance. These could include fines, imprisonment, or other legal repercussions, depending on the nature and severity of the breach. For instance, section 136 of the Electoral Act outlines penalties for certain electoral offences, which may be relevant if the Commission fails to properly determine the electoral boundaries or adhere to the statutory requirements. Overall, this determination by the augmented Electoral Commission sets the electoral framework for the Australian Capital Territory, establishing clear boundaries and names for the electoral divisions of Bean, Canberra, and Fenner. This ensures that the electoral process in the region is conducted in a fair and legally compliant manner, with the boundaries and names in effect from 13 July 2018. The Commission's obligations under the Electoral Act are significant, as they involve precise and careful adherence to the legislative requirements to maintain the integrity of the electoral process.