Determination of Names and Boundaries of Federal Electoral Divisions in the Australian Capital Territory

Overview

The Determination of Names and Boundaries of Federal Electoral Divisions in the Australian Capital Territory Act 2016 (Gazette) was enacted to address the need for a clear and definitive delineation of the electoral boundaries for the Australian Capital Territory, ensuring that the territory is fairly represented in the House of Representatives. This legislation was introduced following the determination by the acting Electoral Commissioner on 13 November 2014, which confirmed that the Australian Capital Territory is entitled to two members of the House of Representatives. The Act was enacted by the augmented Electoral Commission for the Australian Capital Territory, operating under the authority provided by sub-section 73(1) of the Commonwealth Electoral Act 1918. The policy objective of this legislation is to provide a transparent and legally binding framework for the electoral divisions within the Australian Capital Territory, ensuring that the electoral boundaries are accurately defined and publicly accessible to uphold the democratic process.

Scope and Application

The Determination of names and boundaries of federal electoral divisions in the Australian Capital Territory, as issued by the Hon. Dennis Cowdroy OAM QC, Chairperson of the Augmented Electoral Commission for the Australian Capital Territory, delineates the electoral boundaries for the Australian Capital Territory's two members of the House of Representatives, specifically for the electoral divisions of Canberra and Fenner. This determination, made pursuant to sub-section 73(1) of the Commonwealth Electoral Act 1918, applies to all federal electoral activities within the specified geographic area of the Australian Capital Territory. The boundaries are clearly defined on maps available on the Australian Electoral Commission website and are lodged in file number 15/919 at the National Office of the Australian Electoral Commission in Canberra. The determination will remain in effect from 28 January 2016, subject to the provisions of the Electoral Act, until a subsequent determination is published in the Commonwealth Government Notices Gazette under sub-section 73(1) or sub-section 76(6) of the Electoral Act. This ensures that electoral processes within the ACT adhere to the established boundaries and names for federal representation.

Key Provisions

The legislation outlines the determination of names and boundaries for federal electoral divisions in the Australian Capital Territory (ACT), with the two divisions being Canberra and Fenner. According to section 73(1) of the Commonwealth Electoral Act 1918, these divisions' boundaries are determined by the augmented Electoral Commission for the ACT and are documented on maps available on the Australian Electoral Commission (AEC) website, as well as lodged in file number 15/919 at the AEC's National Office in Canberra. The determination process adheres to the stipulations of sections 73(3), 73(4), 73(4A), and 73(5) of the Electoral Act. This determination is effective from 28 January 2016, continuing until the next re-determination of these electoral divisions is published in the Commonwealth Government Notices Gazette under section 73(1) or section 76(6) of the Electoral Act. The obligations imposed by this legislation on the parties or entities it governs are primarily concerned with the adherence to the boundaries and names set out by the augmented Electoral Commission. The Electoral Act mandates that these electoral divisions must be respected and observed for all federal elections occurring within their effective period. The electoral divisions must be used as the basis for all electoral processes, including voter registration, candidate nominations, and the conduct of elections within the ACT. The AEC is responsible for ensuring that these divisions are accurately represented on electoral rolls, in voter information materials, and during the voting process. Failure to comply with the provisions outlined in this legislation can lead to various consequences, though specific offences, penalties, or civil/criminal consequences are not explicitly stated within the text. Generally, breaches of the Electoral Act can result in significant penalties, including fines and imprisonment, depending on the severity and nature of the breach. The Electoral Act provides a framework for enforcement actions that can be taken against individuals or entities that fail to comply with its provisions, ensuring the integrity and fairness of the electoral process in the ACT.