Determination of names and boundaries of federal electoral divisions in Victoria

Overview

The Commonwealth Electoral Act 1918, enacted by the Commonwealth Parliament, provides the legislative framework for the conduct of federal elections and the determination of electoral boundaries in Australia. This act was introduced to ensure the democratic process of electing members to the House of Representatives is carried out in a fair, transparent, and equitable manner. In line with this objective, the augmented Electoral Commission for Victoria, pursuant to sub-section 73(1) of the Electoral Act, has determined the names and boundaries of the 38 electoral divisions in Victoria as of 31 August 2017. These decisions were made in accordance with the requirements outlined in sub-sections 73(3), 73(4), and 73(4A) of the Electoral Act, with the new boundaries to apply from 13 July 2018. The electoral divisions determined by this notice will remain in effect until the next determination is published in the Commonwealth Government Notices Gazette, ensuring the continuity and integrity of the electoral process.

Scope and Application

The Determination of names and boundaries of federal electoral divisions in Victoria applies to the delineation of the electoral boundaries for the 38 members of the House of Representatives in Victoria, as set out by the Electoral Commissioner on 31 August 2017. This Act applies to persons and entities involved in federal elections within these specified boundaries, ensuring that electoral conduct and transactions comply with the defined divisions. The geographic reach of this legislation is limited to the state of Victoria, with the boundaries and electoral divisions being subject to the Commonwealth Electoral Act 1918. The determinations made by the augmented Electoral Commission for Victoria are detailed in the maps available on the Australian Electoral Commission website and are lodged in file number 18/404 at the National Office of the Australian Electoral Commission in Canberra. This determination applies from 13 July 2018 and remains in effect until a new determination is published, as per the Electoral Act. The Act does not affect the election of a new member to fill a vacancy in the House of Representatives until the next expiration or dissolution of the House.

Key Provisions

The main operative sections of this legislation determine the names and boundaries of the federal electoral divisions in Victoria, as established by the Electoral Commission on 31 August 2017. Section 73(1) of the Commonwealth Electoral Act 1918 mandates that the augmented Electoral Commission for Victoria identify the names of the 38 electoral divisions and their respective boundaries, which are displayed on maps available on the Australian Electoral Commission website and lodged with the National Office in Canberra (subsections 73(3), 73(4), and 73(4A)). These divisions and their boundaries will be in effect from 13 July 2018 until the next redistribution, as outlined in subsection 73(1) or 76(6) of the Electoral Act. It is important to note that this redistribution does not affect the election of a new member to fill a vacancy in the House of Representatives until the next expiration or dissolution of the House. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, the augmented Electoral Commission for Victoria must determine the names and boundaries of the electoral divisions in accordance with the requirements set out in subsections 73(3), 73(4), and 73(4A) of the Electoral Act. These boundaries must be displayed on the Australian Electoral Commission website and lodged with the National Office in Canberra. The Electoral Commission must also ensure that the electoral divisions and their boundaries are determined fairly and in compliance with the provisions of the Electoral Act. Furthermore, the Act requires the redistribution to be in effect from 13 July 2018 until the next determination, unless the House of Representatives is dissolved earlier. Under this legislation, there are potential civil and criminal consequences for non-compliance with the requirements of the Electoral Act. While the specific offences, penalties, and consequences are not detailed in this notice, the Electoral Act generally provides for various offences related to electoral matters. These may include penalties for unlawful conduct, such as bribery, treating, or other corrupt practices, as well as penalties for failing to comply with electoral laws. The maximum penalties for these offences can vary, depending on the specific offence and the circumstances of the case. It is essential for those involved in the electoral process to be aware of these potential consequences and to ensure compliance with the requirements of the Electoral Act.