Direction to Commence Redistribution of Queensland into Electoral Divisions

Overview

The Commonwealth Electoral Act 1918, enacted by the Parliament of Australia, addresses the problem of ensuring fair and equitable representation in the Australian House of Representatives by requiring regular redistributions of electoral divisions to account for population changes. The Act was introduced to establish the rules governing the electoral system, including the periodic redistribution of electoral boundaries to reflect population shifts and maintain equal representation across the country. In 2017, the Australian Electoral Commission directed a redistribution of Queensland into thirty electoral divisions, effective from 6 January 2017, as mandated by subsection 59(1) of the Act. This redistribution aims to ensure that each electoral division has a roughly equal number of electors, thereby upholding the principle of democratic representation and the policy objective of equitable representation across the nation.

Scope and Application

The Commonwealth Electoral Act 1918, under section 59, mandates the redistribution of Queensland into electoral divisions, a process that the Australian Electoral Commission has directed to commence on 6 January 2017. This Act applies to the division and allocation of Queensland's representation in the House of Representatives, affecting all persons eligible to vote and be elected within the state. The geographic reach of this Act is limited to the state of Queensland, operating within the jurisdiction of the Commonwealth of Australia. The Act does not specify exclusions or exemptions, but it does note that the redistribution process must be conducted in accordance with the provisions set out in the Act, and any further details or regulations pertaining to the redistribution can be extended or specified through subordinate instruments or additional directives issued by the Australian Electoral Commission. This ensures that the electoral divisions are fairly and accurately represented in alignment with the latest census data and population changes.

Key Provisions

The main operative section in this document is Section 59 of the Commonwealth Electoral Act 1918 (section 59). This section provides the authority for the Australian Electoral Commission to commence a redistribution of Queensland into thirty electoral divisions, effective from 6 January 2017. This redistribution is essential to ensure that each electoral division contains a roughly equal number of electors, which is a fundamental requirement for fair representation in federal elections (section 8). This process ensures that the representation in the House of Representatives accurately reflects the population distribution across the country. The Act imposes several obligations on the Australian Electoral Commission in conducting the redistribution. Firstly, the Commission must ensure that the redistribution adheres to the principles set out in the Act, particularly the requirement for equal representation (section 8). This includes considering factors such as geographical features, population density, and community of interest to create divisions that are as equal as possible. The Commission must also consult with relevant stakeholders and consider any submissions made during the public consultation period, ensuring that the process is transparent and inclusive (section 59(2)). Additionally, the Commission is required to publish details of the redistribution, including maps and population data, to allow for public scrutiny and feedback (section 59(3)). Failure to comply with the requirements of the Act can lead to significant consequences. While the Act does not explicitly detail offences or penalties for non-compliance in this context, breaches of the electoral laws generally can result in both criminal and civil penalties. Under the Commonwealth Electoral Act, individuals found guilty of offences such as bribery, treating, or other electoral fraud can face criminal charges, including imprisonment for up to three years (section 283). Civil penalties can also be imposed, with fines of up to $10,000 for individuals and $50,000 for bodies corporate (section 547). Additionally, any redistribution that is found to be non-compliant with the principles of fair representation may be subject to judicial review, potentially leading to the redistribution being overturned or amended.