Australian Electoral Commission
Commonwealth Electoral Act 1918
Section 59
DIRECTION TO COMMENCE REDISTRIBUTION OF THE NORTHERN TERRITORY INTO ELECTORAL DIVISIONS
Pursuant to subsection 59(1) of the Commonwealth Electoral Act 1918, the Australian Electoral Commission hereby directs that a redistribution of the Northern Territory into two electoral divisions commence on 15 October 2015.
Signed
The Hon. Dennis Cowdroy OAM QC
Chairperson
Signed
Tom Rogers
Electoral Commissioner
Signed
David Kalisch
Australian Statistician
12 October 2015
Overview
The Commonwealth Electoral Act 1918, enacted by the Australian Parliament, serves as the foundational piece of legislation governing the electoral processes in Australia, including the establishment and distribution of electoral divisions. This Act addresses the need for regular adjustments to electoral boundaries to ensure fair representation in light of population changes and demographic shifts. The 2015 redistribution of the Northern Territory into two electoral divisions was introduced to align with the policy objective of maintaining equitable representation across the nation, ensuring that each division reflects a balanced and fair distribution of the population. This action was authorised under subsection 59(1) of the Act, demonstrating the ongoing commitment of the Australian Electoral Commission to uphold the integrity and fairness of the electoral system.
Scope and Application
The Commonwealth Electoral Act 1918, as notified by the Australian Electoral Commission, mandates the redistribution of the Northern Territory into two electoral divisions, with the process to commence on 15 October 2015. This act applies to the Northern Territory, a federal jurisdiction, and concerns the division of this territory into distinct electoral divisions for the purpose of parliamentary representation. The redistribution aims to ensure fair and equitable representation within the federal parliamentary system. The legislation specifies the commencement date, thereby providing a clear directive for the Australian Electoral Commission to act upon, ensuring that the redistribution aligns with the legal framework set out in the Act. This directive is backed by the signatures of the Chairperson, the Electoral Commissioner, and the Australian Statistician, highlighting the collaborative oversight and authoritative endorsement of the redistribution process.
Key Provisions
Section 59(1) of the Commonwealth Electoral Act 1918 mandates that the Australian Electoral Commission (AEC) must direct a redistribution of the Northern Territory into electoral divisions when required. This specific instance, as detailed in the gazetted document C2015G01676, instructs that the redistribution process is to begin on 15 October 2015. The Northern Territory is to be divided into two electoral divisions as part of this process. This direction is a formal administrative action taken under the authority of the Act to ensure the Territory's representation in federal elections.
The obligations placed on the AEC by this directive include the initiation and management of the redistribution process. This involves several steps, such as collecting relevant data, consulting with stakeholders, and making necessary adjustments to electoral boundaries. The AEC must also ensure that the redistribution adheres to the principles of equitable representation and fair distribution of electors among divisions, as outlined in the Act. Furthermore, the AEC is responsible for announcing the new boundaries and ensuring that these changes are effectively communicated to the public and other relevant stakeholders.
Failure to comply with the provisions of the Commonwealth Electoral Act 1918 can result in significant consequences. For instance, if the AEC does not properly conduct the redistribution or fails to meet the statutory deadlines, it may face legal challenges or administrative penalties. Additionally, if the new electoral divisions are found to be improperly drawn, leading to unequal representation, this could also result in legal repercussions. The precise penalties for non-compliance are not explicitly detailed in the gazetted document but typically include fines, court orders, or other corrective measures to ensure the integrity of the electoral process.
In summary, the Commonwealth Electoral Act 1918, through section 59(1), requires the AEC to initiate a redistribution of the Northern Territory into two electoral divisions starting on 15 October 2015. This directive imposes specific obligations on the AEC to manage and oversee the redistribution process meticulously. Non-compliance with these provisions can lead to various legal and administrative consequences, reinforcing the importance of adhering to the Act's stipulations.