NORTHERN TERRITORY REPRESENTATION.
No. 21 of 1925.
An Act to amend the Northern Territory Representation Act 1922.
[Assented to 26th September, 1925.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Northern Territory Representation Act 1925.
(2.) The Northern Territory Representation Act 1922 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Northern Territory Representation Act 1922-1925.
Qualifications of member for the Northern Territory.
2. Section four of the Principal Act is amended by omitting therefrom the words “the member representing the Northern Territory,” and inserting in their stead the words “members of the House of Representatives,”.
Time at which election to be held.
3. Section eight of the Principal Act is amended by omitting the words “A member representing the Northern Territory shall be elected at” and inserting in their stead the words “An election of a member representing the Northern Territory shall be held as nearly as practicable at the same time as”.
4. After section eight of the Principal Act, the following section is inserted:—
Lodging and hearing of petitions.
“ 8a.—(1.) Any petition disputing an election under this Act may be lodged with the Clerk of the Supreme Court of the Northern Territory at Darwin, and. upon being so lodged, shall, for the purposes of the Commonwealth Electoral Act 1918-1922 and the regulations thereunder, be deemed to be duly filed.
“(2.) Upon a petition being lodged in pursuance of this section, the Clerk of the Supreme Court of the Northern Territory shall forthwith telegraph the petition, together with his certificate that it is duly signed and witnessed and that the required deposit has been lodged, to the Principal Registrar of the High Court.
“(3.) Upon an application being made by a party to the petition, the High Court shall have jurisdiction—
(a) to hear the petition; or
(b) to refer the petition for hearing to the Supreme Court of the Northern Territory,
and may take such other action as in the circumstances it deems necessary.
“(4.) If the High Court decides to hear the petition it may proceed to do so upon the petition as telegraphed in pursuance of sub-section (2.) of this section and the original petition shall be forwarded to the Principal Registrar of the High Court by the Clerk of the Supreme Court of the Northern Territory.
“(5.) If the High Court refers the petition for hearing to the Supreme Court of the Northern Territory that Court shall have jurisdiction to hear and decide the petition.
“(6.) A reference in pursuance of paragraph (b) of sub-section (3.) of this section may be made by telegraph and the Supreme Court of the Northern Territory may proceed upon the reference so telegraphed.
“(7.) An appeal shall lie from the Supreme Court of the Northern Territory to the High Court against the decision of the Supreme Court upon any question of law or of mixed law and fact, arising in connexion with a petition heard by the Supreme Court.”.
Overview
The Northern Territory Representation Act 1925 was enacted by the Commonwealth Parliament to amend the Northern Territory Representation Act 1922, addressing the qualifications of members representing the Northern Territory and the procedures for elections and petition hearings. This Act aimed to ensure that the representatives of the Northern Territory were elected under consistent rules with the rest of the Commonwealth, and it introduced a structured process for handling petitions disputing election results, which could be heard by either the High Court or the Supreme Court of the Northern Territory, with appeals possible to the High Court.
Scope and Application
The Northern Territory Representation Act 1925 amends the Northern Territory Representation Act 1922, primarily by modifying the qualifications for members of the House of Representatives from the Northern Territory and adjusting the timing of their elections. This Act applies to individuals who seek to represent the Northern Territory in the House of Representatives and encompasses the procedural aspects of elections within this jurisdiction. The geographical scope of this Act is limited to the Northern Territory, as it pertains to the representation of this specific region within the broader Australian federal parliamentary framework. The Act does not explicitly state any exclusions or exemptions, and its provisions extend directly without the need for subordinate instruments to define its application. This Act ensures that the procedural integrity of elections for the Northern Territory’s representatives aligns with the broader federal electoral processes, as evidenced by the integration of the Commonwealth Electoral Act 1918-1922 in the lodging and hearing of petitions.
Key Provisions
The Northern Territory Representation Act 1925 primarily amends the Northern Territory Representation Act 1922, bringing specific changes to the qualifications of members and the timing of elections. Section 2 updates the terminology from "the member representing the Northern Territory" to "members of the House of Representatives," thereby broadening the scope of who can be elected. Section 3 specifies that elections for the Northern Territory should occur as close as possible to the same time as other elections, ensuring consistency in the electoral calendar. Section 8a introduces detailed provisions for the lodging and hearing of petitions concerning elections. It mandates that petitions disputing an election be lodged with the Clerk of the Supreme Court of the Northern Territory at Darwin, who must then telegraph the petition to the Principal Registrar of the High Court, ensuring the petition is deemed duly filed under the Commonwealth Electoral Act 1918-1922.
The Act imposes several obligations on the parties involved. The Clerk of the Supreme Court of the Northern Territory must receive and validate petitions, ensuring that they are duly signed, witnessed, and accompanied by the required deposit. Once a petition is lodged, the Clerk must promptly telegraph it to the Principal Registrar of the High Court, including a certificate verifying its validity. The High Court, upon receiving the petition, has the jurisdiction to either hear the petition itself or refer it to the Supreme Court of the Northern Territory. If referred, the Supreme Court has the authority to hear and decide the petition, and appeals from its decisions can be made to the High Court on questions of law or mixed law and fact.
For breaches of the provisions outlined in the Act, specific penalties and consequences are established. Although the Act does not detail specific penalties for non-compliance, it does provide a clear framework for handling election petitions. Failure to adhere to the stipulated procedures for lodging and hearing petitions could result in legal challenges, with potential civil or criminal consequences depending on the nature of the breach. The Act’s emphasis on the validity and proper handling of petitions underscores the importance of maintaining the integrity of the electoral process.