Redistribution of Federal Electoral Divisions in the Australian Capital Territory Suggestions and Comments on Suggestions 8 October 2025

Overview

The Commonwealth Electoral Act 1918 (Electoral Act) governs the electoral system in Australia, including the redistribution of federal electoral divisions within territories like the Australian Capital Territory (ACT). The Electoral Act mandates that a redistribution of these divisions must occur every seven years to ensure fairness and accuracy in representation. The problem the Act addresses is the need for regular updates to electoral boundaries to reflect population changes and ensure compliance with legal requirements. Enacted by the Australian Parliament, the policy objective of the Electoral Act is to maintain equitable representation by adjusting electoral boundaries based on population data and other relevant factors. Currently, the Electoral Commissioner, in line with the Act, is inviting suggestions and comments on the redistribution of federal electoral divisions in the ACT, a process which commenced on 12 August 2025, and will ensure adherence to the Act's stipulations regarding population quotas and community interests.

Scope and Application

The Commonwealth Electoral Act 1918 governs the redistribution of federal electoral divisions within the Australian Capital Territory, as mandated by section 64, which requires a redistribution to occur after more than seven years have elapsed since the last one. The redistribution process, initiated by the Electoral Commissioner on 12 August 2025 under section 59, mandates the Redistribution Committee for the Australian Capital Territory to adjust the boundaries of electoral divisions to meet specific electoral quotas. This Act applies to the Redistribution Committee, the Australian Electoral Commission, and any interested individuals or organisations that choose to make written suggestions or comments on the redistribution. The Act’s jurisdictional reach is confined to the Australian Capital Territory and includes provisions for the inclusion of Norfolk Island in an electoral division within the ACT, while ensuring it is separate from the Jervis Bay Territory. The suggested boundaries must ensure that the number of electors in each division does not deviate by more than 10% from the redistribution quota of 107,293 and, as far as practicable, not more than 3.5% from the projected enrolment quota of 114,842 by 8 April 2030. Submissions to the Redistribution Committee must be made publicly available, with personal details redacted, as per the requirements of the Electoral Act.

Key Provisions

The primary sections of the legislation (sections 59, 64, 66, and 56AA of the Commonwealth Electoral Act 1918) mandate a redistribution of federal electoral divisions in the Australian Capital Territory (ACT). This redistribution is necessary as more than seven years have elapsed since the last redistribution. The Electoral Commissioner has directed that the redistribution commence, and the Electoral Commission invites interested parties to submit written suggestions about the redistribution. The Redistribution Committee is required to ensure that the number of electors in each proposed electoral division does not deviate by more than 10% above or below the redistribution quota, which is set at 107,293. As far as practicable, the Committee must also ensure that the number of electors in each electoral division at the projection time (8 April 2030) will not deviate by more than 3.5% above or below the projected enrolment quota of 114,842. The Committee must give due consideration to various factors, such as community interests, means of communication and travel, physical features, and the boundaries of existing divisions, although consideration of existing boundaries is subordinate to other factors. Additionally, Norfolk Island must be included in an electoral division within the ACT, separate from the Jervis Bay Territory, until Norfolk Island is entitled to a member of the House of Representatives. The obligations imposed by the Act include ensuring that the proposed electoral divisions adhere to the strict numerical requirements for the number of electors, and that the Redistribution Committee takes into account the specified factors when making boundary adjustments. Submissions made to the Redistribution Committee must be made publicly available, with personal information such as signatures and residential addresses redacted before publication. Interested parties are advised to submit their suggestions by the relevant deadlines and to consult the ‘Have your say’ page on the AEC’s website for further information. The legislation does not explicitly state specific offences, penalties, or consequences for breach. However, failure to comply with the redistribution requirements could potentially result in legal challenges or disputes over the validity of electoral boundaries, impacting the fairness and representation of the electoral process in the ACT. The maximum penalties for breaches are not specified in the provided text, but any legal infractions related to electoral processes are likely to be subject to the broader provisions of the Electoral Act and other relevant legislation, which could include fines or other civil penalties.