Representation Act 1964

Overview

The Representation Act 1964 was enacted to address the issue of the number of members of the House of Representatives to be chosen in each state. This Act was introduced to amend the Representation Act 1905-1938 and was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of the Act was to revise the process for determining the representation of the states in the House of Representatives, as well as to nullify the previous determinations made under the Principal Act. By omitting certain words from section ten of the Principal Act and mandating a new determination by the Chief Electoral Officer, the Act aimed to ensure a more accurate and up-to-date allocation of representatives. This legislation was crucial in maintaining the integrity and fairness of the electoral system by reflecting the changing population and distribution across the states.

Scope and Application

The Representation Act 1964 applies to the determination of the number of members of the House of Representatives to be chosen in each state of Australia. The Act modifies the Representation Act 1905-1938, now referred to as the Principal Act, by altering the formula used to determine the representation of states in the House of Representatives. Specifically, it nullifies the previous determination made by the Chief Electoral Officer under the Principal Act and mandates a new determination following the Act's commencement. This Act applies nationally across the Commonwealth of Australia, impacting the federal electoral system and ensuring the representation of states is recalculated in accordance with the updated legislative framework. The Act provides no specific exclusions or exemptions, and its application is direct and comprehensive within the Commonwealth's jurisdiction. The scope of the Act is extended through the amendment of the Principal Act, which allows for further adjustments and interpretations through subordinate instruments if necessary.

Key Provisions

The Representation Act 1964 (Act) primarily amends the Representation Act 1905-1938 (Principal Act) to revise the determination of the number of members of the House of Representatives to be chosen in the several states. Under section 3, the amendment removes the phrase "greater than one-half of the quota" from paragraph (b) of section ten of the Principal Act, thereby altering the criteria for determining representation. Section 4 stipulates that the last determination made by the Chief Electoral Officer under the Principal Act shall not have effect post the Act's commencement and mandates that a new determination be made forthwith in accordance with the amended section ten. The Act imposes specific obligations on the Chief Electoral Officer. As per section 4, the Chief Electoral Officer is required to make a new determination of the number of members of the House of Representatives to be chosen in the several states immediately following the Act's commencement. This determination must adhere to the revised criteria set out in the amended section ten of the Principal Act. The Act ensures that the Chief Electoral Officer's role is updated to reflect the new legislative framework for determining representation. The Act does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, it is implicit that any failure by the Chief Electoral Officer to comply with the Act's requirements could potentially lead to legal repercussions, given the critical nature of their role in the electoral process. The absence of detailed penalties in the Act suggests that any breaches would likely be addressed under general legal principles governing administrative actions and the responsibilities of public officers.