Representation Act 1983
Act No. 109 of 1983 as amended
This compilation was prepared on 24 October 2000
taking into account amendments up to Act No. 58 of 1985
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Representation of each State in the Senate................
4 Repeal of certain Acts............................
5 Transitional provision—increase in size of the Senate.........
6 Transitional provision—determination of State entitlement......
Notes
An Act to increase the number of senators, and for related purposes
1 Short title [see Note 1]
This Act may be cited as the Representation Act 1983.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which the Commonwealth Electoral Legislation Amendment Act 1983 comes into operation.
3 Representation of each State in the Senate
The number of senators for each State shall be 12.
4 Repeal of certain Acts
The following Acts are repealed:
Representation Act 1948
Representation Act 1949.
5 Transitional provision—increase in size of the Senate
(1) Until the day of the first meeting of the Parliament after the first expiration or dissolution of the House of Representatives that occurs after the commencement of this Act, section 3 has effect as if the reference in that section to 12 were a reference to 10.
(2) At the first election of senators for each State held after the commencement of this Act, the number of senators chosen for the State shall be 7.
(3) Of the senators chosen for the State at the election, the 2 non-sitting senators first elected shall be chosen for a term of 6 years and shall hold their places from and including the day referred to in subsection (1), but, for the purpose of maintaining regularity in the rotation of senators, the places of those 2 senators shall, subject to subsection (4), become vacant at the close of 30 June 1991.
(4) Of the senators chosen at the election, the senator last elected shall be chosen for a term of 6 years, but, for the purpose of maintaining regularity in the rotation of senators, his place shall become vacant at the close of 30 June 1988.
(5) Each senator chosen at the election who is not one of the 2 non-sitting senators first elected shall fill a periodical vacancy arising on 1 July 1985.
(6) The allowances payable to a senator who is one of the 2 non-sitting senators first elected shall be reckoned from and including 1 December 1984.
(7) A reference in this section to a non-sitting senator is a reference to a senator who does not hold a place in the Senate immediately before:
(a) the day referred to in subsection (1) if that day is 1 July 1985 or is a day before 1 July 1985; or
(b) where paragraph (a) does not apply—1 July 1985.
(8) If the election referred to in subsection (2) is an election following a dissolution of the Senate, the provisions of subsection (2) have effect as if the reference in that subsection to 7 were a reference to 12 and subsections (3), (4), (5), (6) and (7) do not have effect.
6 Transitional provision—determination of State entitlement
For the purposes of the first determination made under subsection 25(1) of the Commonwealth Electoral Act 1918, the number of senators for the States shall be taken to be 72.
Notes to the Representation Act 1983
Note 1
The Representation Act 1983 as shown in this compilation comprises Act No. 109, 1983 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Representation Act 1983 | 109, 1983 | 8 Dec 1983 | 21 Feb 1984 (see s. 2 and Gazette 1984, No. S62) | |
Commonwealth Electoral Legislation Amendment Act 1984 | 45, 1984 | 25 June 1984 | Ss. 1 and 2: Royal Assent
Ss. 3(2) and 7: 21 Feb 1984
Remainder: 23 July 1984 | S. 8 |
Representation Amendment Act 1985 | 58, 1985 | 4 June 1985 | 4 June 1985 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 5.................... | am. No. 45, 1984; No. 58, 1985 |
Overview
The Representation Act 1983, enacted by the Australian Parliament, was introduced to address the need for an increased number of senators in the Senate, thereby enhancing the representation of each state. The Act was designed to rectify the previous imbalance by ensuring that each state, regardless of size, would have an equal voice in the Senate. The primary objective of the Act was to establish a more equitable representation in the Senate by increasing the number of senators for each state from 10 to 12. This change was intended to reflect the evolving population and needs of the states more accurately. The Act also included transitional provisions to manage the increase in size and ensure a smooth transition during the first elections following the Act's enactment.
Scope and Application
The Representation Act 1983 applies to the determination of the number of senators representing each state in the Australian Senate, and it was enacted to increase the number of senators from ten to twelve. The Act is a Commonwealth statute and therefore applies across the nation, impacting federal elections and the composition of the Senate. The Act specifies transitional provisions for the increase in the size of the Senate, detailing how the change would be phased in during the first elections following the commencement of the Act. There are no explicit exclusions or exemptions within the Act itself, but its application is governed by other electoral laws and regulations. The Act's provisions are further defined and supplemented through subordinate legislation and the Commonwealth Electoral Act 1918. The Act came into operation on the day the Commonwealth Electoral Legislation Amendment Act 1983 came into effect and has been subject to amendments, most notably the Representation Amendment Act 1985, which adjusted certain provisions related to the timing of the changes.
Key Provisions
The Representation Act 1983 (the "Act") fundamentally alters the composition of the Australian Senate by increasing the number of senators for each state to twelve (s. 3). This change in representation was implemented to ensure that each state has an equal voice in the Senate, thereby maintaining the balance of power within the federal parliamentary structure. The Act also provides transitional arrangements for the increase in the size of the Senate (s. 5) and the determination of state entitlement for the purposes of the first determination made under subsection 25(1) of the Commonwealth Electoral Act 1918 (s. 6). These transitional provisions outline a phased approach to the increase, ensuring a smooth and orderly transition to the new number of senators.
The Act imposes specific obligations on the relevant authorities, particularly regarding the timing and manner of elections for the new senators. For instance, the first election of senators for each state after the commencement of the Act must result in the election of seven senators, with two of these non-sitting senators first elected for a term of six years (s. 5(2) and (3)). Additionally, the Act mandates that the places of these two non-sitting senators become vacant at the close of 30 June 1991 to maintain regularity in the rotation of senators (s. 5(4)). The Act further specifies the terms and conditions for the allowances payable to these senators (s. 5(6)) and provides for the reckoning of their allowances from a specific date (s. 5(7)).
The Representation Act 1983 does not explicitly outline offences, penalties, or civil/criminal consequences for breaches of its provisions. However, it is implicit that any failure to comply with the electoral and transitional provisions outlined in the Act could potentially result in legal challenges or disputes. The primary consequences of non-compliance would likely be centred around the validity of elections and the seating of senators, which could be addressed through judicial review or other legal remedies available under the Commonwealth Electoral Act 1918 and other relevant legislation. The maximum penalties for any related offences would be determined by the applicable laws governing electoral processes and administrative actions.