Representation Amendment Act 1985

Overview

The Representation Amendment Act 1985 was enacted to address the impending increase in the size of the Senate as stipulated in the Representation Act 1983. This Act was introduced to ensure that the legislative framework was aligned with the scheduled expansion, which was to take effect from 1 December 1984. The enacting body was the Parliament of the Commonwealth of Australia, with the Act receiving Royal Assent on 4 June 1985. The primary objective of this legislation was to update the Representation Act 1983 to reflect the change in the composition of the Senate, thereby maintaining the integrity and functionality of the legislative process in light of the enlargement. This amendment was necessary to provide a legal basis for the increased number of senators and to facilitate the smooth transition into the new structure.

Scope and Application

The Representation Amendment Act 1985 applies to the amendment of the Representation Act 1983, which governs the representation of the people in the Parliament of the Commonwealth of Australia. Specifically, this Act modifies the provisions of the Principal Act concerning the size of the Senate. It is applicable to the Commonwealth of Australia and affects the federal electoral system by altering the number of senators per state. This change was necessitated by the increase in the population of Australia, ensuring that representation in the Senate reflects the population distribution more accurately. The Act includes a transitional provision specifying that the amendment takes effect from 1 December 1984, ensuring a smooth transition in representation without immediate effect from the date of Royal Assent. The Act does not explicitly state exclusions, exemptions, or thresholds, but its application is confined to the adjustment of the size of the Senate as per the specified date. Any further details or extensions of application would be managed through subordinate instruments as necessary to implement the amended provisions.

Key Provisions

The Representation Amendment Act 1985 (sections 1-2) establishes the short title and the commencement date of the Act, which is the day it receives Royal Assent. The Act amends the Representation Act 1983, referred to as the Principal Act, by specifically changing the date from which the size of the Senate is determined (section 3). Section 5 of the Principal Act is altered by substituting a specific date, 1 December 1984, for the previously mentioned date referred to in subsection (1). The Representation Amendment Act 1985 imposes obligations on the relevant authorities to ensure that the changes to the Principal Act are enacted and adhered to. This includes the amendment of the date for determining the size of the Senate. The Act mandates that the number of senators will be based on the population count as of 1 December 1984, ensuring that any future adjustments to the Senate’s size will reflect this new baseline. The Act does not explicitly state any offences, penalties, or consequences for non-compliance with its provisions. However, by amending the Principal Act, it sets a clear directive that must be followed in the administration of the Senate. Non-compliance with the stipulated date for determining the size of the Senate could potentially lead to legal challenges or disputes regarding the legitimacy of the Senate’s composition, although specific penalties are not outlined in this Act. The focus remains on ensuring that the amendments are correctly implemented to reflect the intended changes in the representation structure.