STATUTORY RULES.
1925. No. 211.
REGULATIONS MADE UNDER THE REPRESENTATION ACT 1906.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Representation Act 1906, to come into operation forthwith.
Dated this second day of December, 1925.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Home and Territories.
Representation Regulations.
Short title.
1. These Regulations may be cited as the Representation Regulations.
2. In ascertaining the numbers of the people of the Commonwealth as on an Enumeration Day (not being a census day) occurring after the commencement of these Regulations, allowances shall be made in the following manner in lieu of that specified in Schedule A to the Representation Act 1905:—
(a) Increases and decreases in the numbers of the people in each State, arising from births and deaths, and arrivals and departures (whether by sea or rail), during the period from the last Census Day up to and including the last quarter-day before enumeration day shall be ascertained.
(b) The Chief Electoral Officer may accept as evidence of increases or decreases, and of the number of persons who by section twenty-five or section one hundred and twenty-seven of the Constitution are required not to be counted, any returns supplied to him by the Government Statistician of the Commonwealth or of any State.
(c) Returns supplied by the Government Statistician of the Commonwealth or of any State to the Chief Electoral Officer shall be based on official information received as follows—
(i) In the case of births and deaths, from the Registrar-General of Births and Deaths, or the officer filling a corresponding position in any State;
(ii) In the case of arrivals and departures by sea, from the Department of Trade and Customs;
(iii) In the case of arrivals and departures by rail, from the official counts of border railway migration.
C.17976.—Price 3d.
(d) To the recorded number of persons departing from any State to a destination outside Australia there shall be added one per cent., in respect of males and four and one-half per centum in respect of females recorded as so departing, to allow for unrecorded migration.
(e) The inter-State departures from the several States shall be adjusted by the deduction in the case of New South Wales of 65, and in the case of Queensland of 480, from the number of such departures recorded in each quarter; and in the case of the other States the adjustment shall take the form of an addition to the number of departures recorded, the numbers so added in each quarter being 160 in the case of Victoria, 75 in the case of South Australia, 210 in the case of Western Australia, and 90 in the case of Tasmania, to allow for unrecorded migration.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Representation Regulations 1925 were made under the Representation Act 1906 to provide a method for ascertaining the numbers of the people of the Commonwealth on an Enumeration Day. This legislative instrument was enacted to address the gap in the previous method of determining population figures, ensuring a more accurate and up-to-date representation of the population for electoral purposes. The Governor-General, acting on the advice of the Federal Executive Council, established these regulations, which aim to adjust population numbers based on births, deaths, and migrations between the last census and the enumeration day. The policy objective behind these regulations is to facilitate a more precise calculation of population changes, which is crucial for the apportionment of electoral divisions.
Scope and Application
The Representation Regulations, made under the Representation Act 1906, apply to the ascertainment of the numbers of the people of the Commonwealth during enumeration days occurring after the commencement of these Regulations. These Regulations pertain to the methodology for determining population figures for electoral purposes, ensuring that population counts are accurately adjusted for changes such as births, deaths, and migration during the period between the last Census Day and the enumeration day. The Chief Electoral Officer is empowered to accept evidence from the Government Statistician of the Commonwealth or any state, based on official information from relevant departments and agencies. The adjustments include additional allowances for unrecorded migration, particularly for persons departing from any State to a destination outside Australia. These Regulations thus have a Commonwealth-wide application, impacting the electoral representation across all states and territories by ensuring that population data used for electoral purposes is as accurate and up-to-date as possible.
Key Provisions
The Representation Regulations, made under the Representation Act 1906, detail specific procedures for determining population numbers for electoral purposes. These regulations, which come into operation immediately, introduce specific methods for calculating population figures in lieu of those outlined in Schedule A to the Representation Act 1905 (section 2). The key provisions require adjustments to account for population changes due to births, deaths, and migration, both recorded and unrecorded, over the period from the last census to the enumeration day (section 2(a)). The Chief Electoral Officer is authorised to accept evidence of these changes from the Government Statistician of the Commonwealth or any state, provided such information is based on official data sources (section 2(b) and (c)).
The obligations imposed by these regulations primarily fall on the Chief Electoral Officer and the Government Statistician. The Chief Electoral Officer must accept specified evidence for population adjustments and base calculations on the data provided by the Government Statistician. The Government Statistician is tasked with compiling and supplying this data, ensuring it is derived from the appropriate official sources, such as the Registrar-General of Births and Deaths, the Department of Trade and Customs, and border railway migration counts (section 2(c)). Additionally, specific adjustments are mandated to account for unrecorded migration, with different percentages added or deducted for males and females, as well as inter-state migration adjustments (section 2(d) and (e)).
Failure to comply with the provisions of these regulations could result in inaccuracies in electoral representation, as the population figures derived are foundational for determining electoral boundaries and representation. While the regulations themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches, non-compliance could potentially lead to legal challenges or disputes regarding the validity of electoral outcomes. The implications of such inaccuracies could be significant, impacting the legitimacy and fairness of electoral processes.