Senate (Representation of Territories) Amendment Act 1980
No. 14 of 1980
An Act to amend the Senate (Representation of Territories) Act 1973
[Assented to 8 April 1980]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Senate (Representation of Territories) Amendment Act 1980.
(2) The Senate (Representation of Territories) Act 1973 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on a date to be fixed by Proclamation.
3. Section 9 of the Principal Act is repealed and the following section is substituted:
Casual vacancies
“9. (1) If the place of a senator for the Northern Territory becomes vacant before the expiration of his term of service, the Legislative Assembly of the Territory shall choose a person to hold the place until the expiration of the term, but if it is not in session when the vacancy is notified, the Administrator of the Territory, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Legislative Assembly or the expiration of the term, whichever first happens.
“(2) If the place of a senator for the Australian Capital Territory becomes vacant before the expiration of his term of service, the Senate and the House of Representatives, sitting and voting together, shall choose a person to hold the place until the expiration of the term, but if the Parliament is not in session when the vacancy is notified, the Governor-General may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Parliament or the expiration of the term, whichever first happens.
“(3) Where a vacancy has at any time occurred in the place of a senator chosen by the people of a Territory and, at the time when he was so chosen, he was publicly recognized by a particular political party as being an endorsed candidate of that party and publicly represented himself to be such a candidate, a person chosen or appointed under this section in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, shall, unless there is no member of that party available to be chosen or appointed, be a member of that party.
“(4) Where—
(a) in accordance with sub-section (3), a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and
(b) before taking his seat he ceases to be a member of that party (otherwise than by reason of the party having ceased to exist),
he shall be deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with sub-section (5).
“(5) Whenever the place of a senator for a Territory becomes vacant before the expiration of his term of service—
(a) in the case of a senator for the Northern Territory—the President of the Senate shall notify the Administrator of the Northern Territory of the vacancy; and
(b) in the case of a senator for the Australian Capital Territory—the President of the Senate shall notify the Governor-General of the vacancy.
“(6) The name of any senator chosen or appointed under sub-section (1) or chosen by the Senate and the House of Representatives under sub-section (2) shall be certified by the Administrator of the Northern Territory or the President of the Senate, as the case may be, to the Governor-General.”.
Application
4. If the place of a senator for a Territory is vacant at the commencement of this Act and became vacant before the expiration of his term of service, section 9 of the Principal Act as amended by this Act applies as if the place of the senator had become vacant after that commencement.
Overview
The Senate (Representation of Territories) Amendment Act 1980 was enacted to amend the Senate (Representation of Territories) Act 1973, specifically addressing the procedure for filling casual vacancies in the Senate for the Northern Territory and the Australian Capital Territory. This legislation was introduced to ensure a more streamlined and defined process for appointing interim senators when a vacancy arises before the end of a senator's term. The Act was passed by the Parliament of Australia, reflecting a policy objective to clarify and refine the mechanisms for representation in the Senate for territories. It ensures that both the Northern Territory and the Australian Capital Territory have clear procedures for filling unexpected vacancies, thereby maintaining the integrity and continuity of the Senate's work.
Scope and Application
The Senate (Representation of Territories) Amendment Act 1980 applies to the representation of senators for the Northern Territory and the Australian Capital Territory. The Act modifies the process for filling casual vacancies in the Senate that arise from these territories. It specifies that in the case of the Northern Territory, the vacancy must be filled by the Legislative Assembly of the Territory, or, if the Assembly is not in session, by the Administrator of the Territory with the advice of the Executive Council. For the Australian Capital Territory, the vacancy must be filled by the joint sitting of the Senate and the House of Representatives, or by the Governor-General if Parliament is not in session. This Act extends to the Commonwealth of Australia and its territories, governing the replacement of senators in the event of a vacancy before the expiration of their term. The Act does not explicitly state any exclusions or exemptions, and the provisions are directly applicable as written without the need for subordinate instruments to extend or restrict their application.
Key Provisions
The Senate (Representation of Territories) Amendment Act 1980 (section 1) amends the Senate (Representation of Territories) Act 1973. The Act introduces new procedures for filling casual vacancies in the Senate for senators representing the Northern Territory and the Australian Capital Territory. Under section 9(1) of the Act, if a senator's seat for the Northern Territory becomes vacant before the term ends, the Legislative Assembly of the Northern Territory must select a replacement. If the Assembly is not in session when the vacancy arises, the Administrator of the Territory, with advice from the Executive Council, can appoint a temporary replacement until the next Assembly session or until the term ends, whichever comes first. For the Australian Capital Territory, section 9(2) states that if a vacancy occurs, the Senate and the House of Representatives, sitting and voting together, must choose a replacement. If Parliament is not in session, the Governor-General can appoint a temporary replacement until Parliament reconvenes or the term ends, whichever is sooner. The Act also includes provisions for political party affiliations of replacements, as outlined in sections 9(3) to 9(6).
The Act imposes specific obligations on various parties to ensure the timely filling of Senate vacancies. The Legislative Assembly of the Northern Territory and the joint sitting of the Senate and the House of Representatives must select replacements within their respective frameworks. The Administrator of the Northern Territory and the Governor-General must act within their powers to appoint temporary replacements if the Assembly or Parliament is not in session. Additionally, section 9(6) mandates that the name of any chosen or appointed senator must be certified by the appropriate authority and submitted to the Governor-General for formal recognition.
Failure to adhere to the provisions of the Act may result in certain legal consequences. While the Act does not explicitly state penalties for non-compliance, breaches of the outlined procedures could potentially lead to disputes over the legitimacy of a senator's appointment or term. The Act’s focus is on procedural compliance rather than on imposing specific penalties, leaving it to the courts to interpret the consequences of non-compliance within the broader legal context.