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Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 9

9. Part III of the Principal Act is repealed and the following Parts are
substituted:

                ''PART  III-REPRESENTATION  IN  THE  PARLIAMENT


''Division 1-Choosing of senators for Queensland Senators to be directly
chosen by people of State, &c.

''16. (1) Senators for the State of Queensland shall be directly chosen by the
people of the State voting as one electorate.

''(2) The Parliament of the State of Queensland may not make laws pursuant to
section 7 of the Constitution dividing the State into divisions and
determining the number of senators to be chosen for each division.

''Division 2-Representation of the Territories in the Senate Representation of
Australian Capital Territory and Northern Territory

''17. The Australian Capital Territory and the Northern Territory shall each
be represented in the Senate by 2 senators for the Territory directly chosen
by the people of the Territory voting as one electorate. Powers, privileges
and immunities of senator for Territory

''18. (1) A senator for a Territory has all the powers, privileges and
immunities of a senator for a State and-

   (a)  shall be included in the whole number of the senators for the purpose
        of ascertaining the number of senators necessary to constitute a
        meeting of the Senate for the exercise of its powers and, if present,
        shall be counted for the purpose of determining whether the necessary
        number of senators are present; and

   (b)  has a vote on all questions arising in the Senate.

''(2) The provisions contained in sections 16, 19 and 20 and sections 42 to 48
(inclusive) of the Constitution, to the extent (if any) to which they do not
apply, by virtue of the Constitution, in relation to a senator for a
Territory, apply, by force of this sub-section, in relation to such a senator
in the same way as they apply in relation to a senator for a State. Term of
service of senator for Territory

''19. The term of service of a senator for a Territory commences on the day of
his election and expires at the close of the day next preceding the polling
day for the general election next following his election. Time of elections of
senators for Territories

''20. An election of the senators for each Territory shall be held at the same
time as each general election. Casual vacancies for places of senators for
Territories

''21. (1) If the place of a senator for the Australian Capital Territory
becomes vacant before the expiration of his term of service, the members of
the Senate and the House of Representatives, sitting and voting together at a
joint sitting of the members convened by the Governor-General, 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.

''(2) 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 the Legislative Assembly 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.

''(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 Australian Capital Territory-the
        President of the Senate shall notify the Governor-General of the
        vacancy; and

   (b)  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.

''(6) The name of any senator chosen by the members of the Senate and the
House of Representatives under sub-section (1), or chosen or appointed under
sub-section (2), shall be certified by the President of the Senate or the
Administrator of the Northern Territory, as the case may be, to the
Governor-General.

''(7) Except in so far as the contrary intention appears in this section, an
expression that is used in this section and in section 15 of the Constitution
has, in this section, the same meaning as in section 15 of the Constitution.

''Division 3-Representation of the States in the House of Representatives
Interpretation

''22. In this Division, 'people of the Commonwealth' does not include the
people of any Territory that is referred to in section 122 of the
Constitution. Ascertainment of numbers of people of Commonwealth and States

''23. Where a House of Representatives has continued for a period of 11 months
after the day of the first meeting of that House, the Electoral Commissioner
shall, within one month after the expiration of the period of 11 months, if
that House is still continuing, ascertain the numbers of the people of the
Commonwealth and of the several States in accordance with the latest
statistics of the Commonwealth. Supply of statistical information by
Australian Statistician

''24. The Australian Statistician shall, on request by the Electoral
Commissioner, supply the Electoral Commissioner with all such statistical
information as he requires for the purposes of this Division. Determination of
number of members of House of Representatives to be chosen in States

''25. (1) The Electoral Commissioner shall, forthwith after he has
ascertained, in accordance with section 23, the numbers of the people of the
Commonwealth and of the several States, determine, in accordance with
sub-section (2), the number of members of the House of Representatives to be
chosen in the several States at a general election.

''(2) The number of members of the House of Representatives to be chosen in
the several States at a general election shall, subject to the Constitution,
be determined by the Electoral Commissioner in the following manner:

   (a)  a quota shall be ascertained by dividing the number of people of the
        Commonwealth, as ascertained in accordance with section 23, by twice
        the number of the senators for the States;

   (b)  the number of members to be chosen in each State shall be determined
        by dividing the number of people of the State, as ascertained in
        accordance with section 23, by the quota and, if on such division
        there is a remainder greater than one-half of the quota, one more
        member shall be chosen in the State.

''(3) Notwithstanding anything contained in any other law, but subject to the
Constitution and to section 39B and Part VII of the Judiciary Act 1903, a
decision by the Electoral Commissioner made, or purporting to be made, under
sub-section (1)-

   (a)  is final and conclusive;

   (b)  shall not be challenged, appealed against, reviewed, quashed, set
        aside or called in question in any court or tribunal on any ground;
        and

   (c)  is not subject to mandamus, prohibition, certiorari or injunction, or
        the making of a declaratory or other order, in any court on any
        ground.

''(4) A determination under sub-section (1) shall be made by instrument in
writing. Notification of determination

''25A. (1) The Electoral Commissioner shall, forthwith after he has
determined, in accordance with section 25, the number of members of the House
of Representatives to be chosen in the several States at a general election-

   (a)  forward to the Minister a certificate setting out-

        (i)    the numbers of the people of the Commonwealth and of the
               several States ascertained by him in accordance with section
               23; and

        (ii)   the number of members of the House of Representatives so
               determined by him; and

   (b)  cause a copy of the certificate to be published forthwith in the
        Gazette.

''(2) The Minister shall cause copies of the certificate to be laid before
each House of the Parliament within 5 sitting days of that House after he
receives the certificate. Number of members of House of Representatives to be
chosen in States

''25B. The number of members of the House of Representatives to be chosen in
each State at a general election shall be in accordance with the last
determination made under sub-section 25 (1) before that general election.
''Division 4-Representation of the Territories in the House of
Representatives Representation of Australian Capital Territory

''25C. The representation of the Australian Capital Territory in the House of
Representatives shall be by 2 members directly chosen by the people of the
Territory. Representation of Northern Territory

''25D. The representation of the Northern Territory in the House of
Representatives shall be by one member directly chosen by the people of the
Territory. Powers, privileges and immunities of member for Territory

''25E. (1) A member of the House of Representatives chosen in a Territory has
all the powers, privileges and immunities of a member of the House of
Representatives chosen in a State and-

   (a)  shall be included in the whole number of the members of the House of
        Representatives for the purpose of ascertaining the number of members
        necessary to constitute a meeting of the House for the exercise of its
        powers and, if present, shall be counted for the purpose of
        determining whether the necessary number of members are present; and

   (b)  has a vote on all questions arising in the House.

''(2) The provisions contained in sections 32, 33, 37 and 38 and sections 42
to 48 (inclusive) of the Constitution, to the extent (if any) to which they do
not apply, by virtue of the Constitution, in relation to a member of the House
of Representatives chosen in a Territory, apply, by force of this sub-section,
in relation to such a member in the same way as they apply in relation to a
member of the House of Representatives chosen in a State. Time of elections of
members for Territories

''25F. An election of the members of the House of Representatives to be chosen
in a Territory shall be held at the same time as each general election.

                       ''PART  IIIA-ELECTORAL  DIVISIONS
Interpretation

''25G. (1) In this Part-

'average divisional enrolment', in relation to a State or the Australian
Capital Territory, means-

   (a)  subject to paragraph (b), the number ascertained by dividing the
        number of electors enrolled in the State or Territory by the number of
        Divisions into which the State or Territory is for the time being
        distributed; or

   (b)  in a case where the number ascertained in accordance with paragraph
        (a) includes a fraction-the number so ascertained-

        (i)    if the fraction is less than one-half-reduced to the nearest
               whole number; or

        (ii)   if the fraction is one-half or more-increased to the nearest
               whole number;

'Territory' means the Australian Capital Territory.

''(2) A person-

   (a)  whose name has been placed on a Roll in pursuance of a claim made
        under section 41A; and

   (b)  who has not attained 18 years of age,
shall be taken, for the purposes of this Part, not to be an elector. States
and Australian Capital Territory to be distributed into Electoral Divisions

''25H. Each State and the Australian Capital Territory shall be distributed
into Electoral Divisions. One member to be chosen for each Electoral Division

''25I. One member of the House of Representatives shall be chosen for each
Electoral Division. Monthly ascertainment of enrolment, &c.

''25J. (1) The Electoral Commissioner shall, forthwith after the end of each
month-

   (a)  ascertain, in respect of each State and the Australian Capital
        Territory, as at the close of a day in the month, the number of
        electors enrolled in each Division;

   (b)  determine, in respect of each State and the Australian Capital
        Territory, as at the close of that day in the month-

        (i)    the average divisional enrolment; and

        (ii)   the extent to which the number of electors enrolled in each
               Division differs from the average divisional enrolment; and

   (c)  cause a statement setting out the matters so ascertained and
        determined to be published forthwith in the Gazette.

''(2) Nothing in sub-section (1) shall be taken to require a determination
under that sub-section to be made in respect of the several States and the
Australian Capital Territory as at the close of the same day in a month.

''(3) A determination under sub-section (1) shall be made by instrument in
writing. Times at which redistributions are to commence

''25K. (1) A redistribution of a State or the Australian Capital Territory
into Divisions shall commence whenever the Electoral Commission so directs by
notice published in the Gazette.

''(2) Subject to sub-sections (3) and (5), a direction under sub-section (1)
shall be made in relation to a State-

   (a)  forthwith after the making of a determination under sub-section 25 (1)
        that results in an alteration of the number of members of the House of
        Representatives to be chosen in the State at a general election;

   (b)  whenever it appears to the Electoral Commission, from statements
        published under sub-section 25J (1), that more than one-third of the
        Divisions in the State are, and have, for a period of more than 2
        months, been, malapportioned Divisions; and

   (c)  if a period of 7 years after the day on which the State was last
        distributed into Electoral Divisions by a determination under
        sub-section 25Z (1) expires, forthwith after the expiration of the
        period of 7 years,
and not otherwise.

''(3) A direction under sub-section (1) shall not be made in relation to a
State by virtue of paragraph (2) (b) or (c)-

   (a)  if the State is undergoing redistribution into Divisions; or

   (b)  within one year before the date of expiry of a House of
        Representatives by effluxion of time.

''(4) If a period of 7 years after the day on which a State was last
distributed into Electoral Divisions by a determination under sub-section 25Z
(1) expires within one year before the date of expiry of a House of
Representatives by effluxion of time, sub-section (2) of this section has
effect, in relation to the expiration of that first-mentioned period, as if
the reference in paragraph (c) to forthwith after the expiration of the period
of 7 years were a reference to forthwith after the day of the first meeting of
the next following House of Representatives.

''(5) Where-

   (a)  a direction under sub-section (1) is, but for this sub-section,
        required by sub-section (2) (including that sub-section as affected by
        sub-section (4)) to be made in relation to a State at any time within
        one year after the day of the first meeting of a House of
        Representatives;

   (b)  a determination under sub-section 25 (1) has not been made after the
        day of that first meeting; and

   (c)  the Electoral Commission is of the opinion that the next following
        determination under sub-section 25 (1) will or may result in an
        alteration of the number of members of the House of Representatives to
        be chosen in the State at a general election,
the Electoral Commission may, by notice published in the Gazette, direct that
sub-section (2) does not apply in relation to the State until the making of
the determination referred to in paragraph (c).

''(6) Where-

   (a)  a State is undergoing redistribution into Divisions; and

   (b)  a direction under sub-section (1) is made in relation to the State by
        virtue of paragraph (2) (a),
the redistribution of the State into Divisions, being the redistribution
referred to in paragraph (a) of this sub-section, is, by force of this
sub-section, terminated.

''(7) Subject to sub-section (8), a direction under sub-section (1) shall be
made in relation to the Australian Capital Territory-

   (a)  whenever it appears to the Electoral Commission, from statements
        published under sub-section 25J (1), that a Division in the Territory
        is, and has, for a period of more than 2 months, been, a
        malapportioned Division; and

   (b)  if a period of 7 years after the day on which the Territory was last
        distributed into Electoral Divisions by a determination under
        sub-section 25Z (1) expires, forthwith after the expiration of the
        period of 7 years,
and not otherwise.

''(8) A direction under sub-section (1) shall not be made in relation to the
Australian Capital Territory-

   (a)  if the Territory is undergoing redistribution into Divisions; or

   (b)  within one year before the date of expiry of a House of
        Representatives by effluxion of time.

''(9) If a period of 7 years after the day on which the Australian Capital
Territory was last distributed into Electoral Divisions by a determination
under sub-section 25Z (1) expires within one year before the date of expiry of
a House of Representatives by effluxion of time, sub-section (7) of this
section has effect, in relation to the expiration of that first-mentioned
period, as if the reference in paragraph (b) to forthwith after the expiration
of the period of 7 years were a reference to forthwith after the day of the
first meeting of the next following House of Representatives.

''(10) A reference in this section to a malapportioned Division is a reference
to a Division in a State or the Australian Capital Territory in which the
number of electors enrolled differs from the average divisional enrolment of
the State or Territory to a greater extent than one-tenth more or one-tenth
less.

''(11) For the purposes of this section, a State or the Australian Capital
Territory is undergoing redistribution into Divisions if-

   (a)  a redistribution of the State or Territory into Divisions has
        commenced by virtue of a direction under sub-section (1);

   (b)  in the case of a State-the redistribution has not been terminated
        under sub-section (6); and

   (c)  the State or Territory has not been distributed into Electoral
        Divisions as a result of the redistribution so commenced.
Redistribution Committee for State

''25L. (1) For the purposes of each redistribution of a State, the Electoral
Commission shall, as soon as practicable after the commencement of the
redistribution, appoint, by instrument in writing, a Redistribution Committee
for the State.

''(2) Subject to sub-sections (3) and (4), the members of a Redistribution
Committee for a State shall be-

   (a)  the Electoral Commissioner;

   (b)  the Australian Electoral Officer for the State;

   (c)  the Surveyor-General for the State; and

   (d)  the Auditor-General of the State.

''(3) If the Surveyor-General for the State is not available to serve as a
member of the Redistribution Committee, the Electoral Commission shall
appoint-

   (a)  in a case where there is a Deputy Surveyor-General for the State who
        is available to serve as a member of the Redistribution Committee-a
        Deputy Surveyor-General for the State who is so available; or

   (b)  in any other case-an officer of the Australian Public Service
        nominated for the purpose by the Governor-General, being an officer
        who is, in the opinion of the Governor-General, a senior officer of
        the Australian Public Service having a status similar to the
        Surveyor-General for the State,
as a member of the Redistribution Committee in lieu of the Surveyor-General
for the State.

''(4) If the Auditor-General of the State is not available to serve as a
member of the Redistribution Committee, the Electoral Commission shall
appoint-

   (a)  in a case where there is a Deputy Auditor-General of the State who is
        available to serve as a member of the Redistribution Committee-a
        Deputy Auditor-General of the State who is so available; or

   (b)  in any other case-an officer of the Australian Public Service
        nominated for the purpose by the Governor-General, being an officer
        who is, in the opinion of the Governor-General, a senior officer of
        the Australian Public Service having a status similar to the
        Auditor-General of the State,
as a member of the Redistribution Committee in lieu of the Auditor-General of
the State.

''(5) Subject to sub-section (6), the performance of the functions, and the
exercise of the powers, of a Redistribution Committee for a State are not
affected by reason only of there being a vacancy, or a change or changes, in
the membership of the Redistribution Committee.

''(6) Where, within any period of not more than 30 days (being a period before
the making under sub-section 25S (1) of a proposed redistribution of the State
by the Redistribution Committee), 2 or more persons who are members of the
Redistribution Committee die or become unable, by reason of physical or mental
incapacity, to serve or continue to serve as members of the Redistribution
Committee, the Electoral Commission shall, by instrument in writing, revoke
the appointment of the Redistribution Committee and appoint, for the purposes
of the redistribution, another Redistribution Committee for the State in
accordance with sub-sections (2), (3) and (4).

''(7) Where, in pursuance of sub-section (6), the Electoral Commission revokes
the appointment of a Redistribution Committee for a State and appoints another
Redistribution Committee for the State, the provisions of this Part apply as
if the first-mentioned Redistribution Committee had never been appointed.
Redistribution Committee for Australian Capital Territory

''25M. (1) For the purposes of each redistribution of the Australian Capital
Territory, the Electoral Commission shall, as soon as practicable after the
commencement of the redistribution, appoint, by instrument in writing, a
Redistribution Committee for the Territory.

''(2) For the purposes of the redistribution, the Electoral Commission shall,
by instrument in writing, determine which of the Divisional Returning Officers
for the Divisions in the Australian Capital Territory is to be the senior
Divisional Returning Officer for the Territory.

''(3) Subject to sub-section (4), the members of a Redistribution Committee
for the Australian Capital Territory shall be-

   (a)  the Electoral Commissioner;

   (b)  the senior Divisional Returning Officer for the Territory;

   (c)  the Commonwealth Surveyor-General; and

   (d)  an officer of the Australian Public Service nominated for the purpose
        by the Governor-General, being an officer who is, in the opinion of
        the Governor-General, a senior officer of the Australian Public
        Service.

''(4) If the Commonwealth Surveyor-General is not available to serve as a
member of the Redistribution Committee, the Electoral Commission shall
appoint-

   (a)  in a case where there is a Deputy Commonwealth Surveyor-General who is
        available to serve as a member of the Redistribution Committee-a
        Deputy Commonwealth Surveyor-General who is so available; or

   (b)  in any other case-an officer of the Australian Public Service
        nominated for the purpose by the Governor-General, being an officer
        who is, in the opinion of the Governor-General, a senior officer of
        the Australian Public Service,
as a member of the Redistribution Committee in lieu of the Commonwealth
Surveyor-General.

''(5) Subject to sub-section (6), the performance of the functions, and the
exercise of the powers, of a Redistribution Committee for the Australian
Capital Territory are not affected by reason only of there being a vacancy, or
a change or changes, in the membership of the Redistribution Committee.

''(6) Where, within any period of not more than 30 days (being a period before
the making under sub-section 25S (1) of a proposed redistribution of the
Australian Capital Territory by the Redistribution Committee), 2 or more
persons who are members of the Redistribution Committee die or become unable,
by reason of physical or mental incapacity, to serve or continue to serve as
members of the Redistribution Committee, the Electoral Commission shall, by
instrument in writing, revoke the appointment of the Redistribution Committee
and appoint, for the purposes of the redistribution, another Redistribution
Committee for the Territory in accordance with sub-sections (3) and (4).

''(7) Where, in pursuance of sub-section (6), the Electoral Commission revokes
the appointment of a Redistribution Committee for the Australian Capital
Territory and appoints another Redistribution Committee for the Territory, the
provisions of this Part apply as if the first-mentioned Redistribution
Committee had never been appointed. Proceedings at meetings of Redistribution
Committee, &c.

''25N. (1) The Electoral Commissioner may, at any time, convene a meeting of a
Redistribution Committee for a State or the Australian Capital Territory.

''(2) The Electoral Commissioner shall preside at all meetings of a
Redistribution Committee at which he is present.

''(3) If the Electoral Commissioner is not present at a meeting of a
Redistribution Committee for a State, the Australian Electoral Officer for the
State shall preside.

''(4) If the Electoral Commissioner is not present at a meeting of a
Redistribution Committee for the Australian Capital Territory, the senior
Divisional Returning Officer for the Territory shall preside.

''(5) At a meeting of a Redistribution Committee, 3 members constitute a
quorum.

''(6) Questions arising at a meeting of a Redistribution Committee shall be
determined by a majority of the votes of the members present and voting.

''(7) The member presiding at a meeting of a Redistribution Committee has a
deliberative vote and, in the event of an equality of votes, also has a
casting vote.

''(8) A Redistribution Committee may regulate the conduct of proceedings at
its meetings as it thinks fit.

''(9) A Redistribution Committee may inform itself on any matter in such
manner as it thinks fit and may consult with such persons as it thinks fit.

''(10) The Electoral Commission shall, on request by a Redistribution
Committee, supply the Redistribution Committee with all such information, and
provide the Redistribution Committee with all such assistance, as it requires
for the purposes of this Part. Sub-committees

''25P. (1) A Redistribution Committee for a State or the Australian Capital
Territory may, by instrument in writing, appoint sub-committees to assist it.

''(2) A sub-committee shall consist of 3 members of the Redistribution
Committee. Suggestions and comments relating to redistribution

''25Q. (1) A Redistribution Committee for a State or the Australian Capital
Territory shall, as soon as practicable after its appointment, by notice
published in the Gazette and in 2 newspapers circulating throughout the State
or Territory-

   (a)  invite written suggestions relating to the redistribution of the State
        or Territory to be lodged with it within the period of 30 days after
        the publication of the notice in the Gazette; and

   (b)  invite written comments, being comments relating to suggestions lodged
        with it in pursuance of paragraph (a), to be lodged with it within the
        period of 14 days after the expiration of the period referred to in
        that paragraph.

''(2) The Redistribution Committee shall, forthwith after the expiration of
the period referred to in paragraph (1) (a), cause copies of the suggestions
lodged with it in pursuance of that paragraph to be made available for perusal
at-

   (a)  in the case of a redistribution of a State-the office of the
        Australian Electoral Officer for the State; and

   (b)  in the case of a redistribution of the Australian Capital
        Territory-the office of the senior Divisional Returning Officer for
        the Territory.

''(3) The Redistribution Committee shall consider all of the suggestions and
comments lodged with it in pursuance of sub-section (1). Quota

''25R. (1) For the purposes of each redistribution of a State or the
Australian Capital Territory, the Electoral Commissioner shall, by instrument
in writing, determine, in accordance with sub-section (2), the quota of
electors for the State or Territory.

''(2) The quota of electors for a State or the Australian Capital Territory
shall be determined by the Electoral Commissioner by dividing the number, as
nearly as can be ascertained by him, of electors enrolled in the State or
Territory at the expiration of the period of 14 days referred to in paragraph
25Q (1) (b) by the number of members of the House of Representatives to be
chosen in the State or Territory at a general election and-

   (a)  if the number so obtained includes a fraction that is less than
        one-half-reducing that number to the nearest whole number; or

   (b)  if the number so obtained includes a fraction that is one-half or
        more-increasing that number to the nearest whole number.
Redistribution Committee to make proposed redistribution

''25S. (1) A Redistribution Committee for a State or the Australian Capital
Territory shall, in accordance with sub-sections (2), (3) and (4), make a
proposed redistribution of the State or Territory.

''(2) The proposed redistribution shall propose the distribution of the State
or Territory into Electoral Divisions equal in number to the number of members
of the House of Representatives to be chosen in the State or Territory at a
general election.

''(3) In making the proposed redistribution, the Redistribution Committee-

   (a)  shall, as far as practicable, endeavour to ensure that, 3 years and 6
        months after the State or Territory has been redistributed, the number
        of electors enrolled in each proposed Electoral Division in the State
        or Territory will be equal; and

   (b)  subject to paragraph (a), shall give due consideration, in relation to
        each proposed Electoral Division, to-

        (i)    community of interests within the proposed Electoral Division,
               including economic, social and regional interests;

        (ii)   means of communication and travel within the proposed Electoral
               Division;

        (iii)  the trend of population changes within the State or Territory;

        (iv)   the physical features and area of the proposed Electoral
               Division; and

        (v)    the boundaries of existing Divisions in the State or Territory,
and subject thereto the quota of electors for the State or Territory shall be
the basis for the proposed redistribution, and the Redistribution Committee
may adopt a margin of allowance, to be used whenever necessary, but in no case
shall the quota be departed from to a greater extent than one-tenth more or
one-tenth less.

''(4) In a proposed redistribution of the Australian Capital Territory, the
whole of the Jervis Bay Territory shall be included in one proposed Electoral
Division. Reasons for proposed redistribution

''25T. A Redistribution Committee for a State or the Australian Capital
Territory shall state, in writing, its reasons for the proposed redistribution
made by it under sub-section 25S (1) and any member of the Redistribution
Committee who disagrees with the proposed redistribution may state in writing
the reasons for his disagreement. Notice of proposed redistribution

''25U. (1) A Redistribution Committee for a State or the Australian Capital
Territory shall, as soon as practicable after it has made its proposed
redistribution of the State or Territory-

   (a)  cause a map or maps showing the names and boundaries of each proposed
        Electoral Division in the State or Territory to be exhibited at-

        (i)    such post offices, and such other places, as it determines by
               instrument in writing; and

        (ii)   each office of the Electoral Commission in the State or
               Territory;

   (b)  cause copies of-

        (i)    the comments lodged with it in pursuance of paragraph 25Q (1)
               (b);

        (ii)   detailed descriptions of the boundaries of each proposed
               Electoral Division;

        (iii)  its reasons for the proposed redistribution; and

        (iv)   if a member of the Redistribution Committee has stated in
               writing reasons for his disagreement with the proposed
               redistribution-those reasons,

to be made available for perusal at each office of the Electoral Commission in
the State or Territory; and

   (c)  by notice published in the Gazette and in 2 newspapers circulating
        throughout the State or Territory, invite public attention to the
        exhibition of the map or maps referred to in paragraph (a) and to the
        availability for perusal of copies of the comments, detailed
        descriptions and reasons referred to in paragraph (b).

''(2) A notice published in pursuance of paragraph (1) (c) shall include a
statement to the effect that a person or organization may-

   (a)  in the case of a notice published in the Gazette-within the period of
        14 days after the publication of the notice; or

   (b)  in the case of a notice published in a newspaper-within the period of
        14 days after the publication of the notice published in the Gazette
        in pursuance of that paragraph,
lodge with the Electoral Commission a written objection against the proposed
redistribution. Objections against proposed redistribution

''25V. A person or organization may, within the period of 14 days after the
publication in the Gazette of the notice referred to in paragraph 25U (1) (c),
lodge with the Electoral Commission a written objection against the proposed
redistribution. Augmented Electoral Commission

''25W. (1) For the purposes of each redistribution of a State or the
Australian Capital Territory, there is established by this sub-section an
augmented Electoral Commission for the State or Territory.

''(2) The members of an augmented Electoral Commission for a State or the
Australian Capital Territory shall be-

   (a)  the Chairman of the Electoral Commission;

   (b)  the member of the Electoral Commission referred to in paragraph 7 (2)
        (c); and

   (c)  the members of the Redistribution Committee for the State or
        Territory.

''(3) Subject to sub-section (4), the performance of the functions, and the
exercise of the powers, of an augmented Electoral Commission for a State or
the Australian Capital Territory are not affected by reason only of there
being a vacancy or vacancies, or a change or changes, in the membership of the
augmented Electoral Commission.

''(4) Where, within any period (in paragraph (b) referred to as the 'relevant
period') of not more than 30 days (being a period after the making under
sub-section 25S (1) of a proposed redistribution of the State or Territory by
the Redistribution Committee for the State or Territory), 2 or more persons
who are members of the augmented Electoral Commission die or become unable, by
reason of physical or mental incapacity, to serve or continue to serve as
members of the augmented Electoral Commission-

   (a)  the augmented Electoral Commission shall reconsider all objections
        against the proposed redistribution lodged with the Electoral
        Commission in pursuance of section 25V, being objections that had
        previously been considered by the augmented Electoral Commission; and

   (b)  sub-section 25Y (2) has effect as if the reference in that sub-section
        to 6 weeks after the expiration of the period referred to in section
        25V were a reference to 6 weeks after the expiration of the relevant
        period.
Proceedings at meetings of augmented Electoral Commission, &c.

''25X. (1) The Chairman of the Electoral Commission may, at any time, convene
a meeting of an augmented Electoral Commission for a State or the Australian
Capital Territory.

''(2) The Chairman of the Electoral Commission shall preside at all meetings
of an augmented Electoral Commission at which he is present.

''(3) If the Chairman of the Electoral Commission is not present at a meeting
of an augmented Electoral Commission-

   (a)  the Electoral Commissioner shall preside; or

   (b)  if the Electoral Commissioner is not present at the meeting-the
        members present shall appoint one of their number to preside.

''(4) At a meeting of an augmented Electoral Commission, 4 members constitute
a quorum.

''(5) Subject to sub-section (6), questions arising at a meeting of an
augmented Electoral Commission shall be determined by a majority of the votes
of the members present and voting.

''(6) A determination under sub-section 25Z (1) shall not be made unless not
less than 4 members of the augmented Electoral Commission, of whom not less
than 2 are members of the Electoral Commission, vote in favour of the making
of the determination.

''(7) Subject to sub-section (8), the member presiding at a meeting of an
augmented Electoral Commission has a deliberative vote and, in the event of an
equality of votes, also has a casting vote.

''(8) The casting vote of the member presiding at a meeting of an augmented
Electoral Commission shall not be used to vote in favour of the making of a
determination under sub-section 25Z (1).

''(9) An augmented Electoral Commission may regulate the conduct of
proceedings at its meetings as it thinks fit.

''(10) Subject to section 25Y, an augmented Electoral Commission may inform
itself on any matter in such manner as it thinks fit.

''(11) The Electoral Commission shall, on request by an augmented Electoral
Commission, supply the augmented Electoral Commission with all such
information, and provide the augmented Electoral Commission with all such
assistance, as it requires for the purposes of this Part. Consideration of
objections

''25Y. (1) An augmented Electoral Commission for a State or the Australian
Capital Territory shall consider all of the objections against the proposed
redistribution of the State or Territory lodged with the Electoral Commission
in pursuance of section 25V.

''(2) The augmented Electoral Commission shall complete its consideration of
the objections as soon as is practicable and, in any event, before the
expiration of the period of 6 weeks after the expiration of the period
referred to in section 25V.

''(3) The augmented Electoral Commission shall hold an inquiry into an
objection unless it is of the opinion that-

   (a)  the matters raised in the objection were raised, or are substantially
        the same as matters that were raised, in-

        (i)    suggestions relating to the redistribution lodged with the
               Redistribution Committee for the State or Territory in
               pursuance of paragraph 25Q (1) (a); or

        (ii)   comments lodged with the Redistribution Committee in pursuance
               of paragraph 25Q (1) (b); or

   (b)  the objection is frivolous or vexatious.

''(4) The augmented Electoral Commission may hold one inquiry into a number of
objections.

''(5) Proceedings before the augmented Electoral Commission at an inquiry into
an objection shall be held in public.

''(6) At an inquiry into an objection, submissions in relation to the
objection may be made to the augmented Electoral Commission by or on behalf of
the person who, or the organization that, lodged the objection and any person
who, or organization that, lodged suggestions relating to the redistribution
with the Redistribution Committee in pursuance of paragraph 25Q (1) (a).

''(7) At an inquiry into an objection, the augmented Electoral Commission
shall consider all of the submissions made to it in relation to the objection.

''(8) The augmented Electoral Commission is not bound by the legal rules of
evidence and may regulate the conduct of proceedings at an inquiry into an
objection as it thinks fit.

''(9) Without limiting the generality of sub-section (8), the manner in which
submissions may be made to the augmented Electoral Commission, the time within
which submissions may be made to the augmented Electoral Commission and the
extent to which the augmented Electoral Commission may be addressed, and the
persons by whom it may be addressed, on any submission are within the absolute
discretion of the augmented Electoral Commission. Redistribution of State or
Australian Capital Territory

''25Z. (1) An augmented Electoral Commission for a State or the Australian
Capital Territory shall, in accordance with sub-sections (3), (4) and (5),
determine, by notice published in the Gazette, the names and boundaries of the
Electoral Divisions into which the State or Territory is to be distributed
and, subject to sub-sections (6) and (7), those Electoral Divisions shall,
until altered by a determination under this sub-section or sub-section 25ZC
(6), be the Divisions in the State or Territory.

''(2) The augmented Electoral Commission shall make a determination under
sub-section (1) as soon as practicable after it has considered, in accordance
with section 25Y, all the objections against the proposed redistribution of
the State or Territory lodged with the Electoral Commission in pursuance of
section 25V.

''(3) The determination shall distribute the State or Territory into Electoral
Divisions equal in number to the number of members of the House of
Representatives to be chosen in the State or Territory at a general election.

''(4) In making the determination, the augmented Electoral Commission-

   (a)  shall, as far as practicable, endeavour to ensure that, 3 years and 6
        months after the making of the determination, the number of electors
        enrolled in each Electoral Division in the State or Territory will be
        equal; and

   (b)  subject to paragraph (a), shall give due consideration, in relation to
        each Electoral Division, to-

        (i)    community of interests within the Electoral Division, including
               economic, social and regional interests;

        (ii)   means of communication and travel within the Electoral
               Division;

        (iii)  the trend of population changes within the State or Territory;

        (iv)   the physical features and area of the Electoral Division; and

        (v)    the boundaries of existing Divisions in the State or Territory,
and subject thereto the quota of electors for the State or Territory shall be
the basis for the redistribution, and the augmented Electoral Commission may
adopt a margin of allowance, to be used whenever necessary, but in no case
shall the quota be departed from to a greater extent than one-tenth more or
one-tenth less.

''(5) In a redistribution of the Australian Capital Territory, the whole of
the Jervis Bay Territory shall be included in one Electoral Division.

''(6) Until the next following expiration or dissolution of the House of
Representatives, the redistribution does not affect the election of a new
member to fill a vacancy happening in the House of Representatives.

''(7) For the purposes of any such election, the Divisions that existed before
the redistribution, and the Rolls for those Divisions, continue to have full
force and effect, notwithstanding the redistribution and that new Rolls have
been prepared for the new Divisions. Reasons for determination made by
augmented Electoral Commission

''25ZA. An augmented Electoral Commission for a State or the Australian
Capital Territory shall state, in writing, its reasons for the determination
made by it under sub-section 25Z (1) and any member of the augmented Electoral
Commission who disagrees with the determination may state in writing the
reasons for his disagreement. Copies of certain documents to be forwarded to
Minister, &c.

''25ZB. (1) The Electoral Commission shall, forthwith after an augmented
Electoral Commission for a State or the Australian Capital Territory has
determined under sub-section 25Z (1) the names and boundaries of the Electoral
Divisions into which the State or Territory is to be distributed, forward to
the Minister a copy of-

   (a)  the suggestions relating to the redistribution of the State or
        Territory lodged with the Redistribution Committee for the State or
        Territory in pursuance of paragraph 25Q (1) (a);

   (b)  the comments lodged with the Redistribution Committee in pursuance of
        paragraph 25Q (1) (b);

   (c)  the proposed redistribution made by the Redistribution Committee and
        its reasons for the proposed redistribution;

   (d)  if a member of the Redistribution Committee has stated in writing the
        reasons for his disagreement with the proposed redistribution-those
        reasons;

   (e)  the objections against the proposed redistribution lodged with the
        Electoral Commission in pursuance of section 25V;

   (f)  the determination of the augmented Electoral Commission under
        sub-section 25Z (1) and its reasons for the determination; and

   (g)  if a member of the augmented Electoral Commission has stated in
        writing the reasons for his disagreement with the determination made
        by the augmented Electoral Commission-those reasons.

''(2) The Minister shall cause copies of the suggestions, comments, proposed
redistribution, reasons, objections and determination referred to in
sub-section (1) to be laid before each House of the Parliament within 5
sitting days of that House after he receives a copy of them.
Mini-redistribution

''25ZC. (1) Where, on a day (in this section referred to as the 'relevant
day') on which the Governor-General causes writs (in this section referred to
as the 'writs') for a general election to be issued, the number (in this
section referred to as the 'present entitlement of the State') of members of
the House of Representatives to be chosen in a State at the general election
differs from the number (in this section referred to as the 'previous
entitlement of the State') of Divisions in accordance with which the State is
for the time being distributed, a redistribution of the State into Divisions
shall take place under this section.

''(2) For the purposes of the redistribution, the Electoral Commissioner and
the Australian Electoral Officer for the State shall be the Redistribution
Commissioners for the State.

''(3) Forthwith after the issue of the writs, the Redistribution Commissioners
for the State shall, subject to sub-sections (4) and (5)-

   (a)  in a case where the present entitlement of the State is greater than
        the previous entitlement of the State-

        (i)    prepare a list of all possible pairs of contiguous Divisions in
               the State;

        (ii)   ascertain the number of electors enrolled in each possible pair
               of contiguous Divisions;

        (iii)  set aside the pair of contiguous Divisions that has the
               greatest number of electors enrolled;

        (iv)   if the difference between the present entitlement of the State
               and the previous entitlement of the State is 2-delete from the
               list all possible pairs of contiguous Divisions containing a
               Division included in the pair of contiguous Divisions set aside
               in pursuance of sub-paragraph (iii) and set aside the pair of
               contiguous Divisions remaining on the list that has the
               greatest number of electors enrolled; and

        (v)    if the difference between the present entitlement of the State
               and the previous entitlement of the State is greater than
               2-continue successively deleting from the list all possible
               pairs of contiguous Divisions containing a Division included in
               a pair of contiguous Divisions set aside in pursuance of
               sub-paragraph (iv) or of this sub-paragraph, and setting aside
               the pair of contiguous Divisions remaining on the list that has
               the greatest number of electors enrolled, until the number of
               pairs of contiguous Divisions set aside in pursuance of this
               paragraph is equal to the difference between the present
               entitlement of the State and the previous entitlement of the
               State; and

   (b)  in a case where the present entitlement of the State is less than the
        previous entitlement of the State-

        (i)    prepare a list of all possible pairs of contiguous Divisions in
               the State;

        (ii)   ascertain the number of electors enrolled in each possible pair
               of contiguous Divisions;

        (iii)  set aside the pair of contiguous Divisions that has the
               smallest number of electors enrolled;

        (iv)   if the difference between the present entitlement of the State
               and the previous entitlement of the State is 2-delete from the
               list all possible pairs of contiguous Divisions containing a
               Division included in the pair of contiguous Divisions set aside
               in pursuance of sub-paragraph (iii) and set aside the pair of
               contiguous Divisions remaining on the list that has the
               smallest number of electors enrolled; and

        (v)    if the difference between the present entitlement of the State
               and the previous entitlement of the State is greater than
               2-continue successively deleting from the list all possible
               pairs of contiguous Divisions containing a Division included in
               a pair of contiguous Divisions set aside in pursuance of
               sub-paragraph (iv) or of this sub-paragraph, and setting aside
               the pair of contiguous Divisions remaining on the list that has
               the smallest number of electors enrolled, until the number of
               pairs of contiguous Divisions set aside in pursuance of this
               paragraph is equal to the difference between the present
               entitlement of the State and the previous entitlement of the
               State.

''(4) Where, on or remaining on a list prepared in pursuance of paragraph (3)
(a), there are 2 or more pairs of contiguous Divisions (in this sub-section
referred to as the 'relevant pairs of contiguous Divisions') that have the
same number of electors enrolled and there is no other pair of contiguous
Divisions that has a greater number of electors enrolled, the pair of
contiguous Divisions to be set aside in pursuance of that paragraph shall be
determined from amongst the relevant pairs of contiguous Divisions by lot.

''(5) Where, on or remaining on a list prepared in pursuance of paragraph (3)
(b), there are 2 or more pairs of contiguous Divisions (in this sub-section
referred to as the 'relevant pairs of contiguous Divisions') that have the
same number of electors enrolled and there is no other pair of contiguous
Divisions that has a smaller number of electors enrolled, the pair of
contiguous Divisions to be set aside in pursuance of that paragraph shall be
determined from amongst the relevant pairs of contiguous Divisions by lot.

''(6) The Redistribution Commissioners shall, in accordance with sub-sections
(8) to (12) (inclusive), determine, by instrument in writing, the names and
boundaries of the Electoral Divisions into which the State is to be
distributed, and those Electoral Divisions shall, until altered by a
determination under this sub-section or sub-section 25Z (1), be the Divisions
in the State.

''(7) The Redistribution Commissioners shall make a determination under
sub-section (6) as soon as practicable after they have, in accordance with
sub-section (3), set aside a number of pairs of contiguous Divisions in the
State equal to the difference between the present entitlement of the State and
the previous entitlement of the State and, in any event, before the expiration
of the period of 7 days after the relevant day.

''(8) The names and boundaries of the Divisions not included in a pair of
contiguous Divisions set aside under sub-section (3) shall not be altered.

''(9) Where the present entitlement of the State is greater than the previous
entitlement of the State, each pair of contiguous Divisions set aside in
pursuance of paragraph (3) (a) shall be distributed into 3 Electoral Divisions
in the following manner:

   (a)  the existing Subdivisions in the pair of contiguous Divisions shall be
        the basis for the redistribution and shall be allocated amongst the 3
        Electoral Divisions without alteration;

   (b)  each Electoral Division shall, as far as practicable, contain the same
        number of electors enrolled;

   (c)  except in so far as discontinuous or separate boundaries are necessary
        for the purpose of including an island in an Electoral Division, the
        boundaries of each Electoral Division shall form an unbroken line.

''(10) The 3 Electoral Divisions so formed from the pair of contiguous
Divisions shall, as far as practicable, be named in the following manner:

   (a)  the Electoral Division that contains the greatest number of electors
        who were enrolled in one of the Divisions included in the pair of
        contiguous Divisions shall be given the name of that Division;

   (b)  the Electoral Division that contains the greatest number of electors
        who were enrolled in the other Division included in the pair of
        contiguous Divisions shall be given the name of that other Division;

   (c)  the Electoral Division remaining to be named after the application of
        paragraphs (a) and (b) shall have a name consisting of the names of
        each Division included in the pair of contiguous Divisions arranged in
        alphabetical order and hyphenated.

''(11) Where the present entitlement of the State is less than the previous
entitlement of the State, each pair of contiguous Divisions set aside in
pursuance of paragraph (3) (b) shall be distributed into one Electoral
Division.

''(12) The Electoral Division so formed from the pair of contiguous Divisions
shall have a name consisting of the names of each Division included in the
pair of contiguous Divisions arranged in alphabetical order and hyphenated.

''(13) The Redistribution Commissioners shall, forthwith after the making of
the determination under sub-section (6)-

   (a)  forward to the Minister a copy of the determination; and

   (b)  cause a copy of the determination to be published forthwith in the
        Gazette and in 2 newspapers circulating throughout the State.

''(14) The Minister shall cause copies of the determination to be laid before
each House of the Parliament within 5 sitting days of that House after he
receives a copy of the determination.

''(15) The number of electors enrolled in each pair of contiguous Divisions in
the State and in each Subdivision in each Division in the State shall, in so
far as it is necessary to do so for the purposes of this section, be
ascertained using only the last statement published under sub-section 25J (1)
before the relevant day.

''(16) Two Divisions in a State shall be taken, for the purposes of this
section, to be contiguous Divisions if the boundaries of the Divisions
actually touch in at least one place. Decisions under Part final and
conclusive, &c.

''25ZD. (1) Notwithstanding anything contained in any other law, but subject
to the Constitution and to section 39B and Part VII of the Judiciary Act 1903,
a decision by the Electoral Commissioner, the Electoral Commission, a
Redistribution Committee for a State or the Australian Capital Territory, an
augmented Electoral Commission for a State or the Australian Capital Territory
or the Redistribution Commissioners for a State made, or purporting to be
made, under this Part (whether in the exercise of a discretion or not)-

   (a)  is final and conclusive;

   (b)  shall not be challenged, appealed against, reviewed, quashed, set
        aside or called in question in any court or tribunal on any ground;
        and

   (c)  is not subject to mandamus, prohibition, certiorari or injunction, or
        the making of a declaratory or other order, in any court on any
        ground.

''(2) Without limiting the generality of sub-section (1), the provisions of
this Part (other than sections 25H, 25I and 25R, sub-sections 25X (6) and (8),
25Z (1) and (3) to (7) (inclusive) and 25ZC (1) to (6) (inclusive), (8) to
(12) (inclusive) and (15) and (16), section 25ZE and this section) are
directory only and any failure to comply with them, whether in whole or in
part, shall not invalidate a decision of a kind referred to in sub-section
(1).

''(3) A reference in sub-section (1) to a decision made under this Part
includes a reference to a refusal or failure to make a decision under this
Part. Improper influence

''25ZE. A person shall not improperly seek to influence a member of a
Redistribution Committee for a State or the Australian Capital Territory, a
member of an augmented Electoral Commission for a State or the Australian
Capital Territory or a Redistribution Commissioner for a State in the
performance of his duties under this Part.

Penalty: $2,000 or imprisonment for 12 months, or both.''. 


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