New South Wales Consolidated Acts

CONSTITUTION ACT 1902 - SECT 28A

28A Special distribution to maintain equal number of voters in each electoral district

(1) A distribution of New South Wales into electoral districts shall be made forthwith after more than one-quarter of the number of electoral districts has been malapportioned for a period of more than 2 months.

(2) For the purposes of this section, an electoral district is malapportioned at any particular time if the number of persons then entitled to vote at a general election of Members of the Legislative Assembly in the electoral district differs from the average electoral district enrolment at that time to a greater extent than 5 per cent more or less.

(3) The average electoral district enrolment is the quotient obtained by dividing the number of persons entitled to vote at a general election of Members of the Legislative Assembly in all electoral districts by the number of those districts.

(4) A distribution shall not be made under this section if--

(a) the distribution would commence within 1 year before the expiry of the Legislative Assembly by the effluxion of time, or

(b) a distribution has already been made since the last general election of Members of the Legislative Assembly (whether under this section or not), or

(c) a distribution is required to be made apart from this section.