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2019-2020
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
ELECTORAL AMENDMENT (TERRITORY REPRESENTATION) BILL 2020
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Finance, Senator the Hon Simon Birmingham)
Glossary
The following abbreviations and acronyms are used throughout this Explanatory
Memorandum:
Abbreviation Definition
Bill Electoral Amendment (Territory
Representation) Bill 2020
Electoral Act Commonwealth Electoral Act 1918
Item Refers to the Item in the Bill
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ELECTORAL AMENDMENT (TERRITORY REPRESENTATION) BILL 2020
GENERAL OUTLINE
The Electoral Amendment (Territory Representation) Bill 2020 (the Bill) amends the
Commonwealth Electoral Act 1918 (the Electoral Act) to provide more equitable
representation, through changes to the method for determining the number of House of
Representatives members for the Northern Territory and the Australian Capital Territory.
The Bill amends the Electoral Act to:
set aside part of the Electoral Commissioner's determination of 3 July 2020 about
the number of members in each State and Territory (which would otherwise
decrease the Northern Territory representation in the House of Representatives for
the next general election from two members to one member) and restore the
Northern Territory to a two member entitlement for the next general election;
repeal the margin of error provisions for population calculations for the Northern
Territory and the Australian Capital Territory, so there is not a double safety net;
adopt the new harmonic mean method for determining the future allocation of
members for the Territories to implement a fairer allocation of members in the
House of Representatives to ensure that the population per member for the
Territories is more consistent with the national average as exists in the State; and
better align the redistribution provisions in the Electoral Act for the Northern
Territory with those of the Australian Capital Territory to modernise and thereby
simplify the administration of the Electoral Act.
Part I - Preliminary
The amendments to Part I clarify that the definitions of Australian Capital Territory,
Northern Territory, and Territory do not apply to Part III (Representation in the
Parliament) and refers users to the section that defines those terms for the purposes of
Part III. Amendments to Part I are also being made as a consequence of amendments to
Part III contained in the Bill.
Part III - Representation in the Parliament
The Bill amends Part III to set aside the Electoral Commissioner's determination of
3 July 2020 as it applies to the Northern Territory and revert to the 2017 determination
that last gave the Northern Territory two members.
The Bill amends Part III to include a harmonic mean calculation for determining the
member entitlement for the Northern Territory and the Australian Capital Territory. As
this is a new method, the Bill includes a requirement that the harmonic mean provisions
are reviewed by a parliamentary committee as soon as practicable after the first occasion
when the provisions are used for a determination.
The first occasion on which the determination provisions can be used is when the next
determination of the number of members of the House of Representatives is made in
accordance with section 48 (Determination of number of members of House of
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Representatives to be chosen in States and Territories) of the Electoral Act. This
determination can occur once all of the following have occurred:
• a general election has been held;
• the House of Representatives in the 47th Parliament has met for the first time;
and
• the House of Representatives has continued to meet for 12 months following
the first meeting day.
The margin of error provisions for population calculations for the Northern Territory and
the Australian Capital Territory in Part III are also repealed by the Bill, with a range of
consequential technical amendments to Part III.
Part IV - Electoral Divisions
The Bill amends Part IV of the Electoral Act to better align the boundary redistribution
provisions that apply to Northern Territory, the Australian Capital Territory and the States.
The Bill retains the distinction between the Northern Territory and the Australian Capital
Territory in regard to the participation of Australian Electoral Officers in the redistribution
process. Under the Bill, the Northern Territory Australian Electoral Officer will
participate in Northern Territory redistributions, just as Australian Electoral Officers in
States participate when House of Representatives boundaries are redrawn within particular
States. However the Australian Electoral Officer for the Australian Capital Territory is
only appointed for the duration of an election, so during any redistributions in the
Australian Capital Territory this role is filled by another officer of the Australian Electoral
Commission appointed by the Electoral Commissioner.
Part V - Subdivisions and polling places
The Bill makes consequential amendments to section 79 in Part V regarding the
publication of notices in the Gazette regarding the division of Divisions into Subdivisions
and the boundaries of these Subdivisions, and that the Cocos (Keeling) and Christmas
Islands are each to be a district in the Division of the Northern Territory in which they are
included.
Part XIII - Writs for elections
The Bill makes amendments to section 154 in Part XIII to refer to members in the House
of Representatives in the plural rather than singular when referring to the writ that relates
to members to be elected for the Northern Territory.
FINANCIAL IMPACT STATEMENT
The measures in the Bill are expected to be cost neutral. There will be no significant cost
or savings associated with the Bill.
STATEMENT OF COMPATABILITY WITH HUMAN RIGHTS
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A Statement of Compatibility with Human Rights has been completed in relation to the
amendments in this Bill. The amendments have been assessed as compatible with
Australia's human rights obligations.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act
2011
Electoral Amendment (Territory Representation) Bill 2020
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The Electoral Amendment (Territory Representation) Bill 2020 (the Bill) amends the
Commonwealth Electoral Act 1918 (the Electoral Act) to:
set aside part of the Electoral Commissioner's determination of 3 July 2020 about
the number of members in each State and Territory (which would otherwise
decrease the Northern Territory representation in the House of Representatives for
the next general election from two members to one member) and restore the
Northern Territory to a two member entitlement for the next general election;
repeal the margin of error provisions for population calculations for the Northern
Territory and the Australian Capital Territory, so there is not a double safety net;
adopt the new harmonic mean method for determining the future allocation of
members for the Territories to implement a fairer allocation of members in the
House of Representatives to ensure that the population per member for the
Territories is more consistent with the national average as exists in the State; and
better align the redistribution provisions in the Electoral Act for the Northern
Territory with those of the Australian Capital Territory to modernise and thereby
simplify the administration of the Electoral Act
Human rights implications
The measures in the Bill are largely technical. The Bill makes changes to restore the
Northern Territory immediately to two members for the next general election and makes it
substantially easier for the Northern Territory and the Australian Capital Territory to attain
two or three members in the House of Representatives in future. This has positive
implications for future representation of the remote and disadvantaged communities in the
Northern Territory. It does not alter existing entitlements and rights in relation to
individual and entities who participate in Commonwealth electoral processes.
Conclusion
The Bill is compatible with human rights as it does not raise any human rights issues.
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ELECTORAL AMENDMENT (TERRITORY REPRESENTATION)
BILL 2020
NOTES ON CLAUSES
Clause 1 - Short title
1. Clause 1 is a formal provision specifying the title of the Act as the Electoral
Amendment (Territory Representation) Act 2020 (the Act).
Clause 2 - Commencement
2. Subclause 2(1) provides that the provisions in column 1 of the table commence at
the time set out in column 2 of the table.
3. Item 1 in the table provides that the Act will commence a single day to be fixed by
Proclamation, or at the latest the day after the two months beginning from Royal
Assent. This allows sufficient time to ensure all Australian Electoral Commission
systems, which electors interact with, reflect the return to two members.
4. Subclause 2(2) provides that information in column 3 of the Commencement table
is not part of the Act. In any published version of the Act, information in Column 3
may be edited, or information may be inserted into Column 3.
Clause 3 - Schedules
5. Clause 3 provides that each Act specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule, and any other item in a
Schedule to this Act has effect according to its terms.
SCHEDULE 1 - Amendments
Part 1 - Amendments commencing day after Royal Assent
Commonwealth Electoral Act 1918
Section 4 - Definitions
6. Item 1 amends the definition of Australian Capital Territory to clarify that the
definition in section 4 does not apply to Part III (Representation in the Parliament)
of the Electoral Act.
7. Item 2 inserts a note at the end of the definition of Australian Capital Territory to
refer to the definition of Australian Capital Territory in Part III, section 38A.
8. Item 3 amends the definition of Northern Territory to clarify that the definition in
section 4 does not apply to Part III (Representation in the Parliament) of the
Electoral Act.
9. Item 4 inserts a note at the end of the definition of Northern Territory to refer to the
definition of Northern Territory in Part III, section 38A.
10. Item 5 amends the definition of Territory to clarify the definition in section 4 does
not apply to Part III (Representation in the Parliament) of the Electoral Act.
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11. Item 6 inserts a note at the end of the definition of Territory to refer to the definition
of Territory in Part III, section 38A.
12. Item 7 amends paragraph 4(5)(a) to clarify the interpretation clause that, unless the
Electoral Act provides otherwise, a reference to a Division in the Act to be
interpreted as including a Territory to which section 55A does not apply. Section
55A (Application to Territories with 2 or more members) applies to Territories with
2 or more members in the House of Representatives chosen at a general election.
13. Item 8 repeals subsection 4(5A) to remove the interpretation clause that required
application of subsection 4(5) be amended in relation to the Northern Territory
where a determination for redistribution under sections 73 or 76 of Part IV (Electoral
Division) had taken effect.
Division 1AA - Preliminary - Section 38AA - Simplified outline of this Part
14. Item 9 amends the heading of Part III (Representation in the Parliament)
Division 1AA 'Preliminary'.
15. Item 10 inserts section 38AA 'Simplified outline of this Part' to provide explanatory
information regarding the focus of Part III (Representation in the Parliament).
16. Section 38AA outlines the focus of the Divisions within Part III. Division 1 deals
with Senators for Queensland, Division 2 deals with Senators for the Territories and
Division 3 deals with representation of States and Territories in the House of
Representatives. The respective methods for determining the members for States and
Territories is also outlined. This outline explains the purpose of harmonic mean
rounding, which is to address underrepresentation of the Territories, by
implementing a fairer method of calculating and allocating members so that the
population per member for the Territories is more consistent with the population per
member for the states.
Section 38A - Interpretation
17. Item 11 inserts definitions of harmonic mean and quota. The definition of
harmonic mean is to be referred to subsection 48(2AA). The definition of quota is
to be referred to paragraph 48(2)(a).
Section 47 - Supply of statistical information by Australian Statistician
18. Items 12, 13 and 14 amend section 47 to amend subsection 47(1), repeal paragraph
47(1)(b) and subsection 47(2) of the Electoral Act to remove the 2004 margin of
error rule, which was introduced by the Commonwealth Electoral Amendment
(Representation in the House of Representatives) Act 2004. The margin of error rule
was initially adopted to enable the Electoral Commissioner to incorporate additional
statistical information from the Australian Statistician to counteract the population
overcount and undercount in Census data. However, with the proposed introduction
of subsection 48(2AA) in Item 23 of this Bill, namely the introduction of the
harmonic mean method of rounding numbers when determining the number of
members in the House of Representatives for the Territories, it is no longer
necessary to retain the margin of error rule which would if retained is a double
safety net for the Territories. This approach will reduce the complexity of making a
determination made under section 48 for the Northern Territory and the Australian
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Capital Territory and provide consistency with the formula applying to the States
when determining the quota for representation in the House of Representatives.
19. The amendments to section 47, as set out in Items 12, 13 and 14 to this Bill, also
address the discussion regarding the 2004 margin of error rule for the Territories in
Recommendation 1 of the Joint Standing Committee on Electoral Matters Advisory
report on the Commonwealth Electoral Amendment (Ensuring Fair Representation
of the Northern Territory) Bill 2020, tabled by the Committee on 16 October 2020.
20. Section 47 will no longer include prescriptive data requirements related to margins
of error. Remaining wording in the section ensures that the Electoral Commissioner
will retain the power to request statistical information from the Australian
Statistician, (meaning the Australian Bureau of Statistics) as required for the
purposes of Division 3 of Part III of the Electoral Act. This allows flexibility as to
the data that may be sought, provided it is relevant to the purposes of the Division.
Section 48 - Determination of number of members of House of Representatives to be
chosen in States and Territories
21. Part III of the Electoral Act sets out how representation in the Parliament is
determined. Section 48 of the Electoral Act prescribes how the number of members
of the House of Representatives are determined, including how the number of
members for the States, the Northern Territory and the Australian Capital Territory,
and external territories are determined.
22. Item 15 amends paragraph 48(1)(b) to omit the reference to subsection 48(2F)
which will be repealed by Item 31 of this Bill, and insert reference to subsection
48(2AA) which will be inserted by Item 23 of this Bill.
23. Item 16 inserts the subheading 'Determining number of members for States' before
subsection 48(2) to clarify the function of the subsection.
24. Item 17 amends paragraph 48(2)(a) by bolding and italicising quota to clarify the
definition of quota in section 38A inserted by Item 11 of this Bill is to be utilised.
25. Item 18 inserts the subheading 'Determining number of members for Territories'
before subsection 48(2A) to clarify the function of the subsection.
26. Item 19 amends subsection 48(2A) to omit the reference to subsection 48(2F) which
will be repealed by Item 31 of this Bill, and insert reference to subsection 48(2AA)
which will be inserted by Item 23 of this Bill.
27. Item 20 amends paragraph 48(2A)(b) to provide that the paragraph applies where
the division of the number of people of a Territory divided by the quota ascertained
results in greater than 0.5 but less than 1, meaning one member of the House of
Representatives will be chosen. This subsection as amended may become relevant if
any of the smallest territories, such as the external territories, experience significant
population growth.
28. Item 21 inserts paragraph 48(2A)(ba) and applies where the division of the number
of people of a of Territory divided by the quota ascertained results in greater than 1,
but less than 3, the rounding of the remainder of the division will be calculated in
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accordance with the harmonic mean prescribed in subsection 48(2AA) inserted by
Item 23 of this Bill.
29. The harmonic mean is a method for rounding up the number of members to which a
Territory is entitled is intended to alleviate the potential disparity in the average
population per Division in the smallest jurisdictions. This subsection makes the
method available to round a Territory from one to two members and from two to
three. A Territory with a quota that results in three or more members will revert to
the usual rounding rule that applies to the states.
30. Item 22 adds a note after subsection 48(2A) to clarify that the definition of Territory
for the purpose of this subsection is prescribed in section 38A.
31. Item 23 inserts subsection 48(2AA) 'Rounding using harmonic mean for
Territories'. The subsection prescribes the formula for determining the harmonic
mean method of rounding to ascertain the number of members of the House of
Representatives for the Territories.
32. Applying a harmonic mean calculation for the Northern Territory and the Australian
Capital Territory will provide for a fairer allocation of members in the House of
Representatives to ensure that the population per member for the Territories is more
consistent with the national average as exists in the States.
33. A harmonic mean calculation is a method of determining the point at which a
number is rounded up to the next whole number. Previously, the number of members
in the House of Representatives for a Territory would round up to the next whole
number if the division rounded to an integer of 0.5. In this Bill, where the result of
the division for a Territory is between 1 and 3 members, the harmonic mean method
of rounding will apply.
34. The harmonic mean calculation will result in a territory with one House of
Representatives member requiring a quota of 1.3333 to gain a second member, with
a territory with two members requiring a quota of 2.4000 to be allocated a third
members.
35. Item 23 also inserts the subheading 'Minimum number of members for the
Australian Capital Territory and Northern Territory' before subsection 48(2B) to
clarify the function of this subsection.
36. Item 24 adds a note after subsection 48(2B) to clarify that the definitions of
Australian Capital Territory and Northern Territory for the purpose of this
subsection are prescribed in section 38A.
37. Item 25 inserts the subheading 'When no separate member for Norfolk Island is
determined' before subsection 48(2BA) to clarify the function of this subsection.
38. Item 26 amends subsection 48(2BA) to omit the reference to subsection 48(2F)
which will be repealed by Item 31 of this Bill.
39. Item 27 amends paragraph 48(2BA)(c) to clarify that subsections 48(2B) and
48(2G) apply when determining the number of members of the House of
Representatives to be chosen in the Australian Capital Territory, when under
subsection 48(2BA) Norfolk Island is apportioned to the Australian Capital
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Territory. Norfolk Island is taken to be part of the Australian Capital Territory for
the purposes of ascertaining the entitlement for the Australian Capital Territory,
when Norfolk Island does not meet the required quota under paragraph 48(2A)(a) of
the Electoral Act.
40. Subsection 48(2B) prescribes the minimum number of members to be chosen from
the Northern Territory and the Australian Capital Territory at a general election,
whereas subsection 48(2G) prescribes when the Electoral Commissioner must make
the determination regarding the number of members of the House of Representatives
to be chosen in the States and Territories at a general election.
41. Item 28 inserts the subheading 'When no separate member for Cocos (Keeling)
Islands or Christmas Island is determined' before subsection 48(2C) to clarify the
function of this subsection.
42. Items 29 and 30 amend subsection 48(2C) and paragraph 48(2C)(e) to remove
reference to subsection 48(2F), which will be repealed by Item 31 of this Bill. As a
result the amendments clarify that subsections 48(2B) and 48(2G) apply when
determining the number of members of the House of Representatives to be chosen in
the Northern Territory, when under subsection 48(2C) the territories of Cocos
(Keeling) Islands and Christmas Island are apportioned to the Northern Territory.
43. Cocos (Keeling) Islands and Christmas Island are taken to be part of the Northern
Territory for the purposes of ascertaining the entitlement for the Northern Territory,
when the former territories do not meet the required quota under paragraph
48(2A)(a) of the Electoral Act.
44. Item 31 repeals subsections 48(2E) and 48(2F) which permitted the incorporation of
the additional statistical information provided to the Electoral Commissioner under
section 47, when calculating the entitlement under subsection 48(2) for the
Australian Capital Territory and the Northern Territory. Those subsections allowed
for incorporation of a margin of error related to the estimated populations of the
Territories, in working out their entitlement to members in the House of
Representatives.
45. Item 32 is an application provision which clarifies the effect the repeal, namely that
subsections 48(2E) and 48(2F) will not apply to any subsection 48(1) or 48(2A)
determination that is made after these amendments commence.
46. Item 33 inserts the subheading 'When determinations must be made' before
subsection 48(2G) to clarify the function of this subsection.
47. Item 34 amends subsection 48(2G) to remove the reference to paragraph 48(2F)(c)
which will be repealed by Item 31 of this Bill.
48. Item 35 inserts the subheading 'Decision final and conclusive' before subsection
48(3) to clarify the function of this subsection.
49. Item 36 inserts the subheading 'Determination to be in writing' before subsection
48(4) to clarify the function of this subsection.
50. Item 37 repeals subsection 48(5) which is an application provision that specified the
effect of incorporating the additional statistical information provided to the Electoral
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Commissioner under section 47 of the Electoral Act. Item 13 of this Bill repeals
section 47(1)(b) of the Electoral Act.
Section 48A - Setting aside 2020 determination in relation to Northern Territory
51. Item 38 repeals the existing heading and inserts the new heading '48A Setting aside
2020 determination in relation to Northern Territory', to clarify the proposed effect
of this Bill and the amended function of this section.
52. Item 39 amends subsection 48A(1) to update the determination to 3 July 2020 and
provide that the 2020 determination is to be set aside, on and from the day on which
the Electoral Amendment (Territory Representation) Act 2020 commences.
53. Item 40 amends paragraph 48A(2)(a) to clarify that the determination made under
subsection 48(1) will also apply for the purposes of sections 50 and 59 of the
Electoral Act.
54. Items 41 and 42 reflect consequential amendments for paragraph 48A(2)(a) and
notes 1 and 2 of subsection 48A(2), which are required to update the determination
date amended by Item 39.
55. Item 43 amends note 2 for subsection 48A(2) to update the date for the previous
subsection 48(1) determination made on 31 August 2017.
Section 49 - Notification of determination
56. Item 44 amends the note for subsection 49(1) to omit the reference to
subsection 48(2F) which is repealed by Item 31 of this Bill.
Section 54A - Review of this Division
57. Item 45 inserts section 54A 'Review of this Division' to include a review of the
operation of Part III (Representation in the Parliament) Division 3 (Representation
of the States and Territories in the House of Representatives) of the Electoral Act
after the first determination of the number of members in the House of
Representatives for the Australian Capital Territory and the Northern Territory is
made under subsection 48(2A), which is amended by this Bill.
58. Subsection 54A provides the Joint Standing Committee on Electoral Matters, or
another parliamentary committee as determined by the Minister, is to review the
operation of the Division after the first determination of the number of members in
the House of Representatives for the Australian Capital Territory and the Northern
Territory. The committee will review and report any comments and
recommendations to each House of Parliament as soon as practicable after the first
determination is made. This ensures that these significant new provisions will be
assessed following the first occasion when they are used.
Part IV - Electoral Divisions - Section 55 - Interpretation
59. Item 46 amends the definition of 'average divisional enrolment' in subsection 55(1)
to include a reference to the Northern Territory.
60. Item 47 amends subsection 55(1) to include the definition of redistribution quota to
refer to the meaning given by section 65 of the Electoral Act. This helps distinguish
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from Part III of the Electoral Act, where a different quota is used for separate
purposes.
61. Item 48 repeals the definition of 'Territory' in subsection 55(1) which is no longer
required due to the amendment of paragraph 4(5)(a) and repeal of subsection 4(5A)
in Items 7 and 8 of this Bill and further amendments in Part IV of the Electoral Act
which clarify the application of particular redistribution provisions will be taken to
apply to the States, the Australian Capital Territory and the Northern Territory.
Section 55A - Application to Territories with 2 or more members
62. Item 49 repeals section 55A 'Application to Northern Territory' and replaces the
section with 'Application to Territories with 2 or more members' and inserts a note.
This revised section ensures greater harmony in the treatment of the States, the
Australian Capital Territory and the Northern Territory.
63. This section clarifies Part IV (Electoral Divisions) of the Electoral Act, except
section 59, will be taken to apply to the States, the Australian Capital Territory and
the Northern Territory. It does this by taking the term 'State' to generally include a
reference to a Territory that has two or more members.
64. The note clarifies that there are a couple of exceptions including section 59 which
deals with the timing for commencement of redistributions. Other provisions in
Part IV also expressly deal with the Australian Capital Territory, which unlike the
States or the Northern Territory will have certain redistribution activities undertaken
by a senior Australian Electoral Commission officer appointed by the Electoral
Commission rather than an Australian Electoral Officer. In accordance with section
30 of the Electoral Act, the Australian Capital Territory only has an Australian
Electoral Officer during elections, whereas the States and the Northern Territory
each have a permanent Australian Electoral Officer.
Section 56 - States to be distributed into Electoral Divisions
65. Items 50 and 51 amend section 56 (and its heading) to remove reference to the
Australian Capital Territory. These amendments reflect the harmonised approach for
determining the number of members of the House of Representatives to be chosen in
the States and Territories by giving effect to the updated definitions and application
of Part IV of the Electoral Act amended by Items 47 and 48 of this Bill.
Section 58 - Monthly ascertainment of enrolment etc.
66. Items 52 and 53 amend paragraphs 58(1)(a) and 58(1)(b) and subsection 58(2) of
the Electoral Act to require the Electoral Commissioner to ascertain the monthly
enrolment numbers for each of the States, which will be taken to apply to the States,
the Australian Capital Territory and the Northern Territory.
Section 59 - Times at which redistributions are to commence
67. Item 54 amends subsection 59(1) of the Electoral Act to clarify that the provision
for the publishing of notices for a redistribution will be taken, using section 55A as
amended, to apply to the States, the Australian Capital Territory and the Northern
Territory.
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68. Item 55 inserts the subheading 'Redistributions of States' before subsection 59(2) to
clarify the function of the subsection.
69. Item 56 inserts the subheading 'Redistributions of Australian Capital Territory or
Northern Territory' before subsection 59(7) to clarify the function of the subsection.
70. Item 57 amends subsections 59(7), 59(8) and 59(9) to include a reference to the
Northern Territory thereby clarifying that the conditions precedent required to
undertake a redistribution in the Australian Capital Territory also apply to the
Northern Territory. This ensures a consistent treatment for those two Territories
which is more appropriate for those two smaller jurisdictions. The point of
distinction is that a redistribution will commence when a single Division in either
the Australian Capital Territory or Northern Territory is malapportioned for more
than two months. By contrast for a State the test looks at whether more than one-
third of Divisions in the State are malapportioned for more than two months (see
subsection 59(2) of the Electoral Act).
71. Item 58 amends paragraphs 59(9A)(a) and (9B)(a) to include a reference to the
Northern Territory. As a result, the powers to either suspend certain redistribution
triggers or terminate redistributions that are underway under subsections 59(9A) and
59(9B) respectively, will apply to both the Australian Capital Territory and the
Northern Territory.
72. Item 59 inserts the subheading 'Interpretation' before subsection 59(10) to clarify
the function of the subsection.
73. Item 60 amends subsections 59(10) and 59(11) to include a reference to the
Northern Territory. As a result, it clarifies that the malapportionment principle in
subsection 59(10) and the interpretation provision in subsection 59(11) applies
equally to the States, the Australian Capital Territory or the Northern Territory, as
the case requires.
Section 60 - Redistribution Committee
74. Item 61 repeals and replaces subsection 60(7A) to clarify the section applies to the
Australian Capital Territory as if reference to an Australian Electoral Officer for the
Australian Capital Territory were a reference to the member of the staff of the
Electoral Commission appointed under subsection (7B).
Section 62 - Proceedings at meetings of Redistribution Committee etc.
75. Item 62 amends subsection 62(1) to clarify that the Electoral Commissioner may at
any time, convene a meeting of a Redistribution Committee for a State, which will
be taken to apply to the States, the Australian Capital Territory and the
Northern Territory.
76. Item 63 amends subsection 62(3) to clarify that in the absence of the Electoral
Commissioner the Australian Electoral Officer for a State or Territory shall preside
over meetings of a Redistribution Committee for a State or the Northern Territory.
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Section 63 - Sub-committees, Section 63A - Projection time for equality of enrolments
and Section 64 - Suggestions and comments relating to redistribution
77. Item 64 amends subsection 63(1) to clarify that the provisions will be taken to apply
to the States, the Australian Capital Territory and the Northern Territory as the case
requires.
78. Item 65 amends subsections 63A(1) and 63A(3) to clarify the subsections will be
taken to apply to the States, the Australian Capital Territory and the Northern
Territory as the case requires.
79. Items 66, 67 and 68 amend subsection 64(1) and paragraph 64(3)(a) to clarify that
copies of suggestions lodged with the Redistribution Committee under paragraph
64(1)(a) must be made available at the office of the Australian Electoral Officer for
the State or the Northern Territory which is subject to redistribution.
Section 65 - Redistribution quota and Section 66 - Redistribution Committee to make
proposed redistribution
80. Item 69 amends section 65 heading 'Redistribution quota' to clarify that the
function of section 65 is the meaning of redistribution quota defined in subsection
55(1), inserted by Item 47 of this Bill.
81. Items 70 to 73 amend subsections 65(1) and (2) to clarify that the determination of
the quota of electors of a State will be taken to apply to the States, the Australian
Capital Territory and the Northern Territory, as the case requires.
82. Item 74 inserts a note at the end of subsection 65(2) to clarify application of this
section and section 48. This helps avoid confusion between the quota in Part III
regarding entitlement to representation (seats) and the redistribution quota in Part
IV regarding the number of electors which has a separate purpose and can be
calculated on a different basis. Section 65 ascertains the number of electors to the
nearest whole number by rounding from less than one-half or more than one-half to
the nearest whole number. By contrast section 48 is applicable where ascertaining
the number of members in the House of Representatives by applying the prescribed
rounding methodology to round the number of members to a whole number (section
48 allows the use of the harmonic mean for Territories in specified circumstances,
while section 65 does not use that method of rounding). The quota for ascertaining a
State or Territory's entitlement to representation (seats) is calculated using
population data, whereas the redistribution quota for determining the drawing of
electoral boundaries is determined based off the number of electors.
83. Items 75 to 80 amend subsection 66(1), (2) and (3) and paragraphs 66(3)(a) and (b)
of the Electoral Act to clarify that the requirement to make a proposed redistribution
under section 66 will apply to the States, the Australian Capital Territory and the
Northern Territory, as the case requires.
Sections 67, 67A and 68 - Reasons, outline of the proposal and publishing requirements
for proposed redistributions
84. Items 81 to 84 amend sections 67 and 67A and subsection 68(1) to clarify that the
existing requirements in relation to the preparation of the statement of reasons, the
redistribution proposal and the publishing requirements for a proposed redistribution
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will apply to a State, the Australian Capital Territory or the Northern Territory, as
the case requires.
Section 69 - Objections against proposed redistribution
85. Item 85 amends paragraph 69(5)(a) to clarify that objection documents lodged
pursuant to subsection 69(1) must in the case of a redistribution of a State or the
Northern Territory be made available for perusal at the office of the Australian
Electoral Officer of the relevant State or Territory.
Section 70 - Augmented Electoral Commission, Section 71 - Proceedings at meetings of
augmented Electoral Commission etc. and Section 72 - Consideration of objections
86. Item 86 to 91 amends subsections 70(1), (2), (3) and (4) and clarifies that there must
be an augmented Electoral Commission to oversee a redistribution of a State, which
will apply to States, the Australian Capital Territory or the Northern Territory.
87. Items 92, 93 and 94 amend subsections 71(1) and 72(1), subparagraph 72(3)(a)(i)
and paragraph 72(10)(a) to clarify that the relevant augmented Electoral
Commission is also required to consider all initial objections, initial comments and
further objections lodged in response to a proposed redistribution of a State, the
Australian Capital Territory or the Northern Territory.
Section 73 - Redistribution of State
88. Items 95 to 100 amend section 73 (and its heading), subsections 73(1), (3) and (4)
and paragraphs 73(4)(a) and (b), to clarify that the augmented Electoral Commission
of a State, the Australian Capital Territory or the Northern Territory is required to
comply with the notice requirements for the proposed redistribution as set out in
section 73 of the Electoral Act.
Section 74 - Reasons for determination and Section 75 - Copies to be forwarded to the
Minister
89. Item 101 amends section 74 to clarify that the augmented Electoral Commission of
a State, which applies to States, the Australian Capital Territory or the Northern
Territory, must publish its reasons for the determination (the redistribution decision).
90. Items 102 and 103 amend subsection 75(1) to clarify that the augmented Electoral
Commission of a State, which applies to States, the Australian Capital Territory or
the Northern Territory, must provide the Minister with copies of the documents
specified in subsection 75(1) of the Electoral Act.
Section 76 - Mini-redistribution
91. Item 104 repeals paragraph 76(16A)(a) as Item 49 of this Bill gives effect to the
updated definition of 'State' in Part IV of the Electoral Act that includes States, the
Australian Capital Territory and the Northern Territory, rendering the paragraph
redundant.
92. Item 105 repeals section 76A as the amendments to the application of Part IV made
by Item 49 include provision for the Northern Territory in the primary
mini-redistribution framework in section 76 of the Electoral Act.
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Section 77 - Decisions under Part final etc. and Section 78 - Improper influence
93. Item 106 amends subsection 77(1) to clarify that decisions of Redistribution
Committees, augmented Electoral Commissions or Redistribution Commissioners
for a State, which applies to States, the Australian Capital Territory or the Northern
Territory, are notwithstanding relevant legal caveats referred to in this subsection,
final and conclusive.
94. Item 107 amends section 78 to clarify that it is an offence to improperly influence
members of a Redistribution Committees or augmented Electoral Commissions or
Redistribution Commissioners for a State, the Australian Capital Territory or the
Northern Territory.
95. Item 108 is an application provision which clarifies that the proposed amendments
to Part IV of the Electoral Act will only apply to redistributions for the Australian
Capital Territory or the Northern Territory that are undertaken after the
commencement of this Schedule.
Part V - Subdivisions and polling places - Section 79 - Subdivisions and Section 154 -
Writs for election of members of House of Representatives
96. Item 109 amends paragraph 79(1)(b) to clarify the Electoral Commissioner may
divide a Territory, to which section 55A does not apply, into Districts as specified.
Section 55A (Application to Territories with 2 or more members) applies to
Territories with 2 or more members in the House of Representatives chosen at a
general election.
97. Item 110 replaces subsection 79(2) to clarify that while the Electoral Commissioner
may divide a Division into Subdivisions, the territories of Christmas Island and the
Cocos (Keeling) Islands may only be distributed as a District of the Division of the
Northern Territory. Item 110 also repeals subsection 79(3) which is no longer
required due to the repeal of section 76A in Item 105 of this Bill.
98. Item 111 is a minor amendment to paragraph 154(2)(h) to refer to members in the
plural rather than singular when referring to the writ that relates to members to be
elected for the Northern Territory.
99. Item 112 repeals subsection 154(2A) which is an application provision which was
required if and when the entitlement for the Northern Territory was a singular
member rather than plural.
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