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2019-2020
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Representation Amendment (6 Regions Per State, 2 Senators Per Region) Bill 2020
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
The Hon Barnaby Joyce MP
Member for New England
Representation Amendment (6 Regions Per State, 2 Senators Per Region) Bill 2020
OUTLINE
The policy intent of the Bill is to provide greater representation of the geographical
diversity of Australia, with each State divided into six regions, with two Senators per
region. This will replace the State being one electorate for the Senate vote, to a State
having 6 electoral regions for the Senate vote. Three out of the six regions will be voted for
every half Senate election, as opposed to half of the twelve Senators from the State as
one electorate.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1: Short Title
1. This clause provides for the Act to be cited as the Representation Amendment (6
Regions Per State, 2 Senators Per Region) Act 2020
Clause 2: Commencement
2. This clause provides that sections 1 to 3 commence the day after this Act receives
Royal Assent by the Governor General.
Clause 3: Schedules
3. This clause provides that legislation the Act is amending, or repealing is set out in the
Schedules.
Schedule 1:
Item 1: Commonwealth Electoral Act 1983
Amending Section 39 of the Commonwealth Electoral Act 1983 is a consequential
amendment relating to Item 2.
Item 2: Representation Act 1983
Amending Sections 3,4,5 and 6 of the Representation Act 1983 to remove existing
requirements for representation in the Senate. The Amendment will allow the Minister to
determine six divisions for each State and two Senators per division. There are provisions
to determine the maximum and minimum size of a division. It is important to note that the
geographical area of the capital city of the State will be wholly contained in one region.
Item 3: Transitional provision
The amendments made in Item 3 will apply after the election of Senators for each State.
The item explains the transitional process that will take place once the Bill is passed. If the
first election will be a half-Senate election, three divisions (regions) for each State will
become vacant for election and will be determined by lot by the President of the Senate.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Representation Amendment (6 Regions Per State, 2 Senators Per
Region) 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
Our current Senate representation is disproportionate and doesn't allow an effective voice
for across our vase land mass. Changes need to be made to the current system to provide
greater representation for regional, rural and remote areas. There is a high imbalance of
Senators located in capital cities where the overwhelming number of lower house
Members are as well. In many instances 11 out of the 12 Senators come from capital
cities.
Under this amendment States will be broken into 6 electoral regions, with no region being
larger then 30% of the geographical area of the State, and no urban capital city basin
being more than one region. These regional areas will contribute two Senators at an
election every six years and at a double dissolution. Three out of the six regions will be
voted for every three years, and the second three regions will be up for election after the
following three years. The election will be at the appropriate time approximate to the expiry
of the Senators six year term and a Federal election.
With a need to see a greater Indigenous voice in parliament, each region will take into
account First Nation areas and boundaries. In certain regions there will be a greater
opportunity to elect indigenous Senators because of the region having a high proportion of
Indigenous voters.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights because it increases representation of the
Australian people, particularly those in regional, rural and remote areas to the Parliament
of Australia.
The Hon Barnaby Joyce MP