Representation Amendment (6 Regions per State, 2 Senators per Region) Bill 2020 [2020] AUSStaCSBSD 54 (2 April 2020)

• Representation Amendment (6 Regions Per State, 2 Senators Per Region) Bill 2020
• Significant matters in delegated legislation 12

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Representation Amendment (6 Regions Per State, 2 Senators Per Region) Bill 2020

Purpose	This bill seeks to amend the Commonwealth Electoral Act 1983 and the Representation Act 1983 to provide that each State be divided into six divisions for elections to the Senate
Sponsor	Hon Barnaby Joyce MP
Introduced	House of Representatives on 24 February 2020

Significant matters in delegated legislation ^[12]

1.33 Item 3 of Schedule 1 to the bill seeks to amend the Representation Act 1983 to provide that the minister must, by legislative instrument, determine six divisions for each state for elections to the Senate. The number of Senators for each division of a state must be two, chosen by the people of the divisions voting as six separate electorates.

1.34 The committee's consistent scrutiny view is that significant matters, such as the determination of electoral boundaries, should not be set out in delegated legislation unless a sound justification for the use of delegated legislation is provided. The committee notes that no explanation for the use of delegated legislation is provided in this instance.

1.35 Additionally, the committee has significant scrutiny concerns regarding allowing the minister, who is a member of the executive branch of government, to determine electoral boundaries for Senate elections. In this regard, the committee notes that there are no safeguards in the bill to ensure that divisions within a state are fairly and impartially created, for example by providing that electoral divisions are to be determined by the Australian Electoral Commission.

1.36 The committee draws this matter to the attention of senators and leaves to the Senate as a whole the appropriateness of allowing the minister to determine Senate electoral divisions by legislative instrument.

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[12] Schedule 1, item 3. The committee draws senators’ attention to this provision pursuant to Senate Standing Order 24(1)(a)(iv) and (v).