1985-86 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA THE SENATE (Presented pU1'suant to Leave Jranted and read 10, 17 Aprit 1986) (SENATOR MACKLIN) A B ILL FOR An Act to amend the Commonwealth Electoral Act 1918 to provide for the election of members of the House of Representatives by proportional representation and for related purposes BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: Short title, &c. 5 1. Cl) This Act may be ci ted as the Commonwealth Electoral (Representation of the People) Amendment Act 1986. (2) The Commonwealth Electoral Act 1918 is in this Act referred to as the Principal Act. Commencement 10 2. This Act shall come into operation on the day on which it receives the Royal Assent. 1,400/17.4.1986- (81/86) Cat. No. 8644169 2 CommonweaLth ELectopaL (Reppesentation of the PeopLe) Amendment , 1986 No Beadinq to Division 3 of Part III 3. The heading to Division 3 of Part III of the Principal Act is amended by inserting "and Territories" after "States". 4. Section 46 of the Principal Act is repealed and the 5 following section is substituted: Ascertainment of numbers of people of the Commonwealth, the States and the Territories "46. Where a House of Representatives has continued for a period of 11 months after the day of the first meeting of that 10 House, the Electoral Commissioner shall (a) within one month after the expiration of the period of 11 months; (b) within one month after the expiration of a period of 17 months after the day of the first meeting of that 15 House; (c) within one month after the expiration of a period of 23 months after House; and (d) the day of the first meeting of that within one month after the expiration of a period of 29 months after the day of the first meeting of that House, 20 i f that House is still continuing, ascertain the numbers of the people of and of the several States and of each Territory in accordance with the latest statistics of the the Commonwealth Commonwealth." . 25 CommonweaZth EZeatoraZ (Representation of the PeopZe) Amendment No J 1986 Determination of numbers of members of House of Representatives to be chosen in States and Territories 5. Section 48 of the Principal Act is amended (a) 5 by omitting from sub-section (1) "States," and substituting "States and of each Territory,"; (b) by inserting in sub-section (1) "and in each Territory" after "States"; 10 (c) by inserting in sub-section (2) "and in each Territory" after "States" (first occurring), (d) by omitting from paragraph "State." (2) (b) and substituting "State;"; and (e) by adding at the end of sub-section (2) the following paragraph: "(c) the 15 number Territory of shall members be to be determined chosen by number of people of the Territory, in dividing each the as ascertained in accordance with section 46, by the quota and - (i) if on such division the result is a fraction less than one, one member shall be chosen in the Territory; or 20 (ii) if on such division there is a remainder greater than one-half of the quota, more member shall be chosen in Territory.n. one the 4 Commonwealth EZectoraZ (Representation of the PeopZe) Amendment No , la86 Notification of determination 6. Section 49 of the Principal Act is amended (a) by inserting in sub-section (1) "and in each Territory" after "States" (first occurring); and (b) by inserting in sub-paragraph ( 1) (a) ( i ) "and of each .5 Territory" after "States". Number of members of House of Representati ves to be chosen in States and Territories 7. Section 50 of the Principal Act is amended by inserting "and 10 in each Territory" after "State". Heading to Division 4 of Part III 8. The heading to Division 4 of Part III of the Principal Act is repealed. Repeal of sections 51 and 52 15 9. Sections 51 and 52 of the Principal Act are repealed. Interpretation 10. Section 55 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section: "(1) In this Part "average enrolment per member", in relation to a State, means (a) subj ect to paragraph (b), the number ascertained by dividing the number of electors enrolled in the State by the number of members of the House of 20 CommonweaLth ELectoraL (Representation of the PeopLe) Amendment Representatives accordance 5 , 1986 No to with be the chosen latest in the State determination in made under sub-section 48(1); or (b) in 5 a case where the number accordance with paragraph (a) ascertained in includes a fraction - the number so ascertained (i) if the fraction is less than one-half reduced to the nearest whole number; or if (ii) 10 the fraction is one-half or more - increased to the nearest whole number.". 11. Sections 56 and 57 of the Principal Act are repealed and the following section is substituted: Distribution of States and Territories into Electoral Divisions "56. (1) 15 relation to In this section, an Electoral 'population density' means, Division, the number in ascertained by dividing the population in that Electoral Division by the number of square kilometres in that Electoral Division. " ( 2) Each State shall be distributed into Electoral Divisions in accordance with sub-section (3). 20 of the House of " (3) Where the number of members Representatives to be chosen in a State determined in accordance with section 48 is (a) any number other than a number referred to in paragraph (b) - the State shall, subject to sub-section (4), form 25 such number of Electoral Divisions, each returning an odd number of members greater than or equal to five, as the Redistribution Committee for appropriate; or the State considers 6 Commonwea~th E~ectora~ (Representation of the People) Amendment No (b) thirteen, eleven, , 1986 nine or any number less than nine - the State shall form one Electoral Division. "(4) Where, a State is in accordance with sub-section (3), distributed into more than one Electoral Division, no Electoral Division shall be formed such that the population density in that Electoral Division is greater than the population density in any 5 other Electoral Division returning a larger number of members. "(5) Each Territory shall form one Electoral Division.". Monthly ascertainment of enrolment, Ic. 12. Section 58 of the sub-sections ( 1) and sub-sections: "(1) The Electoral having ascertained, Principal Act (2) substi tuting and Commissioner is amended shall, by the omitting forthwith after in accordance with section 46, the numbers of the people of the several States (a) 10 following ascertain, in respect of each State, 15 as at the close of a day in a month referred to in paragraph 46(a), (b), (c), or (d), the number of electors enrolled in each Division; (b) determine, in respect of each State, close of that day in the month (i) (ii) as at the 20 the average enrolment per member; and the extent to which, in each Electoral Division, the number ascertained by dividing the number of electors enrolled in the Electoral Division by the number 25 Commonwealth Electoral (Reppesentation of the PeopZej Amendment No ? , 1986 of members Division returned by differs that Electoral average the from enrolment per member; and (c) 5 cause a statement setting out the matters so determined to be published ascertained and 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 10 the several month.". States as at the close of the same day in a Times at which redistributions are to ca..ence 13. Section 59 of the Principal Act is amended (a) months, been, mal apportioned Divisions,"; liJ 20 by omitting from paragraph (2) (b) "2 months, been, mal apportioned Divisions; and" and substituting "6 (b) by omitting paragraph (2)(c); (c) by omitting from sub-section ( 3 ) "or (c) " ; ( d) by (e) by omitting sub-section ( 4 ) ; (f) by omitting from paragraph substituting "six months"; (3) (b) "one year" omitting from paragraph (5) (a) "(including sub-section as affected by sub-section (4))"; and that 8 Commonwea~th E~ectora~ (Representation of the People) Amendment No , 1986 (g) by omitting sub-sections (7), (8) and (9); (h) by omitting from sub-section (10) all words after "in a State" and substituting "in which the number ascertained by dividing the number of electors enrolled in the Division by the number of members returned by that Division differs from the average enrolment per member in relation to the State to a greater extent than one-tenth more or one-tenth less."; and (j) by omitting from paragraph (11) (b) "in the case of a State -" 14. Section 66 of the Principal following section substituted: 5 10 Act is repealed and the Redistribution Committee to make proposed redistribution "66. (1) A Redistribution Committee for a State shall, in accordance with sub-sections (2), (3) and (4), make a proposed redistribution of the State. "(2) The proposed redistribution shall distribution of the State into Electoral accordance with section 56. propose the Divisions in "( 3) In making the proposed redistribution, Redistribution Committee shall give due consideration, relation to each proposed Electoral Division, to (a) (b) 15 the in community of interests within the proposed Electoral Division, including economic, social and regional interests; means of communication and travel within the proposed Electoral Division; 20 25 CommonweaZth EZectopaZ (Reppesentation of the PeopZe) Amendment No 9 1986 , (c) the trend of population changes within the State: and (d) the physical features and area of the proposed Electoral Division. "( 4) 5 In making the proposed Redistribution Committee shall not, Electoral Division, the number Division as of out in enrolled the in relation to a proposed in latest accordance with sub-section 58(1) 10 the allow the number ascertained by dividing eleqtors set redistribution, the proposed statement Electoral published in by the number of members to be returned by that proposed Electoral Division to differ from the average enrolment per member for the State to a greater extent than one-tenth more or one-tenth less.". Redistribution of State 15. Section 73 of the Principal Act is amended by omitting 15 su!:>-sections (3), (4) and (5) and substituting the following sub-sections: "(3) The determination shall distribute the State into Electoral Divisions in accordance with section 56. 20 "( 4) In making the determination, the augmented Electoral Commission shall give due consideration, in relation to each Electoral Division, to (a) community of interests within the Electoral Division, including economic, social and regional interests: (b) 25 means of communication and travel within the Electoral Division: 10 CommonweaZth EZeatopaZ (Reppesentation of the Peopie) Amendment No , 1986 (c) the trend of population changes within the (d) the physical Division. "( 5) features and area In making the determination, Commission shall not, in of State~ the and Electoral the augmented Electoral relation to an Electoral Division, 5 allow the number ascertained by dividing the number of electors enrolled in the Electoral Division as set out in the latest statement published in accordance with sub-section 58(1) by the number of members to be returned by that Electoral Division to differ from the average enrolment per member for the State to a 10 greater extent than one-tenth more or one-tenth less.". Mini-redistribution 16. Section 76 of the Principal Act is amended (a) by omitting from sub-section (1) "of Divisions in accordance with which the State is for the time being 15 distributed" and substituting "of members to be chosen in the State in accordance with which the State is for the time being distributedn~ (b) by inserting in sub-paragraph (3) (a) (ii) "and" after 20 "Divisions~"; (c) by inserting in sub-paragraph (3) (a) (iii) "and" after "enrolled~"~ (d) by omitting sub-paragraphs (3)(a)(iv) and (e) by inserting in sub-paragraph (v)~ (3) (b) (ii) "and" after 25 "Divisions;"~ (f) by omitting from sub-paragraph and substituting "enrolled."; (3) (b) (iii) "enrolled~" Commonwealth Electopal (Reppesentation of the People) Amendment 11 , 1986 No (g) by omitting sub-paragraphs (3)(b)(iv) and (v); (h) by omitting from sub-section (4) "or remaining on"; (j) by omitting from sub-section (5) "or remaining on"; (k) by omitting from sub-section (7) "set aside a number of pairs of contiguous Divisions in the State equal to the 5 difference between the present entitlement of the State and the previous entitlement of the State" and substituting "set aside a pair of contiguous Divisions in the State"; and 10 (1) by omitting sub-sections (9), (10) , (11) and (12) and substituting the following sub-sections: "(9) A pair of contiguous divisions set aside under sUb-section (3) shall be distributed into one Electoral Division. 15 "(lQ) 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. 20 " (11') Where the present entitlement of the State is greater than the previous entitlement of the State, the Electoral Division formed from the pair of contiguous Divisions set aside in pursuance of paragraph (3) (a) shall return a number of members one more than the sum 25 of the numbers of members returned by each of the pair of contiguous Divisions. " (12) Where the present entitlement of the State is less than the previous entitlement of tha State, the Electoral Division formed from the pair of contiguous 12 Commonwealth Electoral (Representation of the People) Amendment No Divisions set aside , 1986 in pursuance of paragraph (3) (b) shall return a number of members one less than the sum of the numbers of members returned by each of the pair of contiguous "Divisions.". 5 Subdivisions 17. Section 79 of the Principal Act is amended (a) by omitting from sub-section (1) all words "published" and substituting "in the Gazette, Division specified into such and set Subdivisions out the (if divide a any) boundaries after as of are each 10 Subdivision so specified."; (b) by omitting from sub-section (2) "District" (twice occurring) and substituting "Subdivision"; and (c) by omitting from sub-section (3) "or a District of the 15 Northern Territory". Scrutiny of votes in Senate and House of Representatives elections 18. Section 273 of the Principal Act is amended (a) by inserting in paragraph (5) (b) (b) by omitting from paragraph 11 and" after "( 4) ;"; (5) (cl "candidate;" and substituting "candidate."; (cl by omitting paragraphs 5(d), (d) by inserting sub-sections: after (el and (fl; sub-section (51 the following 20 CommomJealth EZectoY'aZ (RepY'esentation of the PeopZe) Amendment No 1986 1.3 (SA) The Divisional Returning Officer shall, relation to ballot-papers in a Senate election 11 (a) 5 in count the first preference votes given for each candidate on such ballot-papers, and transmit the following information, by telegram or in some other expeditious manner, to the Australian Electoral Officer: (i) the number of first preference given for each candidate (A) 10 votes on ballot-papers marked in accordance with sub-section 239(2); and (B) (i i) 15 (b) (c) 25 the total number of rejected as informal; ballot-papers seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, and 20 on all other ballot-papers; and to countersign the indorsement; transmit with the least possible delay the parcels of unrejected ballot-papers marked otherwise than in accordance with sub-section 239(2) to the Australian Electoral Officer and inform the Australian Electoral Officer, by telegram or in some other expeditious manner of the transmission. 14 CommonweaLth ELectoraL (Representation of the PeopLe) Amendment No 1986 "(5B) The Divisional Returning Officer shall, in relation to ballot-papers in a House of Representatives election, count the first preference votes given for each candidate on such ballot-papers."; (e) by inserting in sub-section (7) ", in relation to a or the Divisional Returning Office,r Senate election, for a Division, in relation to a House of Representatives election," after "State"; (f) by omitting from sub-section (17) "shall have a casting vote, but he" and substituting n, in relation to a 10 Senate election, or the Divisional Returning Officer for a Division, in relation to a House of Representatives election, shall have a casting vote, but the Australian Electoral Officer or Divisional Returning Officer, as the case requires,"; 15 (g) 5 by inserting in sub-section (19) "of ballot-papers in a Senate election" after "scrutiny", (h) by inserting sub-section: after sub-section (19) the following of scrutiny At of the the conclusion ballot-papers in a House of Representatives election, the Divisional Returning Officer shall place in parcels all the unrejected ballot-papers, seal up those parcels and the separate parcel of informal ballot-papers set aside under paragraph 5 (b) , indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement."; " (l9A) (j) by inserting in sub-section (22) "or Returning Officer for the Division, requires" after "State"; and the Divisional as the case 20 25 30 CommonweaLth ELeat6~aL (Rep~esentation No (k) by inserting Returning in sub-section Officer of the PeopLe) Amendment 15 , 1986 for the (24) "or the Division, as Divisional the case requires" after "State". Consequential amendmeats 5 19. The Schedule. Principal Act is further amended as set out in the 16 CommonweaZth EZectoraZ (Representation of the PeopZe) Amendment No , 1986 SCHEDULE Section 19 CONSEQUENTIAL AMENDMENTS 1. The following provisions of the Principal Act are amended by omitting "or the Australian Capital Territory" (wherever occurring): Sub-sections 59(1) and (11), 62(1), 63(1) and 64(1), section 67, sub-sections 68(1), 70(1), (2) and (3), 71(1),72(1) 73(1), 74(1), 75(1) and 77(1) and section 78. 2. The following provisions of the Principal Act are amended by omitting "or Territory" (wherever occurring): Paragraphs 59(11)(a) and (c), sub-sections 64(1), 68(1) and 70(1), paragraph 70(2)(c), and sub-sections 70(4), 72(1) and ( 3 ), 73 (1) and (2) and 75 ( 1) . 3. The following provisions of the Principal Act are amended by inserting "or House of Representatives" after "Senate" (wherever occurring): Sub-sections 145(1) and (2), 146 (2) and 168(1), section 169, sub-sections 179(1) and 209(1), section 210, sub-sections 211(1), (2), (4) and (5), 214(2), 216(1), 226(3) and 239(1), paragraph 268(1)(b), sub-sections 269(1) and (2) and 270(1), paragraphs 272(1)(a), 272(2)(a), 272(3)(a) and 272(5)(a), sub-sections 273(1), 287(1) (definition of "group"), 293(2), 294(5) and 299(3) and (4) and section 301. 4. The Principal Act following table: is further amended as set out in the Commonwealth E~ectoraL (Representation of the PeopLe) Amendment No Provision 17 , 1986 Amendment Sub-section 4(1) (definition of "Division") Omit the definition, substitute: "'Division' means Electoral an Division for the election of a member or members of the House of Representatives;". Sub-section 4(5) Omit the sub-section. Sub-section 34(2) Omit "District" , substitute "Subdivision" • Section 61 Repeal the section. Sub-section 62(4) Omit the sub-section. Sub-sectio~ 64(2) Omit all words after substitute "at the Australian Electoral "perusal", office of the Officer for the State .... Section 65 Repeal the section. Sub-section 77(2) Omit "sections 56, 57 and 65", substitute "section 56,". 'Sub-section 145(3) Omit paragraph (c), substitute the following paragraphs: M(C) specify the House of Parliament in an election for which they are candidates: 18 Commonwealth EZectopal (Reppesentation of the People) Amendment , 1986 No Provision Amendment (ca) in the case of candidates in a Senate election - specify the State or Territory in which they are candidates: (cb) in the case of candidates in a House election Division of in Representatives specify the which they are candidates:". Paragraph 146(2)(a) Insert" Paragraph 154(2)(h) Insert "or members" after "member". Sub-section 168(2) Insert "or Divisional Officer, as the case after "Officer". Returning Insert Returning Sub-section 168(4) (ca), (cb)" after "(c)". "or Divisional requires" Officer" after "Officer". Sub-section 168(5) Insert "or Divisional Returning Officer" after "Officer". Section 169 (a) Insert "or Divisional Returning Officer, as the case requires" after "Officer" (first occurring). CommonweaLth ELectopaL (Reppesentation of the PeopLe) Amendment No Provision 19 , 1986 Amendment (b) Insert "or Returning Divisional Officer" after "Officer" (second occurring). Section 173 Omit all words after "if he is elected," substitute "or (a) if the total number of votes polled in his favour as first preferences is at least 4% of the total polled number in of favour votes of the candidates in the election as first preferences; or (b) in a case where the name the candidate is included, ballot-papers election, in , used in a group pursuance of section 168 of in the in - if the sum of the votes polled in favour of candidates each of included the in the group as first preferences is at least number favour the 4% of the total of votes polled of t:tle candidates election as in in first preferences, otherwise it shall be forfeited to the Commonwealth. '" • 20 Commonwea~th E~ectora~ (Representation of the /VO Peop~e) Amendment , 1986 Provision AmendIMnt Sub-section 179(1) Insert "or Officer, as Divisional the case Returninq requires~" after "Officer". Sub-section 179(2) Omit the sub-section. Sub-section 180(2) Omit the sub-section, substitute the following sub-section: " (2) If after the nominations for' a Hous. of Representatives election have been declared and before pollin9 day any candidate dies and the candidate or candidates remaining are not greater in number than the candidates required to be elected, the candidate or, candidates remaining shall forthwith be declared to be elected and the writ returned.". Sub-section 209(2) Omit the 5ub-$ection. Paragraph 2l0(b) Insert "or the Divisional Returning Officer, as the Cellse requires,· after ·Officer". Paragraph 210(c) Insert "or the Divisional Returninq Officer" after "Officer". Commonwea~th ELectoraL (Representation of the PeopLe) Amendment No , 21 1986 Provision Amendment Paragraph 210 (d) Insert "or the Divisional Returning Officer" after "Officer". Sub-section 211(1) Insert "or the Divisional Returning Officer for the Division" after "Territory". Section 212 Repeal the section. Sub-section 213(1) Omit "or 212". Sub-section 216(1) Insert "or the Divisional Returning Officer, as the case requires," after "Officer". Sub-section 221(2) Insert "or members" after "member". Section 240 Repeal the section. Sub-section 250(4) (a) Omit "212," (first occurring). (b) Omit", 212" (second occurring). Paragraph 268(1)(c) Omit the paragraph. 22 CommonweaLth ELeotoraL (Representation of the PeopLe) Amendment NQ , 1986 Provision Amendment Sub-section 270(2) Omit the sub-section. Sub-section 270(3) Omit "or (2)". Sub-paragraph 272(2)(d)(i) Insert "or the Divisional Returning Officer for the relevant Division, as the case requires" after "Territory" • Sub-paragraph 272(3)(d)(i) Insert "or the Divisional Returning Officer for the relevant Division, as the requires" case afte:"Territory". Sub-paragraph 272(3)(e)(i) Insert "or the Divisional Returning Officer for the relevant Division, as the requires" case after "Territory". Sub-paragraph 272(3)(e)(ii) Insert "or the Divisional Returning Officer for the relevant Division, as the case requires" after "Territory". Section 274 Repeal the section. Commonwea~th ELectora~ (Representation of the No , 1986 Peop~e) Amendment 23 Provision Amendment Section 276 Repeal the section. Section 277 Repeal the section. Paragraph 284(l)(a) of "or the names Insert candidates" after "candidate". the Paragraph 284(1) (b) of "or the names Insert candidates" after "candidate". the Sub-section 284(3) Insert "or the names of each of the "candidate" after candidates" (first occurring). Sub-section 287(1) (definition of "election") Insert "or members" after "member". Sub-section 294(1) Insert "or an eligible group" after "candidate" . Sub-section 295(7) Omit paragraph (b), substitute the following paragraph: " (b) each group the members of which (i) were endorsed in one of those elections party; and by the 24 CommonweaZth EZectoraZ (Represen~ation No Provision J of the PeopZe) Amendment 1986 'Amendment stood for election in the State or Territory on the basis of which the branch (ii) is organized. " Sub-paragraph 35l(l)(b)(ii) (a) Insert "or . Members" after "Member" • (b) Insert", or that that group of candidates is the group for which," after "whom". Schedule, Form E (a) Omit "[ (b) "Senators", 9 substitute ] '1 • Insert in note 5 "(in the case of election) Senate a or a Representatives House of election)" after "Territory". Division (c) (in the case of Add at the end of note 6 "or Division, as appropriate". (d) Add at the end of the Form "9 Here insert Senators Members, as appropriate". Schedule, Form F Omit the Form. Printed by Authority by the Commonwealth Government Printer or
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