Commonwealth Electoral (Representation of the People) Bill 1985

1985

THE SENATE

(Private Senator's Bill - Senator Vigor)

A BILL

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.

1. (1) This Act may be cited as the Commonwealth Electoral (Representation of the People) Amendment Act 1985.

(2) The Commonwealth Electoral Act 1918 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Heading 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 Section 46 of the Principal Act is repealed and the following section is substituted:

Ascertainment of numbers of people of the Commonwealths, 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 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 House;

(d) within one month after the expiration of a period of 29 months after the day of the first meeting of that House, if that House is still continuing, ascertain the numbers of the people of the Commonwealth and of the several States and of each Territory in accordance with the latest statistics of the Commonwealth.".

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) 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

(d) by omitting from paragraph (2)(b) "State.' and substituting "State;"; and

(e) by adding at the end of sub-section (2) the following paragraph:

"(c) the number of members to be chosen in each Territory shall be determined bydividing the number of people of the Territory, 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

(ii) if on such division there is a remainder greater than one-half of the quota, one more member shall be chosen in the Territory.".

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 Territory" after "States".

Number of members of House of Representatives to be chosen in States and Territories

7. Section 50 of the Principal Act is amended by inserting "and in each Territory" after "State".

Heading to Division 4 of Part of Part III

8. The heading to Division 4 of Part III of the Principal Act is repealed.

Repeal of sections 51 and 52

9. Sections 51 and 52 of the Principal Act are repealed

Interpretation

10. Section 55 of the Principal Act is amended by omitting subsection (1) and substituting the following sub-section:

"(1) In this Part "average enrolment per member", in relation to a State, means -

(a) subject 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 Representatives to be chosen in the State in accordance with the latest determination made under sub-section 48(1); or

(b) in a case where the number ascertained in accordance with paragraph 9a) includes a fraction - the number so ascertained

(i) if the fraction is less than one-half reduced to the nearest whole number; or

(ii) if 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) Each State shall be distributed into Electoral Divisions in accordance with sub-section (2).

(2) Subject to sub-section (3), where the number of members of the House of Representatives to be chosen in a State determined in accordance with section 48 is -

(a) five - the State shall form one Electoral Division;

(b) six - the State shall form two Electoral Divisions each returning three members;

(d) nine the State shall form three Electoral Divisions each returning three members;

(e) eleven - the State shall form three Electoral Divisions, one returning five members and two returning three members;

(f) sixteen - the State shall form four Electoral Divisions, two returning five members and two returning three members; or

(g) any other number - the State shall form such number of Electoral Divisions, each returning an odd number of members greater than one, as the Redistribution Committee for that State considers appropriate, providing that no more than one of such Electoral Divisions shall return three members.

(3) Where, in accordance with sub-section (2), a State is distributed into Electoral Divisions one or more of which returns three members and one or more of which returns five or more members, no Electoral Division returning three members shall be formed such that the number ascertained by dividing the number of hectares in that Electoral Division by the number of members returned is less than the number ascertained by dividing the number of hectares in any Electoral Division returning five or more members by the number of members returned by that Electoral Division.

(4) Each Territory shall form one Electoral Division.".

Monthly ascertainment of enrolment, &c.

12. Section 58 of the Principal Act is amended by omitting sub-sections (1) and (2) and substituting the following sub-sections:

"(1) The Electoral Commissioner shall, forthwith after the end of each month -

(a) ascertain, in respect of each State, as at the close of a day in the month, the number of electors enrolled in each Division;

(b) determine, in respect of each State, as at the close of that day in the month

(i) the average enrolment per member; and

(ii) 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 of members returned by that Electoral Division differs from the average enrolment per member; and

"(2) Nothing in sub-section (1) shall be taken to require a determination under that sub-section to be made in respect of the several States as at the close of the same day in a month.".

Times at which redistributions are to commence

13. Section 59 of the Principal Act is amended -

(a) by omitting from paragraph (2) (b) "Divisions; and" and substituting "Divisions,";

(b) by omitting paragraph (2)(c);

(d) by omitting from paragraph (3)(b) "one year" and substituting "six months";

(e) by omitting sub-section (4);

(f) by omitting from paragraph (5)(a) "(including that sub-section as affected by sub-section (4))";

(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 Act is repealed and the following section substituted:

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 propose the distribution of the State into Electoral Divisions in accordance with section 56.

(3) In making the proposed redistribution, the Redistribution Committee shall give due consideration, in relation to each proposed Electoral Division, to -

(a) community of interests within the proposed Electoral Division, including economic, social and regional interests;

(b) means of communication and travel within the proposed Electoral Division;

(d) the physical features and area of the proposed Electoral Division.

(4) In making the proposed redistribution, the Redistribution Committee shall not, in relation to a proposed Electoral Division, allow the number ascertained by dividing the number of electors enrolled in the proposed Electoral Division 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 sub-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.

(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) means of communication and travel within the Electoral Division;

(d) the physical features and area of the Electoral Division.

(5) In making the determination, the augmented Electoral Commission shall not, in relation to an Electoral Division, allow the number ascertained by dividing the number of electors enrolled in the Electoral Division 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 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 distributed" and substituting "of members to be chosen in the State in accordance with which the State is for the time being distributed";

(b) by inserting in sub-paragraph (3) (a) (ii) "and" after "Divisions; of ;

(d) by omitting sub-paragraphs (3)(a)(iv) and (v);

(e) by inserting in sub-paragraph (3)(b)(ii) "and" after "Divisions;";

(f) by omitting from sub-paragraph (3)(b)(iii) "enrolled;" and substituting "enrolled.";

(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 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

(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.

(10) 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.

(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 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 the State, the Electoral Division formed from the pair of contiguous Divisions set aside 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.".

Subdivisions

17. Section 79 of the Principal Act is amended

(a) by omitting from sub-section (1) all words after "published" and substituting "in the Gazette, divide a Division into such Subdivisions (if any) as are specified and set out the boundaries of each Subdivision so specified.";

(b) by omitting from sub-section (2) "District" (twice occurring) and substituting "Subdivision"; and

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) "and" after 11(4);";

(b) by omitting from paragraph (5)(c) "candidate;" and substituting "candidate.";

(d) by inserting after sub-section (5) the following sub-sections:

(5A) The Divisional Returning Officer shall, in relation to ballot-papers in a Senate election -

(a) 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 votes given for each candidate

(A) on ballot-papers marked in accordance with sub-section 239(2); and

(B) on all other ballot-papers; and

(ii) the total number of ballot-papers rejected as informal;

(b) seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement; and

(c) 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.

(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 Senate election, or the Divisional Returning Officer for a Division, in relation to a House of Representatives election," after "State";

(f) by inserting in sub-section (17) ", in relation to a Senate election, or the Divisional Returning Officer for a Division, in relation to a House of Representatives election," after "State";

(g) by inserting in sub-section (19) "of ballot-papers in a Senate election" after "scrutiny";

(h) by inserting after sub-section (19) the following sub-section

"(19A) At the conclusion of the scrutiny of 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 endorsement.";

(j) by inserting in sub-section (22) "or the Divisional Returning Officer for the Division, as the case requires" after "State"; and

(k)

CONSEQUENTIAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting "or the Australian Capital Territory" (wherever occurring):

Sub-sections 59(l) and (11), 62(l), 63(l) and 64(l), section 67, sub-sections 68(l), 70(l), (2) and (3), 71(l), 72(l) 73(l), 74(l), ) by inserting in sub-section (24) "or the Divisional Returning Officer for the Division, as the case requires" after "State".

Consequential amendments

19. The Principal Act is further amended as set out in the Schedule.

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SCHEDULE

Section 19

75(l) and 77(l) 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(l), 68(l), 70(l) and (4), 72(l) and (3), 73(l) and (2) and 75(l).

3. The following provisions of the Principal Act are amended by inserting "or House of Representatives" after "Senate" (wherever occurring):

Sub-sections 145(l) and (2), 146 (2) and 168(l), section 169, sub-sections 179(l) and 209(l), section 210,

sub-sections 211(l), (2), (4) and (5), 214(2), 216(l), 226(3) and 239(l), paragraph 268(l)(b), sub-sections 269(l) and (2) and

270(l), paragraphs 272(l)(a), 272(2)(a), 272(3)(a) and 272(5)(a), sub-sections 273(l), 287(l) (definition of "group"), 293(2),

294(5) and 299(3) and (4) and section 301.

4. The Principal Act is further amended as set out in the following table:

Provision	Amendment
Sub-section 4(1) (definition of Division)	Omit the definition, substitute: " 'Division' means an Electoral 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-section 64(2)	Omit all words after "perusal", substitute "at the office of the Australian Electoral 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: "(c) specify the House of Parliament in an election for which they are candidates;

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 of Representatives election - specify the Division in which they are candidates;".
Paragraph 146(2)(a)	Insert ", (ca), (cb)" after "(c)".
Paragraph 154(2)(h)	Insert "or members" after "member".
Sub-section 168(2)	Insert "or Divisional Returning Officer, as the case requires" after "Officer".
Sub-section 168(4)	Insert "or Divisional Returning 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).

Provision	Amendment
	(b) Insert "or Divisional Returning 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 number of votes polled in favour of the candidates in the election as first preferences; or
	(b) in a case where the name of the candidate is included, in ballot-papers used in the election, in a group in pursuance of section 168 - if the sum of the votes polled in favour of each of the candidates included in the group as first preferences is at least 4% of the total number of votes polled in favour of the candidates in the election as first preferences.".

Provision	Amendment
Sub-section 179(1)	Insert "or Divisional Returning Officer, as the case 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 an election for the House of Representatives have been declared and before polling 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 sub-section.
Paragraph 210(b)	Insert "or the Divisional Returning Officer, as the case requires," after "Officer".
Paragraph 210(c)	Insert "or the Divisional Returning Officer" after "Officer".

Provision	Amendment
Paragraph 210 (d)	Insert "or the Divisional Returning Officer" after "Officer".
Sub-section 211(l)	Insert "or the Divisional Returning Officer for the Division" after "Territory".
Section 212	Repeal the section.
Sub-section 213(l)	Omit "or 212".
Sub-section 216(l)	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(l)(c)	Omit the paragraph.

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 case requires" after "Territory".
Sub-paragraph 272(3)(e)(i)	Insert "or the Divisional Returning Officer for the relevant Division, as the case requires" 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.

Provision	Amendment
Section 276	Repeal the section.
Section 277	Repeal the section.
Paragraph 284(l)(a)	Insert "or the names of the candidates" after "candidate".
Paragraph 284(l)(b)	Insert "or the names of the candidates" after "candidate".
Sub-section 284(3)	Insert "or the names of each of the candidates" after "candidate"(first occurring).
Sub-section 287(l) (definition of "election")	Insert "or members" after "member".
Sub-section 294(l)	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 by the party; and

Provision		Amendment
		(ii) stood for election in the State or Territory on the basis of which the branch is organized.".
Sub-paragraph 351(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 "Senators", substitute "[ 9 ]".
		(b) Insert in note 5 "(in the case of a Senate election) or Division (in the case of a House of Representatives election)" after "Territory".
		(c) Add at the end of note 6 "or Division, as appropriate".
		(d) Add at the end of the Form "9 Here insert Senators or Members, as appropriate".
Schedule, Form F		Omit the Form.

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