Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 73

  (1)   An augmented Electoral Commission for a State shall, in accordance with subsections   (3), (4) and (5), determine, by notice published in the Gazette , the names and boundaries of the Electoral Divisions into which the State is to be distributed and, subject to subsections   (6) and (7), those Electoral Divisions shall, until altered by a determination under this subsection or subsection   76(6), be the Divisions in the State.

Note:   See also sections   56AA and 56A in relation to redistributions of the Australian Capital Territory and the Northern Territory.

  (2)   The augmented Electoral Commission shall make a determination under subsection   (1) as soon as practicable after it has considered, in accordance with section   72, all the initial objections and any further objections.

  (3)   The determination shall distribute the State into Electoral Divisions equal in number to the number of members of the House of Representatives to be chosen in the State at a general election.

  (4)   In making the determination, the augmented Electoral Commission:

  (a)   shall, as far as practicable, endeavour to ensure that the number of electors enrolled in each Electoral Division in the State will not, at the projection time determined under section   63A, be less than 96.5% or more than 103.5% of the average divisional enrolment of that State at that time; and

  (b)   subject to paragraph   (a), shall give due consideration, in relation to each Electoral Division, to:

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

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

  (iv)   the physical features and area of the Electoral Division; and

  (v)   the boundaries of existing Divisions in the State;

and subject thereto the redistribution quota for the State shall be the basis for the redistribution, and the augmented Electoral Commission may adopt a margin of allowance, to be used whenever necessary, but in no case shall the redistribution quota be departed from to a greater extent than one - tenth more or one - tenth less.

  (4A)   When applying subsection   (4), the augmented Electoral Commission must treat the matter in subparagraph   (4)(b)(v) as subordinate to the matters in subparagraphs   (4)(b)(i), (ii) and (iv).

  (6)   Until the next following expiration or dissolution of the House of Representatives, the redistribution does not affect the election of a new member to fill a vacancy happening in the House of Representatives.

  (7)   For the purposes of any such election, the Divisions that existed before the redistribution, and the Rolls for those Divisions, continue to have full force and effect, notwithstanding the redistribution and that new Rolls have been prepared for the new Divisions.

  (8)   The augmented Electoral Commission may, when it makes a determination under subsection   (1), make a public announcement as to:

  (a)   the substance of its findings or conclusions concerning the initial objections and any further objections; and

  (b)   its determination.

  (9)   In this section:

"further objection" has the same meaning as in section   72.

"initial objection" has the same meaning as in section   72.