Commonwealth Electoral Act 1918

Subject to subsection (2G), the Electoral Commissioner shall, as soon as possible after he or she has ascertained, in accordance with section 46, the numbers of the people of the Commonwealth and of the several States and Territories:

determine, in accordance with subsection (2), the number of members of the House of Representatives to be chosen in the several States at a general election; and

determine, in accordance with subsections (2A), (2AA), (2B), (2BA) and (2C), the number of members (if any) of the House of Representatives to be chosen in the several Territories at a general election.

The number of members of the House of Representatives to be chosen in the several States at a general election shall, subject to the Constitution, be determined by the Electoral Commissioner in the following manner:

a quota shall be ascertained by dividing the number of people of the Commonwealth, as ascertained in accordance with section 46, by twice the number of the senators for the States;

the number of members to be chosen in each State shall be determined by dividing the number of people of the State, as ascertained in accordance with section 46, by the quota and, if on such division there is a remainder greater than one‑half of the quota, one more member shall be chosen in the State.

The Electoral Commissioner shall divide the number of people of each Territory, as ascertained in accordance with section 46, by the quota ascertained under paragraph (2)(a) and, subject to subsections (2AA), (2B), (2BA) and (2C), shall determine:

if the result of the division is less than or equal to 0.5—that no member of the House of Representatives be chosen in the Territory at a general election;

if the result of the division is greater than 0.5 and less than 1—that one member of the House of Representatives be chosen in the Territory at a general election; or

if the result of the division is 1 or more, and less than 3—that the number of members to be chosen for the Territory at a general election is the result of the division, rounding the result using the harmonic mean in accordance with subsection (2AA); or

in any other case—that the number of members of the House of Representatives to be chosen in the Territory at a general election is the number ascertained by the division or, if there is a remainder greater than one‑half of the quota, that number increased by one.

For the definition of Territory, see section 38A.

If paragraph (2A)(ba) applies in relation to a Territory, the result of the division under subsection (2A) is to be rounded up if the result is equal to or greater than the amount worked out using the following formula (the harmonic mean):

At least one member of the House of Representatives shall be chosen in the Australian Capital Territory and in the Northern Territory at a general election.

For the definitions of Australian Capital Territory and Northern Territory, see section 38A.

If the Electoral Commissioner determines that, at a general election, no member of the House of Representatives is to be chosen in Norfolk Island, the following provisions have effect:

the ascertainments under section 46, and the determinations under this section, in respect of Norfolk Island, and in respect of the Australian Capital Territory, are taken never to have been made;

Norfolk Island is taken to be part of the Australian Capital Territory;

subject to subsections (2B) and (2G), the Electoral Commissioner must, as soon as possible:

ascertain, under section 46, the number of the people of the Australian Capital Territory; and

determine, under this section, the number of members of the House of Representatives to be chosen in the Australian Capital Territory at a general election.

To avoid doubt, subsection 46(1A) does not apply to the ascertainment of the number of the people of the Australian Capital Territory under subparagraph (2BA)(c)(i) of this section.

Subsection 46(1A) might otherwise require the fresh ascertainment of the number of the people of the Australian Capital Territory under subparagraph (2BA)(c)(i) of this section to be made immediately after the end of the 12 month period referred to in subsection 46(1).

If the Electoral Commissioner determines that, at a general election, no member of the House of Representatives is to be chosen in either or both of the following Territories:

the Territory of Cocos (Keeling) Islands;

the Territory of Christmas Island;

the ascertainments under section 46, and the determinations under this section, in respect of that Territory or those Territories, as the case may be, and in respect of the Northern Territory shall be deemed never to have been made;

that Territory, or those Territories, as the case may be, shall be taken to be part of the Northern Territory;

subject to subsections (2B) and (2G), the Electoral Commissioner shall, as soon as possible:

ascertain, under section 46, the number of the people of the Northern Territory; and

determine, under this section, the number of members of the House of Representatives to be chosen in the Northern Territory at a general election.

To avoid doubt, subsection 46(1A) does not apply to the ascertainment of the number of the people of the Northern Territory under subparagraph (2C)(e)(i) of this section.

Subsection 46(1A) might otherwise require the fresh ascertainment of the number of the people of the Northern Territory under subparagraph (2C)(e)(i) of this section to be made immediately after the end of the 12 month period referred to in subsection 46(1).

The determinations made under subsection (1), and paragraphs (2BA)(c) and (2C)(e), must be made within 1 month after the end of the period of 12 months referred to in subsection 46(1).

Notwithstanding anything contained in any other law, but subject to the Constitution and to section 39B and Part VII of the Judiciary Act 1903, a decision by the Electoral Commissioner made, or purporting to be made, under subsection (1):

is final and conclusive;

shall not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court or tribunal on any ground; and

is not subject to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, in any court on any ground.

A determination under subsection (1) shall be made by instrument in writing.