Commonwealth Electoral Act 1918

An augmented Electoral Commission for a State shall consider all initial objections, initial comments and further objections.

The augmented Electoral Commission shall complete its consideration of the initial objections as soon as is practicable and, in any event, before the expiration of the period of 60 days after the expiration of the period referred to in subsection 69(3).

The augmented Electoral Commission shall hold an inquiry into an objection unless it is of the opinion that:

the matters raised in the objection were raised, or are substantially the same as matters that were raised, in:

suggestions relating to the redistribution lodged with the Redistribution Committee for the State in pursuance of paragraph 64(1)(a); or

comments lodged with the Redistribution Committee in pursuance of paragraph 64(1)(b); or

the objection is frivolous or vexatious.

The augmented Electoral Commission may hold one inquiry into a number of initial objections.

Proceedings before the augmented Electoral Commission at an inquiry into an initial objection shall be held in public.

At an inquiry into an initial objection, submissions in relation to the objection may be made to the augmented Electoral Commission by any person or organisation.

At an inquiry into an initial objection, the augmented Electoral Commission shall consider all of the submissions made to it in relation to the objection.

The augmented Electoral Commission is not bound by the legal rules of evidence and may regulate the conduct of proceedings at an inquiry into an initial objection as it thinks fit.

Without limiting the generality of subsection (8), the manner in which submissions may be made to the augmented Electoral Commission, the time within which submissions may be made to the augmented Electoral Commission and the extent to which the augmented Electoral Commission may be addressed, and the persons by whom it may be addressed, on any submission are within the absolute discretion of the augmented Electoral Commission.

As soon as is practicable after the augmented Electoral Commission has concluded its inquiries into initial objections, it shall:

make a proposed redistribution of the State; and

make a public announcement, in accordance with subsection (12), whether by the issuing of a statement to the media or by some other expeditious means.

Section 66 applies to the making of a proposed redistribution under subsection (10) as if a reference in that section to a Redistribution Committee were a reference to an augmented Electoral Commission.

The public announcement referred to in subsection (10) shall include:

the substance of the findings or conclusions of the augmented Electoral Commission concerning the initial objections and concerning the Redistribution Committee proposal;

the augmented Electoral Commission proposal;

a statement whether, in the opinion of the augmented Electoral Commission, its proposal is significantly different from the Redistribution Committee proposal; and

if, in the opinion of the augmented Electoral Commission, its proposal is significantly different from the Redistribution Committee proposal—a statement to the effect that:

any person or organisation may, before the end of the period of 7 days beginning on the day of the announcement, lodge with the Electoral Commission a written further objection; and

subject to subsection (3), the augmented Electoral Commission will hold an inquiry into a further objection.

If the public announcement made pursuant to subsection (10) includes a statement under paragraph (12)(d):

any person or organisation may, before the end of the period of 7 days beginning on the day of the announcement, lodge with the Electoral Commission a written further objection; and

subject to subsection (3), the augmented Electoral Commission shall hold an inquiry into a further objection; and

the augmented Electoral Commission must complete its inquiry into a further objection as soon as is practicable and, in any event, before the end of the period of 14 days after the end of the period referred to in paragraph (a); and

subsections (3), (4), (5), (6), (7), (8) and (9) apply to an inquiry into a further objection as if the further objection were an initial objection.

In this section: