Legislative Council Electoral Boundaries Act 1995

Legislative Council Electoral Boundaries Act 1995

This Act may be cited as the Legislative Council Electoral Boundaries Act 1995.

This Act commences on the day on which it receives the Royal Assent.

In this Act, unless the contrary intention appears – average Council division enrolment means the number of electors ascertained in accordance with section 9(3);Committee means the Redistribution Committee;Council division has the same meaning as in the Electoral Act 2004;Council division quota means the Council division quota determined under section 12;Electoral Commission means the Tasmanian Electoral Commission established under section 6 of the Electoral Act 2004;Electoral Commissioner means the Electoral Commissioner appointed under section 14 of the Electoral Act 2004; electoral division means a Council division; further objection means a comment, suggestion or objection in relation to a redistribution proposal lodged with the Tasmanian Augmented Electoral Commission under section 22(1); further redistribution proposal means a further proposal for redistribution of electoral divisions made by the Tasmanian Augmented Electoral Commission under section 21(1); initial objection means a comment, suggestion or objection in relation to a redistribution proposal lodged with the Tasmanian Augmented Electoral Commission under section 17; initial redistribution proposal means a proposal for redistribution of electoral divisions made by the Redistribution Committee under section 13; public office means the office of the Electoral Commissioner, any office of the Redistribution Committee or the Tasmanian Augmented Electoral Commission or any other office determined by the Committee or the Tasmanian Augmented Electoral Commission to be a public office for the purposes of this Act; Redistribution Committee means the Redistribution Committee appointed under section 4;Tasmanian Augmented Electoral Commission means the Tasmanian Augmented Electoral Commission appointed under section 4.

The definition of "the Governor" in section 43(1) of the Acts Interpretation Act 1931 does not apply to references to the Governor in this Act.

In this section – prescribed period, in relation to an appointment of the Redistribution Committee or the Tasmanian Augmented Electoral Commission, means a period of 60 days after a recommendation by the Electoral Commissioner is given to the Minister under section 10(2).

The Governor may, by notice published in the Gazette during the prescribed period, appoint the Redistribution Committee and the Tasmanian Augmented Electoral Commission for the purposes of this Act.

The notice appointing the Redistribution Committee is to specify – the members and alternate members of the Committee in accordance with sections 5 and 7; and the purposes for which the Committee is appointed; and such period as, in the opinion of the Governor, may be required for the proper performance of the functions of the Committee.

The notice appointing the Tasmanian Augmented Electoral Commission is to specify – the members and alternate members of the Tasmanian Augmented Electoral Commission in accordance with sections 6 and 7; and the purposes for which the Tasmanian Augmented Electoral Commission is appointed; and such period as, in the opinion of the Governor, may be required for the proper performance of the functions of the Tasmanian Augmented Electoral Commission.

If the Governor is of opinion that the period specified in a notice under subsection (3)(c) or (3A)(c) is insufficient to enable the Committee or the Tasmanian Augmented Electoral Commission to perform its functions under this Act, the Governor may, by notice published in the Gazette, extend that period for a further specified period.

Subsection (4) allows an extension of the period specified in a notice under subsection (3)(c) or (3A)(c) on more than one occasion.

On the expiration of the period specified under subsection (3)(c) or (3A)(c) or any further period for which it is extended under subsection (4), the Committee and the Tasmanian Augmented Electoral Commission are taken to be dissolved.

The Redistribution Committee consists of 3 members of whom – one is the Electoral Commissioner who is to be chairperson of the Committee; and one is the Surveyor-General; and one is a person nominated by the Australian Statistician.

Schedule 1 has effect in relation to the meetings of the Committee.

The Tasmanian Augmented Electoral Commission consists of the members of the Redistribution Committee and 2 additional members of whom– one is the chairperson of the Electoral Commission who is to be chairperson of the Tasmanian Augmented Electoral Commission; and the other is the member of the Electoral Commission who is not the chairperson of that Commission or the Electoral Commissioner.

The exercise of the powers of the Tasmanian Augmented Electoral Commission is not affected by reason only of a change or changes in its membership.

Schedule 2 has effect in relation to the meetings of the Tasmanian Augmented Electoral Commission.

For the purposes of this Act – an alternate member is to be appointed for each member of the – Redistribution Committee except the Electoral Commissioner; and Tasmanian Augmented Electoral Commission except those members who are members of the Electoral Commission; and appointments of alternate members are to be made – when the Committee and the Tasmanian Augmented Electoral Commission are first appointed under section 4; and if subsequently there is a vacancy in the office of a member or alternate member, on a request made to the Governor by the Committee or the Tasmanian Augmented Electoral Commission; and an alternate member must have the same qualifications as the member for whom he or she is an alternate or must be acting in, or performing the duties of, that member's office; and

An alternate member is to act as a member of the Redistribution Committee or the Tasmanian Augmented Electoral Commission only if the member for whom he or she is an alternate dies or only while that member– is absent from a meeting of the Committee or the Tasmanian Augmented Electoral Commission; or is incapable of acting as a member.

Where an alternate member acts as a member of the Redistribution Committee or the Tasmanian Augmented Electoral Commission– he or she may exercise all the powers of the member for whom he or she is an alternate member; and all things done or omitted to be done by the alternate member are as valid, and have the same consequences, as if they had been done or omitted to be done by the member for whom he or she is an alternate member.

On the occurrence of a vacancy in the office of a member of the Redistribution Committee or the Tasmanian Augmented Electoral Commission, other than a member of the Electoral Commission, the Governor may, by notice published in the Gazette, appoint a person to that office if the Governor considers that the person is appropriately qualified.

For the purposes of this section, a vacancy in the office of member occurs if the member – dies; or ceases to hold the office by virtue of which he or she was appointed; or becomes incapable of performing the duties of his or her office.

The members of the Redistribution Committee and the Tasmanian Augmented Electoral Commission are, subject to subsection (2), entitled to be paid such sitting fees and travelling and other allowances as the Governor may approve.

A member of the Redistribution Committee or the Tasmanian Augmented Electoral Commission who is a State Service officer or State Service employee is not entitled to be paid sitting fees unless the Governor so approves.

In this section, quarter day means the last day of January, April, July or October in each year.

The Electoral Commissioner must, as soon as practicable after the first redistribution after the commencement of the Parliamentary Reform Act 1998 has effect and after each subsequent quarter day – ascertain, as at that first redistribution or quarter day, the number of electors enrolled in each electoral division; and determine, as at that first redistribution or quarter day– the average Council division enrolment; and the extent to which the number of electors enrolled in each Council division differs from the average Council division enrolment.

The average Council division enrolment is the nearest whole number ascertained by dividing the number of electors enrolled in the State by the number of Council divisions.

A determination under subsection (2) is to be made by an instrument in writing and, as soon as practicable after making it, the Electoral Commissioner must cause a statement specifying the matters ascertained and determined under that subsection to be published on the website of the Electoral Commission.

The Electoral Commissioner must cause the statement referred to in subsection (4) to be available, on request, at the office of the Electoral Commission.

A redistribution of the State into electoral divisions is to commence as soon as practicable after the appointment of the Redistribution Committee under section 4.

If– it appears to the Electoral Commissioner, from a determination published under section 9 at any time after 5 years after a redistribution of the State under this Act, that the number of persons enrolled in respect of 4 or more electoral divisions varies by more than 25% from the average divisional enrolment; or a period of 10 years has elapsed since the appointment of the Redistribution Committee under section 4– the Electoral Commissioner must recommend to the Minister having the administration of the Electoral Act 2004 that the Committee and the Tasmanian Augmented Electoral Commission be re-appointed under section 4 of this Act.

The Minister must cause a copy of any such recommendation to be laid before the Legislative Council within 5 sitting days of that House after he or she receives it.