[pic] Commonwealth Electoral Act 1918 Act No. 27 of 1918 as amended This compilation was prepared on 17 July 2008 taking into account amendments up to Act No. 73 of 2008 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part I-Preliminary 1 1 Short title [see Note 1] 1 2 Commencement [see Note 1] 1 3 Repeal [see Note 2] 1 4 Interpretation 2 4A Extraterritorial operation of Act 9 4B Act to bind Crown 9 4C Registered officer of political party 9 4D Application of the Criminal Code 10 Part II-Administration 11 Division 1-Preliminary 11 5 Interpretation 11 5A Application of Part in relation to Northern Territory 12 Division 2-The Australian Electoral Commission 13 6 Establishment of Commission 13 7 Functions and Powers of Commission 13 7A Supply of goods and services 14 7B Fees for goods and services 16 8 Tenure and terms of office 16 9 Leave of absence 17 10 Resignation 17 11 Disclosure of interests 17 12 Termination of appointment 17 13 Acting Chairperson 17 14 Acting non-judicial appointee 18 14A Remuneration 19 15 Meetings of Commission 20 16 Delegation by Commission 21 17 Reports by the Commission 21 17A Certain particulars not to be included in reports 22 Division 3-Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States 24 18 Electoral Commissioner 24 19 Deputy Electoral Commissioner 24 20 Australian Electoral Officers for States 25 21 Terms and conditions of appointment etc. 25 22 Remuneration 25 23 Leave of absence 26 24 Resignation 26 25 Termination of appointment 26 26 Acting Electoral Commissioner 27 27 Acting Deputy Electoral Commissioner 28 28 Delegation by Electoral Commissioner 29 Division 4-Staff of the Commission 30 29 Staff 30 30 Australian Electoral Officer for the Australian Capital Territory 30 31 Assistant Australian Electoral Officers for States 31 32 Divisional Returning Officers 31 33 Assistant Returning Officers 32 34 Assistant Divisional Returning Officers 32 35 Employment of additional staff, consultants etc. 32 Division 5-Miscellaneous 34 36 Candidates not to be officers 34 37 Keeping of forms 34 38 Offices of Divisional Returning Officers 34 Part III-Representation in the Parliament 35 Division 1AA-Interpretation 35 38A Interpretation 35 Division 1-Choosing of senators for Queensland 36 39 Senators to be directly chosen by people of State etc. 36 Division 2-Representation of the Territories in the Senate 37 40 Representation of the Territories in the Senate 37 41 Powers, privileges and immunities of senator for Territory 38 42 Term of service of senator for Territory 38 43 Time of elections of senators for Territories 38 44 Casual vacancies in places of senators for Territories 38 Division 3-Representation of the States and Territories in the House of Representatives 41 45 Interpretation 41 46 Ascertainment of numbers of people of Commonwealth, States and Territories 41 47 Supply of statistical information by Australian Statistician 42 48 Determination of number of members of House of Representatives to be chosen in States and Territories 43 48A Northern Territory to elect 2 members of the House of Representatives in the next election 47 49 Notification of determination 47 50 Number of members of House of Representatives to be chosen in States and Territories 48 51 Choice of member for Territory 49 53 Powers, privileges and immunities of member for Territory 49 54 Time of elections of members for Territories 49 Part IV-Electoral Divisions 50 55 Interpretation 50 55A Application to Northern Territory 50 56 States and Australian Capital Territory to be distributed into Electoral Divisions 51 56A Certain Territories to be included in same Division 51 57 One member to be chosen for each Electoral Division 51 58 Monthly ascertainment of enrolment etc. 51 59 Times at which redistributions are to commence 52 60 Redistribution Committee 55 62 Proceedings at meetings of Redistribution Committee etc. 58 63 Sub-committees 59 63A Projection time for equality of enrolments 59 64 Suggestions and comments relating to redistribution 60 65 Quota 61 66 Redistribution Committee to make proposed redistribution 61 67 Reasons for proposed redistribution 62 67A Outline of proposed redistribution 62 68 Notice of proposed redistribution 63 69 Objections against proposed redistribution 64 70 Augmented Electoral Commission 65 71 Proceedings at meetings of augmented Electoral Commission etc. 66 72 Consideration of objections 67 73 Redistribution of State or Australian Capital Territory 69 74 Reasons for determination made by augmented Electoral Commission 71 75 Copies of certain documents to be forwarded to Minister 72 76 Mini-redistribution 72 76A Application of section 76 to Northern Territory 77 77 Decisions under Part final etc. 78 78 Improper influence 79 Part V-Subdivisions and polling places 80 79 Subdivisions 80 80 Polling places 80 Part VI-Electoral Rolls 82 81 Electoral Rolls 82 82 Subdivision Rolls, Division Rolls and State and Territory Rolls 82 83 Form of Rolls 82 84 Arrangement with States 82 85 New Rolls to be prepared upon Proclamation 83 86 New Rolls on creation of new Divisions etc. 83 87 Additions etc. to new Rolls 85 88 Objections and notices to have effect in relation to new Rolls 85 89 Printing of Rolls 85 90 Commission to determine manner and form of access to Rolls etc. 85 90A Inspection etc. of Rolls 86 90B Information on Rolls and certified lists of voters to be provided to particular people and organisations 87 91A Use of information from Roll and habitation index 97 91B Prohibition of disclosure or commercial use of Roll or habitation index 99 92 Roll reviews 99 Part VII-Qualifications and disqualifications for enrolment and for voting 101 93 Persons entitled to enrolment and to vote [see Note 3] 101 93A Power to refuse to include in the Roll inappropriate names 103 94 Enrolled voters leaving Australia 103 94A Enrolment from outside Australia 108 95 Eligibility of spouse or child of eligible overseas elector [see Note 4] 110 95AA Norfolk Island electors 115 95AB Presumption about certain Norfolk Island electors 117 95AC Rolls relating to Norfolk Island electors 117 96 Itinerant electors 117 96A Enrolment of prisoners 121 97 Application of Part 121 Part VIII-Enrolment 123 98AA Regulations 123 98 Addition of names to Rolls 123 98A Refusal to include in the Roll inappropriate names 124 99 Claims for enrolment or transfer of enrolment 125 99A Provisional claim for enrolment by applicant for citizenship 126 99B Provisional enrolment by applicant for citizenship 128 100 Claims for age 17 enrolment 130 101 Compulsory enrolment and transfer 130 102 Action on receipt of claim 132 103 Penalty on officer neglecting to enrol claimants 136 104 Request for address not to be shown on Roll 136 105 Alteration of Rolls 138 106 Incorrect enrolment 139 107 Alterations to be initialled 140 108 Lists of deaths to be forwarded 140 109 Lists of convictions to be forwarded 140 110 Officers to act on receipt of information 141 111 Computer records relating to Roll 141 111A Claims may be sent by fax 142 112 Application of Part 142 Part IX-Objections 144 113 Interpretation 144 114 Objection to enrolment 144 115 Form and manner of objection 145 116 Notice of objection 146 117 Answer to objection 146 118 Determination of objection 147 Part X-Review of decisions 149 120 Review by Australian Electoral Officer 149 121 Review by Administrative Appeals Tribunal 152 122 Application of Part 152 Part XI-Registration of political parties 154 123 Interpretation 154 124 Registration of political parties 155 125 Register of Political Parties 155 126 Application for registration 155 127 Party not to be registered during election 156 129 Parties with certain names not to be registered 157 130 Different levels of party may be registered 158 131 Variation of application 158 132 Procedure for dealing with application 159 132A Commission to give reasons for decisions under this Part 160 133 Registration 160 134 Changes to Register 161 134A Objection to continued use of name 164 135 Voluntary deregistration 165 136 Deregistration of party failing to endorse candidates or ceasing to be a Parliamentary party 166 137 Deregistration of political party on other grounds 167 138 Deregistration 168 138A Review of eligibility of parties to remain in the Register 168 139 Inspection of Register 169 140 Service of documents 169 141 Review of certain decisions 170 Part XIII-Writs for elections 173 151 Issue of writs for election of Senators for Territories 173 152 Forms of writs [see Note 5] 173 153 Writs for election of Senators 173 154 Writs for election of members of House of Representatives 174 155 Date for close of Rolls 175 156 Date of nomination 176 157 Date of polling 176 158 Polling to be on a Saturday 176 159 Date of return of writ 176 160 General election to be held on same day 176 161 Application of Part 176 Part XIV-The nominations 177 162 Candidates must be nominated 177 163 Qualifications for nomination [see Note 6] 177 164 State and Territory members not entitled to be nominated 177 165 Multiple nominations prohibited 178 166 Mode of nomination 178 167 To whom nominations made 181 168 Grouping of candidates 182 169 Notification of party endorsement 182 169A Notification of independent candidacy 183 169B Verification of party endorsement 183 169C Combination of requests and nominations 184 170 Requisites for nomination 184 171 Form of consent to act 186 172 Rejection of nominations and requests 186 173 Deposit to be forfeited in certain cases 186 174 Place of nomination 187 175 Hour of nomination 187 176 Declaration of nominations 187 177 Withdrawal of consent to a nomination 189 178 Return of deposit in case of candidate's death 190 179 Proceedings on nomination day 190 180 Death of candidate after nomination 191 181 Failure of election 191 Part XV-Postal voting 193 182 Interpretation 193 183 Grounds of application for postal vote 193 184 Application for postal vote 193 184A Application for registration as general postal voter 194 184AA Application forms for postal votes 196 184B Register of General Postal Voters 196 185 Registration as general postal voter 196 185B Review of Registers 198 185C Cancellation of registration 198 186 Dispatch of postal voting papers to registered general postal voters 199 187 Duty of witness 199 188 Issue of certificate and ballot-papers 200 189 Inspection of applications 201 189A Access to electronic list of postal vote applicants 202 189B Restriction on use or disclosure of information 203 190 Numbering of applications and certificates 204 192 Form of postal vote certificate 205 193 Authorised witnesses 205 194 Postal voting 205 195 Duty of authorised witnesses etc. 207 195A Procedure for dealing with postal vote certificates etc. 208 196 Opening of postal ballot-paper 210 197 Failure to post or deliver postal vote application etc. 210 198 Inducing elector to hand over marked ballot-paper 211 199 Correction of formal errors 211 200 Mistakes 211 Part XVA-Pre-poll voting 212 200A Grounds of application for pre-poll vote 212 200B Pre-poll voting officers 212 200BA Pre-poll voting offices 212 200C Application for pre-poll vote 213 200D Place and time of application 214 200DA Scrutineers at the pre-poll voting office 215 200DB Provisions relating to scrutineers at pre-poll voting office 215 200E Pre-poll voting 216 200F Form of pre-poll vote certificate 217 200G Record of issue of pre-poll voting papers 217 200J Opening of pre-poll voting envelope 218 200K Obligations of persons present when pre-poll vote cast 218 201 Correction of formal errors 219 202 Mistakes 219 Part XVB-Trials of electronic voting methods 220 Division 1-Trial of electronically assisted voting for sight-impaired people 220 202AA Definitions 220 202AB Regulations may provide for voting by an electronically assisted voting method 220 202AC There must be a record of who has voted using the electronically assisted voting method 221 202AD There must be a printed record of the vote 222 202AE How this Act applies in relation to voting using the electronically assisted voting method 222 202AF Minister may decide that electronically assisted voting trial is not to proceed 223 Division 2-Trial of remote electronic voting for defence personnel serving outside Australia 224 202AG Definitions 224 202AH Regulations may provide for remote electronic voting by defence personnel serving outside Australia 224 202AI Regulations must provide for registration of remote electronic voters 225 202AJ There must be a record of who has voted using the remote electronic voting method 226 202AK Transmission of electronic votes to the Electoral Commission and scrutiny of votes 226 202AL How this Act applies in relation to voting using the remote electronic voting method 227 202AM Minister may decide that remote electronic voting trial is not to proceed 227 Part XVI-The polling 228 202A Undertaking by officers and scrutineers 228 203 Arrangements for polling 229 204 Substitute 230 205 Use of licensed premises as polling booth 230 206 Separate voting compartments 230 207 Ballot-boxes 230 208 Certified lists of voters 231 209 Ballot-papers 231 209A Official mark 232 210 Printing of Senate ballot-papers 233 210A Form of party name on ballot-papers 234 211 Group voting tickets 234 211A Individual voting tickets 236 212 Ballot-papers for House of Representatives elections 238 213 Determination of order of names 239 214 Printing of political party names etc. on ballot-papers 241 215 Ballot-papers to be initialled 242 216 Group voting tickets to be displayed 242 217 Scrutineers at the polling 242 218 Provisions relating to scrutineers 243 219 Participation by candidates in conduct of election 243 220 The polling 244 221 Elections at which electors entitled to vote 244 222 Where electors may vote 245 223 Interpretation 245 224 Mobile booths-hospitals that are polling places 246 225 Mobile booths-other hospitals 246 226 Provisions related to sections 224 and 225 248 226A Mobile booths-prisons 250 227 Mobile booths-Remote Divisions 251 228 Forwarding of declaration votes 254 229 Questions to be put to voter 257 230 Errors not to forfeit vote 258 231 Right of elector to receive ballot-paper 258 232 Voters to be recorded 258 233 Vote to be marked in private 259 234 Assistance to certain voters 259 234A Certain voters may vote outside polling place 260 235 Provisional votes 261 238 Spoilt ballot-papers 263 239 Marking of votes in Senate election 264 240 Marking of votes in House of Representatives election 265 240A Temporary suspension of polling 265 241 Adjournment of polling 265 242 Adjournment in other cases 266 243 Voting at adjourned polling 266 244 Arrangement where elections held in some Divisions only 266 245 Compulsory voting 266 Part XVII-Special provisions relating to the polling in Antarctica 271 246 Interpretation 271 247 Antarctic Returning Officers and Assistant Antarctic Returning Officers 272 248 Application of Part XVI to polling in Antarctica 272 249 Antarctic electors 273 250 Arrangements for the polling in Antarctica 274 251 Ballot-papers to be initialled 275 252 Candidates not to take part in polling 275 253 The polling in Antarctica 275 254 Entitlement of Antarctic electors to vote 275 255 Questions to be put to voter at Antarctic station 275 256 Right of Antarctic elector to receive ballot-paper 276 257 List of Antarctic electors to be marked 276 258 Application of sections 233 and 234 276 259 Proceedings by Antarctic Returning Officer on close of poll 276 260 Result of the polling in Antarctica 277 261 Preservation of ballot-papers etc. 278 262 Application of Part 278 Part XVIII-The scrutiny 279 263 Scrutiny 279 264 Scrutineers at scrutiny 279 265 Scrutiny, how conducted 279 266 Preliminary scrutiny of declaration votes 280 267 Action on objections to ballot-papers 281 268 Informal ballot-papers 281 269 Formal votes according to group voting ticket 282 270 Certain votes with non-consecutive numbers to be formal 283 271 Officers not to mark ballot-papers so that voter can be identified 284 272 Senate ballot-papers deemed to be marked according to group voting tickets 284 273 Scrutiny of votes in Senate elections 287 273A Computerised scrutiny of votes in Senate election 298 273B Combination of manual and computer scrutiny permitted 300 274 Scrutiny of votes in House of Representatives elections 301 275 Scrutiny prior to receipt of declaration ballot-papers 306 276 Provisional scrutiny 306 277 Scrutiny for information 306 278 Re-count at Senate elections 307 279 Re-count at House of Representatives elections 307 279A Notice of re-count 307 279B Conduct of re-count 307 280 Powers of officer conducting re-count 309 281 Reservation of disputed ballot-papers 309 282 Re-count of Senate votes to determine order of election in other circumstances 310 Part XIX-The return of the writs 311 283 Return of writ for election of Senators 311 284 Declaration of poll and return of writs for House of Representatives 311 285 Correction of errors 312 286 Extension of time 313 Part XX-Election funding and financial disclosure 314 Division 1-Preliminary 314 287 Interpretation 314 287A Campaign committee to be treated as part of State branch of party 318 287B Designated federal party 319 Division 2-Agents 320 288 Agents of political parties 320 288A Principal agents 320 289 Appointment of agents by candidates and groups 320 290 Requisites for appointment 321 291 Register of Party Agents 322 292 Effect of registration etc. 322 292A Evidence of appointment 323 292B Responsibility for action when agent of party or branch dead or appointment vacant 323 292C Revocation of appointment of agent of candidate or group 323 292D Notice of death or resignation of agent of candidate or group 324 Division 3-Election funding 325 294 General entitlement to funds 325 297 Payment not to be made in certain circumstances 325 299 Making of payments 325 299A Method of making payments 332 300 Death of candidate 334 301 Death of member of group 334 302 Appropriation 335 Division 4-Disclosure of donations 336 303 Interpretation 336 304 Disclosure of gifts 336 305A Gifts to candidates etc. 338 305B Gifts to political parties 340 306 Certain gifts not to be received 342 306A Certain loans not to be received 344 306B Repayment of gifts where corporations wound up etc. 346 307 Nil returns 347 Division 5-Disclosure of electoral expenditure 348 308 Interpretation 348 309 Returns of electoral expenditure 349 311A Annual returns of income and expenditure of Commonwealth Departments 349 313 Nil returns 350 314 Two or more elections on the same day 351 Division 5A-Annual returns by registered political parties and other persons 352 314AA Interpretation 352 314AB Annual returns by registered political parties 352 314AC Amounts received 352 314AE Outstanding amounts 353 314AEA Annual returns by associated entities 354 314AEB Annual returns relating to political expenditure 355 314AEC Annual returns relating to gifts received for political expenditure 356 314AF Returns not to include lists of party membership 357 314AG Regulations 357 Division 6-Miscellaneous 358 314A Interpretation 358 315 Offences 358 315A Recovery of payments 360 316 Investigation etc. 360 317 Records to be kept 365 318 Inability to complete returns 366 319 Non-compliance with Part does not affect election 367 319A Amendment of claims and returns 368 320 Inspection and supply of copies of claims and returns 369 321 Indexation 370 321A Indexation of amounts 371 Part XXI-Electoral offences 373 322 Interpretation 373 323 Officers and scrutineers to observe secrecy 373 324 Officers not to contravene Act etc. 373 325 Officers not to influence vote 373 325A Influencing votes of hospital patients etc. 374 326 Bribery 374 327 Interference with political liberty etc. 375 328 Printing and publication of electoral advertisements, notices etc. 376 328A Publication of electoral advertisements on the Internet 378 329 Misleading or deceptive publications etc. 379 330 False statements in relation to Rolls 379 331 Heading to electoral advertisements 380 334 Depiction etc. of certain electoral matter 380 335 Cards in polling booth 381 336 Signature to electoral paper 381 337 Witnessing electoral papers 382 338 Unlawfully marking ballot-papers 382 339 Other offences relating to ballot-papers etc. 383 340 Prohibition of canvassing near polling booths 384 341 Badges or emblems in polling booths 385 342 Duty of witness to claim 386 343 Failure to transmit claim 386 345 Employers to allow employees leave of absence to vote 386 346 Protection of the official mark 387 347 Disorderly behaviour at meeting 387 348 Control of behaviour at polling booths etc. 388 351 Publication of matter regarding candidates 389 Part XXII-Court of Disputed Returns 392 Division 1-Disputed Elections and Returns 392 352 Interpretation 392 353 Method of disputing elections 392 354 The Court of Disputed Returns 393 355 Requisites of petition 394 356 Deposit as security for costs 395 357 Petition by Electoral Commission 395 358 No proceedings unless requirements complied with 395 359 Right of Electoral Commissioner to be represented 395 360 Powers of Court 396 361 Inquiries by Court 397 362 Voiding election for illegal practices etc. 397 363 Court to report cases of illegal practices 398 363A Court must make its decision quickly 398 364 Real justice to be observed 398 364A Provision for Court to have regard to certain rejected ballot-papers 398 365 Immaterial errors not to vitiate election 398 365A Election not affected by failure of delivery arrangement 399 366 Errors relating to printing of party affiliations 399 367 Evidence that person not permitted to vote 399 367A Disposal of petition where election cannot be decided 400 368 Decisions to be final 400 369 Copies of petition and order of Court to be sent to House affected, Governor-General and Speaker 400 370 Representation of parties before Court 401 371 Costs 401 372 Deposit applicable for costs 401 373 Other costs 401 374 Effect of decision 401 375 Power to make Rules of Court 402 375A Right of Electoral Commission to have access to documents 402 Division 2-Qualifications and vacancies 403 376 Reference of question as to qualification or vacancy 403 377 President or Speaker to state case 403 378 Parties to the reference 403 379 Powers of Court 403 380 Order to be sent to House affected 404 381 Application of certain sections 404 Part XXIII-Miscellaneous 405 381A Extension of time for acts by officers 405 383 Injunctions 405 384 Prosecution of offences 407 385 Certificate evidence 407 385A Evidence of authorship or authorisation of material 408 386 Disqualification for bribery and undue influence 408 387 Electoral matters to be sent free by post 409 387A Service of process by mail 409 388 Averments deemed to be proved 409 389 Defendant may be called upon to give evidence 409 390 Production of claims for enrolment etc. 410 390A Claims for enrolment etc. not to be subject to warrants 410 391 Record of claims for enrolment etc. 410 392 Forms 411 393A Preservation of documents 412 394 No State referendum or vote to be held on polling day 413 395 Regulations 413 Schedule 1-Forms 415 Schedule 2-Grounds of application for postal or pre-poll vote 430 Schedule 3-Rules for the conduct of a preliminary scrutiny of declaration votes 432 Notes 439 An Act to Consolidate and Amend the Law relating to Parliamentary Elections and for other purposes Part I-Preliminary 1 Short title [see Note 1] This Act may be cited as the Commonwealth Electoral Act 1918. 2 Commencement [see Note 1] The several Parts and sections of this Act shall commence on such dates as are respectively fixed by proclamation. 3 Repeal [see Note 2] (1) The several Parts and sections of the following Acts, namely: the Commonwealth Electoral Act 1902, the Commonwealth Electoral Act 1905, the Commonwealth Electoral Act 1906, the Disputed Elections and Qualifications Act 1907, the Commonwealth Electoral Act 1909, the Commonwealth Electoral Act 1911, the Commonwealth Franchise Act 1902, and the Electoral Divisions Act 1903, are repealed as from such dates as are respectively fixed by proclamation. (2) All appointments, divisions, subdivisions, polling places, electoral rolls, regulations, notices, proceedings, and all other matters and things duly appointed, made, commenced, or done under the Acts hereby repealed and in force, current, operative, or pending at the commencement of this Act shall, subject to this Act, be of the same force or effect in all respects as if this Act had been in force when they were so appointed, made, commenced, or done, and they had been respectively appointed, made, commenced, or done hereunder. 4 Interpretation (1) In this Act unless the contrary intention appears: abbreviation of the name of a political party means a shortened version, or an acronym, of the party's name and does not include an alternative name of the party. AFP officer or staff member means: (a) a member or special member of the Australian Federal Police, within the meaning of the Australian Federal Police Act 1979; or (b) a special protective service officer, within the meaning of that Act; or (c) an AFP employee, within the meaning of that Act; or (d) a person assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D of that Act. Antarctic elector means an elector who is entitled under Part XVII to be treated as an Antarctic elector. Approved means approved by the Electoral Commission by notice published in the Gazette. Australia includes: (a) Norfolk Island; and (b) the Territory of Cocos (Keeling) Islands; and (c) the Territory of Christmas Island. Australian Capital Territory includes the Jervis Bay Territory. Australian passport means a passport issued under the Australian Passports Act 2005. capital city office of the Electoral Commission has the meaning given by subsection 90A(3). Census means a Census of the population taken under section 8 of the Census and Statistics Act 1905. certified list of voters, in respect of a Division, means a list prepared and certified under subsection 208(1). child of a person includes: (a) an ex-nuptial child of the person; and (b) a child adopted by the person. Compartment, in relation to a polling booth, means a compartment constructed in the polling booth in pursuance of section 206. Controller-General of Prisons means the Controller-General or other principal officer of a State or Territory having control of the prisons and gaols of the State or Territory. courier service means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner. declaration vote means: (a) a postal vote; (b) a pre-poll vote; (c) an absent vote; or (d) a provisional vote. defence civilian has the same meaning as in the Defence Force Discipline Act 1982. defence member has the same meaning as in the Defence Force Discipline Act 1982. Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19. Division means an Electoral Division for the election of a member of the House of Representatives. DRO means Divisional Returning Officer. Elector means any person whose name appears on a Roll as an elector. Electoral Commission means the Australian Electoral Commission established by section 6. Electoral Commissioner means the Electoral Commissioner referred to in section 18. electoral matter means matter which is intended or likely to affect voting in an election. Eligible overseas elector means an elector who is entitled under section 94 or 95 to be treated as an eligible overseas elector. facsimile, in relation to a nomination paper, means: (a) a copy of a nomination paper that has been reproduced by facsimile telegraphy or any other means; or (b) a copy of a copy referred to in paragraph (a). General election means a general election of the members of the House of Representatives. Hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home. House of Representatives election means an election of a member of the House of Representatives. Immigration Department means the Department administered by the Minister who administers the Migration Act 1958. Issuing point, in relation to a polling booth, means a place within the polling booth at which ballot-papers are issued to persons voting at the booth. Itinerant elector means an elector who is entitled under section 96 to be treated as an itinerant elector. Justice of the Peace means a Justice of the Peace of the Commonwealth, or part of the Commonwealth, or of a State, or part of a State. Northern Territory includes the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island. nursing home means an institution (other than a hospital) in which infirm, ill or disabled persons needing continuing nursing care are provided with accommodation and nursing care. officer includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, an Antarctic Returning Officer, an Assistant Antarctic Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre-poll voting officer, an electoral visitor, a mobile polling team leader and a mobile polling team member. Organization includes: (a) a body corporate; (b) an association or other body of persons; (c) an association that consists of 2 or more organizations within the meaning of the preceding paragraphs; and (d) a part of an organization within the meaning of a preceding paragraph. Part, in relation to an organization, includes: (a) a branch or division of the organization; and (b) a part of a part of the organization. police officer means a member of the Australian Federal Police or of the police force of a State or Territory. Political party means an organization the object or activity, or one of the objects or activities, of which is the promotion of the election to the Senate or to the House of Representatives of a candidate or candidates endorsed by it. Polling booth means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place, in pursuance of paragraph 203(1)(a), for the purpose of taking votes during polling. polling official means a deputy presiding officer or an assistant presiding officer. Polling place means a place appointed as a polling place in pursuance of section 80. pre-poll voting office for an election means a place declared by the Electoral Commission under subsection 200BA(1) to be a pre-poll voting office for the election. pre-poll voting officer means: (a) an Assistant Divisional Returning Officer; or (b) an officer appointed under section 200B. prescribed authority means: (a) the Agency Head of an Agency (within the meaning of the Public Service Act 1999) that is specified in regulations made for the purposes of this definition; or (b) the chief executive officer of an authority of the Commonwealth that is specified in regulations made for the purposes of this definition. provisionally enrolled has the meaning given by subsection (1B). provisional vote means a vote cast under section 235. real place of living includes the place of living to which a person, when temporarily living elsewhere, has a fixed intention of returning for the purpose of continuing to live at that place. Registered medical practitioner means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners. Registered political party means a political party that is registered under Part XI. Register of Political Parties means the Register of Political Parties established under section 125. Registrar-General means the Registrar-General or other Principal Officer of a State who is charged with the duty of registering deaths occurring and marriages celebrated in the State. Returning Officer includes Divisional Returning Officer, Assistant Returning Officer and Assistant Divisional Returning Officer. Roll means an Electoral Roll under this Act. Senate election means an election of Senators for a State or Territory. sentence of imprisonment has the meaning given subsection (1A). Special hospital means a special hospital within the meaning of section 225. spouse, in relation to a person (the relevant person), includes a person who, although not legally married to the relevant person, lives with the relevant person as the spouse of the relevant person on a permanent and bona fide domestic basis. Subdivision means a subdivision of a Division. substitute presiding officer means a person holding an appointment under section 204. Territory means the Australian Capital Territory or the Northern Territory. video recording includes a video recording that is recorded on means other than a videotape. (1A) For the purposes of this Act, a person is serving a sentence of imprisonment only if: (a) the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and (b) that detention is attributable to the sentence of imprisonment concerned. (1B) A person is provisionally enrolled if the person is provisionally enrolled under section 99B. (2) For the purposes of this Act, an organization shall be taken to endorse a candidate in an election if a part of the organization, or an organization of which the first-mentioned organization is a part, endorses the candidate in that election. (3) A reference in this Act to age 17 enrolment shall be read as a reference to enrolment in pursuance of section 100. (4) Where a Division is not divided into Subdivisions, a reference in this Act to a Subdivision shall, in relation to that Division, be read as a reference to that Division. (5) In this Act, unless the contrary intention appears: (a) a reference to a Division shall be read as including a reference to the Northern Territory; and (b) a reference to a Subdivision shall be read as including a reference to a District of that Territory specified in a notice published under subsection 79(1). (5A) If Part IV commences to apply to the Northern Territory in accordance with section 55A, subsection (5) shall, on and from the day of the first determination in relation to the Northern Territory under section 73 or 76 after that commencement, have effect as if: (a) paragraph (a) were omitted; and (b) the words "of that Territory" were omitted from paragraph (b). (6) This Act extends to: (a) Norfolk Island; and (b) the Territory of Cocos (Keeling) Islands; and (c) the Territory of Christmas Island. (7) In relation to a Senate election, a provision of this Act that: (a) provides for the giving of a document to; or (b) confers a power or function on; the Australian Electoral Officer shall be taken to refer to the Australian Electoral Officer for the State or Territory in which the election is to be conducted. (8) In relation to an election of a member of the House of Representatives for a Division, a provision of this Act that: (a) provides for the giving of a document to; or (b) confers a power or function on; the Divisional Returning Officer shall be taken to refer to the Divisional Returning Officer for that Division. (9) Without limiting the generality of the definition of electoral matter in subsection (1), matter shall be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on: (a) the election; (b) the Government, the Opposition, a previous Government or a previous Opposition; (c) the Government or Opposition, or a previous Government or Opposition, of a State or Territory; (d) a member or former member of the Parliament of the Commonwealth or a State or of the legislature of a Territory; (e) a political party, a branch or division of a political party or a candidate or group of candidates in the election; or (f) an issue submitted to, or otherwise before, the electors in connection with the election. (10) In this Act, a reference to the principal office of the Electoral Commission in a place is a reference to the office for the time being declared by the Electoral Commissioner, by notice published in the Gazette, to be the principal office of the Commission in that place. 4A Extraterritorial operation of Act This Act extends to officers outside Australia. 4B Act to bind Crown This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island, but nothing in this Act renders the Crown liable to be prosecuted for an offence. 4C Registered officer of political party (1) Subject to subsection (2), a reference in this Act to the registered officer of a registered political party is a reference to the person shown in the Register of Political Parties as the registered officer of the party. (2) A reference in Part XIV or XVI to the registered officer of a registered political party includes a reference to a person for the time being nominated by the registered officer of a party as a deputy registered officer of the party for the purposes of this Act. (3) A nomination under subsection (2): (a) shall be in writing, signed by the registered officer and lodged with the Commission; (b) shall specify the name and address of the person nominated and bear the signature of that person; and (c) may be revoked at any time by the registered officer by written notice lodged with the Commission. 4D Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II-Administration Division 1-Preliminary 5 Interpretation In this Part: acting Commissioner includes a person acting as the Electoral Commissioner. appointed Commissioner means the Chairperson or the non-judicial appointee. Chairperson means the Chairperson of the Commission. Commission means the Commission established by section 6. Commissioner means a member of the Commission, and includes the Chairperson. electoral matters means matters relating to Parliamentary elections, elections and ballots under the Workplace Relations Act 1996 and referendums. electoral officer means the Electoral Commissioner, the Deputy Electoral Commissioner or an Australian Electoral Officer for a State. eligible Judge means: (a) a Judge, other than the Chief Justice, of the Federal Court of Australia who has been a Judge of that Court for a period of at least 3 years; or (b) a former Judge of that Court who was such a Judge for a period of at least 3 years. non-judicial appointee means the Commissioner referred to in paragraph 6(2)(c). Parliamentary matters includes matters relating to the role and functions of the Parliament. 5A Application of Part in relation to Northern Territory This Part has effect as if a reference to a State included a reference to the Northern Territory. Division 2-The Australian Electoral Commission 6 Establishment of Commission (1) There is established by this section a Commission by the name of the Australian Electoral Commission. (2) The Commission shall consist of: (a) a Chairperson; (b) the Electoral Commissioner; and (c) one other member. (3) The Chairperson and the non-judicial appointee shall be appointed by the Governor-General and shall hold office on a part- time basis. (4) The person appointed as Chairperson shall be a person whose name is included in a list of the names of 3 eligible Judges submitted to the Governor-General for the purposes of this section by the Chief Justice of the Federal Court of Australia. (5) A person shall not be appointed as the non-judicial appointee unless the person is the holder of: (a) an office of Agency Head (within the meaning of the Public Service Act 1999); or (b) an office established by or under an Act and having, in the opinion of the Governor-General, a status equivalent to that of an office referred to in paragraph (a). (6) The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of there being one vacancy in the membership of the Commission. 7 Functions and Powers of Commission (1) The functions of the Commission are: (a) to perform functions that are permitted or required to be performed by or under this Act, not being functions that: (i) a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; or (ii) consist of the appointment of a person to an office; and (b) to consider, and report to the Minister on, electoral matters referred to it by the Minister and such other electoral matters as it thinks fit; and (c) to promote public awareness of electoral and Parliamentary matters by means of the conduct of education and information programs and by other means; and (d) to provide information and advice on electoral matters to the Parliament, the Government, Departments and authorities of the Commonwealth; and (e) to conduct and promote research into electoral matters and other matters that relate to its functions; and (f) to publish material on matters that relate to its functions; and (fa) to provide, in cases approved by the Minister for Foreign Affairs and Trade, assistance in matters relating to elections and referendums (including the secondment of personnel and the supply or loan of materiel) to authorities of foreign countries or to foreign organisations; and (g) to perform such other functions as are conferred on it by or under any law of the Commonwealth. (2) The Commission may perform any of the functions referred to in paragraphs (1)(b) to (f) (inclusive) in conjunction with the electoral authorities of a State, of the Australian Capital Territory or of the Northern Territory. (3) The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions. 7A Supply of goods and services (1) Subject to this section, the Commission may make arrangements for the supply of goods or services to any person or body. The arrangements that may be made by the Commission include an arrangement under which an authorised person enters into an agreement, on behalf of the Commonwealth, for the supply of goods or services to a person or body. For this purpose, authorised person means a person who is authorised in writing by the Commission to enter into agreements under this subsection. (1A) The arrangements the Commission may make under subsection (1) may cover the same matters that may be covered by a section 84 arrangement. (1B) An arrangement under subsection (1) may supplement a section 84 arrangement. (1C) The use by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken to be authorised by law. Note: The effect of this subsection includes (but is not limited to) an authorisation for the purposes of paragraph (1)(c) of Information Privacy Principle 10 in section 14 of the Privacy Act 1988. (1D) To avoid doubt, the disclosure by the Commission of personal information (including information contained in a Roll) for the purposes of conducting an activity (such as a plebiscite) under an arrangement under subsection (1) is taken: (a) to be authorised by law; and (b) not to contravene any provision of this Act. Note: The effect of paragraph (a) includes (but is not limited to) an authorisation for the purposes of paragraph (1)(d) of Information Privacy Principle 11 in section 14 of the Privacy Act 1988. (1E) A law of a State or Territory has no effect to the extent to which the law in any way prohibits a person or body from, or penalises or discriminates against a person or body for: (a) entering into, or proposing to enter into, an arrangement under subsection (1); or (b) taking part in or assisting with, or proposing to take part in or assist with, the conduct of an activity (such as a plebiscite) to which an arrangement under subsection (1) relates. (1F) If the operation of subsection (1E) would, but for this subsection, exceed the legislative powers of the Commonwealth, it is the intention of the Parliament that it operate to the extent that the law of the State or Territory would be inconsistent with Article 19, or paragraph (a) of Article 25, of the International Covenant on Civil and Political Rights. Note: Articles 19 and 25 of the International Covenant on Civil and Political Rights are set out in Schedule 2 to the Human Rights and Equal Opportunity Commission Act 1986. (1G) Subsection (1F) does not limit the operation of section 15A of the Acts Interpretation Act 1901. (2) The Commission may make arrangements for the supply of goods or services only to the extent that it can do so by using: (a) information or materiel in its possession or in the possession of its officers or members of its staff, either under this Act or any other law; or (b) expertise that it has acquired or that has been acquired by its officers or members of its staff, either under this Act or any other law. 7B Fees for goods and services Unless otherwise provided by or under this Act or another Act, reasonable fees may be charged for goods or services supplied under section 7A. 8 Tenure and terms of office (1) Subject to this Division, an appointed Commissioner holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re-appointment. (3) Where: (a) at any time, a person who is the non-judicial appointee holds an office of a kind referred to in paragraph 6(5)(a); (b) the person ceases to be the holder of that office; and (c) the person does not, immediately upon ceasing to hold that office, commence to hold another such office; the person shall cease to be a Commissioner. (4) Where: (a) a person who was appointed as the non-judicial appointee by virtue of holding an office referred to in paragraph 6(5)(b) ceases to hold that office; and (b) the person does not, immediately upon ceasing to hold that office, commence to hold an office of a kind referred to in paragraph 6(5)(a); the person shall cease to be a Commissioner. (5) An appointed Commissioner holds office on such terms and conditions not provided for by this Act as are determined by the Governor-General. 9 Leave of absence The Commission may grant the non-judicial appointee leave of absence from a meeting of the Commission. 10 Resignation An appointed Commissioner may resign by delivering to the Governor-General a signed notice of resignation. 11 Disclosure of interests (1) A Commissioner or an acting Commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Commission. (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission and the Commissioner or acting Commissioner shall not, unless the Minister otherwise determines: (a) be present during any deliberation of the Commission with respect to that matter; or (b) take part in any decision of the Commission with respect to that matter. 12 Termination of appointment If the non-judicial appointee: (a) is absent, except on leave granted by the Commission in accordance with section 9, from 3 consecutive meetings of the Commission; or (b) fails, without reasonable excuse, to comply with his or her obligations under section 11; the Governor-General shall terminate the appointment of the non- judicial appointee. 13 Acting Chairperson (1) The Governor-General may appoint a person to act as Chairperson: (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) The Governor-General may at any time terminate an appointment made under subsection (1). (3) Where a person is acting as Chairperson in accordance with paragraph (1)(b) and the office of Chairperson becomes vacant while that person is so acting, that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. (4) The appointment of a person to act as Chairperson ceases to have effect if the person delivers to the Governor-General a signed notice of resignation. (5) A person acting as Chairperson has, and may exercise, all the powers and shall perform all the functions of the Chairperson. (6) The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had passed. 14 Acting non-judicial appointee (1) The Governor-General may appoint a person to act as the non- judicial appointee: (a) during a vacancy in the office of the non-judicial appointee, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the non-judicial appointee is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) The Governor-General may at any time terminate an appointment made under subsection (1). (3) Where a person is acting as the non-judicial appointee in accordance with paragraph (1)(b) and the office of the non-judicial appointee becomes vacant while that person is so acting, that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. (4) The appointment of a person to act as the non-judicial appointee ceases to have effect if the person delivers to the Governor-General a signed notice of resignation. (5) A person acting as the non-judicial appointee has, and may exercise, all the powers and shall perform all the functions of the non-judicial appointee. (6) The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had passed. 14A Remuneration (1A) This section applies to: (a) a person who is acting as Chairperson or as the non-judicial appointee; or (b) the Chairperson, if he or she is a former Judge of the Federal Court of Australia. (1) A person to whom this section applies is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the person shall be paid such remuneration as is prescribed. (2) The person shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 15 Meetings of Commission (1) The Chairperson may, at any time, convene a meeting of the Commission. (2) The Chairperson shall convene such meetings of the Commission as, in his or her opinion, are necessary for the efficient performance of its functions. (3) At a meeting of the Commission, 2 Commissioners constitute a quorum. (4) The Chairperson shall preside at all meetings of the Commission at which he or she is present. (5) If the Chairperson is not present at a meeting of the Commission, the Commissioners present shall elect one of their number to preside at that meeting. (6) Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present and voting. (7) The person presiding at a meeting of the Commission has a deliberative vote, and, in the event of an equality of votes, also has a casting vote. (8) If, at any meeting of the Commission at which 2 Commissioners only are present, not being a meeting from which a Commissioner is absent by reason of section 11, the Commissioners differ in opinion on any matter, the determination of that matter shall be postponed to a full meeting of the Commission. (9) The Commission may regulate the conduct of proceedings at its meetings as it thinks fit. (10) In this section: (a) a reference to the Chairperson shall, if a person is acting as Chairperson, be construed as a reference to the person so acting; and (b) a reference to a Commissioner shall, if a person is acting as the Chairperson, the non-judicial appointee or the Electoral Commissioner, be construed as including a reference to the person so acting. 16 Delegation by Commission (1) The Commission may by resolution delegate to an appointed Commissioner, an electoral officer or a member of the staff of the Commission all or any of its powers under: (a) this Act, other than its powers under Part IV; or (b) any other law. (2) A certificate signed by the Chairperson stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter. (3) A document purporting to be a certificate under subsection (2) shall, unless the contrary is established, be taken to be such a certificate. 17 Reports by the Commission (1) The Commission shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of the operations of the Commission during the year that ended on that 30 June. (1A) A report under subsection (1) in relation to the operations of the Commission for the year ending on 30 June 2001, and for each subsequent year, must include particulars for that year of: (a) each person or organisation to whom the Commission has provided a copy of a Roll under subsection 91(4A); and (b) in respect of any Roll provided under paragraph 91(4A)(e)-the purpose for which the information was provided. (2) The Commission shall, as soon as practicable after the polling day in: (a) a general election and any Senate election that had the same polling day as that general election; or (b) a Senate election (other than a Senate election referred to in paragraph (a)); prepare and furnish to the Minister a report of the operation of Part XX in relation to that election or those elections. (2A) A report under subsection (2) in relation to an election must include a list of the names of all persons who, in the opinion of the Commission, are or may be required to furnish a return under subsection 305A(1) or (1A) in relation to that election. (2B) The Commission may prepare and furnish to the Minister, otherwise than under subsection (2), such reports on the operation of Part XX as the Commission thinks appropriate. (2C) Subject to section 17A, the Commission must include in any report under this section particulars of the operation of subsection 316(2A) since the preparation of the last report under this section that included particulars of the operation of that subsection. (3) Section 34C of the Acts Interpretation Act 1901 does not apply in relation to a report under subsection (2). (4) The Minister shall cause a copy of a report furnished under subsection (1), (2) or (2B) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report. (5) A report under this section need not include particulars of a matter if those particulars have been included in an earlier report under this section. 17A Certain particulars not to be included in reports (1) A report under section 17 must not include particulars of any information given in evidence or contained in documents or other things produced in compliance with a notice under subsection 316(2A), being a notice served on a prescribed person or an officer of a prescribed person, unless, in the opinion of the Electoral Commission, the information relates to an offence that has, or may have been, committed against section 315. (2) In this section: prescribed person means a person whose name is included in a list in a report mentioned in subsection 17(2A). Division 3-Electoral Commissioner, Deputy Electoral Commissioner and Australian Electoral Officers for States 18 Electoral Commissioner (1) There shall be an Electoral Commissioner. (2) The Electoral Commissioner shall be the chief executive officer of the Commission and shall have such other functions, and such powers, as are conferred upon him or her by or under any law of the Commonwealth. (3) The Electoral Commissioner may give written directions to officers with respect to the performance of their functions, and the exercise of their powers, under this Act. 19 Deputy Electoral Commissioner (1) There shall be a Deputy Electoral Commissioner. (2) The Deputy Electoral Commissioner shall perform such duties as the Electoral Commissioner directs. (3) Subject to subsection (4), the Deputy Electoral Commissioner shall act as the Electoral Commissioner: (a) during a vacancy in the office of the Electoral Commissioner, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office. (4) The Deputy Electoral Commissioner shall not act as the Electoral Commissioner during a vacancy in the office of Electoral Commissioner while a person appointed under section 26 is acting in that office. (5) A person acting as the Electoral Commissioner has, and may exercise, all the powers and shall perform all the functions of the Electoral Commissioner. 20 Australian Electoral Officers for States (1) There shall be an Australian Electoral Officer for each State who shall, subject to the directions of the Electoral Commissioner, be the principal electoral officer in the State. (2) An Australian Electoral Officer for a State shall have such other functions, and such powers, as are conferred on him or her by any law of the Commonwealth or of a Territory. (3) An Australian Electoral Officer for a State may, subject to any directions given by the Electoral Commissioner, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the State. 21 Terms and conditions of appointment etc. (1) An electoral officer shall be appointed by the Governor- General. (2) Subject to this Act, an electoral officer holds office for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re-appointment. (4) An electoral officer holds office on such terms and conditions not provided for by this Act as are determined by the Governor- General. 22 Remuneration (1) An electoral officer shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, the officer shall be paid such remuneration as is prescribed. (2) An electoral officer shall be paid such allowances (if any) as are prescribed. (3) This section has effect subject to the Remuneration Tribunals Act 1973. 23 Leave of absence (1) An electoral officer has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Commission may grant an electoral officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission determines. 24 Resignation An electoral officer may resign by delivering to the Governor- General a signed notice of resignation. 25 Termination of appointment (1) The Governor-General may terminate the appointment of an electoral officer by reason of misbehaviour or physical or mental incapacity. (2) If an electoral officer: (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; (b) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) engages in paid employment outside the duties of his or her office without the approval of the Commission; the Governor-General shall terminate the appointment of the electoral officer. (3) If the Electoral Commissioner, or the Deputy Electoral Commissioner while acting as the Electoral Commissioner, fails, without reasonable excuse, to comply with his or her obligations under section 11, the Governor-General shall terminate his or her appointment as Electoral Commissioner or Deputy Electoral Commissioner, as the case may be. 26 Acting Electoral Commissioner (1) The Governor-General may appoint a person to act as the Electoral Commissioner: (a) during a vacancy in the office of the Electoral Commissioner, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when: (i) the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; and (ii) no person is acting as the Electoral Commissioner by virtue of holding the office of, or acting as, the Deputy Electoral Commissioner; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) The Governor-General may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting under subsection (1); and (b) at any time terminate an appointment made under subsection (1). (3) Where a person is acting as the Electoral Commissioner in accordance with paragraph (1)(b) and the office of the Electoral Commissioner becomes vacant while that person is so acting, that person may continue so to act until the Governor-General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. (4) The appointment of a person to act as the Electoral Commissioner ceases to have effect if the person delivers to the Governor-General a signed notice of resignation. (5) A person acting as the Electoral Commissioner has, and may exercise, all the powers and shall perform all the functions of the Electoral Commissioner. (6) The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had passed. 27 Acting Deputy Electoral Commissioner (1) The Governor-General may appoint a person to act as the Deputy Electoral Commissioner: (a) during a vacancy in the office of the Deputy Electoral Commissioner, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Deputy Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (2) The Governor-General may: (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting under subsection (1); and (b) at any time terminate an appointment made under subsection (1). (3) Where a person is acting as the Deputy Electoral Commissioner in accordance with paragraph (1)(b) and the office of the Deputy Electoral Commissioner becomes vacant while that person is so acting, that person may continue so to act until the Governor- General otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. (4) The appointment of a person to act as the Deputy Electoral Commissioner ceases to have effect if the person delivers to the Governor-General a signed notice of resignation. (5) A person acting as the Deputy Electoral Commissioner has, and may exercise, all the powers and shall perform all the functions of the Deputy Electoral Commissioner. (6) The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had passed. 28 Delegation by Electoral Commissioner The Electoral Commissioner may by signed instrument delegate to the Deputy Electoral Commissioner or an Australian Electoral Officer for a State or Territory all or any of the powers of the Electoral Commissioner under this Act, other than the powers conferred by Parts III and IV. Division 4-Staff of the Commission 29 Staff (1) Subject to subsection (2), the staff of the Commission shall consist of: (a) persons engaged under the Public Service Act 1999 (including such persons holding offices established by this Division); and (b) persons employed or engaged by the Commission under this Division. (2) For the purposes of the Public Service Act 1999: (a) the Electoral Commissioner and the APS employees assisting the Electoral Commissioner together constitute a Statutory Agency; and (b) the Electoral Commissioner is the Head of that Statutory Agency. 30 Australian Electoral Officer for the Australian Capital Territory (1) The Commission shall, for the purposes of each election, appoint an Australian Electoral Officer for the Australian Capital Territory and such an appointment shall terminate upon the completion of the election. (2) The Commission may appoint a person to act as Australian Electoral Officer for the Australian Capital Territory during any period, or during all periods, when the Australian Electoral Officer for the Territory is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office. (3) The appointment of a person to act as Australian Electoral Officer for the Australian Capital Territory ceases to have effect if the person delivers to the Commission a signed notice of resignation. (4) A person acting as Australian Electoral Officer for the Australian Capital Territory has, and may exercise, all the powers and shall perform all the functions of the Australian Electoral Officer for the Territory. (5) The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had passed. 31 Assistant Australian Electoral Officers for States (1) The Commission shall appoint an Assistant Australian Electoral Officer for each State. (2) An Assistant Australian Electoral Officer for a State shall assist the Australian Electoral Officer for the State. (3) An Assistant Australian Electoral Officer for a State shall act as Australian Electoral Officer for the State: (a) during a vacancy in the office of Australian Electoral Officer for the State, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Australian Electoral Officer for the State is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office. (4) A person acting as Australian Electoral Officer for the Australian Capital Territory has, and may exercise, all the powers and shall perform all the functions of the Australian Electoral Officer for the State. 32 Divisional Returning Officers (1) There shall be a Divisional Returning Officer for each Division, who shall be charged with the duty of giving effect to this Act within or for the Division subject to the directions of the Electoral Commissioner and the Australian Electoral Officer for the State or, if the Division is, or is part of, the Australian Capital Territory, the directions of the Electoral Commissioner. (2) A Divisional Returning Officer for a Division may, subject to any directions given by the Electoral Commissioner and, if the Division is part of a State, the Australian Electoral Officer for the State, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the Division. 33 Assistant Returning Officers (1) The Commission may, for the purposes of a particular election, appoint a person to be an Assistant Returning Officer: (a) for a portion of a Division; or (b) at a place outside Australia; and any such appointment shall terminate upon the completion of the election. (2) A person appointed to be an Assistant Returning Officer for a portion of a Division may, subject to the control of the Divisional Returning Officer, perform the functions and exercise the powers of the Divisional Returning Officer (other than those relating to postal voting) in, or in relation to, that portion of the Division. (3) A person appointed to be an Assistant Returning Officer at a place outside Australia may, subject to the control of the Electoral Commissioner, perform such functions and exercise such powers as are conferred on the person by this Act. 34 Assistant Divisional Returning Officers (1) A person may be appointed to be an Assistant Divisional Returning Officer for a Subdivision. (2) The Electoral Commissioner may appoint an Assistant Divisional Returning Officer for a District referred to in subsection 79(2). (3) A person appointed to be an Assistant Divisional Returning Officer for a Subdivision may, subject to the control of the Divisional Returning Officer for the Division in which the Subdivision is situated, perform the functions and exercise the powers of the Divisional Returning Officer in relation to that Subdivision. 35 Employment of additional staff, consultants etc. (1) The Commission may, on behalf of the Commonwealth, employ, under agreements in writing: (a) such temporary staff as the Commission thinks necessary for the purposes of: (i) the conduct of an election, referendum, ballot or Roll review; or (ii) the conduct of education and information programs referred to in paragraph 7(1)(c); and (b) such senior executive staff as the Commission thinks necessary to assist the Commission in the performance of its functions and otherwise for the purposes of this Act. (2) The Commission may, on behalf of the Commonwealth, engage, under agreements in writing, persons having suitable qualifications and experience as consultants to, or to perform services for, the Commission. (3) The terms and conditions of employment of persons employed under subsection (1) are such as are from time to time determined by the Commission. (4) The terms and conditions of engagement of persons engaged under subsection (2) are such as are from time to time determined by the Commission. Division 5-Miscellaneous 36 Candidates not to be officers No candidate shall be appointed an officer, and an officer who becomes a candidate shall thereby vacate his or her office. 37 Keeping of forms All Divisional Returning Officers and Assistant Divisional Returning Officers shall keep forms of claim for enrolment and transfer and such other forms as are prescribed, and shall without fee supply them to the public and assist the public in their proper use. 38 Offices of Divisional Returning Officers (1) The office of a Divisional Returning Officer must be located within the Division, unless the Minister has given written authority for the office not to be so located. (2) However, subsection (1) does not apply if: (a) the office was located within a Division, but immediately after a redistribution of the State or Territory that includes the Division, the office is no longer located within the Division; and (b) either: (i) within a reasonable time, the Electoral Commissioner seeks written authority for the office not to be located within the Division; or (ii) the office is currently being relocated within the Division. (3) A written authority given under subsection (1) is not a legislative instrument. Part III-Representation in the Parliament Division 1AA-Interpretation 38A Interpretation In this Part, unless the contrary intention appears: Northern Territory does not include the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island. Territory means the Australian Capital Territory, the Northern Territory or an external territory other than Norfolk Island. Division 1-Choosing of senators for Queensland 39 Senators to be directly chosen by people of State etc. (1) Senators for the State of Queensland shall be directly chosen by the people of the State voting as one electorate. (2) The Parliament of the State of Queensland may not make laws pursuant to section 7 of the Constitution dividing the State into divisions and determining the number of senators to be chosen for each division. Division 2-Representation of the Territories in the Senate 40 Representation of the Territories in the Senate (1) Subject to subsection (2), the Australian Capital Territory and the Northern Territory shall each be represented in the Senate by 2 senators for the Territory directly chosen by the people of the Territory voting as one electorate. (2) Where the number of members of the House of Representatives to be chosen in the Australian Capital Territory or the Northern Territory at a general election is 6 or more, that Territory shall, on and from the day of the general election, be represented in the Senate by one senator for every 2 members of the House of Representatives to be chosen in that Territory. (3) Where the number of members of the House of Representatives to be chosen in the Australian Capital Territory or the Northern Territory at a general election is an odd number, subsection (2) applies as if the number were reduced by one. (4) Subject to subsection (5), a Territory (other than the Australian Capital Territory and the Northern Territory) is not entitled to separate representation in the Senate. (5) Where 2 or more members of the House of Representatives are to be chosen in a Territory (other than the Australian Capital Territory or the Northern Territory) at a general election, that Territory shall, on and from the day of the general election, be represented in the Senate by one senator for every 2 members of the House of Representatives to be chosen in that Territory. (6) Where the number of members of the House of Representatives to be chosen in a Territory (other than the Australian Capital Territory or the Northern Territory) at a general election is an odd number, subsection (5) applies as if the number were reduced by one. (7) Until the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island becomes entitled to separate representation in the Senate under subsection (5), this section has effect as if the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island, as the case may be, were a part of the Northern Territory. 41 Powers, privileges and immunities of senator for Territory (1) A senator for a Territory has all the powers, privileges and immunities of a senator for a State and: (a) shall be included in the whole number of the senators for the purpose of ascertaining the number of senators necessary to constitute a meeting of the Senate for the exercise of its powers and, if present, shall be counted for the purpose of determining whether the necessary number of senators are present; and (b) has a vote on all questions arising in the Senate. (2) The provisions contained in sections 16, 19 and 20 and sections 42 to 48 (inclusive) of the Constitution, to the extent (if any) to which they do not apply, by virtue of the Constitution, in relation to a senator for a Territory, apply, by force of this subsection, in relation to such a senator in the same way as they apply in relation to a senator for a State. 42 Term of service of senator for Territory The term of service of a senator for a Territory commences on the day of his or her election and expires at the close of the day immediately before the polling day for the next general election. 43 Time of elections of senators for Territories An election of the senators for each Territory shall be held at the same time as each general election. 44 Casual vacancies in places of senators for Territories (1) If the place of a Senator for the Australian Capital Territory becomes vacant before the expiration of his or her term of service, the Legislative Assembly for the Australian Capital Territory shall choose a person to hold the place until the expiration of the term, but if the Legislative Assembly is not in session when the vacancy is notified, the Chief Minister for the Australian Capital Territory may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Legislative Assembly or the expiration of the term, whichever first happens. (2) If the place of a senator for the Northern Territory becomes vacant before the expiration of his or her term of service, the Legislative Assembly of the Territory shall choose a person to hold the place until the expiration of the term, but if the Legislative Assembly is not in session when the vacancy is notified, the Administrator of the Territory, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Legislative Assembly or the expiration of the term, whichever first happens. (2A) If the place of a senator for a Territory other than the Northern Territory or the Australian Capital Territory becomes vacant before the expiration of his or her term of service, the members of the Senate and the House of Representatives, sitting and voting together at a joint sitting convened by the Governor- General, shall choose a person to hold the place until the expiration of the term, but if the Parliament is not in session when the vacancy is notified, the Governor-General may appoint a person to hold the place until the expiration of 14 days from the beginning of the next session of the Parliament or the expiration of the term, whichever first happens. (3) Where a vacancy has at any time occurred in the place of a senator chosen by the people of a Territory and, when chosen, the senator was publicly recognized by a particular political party as being an endorsed candidate of that party and publicly represented himself or herself to be such a candidate, a person chosen or appointed under this section in consequence of that vacancy, or in consequence of that vacancy and a subsequent vacancy or vacancies, shall, unless there is no member of that party available to be chosen or appointed, be a member of that party. (4) Where: (a) in accordance with subsection (3), a person who is a member of a particular political party is chosen or appointed to hold the place of a senator whose place had become vacant; and (b) before commencing to hold the place, the person ceases to be a member of that party (otherwise than by reason of the party having ceased to exist); the person shall be deemed not to have been so chosen or appointed and the vacancy shall be again notified in accordance with subsection (5). (5) Whenever the place of a senator for a Territory becomes vacant before the expiration of his or her term of service: (a) in the case of a senator for the Australian Capital Territory- the President of the Senate shall notify the Chief Minister for the Australian Capital Territory of the vacancy; (b) in the case of a senator for the Northern Territory-the President of the Senate shall notify the Administrator of the Northern Territory of the vacancy; and (c) in the case of a senator for a Territory other than the Northern Territory or the Australian Capital Territory-the President of the Senate shall notify the Governor-General of the vacancy. (6) The name of any senator chosen or appointed under subsection (1) or (2) shall be certified by the Chief Minister for the Australian Capital Territory or the Administrator of the Northern Territory, as the case may be, to the Governor-General. (6A) The name of any senator chosen by the members of the Senate and the House of Representatives under subsection (2A) shall be certified by the President of the Senate to the Governor-General. (7) Except in so far as the contrary intention appears in this section, an expression that is used in this section and in section 15 of the Constitution has, in this section, the same meaning as in section 15 of the Constitution. Division 3-Representation of the States and Territories in the House of Representatives 45 Interpretation (1) In this Division, people of the Commonwealth does not include the people of any Territory that is referred to in section 122 of the Constitution. (2) For the avoidance of doubt, a resident of Norfolk Island who is one of the people of a State for the purposes of sections 7 and 24 of the Constitution is not one of the people of Norfolk Island for the purposes of subsection (1). 46 Ascertainment of numbers of people of Commonwealth, States and Territories (1) If a House of Representatives has continued for a period of 12 months after the day of the first meeting of that House, the Electoral Commissioner must ascertain the number of the people of each of the following: (a) the Commonwealth; (b) each of the States; (c) the Australian Capital Territory; (d) the Northern Territory; (e) the Territory of Cocos (Keeling) Islands; (f) the Territory of Christmas Island; (g) each of the other Territories. (1A) The Electoral Commissioner must ascertain the numbers under subsection (1) on: (a) the first day (the reference day) after the end of the period of 12 months referred to in that subsection; or (b) if the reference day is a Saturday, a Sunday or a public holiday in the Australian Capital Territory-the next day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory. (1B) The Electoral Commissioner must ascertain the numbers under subsection (1) using the statistics for the following populations that the Australian Statistician has, most recently before the reference day, compiled and published in a regular series under the Census and Statistics Act 1905: (a) the population of each State; (b) the population of the Australian Capital Territory (not including the Jervis Bay Territory); (c) the population of the Northern Territory; (d) the population of the Jervis Bay Territory; (e) the population of the Territory of Cocos (Keeling) Islands; (f) the population of the Territory of Christmas Island; (g) the population of each of the other Territories. (1C) The reference in subsection (1B) to statistics being published includes a reference to statistics being published electronically or in an electronic format. (2) People on the Roll of electors for a Territory because of subsection 95AA(3) are people of that Territory for the purposes of subsection (1) of this section. 47 Supply of statistical information by Australian Statistician (1) The Australian Statistician must, on request by the Electoral Commissioner, supply the Electoral Commissioner with: (a) the statistics referred to in subsection 46(1B); and (b) the following information in relation to each of the Australian Capital Territory and the Northern Territory: (i) the Australian Statistician's estimate of the net undercount for that Territory at the last Census; (ii) the standard error of the measure of that estimate of the net undercount; (iii) the upper and lower limits of the 95% confidence interval for the measure of that estimate of the net undercount; and (c) any other statistical information that the Electoral Commissioner requires for the purposes of this Division. (2) For the purposes of this section: (a) the standard error of the measure of the estimate of the net undercount for a Territory at the last Census is the standard error estimate of the sampling error of the estimate of the net undercount as determined by the Australian Statistician; and (b) the upper limit of the 95% confidence interval for the measure of the estimate of the net undercount for a Territory at the last Census is the Australian Statistician's estimate of the net undercount increased by a number equal to twice the standard error of the measure of that estimate of the net undercount; and (c) the lower limit of the 95% confidence interval for the measure of the estimate of the net undercount for a Territory at the last Census is the Australian Statistician's estimate of the net undercount less a number equal to twice the standard error of the measure of that estimate of the net undercount; and (d) the Australian Statistician is to determine the following as population numbers (rather than as percentages or factors): (i) the Australian Statistician's estimate of the net undercount for a Territory at the last Census; (ii) the standard error of the measure of that estimate of the net undercount. 48 Determination of number of members of House of Representatives to be chosen in States and Territories (1) 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: (a) 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 (b) determine, in accordance with subsections (2A), (2B), (2C) and (2F), the number of members (if any) of the House of Representatives to be chosen in the several Territories at a general election. (2) 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) 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; (b) 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. (2A) 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 (2B), (2C) and (2F), shall determine: (a) 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; (b) if the result of the division is greater than 0.5 and less than or equal to 1.5-that one member of the House of Representatives be chosen in the Territory at a general election; or (c) 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. (2B) 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. (2C) Subject to subsection (2F), 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: (a) the Territory of Cocos (Keeling) Islands; (b) the Territory of Christmas Island; the following provisions shall have effect: (c) 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; (d) that Territory, or those Territories, as the case may be, shall be taken to be part of the Northern Territory; (e) subject to subsection (2G), the Electoral Commissioner shall, as soon as possible: (i) ascertain, under section 46, the number of the people of the Northern Territory; and (ii) determine, under this section, the number of members of the House of Representatives to be chosen in the Northern Territory at a general election. (2D) 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. Note: 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). (2E) This subsection applies if: (a) apart from this subsection and subsection (2F), the result of dividing the number of the people of the Australian Capital Territory or the Northern Territory, as ascertained in accordance with section 46, by the quota ascertained under paragraph (2)(a) is: (i) a whole number (the relevant whole number); and (ii) a remainder that is less than or equal to one-half of that quota; and (b) the difference between: (i) the number obtained by multiplying that quota by the sum of the relevant whole number and one-half; and (ii) the number of the people of the Territory, as ascertained in accordance with section 46; is less than or equal to twice the standard error of the measure of the Australian Statistician's estimate of the net undercount for that Territory at the last Census. (2F) If subsection (2E) applies to the Australian Capital Territory or the Northern Territory: (a) the determination made under subsection (1) in accordance with: (i) subsection (2A); or (ii) subparagraph (2C)(e)(ii); in respect of that Territory is taken never to have been made; and (b) the number of the people of that Territory, as ascertained in accordance with section 46, is taken to be increased by a number equal to twice the standard error referred to in paragraph (2E)(b); and (c) subject to subsection (2G), the Electoral Commissioner must, as soon as possible, determine under this section the number of members of the House of Representatives to be chosen in that Territory at a general election. Note: In certain circumstances, the number of the people of the Northern Territory will have been re-ascertained in accordance with section 46 because of the operation of subsection (2C). (2G) The determinations made under subsection (1), and paragraphs (2C)(e) and (2F)(c), must be made within 1 month after the end of the period of 12 months referred to in subsection 46(1). (3) 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): (a) is final and conclusive; (b) shall not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court or tribunal on any ground; and (c) is not subject to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, in any court on any ground. (4) A determination under subsection (1) shall be made by instrument in writing. (5) In this section: standard error of the measure of the Australian Statistician's estimate of the net undercount for a Territory in the last Census means the standard error estimate of the sampling error for that estimate of the net undercount that the Australian Statistician supplies to the Electoral Commissioner under paragraph 47(1)(b). 48A Northern Territory to elect 2 members of the House of Representatives in the next election (1) The determination made by the Electoral Commissioner under subsection 48(1) on 19 February 2003 (the 2003 determination) is set aside, on and from the day on which this section commences (the commencement day), to the extent to which that determination relates to the Northern Territory. (2) To avoid doubt: (a) for the purposes of section 50, the number of members of the House of Representatives to be chosen in the Northern Territory at a general election that is held: (i) on or after the commencement day; and (ii) before the first determination that is made by the Electoral Commissioner under subsection 48(1) after the commencement day; is to be in accordance with the determination made by the Electoral Commissioner under subsection 48(1) most recently before the 2003 determination; and (b) for the purposes of section 86, 2 new Divisions are taken to be created for the Northern Territory on the commencement day. Note 1: The 2003 determination specified that there would be 1 member of the House of Representatives to be chosen in the Northern Territory at a general election. Note 2: The determination the Electoral Commissioner made under subsection 48(1) most recently before the 2003 determination was the determination made on 9 December 1999. That determination specified that there would be 2 members of the House of Representatives to be chosen in the Northern Territory at a general election. 49 Notification of determination (1) The Electoral Commissioner shall, forthwith after he or she has determined, in accordance with section 48, the number of members of the House of Representatives to be chosen in the several States and Territories at a general election: (a) forward to the Minister a certificate setting out: (i) the number, ascertained under section 46, of the people of each of the following: (A) the Commonwealth; (B) each of the States; (C) the Australian Capital Territory; (D) the Northern Territory; (E) the Territory of Cocos (Keeling) Islands; (F) the Territory of Christmas Island; (G) each of the other Territories; and (ii) the number of members of the House of Representatives so determined by him or her; and (iii) details of any adjustments that were made to the statistical information supplied by the Australian Statistician in arriving at the numbers referred to in subparagraph (i) in order to give effect to the provisions of this Division; and (iv) any calculations involved in arriving at those numbers, making those adjustments or determining the number of members of the House of Representatives to be chosen in a State or Territory at a general election; and (b) cause a copy of the certificate to be published forthwith in the Gazette. Note: Subparagraph (a)(iii)-Adjustments may be necessary to give effect, for example, to the subsection 4(1) definition of the Australian Capital Territory, to subsection 45(2), to subsection 46(2) or to subsection 48(2C) or (2F). (1A) The certificate must be published in the Gazette within 1 month after the end of the period of 12 months referred to in subsection 46(1). (2) The Minister shall cause copies of the certificate to be laid before each House of the Parliament within 5 sitting days of that House after receiving the certificate. 50 Number of members of House of Representatives to be chosen in States and Territories The number of members of the House of Representatives to be chosen in each State and Territory at a general election shall be in accordance with the last determination made under subsection 48(1) before that general election. 51 Choice of member for Territory Subject to subsection 95AA(3), a member of the House of Representatives representing a Territory shall be directly chosen by the people of the Territory. 53 Powers, privileges and immunities of member for Territory (1) A member of the House of Representatives chosen in a Territory has all the powers, privileges and immunities of a member of the House of Representatives chosen in a State and: (a) shall be included in the whole number of the members of the House of Representatives for the purpose of ascertaining the number of members necessary to constitute a meeting of the House for the exercise of its powers and, if present, shall be counted for the purpose of determining whether the necessary number of members are present; and (b) has a vote on all questions arising in the House. (2) The provisions contained in sections 32, 33, 37 and 38 and sections 42 to 48 (inclusive) of the Constitution, to the extent (if any) to which they do not apply, by virtue of the Constitution, in relation to a member of the House of Representatives chosen in a Territory, apply, by force of this subsection, in relation to such a member in the same way as they apply in relation to a member of the House of Representatives chosen in a State. 54 Time of elections of members for Territories An election of the members of the House of Representatives to be chosen in a Territory shall be held at the same time as each general election. Part IV-Electoral Divisions 55 Interpretation (1) In this Part: average divisional enrolment, in relation to a State or the Australian Capital Territory, means: (a) subject to paragraph (b), the number ascertained by dividing the number of electors enrolled in the State or Territory by the number of Divisions into which the State or Territory is for the time being distributed; or (b) in a case where the number ascertained in accordance with paragraph (a) 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. Territory means the Australian Capital Territory. (2) A person: (a) whose name has been placed on a Roll in pursuance of a claim made under section 100; and (b) who has not attained 18 years of age; shall be taken, for the purposes of this Part, not to be an elector. 55A Application to Northern Territory If, under subsection 48(2A), the Electoral Commissioner determines that the number of members of the House of Representatives to be chosen in the Northern Territory at a general election is 2 or a greater number, this Part shall, on and from the making of the determination, apply to the Northern Territory as if: (a) a reference to a State included a reference to the Northern Territory; and (b) a reference to a determination under subsection 48(1) were a reference to a determination under subsection 48(2A). 56 States and Australian Capital Territory to be distributed into Electoral Divisions Each State and the Australian Capital Territory shall be distributed into Electoral Divisions. 56A Certain Territories to be included in same Division Until the Electoral Commissioner, under subsection 48(2A), determines that a member of the House of Representatives be chosen in the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island at a general election, any distribution or redistribution of the Northern Territory into electoral divisions under this Act shall be such that those territories are included in the same Division. 57 One member to be chosen for each Electoral Division One member of the House of Representatives shall be chosen for each Electoral Division. 58 Monthly ascertainment of enrolment etc. (1) The Electoral Commissioner shall, forthwith after the end of each month: (a) ascertain, in respect of each State and the Australian Capital Territory, 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 and the Australian Capital Territory, as at the close of that day in the month: (i) the average divisional enrolment; and (ii) the extent to which the number of electors enrolled in each Division differs from the average divisional enrolment; and (c) cause a statement setting out the matters so ascertained and determined to be published forthwith in the Gazette. (2) Nothing in subsection (1) shall be taken to require a determination under that subsection to be made in respect of the several States and the Australian Capital Territory as at the close of the same day in a month. (3) A determination under subsection (1) shall be made by instrument in writing. 59 Times at which redistributions are to commence (1) A redistribution of a State or the Australian Capital Territory into Divisions shall commence whenever the Electoral Commission so directs by notice published in the Gazette. (2) Subject to subsections (3) and (5), a direction under subsection (1) shall be made in relation to a State: (a) forthwith after the making of a determination under subsection 48(1) that results in an alteration of the number of members of the House of Representatives to be chosen in the State at a general election; (b) whenever it appears to the Electoral Commission, from statements published under subsection 58(1), that more than one- third of the Divisions in the State are, and have, for a period of more than 2 months, been, malapportioned Divisions; and (c) if a period of 7 years after the day on which the State was last distributed into Electoral Divisions by a determination under subsection 73(1) expires, within 30 days after the expiration of the period of 7 years; and not otherwise. (3) A direction under subsection (1) shall not be made in relation to a State by virtue of paragraph (2)(b) or (c): (a) if the State is undergoing redistribution into Divisions; or (b) within one year before the date of expiry of a House of Representatives by effluxion of time. (4) If a period of 7 years after the day on which a State was last distributed into Electoral Divisions by a determination under subsection 73(1) expires within one year before the date of expiry of a House of Representatives by effluxion of time, subsection (2) of this section has effect, in relation to the expiration of that first-mentioned period, as if the reference in paragraph (c) to within 30 days after the expiration of the period of 7 years were a reference to within 30 days after the day of the first meeting of the next following House of Representatives. (5) Where: (a) a direction under subsection (1) is, but for this subsection, required by subsection (2) (including that subsection as affected by subsection (4)) to be made in relation to a State at any time within 13 months after the day of the first meeting of a House of Representatives; (b) a determination under subsection 48(1) has not been made after the day of that first meeting; and (c) the Electoral Commission is of the opinion that the next following determination under subsection 48(1) will or may result in an alteration of the number of members of the House of Representatives to be chosen in the State at a general election; the Electoral Commission may, by notice published in the Gazette, direct that subsection (2) does not apply in relation to the State until the making of the determination referred to in paragraph (c). (6) Where: (a) a State is undergoing redistribution into Divisions; and (b) a direction under subsection (1) is made in relation to the State by virtue of paragraph (2)(a); the redistribution of the State into Divisions, being the redistribution referred to in paragraph (a) of this subsection, is, by force of this subsection, terminated. (7) Subject to subsections (8) and (9A), a direction under subsection (1) shall be made in relation to the Australian Capital Territory: (aa) forthwith after the making of a determination under subsection 48(1) that results in an alteration of the number of members of the House of Representatives to be chosen in the Territory at a general election; and (a) whenever it appears to the Electoral Commission, from statements published under subsection 58(1), that a Division in the Territory is, and has, for a period of more than 2 months, been, a malapportioned Division; and (b) if a period of 7 years after the day on which the Territory was last distributed into Electoral Divisions by a determination under subsection 73(1) expires, within 30 days after the expiration of the period of 7 years; and not otherwise. (8) A direction under subsection (1) shall not be made in relation to the Australian Capital Territory by virtue of paragraph (7)(a) or (b): (a) if the Territory is undergoing redistribution into Divisions; or (b) within one year before the date of expiry of a House of Representatives by effluxion of time. (9) If a period of 7 years after the day on which the Australian Capital Territory was last distributed into Electoral Divisions by a determination under subsection