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TASMANIA
__________
LEGISLATIVE COUNCIL ELECTORAL
BOUNDARIES AMENDMENT BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 19 amended (Notice of inquiries)
5. Section 21 amended (Further redistribution proposals)
6. Section 22 amended (Further objections)
7. Section 25 amended (Redistribution of State)
8. Section 26 amended (Reasons for determination made by
Redistribution Tribunal)
9. Section 29 amended (Effective date of redistribution)
10. Section 29A amended (Transition arrangements to implement
redistribution of State in respect of Legislative Council)
11. Section 29J amended (Transition determination)
12. Section 29K amended (Reasons for transition determination
made by Redistribution Tribunal)
13. Section 30A inserted
30A. Copy of information to be provided
[Bill 46]-I
2
LEGISLATIVE COUNCIL ELECTORAL
BOUNDARIES AMENDMENT BILL 2009
(Brought in by the Leader of the Government, the Honourable
Douglas John Parkinson)
A BILL FOR
An Act to amend the Legislative Council Electoral
Boundaries Act 1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Legislative Council
Electoral Boundaries Amendment Act 2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Legislative Council Electoral
Boundaries Act 1995* is referred to as the
Principal Act.
*No. 2 of 1995
[Bill 46] 3
Legislative Council Electoral Boundaries Amendment Act 2009
Act No. of
s. 4
4. Section 19 amended (Notice of inquiries)
Section 19 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "inquiry
and the time and place at which the
inquiry is to commence" and substituting
"inquiry, the time and place at which the
inquiry is to commence and the address
of the website on which the information
required to be published under
subsection (2) is published";
(b) by omitting from subsection (2) "A
notice under subsection (1) is to specify"
and substituting "The redistribution
Tribunal is to publish on a website";
(c) by inserting the following paragraph
before paragraph (a) in subsection (2):
(aa) a copy of the notice referred to in
subsection (1); and
5. Section 21 amended (Further redistribution
proposals)
Section 21 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsections:
(3) The public announcement referred to in
subsection (1) is to include
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Legislative Council Electoral Boundaries Amendment Act 2009
Act No. of
s. 5
(a) a summary of the further
redistribution proposal made by
the Redistribution Tribunal; and
(b) a statement whether, in the
opinion of the Tribunal, its
further redistribution proposal is
significantly different from the
Redistribution Committee's
initial redistribution proposal; and
(c) if, in the opinion of the Tribunal,
its further redistribution proposal
is significantly different from the
initial redistribution proposal, a
statement to the effect that
(i) a person or organisation
that was entitled to make
an initial objection under
section 17 may within 7
days lodge with the
Tribunal a written further
objection; and
(ii) subject to section 18(3),
the Tribunal will hold an
inquiry into a further
objection; and
(d) the address of the website on
which the information required to
be published under subsection (4)
is published.
(4) The Redistribution Tribunal is to publish
on a website
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Legislative Council Electoral Boundaries Amendment Act 2009
Act No. of
s. 6
(a) a copy of the public
announcement referred to in
subsection (1); and
(b) the substance of the
Redistribution Tribunal's findings
or conclusions concerning any
initial objections and the
Redistribution Committee's
initial redistribution proposal; and
(c) the further redistribution proposal
made by the Tribunal.
6. Section 22 amended (Further objections)
Section 22(4) of the Principal Act is amended by
omitting "Sections 18(3) and 21 apply" and
substituting "Sections 18(3) and 20 apply".
7. Section 25 amended (Redistribution of State)
Section 25 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "The
notice published pursuant to subsection
(1) is to include" and substituting "The
Redistribution Tribunal is to publish on a
website a copy of the notice referred to in
subsection (1) and";
(b) by inserting the following subsection
after subsection (4):
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Legislative Council Electoral Boundaries Amendment Act 2009
Act No. of
s. 8
(5) The notice referred to in
subsection (1) is to include the
address of the website on which
the information required to be
published under subsection (4)
and section 26(3) is published.
8. Section 26 amended (Reasons for determination
made by Redistribution Tribunal)
Section 26 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) The Redistribution Tribunal is to publish
the reasons stated under subsections (1)
and (2) on a website.
9. Section 29 amended (Effective date of
redistribution)
Section 29(1) of the Principal Act is amended by
omitting "that section" and substituting
"section 29A".
10. Section 29A amended (Transition arrangements to
implement redistribution of State in respect of
Legislative Council)
Section 29A of the Principal Act is amended by
inserting after subsection (10) the following
subsections:
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Legislative Council Electoral Boundaries Amendment Act 2009
Act No. of
s. 11
(11) If each new division determined under
section 25 contains at least 75 per cent of
the electors from a member's current
division, the Tribunal may make a
determination under this section that
allocates each member to the new
division that contains at least 75 per cent
of the electors from the member's current
division.
(12) If the Tribunal makes a determination
referred to in subsection (11),
section 29B to section 29I inclusive do
not apply.
11. Section 29J amended (Transition determination)
Section 29J of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) The notice published under
subsection (2) is to include the address of
the website on which the reasons, if any,
published under section 29K(3) are
published.
12. Section 29K amended (Reasons for transition
determination made by Redistribution Tribunal)
Section 29K of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
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Legislative Council Electoral Boundaries Amendment Act 2009
Act No. of
s. 13
(3) The Redistribution Tribunal is to publish
any reasons stated under subsections (1)
and (2) on a website.
13. Section 30A inserted
After section 30 of the Principal Act, the
following section is inserted in Division 6:
30A. Copy of information to be provided
Where, pursuant to this Act, information
is published on a website, a person is to
be provided, on request, with a printed
copy of that information.
Government Printer, Tasmania 9