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LEGISLATIVE COUNCIL ELECTORAL BOUNDARIES ACT 1995 - SECT 29A Transition arrangements to implement redistribution of State in respect of Legislative Council

LEGISLATIVE COUNCIL ELECTORAL BOUNDARIES ACT 1995 - SECT 29A

Division 5A - Determination of transition arrangements to implement redistribution of State in respect of Legislative Council Transition arrangements to implement redistribution of State in respect of Legislative Council

(1)  The Redistribution Tribunal must determine the transition arrangements to implement the redistribution of the State in respect of the Legislative Council.
(2)  In the case of the first determination following the commencement of the Parliamentary Reform Act 1998 , the determination made under subsection (1) is to contain provisions to implement the reduction of the number of members of the Legislative Council from 19 to 15.
(3)  The reduction referred to in subsection (2) is to be completed by no later than the completion of the third annual periodical election conducted after the first determination following the commencement of the Parliamentary Reform Act 1998 .
(4)  In making its determination under subsection (1) , the Redistribution Tribunal must ensure that the annual periodical cycle of elections for Council divisions specified in section 19 of the Constitution Act 1934 takes effect as soon as practicable after its determination.
(5)  In making its determination under subsection (1) , the Redistribution Tribunal has power to –
(a) allocate a member to a Council division; and
(b) reduce or extend the term of a member of the Legislative Council; and
(c) determine the year of the periodical election at which a member is to retire; and
(d) establish the periodical cycle of elections for Council divisions; and
(e) for the purpose of establishing a periodical cycle of elections for Council divisions, specify a term of less than 6 years in respect of a member for a Council division; and
(f) fix the amount of compensation payable, if any, to a member of the Legislative Council in respect of the reduction of his or her term as a member; and
(g) determine the effect, if any, on compensation payable to a member under paragraph (f) who is elected to represent a Council division or an Assembly division after the member's term has ceased by operation of a determination under section 29A(1) ; and
(h) in the case of the first determination next following the commencement of the Parliamentary Reform Act 1998 , specify, for each year until the number of members of the Council is reduced to 15, the number of members including the President, or the person chosen to preside in his or her absence, who must be present for the Council to be competent to despatch any business.
(6)  Nothing in subsection (5) empowers the Redistribution Tribunal to make a determination which requires a simultaneous election for all Council divisions.
(7)  The number of members specified by the Tribunal under subsection (5)(h) is not to be less than 7 and not to exceed 9.
(8)  Without limiting subsection (5) , the Redistribution Tribunal has power to do anything necessary or convenient to enable it to perform its functions under subsection (1) .
(9)  In performing its functions under subsection (1) , the Redistribution Tribunal is to take into consideration and give such weight as it considers necessary to the following matters:
(a) the continuity of members' 6-year terms;
(b) the continuity of representation in respect of both members and electors;
(c) the periodical cycle of concurrent elections in Council divisions not generally sharing a common boundary;
(d) the principle that a member will generally be allocated to a new Council division where the electors from the member's current division comprise the greater number of electors in the new division;
(e) fairness and equity;
(f) any other matters that it considers relevant.
(10)  In exercising its power under subsection (5)(f) , the Redistribution Tribunal is, in addition to the matters specified in subsection (9)(e) and (f) , to take into consideration and give such weight as it considers necessary to the following matters:
(a) the extent of the reduction of a member's term;
(b) the effect of the reduction on the superannuation entitlements of a member.
(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.