ELECTORAL BOUNDARIES COMMISSION ACT 1982 - SECT 5 Function of Commission
ELECTORAL BOUNDARIES COMMISSION ACT 1982 - SECT 5
Function of CommissionS. 5(1) substituted by No. 2/2003 s. 45(2).
(1) Subject to and in accordance with the provisions of this Act, the functions of the Commission shall be to divide the State of Victoria into electoral regions for the Legislative Council and electoral districts for the Legislative Assembly as often as is necessary from time to time for the conduct of elections for the Legislative Council and the Legislative Assembly with the object of establishing and maintaining electoral regions of approximately equal enrolment and electoral districts of approximately equal enrolment and to determine the boundaries thereof.
S. 5(2) substituted by No. 9894 s. 2(1), amended by No. 2/2003 s. 45(3)(a).
(2) Subject to and in accordance with section 27
and section 35 of the Constitution Act 1975 the Commission shall divide
Victoria into regions and districts [4] .
S. 5(3) amended by No. 2/2003 s. 45(3)(b), substituted by No. 2/2003 s. 45(3A) (as amended by No. 85/2004 s. 9).
(3) The Commission must, before beginning to conduct a redivision, publish a notice in the Government Gazette specifying—
(a) the date on which the Commission is to begin conducting the redivision;
(b) the condition applying in the relevant period under subsection (4) which requires the Commission to conduct the redivision;
(c) the quota for electoral regions and the quota for electoral districts which is to be used as the basis for the redivision.
S. 5(4) inserted by No. 2/2003 s. 45(3A) (as amended by No. 85/2004 s. 9).
(4) The Commission must conduct a redivision if any one of the conditions specified in paragraphs (a) to (d) applies in the relevant period—
(a) the number of electors enrolled for a minimum of 3 electoral regions or a minimum of 27 electoral districts have varied for a minimum period of 2 months by more than 10 per centum from the average enrolment of all electoral regions or all electoral districts;
(b) the number of electors enrolled for a minimum of 3 electoral regions or a minimum of 23 electoral districts have varied for a minimum period of 2 months by more than 10 per centum from the average enrolment of all electoral regions or all electoral districts and the number of electors enrolled for at least 1 of those electoral regions or at least 5 of those electoral districts have varied for a minimum period of 2 months by more than 20 per centum from the average enrolment of all electoral regions or all electoral districts;
(c) there have been 2 general elections since the last redivision;
(d) section 27 or 35 of the Constitution Act 1975 has been amended to change the number of electoral regions or electoral districts.
S. 5(5) inserted by No. 2/2003 s. 45(3A) (as amended by No. 85/2004 s. 9).
(5) In this section—
"general election" means an election at which all the members of the Legislative Council and the Legislative Assembly have to be elected;
"quota for electoral districts" means the quota determined by dividing the total number of electors enrolled as electors for Victoria as at the last day of the month preceding the date of the notice under subsection (3) by the number of electoral districts;
"quota for electoral regions" means the quota determined by dividing the total number of electors enrolled as electors for Victoria as at the last day of the month preceding the date of the notice under subsection (3) by the number of electoral regions;
"relevant period" means the period beginning 24 months before the next scheduled general election and ending 18 months before the next scheduled general election.