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ELECTORAL ACT 1907 - SECT 16F

ELECTORAL ACT 1907 - SECT 16F

16F .         Commissioners, functions of

        (1)         The Commissioners shall divide the State into districts in accordance with this Part whenever a division of the State is required under this Part.

        (2)         For the purposes of carrying out their duty under subsection (1) the Commissioners shall —

            (a)         by notice published in the Gazette and in a newspaper circulating throughout the State —

                  (i)         invite written suggestions relating to the division of the State as required by subsection (1) to be lodged with the Commissioners within 30 days from the day of the publication of the notice in the Gazette ; and

                  (ii)         invite written comments being comments on the suggestions lodged under subparagraph (i) to be lodged with the Commissioners within 14 days from the expiration of the period of 30 days referred to in that subparagraph;

                and

            (b)         forthwith after the expiration of the period of 30 days referred to in paragraph (a)(i), cause copies of the suggestions lodged with the Commissioners under paragraph (a)(i) to be made available for perusal at the office of the Electoral Commissioner; and

            (c)         consider all of the suggestions and comments lodged with the Commissioners under paragraph (a); and

            (d)         as soon as practicable after the expiration of the period of 14 days referred to in paragraph (a)(ii), formulate proposals for the division of the State in the manner required under subsection (1) and the names proposed to be assigned to the districts and publish in the Gazette and in a newspaper circulating throughout the State —

                  (i)         a map or maps setting out those proposals; and

                  (ii)         a statement of the Commissioners’ reasons for making those proposals;

                and

            (e)         consider any objections in writing that may be lodged with the Commissioners within 30 days from the day of the publication of the map or maps and statement in the Gazette under paragraph (d); and

            (f)         as soon as practicable after the expiration of the period of 30 days referred to in paragraph (e), by notice published in the Gazette , divide the State in the manner required under subsection (1).

        (3)         Any additional details and explanatory information that the Commissioners think appropriate may be included on or published with the map or maps mentioned in subsection (2)(d).

        (4)         The notice mentioned in subsection (2)(f) shall set out —

            (a)         the average district enrolment at the relevant day; and

            (b)         in respect of each of the districts —

                  (i)         the name assigned to the district; and

                  (ii)         a description of the boundaries fixed for the district; and

                  (iii)         the number of electors within the boundaries as so fixed,

        [(c)         deleted]

                and shall include a map or maps showing the boundaries of the districts.

        (5A)         For the purposes of subsection (4)(b)(ii), the boundaries may be described —

            (a)         by setting out in the notice a description of the boundaries by reference to any of the following —

                  (i)         local government or other administrative boundaries;

                  (ii)         cadastral, topographical or other spatial information;

                  (iii)         such other matters as the Commissioners think appropriate;

                or

            (b)         by referring in the notice to a version of a map or maps showing those boundaries that has been lodged with the Land Information Authority under section 16MA(1).

        (5)         Suggestions under subsection (2)(a)(i), comments under subsection (2)(a)(ii) and objections under subsection (2)(e) may be made by any person.

        (6)         In performing functions under this section, the Commissioners must ensure that the period beginning on the day on which the notice under subsection (2)(a) is published and ending on the day on which the notice under subsection (2)(f) is published does not exceed 8 months.

        (7)         The Commissioners may at any time publish in any manner the Commissioners think appropriate a consultation paper formulated by the Commissioners about any division of the State required under this Part.

        [Section 16F inserted: No. 1 of 2005 s. 4; amended: No. 2 of 2005 s. 4(3); No. 14 of 2014 s. 6; No. 20 of 2021 s. 18 and 93.]