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2002-2003-2004
THE PARLIAMENT OF THE
COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
HOUSE OF
REPRESENTATIVES (NORTHERN TERRITORY REPRESENTATION) BILL
2004
EXPLANATORY
MEMORANDUM
(Circulated by
authority of the Special Minister of State,
Senator the Hon Eric Abetz)
HOUSE OF REPRESENTATIVES (NORTHERN TERRITORY REPRESENTATION) BILL
2004
GENERAL OUTLINE
The purpose of the Bill is to
provide for two members of the House of Representatives to be elected at the
next federal election to represent the Northern Territory, and thereby maintain
the Northern Territory’s current level of representation.
The
Bill gives effect to the Government’s response to a recommendation of the
Joint Standing Committee on Electoral Matters relating to the Northern
Territory’s representation in the House of Representatives in its report
entitled: Territory Representation (Report of the Inquiry into Increasing
the Minimum Representation for the Australian Capital Territory and the Northern
Territory in the House of Representatives).
The recommendation relates
to the determination made under section 48 of the Commonwealth Electoral Act
1918 (the Electoral Act) by the Electoral Commissioner on 19 February 2003
on the number of members of the House of Representatives to be chosen by the
States and Territories at a general election. As part of that determination,
the Electoral Commissioner determined that one member would be chosen for the
Northern Territory at the next election. This would reduce the Northern
Territory’s current representation of two members.
The Bill
provides for the Electoral Commissioner’s determination to have effect as
if it specified two members are to be chosen to represent the Northern Territory
in the House of Representatives at the next election. Determination of the
number of members to be returned after that election will be subject to the
procedures outlined in the Electoral Act.
Financial impact
statement
The financial impact of the Bill is not significant. The
cost of an additional member of the House of Representatives to represent the
Northern Territory is estimated at approximately $0.8 million per annum over the
next four years. This amount includes salary, entitlements, staff and
associated costs.
The Australian Electoral Commission will be required to
maintain an office in the new Division in the Northern Territory, at an
estimated cost of $0.2 million per annum, including three staff and
administrative costs.
HOUSE OF
REPRESENTATIVES (NORTHERN TERRITORY REPRESENTATION) BILL
2004
NOTES ON CLAUSES
Clause 1 – Short
Title
1. Clause 1 is a formal provision specifying the short title of
the Bill.
Clause 2 – Commencement
2. This clause
sets out the commencement provisions for the Bill. Sections 1 and 2 will
commence on the day the Bill receives Royal Assent. Section 3 will commence
seven days after the Bill receives Royal Assent.
Clause 3 –
Northern Territory to elect 2 members of the House of Representatives in the
next election
3. Subclause 3(1) relates to the determination made by
the Electoral Commissioner under section 48 of the Electoral Act on 19 February
2003 in relation to the number of members of the House of Representatives to be
chosen in the Northern Territory at the next federal election. Subclause 3(1)
specifies that the Electoral Commissioner’s determination has effect, from
commencement of the subclause, as if it specified two as the number of members
of the House of Representatives to be chosen in the Northern Territory at the
next general election. The determination originally provided for one member to
be chosen.
4. The determination, as affected by this clause, will remain
in place until a new determination is made by the Electoral Commissioner in
accordance with section 48 of the Electoral Act following the next federal
election.
5. Subclause 3(2) of the Bill indicates that, for the purposes
of section 86 of the Electoral Act, two new Divisions are taken to have been
created on commencement of the subclause. This subclause serves two purposes.
Firstly, it ensures the legality of all enrolment transactions that have taken
place in the Northern Territory since the determination was made on
19 February 2003.
6. Secondly, it will enable the Australian
Electoral Commission (AEC) to create new rolls for the two Northern Territory
Divisions on the day on which the clause commences. The new rolls will be
created using the same mechanism used after the completion of a redistribution.
Elector details will be removed from the roll for the Division of the Northern
Territory and placed on the rolls for the Divisions of Lingiari and Solomon.
The electors will then be notified by the AEC of the change either in writing or
by advertisements placed in newspapers.