Federal Register of Legislation - Australian Government

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Representation Act 1983

Authoritative Version
Act No. 109 of 1983 as amended, taking into account amendments up to Act No. 58 of 1985
An Act to increase the number of senators, and for related purposes
Administered by: Finance
Start Date 04 Jun 1985
Table of contents.

Representation Act 1983

Act No. 109 of 1983 as amended

This compilation was prepared on 24 October 2000
taking into account amendments up to Act No. 58 of 1985

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Representation of each State in the Senate........................................... 1

4............ Repeal of certain Acts......................................................................... 1

5............ Transitional provision—increase in size of the Senate........................ 1

6............ Transitional provision—determination of State entitlement................. 2

Notes                                                                                                                                           3


An Act to increase the number of senators, and for related purposes

1  Short title [see Note 1]

                   This Act may be cited as the Representation Act 1983.

2  Commencement [see Note 1]

                   This Act shall come into operation on the day on which the Commonwealth Electoral Legislation Amendment Act 1983 comes into operation.

3  Representation of each State in the Senate

                   The number of senators for each State shall be 12.

4  Repeal of certain Acts

                   The following Acts are repealed:

                   Representation Act 1948

                   Representation Act 1949.

5  Transitional provision—increase in size of the Senate

             (1)  Until the day of the first meeting of the Parliament after the first expiration or dissolution of the House of Representatives that occurs after the commencement of this Act, section 3 has effect as if the reference in that section to 12 were a reference to 10.

             (2)  At the first election of senators for each State held after the commencement of this Act, the number of senators chosen for the State shall be 7.

             (3)  Of the senators chosen for the State at the election, the 2 non-sitting senators first elected shall be chosen for a term of 6 years and shall hold their places from and including the day referred to in subsection (1), but, for the purpose of maintaining regularity in the rotation of senators, the places of those 2 senators shall, subject to subsection (4), become vacant at the close of 30 June 1991.

             (4)  Of the senators chosen at the election, the senator last elected shall be chosen for a term of 6 years, but, for the purpose of maintaining regularity in the rotation of senators, his place shall become vacant at the close of 30 June 1988.

             (5)  Each senator chosen at the election who is not one of the 2 non-sitting senators first elected shall fill a periodical vacancy arising on 1 July 1985.

             (6)  The allowances payable to a senator who is one of the 2 non-sitting senators first elected shall be reckoned from and including 1 December 1984.

             (7)  A reference in this section to a non-sitting senator is a reference to a senator who does not hold a place in the Senate immediately before:

                     (a)  the day referred to in subsection (1) if that day is 1 July 1985 or is a day before 1 July 1985; or

                     (b)  where paragraph (a) does not apply—1 July 1985.

             (8)  If the election referred to in subsection (2) is an election following a dissolution of the Senate, the provisions of subsection (2) have effect as if the reference in that subsection to 7 were a reference to 12 and subsections (3), (4), (5), (6) and (7) do not have effect.

6  Transitional provision—determination of State entitlement

                   For the purposes of the first determination made under subsection 25(1) of the Commonwealth Electoral Act 1918, the number of senators for the States shall be taken to be 72.


Notes to the Representation Act 1983

Note 1

The Representation Act 1983 as shown in this compilation comprises Act No. 109, 1983 amended as indicated in the Tables below.

Table of Acts

 

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

 

Representation Act 1983

109, 1983

8 Dec 1983

21 Feb 1984 (see s. 2 and Gazette 1984, No. S62)

 

Commonwealth Electoral Legislation Amendment Act 1984

45, 1984

25 June 1984

Ss. 1 and 2: Royal Assent
Ss. 3(2) and 7: 21 Feb 1984
Remainder: 23 July 1984

S. 8

Representation Amendment Act 1985

58, 1985

4 June 1985

4 June 1985


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 5...........................................

am. No. 45, 1984; No. 58, 1985