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Representation Act 1905

Act No. 11 of 1905 as amended, taking into account amendments up to Act No. 16 of 1977
Registered 07 Dec 2009
Start Date 28 Feb 1977
End Date 21 Feb 1984
Date of repeal 21 Feb 1984
Repealed by Commonwealth Electoral Legislation Amendment Act 1983

REPRESENTATION ACT 1905 [Note: This Act is "repealed" by Act No. 144 of 1983]
(#DATE 31:08:1980)

- Incorporating all amendments by legislation made to 31 August 1980
- Reprinted as at 31 August 1980
*1* The Representation Act 1905 (a) as shown in this reprint comprises Act No.
11, 1905 as amended by the other Acts specified in the following table:
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Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
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Representation Act
1905 11, 1905 23 Nov 1905 23 Nov 1905
Representation Act
1938 9, 1938 30 June 1938 30 June 1938 -
Representation Act
1964 97, 1964 18 Nov 1964 18 Nov 1964 S. 4
Representation Act
1973 40, 1974 7 Aug 1974 7 Aug 1974 -
Representation
Amendment Act 1977 16, 1977 28 Feb 1977 28 Feb 1977 S. 9
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

REPRESENTATION ACT 1905 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

1A. Interpretation

2. Inquiry as to population of the several States

3. Ascertainment of numbers of people of Commonwealth and States

4. Supply of statistical information

5. Certificate of Chief Australian Electoral Officer

6. (Repealed)

7. Gazettal of certificate

8. Effect of certificate

9. Determination of number of Members of House of Representatives

10. Determination of representation of States

11. Notification setting forth number of Members of House of
Representatives

12. Elections

13. Power to make regulations
Power of Parliament over


SCHEDULE


Certificate of Chief Australian Electoral Officer


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REPRESENTATION ACT 1905 - LONG TITLE

SECT

An Act relating to the Representation of the several States in the House of Representatives

REPRESENTATION ACT 1905 - SECT. 1.
Short title

SECT

1. This Act may be cited as the Representation Act 1905.*1*


See notes to first article of this Chapter.

REPRESENTATION ACT 1905 - SECT. 1A.
Interpretation

Substituted by No. 16, 1977, s. 3

SECT

1A. In this Act-

"determination" means a determination made under section 9;

"ordinary general election" means a general election of members of the House of Representatives next following a House of Representatives that expired or was dissolved at or towards the end of the period of 3 years from the first meeting of that House;

"people of the Commonwealth" does not include the people of any Territory.


REPRESENTATION ACT 1905 - SECT. 2.
Inquiry as to population of the several States

Amended by No. 16, 1977, s. 8

SECT

2. For the purpose of determining the number of Members of the House of Representatives to be chosen from time to time in the several States, the Chief Australian Electoral Officer shall at the times and in the manner prescribed by this Act ascertain the numbers of the people of the Commonwealth, and the numbers of the people of the several States.


REPRESENTATION ACT 1905 - SECT. 3.
Ascertainment of numbers of people of Commonwealth and States

Substituted by No. 16, 1977, s. 4

SECT

3. Where a House of Representatives has continued for a period of 11 months after the date of the first meeting of that House, the Chief Australian Electoral Officer shall, within 30 days after the expiration of that period, if that House is still continuing, ascertain the numbers of the people of the Commonwealth and of the several States in accordance with the latest statistics of the Commonwealth.


REPRESENTATION ACT 1905 - SECT. 4.
Supply of statistical information

Substituted by No. 16, 1977, s. 4

SECT

4. The Australian Statistician shall, on request by the Chief Australian Electoral Officer, supply the Chief Australian Electoral Officer with all such statistical information as he requires for the purposes of this Act.


REPRESENTATION ACT 1905 - SECT. 5.
Certificate of Chief Australian Electoral Officer

Substituted by No. 16, 1977, s. 4

SECT

5. The Chief Australian Electoral Officer shall, immediately after he has ascertained the numbers of the people in accordance with this Act, make and forward to the Minister a certificate, in accordance with the form prescribed in the Schedule or by the regulations, setting forth the numbers of the people of the Commonwealth and of the several States as so ascertained.


Section 6 repealed by No. 16, 1977, s. 4
* * * * * * * *

REPRESENTATION ACT 1905 - SECT. 7.
Gazettal of certificate

Amended by No. 40, 1974, s. 4; No. 16, 1977, s. 8

SECT

7. A copy of the certificate of the Chief Australian Electoral Officer shall forthwith be published in the Gazette*2*; and copies of the certificate shall be laid before each House of the Parliament within thirty sitting days of that House after the certificate is made.


*2* S. 7-For copies of the certificates of the Chief Electoral Officer published pursuant to this section, see Gazette 1911, p. 2113; 1921, p. 1249; 1926, p.
1072; 1933, p. 1607; 1947, p. 3475; 1954, p. 3247; 1962, p. 114; 1967, p. 4528;
and 1972, No. 92A, p. 1.


REPRESENTATION ACT 1905 - SECT. 8.
Effect of certificate

Amended by No. 16, 1977, s. 8

SECT

8. The certificate of the Chief Australian Electoral Officer shall, for the purposes of this Act, be evidence of the numbers of the people of the Commonwealth and of the several States, and shall remain in force until superseded by the making of another certificate in accordance with this Act.


REPRESENTATION ACT 1905 - SECT. 9.
Determination of number of Members of House of Representatives

Amended by No. 16, 1977, s. 8

SECT

9. The Chief Australian Electoral Officer shall, immediately after the issue of the foregoing certificate, determine the number of Members of the House of Representatives to be chosen in the several States in the manner hereinafter mentioned.


REPRESENTATION ACT 1905 - SECT. 10.
Determination of representation of States

Amended by No. 97, 1964, s. 3; No. 40, 1974, s. 5; No. 16, 1977, ss. 5 and 8

SECT

10. For the purpose of determining the number of Members of the House of Representatives to be chosen in the several States, the following procedure shall be followed:

(a) A quota shall be ascertained by dividing the number of people of the Commonwealth, as shown by the certificate (for the time being in force) of the Chief Australian Electoral Officer, by twice the number of the Senators for the States.


(b) The number of Members to be chosen in each State shall, subject to the Constitution, be determined by dividing the number of the people of the State, as shown by the certificate (for the time being in force) of the Chief Australian Electoral Officer, by the quota; and if on such division there is a remainder greater than one-half of the quota, one more Member shall be chosen in the State.


REPRESENTATION ACT 1905 - SECT. 11.
Notification setting forth number of Members of House of Representatives

Amended by No. 16, 1977, s. 8

SECT

11. The Chief Australian Electoral Officer shall forthwith, after he has determined the number of Members of the House of Representatives to be chosen in the several States in accordance with this Act, make and forward to the Minister a notification setting forth the number of Members of the House of Representatives to be chosen in the several States.


REPRESENTATION ACT 1905 - SECT. 12.
Elections

Substituted by No. 16, 1977, s. 6

SECT

12. (1) At an ordinary general election, the number of Members of the House of Representatives to be chosen in each State shall be in accordance with the last determination made before that election.


(2) At a general election of Members of the House of Representatives, not being an ordinary general election, the number of members to be chosen in each State shall be in accordance with the determination in accordance with which the State is for the time being distributed into electoral divisions.


REPRESENTATION ACT 1905 - SECT. 13.
Power to make regulations
Power of Parliament over

SECT

13. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Substituted by No. 40, 1974, s. 6

SECT

(2) Regulations made under this Act shall be laid before each House of the Parliament within fifteen sitting days of that House after the regulations are made.



Amended by No. 9, 1938, s. 5; No. 16, 1977, s. 8

SECT

(3) A regulation altering or superseding or providing a substitute for or affecting the Schedule, shall not have any force until it has been laid before both Houses of the Parliament for thirty days, or if within that time a resolution has been proposed in either House of the Parliament to disapprove of the regulation, until the motion for the resolution has been disposed of.


(4) If before the regulation comes into force a resolution disapproving of it is passed by either House of the Parliament, the regulation shall be of no effect.


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Heading ''Schedules'' omitted by No. 16, 1977, s. 8; Schedule A repealed by No. 9, 1938, s. 6; Schedule B repealed by No. 16, 1977, s. 7
* * * * * * * *



REPRESENTATION ACT 1905 - SCHEDULE

Added by No. 16, 1977, s. 7

SCH

SCHEDULE
Section 5
COMMONWEALTH OF AUSTRALIA

Representation Act 1905

CERTIFICATE OF THE CHIEF AUSTRALIAN ELECTORAL OFFICER AS TO THE
NUMBERS OF THE PEOPLE OF THE COMMONWEALTH AND OF THE SEVERAL STATES

I, , the Chief Australian Electoral Officer, hereby certify that
I have this day, in accordance with the Representation Act 1905, ascertained
the numbers of the people of the Commonwealth and of the several States in
accordance with the latest statistics of the Commonwealth, and that those
numbers are as follows:
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Numbers
the of
States People
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New South Wales . . . . . . . . . . . . . . . . . . . . . . . . . .
Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
South Australia . . . . . . . . . . . . . . . . . . . . . . . . . .
Western Australia . . . . . . . . . . . . . . . . . . . . . . . . .
Tasmania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Commonwealth . . . . . . . . . . . . . . . . . . . . . . . . . .
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Dated the day of 19

Chief Australian Electoral Officer
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