SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 [Note: This Act is "repealed" by Act No. 144 of 1983]
(#DATE 31:01:1983)
- Reprinted as at 31 January 1983
*1* The Senate (Representation of Territories) Act 1973 as shown in this
reprint comprises Act No. 39, 1974 amended as indicated in the Tables below.
Table of Acts
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Application,
saving
or
Act Number Date Date of transitional
and year of Assent commencement provisions
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Senate
(Representation of
Territories) Act
1973 39, 1974 7 Aug
1974 7 Aug 1974
Senate
(Representation of
Territories)
Amendment Act 1980 14, 1980 8 Apr
1980 12 May 1980 (see
Gazette 1980, No.
S97, p. 1) S. 4
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Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
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Provision affected How affected
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S. 9. . . . . . . . . rs. No. 14, 1980
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SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Representation in the Senate
5. Powers, immunities and privileges of senator
6. Term of service
7. Time of elections
8. Issue of writs
9. Casual vacancies
10. Application of Commonwealth Electoral Act
11. Disputed elections
12. Regulations
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SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - LONG TITLE
SECT
An Act to provide for the Representation in the Senate of the Australian
Capital Territory, the Jervis Bay Territory and the Northern Territory of
Australia
SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - SECT 1
Short title
SECT
1. This Act may be cited as the Senate (Representation of Territories) Act
1973.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - SECT 3
Interpretation
SECT
3. (1) In this Act-
"Territory" means a Territory to which this Act applies;
"the Australian Capital Territory" includes the Territory that was
accepted by the Jervis Bay Territory Acceptance Act 1915.
(2) The Territories to which this Act applies are the Australian Capital
Territory and the Northern Territory of Australia.
SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - SECT 4
Representation in the Senate
SECT
4. Each Territory shall be represented in the Senate by two senators for the
Territory directly chosen by the people of the Territory voting as one
electorate.
SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - SECT 5
Powers, immunities and privileges of senator
SECT
5. (1) A senator for a Territory has all the powers, immunities and
privileges of a senator for a State and-
(a) shall be included in the whole number of the senators for the purpose
of ascertaining the number of senators necessary to constitute a meeting of
the Senate for the exercise of its powers and, if present, shall be counted
for the purpose of determining whether the necessary number of senators are
present; and
(b) shall have a vote on all questions arising in the Senate.
(2) The provisions contained in sections 16, 19 and 20 and sections 42 to 48
(inclusive) of the Constitution, to the extent, if any, to which they do not
apply, by virtue of the Constitution, in relation to a senator for a
Territory, apply, by force of this Act, in relation to such a senator in the
same way as they apply in relation to other senators.
SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - SECT 6
Term of service
SECT
6. The term of service of a senator for a Territory commences on the day of
his election and expires at the close of the day next preceding the polling
day for the general election of members of the House of Representatives next
following his election.
SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - SECT 7
Time of elections
SECT
7. (1) Subject to sub-section (2), the first election of senators for a
Territory shall be held at the same time as an election of senators for a
State, being the first election of senators for that State that is held after
the commencement of this Act.
(2) An election of senators for each Territory shall be held at the same
time as each general election of members of the House of Representatives.
SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - SECT 8
Issue of writs
SECT
8. (1) The Governor-General may cause writs to be issued for elections of
senators for a Territory.
(2) The writs for the elections of senators for a Territory in accordance
with sub-section 7 (2) shall be issued within ten days from the expiry of the
House of Representatives or from the proclamation of a dissolution thereof.
SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - SECT 9
Casual vacancies
SECT
9. (1) If the place of a senator for the Northern Territory becomes vacant
before the expiration of his term of service, the Legislative Assembly of the
Territory shall choose a person to hold the place until the expiration of the
term, but if it is not in session when the vacancy is notified, the
Administrator of the Territory, with the advice of the Executive Council
thereof, may appoint a person to hold the place until the expiration of 14
days from the beginning of the next session of the Legislative Assembly or the
expiration of the term, whichever first happens.
(2) If the place of a senator for the Australian Capital Territory becomes
vacant before the expiration of his term of service, the Senate and the House
of Representatives, sitting and voting together, shall choose a person to hold
the place until the expiration of the term, but if the Parliament is not in
session when the vacancy is notified, the Governor-General may appoint a
person to hold the place until the expiration of 14 days from the beginning of
the next session of the Parliament or the expiration of the term, whichever
first happens.
(3) Where a vacancy has at any time occurred in the place of a senator
chosen by the people of a Territory and, at the time when he was so chosen, he
was publicly recognized by a particular political party as being an endorsed
candidate of that party and publicly represented himself to be such a
candidate, a person chosen or appointed under this section in consequence of
that vacancy, or in consequence of that vacancy and a subsequent vacancy or
vacancies, shall, unless there is no member of that party available to be
chosen or appointed, be a member of that party.
(4) Where-
(a) in accordance with sub-section (3), a member of a particular political
party is chosen or appointed to hold the place of a senator whose place had
become vacant; and
(b) before taking his seat he ceases to be a member of that party
(otherwise than by reason of the party having ceased to exist),
he shall be deemed not to have been so chosen or appointed and the
vacancy shall be again notified in accordance with sub-section (5).
(5) Whenever the place of a senator for a Territory becomes vacant before
the expiration of his term of service-
(a) in the case of a senator for the Northern Territory-the President of
the Senate shall notify the Administrator of the Northern Territory of the
vacancy; and
(b) in the case of a senator for the Australian Capital
Territory-the President of the Senate shall notify the Governor-General of the
vacancy.
(6) The name of any senator chosen or appointed under sub-section (1) or
chosen by the Senate and the House of Representatives under sub-section (2)
shall be certified by the Administrator of the Northern Territory or the
President of the Senate, as the case may be, to the Governor-General.
SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - SECT 10
Application of Commonwealth Electoral Act
SECT
10. (1) Subject to this Act, the provisions of the Commonwealth Electoral
Act 1918-1973 apply, with such exceptions and subject to such modifications
and adaptations as are prescribed, to and in relation to an election of a
senator or senators for a Territory in like manner as they apply to and in
relation to an election of a senator or senators for a State and those
provisions so apply as if the Territory were a State.
(2) Regulations for the purposes of this section shall not affect the
application, in relation to elections under this Act, of the principles in
accordance with which, under the provisions of the Commonwealth Electoral Act
1918-1973 applied by this section, ballot papers are to be prepared, votes are
to be marked, the scrutiny is to be conducted and vacancies are to be filled
at an election of senators for a State.
SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - SECT 11
Disputed elections
SECT
11. (1) The provisions of section 21 of the Australian Capital Territory
Representation (House of Representatives) Act 1973 apply to and in relation to
a petition disputing an election under this Act of a senator or senators for
the Australian Capital Territory in like manner as they apply to and in
relation to a petition disputing an election under that Act.
(2) The provisions of section 8A of the Northern Territory Representation
Act 1922-1968 apply to and in relation to a petition disputing an election
under this Act of a senator or senators for the Northern Territory of
Australia in like manner as they apply to and in relation to a petition
disputing an election under that Act.
SENATE (REPRESENTATION OF TERRITORIES) ACT 1973 - SECT 12
Regulations
SECT
12. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which by this Act are required or permitted to be
prescribed, or which are necessary or convenient to be prescribed for giving
effect to this Act.