SENATE ELECTIONS ACT 1903 [Note: This Act is "repealed" by Act No. 61 of 1981]
(#DATE 18:05:1948)
Compilation Information
- Reprinted as at 18 May 1948
SENATE ELECTIONS ACT 1903-1948 - TABLE OF PROVISIONS
TABLE
SENATE ELECTIONS ACT 1903-1948
TABLE OF PROVISIONS
Section
1. Short title
2. Incorporation
3. Definitions
4. Application of Act
5. Conduct of election
6. (Repealed)
7. The writ
8. Nominations
9. Filling of casual vacancies
10. The return of the writ
10A. Cases in which poll shall be held
11. Court of Disputed Returns
SCHEDULE A
Form of Writ
SCHEDULE B
Form of nomination
SCHEDULE C
Form of resignation
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SENATE ELECTIONS ACT 1903-1948 - SECT. 1.
Short title.
SECT
An Act to make further provision for the Election of Senators.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Senate Elections Act 1903-1948.*
SENATE ELECTIONS ACT 1903-1948 - SECT. 2.
Incorporation.
SECT
Amended by No. 22, 1922, s. 2.
2. This Act shall be incorporated and read as one with the Commonwealth
Electoral Act 1918-1921.*
SENATE ELECTIONS ACT 1903-1948 - SECT. 3.
Definitions.
SECT
Amended by No. 22, 1922, s. 3.
3. In this Act-
''Casual vacancy'' means a vacancy in the place of a Senator occurring
before the expiration of his term of service.
''Long casual vacancy'' means a casual vacancy for a period terminating
after the thirtieth day of June next following the election at which that
vacancy is to be filled.
''Short casual vacancy'' means a casual vacancy for a period terminating on
the thirtieth day of June next following the election at which that vacancy is
to be filled.
''Periodical vacancy'' means a vacancy in the Senate occurring at the
expiration of the term of service of a Senator.
''Senator-candidate'' means a candidate who is, at the date of the election,
a senator elected at a previous election.
SENATE ELECTIONS ACT 1903-1948 - SECT. 4.
Application of Act.
SECT
4. When at an election of Senators for a State to fill periodical vacancies
one or more Senators are to be elected to fill casual vacancies the provisions
of this Act shall apply.
SENATE ELECTIONS ACT 1903-1948 - SECT. 5.
Conduct of election.
SECT
5. The election of Senators to fill the periodical vacancies and of Senators
to fill the casual vacancies shall be conducted as one election of Senators.
Section 6 repealed by No. 22, 1922, s. 4.
* * * * * * * *
SENATE ELECTIONS ACT 1903-1948 - SECT. 7.
The writ.
SECT
7. The writ for the election may be in the form in Schedule A to this Act.
SENATE ELECTIONS ACT 1903-1948 - SECT. 8.
Nominations.
SECT
8. Nominations may be in the form in Schedule B to this Act.
SENATE ELECTIONS ACT 1903-1948 - SECT. 9.
Filling of casual vacancies.
SECT
Substituted by No. 22, 1922, s. 5.
9. (1) Where in an election to which this Act applies a short casual vacancy
is to be filled the vacancy shall be filled by the first candidate, not being
a senator-candidate, who is elected to fill a periodical vacancy at the
scrutiny conducted in accordance with section one hundred and thirty-five of
the Commonwealth Electoral Act 1918-1921, and if more short casual vacancies
than one are to be filled, they shall be filled successively in the same way.
Substituted by No. 17, 1948, s. 4.
(2) Where a long casual vacancy is to be filled, the vacancy shall, subject
to this section, be filled by the continuing candidate who, next after the
periodical vacancies have been filled in accordance with section one hundred
and thirty-five of the Commonwealth Electoral Act 1918-1948, first receives,
at the scrutiny conducted in accordance with that section, a number of votes
equal to or greater than the quota determined under that section, and if more
long casual vacancies than one are to be filled they shall be filled
successively in the same way.
(3) A senator-candidate shall not be capable of being elected to fill a long
casual vacancy unless on or before the day of nomination he has delivered to
the Commonwealth Electoral Officer for the State in respect of which he is a
candidate, his resignation in accordance with Schedule C to this Act of his
existing place as senator, and, in the process of filling any such long casual
vacancy, a candidate who, in accordance with this sub-section, is not capable
of being elected, shall be excluded from the count.
(4) A resignation delivered in pursuance of the last preceding sub-section
shall be irrevocable but shall be conditional upon the senator to whom it
applies being elected to fill a long casual vacancy.
(5) In the event of the senator to whom a resignation under this section
applies being elected to fill a long casual vacancy the resignation shall be
forwarded by the Commonwealth Electoral Officer to the President of the
Senate, or if there is no President or if the President is absent from the
Commonwealth, to the Governor-General, and in the event of the senator not
being so elected it shall be forthwith returned by the Commonwealth Electoral
Officer to the senator.
SENATE ELECTIONS ACT 1903-1948 - SECT. 10.
The return of the writ.
SECT
Amended by No. 22, 1922, s. 6.
10. The Commonwealth Electoral Officer shall-
(a) in declaring the result of the election, declare the names of the
candidates elected to fill periodical vacancies, and the names of the
candidates elected to fill the respective casual vacancies; and
(b) in certifying by indorsement on the original writ the names of the
candidates elected, certify which of them are elected to fill periodical
vacancies, and which of them are elected to fill the respective casual
vacancies.
SENATE ELECTIONS ACT 1903-1948 - SECT. 10A.
Cases in which poll shall be held.
SECT
Inserted by No. 22, 1922, s. 7.
10A. Notwithstanding anything contained in section eighty-two of the
Commonwealth Electoral Act 1918-1921-
(a) a poll shall be held in any case where-
(i) the number of candidates nominated exceeds the number of periodical
vacancies; or
(ii) there is a short casual vacancy or there are short casual vacancies
to be filled, and there are more candidates who are not senator-candidates
than there are short casual vacancies;
(b) where the election is for the purpose of filling periodical vacancies
and one or more short casual vacancies and the number of candidates duly
nominated does not exceed the number of periodical vacancies and the number of
candidates who are not senator-candidates does not exceed the number of short
casual vacancies, the Commonwealth Electoral Officer shall declare the
candidates nominated to be duly elected to fill the periodical vacancies and
that candidate or those candidates who are not senator-candidates to be duly
elected to fill the short casual vacancy or vacancies.
SENATE ELECTIONS ACT 1903-1948 - SECT. 11.
Court of Disputed Returns.
SECT
Amended by No. 22, 1922, s. 8.
11. The powers of the Court of Disputed Returns in respect of any petition
disputing the election or return, shall include the power to declare-
(a) That any candidate, who was returned as elected to fill a periodical
vacancy, was elected to fill a casual vacancy:
(b) That any candidate, who was returned as elected to fill a casual
vacancy, was elected to fill a periodical vacancy:
(c) That any candidate, who was not returned as elected, was elected to
fill a periodical vacancy or a casual vacancy, as the case may be:
(d) That any candidate, who was returned as elected to fill one casual
vacancy, was elected to fill another casual vacancy.
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SENATE ELECTIONS ACT 1903-1948 - SCHEDULE A
SCH
SCHEDULE A
Form of Writ.
Substituted by No. 22, 1922, s. 9.
Writ for the Election of Senators
COMMONWEALTH OF AUSTRALIA
His Majesty the King
To, the Commonwealth Electoral Officer for the State of (here insert name of
State).
GREETING:
We command you to cause election to be made according to law of (here insert
number of periodical vacancies) Senators for our State of (here insert name of
State) [if there is a casual vacancy to be filled for the period ending on the
thirtieth day of June next following the election insert of whom (here insert
number of such casual vacancies) shall serve in the Senate of the Parliament
of the Commonwealth of Australia from and after the date of
election until the day of 19 and (here insert
number of periodical vacancies to be filled less the number of such casual
vacancies) shall serve in the said Senate from and after the first day of
July, 19 , until the day of 19 ] [if there is no
casual vacancy for the period ending on the thirtieth day of June next
following the election insert to serve in the Senate of the
Parliament of the Commonwealth from and after the first day of July 19 until
the day of 19 ] [if there is a casual vacancy to be
filled for a period ending after the thirtieth day of June next following the
election insert and of (here insert number of such casual vacancies) Senator
for our said State to serve in the said Senate from and after the date of
election until the
day of 19 ] And we appoint the day of
19 , at twelve o'clock noon, to be the day and time before which
nominations of Senators at and for the said election are to be made. And we
appoint the
day of 19 , to be the day on which the poll is to be taken
in the event of the said election being contested. And we appoint (here insert
name of building) at (here insert name of town) to be the place of nomination
at the said election. And we command you to indorse on this our writ the names
of the Senators elected and to return it so indorsed to our Governor in and
over our said State on or before the day of 19 .
Witness-(here insert the title of the Governor of the State issuing the
writ) at (here insert place) in our said State the day of
in the year of our Lord One thousand nine hundred and
By His Excellency's
Command.
SENATE ELECTIONS ACT 1903-1948 - SCHEDULE B
SCH
SCHEDULE B
COMMONWEALTH OF AUSTRALIA
State of (here insert name of State)
Nomination of Senator
Form of nomination.
Substituted by No. 22, 1922, s. 10.
To the Commonwealth Electoral Officer for the State of (here insert name of
State).
We, the undersigned Electors on the Electoral Roll for the State of (here
insert name of State), and entitled to vote at the election of Senators for
the said State do hereby nominate (here insert the christian name or names in
full, surname, place of residence, and occupation of the person nominated) as
a Senator for the State of (here insert name of State) to serve in the Senate
of the Parliament of the Commonwealth.
Dated this day of 19 .
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Signature of
Nominator Place of
Living Subdivision for which
enrolled Number on Roll
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I, of consent to the above nomination, and to
act if elected and declare that I am qualified under the Constitution and the
laws of the Commonwealth to be elected as a Senator.
(Signature of Candidate).
Witness-
Address-
N.B.-The Candidate's consent to the nomination and his declaration of
qualification may be on a separate paper and in any form, but if given on the
nomination paper in the above form their sufficiency is not to be questioned.
A nomination must be signed by not less than six persons entitled to vote at
the election for which the candidate is nominated.
SENATE ELECTIONS ACT 1903-1948 - SCHEDULE C
SCH
SCHEDULE C
Form of resignation.
Added by No. 22, 1922, s. 10.
To the President of the Senate.
His Excellency the Governor-General.
I, , being a Senator whose term of service expires on the
thirtieth day of June next and being a candidate for election at the next
election of Senators for the State of do hereby resign my place
as Senator as from the (here insert date of the forthcoming election)
conditionally upon my being elected, at the next election of Senators for the
State of , to fill a casual vacancy for a term expiring on the
thirtieth day of June next following the expiration of three years from the
date of the said election.
Signature .
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SENATE ELECTIONS ACT 1903-1948 - NOTES
NOTES
1. The Senate Elections Act 1903-1948 comprises the Senate Elections Act 1903
as amended by the other Acts specified in the following table:
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Number Date of Assent
Act and year and of commencement
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Senate Elections Act 1903 No. 2, 1903 15 July 1903
Senate Elections Act 1922 No. 22, 1922 18 Oct 1922
Commonwealth Electoral Act
1948 No. 17, 1948 18 May 1948
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2.-S. 2-Reference should also be made to the Senate Elections Act 1966, and to
the Representation Act 1948-1973.