AUSTRALIAN CAPITAL TERRITORY

Electoral Act 1992
No. 71 of 1992
TABLE OF PROVISIONS

Section		
part i—preliminary
	1.	Short title
	2.	Commencement
	3.	Interpretation
	4.	Crown
part II—Australian capital territory 
electoral commission
Division 1—Establishment, functions and powers
	5.	Establishment
	6.	Constitution
	7.	Electoral matters
	8.	Powers
	9.	Annual report
Division 2—Members
	10.	Interpretation
	11.	Appointment
	12.	Tenure and conditions
	13.	Remuneration and allowances
	14.	Leave of absence
	15.	Resignation
	16.	Appointment - suspension or termination
	17.	Acting members
Division 3—Meetings
	18.	Procedure
	19.	Disclosure of interests
Part III—electoral commissioner
	20.	Appointment
	21.	Functions and powers
	22.	Tenure and conditions
	23.	Remuneration and allowances
	24.	Leave of absence
	25.	Resignation
	26.	Appointment - suspension or termination
	27.	Acting Electoral Commissioner
part IV—electorates
	28.	Multi-member electorates
	29.	Redistribution of electorates
	30.	Factors relevant to redistribution
	31.	Timing of redistributions
	32.	Redistribution Committees
	33.	Meetings of Redistribution Committee
	34.	Suggestions regarding redistribution
	35.	Outline of proposal
	36.	Proposed redistribution
	37.	Publication of proposal
	38.	Dissolution of Redistribution Committee
	39.	Objections
	40.	Augmented Commission
	41.	Meetings of augmented Commission
	42.	Investigation of objections
	43.	Redistribution—proposal by augmented Commission
	44.	Publication of augmented Commission’s proposal
	45.	Objections to augmented Commission’s proposal
	46.	Report by augmented Commission and public announcement
	47.	Report to Legislative Assembly
part V—miscellaneous
	48.	Head of Administration to provide assistance etc.
	49.	Decisions under Part IV final
	50.	Validity not affected
	51.	Improper influence
	52.	Regulations
	53.	Amendment of Administrative Decisions (Judicial Review) Act 1989

AUSTRALIAN CAPITAL TERRITORY

Electoral Act 1992
No. 71 of 1992
	
An Act to establish the Australian Capital Territory Electoral Commission, to provide for the appointment of the Electoral Commissioner, to provide for electorates and for related purposes
	[Notified in ACT Gazette S218: 8 December 1992]
PREAMBLE
1.  On 15 February 1992 a referendum was held to enable the electors of the Territory to choose which of 2 voting systems is to be used at future elections for the Legislative Assembly.
2.  The electors chose the proportional representation (Hare-Clark) system as outlined in the Referendum Options Description Sheet set out in Schedule 3 to the Australian Capital Territory (Electoral) Act 1988 of the Commonwealth.
3.  The electoral system chosen by the electors includes the system of rotation of the positions of candidates’ names on ballot papers known as the Robson Rotation.
4.  The Legislative Assembly wishes to enact legislation to implement the electoral system chosen by the electors as soon as it is convenient to do so.
5.  To facilitate the implementation of that electoral system, the Legislative Assembly wishes to enact legislation to establish the offices and procedures necessary to enable the Territory to be divided into electorates.
	The Legislative Assembly for the Australian Capital Territory therefore enacts as follows:
part i—preliminary
Short title
1.  This Act may be cited as the Electoral Act 1992.
Commencement
2.  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2)  The remaining provisions commence on a day, or respective days, fixed by the Chief Minister by notice in the Gazette.
(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
Interpretation
3.  In this Act, unless the contrary intention appears—
"augmented Commission" in relation to a redistribution, means the augmented Commission established by section 40 for the purposes of the redistribution;
“Electoral Commission” means the Australian Capital Territory Electoral Commission established by section 5;
“Electoral Commissioner” means the Electoral Commissioner appointed under section 20;
“electorate” means an electorate, the name and boundaries of which are specified in a determination in force under section 29;
“Judge” means—
	(a)	a Judge of the Supreme Court;
	(b)	a Judge of the Supreme Court of a State or another Territory; or
	(c)	a Judge of the Federal Court or Family Court;
“redistribution” includes distribution.
Crown
4.  This Act binds the Crown.
part II—Australian capital territory electoral commission
Division 1—Establishment, functions and powers
Establishment
5.  The Australian Capital Territory Electoral Commission is established.
Constitution
6.  (1)  The Electoral Commission shall consist of—
	(a)	the Chairperson; 
	(b)	the Electoral Commissioner; and
	(c)	1 other member.
(2)  The performance or exercise of the functions or powers of the Electoral Commission is not affected because there is a vacancy in the membership of the Electoral Commission.
Electoral matters
7.  In addition to any other functions that the Electoral Commission has under this Act, the Electoral Commission shall consider, and report to the Chief Minister on, electoral matters referred to it by the Chief Minister and such other electoral matters as it thinks fit.
Powers
8.  The Electoral Commission may do all things necessary or convenient to be done in connection with the performance of its functions.
Annual report
9.  The Electoral Commission shall, after each 30 June, furnish to the Chief Minister for presentation to the Legislative Assembly a report relating to the activities of the Commission during the year ending on that date.
Division 2—Members
Interpretation
10.  In this Division—
“member” means a member referred to in paragraph 6 (1) (a) or (c).
Appointment
11.  (1)  A member shall be appointed in writing by the Executive.
(2)  A person shall not be appointed as the Chairperson unless the person—
	(a)	is or has been a Judge;
	(b)	has been a Justice of the High Court;
	(c)	has been an administrative head;
	(d)	has held an office of Secretary within the meaning of the Public Service Act 1922 of the Commonwealth; or
	(e)	has been a member of the Electoral Commission or of an authority of the Commonwealth, a State or another Territory equivalent to the Electoral Commission.
(3)  Before a person is appointed as a member, the Chief Minister shall consult—
	(a)	the leader of each political party represented in the Legislative Assembly; and
	(b)	all members of the Legislative Assembly who are not also members of such a party;
about the proposed appointment.
(4)  The appointment of a member is not invalid because of any defect or irregularity in connection with the member’s appointment.
(5)  An instrument of appointment is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
Tenure and conditions
12.  (1)  A member holds office for the period (not exceeding 5 years) specified in the instrument of appointment.
(2)  A member holds office on such terms and conditions in respect of matters not provided for by this Act as are determined in writing by the Chief Minister.
(3)  A member is eligible for re-appointment.
Remuneration and allowances
13.  (1)  A member shall be paid such remuneration and allowances as are prescribed.
(2)  Subsection (1) does not apply—
	(a)	in relation to remuneration—if there is a subsisting determination relating to the remuneration to be paid to the member; or
	(b)	in relation to an allowance of a particular kind—if there is a subsisting determination relating to an allowance of that kind to be paid to the member.
(3)  In subsection (2)—
“determination” means a determination of the Remuneration Tribunal of the Commonwealth.
Leave of absence
14.  The Chief Minister may grant a member leave of absence on such terms and conditions as to remuneration and otherwise as the Chief Minister determines.
Resignation
15.  (1)  A member may resign office by writing signed by the member and delivered to the Chief Minister.
(2)  The resignation of a member takes effect on the day on which it is delivered to the Chief Minister or, if a later day is specified in the resignation, on that later day.
Appointment - suspension or termination
16.  (1)  The Executive may suspend a member from duty for misbehaviour or physical or mental incapacity.
(2)  On the first sitting day after the day on which a member is suspended, the Chief Minister shall present a statement of the reasons for the suspension to the Legislative Assembly.
(3)  If, within 7 sitting days after a statement is presented in accordance with subsection (2), the Legislative Assembly passes a resolution requiring the Executive to terminate the appointment of the member to whom the statement relates, the Executive shall terminate the appointment of that member.
(4)  If—
	(a)	the Chief Minister does not present a statement in accordance with subsection (2); or
	(b)	the Legislative Assembly does not pass a resolution in accordance with subsection (3);
the member who is suspended shall resume his or her duties.
(5)  A member who is suspended from duty is entitled to be paid remuneration and allowances as a member during the suspension.
(6)  The Executive shall terminate the appointment of a member if the member—
	(a)	is absent without leave granted under section 14 from 3 consecutive meetings of the Electoral Commission;
	(b)	contravenes section 19 without reasonable excuse; or
	(c)	is convicted of an offence in Australia or elsewhere punishable by imprisonment for 12 months or longer.
Acting members
17.  (1)  The Executive may, by instrument, appoint a person to act as a member.
(2)  A person shall not be appointed to act as the Chairperson unless the person is eligible for appointment as the Chairperson.
(3)  Anything done by or in relation to a person purporting to act under this section is not invalid on the ground that—
	(a)	the occasion for the person’s appointment had not arisen;
	(b)	there is a defect or irregularity in connection with the person’s appointment;
	(c)	the person’s appointment has ceased to have effect; or
	(d)	the occasion for the person to act had not arisen or had ceased.
Division 3—Meetings
Procedure
18.  (1)  The Chairperson may convene a meeting of the Electoral Commission.
(2)  The Chairperson shall convene such meetings of the Electoral Commission as are necessary for the efficient conduct of its functions.
(3)  At a meeting, 2 members constitute a quorum.
(4)  The Chairperson shall preside at all meetings at which he or she is present.
(5)  If the Chairperson is not present at a meeting, the Electoral Commissioner shall preside.
(6)  Questions arising at a meeting shall be determined by a majority of the votes of the members present and voting.
(7)  The member presiding at a meeting has a deliberative vote, and in the event of an equality of votes, has a casting vote.
(8)  If—
	(a)	only 2 members are present at a meeting; and
	(b)	those members differ in opinion on a matter, other than a matter by reason of which the third member is absent by virtue of section 19;
the determination of the matter shall be postponed until the next meeting.
(9)  The Electoral Commission may regulate the conduct of proceedings at its meetings as it thinks fit.
(10)  The Electoral Commission may inform itself on any matter in such manner as it thinks fit.
Disclosure of interests
19.  (1)  A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Electoral Commission shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Electoral Commission.
(2)  The disclosure shall be recorded in the minutes of the meeting and, unless the Electoral Commission determines otherwise, the member shall not—
	(a)	be present during any deliberation of the Electoral Commission in relation to the matter; or
	(b)	take part in any decision of the Electoral Commission in relation to the matter.
(3)  The member shall not—
	(a)	be present during any deliberation of the Electoral Commission for the purpose of considering whether to make a determination under subsection (2) in relation to that member; or
	(b)	take part in the making by the Electoral Commission of such a determination.
(4)  A member is not to be taken to have an interest in a matter only because the member is entitled to vote in a general election of members of the Legislative Assembly.
Part III—electoral commissioner
Appointment
20.  (1)  The Executive may, by instrument, appoint a person to be the Electoral Commissioner.
(2)  Before a person is appointed as the Electoral Commissioner, the Chief Minister shall consult—
	(a)	the leader of each political party represented in the Legislative Assembly; and
	(b)	all members of the Legislative Assembly who are not also members of such a party;
about the proposed appointment.
(3)  An instrument of appointment is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.	
Functions and powers
21.  In addition to the functions and powers conferred by this Act, the Electoral Commissioner shall have such other functions and powers as are conferred on him or her by or under any other law of the Territory.
Tenure and conditions
22.  (1)  The Electoral Commissioner holds office for the period (not exceeding 5 years) specified in the instrument of appointment.
(2)  The Electoral Commissioner holds office on such terms and conditions in respect of matters not provided for by this Act as are determined in writing by the Chief Minister.
(3)  The Electoral Commissioner is eligible for re-appointment.
(4)  The Electoral Commissioner may hold any other office that is compatible with the performance of his or her functions as Electoral Commissioner.
Remuneration and allowances
23.  (1)  The Electoral Commissioner shall be paid such remuneration and allowances as are prescribed.
(2)  Subsection (1) does not apply—
	(a)	in relation to remuneration—if there is a subsisting determination relating to the remuneration to be paid to the Electoral Commissioner; or
	(b)	in relation to an allowance of a particular kind—if there is a subsisting determination relating to an allowance of that kind to be paid to the Electoral Commissioner.
(3)  In subsection (2)—
“determination” means a determination of the Remuneration Tribunal of the Commonwealth.
Leave of absence
24.  The Chief Minister may grant the Electoral Commissioner leave of absence on such terms and conditions as to remuneration and otherwise as the Chief Minister determines.
Resignation
25.  (1)  The Electoral Commissioner may resign office by writing signed by the Electoral Commissioner and delivered to the Chief Minister.
(2)  The resignation takes effect on the day on which it is delivered to the Chief Minister or, if a later day is specified in the resignation, on that later day.
Appointment—suspension or termination
26.  (1)  The Executive may suspend the Electoral Commissioner from duty for misbehaviour or physical or mental incapacity.
(2)  On the first sitting day after the day on which the Electoral Commissioner is suspended, the Chief Minister shall present a statement of the reasons for the suspension to the Legislative Assembly.
(3)  If, within 7 sitting days after a statement is presented in accordance with subsection (2), the Legislative Assembly passes a resolution requiring the Executive to terminate the appointment of the Electoral Commissioner, the Executive shall terminate the appointment of the Electoral Commissioner.
(4)  If—
	(a)	the Chief Minister does not present a statement in accordance with subsection (2); or
	(b)	the Legislative Assembly does not pass a resolution in accordance with subsection (3);
the Electoral Commissioner shall resume his or her duties.
(5) The Electoral Commissioner is entitled to be paid remuneration and allowances during any suspension.
(6)  The Executive shall terminate the appointment of the Electoral Commissioner if he or she—
	(a)	is absent without leave granted under section 24 from 3 consecutive meetings of the Commission;
	(b)	contravenes section 19 without reasonable excuse; or
	(c)	is convicted of an offence in Australia or elsewhere punishable by imprisonment for 12 months or longer.
Acting Electoral Commissioner
27.  (1)  The Executive may, by instrument, appoint a person to act as the Electoral Commissioner.
(2)  Anything done by or in relation to a person purporting to act under subsection (1) is not invalid on the ground that—
	(a)	the occasion for the person’s appointment had not arisen;
	(b)	there is a defect or irregularity in connection with the person’s appointment;
	(c)	the person’s appointment has ceased to have effect; or
	(d)	the occasion for the person to act had not arisen or had ceased.
part IV—electorates
Multi-member electorates
28.  (1)  The Territory shall be divided into 3 separate electorates.
(2)  Seven members of the Legislative Assembly shall be elected from 1 electorate.
(3)  Five members of the Legislative Assembly shall be elected from each of the other 2 electorates.
Redistribution of electorates
29.  (1)  Subject to this Part, the augmented Commission shall redistribute electorates by determining—
	(a)	the name and boundaries of each electorate; and
	(b)	the number of members of the Legislative Assembly to be elected from each electorate.
(2)  A determination shall be made by notice in the Gazette after the completion of any investigation required by section 45.
Factors relevant to redistribution
30.  In making a redistribution of electorates, the augmented Commission shall—
	(a)	ensure that the number of electors in an electorate immediately after the redistribution is within the range permitted by subsection 67D (2) of the Australian Capital Territory (Self‑Government) Act 1988 of the Commonwealth;
	(b)	endeavour to ensure, as far as practicable, that the number of electors in an electorate at the time of the next general election of members of the Legislative Assembly will not be greater than 105%, or less than 95%, of the expected quota for the electorate at that time ascertained in accordance with the formula set out in subsection 67D (1) of the Australian Capital Territory (Self‑Government) Act 1988 of the Commonwealth; and
	(c)	duly consider—
	(i)	the community of interests within each proposed electorate, including economic, social and regional interests;
	(ii)	the means of communication and travel within each proposed electorate;
	(iii)	the physical features and area of each proposed electorate;
	(iv)	the boundaries of existing electorates; and
	(v)	the boundaries of divisions and sections fixed under the Districts Act 1966.
Timing of redistributions
31.  (1)  The first redistribution of electorates shall be made as soon as practicable after this Part commences.
(2)  Subsequent redistributions shall be made within 12 months after the date of each general election of members of the Legislative Assembly.
Redistribution Committees
32.  (1)  The Electoral Commission shall cause Redistribution Committees to be formed for the purposes of this Part.
(2)  The Electoral Commission shall cause notice of the formation of a Redistribution Committee to be published in the Gazette.
(3)  A Redistribution Committee shall consist of—
	(a)	the Electoral Commissioner;
	(b)	the Chief Planner for the Australian Capital Territory;
	(c)	the Chief Surveyor; and
	(d)	a person appointed by the Electoral Commission whose qualifications or experience would, in the opinion of the Electoral Commission, enable the person to assist the Committee, particularly in relation to the factors set out in section 30.
(4)  The member referred to in paragraph (3) (d) holds office on such terms and conditions as are determined by the Electoral Commission in consultation with the Chief Minister and specified in the instrument of appointment.
(5)  The appointment of the member referred to in paragraph (3) (d) is not invalid because of any defect or irregularity in connection with the appointment.
(6)  The performance or exercise of the Committee’s functions or powers is not affected because of any vacancy in the membership of the Committee.
Meetings of Redistribution Committee
33.  (1)  The Electoral Commissioner may convene a meeting of a Redistribution Committee.
(2)  The Electoral Commissioner shall preside at all meetings at which he or she is present.
(3)  If the Electoral Commissioner is absent from a meeting, the members present shall elect 1 of their number to preside.
(4)  At a meeting, 3 members constitute a quorum.
(5)  Questions shall be determined by a majority of the votes of the members present and voting.
(6)  The member presiding at a meeting has a deliberative vote and, in the event of an equality of votes, has a casting vote.
(7)  A Redistribution Committee may regulate the conduct of proceedings at its meetings as it thinks fit.
(8)  A Redistribution Committee may inform itself in such manner as it thinks fit, including the opening of its meetings to members of the public.
(9)  The Electoral Commission shall, on request by a Redistribution Committee, give the Committee such information and assistance as it requires for the purposes of this Part.
Suggestions regarding redistribution
34.  (1)  A Redistribution Committee shall cause a notice to be published in the Gazette—
	(a)	inviting written suggestions relating to the redistribution of electorates to be lodged with it within 28 days after the date of the invitation; and
	(b)	inviting written comments relating to such suggestions to be lodged with it within 14 days after the closing date for making suggestions.
(2)  The Committee shall cause notice of the invitations to be published in a newspaper circulating throughout the Territory.
(3)  A notice referred to in subsection (1) or (2) shall specify each place at which the suggestions may be perused by members of the public.
(4)  The Committee shall cause copies of any suggestions lodged with it in accordance with the invitation under paragraph (1) (a) to be made available for perusal by members of the public at each place specified in the notices referred to in subsections (1) and (2).
Outline of proposal
35.  Before making a proposed redistribution of electorates, a Redistribution Committee may cause an outline of its proposal to be made available to members of the public.
Proposed redistribution
36.  (1)  A Redistribution Committee shall make a proposed redistribution of electorates after considering any suggestions and comments lodged with it in accordance with an invitation under subsection 34 (1).
(2)  Section 30 applies in relation to the making of the proposed redistribution as if it were a redistribution by the augmented Commission.
(3)  The Committee shall state the reasons for its proposal in writing.
(4)  A member of the Committee who disagrees with its proposal may state the reasons for the disagreement in writing.
Publication of proposal
37.  (1)  A Redistribution Committee shall—
	(a)	cause a map or maps showing the name and boundaries of each proposed electorate to be exhibited at the office of the Electoral Commission;
	(b)	cause copies of—
	(i)	the suggestions and comments lodged with the Committee in accordance with the invitation under subsection 34 (1);
	(ii)	a description (whether by reference to a map or plan or otherwise) of the boundaries of each proposed electorate;
	(iii)	a statement as to the number of members of the Legislative Assembly that it proposes should be elected from each proposed electorate;
	(iv)	its statement of reasons for the proposed redistribution; and
	(v)	if a member of the Committee has provided a written statement of reasons for any disagreement with the proposal—that statement;
to be made available for perusal by members of the public at the office of the Electoral Commission;
	(c)	cause a notice to be published in the Gazette inviting public attention to the exhibition referred to in paragraph (a) and to the availability for perusal of copies of the documents referred to in paragraph (b); and
	(d)	cause—
	(i)	a map or maps of each proposed electorate; and
	(ii)	a notice inviting public attention to the availability for perusal of copies of the documents referred to in paragraph (b);
to be published in a newspaper circulating throughout the Territory.
(2)  A notice published in accordance with paragraph (1) (c) or (d) shall include a statement to the effect that written objections against the proposal may be lodged with the Electoral Commission within 28 days after the date of publication of the notice in the Gazette.
Dissolution of Redistribution Committee
38.  A Redistribution Committee is dissolved immediately after the notices referred to in paragraphs 37 (1) (c) and (d) have been published in relation to the Committee’s proposal.
Objections
39.  An objection against a proposal by a Redistribution Committee shall be—
	(a)	in writing; and
	(b)	lodged with the Electoral Commission within 28 days after the date on which the notice referred to in paragraph 37 (1) (c) is published in the Gazette in relation to the Committee’s proposal.
Augmented Commission
40.  (1)  For the purposes of each redistribution, an augmented Commission is established.
(2)  An augmented Commission shall consist of—
	(a)	the members of the Electoral Commission; and
	(b)	the members (other than the Electoral Commissioner) of the Redistribution Committee formed for the purposes of the redistribution.
(3)  The performance or exercise of an augmented Commission’s functions or powers is not affected because of any vacancy in its membership.
Meetings of augmented Commission
41.  (1)  The Chairperson of the Electoral Commission may convene a meeting of an augmented Commission.
(2)  The Chairperson of the Electoral Commission shall preside at all meetings of an augmented Commission at which he or she is present.
(3)  If the Chairperson of the Electoral Commission is absent from a meeting of an augmented Commission—
	(a)	the Electoral Commissioner shall preside; or
	(b)	if the Electoral Commissioner is absent from the meeting—the members present shall appoint one of their number to preside.
(4)  At a meeting, 4 members constitute a quorum.
(5)  Subject to subsection (6), questions shall be determined by a majority of the votes of the members present and voting.
(6) An augmented Commission shall not redistribute electorates under section 29 unless not less than 4 members of the augmented Commission, of whom not less than 2 are members of the Electoral Commission, vote in favour of the redistribution.
(7) Subject to subsection (8), the member presiding at a meeting has a deliberative vote and, in the event of an equality of votes, has a casting vote.
(8)  The casting vote of the member presiding at a meeting shall not be used to vote in favour of the making of a redistribution under section 29.
(9)  An augmented Commission may regulate the conduct of proceedings at its meetings as it thinks fit.
(10)  Subject to section 42, an augmented Commission may inform itself in such manner as it thinks fit.
(11)  The Electoral Commission shall, on request by an augmented Commission, give the augmented Commission such information and assistance as it requires for the purposes of this Part.
Investigation of objections
42.  (1)  The augmented Commission shall investigate each objection made in accordance with  section 39.
(2)  For the purpose of investigating an objection, the augmented Commission shall hold a public hearing, unless it is of the opinion that—
	(a)	the matters raised in the objection (or substantially the same matters) were raised in suggestions or comments lodged with the Redistribution Committee in accordance with the invitation under subsection 34 (1); or
	(b)	the objection is frivolous or vexatious.
(3)  The augmented Commission may hold one public hearing in relation to several objections.
(4)  At a public hearing, submissions to the augmented Commission may only be made by or on behalf of a person who made—
	(a)	an objection in accordance with section 39; or 
	(b)	a suggestion or comment concerning the proposed redistribution in accordance with the invitation under subsection 34 (1).
(5)  The augmented Commission shall consider all such submissions.
(6)  At a public hearing, the augmented Commission is not bound by the rules of evidence and, subject to this section, may regulate the conduct of proceedings as it thinks fit.
(7)  Without limiting the generality of subsection (6), the following matters are within the discretion of the augmented Commission:
	(a)	the manner in which, and the time within which, submissions may be made;
	(b)	the extent to which the augmented Commission may be addressed, and the persons by whom it may be addressed.
Redistribution—proposal by augmented Commission
43.  The augmented Commission shall make a proposed redistribution of electorates after completing any investigation required by section 42.
Publication of augmented Commission’s proposal
44.  (1)  After making a proposed redistribution of electorates, the augmented Commission shall cause a public announcement to be made concerning the proposal.
(2)  The public announcement shall include a statement—
	(a)	setting out the substance of the augmented Commission’s findings or conclusions concerning the Redistribution Committee’s proposal and any objection to it; 
	(b)	setting out particulars of the augmented Commission’s proposal; and
	(c)	whether, in the opinion of the augmented Commission, its proposal is significantly different from the Redistribution Committee’s proposal and, if so, a further statement to the effect that written objections against the proposal may be lodged with the Electoral Commission in accordance with the notice published under subsection (3).
(3)  Where the augmented Commission is of the opinion that its proposal is significantly different from the Redistribution Committee’s proposal, the augmented Commission shall cause to be published in the Gazette a notice to the effect that written objections against the proposal may be lodged with the Electoral Commission within 28 days after the date of publication of the notice.
Objections to augmented Commission’s proposal
45.  (1)  An objection against a redistribution proposed by the augmented Commission shall be—
	(a)	in writing; and
	(b)	lodged with the Electoral Commission within 28 days after the date on which the notice referred to in subsection 44 (3) is published in the Gazette in relation to the augmented Commission’s proposal.
(2)  Where an objection is lodged with the Electoral Commission in accordance with subsection (1)—
	(a)	the augmented Commission shall investigate the objection; and
	(b)	section 42 applies as if the investigation were an investigation under that section.
Report by augmented Commission and public announcement
46.  (1)  After redistributing electorates under section 29, the augmented Commission shall cause—
	(a)	a report concerning the redistribution to be submitted to the Chief Minister;
	(b)	copies of the report to be made available for perusal by members of the public at the office of the Electoral Commission; and
	(c)	a public announcement to be made to the effect that the redistribution has been made and that copies of the report are available for perusal by members of the public at the office of the Electoral Commission.
(2)  The report shall contain particulars of—
	(a)	any suggestions or comments lodged with the Redistribution Committee;
	(b)	the redistribution proposed by the Redistribution Committee and its reasons for the proposal;
	(c)	if a member of the Redistribution Committee has provided a written statement of reasons for any disagreement with the Committee’s proposal—that statement;
	(d)	any objections lodged with the Electoral Commission against the Redistribution Committee’s proposal;
	(e)	the result of the investigation of any objections against the Redistribution Committee’s proposal (including particulars of the proceedings at any public hearings in the course of an investigation);
	(f)	the redistribution proposed by the augmented Commission and its reasons for the proposal;
	(g)	any objections lodged with the Electoral Commission against the augmented Commission’s proposal;
	(h)	the result of the investigation of any objections against the augmented Commission’s proposal (including particulars of the proceedings at any public hearings in the course of an investigation);
	(i)	the redistribution made by the augmented Commission and its reasons for the redistribution; and
	(j)	if a member of the augmented Commission has provided a written statement of reasons for any disagreement with the augmented Commission’s proposal—that statement.
Report to Legislative Assembly
47.  The Chief Minister shall cause a copy of the augmented Commission’s report to be presented to the Legislative Assembly on the first sitting day after the day on which the Chief Minister receives the report from the augmented Commission.
part V—miscellaneous
Head of Administration to provide assistance etc.
48.  The Head of Administration shall comply with any request by the Electoral Commission, the Electoral Commissioner or an augmented Commission for information or assistance reasonably required for the purposes of this Act.
Decisions under Part IV final
49.  (1)  A decision of an augmented Commission or a Redistribution Committee made, or purporting to be made, under Part IV—
	(a)	is final and conclusive;
	(b)	shall not be challenged, appealed against, reviewed, quashed, set aside or called into question in any court or tribunal on any ground; and
	(c)	is not subject to any proceedings for a writ of mandamus, prohibition or certiorari or for an injunction, declaration or other order in any court on any ground.
(2)  A reference in subsection (1) to a decision shall be read as including a reference to a refusal or failure to make a decision.
Validity not affected
50.  A failure to comply with the provisions of Part IV (except section 28, 29 or 30) is not to be taken to affect the validity of a decision of an augmented Commission or a Redistribution Committee.
Improper influence
51.  A person shall not improperly influence a member of the Electoral Commission, an augmented Commission or a Redistribution Committee.
Penalty:  $20,000 or imprisonment for 2 years, or both.
Regulations
52.  The Executive may make regulations, not inconsistent with this Act, prescribing matters—
	(a)	required or permitted by this Act to be prescribed; or
	(b)	necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Amendment of Administrative Decisions (Judicial Review) Act 1989
53.  Schedule 1 to the Administrative Decisions (Judicial Review) Act 1989 is amended by adding at the end the following:
“This Act does not apply to decisions made under Part IV of the Electoral Act 1992.”.
[Presentation speech made in Assembly on 14 October 1992]

© Australian Capital Territory 1992