{"id":"C1973A00111","name":"Australian Capital Territory Representation (House of Representatives) Act 1973","slug":"australian-capital-territory-representation-house-of-representatives-act-1973","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"111 of 1973","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2563,"registerId":"commonwealth-C1973A00111-current","compilationNumber":null,"startDate":"2026-03-29","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Capital Territory Representation (House of Representatives) Act 1973","content":"Australian Capital Territory Representation (House of Representatives) Act 1973\n\nNo. 111 of 1973\n\nAN ACT\n\nTo provide for the Representation in the House of Representatives of the Australian Capital Territory and the Jervis Bay Territory.\n\n\\[Assented to 16 October 1973\\]\n\nBE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—\n\nShort title.\n\n1. This Act may be cited as the Australian Capital Territory Representation (House of Representatives) Act 1973.\n\nCommencement.\n\n2. This Act shall come into operation on the day on which it receives the Royal Assent.\n\nRepeal and savings.\n\n3. (1) The Acts specified in the Schedule are repealed.\n\n(2) Notwithstanding the repeal effected by sub-section (1), the provisions of the repealed Acts, and of the regulations under those Acts, continue to apply to and in relation to the representation, until the first expiry or dissolution of the House of Representatives that occurs after the commencement of this Act, of the Territory in that House.\n\n  \n\nDefinitions.\n\n4. In this Act—\n\n“division” includes re-division;\n\n“the Jervis Bay Territory” means the Territory that was accepted by the Jervis Bay Territory Acceptance Act 1915;\n\n“the Territory” means the Australian Capital Territory and the Jervis Bay Territory.\n\nRepresentation of the Territory.\n\n5. The representation of the Territory in the House of Representatives shall be by two members elected in accordance with this Act.\n\nElectoral Divisions.\n\n6. (1) The Territory shall be divided into two Electoral Divisions and one member of the House of Representatives shall be chosen for each Division.\n\n(2) The first division of the Territory into Electoral Divisions shall be made before the first general election of members of the House of Representatives that occurs after the commencement of this Act.\n\n(3) A re-division of the Territory into Electoral Divisions shall be made whenever the Governor-General so directs.\n\nQuota.\n\n7. The Chief Electoral Officer for the Commonwealth shall, whenever necessary, ascertain a quota of electors by dividing the whole number of electors of the Territory, as nearly as can be ascertained, by two.\n\nDistribution Committee.\n\n8. (1) For the purposes of each division of the Territory into Electoral Divisions, the Governor-General shall appoint a Distribution Committee consisting of three persons.\n\n(2) Of the members of the Distribution Committee—\n\n(a) one shall be the Chief Electoral Officer for the Commonwealth or a person having similar qualifications; and\n\n(b) one shall be the Surveyor-General for the Commonwealth or a person having similar qualifications.\n\n(3) The Governor-General may appoint one of the members of the Distribution Committee to be Chairman.\n\n(4) The members of the Distribution Committee shall hold office during the pleasure of the Governor-General.\n\nProceedings at meetings.\n\n9. (1) At a meeting of the Distribution Committee, the Chairman shall preside if he is present.\n\n(2) In the absence of the Chairman from a meeting of the Distribution Committee, the members of the Committee present shall appoint one of their number to preside at that meeting.\n\n  \n\n(3) At a meeting of the Distribution Committee, two members of the Committee form a quorum.\n\n(4) Questions arising before the Distribution Committee shall be decided by a majority of votes.\n\n(5) In the event of an equality of votes, the member of the Distribution Committee presiding at the meeting has a casting vote in addition to a deliberative vote.\n\nHow division to be made.\n\n10. (1) The Distribution Committee shall make a proposed division of the Territory into two Electoral Divisions in accordance with this section.\n\n(2) In making the proposed division the Distribution Committee shall give due consideration, in relation to each proposed Electoral Division, to—\n\n(a) community of interests within the Division, including economic, social and regional interests;\n\n(b) trend of population changes; and\n\n(c) physical features,\n\nand subject thereto the quota of electors shall be the basis for the division, and the Distribution Committee may adopt a margin of allowance but so that the quota shall not be departed from to a greater extent than one-fifth more or one-fifth less.\n\n(3) The whole of the Jervis Bay Territory shall be included in one of the Divisions.\n\nSuggestions relating to division.\n\n11. (1) Before making a proposed division of the Territory, the Distribution Committee shall, by notice published in the Gazette—\n\n(a) invite suggestions in writing to be lodged with the Committee, within thirty days after the publication of the notice, relating to the division of the Territory into Electoral Divisions; and\n\n(b) invite comments in writing to be lodged with the Committee, within fourteen days after the expiration of the period referred to in paragraph (a), relating to any suggestions received by the Committee in pursuance of that paragraph.\n\n(2) Immediately after the expiration of the period referred to in paragraph (1)(a), the Committee shall make available for perusal at the office of the Chief Electoral Officer for the Commonwealth copies of any suggestions lodged with the Committee in pursuance of that paragraph.\n\n(3) The Committee shall consider any suggestions and comments lodged with it in pursuance of sub-section (1) before making the proposed division.\n\nNotice of proposed division.\n\n12. After the Distribution Committee has made a proposed division of the Territory, it shall—\n\n(a) cause a map with a description of the boundaries of each of the proposed Electoral Divisions to be exhibited at Post Offices in the Territory and invite public attention to that map by notice published in the Gazette; and\n\n  \n\n(b) make available for perusal at the office of the Chief Electoral Officer for the Commonwealth copies of any comments lodged with the Distribution Committee in pursuance of paragraph 11(1)(b).\n\nSuggestions and objections.\n\n13. Suggestions or objections in writing may be lodged with the Distribution Committee not later than thirty days after the publication of the notice in the Gazette under section 12 and the Committee shall consider all suggestions and objections so lodged before making its report under section 14, and may alter its proposals as a result of that consideration.\n\nAttempting to influence Committee.\n\n14. Except as provided by section 11 or 13, a person shall not, by writing sent to a Distribution Committee or a member of such a Committee, or by words spoken to or in the presence of such a member, seek to influence the Committee or a member of the Committee in the performance of duties or functions under this Act.\n\nPenalty: One hundred dollars.\n\nReport of Distribution Committee.\n\n15. (1) The Distribution Committee shall, as soon as practicable after the expiration of the period of thirty days referred to in section 13, forward to the Minister a report of its proposals for the division of the Territory into Electoral Divisions, together with a map signed by the members of the Committee showing the boundaries of each proposed Electoral Division.\n\n(2) The report shall state, as nearly as can be ascertained, the number of electors residing in each proposed Electoral Division and shall be accompanied by copies of the suggestions, comments and objections (if any) lodged with the Committee in pursuance of sections 11 and 13.\n\nReport, &c., to be laid before Parliament.\n\n16. A copy of the report and map, and of the suggestions, comments and objections (if any), shall be laid before each House of the Parliament within five sitting days of that House after the receipt of the report by the Minister.\n\nProclamation of Divisions.\n\n17. (1) If both Houses of the Parliament pass a resolution approving of the proposed division, the Governor-General may by proclamation declare the names and boundaries of the Electoral Divisions, and, subject to this section, those Divisions shall until altered be the Electoral Divisions for the Territory.\n\n(2) Until the next ensuing dissolution or expiration, of the House of Representatives, a re-division shall not affect the election of a new member to fill a vacancy happening in the House of Representatives; but for the purposes of any such election the Electoral Divisions as previously existing, and the Rolls in respect of those Divisions, shall continue to have full force and effect, notwithstanding that new Rolls for the new Divisions have been prepared.\n\n  \n\n(3) If either House of the Parliament passes a resolution disapproving of the proposed division, or negatives a motion for the approval of the proposed division, the Minister may direct the Distribution Committee to propose a fresh division of the Territory into Electoral Divisions.\n\n(4) The Distribution Committee shall thereupon reconsider the matter, and forthwith propose a fresh division, but for that purpose it is not necessary to cause action provided for by sections 11 and 12 to be taken.\n\nPowers, immunities and privileges of member.\n\n18. (1) A member of the House of Representatives elected in respect of an Electoral Division of the Territory has all the powers, immunities and privileges of a member representing an Electoral Division of a State and—\n\n(a) shall be included in the whole number of the members of the House for the purpose of ascertaining the number of members necessary to constitute a meeting of the House for the exercise of its powers and, if present, shall be counted for the purpose of determining whether the necessary number of members are present; and\n\n(b) has a vote on all questions arising in the House.\n\n(2) The provisions contained in sections 32, 33, 37 and 38 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 member of the House of Representatives in respect of an Electoral Division of the Territory apply, by force of this Act, in relation to such a member in the same way as they apply in relation to other members of that House.\n\nApplication of Commonwealth Electoral Act 1918-1973.\n\n19. 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 in respect of an Electoral Division of the Territory as if that Electoral Division were an Electoral Division of a State.\n\nElection to be hold at time of House of Representatives elections.\n\n20. At the time of each general election of members of the House of Representatives, an election of members in accordance with this Act shall be held.\n\nLodging and hearing of petitions.\n\n21. (1) Any petition disputing an election in respect of an Electoral Division of the Territory may be lodged with the District Registrar of the High Court at Canberra, and upon being so lodged, shall, for the purposes of the Commonwealth Electoral Act 1918-1973, be deemed to be duly filed\n\n(2) Upon an application being made by a party to the petition, the High Court shall have jurisdiction—\n\n(a) to hear and decide the petition; or\n\n  \n\n(b) to refer the petition for hearing to the Supreme Court of the Australian Capital Territory,\n\nand may take such other action as in the circumstances it deems necessary.\n\n(3) If the High Court refers the petition for hearing to the Supreme Court of the Australian Capital Territory, that Court has jurisdiction to hear and decide the petition.\n\n(4) An appeal lies from the Supreme Court of the Australian Capital Territory to the High Court against the decision of the Supreme Court upon any question of law, or of mixed law and fact, arising in connexion with a petition heard by the Supreme Court.\n\nRegulations.\n\n22. 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.\n\nSCHEDULE Section 3\n\nacts repealed\n\nAustralian Capital Territory Representation Act 1948\n\nAustralian Capital Territory Representation Act 1949\n\nAustralian Capital Territory Representation Act 1959\n\nAustralian Capital Territory Representation Act (No. 2) 1959\n\nAustralian Capital Territory Representation Act 1966\n\nAustralian Capital Territory Representation Act 1973","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Section 14 (heading and numbering)","severity":"high","reasoning":"Section 13 explicitly cross-references 'its report under section 14', but Section 14 contains the offence provision about improperly influencing the Committee — not the report. The report is in Section 15. This creates a broken statutory cross-reference: compliance with Section 13 directs actors to the wrong section, and Section 14 as drafted cannot be 'the report' referred to. A reader following the chain of sections is misdirected to an unrelated criminal penalty provision rather than the reporting obligation.","confidence":0.92,"description":"Section 14 is titled 'Attempting to influence Committee' but this is actually the penalty provision for doing so. Meanwhile, the actual report obligation of the Distribution Committee is placed in Section 15, titled 'Report of Distribution Committee'. The section numbering creates a structural absurdity: Section 13 instructs the Committee to consider objections 'before making its report under section 14', but Section 14 is not the report provision — it is the offence of improperly influencing the Committee. The report obligation is in Section 15."},{"type":"impossible_compliance","section":"Section 17(3)–(4)","severity":"medium","reasoning":"The chain of 'may' (Ministerial discretion) feeding into 'shall' (Committee obligation) creates a structural gap. If the Minister withholds the direction indefinitely after parliamentary disapproval, no mechanism in the Act resolves the impasse. Unlike Section 6(2) which mandates a first division 'before the first general election', there is no backstop deadline or fallback for the re-division cycle. The Territory could be left in electoral limbo.","confidence":0.82,"description":"If either House passes a disapproval resolution, the Minister 'may' direct the Committee to propose a fresh division. The word 'may' makes this discretionary. But Section 17(4) then says the Committee 'shall thereupon' reconsider and 'forthwith' propose a fresh division — imposing a mandatory obligation on the Committee that is contingent on a discretionary Ministerial act. If the Minister never exercises the discretion, the Committee has no obligation, yet the Act provides no mechanism for resolving a deadlock where Parliament repeatedly disapproves proposed divisions and the Minister repeatedly declines to direct a fresh one. This could theoretically leave the Territory permanently without valid Electoral Divisions."},{"type":"impossible_compliance","section":"Section 6(3)","severity":"medium","reasoning":"The sole trigger for re-division is Gubernatorial direction — a purely discretionary act. Unlike the Commonwealth Electoral Act framework for States (which mandates redistributions on population grounds), this Act contains no compulsion. The quota in Section 7 is calculated 'whenever necessary' but necessity is never defined, and the Distribution Committee is only appointed for 'each division' under Section 8(1). A situation could arise where electors in one Division vastly outnumber those in the other with no legal mechanism to compel correction.","confidence":0.78,"description":"A re-division 'shall be made whenever the Governor-General so directs.' This means a re-division is entirely contingent on the Governor-General choosing to direct one — there is no mandatory trigger, no periodic requirement, and no population-based threshold. Combined with Section 7's 'whenever necessary' quota recalculation, the Act creates no enforceable obligation to ever re-divide, even if population changes render the existing divisions grossly unequal."},{"type":"other","section":"Section 10(2) and Section 10(3)","severity":"low","reasoning":"The mandatory geographic assignment of an area that may have zero enrolled electors into one of two divisions serves no electoral purpose and could complicate boundary-drawing without any democratic benefit. While not strictly impossible, it is logically anomalous to require electoral accommodation of a territory whose civilian population is negligible or zero.","confidence":0.65,"description":"Section 10(2) requires that the quota of electors be the basis for division with a maximum departure of one-fifth more or less. Section 10(3) mandatorily requires the whole of the Jervis Bay Territory to be included in one Division. The Jervis Bay Territory has had an extremely small population (historically fewer than 100 civilians). If its electors are concentrated in one Division, and the Territory's total electorate is divided equally by two (per Section 7), the mandatory inclusion of Jervis Bay Territory's tiny electorate in one Division cannot mathematically cause a breach of the one-fifth margin. However, if the Jervis Bay Territory's population were ever to be zero or negligible, Section 10(3) still mandates its inclusion in a Division — meaning a geographically distinct territory with no electors must be administratively assigned to a Division regardless of any electoral logic."},{"type":"other","section":"Section 4 (Definition of 'the Territory')","severity":"low","reasoning":"The bundling of the Jervis Bay Territory into 'the Territory' via a definition, without any substantive discussion of how or why Jervis Bay Territory residents are enfranchised through the ACT's divisions, is a drafting quirk that obscures the jurisdictional basis for Jervis Bay Territory representation. It is not strictly absurd but it is constitutionally and logically untidy.","confidence":0.7,"description":"The Act defines 'the Territory' to mean both the Australian Capital Territory and the Jervis Bay Territory together. However, the Act's short title, long title, and every popular reference concern only the Australian Capital Territory. Section 5 then provides representation for 'the Territory' (i.e., both) by two members. This means the Jervis Bay Territory — accepted under the Jervis Bay Territory Acceptance Act 1915 and geographically separate from the ACT — is folded into the ACT's electoral arrangements by definitional sleight of hand rather than by any explicit grant of representation to Jervis Bay Territory residents in its own right."}],"contradictions":[{"severity":"high","section_a":"Section 13","section_b":"Section 14 (cross-reference) / Section 15","confidence":0.92,"description":"Section 13 requires the Distribution Committee to consider all suggestions and objections 'before making its report under section 14'. However, Section 14 contains not the reporting obligation but the criminal offence of improperly influencing the Committee. The reporting obligation is in Section 15. This is an internal cross-reference contradiction: Section 13 points to the wrong section for the report, and the provision it cites (Section 14) is substantively incompatible with the concept of a 'report'."},{"severity":"medium","section_a":"Section 17(1)","section_b":"Section 17(3)","confidence":0.8,"description":"Section 17(1) states that if both Houses pass a resolution approving the division, the Governor-General 'may' (discretionary) then proclaim the Divisions. Section 17(3) provides that if either House disapproves, the Minister 'may' direct a fresh division. Together, these provisions mean that even after parliamentary approval, the Governor-General is not obliged to proclaim — and after disapproval, the Minister is not obliged to act. The Act thus provides no guaranteed path to the Territory ever having proclaimed Electoral Divisions, creating a structural contradiction between the Act's purpose (to provide for representation) and its operative mechanisms (which are entirely discretionary at every critical juncture)."},{"severity":"low","section_a":"Section 3(2)","section_b":"Section 6(2)","confidence":0.72,"description":"Section 3(2) provides that the repealed Acts continue to apply 'until the first expiry or dissolution of the House of Representatives that occurs after the commencement of this Act'. Section 6(2) requires the first division of the Territory into Electoral Divisions to be made 'before the first general election of members of the House of Representatives that occurs after the commencement of this Act'. This means the savings provision preserving the old Acts and the obligation to create new Electoral Divisions are both triggered by the same event (the first post-commencement general election), creating a temporal tension: the new divisions must be made before the election, but the old Acts remain operative until that election — meaning there is a window where both the old framework and the new division machinery are potentially operative simultaneously."},{"severity":"low","section_a":"Section 5","section_b":"Section 20","confidence":0.68,"description":"Section 5 provides that representation of the Territory shall be by 'two members elected in accordance with this Act'. Section 20 requires an election of members 'in accordance with this Act' to be held 'at the time of each general election of members of the House of Representatives'. These provisions sit in tension with Section 3(2)'s savings clause, which preserves the repealed Acts' representation framework until the first dissolution or expiry after commencement. During that transitional period, Section 5 and Section 20 purport to govern representation, but Section 3(2) keeps the old regime alive — the Act does not clearly resolve which regime governs if both are technically operative."}]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act is narrowly focused on its stated purpose: providing House of Representatives representation for the ACT and Jervis Bay Territory. It repeals and consolidates six earlier Acts on the same subject rather than expanding into new territory. Every provision — the committee structure, boundary-drawing rules, public consultation process, electoral procedures, and dispute resolution — directly serves the core objective of establishing and administering two territory electorates. There is no scope creep evident in the text."},"complexity_factors":["Small number of defined terms (only 3: 'division', 'the Jervis Bay Territory', 'the Territory')","Moderate cross-referencing between sections (e.g. sections 11, 12, 13, 14, 15 form a sequential chain)","Cross-references to external legislation (Commonwealth Electoral Act 1918-1973, the Constitution sections 32, 33, 37, 38, 42-48)","Some conditional logic in section 17 (parliamentary approval/disapproval triggers different outcomes)","Section 19 applies another Act 'with such exceptions and subject to such modifications and adaptations as are prescribed' — creating regulatory uncertainty","Section 18(2) applies Constitutional provisions only 'to the extent, if any, to which they do not apply' — a layered and somewhat convoluted conditional","Multi-stage boundary redistribution process across sections 8-17 adds procedural complexity","Short and focused overall — 22 sections with clear purpose limits overall complexity"],"plain_english_summary":"## What This Law Does\n\nThis Act establishes the right of people living in the **Australian Capital Territory (ACT) and Jervis Bay Territory** to be represented in the **House of Representatives** (the lower house of Australia's federal parliament) — and sets out exactly how that representation works.\n\n### Who Does It Affect?\n- **Residents of the ACT and Jervis Bay Territory** — they gain the right to vote for and be represented by two federal members of parliament\n- **Elected members** representing those territories — they receive the same powers, rights, and voting entitlements as members representing States\n\n### Key Things the Act Does\n\n- **Creates two seats**: The ACT and Jervis Bay Territory together are divided into two Electoral Divisions (electorates), each represented by one member of parliament\n- **Sets up a boundary-drawing process**: A temporary committee of three people (called a Distribution Committee) is appointed each time electoral boundaries need to be drawn or redrawn. The committee includes the Chief Electoral Officer and the Surveyor-General\n- **Establishes rules for drawing boundaries**: The committee must consider factors like community interests, population trends, and geography. The number of enrolled voters in each electorate must stay within 20% (one-fifth) of the average — keeping electorates roughly equal in size\n- **Requires public consultation**: Before finalising boundaries, the committee must invite public suggestions and objections, publish proposed maps at post offices, and give the public 30 days to respond\n- **Gives parliament a veto**: Both Houses of Parliament must pass a resolution approving the proposed boundaries. If either House rejects them, the committee must start again\n- **Grants full voting rights**: Territory MPs have the same powers and voting rights in the House as MPs from the States — including being counted for the quorum (the minimum number needed for parliament to conduct business)\n- **Applies standard electoral law**: Elections in the territory electorates follow the same rules as State electorates under the Commonwealth Electoral Act, with any necessary adjustments\n- **Handles election disputes**: Disputes about election results can be lodged in Canberra and heard by the High Court or referred to the ACT Supreme Court\n- **Repeals six earlier laws**: Six previous Acts dealing with ACT representation are replaced by this single consolidated Act\n\n### Why It Matters\nBefore this Act, the ACT's representation arrangements were patchwork and limited. This law firmly established that territory residents are **full participants in federal democracy** — not second-class citizens — with elected MPs who can speak and vote on any issue before the House of Representatives."}},"importantCases":[],"_links":{"self":"/api/acts/australian-capital-territory-representation-house-of-representatives-act-1973","history":"/api/acts/australian-capital-territory-representation-house-of-representatives-act-1973/history","analysis":"/api/acts/australian-capital-territory-representation-house-of-representatives-act-1973/analysis","conflicts":"/api/acts/australian-capital-territory-representation-house-of-representatives-act-1973/conflicts","importantCases":"/api/acts/australian-capital-territory-representation-house-of-representatives-act-1973/important-cases","documents":"/api/acts/australian-capital-territory-representation-house-of-representatives-act-1973/documents"}}