{"id":"a-1995-1","name":"Proportional Representation (Hare-Clark) Entrenchment Act 1994","slug":"proportional-representation-hare-clark-entrenchment-act-1994","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"1 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24167,"registerId":"act-a-1995-1-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proportional Representation (Hare-Clark) Entrenchment Act 1994","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nProportional Representation (Hare-\nClark) Entrenchment Act 1994 No 1\nRepublication No 1\nRepublication date: 13 February 2002\nAct not amended up to this date\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Proportional Representation (Hare-Clark) Entrenchment Act\n1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial\nchanges)) as in force on 13 February 2002. It also includes any amendment, repeal or expiry\naffecting the republished law.\nThe legislation history and amendment history of the republished law are set out in endnotes\n3 and 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been\nmade by an Act commencing on the republication date (see Legislation Act 2001, s 115 and\ns 117). The changes are made if the Parliamentary Counsel considers they are desirable to\nbring the law into line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an uncommenced\namendment, the symbol U appears immediately before the provision heading. The text of\nthe uncommenced provision or amendment appears only in the last endnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see Legislation Act\n2001, section 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication\ndate is—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nProportional Representation (Hare-\nClark) Entrenchment Act 1994\nContents\nPage\n1 Short title 2\n2 Commencement 2\n3 Interpretation for Act 2\n4 Entrenchment of electoral system 2\n5 Special procedures for making certain enactments 4\nEndnotes 5\n1 About the endnotes 5\n2 Abbreviation key 5\n3 Legislation history 6\n\n\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nProportional Representation (Hare-\nClark) Entrenchment Act 1994\nAn Act to entrench the principles of the proportional representation (Hare-\nClark) electoral system\n\nSection 1\npage 2 Proportional Representation (Hare-Clark)\nEntrenchment Act 1994\nR No 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Short title\nThis Act may be cited as the Proportional Representation (Hare-\nClark) Entrenchment Act 1994.\n2 Commencement\nThis Act commences on the day on which it is notified in the\nGazette.\n3 Interpretation for Act\nUnless the contrary intention appears, expressions used in this\nAct have the same meanings as in the Electoral Act 1992.\n4 Entrenchment of electoral system\n(1) This Act applies to any law that is inconsistent with any of the\nfollowing principles of the proportional representation (Hare-\nClark) electoral system:\n(a) at a general election, an odd number of members of the\nLegislative Assembly shall be elected from each electorate;\n(b) at a general election, at least 5 members of the Legislative\nAssembly shall be elected from each electorate;\n(c) voting in an election shall be compulsory;\n(d) each voter has the right to a fully preferential vote;\n(e) squares for the indication of preferences on each ballot\npaper shall appear only alongside the names of individual\ncandidates;\n(f) a voter shall not be taken to have marked any preferences\nbeyond the numbers, starting with ‘1’ for the candidate with\nthe first preference, marked by the voter in the squares\nalongside the names of individual candidates;\n\nSection 4\nR No 1 Proportional Representation (Hare-Clark)\nEntrenchment Act 1994\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) ballot papers shall be—\n(i) prepared and collated in accordance with the method\nknown as the Robson Rotation; and\n(ii) distributed and issued;\nas set out in schedule 2 of the Electoral Act 1992, being that\nschedule as in force on 1 December 1994;\n(h) a candidate whose total votes equal or exceed a relevant\nquota as defined in schedule 4 of the Electoral Act 1992,\nbeing that schedule as in force on 1 December 1994, shall\nbe declared elected;\n(j) unless the number of successful candidates is equal to the\nnumber of vacancies, any surplus votes for a successful\ncandidate shall be transferred to continuing candidates in\naccordance with the next available preferences indicated on\nballot papers that were counted for the successful candidate;\n(k) if there are no surpluses to be distributed, the candidate with\nthe least total votes shall be excluded and the ballot papers\ncounted for the excluded candidate shall be transferred to\ncontinuing candidates in accordance with the next available\npreferences (if any) indicated on each ballot paper;\n(l) where there are 2 or more eligible candidates in relation to\na casual vacancy, the vacancy shall be filled by a recount of\nthe ballot papers counted for the person who, at the last\nelection before the vacancy occurred, was elected to the seat\nin which the vacancy has occurred.\n(2) This Act applies to any law made pursuant to a power at any time\nvested in the Legislative Assembly to make a law with respect to\nthe number of members of the Legislative Assembly.\n\nSection 5\npage 4 Proportional Representation (Hare-Clark)\nEntrenchment Act 1994\nR No 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Special procedures for making certain enactments\n(1) This Act, or any amendment or repeal of this Act, has no effect\nunless it is passed by—\n(a) at least a 2/3 majority of the members of the Legislative\nAssembly; and\n(b) a majority of electors at a referendum held in accordance\nwith the Referendum (Machinery Provisions) Act 1994.\n(2) A law to which this Act applies by virtue of section 4 has no effect\nunless it is passed by—\n(a) the Legislative Assembly and passed by a majority of\nelectors at a referendum held in accordance with the\nReferendum (Machinery Provisions) Act 1994; or\n(b) at least a 2/3 majority of the members of the Legislative\nAssembly.\n\nEndnotes\nAbout the endnotes 1\nR No 1 Proportional Representation (Hare-Clark)\nEntrenchment Act 1994\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3\nare annotated in the amendment history. Full details of any amendments can\nbe obtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are listed in the legislation history and the\namendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the\nlast endnotes.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\nIf the republished law includes penalties, current information about penalty\nunit values appears on the republication inside front cover.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter p = page\ncl = clause par = paragraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly prov = provision\ndiv = division pt = part\nexp = expires/expired r = rule/subrule\nGaz = Gazette reg = regulation/subregulation\nhdg = heading renum = renumbered\nins = inserted/added reloc = relocated\nLA = Legislation Act 2001 R[X] = Republication No\nLR = legislation register s = section/subsection\nLRA = Legislation (Republication) Act 1996 sch = schedule\nmod = modified / modification sdiv = subdivision\nNo = number sub = substituted\no = order SL = Subordinate Law\nom = omitted/repealed underlining = whole or part not commenced\n\nEndnotes\n3 Legislation history\npage 6 Proportional Representation (Hare-Clark)\nEntrenchment Act 1994\nR No 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nProportional Representation (Hare-Clark) Entrenchment Act 1994\nA1995-1\nnotified 2 May 1995 (Gaz 1994 No S85)\ncommenced 2 May 1995 (s 2)\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n© Australian Capital Territory 2002","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of entrenching the Hare-Clark electoral system. The scope has not expanded beyond protecting the specific voting mechanics and establishing special amendment procedures."},"complexity_factors":["Very short statute (only 5 sections, 4 pages of substantive content)","Minimal defined terms (only incorporates definitions by reference from the Electoral Act 1992)","Simple conditional structure: identifies protected principles in section 4, then sets out special amendment procedures in section 5","No nested exceptions or complex cross-referencing beyond the single reference to the Electoral Act 1992 for definitions and specific schedule provisions","Clear, enumerated list of 12 protected principles in section 4(1)(a)-(l)","Straightforward procedural requirements (two-thirds majority or referendum) without intricate timing or administrative conditions"],"plain_english_summary":"This law entrenches the ACT's Hare‑Clark system by protecting key features—odd-numbered electorates (min 5), compulsory and fully preferential voting, Robson Rotation, detailed counting and quota rules, and vacancy procedures—making them very hard to change.\n\nIt affects ACT voters, candidates and the Legislative Assembly. Any amendment requires either a two‑thirds Assembly majority plus a public referendum, or a simple Assembly majority plus a public referendum, ensuring major consensus before altering the voting system."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"As republished, the Act remains in its original form: it entrenches specified Hare‑Clark principles (freezing certain schedule provisions as at 1 December 1994) and imposes special procedures for amendment or repeal (s4, s5). The republished text shows no substantive amendments to its scope."},"complexity_factors":["Extensive cross‑references to the Electoral Act 1992 and specific schedules frozen as at 1 December 1994 (s4), requiring readers to consult other instruments.","Dual amendment routes and thresholds: 2/3 Assembly majority or referendum plus majority of electors, producing procedural complexity (s5).","Broad phrasing ('any law that is inconsistent') creates interpretive questions about what changes are captured and when a conflict arises (s4).","Explicit coverage of laws about the number of Assembly members expands scope beyond ordinary electoral rules (s4(2)).","Dependence on the Referendum (Machinery Provisions) Act for voting procedures means implementation details sit in external legislation (s5).","Limited internal definitions: the Act relies on external definitions and dated versions of schedules, increasing legal tracing and compliance burden."],"plain_english_summary":"**What it does:** Entrenches key elements of the ACT's Hare‑Clark proportional representation system and makes ordinary laws that conflict with those elements ineffective unless changed by special procedures.  \n\n**Who it affects and why it matters:** It limits what the Legislative Assembly can alter (including rules on ballots, counting and compulsory fully‑preferential voting) and forces either a 2/3 Assembly majority or a successful public referendum to change those rules (s4, s5), shifting the practical cost of change onto lawmakers and the electorate."}},"importantCases":[],"_links":{"self":"/api/acts/proportional-representation-hare-clark-entrenchment-act-1994","history":"/api/acts/proportional-representation-hare-clark-entrenchment-act-1994/history","analysis":"/api/acts/proportional-representation-hare-clark-entrenchment-act-1994/analysis","conflicts":"/api/acts/proportional-representation-hare-clark-entrenchment-act-1994/conflicts","importantCases":"/api/acts/proportional-representation-hare-clark-entrenchment-act-1994/important-cases","documents":"/api/acts/proportional-representation-hare-clark-entrenchment-act-1994/documents"}}