{"id":"tas:act-1935-003","name":"Senate Elections Act 1935","slug":"senate-elections-act-1935","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"3 of 1935","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110585,"registerId":"tas-act-1935-003-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Senate Elections Act 1935](/view/html/inforce/2026-04-12/act-1935-003) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Repeal","content":"### 2 Repeal\n\n> The *Federal Elections Act 1900* and the *Election of Senators Act 1903* are hereby repealed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Power to fix dates for election","content":"### 3 Power to fix dates for election\n\n> *\\[Section 3 Amended by No. 63 of 1984, s. 4 \\]*For the purpose of an election of Senators for this State to the Senate of the Commonwealth, the Governor by proclamation may fix the dates –\n> \n> > > (a) for the issue of the writ; and\n> > \n> > > (ab) for the close of the roll of electors for the election; and\n> > \n> > > (b) on or before which candidates may be nominated (herein called \"the day of nomination\"); and\n> > \n> > > (c) for the polling; and\n> > \n> > > (d) on or before which the writ shall be returned –\n> \n> respectively.","sortOrder":2},{"sectionNumber":"4.","sectionType":"section","heading":null,"content":"### 4.\n\n*\\[Section 4 Subsection (1) amended by No. 63 of 1984, s. 5 \\]* *\\[Section 4 Subsection (1A) inserted by No. 63 of 1984, s. 5 \\]* *\\[Section 4 Subsection (2) amended by No. 63 of 1984, s. 5 \\]* *\\[Section 4 Subsection (3) amended by No. 50 of 1989, s. 4 \\]* [*\\[Section 4 Repealed by No. 2 of 2000, s. 4, Applied:28 Apr 2000\\]*](/view/html/inforce/2000-04-28/act-2000-002#GS4@EN)","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Dates to be specified in the writ","content":"### 5 Dates to be specified in the writ\n\n> *\\[Section 5 Amended by No. 63 of 1984, s. 6 \\]*The writ shall bear date as of the day of issue, and the dates fixed for the close of the roll of electors for the election, the nomination of candidates, the polling and the return of the writ shall be specified therein.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Time for nomination","content":"### 6 Time for nomination\n\n> Nomination must be made at some time after the issue of the writ, and before 12 noon on the day of nomination.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Polling-places","content":"### 7 Polling-places\n\n> The polling shall be taken at all polling-places within the State appointed under the law of the Commonwealth for the time being in force for the regulation of Parliamentary elections.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Day of polling","content":"### 8 Day of polling\n\n> The day fixed for the polling shall be a Saturday.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Hours of polling","content":"### 9 Hours of polling\n\n> *\\[Section 9 Amended by No. 63 of 1984, s. 7 \\]*The poll shall be open at 8 a.m. and shall not close until all electors in the polling-booth at 6 p.m. and desiring to vote have voted.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Power to extend time, &c.","content":"### 10 Power to extend time, &c.\n\n> *\\[Section 10 Amended by No. 50 of 1989, s. 5 \\]*The Governor, by notice in the *Gazette*, may provide for extending the time for holding the election, or for returning the writ, or meeting any difficulty which might otherwise interfere with the due course of the election, and any provision so made shall be valid and sufficient.","sortOrder":9}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"A 1935 Act with a version date of 28 April 2000 and a file modification date of 17 October 2025 creates a metadata tension. If the file was modified in October 2025 but the legislative version has not changed since April 2000, the modification either reflects non-substantive administrative changes or the version currency statement is misleading. The '3 working days' update commitment becomes logically vacuous if no substantive legislative changes have been made in 25+ years.","confidence":0.55,"description":"The legislation states it is 'usually updated within 3 working days after a change to the legislation,' yet the file was last modified on 17 October 2025 while the version is stated as 'current from 28 April 2000 to date.' This implies either no amendments have occurred in over 25 years (rendering the update frequency statement meaningless in practice), or amendments have occurred but the substantive content provided is incomplete."},{"type":"impossible_compliance","section":"Entire document as provided","severity":"high","reasoning":"Without operative provisions, no person, authority, or electoral body could determine their obligations, rights, or procedures under this Act as presented. While this may reflect an incomplete reproduction rather than a flaw in the Act itself, as presented the document is logically incapable of achieving any regulatory purpose.","confidence":0.72,"description":"The substantive operative provisions of the Senate Elections Act 1935 are entirely absent from the text provided. A piece of legislation containing no operative sections, definitions, obligations, rights, or penalties cannot logically fulfil its stated legislative purpose of regulating Senate elections."},{"type":"other","section":"Title / Jurisdiction header","severity":"high","reasoning":"Under ss. 9, 10, and 51(xxxvi) of the Commonwealth Constitution, the Commonwealth Parliament has paramount power over Senate election laws. A Tasmanian state Act titled 'Senate Elections Act' creates an inherent jurisdictional tension. While states may legislate on some ancillary matters related to Senate elections (e.g., filling casual vacancies under s. 15 of the Constitution), a standalone state Act titled as governing Senate elections broadly suggests either overreach or a very narrow and potentially redundant scope.","confidence":0.78,"description":"The Act is titled 'Senate Elections Act 1935' and is presented under Tasmanian legislation, yet the Senate is a federal institution established under the Commonwealth Constitution. A state Act purporting to govern Senate elections raises a fundamental constitutional absurdity, as Senate elections are primarily regulated by Commonwealth law (Commonwealth Electoral Act 1918), and state legislative competence in this area is constitutionally constrained and subordinate."},{"type":"other","section":"Status Information - repeated headings","severity":"low","reasoning":"Duplicated headings are almost certainly a technical rendering error rather than a legislative drafting choice, but they create ambiguity about which instance of a heading is operative and whether the duplication signals distinct provisions or mere repetition. In a strict legal interpretation context, duplicated section identifiers could undermine citation precision.","confidence":0.45,"description":"Every heading and section title in the document is duplicated verbatim (e.g., 'Status Information Status Information', 'Authorisation Authorisation', 'Currency of version Currency of version'). While likely a rendering or markup error, if taken as the authoritative text of the legislation, it creates a document that is structurally self-referential and redundant, making authoritative interpretation of any heading impossible."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'current from 28 April 2000 to date'","section_b":"Authorisation: 'File last modified 17 October 2025'","confidence":0.62,"description":"The version currency statement asserts the legislation has been in its current form since 28 April 2000, while the file modification date of 17 October 2025 implies the document was altered approximately 25 years after the stated version commencement. These two statements are in direct tension: either the version has changed (contradicting the April 2000 currency date) or the file modification reflects non-legislative changes (rendering the modification date misleading as an indicator of legislative currency)."},{"severity":"low","section_a":"Status Information: 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","section_b":"Table of Amending Instruments: reference to amendments existing via clickable link","confidence":0.58,"description":"The document simultaneously implies there have been amendments to the Act (by providing a link to a Table of Amendments) while presenting a version described as continuously current since 28 April 2000. If amendments exist in the Table of Amendments, the 25-year static version currency is contradicted. If no amendments exist, the Table of Amendments link is misleading and the 3-working-day update commitment is rendered meaningless in this context."}]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing the procedural framework for issuing writs and conducting Senate elections. Despite amendments in 1984, 1989, and the repeal of Section 4 in 2000, the core scope has not expanded beyond machinery provisions for election timing and administration."},"complexity_factors":["Very short statute (only 10 sections, with Section 4 repealed)","Minimal defined terms (only 'the day of nomination' explicitly defined)","No cross-references to other legislation except general reference to Commonwealth electoral law for polling places","Straightforward procedural rules without nested conditions or exceptions","Simple amendment history visible in marginal notes but not affecting operative complexity"],"plain_english_summary":"This law sets out the basic rules for how Senate elections are run in each Australian state. It gives the state Governor the power to set key dates for the election—when the official writ (the formal order to hold an election) is issued, when voter rolls close, when candidates must nominate, when voting happens, and when results must be returned. It also specifies that voting must take place on a Saturday, at polling places used for federal elections, between 8am and 6pm. The Governor can extend deadlines or fix problems that crop up during the election process.\n\n**Key points:**\n- **Who it affects:** Voters, candidates, and election officials in Senate elections\n- **What it does:** Provides the machinery for calling and running state-based Senate elections\n- **Why it matters:** Ensures there's a clear, consistent process for electing federal Senators, with flexibility built in for the Governor to handle unexpected issues"},"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available metadata, the Act appears to have retained its original narrow purpose of governing Senate election procedures in Tasmania since 1935. The current version dates from 28 April 2000, suggesting amendments have been made but the core scope — managing Tasmania's role in Senate elections — appears consistent with the original intent."},"complexity_factors":["Interplay between state and federal constitutional responsibilities adds a layer of jurisdictional complexity","Constitutional law context (Section 15 of the Australian Constitution regarding Senate vacancies) may be implicitly relevant","The Act dates from 1935, meaning it may use archaic drafting language","Limited actual legislative text was provided, making full complexity assessment difficult","Scope is narrow and specific, keeping overall complexity low"],"plain_english_summary":"## Senate Elections Act 1935 (Tasmania)\n\nThis is a **Tasmanian state law** dealing with the process for electing Senators to the Australian Federal Senate from Tasmania.\n\n**What it does:**\nBecause Australia has both a federal government and state governments, there are situations where state laws need to interact with federal election processes — particularly when a Senate vacancy arises and Tasmania needs to manage how its senators are chosen or replaced at the state level.\n\n**Who it affects:**\n- Tasmanian voters\n- Tasmanian state government officials involved in election administration\n- Anyone who may be nominated as a Senate candidate from Tasmania\n\n**Why it matters:**\nUnder the Australian Constitution, when a Senate vacancy occurs, the relevant state parliament (in this case Tasmania's) has a role in filling that vacancy. This Act sets out the rules and procedures Tasmania follows in that process.\n\n**Important caveat:** The actual text of this Act has not been provided — only metadata and status information is visible. Based on the title, date, and Tasmanian context, the above is an informed general summary. The Act has been on the books since 1935 and appears to have been stable, with the current version dating from 28 April 2000."}},"importantCases":[],"_links":{"self":"/api/acts/senate-elections-act-1935","history":"/api/acts/senate-elections-act-1935/history","analysis":"/api/acts/senate-elections-act-1935/analysis","conflicts":"/api/acts/senate-elections-act-1935/conflicts","importantCases":"/api/acts/senate-elections-act-1935/important-cases","documents":"/api/acts/senate-elections-act-1935/documents"}}