{"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 The *Federal Elections Act 1900* and the *Election of Senators Act 1903* are hereby repealed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Power to fix dates for election","content":"### 3 Power to fix dates for election\n\n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amended by No. 63 of 1984, s. 5 \\]* *\\[Section 4 Subsection (3) amended by No. 50 of 1989, s. 4 \\]* [*\\[Section 4 Repealed by No. 2 of 2000, s. 4, Applied:28 Apr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":{"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":"This Tasmanian state law governs how Tasmania conducts elections and fills vacancies for its representatives in the Australian Federal Senate. It affects Tasmanian voters, election officials, and prospective Senate candidates by setting the state procedures used when a Senate seat arises or is contested. Note: the full statutory text was not provided; this is a high-level summary."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Section 2 repeals earlier Federal Elections Acts, replacing prior statutory arrangements and consolidating procedural authority for Senate elections. The Act narrows operational detail into State-level proclamations and writ requirements while adding an explicit executive power to extend or modify election timing by Gazette notice (see ss2, 3, 5, 10)."},"complexity_factors":["Governor discretion to fix election dates by proclamation increases administrative discretion and timing uncertainty (s3).","Writ formalities require specified dates to be recorded on the writ, creating a strict informational duty for issuing officers (s5).","Strict nomination timing (must occur after writ issue and before noon on nomination day) imposes a concrete compliance deadline on candidates (s6).","Operational dependence on other Commonwealth election laws for appointment of polling-places introduces cross‑statute referencing and implementation dependency (s7).","Prescribing polling day as Saturday and fixed polling hours creates predictable operational constraints for officials and voters (ss8–9).","Power to extend times or address election difficulties by Gazette notice vests the executive with remedial flexibility but also creates scope for discretionary variation (s10).","Repeal of earlier federal election enactments transfers existing legal coverage into this Act, requiring attention to transitional or interpretive interactions with prior practice (s2)."],"plain_english_summary":"This Act fixes the basic mechanics for Senate elections in the State: who sets the timetable, what minimum nomination and polling rules apply, and how election dates must be recorded and varied. It centralises timing decisions with the Governor and gives election officials and candidates specific deadlines and operational rules they must follow, while allowing the executive to extend or alter times by Gazette notice. The law therefore shifts decision-making and compliance burdens onto election administrators, candidates and returning officers."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"}},"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"}}