This Act prescribes how Tasmania redraws Legislative Council electoral boundaries: who runs redistributions, how proposals are published and contested, public inquiries and objections, and how members are reassigned during transitions. It also requires publication, allows committees to compel information, and makes redistribution decisions final.
It affects voters, current Council members, public agencies and community groups—shaping representation, continuity of terms, and the available channels (and limits) for public influence.
This Act establishes a statutory, multi-stage process for redistributing the State into Legislative Council (Council) electoral divisions and for implementing any necessary transition arrangements for the Legislative Council following a redistribution. Mechanically the Act:
Creates two bodies for each redistribution: the Redistribution Committee (three members) and the Tasmanian Augmented Electoral Commission (the Committee plus two additional Electoral Commission members) and prescribes their composition, meeting rules and appointment mechanism (ss 4-7, schs 1-2).
Requires the Electoral Commissioner to monitor enrolment figures quarterly, to determine an average Council division enrolment (the Council division quota) and to publish those determinations (s 9; s 12).
Triggers the redistribution process either when, five or more years after a redistribution, four or more divisions vary by more than 25% from the average divisional enrolment, or when ten years have elapsed since the last Committee appointment; on a trigger the Electoral Commissioner must recommend reappointment of the Committee and Tasmanian Augmented Commission (s 10).
Prescribes a staged redistribution procedure: the Redistribution Committee makes an initial redistribution proposal (s 13), publishes maps and reasons and invites public perusal (s 15), receives written initial objections within 28 days (s 17), and the Tasmanian Augmented Electoral Commission considers objections, holds public enquiries and may make a further redistribution proposal (ss 18-21).
Provides for further objections following a public announcement if the Augmented Commission considers its proposal significantly different (ss 21(3), 22).
Requires the Augmented Commission to make the final determination of names and boundaries, publish the determination and the substance of its conclusions on a website, and forward documents to Parliament (ss 25-27; s 30; s 30A).
Current sections
Direct links to the current provisions in Legislative Council Electoral Boundaries Act 1995.
prescribed period, in relation to an appointment of the Redistribution Committee or the Tasmanian Augmented Electoral Commission, means a period of 60 days after a recommendation by the Electoral Commissioner is given to the Minister under section 10(2) .
(c) an alternate member must have the same qualifications as the member for whom he or she is an alternate or must be acting in, or performing the duties of, that member's office; and
(a) he or she may exercise all the powers of the member for whom he or she is an alternate member; and
(b) all things done or omitted to be done by the alternate member are as valid, and have the same consequences, as if they had been done or omitted to be done by the member for whom he or she is an alternate member.
the Electoral Commissioner must recommend to the Minister having the administration of the Electoral Act 2004 that the Committee and the Tasmanian Augmented Electoral Commission be re-appointed under section 4 of this Act.
(3) The Minister must cause a copy of any such recommendation to be laid before the Legislative Council within 5 sitting days of that House after he or she receives it.
(a) [Section 13 Subsection (2) amended by No. 8 of 2017, s. 5, Applied:28 Apr 2017] the first priority is to ensure, as far as practicable, that, if the State were redistributed in accordance with the initial redistribution proposal, the number of electors enrolled in each Council division would not, 5 years after the redistribution, be less than 90% or more than 110% of the average Council division enrolment;
(b) the second priority is the community of interest within each Council division.
(b) the Redistribution Committee may adopt a margin of allowance to be used when necessary–
but in no case is any variation from the Council division quota to exceed 10%.
14
Reasons for initial redistribution proposal
14 Reasons for initial redistribution proposal
(1) The Redistribution Committee must state, in writing, the reasons for an initial redistribution proposal made by it under section 13(1) .
(2) A member of the Redistribution Committee who disagrees with an initial redistribution proposal may state in writing the reasons for his or her disagreement.
15
Notice of initial redistribution proposal
15 Notice of initial redistribution proposal
(1) The Redistribution Committee must, as soon as practicable after it has made an initial redistribution proposal –
(a) cause a map or maps showing the names and boundaries of each proposed electoral division to be exhibited at each public office; and
(2) A notice published in a newspaper circulating generally or regionally in the State is to contain a map or maps showing the names and boundaries of each proposed electoral division.
On the publication of the notice referred to in section 15(1)(c) , the Redistribution Committee may, whether by issuing a statement to the media or otherwise, give public notification of a summary of the essential features of the initial redistribution proposal to which the notice relates.
Division 4
Objections and inquiries by Tasmanian Augmented Electoral Commission
Division 4 Objections and inquiries by Tasmanian Augmented Electoral Commission
(d) the right of members of the public to obtain from any public office statistics, electoral maps and any other information on the initial redistribution proposal.
[Section 24 Amended by No. 38 of 2023, s. 48, Applied:01 Jul 2024] A witness requested by the Redistribution Committee or the Tasmanian Augmented Electoral Commission to appear at an inquiry is entitled to such allowances for his or her travelling and other expenses as the Governor may approve.
Division 5
Determination by Tasmanian Augmented Electoral Commission
Division 5 Determination by Tasmanian Augmented Electoral Commission
(c) the initial redistribution proposal made by the Committee and its reasons for it; and
(d) if a member of the Committee has stated in writing the reasons for his or her disagreement with the initial redistribution proposal, those reasons; and
(2) [Section 27 Subsection (2) amended by No. 31 of 1998, s. 42, Applied:28 Jul 1998] The President of the Legislative Council and the Speaker of the House of Assembly must cause the copies of the initial redistribution proposal, reasons, objections, written record and determination referred to in subsection (1) to be laid before the appropriate House of Parliament on the next sitting-day of that House after receiving them.
28
Decisions and determinations under this Part final, &c.
28 Decisions and determinations under this Part final, &c.
(2) Without limiting the generality of subsection (1) , this Part (other than sections 12 , 25(1) , (3) and (4) and this section) is directory only and any failure to comply with it, whether in whole or in part, does not invalidate a decision of a kind referred to in subsection (1) of this section.
(2) In the case of the first determination following the commencement of the Parliamentary Reform Act 1998 , the determination made under subsection (1) is to contain provisions to implement the reduction of the number of members of the Legislative Council from 19 to 15.
(3) The reduction referred to in subsection (2) is to be completed by no later than the completion of the third annual periodical election conducted after the first determination following the commencement of the Parliamentary Reform Act 1998 .
(b) reduce or extend the term of a member of the Legislative Council; and
(c) determine the year of the periodical election at which a member is to retire; and
(d) establish the periodical cycle of elections for Council divisions; and
(e) for the purpose of establishing a periodical cycle of elections for Council divisions, specify a term of less than 6 years in respect of a member for a Council division; and
(f) fix the amount of compensation payable, if any, to a member of the Legislative Council in respect of the reduction of his or her term as a member; and
(g) determine the effect, if any, on compensation payable to a member under paragraph (f) who is elected to represent a Council division or an Assembly division after the member's term has ceased by operation of a determination under section 29A(1) ; and
(h) in the case of the first determination next following the commencement of the Parliamentary Reform Act 1998 , specify, for each year until the number of members of the Council is reduced to 15, the number of members including the President, or the person chosen to preside in his or her absence, who must be present for the Council to be competent to despatch any business.
(b) the continuity of representation in respect of both members and electors;
(c) the periodical cycle of concurrent elections in Council divisions not generally sharing a common boundary;
(d) the principle that a member will generally be allocated to a new Council division where the electors from the member's current division comprise the greater number of electors in the new division;
(1) [Section 29B Subsection (1) amended by No. 38 of 2023, s. 56, Applied:01 Jul 2024] As soon as practicable after it makes its determination under section 25 , the Tasmanian Augmented Electoral Commission must give reasonable notice, published in accordance with section 30 , of its intention to hold a hearing into matters relating to transition arrangements to implement the redistribution of the State in respect of the Legislative Council and the time and place at which the hearing is to commence.
(2) The notice referred to in subsection (1) is to include an invitation to any person to appear at the hearing or make a written submission relating to the transition arrangements referred to in subsection (1) before the date of the hearing.
to be made available for perusal and supply at each public office; and
(b) by notice, published in accordance with section 30 , invite public attention to the availability for perusal and supply of copies of the initial transition proposal.
(2) [Section 29F Subsection (2) amended by No. 38 of 2023, s. 60, Applied:01 Jul 2024] A notice published under subsection (1)(b) is to include a statement to the effect that a person or organisation may, within the period of 14 days after publication, lodge with the Tasmanian Augmented Electoral Commission a written comment, suggestion or objection in relation to the initial transition proposal.
29G
Consideration of comments, suggestions and objections
29G Consideration of comments, suggestions and objections
(1) [Section 29H Subsection (1) amended by No. 38 of 2023, s. 62, Applied:01 Jul 2024] Before the Tasmanian Augmented Electoral Commission commences an inquiry under section 29G , it must give reasonable notice, published in accordance with section 30, of its intention to hold the inquiry, the subject of the inquiry and the time and place at which the inquiry is to commence.
(a) the written submissions relating to the transition arrangements to implement the redistribution of the State in respect of the Legislative Council made in accordance with section 29B ; and
(2) The President of the Legislative Council and the Speaker of the House of Assembly must cause the copies of the written submissions, suggestions, comments, initial transition proposal, reasons, objections, written record and determination referred to in subsection (1) to be laid before the appropriate House of Parliament on the next sitting-day of that House after receiving them.
(2) [Section 31 Subsection (2) amended by No. 38 of 2023, s. 68, Applied:01 Jul 2024] Subject to this Act, a person appearing before the Redistribution Committee or the Tasmanian Augmented Electoral Commission as a witness at an inquiry has the same protection in any civil or criminal proceedings as a witness in proceedings in the Supreme Court.
Penalty: Fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months, or both.
33
Redistribution Committee or Tasmanian Augmented Electoral Commission may obtain information
33 Redistribution Committee or Tasmanian Augmented Electoral Commission may obtain information
(1) In this section, public authority means a body or authority, whether incorporated or not, established or constituted by or under an Act or under the Royal Prerogative, where the body or authority or its governing authority wholly or partly comprises persons appointed by the Governor, a Minister of the Crown or another public authority, but does not include a Government Department.
require that person to provide the Committee or the Tasmanian Augmented Electoral Commission within 14 days with such information as it may require for the purposes of this Act.
(a) [Section 34 Amended by No. 38 of 2023, s. 71, Applied:01 Jul 2024] the Governor may make arrangements with the Governor-General of the Commonwealth for the provision of information from the Australian Electoral Commission and the services of employees of that Commission to be made available to the Committee or the Tasmanian Augmented Electoral Commission; and
Information from Deputy Commonwealth Statistician, Tasmania, &c.
35 Information from Deputy Commonwealth Statistician, Tasmania, &c.
[Section 35 Amended by No. 38 of 2023, s. 72, Applied:01 Jul 2024] The Redistribution Committee or the Tasmanian Augmented Electoral Commission may seek and obtain from the Deputy Commonwealth Statistician, Tasmania or any other person any information that it requires for the purposes of this Act.
36
Redistribution Committee or Tasmanian Augmented Electoral Commission may obtain advice
36 Redistribution Committee or Tasmanian Augmented Electoral Commission may obtain advice
(a) [Schedule 2 Amended by No. 38 of 2023, s. 74, Applied:01 Jul 2024] it is necessary for at least 4 members of the Tasmanian Augmented Electoral Commission, of whom at least 2 are members of the Redistribution Committee, to vote in favour of the determination; and
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Legislative Council Electoral Boundaries Act 1995 .
2 Commencement
2 Commencement
(1) [Section 2 Subsection (1) amended by No. 8 of 1997, s. 23, Applied:01 May 1997] This Act commences on the day on which it receives the Royal Assent.
(2) [Section 2 Subsection (2) omitted by No. 8 of 1997, s. 23, Applied:01 May 1997] . . . . . . . .
3 Interpretation
3 Interpretation
[Section 3 Amended by No. 8 of 1997, s. 24, Applied:01 May 1997][Section 3 Substituted by No. 31 of 1998, s. 25, Applied:28 Jul 1998]
(1) In this Act, unless the contrary intention appears –
average Council division enrolment means the number of electors ascertained in accordance with section 9(3) ;
Committee means the Redistribution Committee;
[Section 3 Subsection (1) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005]Council division has the same meaning as in the Electoral Act 2004 ;
Council division quota means the Council division quota determined under section 12 ;
[Section 3 Subsection (1) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005]Electoral Commission means the Tasmanian Electoral Commission established under section 6 of theElectoral Act 2004 ;
[Section 3 Subsection (1) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] means the Electoral Commissioner appointed under ;
Makes decisions and determinations under Part 2 final and not subject to judicial challenge, appeal or review, including by order under the Judicial Review Act 2000 (s 28).
Provides for specific transition arrangements to implement redistributions affecting the Legislative Council, authorising the Tasmanian Augmented Electoral Commission to allocate members, shorten or extend terms, set retirement years, specify less-than-six-year terms, and fix compensation where terms are reduced (ss 29A, 29D-29J). The transition determination takes effect on its Gazette publication (s 29J(3)), and the redistribution generally takes effect from the Augmented Commission’s transition determination (s 29(1)).
Contains offences and enforcement levers: an offence for improperly seeking to influence members (penalty up to 20 penalty units or 12 months’ imprisonment) and an offence for failing to supply information required by notice (fine up to 10 penalty units) (ss 32, 33(3)).
Supplies administrative back-up: powers to obtain information from electors, State employees and public authorities (s 33), to obtain staff and information from the Australian Electoral Commission and State agencies (s 34), and to obtain external advice (s 35-36). A range of publication channels are mandated for notices (s 30) and the Act requires reasons for proposals and determinations to be recorded and made publicly available (ss 14, 26, 29E, 29K).
Official priority language in the Act requires the Redistribution Committee and the Augmented Commission to place the first priority on achieving, as far as practicable, a distribution such that five years after redistribution each division would contain between 90% and 110% of the average Council division enrolment; the second priority is community of interest within each division (s 13(2)). The Act also allows limited numerical flexibility: the Committee may adopt a margin of allowance but no variation from the quota may exceed 10% (s 13(4)). These are policy-embedded mechanical constraints which the decision-makers must apply when making proposals and determinations.
The Act thereby centralises enrolment-based boundary design, builds in public consultation and inquiry, requires published reasons, and finalises decisions against judicial review, while providing administrative powers to gather information and to manage transition effects on sitting members.
Main concepts
This section sets out the Act’s recurring legal concepts and their mechanical meaning within the statute.
Council division / electoral division: The Act uses “Council division” interchangeably with “electoral division” and imports the meaning from the Electoral Act 2004 (s 3(1); see also s 13(1) which requires redistribution into the number of Council divisions specified by the Constitution Act 1934, s 18). The composition and design of those divisions are the subject of Part 2.
Average Council division enrolment and Council division quota: The Act requires the Electoral Commissioner to ascertain enrolment figures as at specified quarter days, and to calculate the average Council division enrolment as the nearest whole number obtained by dividing the State’s enrolled electors by the number of Council divisions (s 9(2)-(3)). For each redistribution the Council division quota is the average enrolment as at a date nominated by the Electoral Commissioner and must be published (s 12(1)-(2)). The quota is the numeric starting point for proposals (s 13(4)(a)).
Initial redistribution proposal, initial objection, further redistribution proposal and further objection: Definitions added and updated by amendment are in s 3(1). Mechanically, the Redistribution Committee makes an initial proposal (s 13). That triggers exhibition and a 28‑day window for written initial objections to the Tasmanian Augmented Electoral Commission (ss 15, 17). After inquiries, the Augmented Commission makes a further redistribution proposal and may invite further objections within 7 days if that proposal is “significantly different” (s 21(3), s 22(1)).
Priorities and criteria for drawing boundaries: The Act sets a statutory two-tier priority list for proposals: first, numeric parity such that after five years each division is, as far as practicable, between 90% and 110% of the average enrolment (s 13(2)(a)); second, community of interest (s 13(2)(b)). The Committee must also consider communication and travel, physical features, existing boundaries and natural boundaries, while being free to give those matters such weight as it determines (ss 13(3)-(3A)). The Committee may adopt a margin of allowance but cannot vary from the quota by more than 10% (s 13(4)(b)).
Finality and directory provisions: The Act treats decisions under Part 2 as final and non‑justiciable, excluding judicial review and other court orders (s 28(1)(a)-(c)). Section 28(2) states that Part 2 (other than certain specified provisions) is directory only, so procedural non‑compliance with some parts does not invalidate a decision of the kind made under Part 2.
Transition arrangements for the Legislative Council: The Act gives the Tasmanian Augmented Electoral Commission power to make transition determinations to implement redistributions affecting the Council, including allocating members to new divisions, changing terms, fixing compensation where terms are reduced, and establishing election cycles , subject to stated constraints and considerations (s 29A). The first determination after the Parliamentary Reform Act 1998 must contain provisions to reduce Council size from 19 to 15 and complete that reduction by the third annual periodical election after that first determination (s 29A(2)-(3)).
Publication and transparency: The Act mandates public exhibition of maps and descriptions at public offices, publication in the Gazette, in multiple newspapers and by other means the decision-maker considers appropriate (s 15; s 30). Website publication obligations (including of reasons and findings) are included in multiple sections (s 9(4), s 25(4), s 26(3), s 19(2), s 21(4), s 29K(3)). A printed copy must be provided on request when information is published on a website (s 30A).
Information and compulsion: The Committee and Augmented Commission can serve written notices requiring persons named on electoral rolls, State Service or public authority employees and other persons to provide information within 14 days (s 33(2)); failure attracts a penalty (s 33(3)). The Act also authorises arrangements for staff and information from the Australian Electoral Commission and State agencies (s 34), and permits obtaining advice from the Deputy Commonwealth Statistician or others (s 35-36).
Protections and offences: Committee members and Augmented Commission members are given judicial‑judge‑equivalent protection and immunity for functions performed (s 31(1)), and witnesses have protections comparable to those in Supreme Court proceedings (s 31(2)). An offence of improperly seeking to influence a member carries up to 20 penalty units or 12 months’ imprisonment (s 32).
These concepts interlock: numeric quota calculations and periodic ascertainments trigger the administrative machinery; that machinery produces proposals that must be publicly exhibited, interrogated by submissions and inquiries, and finally determined; transition mechanisms apply specifically to the Legislative Council, and statutory finality constrains the role of courts.
Who it affects
The Act identifies the concrete classes of persons and bodies who are directly affected by its mechanics and who therefore will need to act, respond or make administrative provision.
Electoral Commissioner and Tasmanian Electoral Commission: The Electoral Commissioner has multiple statutory duties: quarterly ascertainment of enrolment figures (s 9), determination of the Council division quota for redistributions and publication of that determination (s 12), recommending reappointment of the Redistribution Committee when triggers in s 10 arise, and providing information on public request (s 9(4)-(5); s 10(2)-(3); s 30A). The Tasmanian Electoral Commission’s chairperson and a member sit on the Tasmanian Augmented Electoral Commission (s 6(1)).
Redistribution Committee and Tasmanian Augmented Electoral Commission: The Redistribution Committee (three members: Electoral Commissioner as chair, Surveyor‑General, and a nominee of the Australian Statistician) must make the initial redistribution proposal and reasons (ss 5, 13, 14). The Tasmanian Augmented Electoral Commission (the Committee plus two Electoral Commission members) must consider objections, hold inquiries, make further proposals and make the final determination (ss 6, 18, 21, 25). Schedules 1 and 2 set meeting, quorum and voting rules; Schedule 2 clamps voting thresholds for determinations (sch 2 cl 7).
Governor and Minister: The Governor appoints the Committee and Augmented Commission by Gazette notice within a prescribed period after the Electoral Commissioner’s recommendation; the appointment notice must specify members, purposes and period (s 4(1)-(3A)). The Minister must cause the Electoral Commissioner’s recommendation to be laid before the Legislative Council (s 10(3)); administration of the Act is assigned to the Minister for Justice until otherwise ordered (s 38).
Members of the Legislative Council: A redistribution and the transition arrangements can alter the allocation of members to divisions, shorten or extend terms, and require compensation to be fixed for term reductions (s 29A(5)(a)-(g)). The Act directs the Augmented Commission to have particular regard to continuity of six‑year terms and representation, fairness, and whether a member’s electors form a majority of electors in a new division (s 29A(9)-(10)).
Electors and organisations: Individual electors and organisations have the right to lodge written initial objections to an initial redistribution proposal within 28 days after publication (s 17). If the Augmented Commission’s further proposal is significantly different, those who were entitled to make initial objections may lodge further objections within seven days (ss 21(3), 22(1)). Electors whose names appear on the electoral roll may be required by notice to provide information (s 33(2)(a)). Members of the public have rights to peruse maps and descriptions at public offices and access website publications; printed copies must be provided on request when material is published online (s 15; s 30A).
State Service officers and agency heads: The Act authorises the Minister to make arrangements for State Service officers to support the Committee and Augmented Commission (s 34(b)). A State Service officer who is a member of the Committee or Augmented Commission is not entitled to sitting fees unless the Governor approves (s 8(2)). Persons who are State Service officers may be required to provide information on notice under s 33(2)(b).
The Australian Electoral Commission and Commonwealth Statistician: The Act contemplates formal arrangements with the Governor‑General and the Australian Electoral Commission for provision of information and staff (s 34(a)), and specifically positions the Committee to invite information from the Deputy Commonwealth Statistician (s 35). The Australian Statistician nominates one member of the Redistribution Committee (s 5(1)(c)).
Witnesses, submitters and interested persons: The Augmented Commission holds inquiries in public subject to specified exceptions (s 20). Witnesses have protections equivalent to Supreme Court witnesses (s 31(2)) and are entitled to allowances approved by the Governor if requested to appear (s 24). Persons may be permitted to give evidence by verified written statement or to appear at hearings (ss 20(6)-(9); 29B).
Costs and administrative burdens fall mainly on government agencies and the Electoral Commission: publishing in multiple media (s 30), hosting public offices for inspection (s 15), maintaining website material and providing printed copies on request (ss 25(4), 26(3), 30A), convening inquiries and hearings, and providing staff or arranging for external assistance (s 34). The Act also imposes limited compliance obligations on named individuals and employees required to provide information (s 33) and restricts contact that would constitute improper influence (s 32).
Key duties and rights
This section breaks down the statutory duties placed on primary actors and the rights given to participants in the redistribution process, with direct references.
Duties of the Electoral Commissioner
Ascertain, as soon as practicable after each quarter day (last day of Jan, Apr, Jul, Oct), the number of electors in each electoral division, determine the average Council division enrolment and the extent of divergence from the average, make that determination in writing and publish the statement on the Electoral Commission’s website and make it available at the Commission office (s 9(2)-(5)). The average is the nearest whole number obtained by dividing the State’s enrolled electors by the number of Council divisions (s 9(3)).
For each redistribution, determine the Council division quota as the average enrolment at a nominated date and publish notice of that determination in accordance with s 30 (s 12(1)-(2)).
Recommend to the Minister that the Redistribution Committee and Augmented Commission be re‑appointed if the triggers in s 10(2) apply (s 10(2)); the Minister must lay any such recommendation before the Legislative Council within five sitting days (s 10(3)).
Duties of the Redistribution Committee
Make an initial redistribution proposal for the State into the number of Council divisions specified in the Constitution Act 1934 s 18 (s 13(1)).
Apply the statutory priorities when making an initial proposal: first priority to ensure, as far as practicable, that five years after redistribution each division will contain between 90% and 110% of average enrolment; second priority to community of interest (s 13(2)). After those priorities, consider communication and travel, physical features, existing boundaries and natural boundaries, giving such weight as it determines (ss 13(3)-(3A)).
Use the Council division quota as the basis and may adopt a margin of allowance but cannot exceed a 10% variation from quota (s 13(4)).
State in writing the reasons for its initial redistribution proposal and allow a dissenting member to record written reasons (s 14).
Exhibit maps and make descriptions and reasons available for perusal and supply at each public office and notify the public by prescribed notice (s 15).
Rights of the public, objections and inquiries
Any person or organisation may lodge, within 28 days after the Gazette notice referred to in s 15(1)(c), a written comment, suggestion or objection against the initial redistribution proposal with the Tasmanian Augmented Electoral Commission (s 17).
The Tasmanian Augmented Commission must consider each initial objection, complete consideration as soon as practicable and in any event within 60 days after the expiry of the 28‑day objection period (s 18(1)-(2)). The Commission must hold an inquiry into each initial objection unless it considers the objection frivolous or vexatious; it may hold one inquiry into multiple objections (s 18(3)-(4)).
Before holding an inquiry, the Commission must give reasonable notice published under s 30 of its intention, subject of inquiry, time and place and the address of the website with required information (s 19(1)-(2)). The Commission must publish on a website the notice, reasons for the initial redistribution proposal, a summary of the Act and process, and how decisions will have effect (s 19(2)).
Duties of the Tasmanian Augmented Electoral Commission
Consider initial objections, hold inquiries, make a further redistribution proposal and public announcement, and publish on a website the further proposal, the Commission’s findings and the substance of conclusions concerning objections (s 21(1)-(4)).
State in writing the reasons for its determinations and permit dissenting members to state reasons in writing (s 26).
Make the final determination of names and boundaries by notice published in accordance with s 30 and publish the substance of findings and conclusions on a website (s 25(1), (4)). Forward copies of specified documents (initial proposal, objections, records, determination and reasons) to both Houses of Parliament as soon as practicable after determination (s 27(1)-(2)).
Determine transition arrangements to implement redistribution for the Legislative Council (s 29A). The Commission must give public notice and hold a hearing into transition arrangements (ss 29B-29C), prepare an initial transition proposal, publish reasons, receive comments and objections (ss 29D-29G) and conduct inquiries and hearings with procedures modelled on Part 2 inquiry rules (ss 29H-29I). The final transition determination takes effect on Gazette publication and must be forwarded to both Houses (ss 29J-29L).
Administrative and information duties
The Committee and Commission may obtain information by written notice from persons on electoral rolls and from State Service officers and public authority employees and must be supplied with information from the Australian Electoral Commission subject to arrangements (s 33; s 34). Persons served with a notice under s 33(2) must supply required information within 14 days or face a fine up to 10 penalty units (s 33(3)).
Legal rights and constraints
Decisions and determinations made under Part 2 are final and conclusive and not subject to judicial review or other orders in courts (s 28(1)(a)-(c)). However, s 28(2) states that Part 2 (other than certain enumerated provisions) is directory only and procedural failures will not invalidate decisions of the kind referred to in s 28(1).
Financial and procedural entitlements
Members are entitled to sitting fees, travel and other allowances as approved by the Governor; State Service members are not entitled to sitting fees unless the Governor approves (s 8).
Witnesses requested to appear are entitled to travelling and other expense allowances approved by the Governor (s 24).
Offences and protections
It is an offence to improperly seek to influence a member of the Committee or Commission in the performance of duties (s 32). Members have protection and immunity akin to a Supreme Court judge when performing duties; witnesses have protections in civil and criminal proceedings comparable to Supreme Court witnesses (s 31).
In combination these duties and rights create a procedural sequence of numeric determination, initial proposal, public exhibition, objection and inquiry, further proposal, and final determination, with layered transparency duties, compulsion powers for information, and statutory finality for the outcome.
Penalties and enforcement
The Act provides a narrow suite of criminal and civil enforcement measures aimed at protecting the integrity of the redistribution process and ensuring co‑operation with information requests, as well as administrative protections for decision-makers.
Improper influence (s 32)
Offence: A person must not improperly seek to influence a member of the Redistribution Committee or the Tasmanian Augmented Electoral Commission in their statutory duties (s 32).
Penalty: Fine not exceeding 20 penalty units, or imprisonment not exceeding 12 months, or both (s 32). The Act does not elaborate the statutory elements of “improperly seek to influence” within the text provided; the section establishes the offence and maximum penalty but not the evidentiary standard.
Mandatory information notices and penalty for non‑compliance (s 33)
The Redistribution Committee or the Tasmanian Augmented Commission may, by written notice, require persons whose names and addresses appear on the electoral roll (or who are qualified to be on such a roll) or persons who are State Service officers or employees of public or local authorities to provide information necessary for the Act’s purposes within 14 days (s 33(2)).
Offence and sanction for non‑compliance: A person who fails to provide information as required is guilty of an offence and liable on summary conviction to a fine not exceeding 10 penalty units (s 33(3)). The Act specifies the time limit (14 days) but does not set out defences or administrative review within s 33 itself.
Finality and bar on judicial review (s 28)
Non‑judicial remedial posture: Section 28(1) states that a decision or determination made by the Redistribution Committee or Tasmanian Augmented Electoral Commission under Part 2 is final and conclusive and may not be challenged, appealed, reviewed, quashed, set aside or called in question in any court or tribunal on any ground. Section 28(1)(c) specifically states decisions are not subject to an order of review under the Judicial Review Act 2000.
Directory rule: Section 28(2) qualifies that Part 2 (other than sections 12, 25(1), (3) and (4) and s 28 itself) is directory only and failures to follow those parts do not invalidate a decision referred to in s 28(1). The Act therefore preserves substantial procedural discretion but makes the outcome of the process insulated from judicial challenge.
Protections for members and witnesses (s 31)
Immunity for members: A member of the Committee or Commission has, in performance of duties, the same protection and immunity as a judge of the Supreme Court (s 31(1)).
Witness protections: A person appearing before the bodies as a witness has the same civil and criminal proceeding protection as a witness in Supreme Court proceedings (s 31(2)). These protections reduce the risk of collateral litigation against decision-makers or witnesses for actions taken or testimony given in the course of an inquiry.
Administrative levers
The Governor may approve sitting fees, travel and allowances for members, and travel allowances for witnesses (s 8; s 24).
The Act authorises the Governor and Minister to make arrangements for staff and information from the Australian Electoral Commission and State agencies to support the Committee and Augmented Commission (s 34). That is an administrative enforcement lever that enables the statutory machinery to be resourced.
Practical enforcement consequences
The Act sets criminal exposure for attempts at improper influence (a deterrent aimed at integrity), and fines for failure to supply information in response to a statutory notice. However, the principal enforcement mechanism for the redistribution process is structural: decisions, once made under Part 2, are final and not subject to judicial review, which places a premium on procedural fairness during the statutory process itself (publication, inquiries and rights to be heard) because remedies after decision are limited by s 28.
Note that the Act does not provide a detailed enforcement or investigative regime (no specified powers of entry, no coercive search powers), and the two statutory offences and information‑compulsion penalty are the principal criminal sanctions shown in the text provided.
How it interacts with other laws
The Act cross‑references and operates alongside several other statutes and bodies; those cross‑links determine delegation, interpretive boundaries and administrative interactions.
Electoral Act 2004 and Electoral Commission roles
Definitions and roles: The Act imports the meaning of Council division from the Electoral Act 2004 (s 3(1)). The Electoral Commissioner referred to throughout is the Electoral Commissioner appointed under s 14 of the Electoral Act 2004; the Electoral Commission referred to in s 3(1) is the Tasmanian Electoral Commission established under s 6 of that Act. Those cross‑references tie redistribution responsibilities into the statutory architecture of the electoral administration (s 3(1)).
Constitution Act 1934
Number of divisions and periodical election cycle: Section 13(1) requires the Redistribution Committee to make an initial proposal for redistribution into the number of Council divisions specified by s 18 of the Constitution Act 1934. Section 29A(4) requires the Augmented Commission, in making transition arrangements, to ensure the annual periodical cycle of Legislative Council elections specified in s 19 of the Constitution Act takes effect as soon as practicable after its determination. Redistribution and transition arrangements therefore must respect and implement constitutional provisions.
Judicial Review Act 2000
Exclusion from review: Section 28(1)(c) explicitly provides that decisions under Part 2 are not subject to an order of review under the Judicial Review Act 2000. Combined with s 28(1)(a)-(b), the Act takes judicial review and other court remedies off the table for decisions and determinations made under Part 2.
Acts Interpretation Act 1931
Governor references: Section 3(2) states the definition of “the Governor” in s 43(1) of the Acts Interpretation Act 1931 does not apply to the Governor references in this Act. That establishes that the ordinary default interpretive definition in the Acts Interpretation Act is disapplied for this Act’s references to the Governor; the mechanical implications depend on the context of appointment and Gazette notices under s 4.
State Service Act 2000 and Administrative Arrangements Act 1990
Staff and administration: Section 34(b) permits the Minister, with the approval of the relevant Minister, to make arrangements for the services of State Service officers and employees in Agencies, within the meaning of the State Service Act 2000, to be made available to the Committee or Augmented Commission. Section 38 assigns administration of the Act to the Minister for Justice until an administrative arrangements order under s 4 of the Administrative Arrangements Act 1990 allocates otherwise. These cross‑references set the administrative lines for staff resourcing and departmental responsibility.
Commonwealth arrangements and statistics
Australian Electoral Commission and Commonwealth Statistician: Section 34(a) allows the Governor to make arrangements with the Governor‑General of the Commonwealth for provision of information from the Australian Electoral Commission and the AEC’s employees’ services. Section 5(1)(c) (and s 35) brings in a nominee of the Australian Statistician and allows seeking information from the Deputy Commonwealth Statistician, Tasmania. These references enable Commonwealth data and expertise to be used in Tasmania’s redistributions.
Judicial posture and other laws
By making decisions final and non‑reviewable (s 28), the Act interacts substantively with the general law powers of judicial review and with the Judicial Review Act 2000. Its s 28(2) carve‑out that much of Part 2 is directory only affects the extent to which procedural non‑compliance engages other laws.
Amendments and transitional interactions
The Act contains transitional provisions that interact with other amending instruments, for example the Parliamentary Reform Act 1998 and the Legislative Council Electoral Boundaries Amendment Act 2017 as referenced in ss 9(2), 29A(2) and s 37A. Section 37A sets specific transitional rules about the 2017 amending Act’s changes not applying to redistribution steps already undertaken in 2017 and confirms s 29(2) amendment application in relation to 2017 determinations.
Publication and access rights
Publication obligations (s 30) require notices to be in the Gazette and multiple newspapers and “such other means” as the decision-maker considers appropriate. The Act also mandates website publication of reasons and findings in a number of sections (s 19(2), s 25(4), s 26(3), s 21(4), s 29K(3)) and a duty to provide printed copies on request (s 30A). These obligations intersect with administrative obligations under the Electoral Act and departmental information policy.
Taken together, the Act’s cross‑references integrate redistribution functions within Tasmania’s electoral framework, link them to constitutional election cycles, allow operational cooperation with Commonwealth bodies and State agencies, and carve out a largely non‑justiciable administrative space for boundary determinations while imposing public consultation and publication duties.
Amendment history
The statutory text supplied contains embedded amendment annotations identifying the principal legislative changes, the amending instrument, and application dates. The timeline below summarises those annotations as they appear in the source.
Early amendments and insertions:
No. 60 of 1995 inserted s 7A (filling casual vacancies) and other earlier provisions; s 4(3) and s 4(3A) reflects insertions (applied as indicated in text).
No. 8 of 1997: s 2 commencement subsection amendments and several repeals (applied 1 May 1997), and substitution of s 25(1) applied 1 May 1997 (see s 25).
Major 1998 re‑write (No. 31 of 1998, many substitutions and insertions, applied 28 Jul 1998):
Substituted or amended many core provisions: s 3 (interpretation), s 4 (appointments), s 5 (Redistribution Committee composition), s 6 (Tasmanian Augmented Electoral Commission), s 9 (quarterly ascertainment), s 10 (commencement of redistributions), s 12 (quota), s 13 (initial redistribution proposal), s 14 (reasons), s 15 (notice), s 16, s 18 (consideration of objections), s 20 (procedure at inquiries), s 21 (further redistribution proposals), s 25 (redistribution of State), s 26 (reasons for determination), s 27 (copies to Parliament), s 28 (finality), s 29 (effective date), and inserted Part 2 Division 5A (ss 29A-29L) and Schedule 2 cl 7 regarding voting threshold , a comprehensive restructure of the redistribution procedure.
2000-2001 amendments:
No. 86 of 2000 and No. 54 of 2000 (Schedules and amendments applied 1 May 2001 and 1 Dec 2001 respectively) addressed entitlement of State Service employees and s 28(1)(c) exclusion from Judicial Review Act 2000 (JS4 noted); s 8(2) and s 33(2)(b) reflect these changes.
2004-2005 amendments:
No. 53 of 2004 (Sched. 1) applied 16 Feb 2005: multiple clarifications and linkages to the Electoral Act 2004; substitution of definitions in s 3(1) to refer to Electoral Commission, Electoral Commissioner and Council division; amendments to s 5 and other cross‑references.
2007 amendments:
No. 28 of 2007 (applied 13 Sep 2007): amendments to s 6(1) membership composition and other minor edits (e.g., s 9(4) amendments), and other drafting changes.
2009 amendments adding modern publication and website duties:
No. 74 of 2009 (applied 7 Dec 2009) introduced multiple sections requiring website publication and public announcement details (see s 19(1)-(2), s 21(3)-(4), s 25(4)-(5), s 29J(4), s 29K(3), s 30A insertion regarding printed copies of website‑published information).
2017 amendments:
No. 8 of 2017 (applied 28 Apr 2017): amendments to s 10 and s 13, with transitional provision s 37A to preserve the application of earlier rules to 2017 initial/further proposals and determinations as specified. Section 37A confirms limited retrospective application and carve‑outs for redistributions and determinations in 2017.
Recent 2023 amendment:
No. 38 of 2023 (applied 1 Jul 2024): extensive amendments across the Act. The 2023 amendment inserted or amended definitions (including initial/further objection terminology in s 3), introduced the concept of a prescribed period of 60 days in s 4(1) for appointments, amended appointment and dissolution timing (s 4), updated membership and alternate member provisions (ss 5-7), clarified publication, website and process obligations (s 19(2), s 21(3)-(4), s 30), added or adjusted procedural timeframes and public access duties (e.g., s 18(1)-(3), s 20 changes), and made multiple updates to Schedule 2 meeting and voting rules (sch 2 cl 7). The 2023 amendments are widely annotated across the supplied text.
Other insertions and miscellaneous changes:
Several provisions were inserted or amended by different instruments over time (e.g., s 7A insertion by No. 60 of 1995; s 30A inserted by No. 74 of 2009), and Schedule 1 and Schedule 2 have been amended iteratively (e.g., sch 2 cl 1-9 reflecting 1998, 2004, 2009 and 2023 amendments).
The source text is annotated with the specific section numbers and the amending Act references where each change occurred. Users relying on this Act should consult the consolidated text and the notes to confirm the exact current wording and historical application dates for particular provisions of interest, particularly for provisions altered by the 1998 and 2023 overhauls and by the 2009 website/publication changes.
Litigation history
The provided statutory text contains no judicial decisions, cases or reported litigation history. The Act itself, however, sets an explicit legal posture limiting litigation:
Section 28(1) makes decisions and determinations under Part 2 final and conclusive and states they may not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court or tribunal on any ground. Section 28(1)(c) expressly provides that such decisions are not subject to an order of review under the Judicial Review Act 2000.
Section 28(3) clarifies that the reference to a decision or determination includes a refusal or failure to make a decision under Part 2.
Practical consequence drawn from the Act: the legislature has insulated the redistribution determinations from court intervention and from statutory judicial review mechanisms. The Act therefore expects the process itself (publication, inquiries, the right to be heard, written reasons) to be the primary locus for contestation and correction; post‑decision judicial remedies are precluded by s 28. The Act also provides immunity to members (s 31) and witness protections (s 31(2)), which further reduces avenues for collateral litigation against procedural actors.
Because the text provided does not list any reported cases, applicants, or judicial interpretations, there is no litigation record within the source to summarise. Users seeking judicial interpretations of these provisions should check external case law databases; the Act as supplied anticipates that courts will not be the forum for challenging Part 2 decisions except to the limited extent not excluded by s 28 and where other non‑Part 2 legal remedies may apply.
Gotchas
The Act contains several technical features and drafting choices that create potential pitfalls for administrators, members, affected parties and legal advisers. These are the concrete risks and traps that arise from the statutory mechanics rather than policy commentary.
Finality with limited procedural protection
Section 28(1) bars challenge of Part 2 decisions; consequently procedural opportunities to influence outcomes must be exercised during the statutory consultation process (publication, objections, inquiries). Because judicial review avenues are specifically excluded by s 28(1)(c), failure to participate during the 28‑day objection window (s 17) or the subsequent 7‑day further objection window (s 21(3)(c)(i) and s 22(1)) will usually foreclose legal challenge to the substance of a determination. The Act, however, also states that many provisions are directory only (s 28(2)), so tactical challenges based on peripheral publication missteps may not invalidate the outcome.
Strict and short public objection windows
Timelines are short and strict: 28 days for initial objections following the Gazette notice of exhibition (s 17); if the Augmented Commission’s further proposal is “significantly different”, an additional 7 days for further objections (s 21(3)(c)(i), s 22(1)). Missing those windows removes an affected person’s formal statutory right to lodge objections. Practically, interested parties must monitor Gazette notices and the specified newspapers and the Commission’s website (s 15(1), s 30, s 19(1)-(2) and s 21(4)).
Publication channels and proof of publication
Notices must be published in the Gazette, in three newspapers circulating generally in the State, such regional newspapers as the decision-maker considers appropriate, and “by such other means” as the decision‑maker thinks appropriate (s 30(a)-(d)). A newspaper notice must contain a map or maps (s 15(2)). Where publication or notification is contested, the Act does not specify what proof will satisfy public notice obligations; while s 28(2) makes much of the Part directory, s 25(1), (3) and (4) and s 12 are not directory, so failures tied to those provisions may be significant.
Voting and quorum rules for final determinations
Schedule 2 clause 7 requires at least 4 members, including at least 2 members of the Redistribution Committee, to vote in favour of a determination under s 25(1) or s 29A. The chair’s casting vote cannot be used to vote in favour of a determination (sch 2 cl 7(a)-(b)). Practically, a deadlock or insufficient affirmative votes can prevent a determination; those voting rules are specific and must be observed for a valid determination.
Information notices and short compliance window
The Committee or Commission can require individuals (electors or certain employees) to provide information within 14 days (s 33(2)). Failure to comply is an offence punishable by a fine up to 10 penalty units (s 33(3)). Those receiving a notice must react promptly; the Act imposes a short statutory compliance timeline.
Finality coupled with directory provisions
Section 28(2) says that Part 2 (other than specified core provisions) is directory only, and failure to comply does not invalidate a decision of the kind referred to in s 28(1). The interplay can be complex: administrators should note which provisions are non‑directory (ss 12; 25(1), (3) and (4); s 28 itself). Mistakes concerning those non‑directory provisions (for example the requirement in s 25(4) to publish the substance of findings on a website) may carry different legal weight than lapses elsewhere.
Transition powers affecting sitting members
The Augmented Commission’s transition powers (s 29A(5)) include reducing or extending members’ terms, allocating members to divisions, specifying terms of less than six years and fixing compensation for reduced terms (s 29A(5)(a)-(f)). If the Commission uses those powers, affected members’ terms, retirement years and compensation may be altered by a statutory determination that takes effect on Gazette publication (s 29J(3)). Clause 11 of s 29A permits allocation to a new division if at least 75% of electors are preserved and, if exercised, the later provisions s 29B-29I do not apply (s 29A(11)-(12)). Legal advisers should note that participation in the hearings and submissions under ss 29B-29F is the primary procedural safeguard for members.
Publishing reasons and website obligations
The Act requires written reasons for initial proposals and final determinations (ss 14, 26) and for transition proposals/decisions (ss 29E, 29K). Many of these must be published on a website (s 26(3), s 25(4), s 29K(3)). The Act also requires printed copies of information published online to be supplied on request (s 30A). Administrative systems must therefore ensure website publication, archiving and a mechanism for providing printed copies.
Criminal offence for improper influence
The broad offence in s 32 may capture a variety of communications. The Act does not define “improperly seek to influence”; parties engaged in advocacy should take care that representations during the objection and inquiry process conform to the statutory process and do not cross into communication that could be characterised as improper influence.
No cases in the source and non‑reviewability
The Act’s bar on judicial review (s 28(1)(c)) reduces the role of litigation to challenge procedural or substantive aspects of redistributions; where remedies may exist outside Part 2’s scope (for example, constitutional challenges under other statutes or rights), those are not addressed in the text provided. Given the absence of case law in the source, practitioners should not assume judicial safety nets.
In short, the main “gotchas” are the combination of short statutory objection windows, rigorous publication and evidence obligations, high administrative transparency duties, a statutory bar on court review of determinations, and specific voting/quorum and transition rules that can materially affect members’ terms. Compliance requires close attention to timelines, publication channels, meeting quorums and the documented reasons requirement.
How to comply
This section translates the Act’s mechanics into a practical compliance checklist for the principal actors: Electoral Commissioner / Tasmanian Electoral Commission, the Redistribution Committee, the Tasmanian Augmented Electoral Commission, public authorities, and interested persons or organisations. It identifies the immediate document, timetable and procedural steps the Act requires, citing the controlling sections.
Electoral Commissioner: monitoring, quotas and recommendation duties (s 9; s 12; s 10)
Quarterly ascertainment: As soon as practicable after each quarter day (last day of Jan, Apr, Jul, Oct) determine electors enrolled in each division and the average division enrolment; record the determination in writing and publish it on the Electoral Commission website and make printed copies available at the Electoral Commission office (s 9(2)-(5)).
For redistributions: determine the Council division quota as at a nominated date and publish notice in accordance with s 30 (s 12(1)-(2)).
Redistribution trigger and recommendation: Monitor published determinations; if after five years from a redistribution four or more divisions vary by more than 25% from the average, or if ten years have elapsed since the Committee’s appointment, recommend to the Minister that the Committee and Augmented Commission be re‑appointed (s 10(2)). Cause copies of the recommendation to be laid before the Legislative Council within five sitting days (s 10(3)).
Governor and Minister: appointment procedure (s 4)
Governor’s appointment notice: When the Electoral Commissioner makes a recommendation under s 10(2), the Governor may, during the prescribed period (60 days after that recommendation), publish a Gazette notice appointing the Committee and Augmented Commission, specifying members and alternate members (in line with s 5 and s 7), the purposes for appointment, and a period for performance of functions. If the period is insufficient, the Governor may extend it by Gazette notice (s 4(1)-(4A)). Ensure the appointment notice properly sets out membership and purposes (s 4(3), (3A)).
Redistribution Committee: initial proposal and publication obligations (ss 13-16)
Prepare initial proposal using the Council division quota as the basis; prioritise achieving, as far as practicable, division enrolments of between 90% and 110% of the average five years after redistribution, and secondarily consider community of interest (s 13(2)). Consider communication/travel, physical features, existing boundaries and natural boundaries and adopt a margin of allowance if necessary but not exceeding 10% variation from the quota (s 13(3)-(4)).
Record written reasons for the initial redistribution proposal; allow a dissenting member to prepare written reasons (s 14).
Exhibit maps and make descriptions and reasons available for perusal and supply at each public office promptly (s 15(1)(a)-(b)); publish a notice in the Gazette and the newspapers specified in s 30 that includes maps in the newspaper notice (s 15(1)(c); s 15(2); s 30). Consider issuing a public summary
Division 1Redistribution Committee and Tasmanian Augmented Electoral Commission
[Section 3 Subsection (1) amended by No. 38 of 2023, s. 31, Applied:01 Jul 2024]further objection means a comment, suggestion or objection in relation to a redistribution proposal lodged with the Tasmanian Augmented Electoral Commission under section 22(1) ;
[Section 3 Subsection (1) amended by No. 38 of 2023, s. 31, Applied:01 Jul 2024]further redistribution proposal means a further proposal for redistribution of electoral divisions made by the Tasmanian Augmented Electoral Commission under section 21(1) ;
[Section 3 Subsection (1) amended by No. 38 of 2023, s. 31, Applied:01 Jul 2024]initial objection means a comment, suggestion or objection in relation to a redistribution proposal lodged with the Tasmanian Augmented Electoral Commission under section 17 ;
initial redistribution proposal means a proposal for redistribution of electoral divisions made by the Redistribution Committee under section 13 ;
[Section 3 Subsection (1) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005][Section 3 Subsection (1) amended by No. 38 of 2023, s. 31, Applied:01 Jul 2024][Section 3 Subsection (1) amended by No. 38 of 2023, s. 31, Applied:01 Jul 2024]public office means the office of the Electoral Commissioner, any office of the Redistribution Committee or the Tasmanian Augmented Electoral Commission or any other office determined by the Committee or the Tasmanian Augmented Electoral Commission to be a public office for the purposes of this Act;
[Section 3 Subsection (1) amended by No. 38 of 2023, s. 31, Applied:01 Jul 2024]
[Section 3 Subsection (1) amended by No. 38 of 2023, s. 31, Applied:01 Jul 2024]Redistribution Committee means the Redistribution Committee appointed under section 4 ;
[Section 3 Subsection (1) amended by No. 38 of 2023, s. 31, Applied:01 Jul 2024]Tasmanian Augmented Electoral Commission means the Tasmanian Augmented Electoral Commission appointed under section 4 .
(2) The definition of "the Governor" in section 43(1) of theActs Interpretation Act 1931 does not apply to references to the Governor in this Act.
Part 2 Redistribution of Electoral Divisions
Part 2 Redistribution of Electoral Divisions
Division 1 Redistribution Committee and Tasmanian Augmented Electoral Commission
Division 1 Redistribution Committee and Tasmanian Augmented Electoral Commission
[Division 1 of Part 2 Heading amended by No. 38 of 2023, s. 32, Applied:01 Jul 2024]
4 Appointment of Redistribution Committee and Tasmanian Augmented Electoral Commission
4 Appointment of Redistribution Committee and Tasmanian Augmented Electoral Commission
(1) [Section 4 Subsection (1) substituted by No. 31 of 1998, s. 26, Applied:28 Jul 1998][Section 4 Subsection (1) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005][Section 4 Subsection (1) substituted by No. 38 of 2023, s. 33, Applied:01 Jul 2024] In this section –
prescribed period, in relation to an appointment of the Redistribution Committee or the Tasmanian Augmented Electoral Commission, means a period of 60 days after a recommendation by the Electoral Commissioner is given to the Minister under section 10(2) .
(2) [Section 4 Subsection (2) amended by No. 38 of 2023, s. 33, Applied:01 Jul 2024] The Governor may, by notice published in the Gazette during the prescribed period, appoint the Redistribution Committee and the Tasmanian Augmented Electoral Commission for the purposes of this Act.
(3) [Section 4 Subsection (3) amended by No. 60 of 1995, s. 4 ][Section 4 Subsection (3) substituted by No. 31 of 1998, s. 26, Applied:28 Jul 1998] The notice appointing the Redistribution Committee is to specify –
(a) the members and alternate members of the Committee in accordance with sections 5 and 7 ; and
(b) the purposes for which the Committee is appointed; and
(c) such period as, in the opinion of the Governor, may be required for the proper performance of the functions of the Committee.
(3A) [Section 4 Subsection (3A) amended by No. 38 of 2023, s. 33, Applied:01 Jul 2024][Section 4 Subsection (3A) inserted by No. 31 of 1998, s. 26, Applied:28 Jul 1998] The notice appointing the Tasmanian Augmented Electoral Commission is to specify –
(a) [Section 4 Subsection (3A) amended by No. 38 of 2023, s. 33, Applied:01 Jul 2024] the members and alternate members of the Tasmanian Augmented Electoral Commission in accordance with sections 6 and 7 ; and
(b) [Section 4 Subsection (3A) amended by No. 38 of 2023, s. 33, Applied:01 Jul 2024] the purposes for which the Tasmanian Augmented Electoral Commission is appointed; and
(c) [Section 4 Subsection (3A) amended by No. 38 of 2023, s. 33, Applied:01 Jul 2024] such period as, in the opinion of the Governor, may be required for the proper performance of the functions of the Tasmanian Augmented Electoral Commission.
(4) [Section 4 Subsection (4) amended by No. 38 of 2023, s. 33, Applied:01 Jul 2024][Section 4 Subsection (4) amended by No. 31 of 1998, s. 26, Applied:28 Jul 1998] *[Section 4 Subsection (4) inserted by No. 60 of 1995, s. 4 ]*If the Governor is of opinion that the period specified in a notice under subsection (3)(c) or (3A)(c) is insufficient to enable the Committee or the Tasmanian Augmented Electoral Commission to perform its functions under this Act, the Governor may, by notice published in the Gazette, extend that period for a further specified period.
(4A) [Section 4 Subsection (4A) inserted by No. 31 of 1998, s. 26, Applied:28 Jul 1998]Subsection (4) allows an extension of the period specified in a notice under subsection (3)(c) or (3A)(c) on more than one occasion.
(5) [Section 4 Subsection (5) amended by No. 38 of 2023, s. 33, Applied:01 Jul 2024][Section 4 Subsection (5) amended by No. 31 of 1998, s. 26, Applied:28 Jul 1998] *[Section 4 Subsection (5) inserted by No. 60 of 1995, s. 4 ]*On the expiration of the period specified under subsection (3)(c) or (3A)(c) or any further period for which it is extended under subsection (4) , the Committee and the Tasmanian Augmented Electoral Commission are taken to be dissolved.
5 Redistribution Committee
5 Redistribution Committee
[Section 5 Substituted by No. 31 of 1998, s. 27, Applied:28 Jul 1998]
(1) The Redistribution Committee consists of 3 members of whom –
(a) [Section 5 Subsection (1) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] one is the Electoral Commissioner who is to be chairperson of the Committee; and
(b) one is the Surveyor-General; and
(c) one is a person nominated by the Australian Statistician.
(2) Schedule 1 has effect in relation to the meetings of the Committee.
6 Tasmanian Augmented Electoral Commission
6 Tasmanian Augmented Electoral Commission
[Section 6 Substituted by No. 31 of 1998, s. 28, Applied:28 Jul 1998]
(1) [Section 6 Subsection (1) amended by No. 38 of 2023, s. 34, Applied:01 Jul 2024] The Tasmanian Augmented Electoral Commission consists of the members of the Redistribution Committee and 2 additional members of whom–
(a) [Section 6 Subsection (1) amended by No. 28 of 2007, s. 4, Applied:13 Sep 2007][Section 6 Subsection (1) amended by No. 38 of 2023, s. 34, Applied:01 Jul 2024] one is the chairperson of the Electoral Commission who is to be chairperson of the Tasmanian Augmented Electoral Commission; and
(b) [Section 6 Subsection (1) amended by No. 28 of 2007, s. 4, Applied:13 Sep 2007] the other is the member of the Electoral Commission who is not the chairperson of that Commission or the Electoral Commissioner.
(2) [Section 6 Subsection (2) omitted by No. 28 of 2007, s. 4, Applied:13 Sep 2007] . . . . . . . .
(3) [Section 6 Subsection (3) amended by No. 38 of 2023, s. 34, Applied:01 Jul 2024] The exercise of the powers of the Tasmanian Augmented Electoral Commission is not affected by reason only of a change or changes in its membership.
(4) [Section 6 Subsection (4) amended by No. 38 of 2023, s. 34, Applied:01 Jul 2024]Schedule 2 has effect in relation to the meetings of the Tasmanian Augmented Electoral Commission.
7 Alternate members of Redistribution Committee and Tasmanian Augmented Electoral Commission
7 Alternate members of Redistribution Committee and Tasmanian Augmented Electoral Commission
(1) For the purposes of this Act –
(a) [Section 7 Subsection (1) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005][Section 7 Subsection (1) amended by No. 28 of 2007, s. 5, Applied:13 Sep 2007] an alternate member is to be appointed for each member of the –
(i) Redistribution Committee except the Electoral Commissioner; and
(ii) [Section 7 Subsection (1) amended by No. 38 of 2023, s. 35, Applied:01 Jul 2024] Tasmanian Augmented Electoral Commission except those members who are members of the Electoral Commission; and
(b) appointments of alternate members are to be made –
(i) [Section 7 Subsection (1) amended by No. 38 of 2023, s. 35, Applied:01 Jul 2024] when the Committee and the Tasmanian Augmented Electoral Commission are first appointed under section 4 ; and
(ii) [Section 7 Subsection (1) amended by No. 38 of 2023, s. 35, Applied:01 Jul 2024] if subsequently there is a vacancy in the office of a member or alternate member, on a request made to the Governor by the Committee or the Tasmanian Augmented Electoral Commission; and
(c) an alternate member must have the same qualifications as the member for whom he or she is an alternate or must be acting in, or performing the duties of, that member's office; and
(d) [Section 7 Subsection (1) amended by No. 31 of 1998, s. 29, Applied:28 Jul 1998] . . . . . . . .
(2) [Section 7 Subsection (2) omitted by No. 28 of 2007, s. 5, Applied:13 Sep 2007] . . . . . . . .
(3) [Section 7 Subsection (3) amended by No. 38 of 2023, s. 35, Applied:01 Jul 2024] An alternate member is to act as a member of the Redistribution Committee or the Tasmanian Augmented Elect
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