The central organising concept is the redistribution of the State into electoral divisions (Council divisions) for the Legislative Council. The Act defines key terms in section 3. "Average Council division enrolment" means the number of electors ascertained under section 9(3) - the nearest whole number derived by dividing the total number of electors enrolled in the State by the number of Council divisions. "Council division quota" is the average Council division enrolment as at a date nominated by the Electoral Commissioner (section 12(2)). This quota becomes the benchmark for drawing boundaries. The Redistribution Committee, when making an initial redistribution proposal under section 13, must take into account two priorities in order. The first priority (as amended by No. 8 of 2017) is to ensure, as far as practicable, that 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 (section 13(2)(a)). The second priority is the community of interest within each Council division (section 13(2)(b)). After addressing those priorities, the Committee must consider means of communication and travel within the division, physical features and area, existing electoral boundaries, and distinct natural boundaries (section 13(3)). The Committee may give such weight to these matters as it determines, subject to the first priority (section 13(3A)). Crucially, the variation from the Council division quota cannot exceed 10% (section 13(4)(b)). The process involves an initial redistribution proposal produced by the Redistribution Committee, followed by public exhibition, a 28-day objection period to the Tasmanian Augmented Electoral Commission, inquiries into non-frivolous objections, and then the production of a further redistribution proposal by the Tasmanian Augmented Electoral Commission if the Commission considers it significantly different from the initial proposal (section 21). A further objection period of 7 days applies if the Tasmanian Augmented Electoral Commission’s further proposal is significantly different (sections 21(3)(c)(i) and 22(1)). The final determination of names and boundaries is made by the Tasmanian Augmented Electoral Commission under section 25, applying the same criteria as section 13. Transition arrangements under Division 5A allow the Tasmanian Augmented Electoral Commission to allocate members to new divisions, reduce or extend terms, fix compensation, and establish the periodical cycle of elections (section 29A). The concept of "public office" is defined broadly to mean the office of the Electoral Commissioner, any office of the Redistribution Committee or the Tasmanian Augmented Electoral Commission, or any other office determined by them for the purposes of the Act (section 3(1)). The Act also distinguishes between "initial objection" (a comment, suggestion or objection lodged under section 17) and "further objection" (lodged under section 22(1)).

The Act primarily affects the Tasmanian Electoral Commission, the Electoral Commissioner, the Redistribution Committee, and the Tasmanian Augmented Electoral Commission - the bodies responsible for conducting redistributions. Members of those bodies are directly affected: they are entitled to sitting fees and allowances (section 8), have the protection and immunity of a Supreme Court judge (section 31(1)), and must not be improperly influenced (section 32). The Act also affects State Service officers and State Service employees who may be called upon to provide information (section 33(2)(b)) or whose services may be made available to the Committee or the Tasmanian Augmented Electoral Commission (section 34(b)). The Deputy Commonwealth Statistician, Tasmania, and any other person may be required to provide information (section 35). Public authorities - bodies established under an Act or Royal Prerogative whose governing body comprises persons appointed by the Governor, a Minister, or another public authority - are also potentially affected as they may be compelled to provide information (section 33(1) and (2)). More broadly, the Act affects every person enrolled on the electoral roll for the Legislative Council. The shape of their Council division, and therefore their representation, is determined through the redistribution process. Persons and organisations have the right to lodge initial objections (section 17) and further objections (section 22(1)). They may attend and be heard at inquiries into objections (section 20(2)) and at hearings on transition arrangements (section 29B(2)). The Act also affects members of the Legislative Council directly, particularly through the transition provisions in Division 5A. The Tasmanian Augmented Electoral Commission may allocate a member to a new Council division, reduce or extend their term, determine the year they retire, and fix compensation for reduction of term (section 29A(5)). Members may be allocated to a division containing at least 75% of electors from their current division (section 29A(11)). The Minister administering the Electoral Act 2004 receives the Electoral Commissioner's recommendation for reappointment (section 10(2)) and must table it in Parliament (section 10(3)). The President of the Legislative Council and the Speaker of the House of Assembly receive copies of redistribution documents and must lay them before their respective Houses (sections 27(2) and 29L(2)). The Governor appoints the Redistribution Committee and the Tasmanian Augmented Electoral Commission by notice in the Gazette (section 4(2)), approves sitting fees (section 8), and may make arrangements with the Governor-General for information and staff (section 34(a)).

The Act imposes a range of duties on the Electoral Commissioner, the Redistribution Committee, and the Tasmanian Augmented Electoral Commission. The Electoral Commissioner must, as soon as practicable after the first redistribution after the Parliamentary Reform Act 1998 and after each quarter day (last day of January, April, July, October), ascertain the number of electors enrolled in each electoral division and determine the average Council division enrolment and the deviation of each division from that average (section 9(2)). The determination must be made by written instrument and published on the website of the Electoral Commission, with printed copies available on request (sections 9(4), 9(5), and 30A). For each redistribution, the Electoral Commissioner must determine the Council division quota as at a nominated date and publish notice (section 12). The Redistribution Committee must make an initial redistribution proposal in accordance with Part 2, taking into account the priorities and matters in section 13. It must state reasons in writing (section 14(1)), exhibit maps at each public office, make descriptions and reasons available for perusal, and publish a notice inviting public attention (section 15(1)). The notice must include a statement that a person or organisation may lodge a written objection within 28 days (section 15(3)). The Committee may publish a summary of the essential features (section 16). The Tasmanian Augmented Electoral Commission must consider each initial objection (section 18(1)), complete consideration within 60 days after the objection period expires (section 18(2)), and hold an inquiry into each objection unless it is frivolous or vexatious (section 18(3)). Inquiries are generally public (section 20(1)). Any person or organisation that lodged an objection has a right to be heard (section 20(2)). The Tasmanian Augmented Electoral Commission must consider all evidence given (section 20(3)). It is not bound by the rules of evidence and may regulate proceedings as it thinks fit (section 20(4)). It may direct that a part of an inquiry be in private or restrict publication of evidence on grounds of public interest (section 20(6)). It may permit a witness to give evidence by written statement if attendance would cause serious hardship (section 20(8)). After concluding inquiries, the Tasmanian Augmented Electoral Commission must make a further redistribution proposal and a public announcement (section 21(1)). If the further proposal is significantly different, the announcement must state that persons or organisations may lodge a further objection within 7 days (section 21(3)(c)). The Tasmanian Augmented Electoral Commission must also consider and inquire into further objections (section 22(2)-(3)). It must then determine the names and boundaries of Council divisions by notice published in accordance with section 30 (section 25(1)), as soon as practicable after considering all objections (section 25(2)). The determination must apply the same criteria as section 13 (section 25(3)). The Tasmanian Augmented Electoral Commission must state reasons in writing (section 26(1)), and members who disagree may state their reasons (section 26(2)). It must forward a package of documents to the President and Speaker (section 27(1)). For transition arrangements, the Tasmanian Augmented Electoral Commission must determine transition arrangements (section 29A(1)), give notice of a hearing (section 29B(1)), make an initial transition proposal (section 29D), and after considering comments and suggestions, make a transition determination (section 29J). Persons and organisations have the right to make written submissions and appear at transition hearings (section 29B(2)), and to lodge comments, suggestions, or objections within 14 days of the notice of the initial transition proposal (section 29F(2)). The Tasmanian Augmented Electoral Commission must consider those (section 29G(1)) and may hold an inquiry (section 29G(2)). The Act also confers a duty on any person whose name appears on an electoral roll or who is qualified to be on such a roll, and on State Service officers or employees or employees of public or local authorities, to provide information requested by the Committee or the Tasmanian Augmented Electoral Commission within 14 days (section 33(2)). A person who fails to do so commits an offence (section 33(3)).

The Act creates two specific offences, each with distinct penalty provisions. First, section 32 makes it an offence for a person to improperly seek to influence a member of the Redistribution Committee or the Tasmanian Augmented Electoral Commission in the performance of their duties under the Act. The penalty for this offence is a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months, or both. The term "improperly seek to influence" is not further defined in the Act, so its meaning would depend on the common law. It likely covers conduct such as bribery, threats, or other forms of corruption directed at a decision-maker in the redistribution process. Second, section 33(3) creates an offence of failing to provide information as required under section 33(2). A person who fails to provide information within 14 days after being served with a written notice is liable on summary conviction to a fine not exceeding 10 penalty units. The notice may be served on a person whose name and address appears on an electoral roll maintained under the Electoral Act 2004 or who is qualified to be on such a roll, or on a State Service officer or employee or an employee of a public authority or local authority (section 33(2)). Both offences are triable summarily. Beyond these specific penal provisions, the Act's primary enforcement mechanism is not through penalties but through the finality and conclusiveness of decisions. Section 28(1) provides that a decision or determination made by the Redistribution Committee or the Tasmanian Augmented Electoral Commission under Part 2 (whether in the exercise of a discretion or not) is final and conclusive; may not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court or tribunal on any ground; and is not subject to an order of review under the Judicial Review Act 2000 or the making of a declaratory or other order in any court on any ground. This ouster clause is extremely broad. Section 28(3) extends its effect to a refusal or failure to make a decision or determination. Furthermore, section 28(2) provides that most of Part 2 (other than sections 12, 25(1), (3), (4), and 28 itself) is directory only, meaning that a failure to comply with procedural requirements does not invalidate a decision. This combination of an ouster clause and directory language makes the redistribution process effectively immune from legal challenge, focusing enforcement instead on the political and parliamentary oversight through the tabling of documents (sections 10(3), 27, and 29L). The Governor also has supervisory power to extend the period for performance of functions (section 4(4)), and the Tasmanian Augmented Electoral Commission can direct an inquiry to be held in private or restrict publication of evidence (section 20(6)), though non-compliance with such a direction is not itself made a specific offence.

The Act interacts directly and indirectly with several other Tasmanian statutes. The most significant is the Constitution Act 1934. Section 13(1) of this Act requires the Redistribution Committee to make an initial proposal for redistribution into the number of Council divisions specified in section 18 of the Constitution Act 1934. Section 29A(4) requires the Tasmanian Augmented Electoral Commission, when making transition determinations, to ensure that the annual periodical cycle of elections for Council divisions specified in section 19 of the Constitution Act 1934 takes effect as soon as practicable. The Constitution Act therefore sets the structural parameters within which this Act operates. The Electoral Act 2004 is another key companion statute. This Act imports several definitions from the Electoral Act 2004, including "Council division", "Electoral Commission", and "Electoral Commissioner" (section 3(1)). The Electoral Commissioner's duties under section 9 (quarterly ascertainment of enrolment) and section 12 (determination of quota) are performed under this Act, and the Commissioner is a member of both the Redistribution Committee and the Tasmanian Augmented Electoral Commission. The Minister administering the Electoral Act 2004 receives the recommendation for reappointment (section 10(2)). The Judicial Review Act 2000 is expressly ousted by section 28(1)(c), which provides that a decision or determination under Part 2 is not subject to an order of review under that Act or the making of a declaratory or other order in any court on any ground. This ouster clause also overrides any common law or statutory remedies that might otherwise be available. The Acts Interpretation Act 1931 is relevant through section 3(2), which provides that the definition of "the Governor" in section 43(1) of the Acts Interpretation Act 1931 does not apply to references to the Governor in this Act. This means that references to the Governor in this Act refer to the person holding the office of Governor rather than any substitute or acting arrangement that might otherwise be implied. The State Service Act 2000 is referenced in section 34(b), which permits the Minister, with the approval of the Minister responsible for an Agency (within the meaning of that Act), to make arrangements for the services of State Service officers and employees to be made available to the Committee or the Tasmanian Augmented Electoral Commission. Section 8(2) provides that a State Service officer or employee who is a member of the Redistribution Committee or the Tasmanian Augmented Electoral Commission is not entitled to sitting fees unless the Governor approves. The Administrative Arrangements Act 1990 is referenced in section 38, which assigns the administration of this Act to the Minister for Justice and the Department of Justice until an order is made under section 4 of that Act. The Act also contemplates interaction with Commonwealth bodies: section 34(a) allows the Governor to make arrangements with the Governor-General for information from the Australian Electoral Commission and the services of its employees, and section 35 allows the Committee or the Tasmanian Augmented Electoral Commission to seek and obtain information from the Deputy Commonwealth Statistician, Tasmania. The Parliamentary Reform Act 1998 is the foundational Act that triggered the redistributions leading to the reduction in the number of Legislative Council members, and which is referenced in sections 9(2), 29A(2), (3), and (5)(h) as the commencement point for the first redistribution and the reduction process.

The Act has been amended multiple times since its original commencement on the day it received Royal Assent (section 2(1) as originally enacted, before the amendment by No. 8 of 1997 removed subsection (2)). The amendment history can be traced through the amendment notes in the provided text. The first amendment was by No. 60 of 1995, which inserted sections 4(4) and (5) (regarding extension of the period for the Committee and Tasmanian Augmented Electoral Commission to perform functions) and inserted section 7A (filling of casual vacancies). Next, No. 8 of 1997 amended section 2 (removing subsection (2)), amended section 25(1) and (3), inserted section 29(2), and repealed Part 4 (sections 39-41). No. 31 of 1998 was a substantial amending Act. It substituted section 3 (interpretation), section 5 (Redistribution Committee), section 6 (Tasmanian Augmented Electoral Commission), section 12 (quota), section 13 (initial redistribution proposal), section 18(3) and (4) (consideration of objections and inquiries), section 29 (effective date), and inserted Division 5A (sections 29A to 29L dealing with transition arrangements) and Schedule 1 paragraph 1 amendments. It also amended sections 4, 7, 9, 10, 15, 17, 20, 27, 28, and Schedule 2 clause 7. No. 86 of 2000 amended sections 8(2), 33(2)(b), and 34(b) to update references to State Service officers and employees following the introduction of the State Service Act 2000. No. 53 of 2004 was a schedule amendment that replaced references to the "Tasmanian Electoral Commission" and "Electoral Commissioner" throughout the Act with references to the body established under the Electoral Act 2004, and made corresponding definitional changes in section 3, and updated references in sections 9, 12, 30, 33, and Schedules 1 and 2. No. 28 of 2007 amended sections 6 (composition of the Tasmanian Augmented Electoral Commission), 7 (alternate members), 7A (casual vacancies), and 9 (publication of determination statements on a website). No. 74 of 2009 inserted provisions requiring publication on websites of various notices, reasons, and determinations (amending sections 19, 21, 25, 26, 29, 29A, 29J, 29K, and inserting section 30A). No. 8 of 2017 amended section 10 (triggers for redistribution - changing the variation threshold from 20% to 25% and the period from 8 to 10 years, and updating the reference to the Electoral Act 2004), section 13 (first priority amended to refer to 5 years and 90%-110% range), section 29(2) (allowing the Tasmanian Augmented Electoral Commission to provide in its determination for earlier effect), and inserted section 37A (transitional provisions preserving the original criteria for the 2017 redistribution). Most recently, No. 38 of 2023 (commencing 1 July 2024) made extensive amendments across the Act, substituting "Tasmanian Augmented Electoral Commission" for the previous "Augmented Commission", amending definitions (including "further objection", "further redistribution proposal", "initial objection", "public office", "Redistribution Committee", and inserting "Tasmanian Augmented Electoral Commission"), updating machinery provisions in sections 4, 6, 7, 7A, 8, 10, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 29A, 29B, 29C, 29D, 29E, 29F, 29G, 29H, 29I, 29J, 29K, 29L, 30, 31, 32, 33, 34, 35, 36, and Schedules 1 and 2. The amending Acts themselves (No. 60 of 1995, No. 8 of 1997, No. 31 of 1998, No. 86 of 2000, No. 53 of 2004, No. 28 of 2007, No. 74 of 2009, No. 8 of 2017, No. 38 of 2023) are the external sources of these changes.

The Act itself does not refer to any litigation or court cases. However, section 28 is a powerful ouster clause that expressly prohibits any challenge, appeal, review, or questioning of decisions or determinations made under Part 2 in any court or tribunal, including through the Judicial Review Act 2000 or declaratory orders. Section 28(2) reinforces this by providing that most of Part 2 is directory only, meaning procedural failures do not invalidate decisions. This language is designed to preclude litigation entirely. In practice, this means that there is unlikely to be any reported case law concerning the substantive merits of a redistribution under this Act. The only potential avenue for litigation would be challenges to the validity of the Act itself (e.g., on constitutional grounds), or challenges to decisions that are not covered by the ouster clause (such as a decision to prosecute under sections 32 or 33, which are not part of Part 2). Section 28(3) extends the ouster to a refusal or failure to make a decision or determination, closing off a potential argument that a failure to act is not "made under this Part". The protection and immunity given to members of the Committee and the Tasmanian Augmented Electoral Commission - the same as that of a Supreme Court judge (section 31(1)) - further insulates them from personal liability and removes incentives to litigate against them. Witnesses appearing before the Committee or the Tasmanian Augmented Electoral Commission have the same protection in civil or criminal proceedings as a witness in proceedings in the Supreme Court (section 31(2)). This suggests that any attempt to sue a witness based on evidence given before the Commission would be met with a defence of absolute privilege. The combination of the ouster clause, the directory nature of the procedural provisions, and the personal protection for decision-makers and witnesses creates a statutory scheme that is intended to be self-contained and non-justiciable. Consequently, there is no public record of litigation under this Act. The only possible judicial consideration would be in the context of the transition provisions, where a member of the Legislative Council might challenge a determination under section 29A (e.g., a reduction of term or compensation amount), but the ouster clause in section 28(1) applies to such determinations as they are made under Part 2. The potential for any successful legal challenge is therefore extremely low.

The Act contains several provisions that could operate as traps for the unwary. The most significant is the ouster clause in section 28(1), which makes decisions and determinations under Part 2 final and conclusive and immunises them from any form of judicial review, including under the Judicial Review Act 2000 and through declaratory orders. This is an extremely broad exclusion that would likely catch even allegations of procedural unfairness or bias, given that section 28(2) characterises most of Part 2 as directory only. A practitioner advising a client who wishes to challenge a redistribution must understand that the Act provides no legal avenue for doing so. The only listed exceptions to the directory nature of the provisions are sections 12 (quota of electors), 25(1), (3), and (4) (determination of names and boundaries, and the requirement to publish on a website), and section 28 itself (section 28(2)). However, even a breach of these mandatory provisions, given the presence of section 28(1), may still be insulated from review. A second gotcha is the priority hierarchy in section 13(2). The first priority - ensuring that the number of electors in each division would not, 5 years after the redistribution, be less than 90% or more than 110% of the average enrolment - is expressly stated to take precedence over community of interest (the second priority). Only after addressing both priorities does the Committee consider the matters in section 13(3) (communications, physical features, existing boundaries, natural boundaries). A person or organisation objecting on community of interest grounds must recognise that the enrolment deviation tolerance is considered first. A third potential trap concerns the timing of objections. The initial objection period is 28 days after the publication of the notice in the Gazette (section 17). A further objection period, if triggered, is only 7 days after the public announcement (section 22(1)). Missing these strictly limited windows forecloses the right to participate. Fourth, the definition of "public office" in section 3(1) includes not only the offices of the Electoral Commissioner and the Committee but also "any other office determined by the Committee or the Tasmanian Augmented Electoral Commission to be a public office for the purposes of this Act". This gives the redistributing bodies a discretionary power to designate additional offices, which could be relevant for the purpose of exhibiting maps and making documents available for perusal (section 15). Fifth, persons who receive a notice under section 33(2) to provide information must do so within 14 days, and failure to comply is an offence carrying a fine of up to 10 penalty units (section 33(3)). The notice can be served on a wide range of persons, including those whose names appear on an electoral roll or who are qualified to be on such a roll. This means that ordinary electors could, in theory, be compelled to provide information. Sixth, members of the Redistribution Committee and the Tasmanian Augmented Electoral Commission who are State Service officers or employees are not entitled to sitting fees unless the Governor approves (section 8(2)). This could affect the composition of the bodies if individuals are reluctant to serve without remuneration. Seventh, the transition provisions in Division 5A contain significant powers. The Tasmanian Augmented Electoral Commission can reduce or extend a member's term, allocate a member to a new division, and fix compensation (section 29A(5)). However, it cannot require a simultaneous election for all Council divisions (section 29A(6)). The minimum quorum for the Legislative Council during the reduction period is between 7 and 9 members (section 29A(7)). A member may be allocated to a new division if it contains at least 75% of the electors from the member's current division, and if such a determination is made, the hearing and inquiry process under sections 29B to 29I does not apply (section 29A(11)-(12)). Eighth, the Act expressly provides that the definition of "the Governor" in the Acts Interpretation Act 1931 does not apply (section 3(2)), meaning that references to the Governor in this Act are to the actual Governor, not an acting Governor or other person authorised under the Acts Interpretation Act.

Compliance under this Act falls on different entities depending on their role. For the Electoral Commissioner, the first compliance step is to perform quarterly ascertainments of enrolment under section 9(2) and publish the determination on the website of the Electoral Commission (section 9(4)), making printed copies available on request (sections 9(5) and 30A). When a redistribution trigger under section 10(2) is activated, the Commissioner must recommend to the Minister that the Redistribution Committee and the Tasmanian Augmented Electoral Commission be re-appointed. The Commissioner must also determine the Council division quota under section 12(1) and publish notice in accordance with section 30. For the Redistribution Committee, once appointed (which must occur within the prescribed period of 60 days after the Commissioner's recommendation - section 4(1)), the Committee must make an initial redistribution proposal under section 13(1) applying the priority hierarchy, and state reasons in writing (section 14(1)). It must then exhibit maps at each public office, make descriptions and reasons available for perusal and supply, and publish a notice in the Gazette, in 3 statewide newspapers, in appropriate regional newspapers, and by such other means as it thinks appropriate (sections 15 and 30). The notice must include a statement that objections may be lodged within 28 days (section 15(3)). The Committee may also publish a summary of the essential features (section 16). The Committee's compliance obligations cease once it has made the initial proposal and published the notices; thereafter the Tasmanian Augmented Electoral Commission takes over. For the Tasmanian Augmented Electoral Commission, compliance involves a multi-stage process. It must consider every initial objection (section 18(1)) and complete consideration within 60 days after the objection period expires (section 18(2)). It must hold an inquiry into each objection unless it is frivolous or vexatious (section 18(3)). Before commencing an inquiry, it must give reasonable notice published in accordance with section 30, including the subject, time, place, and website address (section 19(1)). It must publish on a website the notice, the reasons for the initial proposal, a summary of the Act and process, and information about public rights (section 19(2)). At the inquiry, it must hear any person or organisation that lodged an objection, consider all evidence, and may regulate proceedings (section 20). If the further proposal is significantly different, the Commission must state that in the public announcement and invite further objections within 7 days (section 21(3)). It must then consider and inquire into further objections (section 22). After completing all inquiries, the Commission must determine the names and boundaries of Council divisions under section 25(1), applying the same criteria as section 13. It must state reasons in writing (section 26(1)), publish a notice in accordance with section 30, and publish on a website a copy of the notice and the substance of its findings (section 25(4)). The notice must include the website address for the information under section 25(4) and 26(3) (section 25(5)). The Commission must also forward a package of documents to the President and Speaker (section 27). For transition arrangements, the Commission must determine transition arrangements (section 29A(1)), give notice of a hearing (section 29B(1)), hold a hearing (section 29C), make an initial transition proposal (section 29D), publish notice inviting comments within 14 days (section 29F), consider comments and suggestions (section 29G), and make a transition determination (section 29J). The determination takes effect on publication in the Gazette (section 29J(3)). Finally, all entities involved (persons, State Service officers, employees of public or local authorities) must comply with a notice under section 33(2) to provide information within 14 days, failing which they commit an offence (section 33(3)). No person may improperly seek to influence a member of the Committee or the Tasmanian Augmented Electoral Commission (section 32). Practitioners advising clients who wish to participate in a redistribution should ensure that any objection or submission is lodged within the prescribed time limits (28 days for initial, 7 days for further, 14 days for transition comments). They should be aware that the Commission has broad discretion over the conduct of inquiries and is not bound by rules of evidence. The most effective strategy for influencing the outcome is to present well-evidenced submissions on the two statutory priorities - enrolment deviation and community of interest - and on the matters in section 13(3).