29ATransition arrangements to implement redistribution of State in respect of Legislative Council

### 29A Transition arrangements to implement redistribution of State in respect of Legislative Council > [*\[Section 29A of Part 2 Inserted by No. 31 of 1998, s. 45, Applied:28 Jul 1998\]*](/view/html/inforce/1998-07-28/act-1998-031#GS45@EN) > > > (1)  [*\[Section 29A Subsection (1) amended by No. 38 of 2023, s. 55, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-038#GS55@Hpa@EN) The Tasmanian Augmented Electoral Commission must determine the transition arrangements to implement the redistribution of the State in respect of the Legislative Council. > > > (2)  In the case of the first determination following the commencement of the [Parliamentary Reform Act 1998](/view/html/inforce/2026-04-12/act-9999-999) , the determination made under [subsection (1)](#GS29A@Gs1@EN) 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)](#GS29A@Gs2@EN) 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](/view/html/inforce/2026-04-12/act-9999-999) . > > > (4)  [*\[Section 29A Subsection (4) amended by No. 38 of 2023, s. 55, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-038#GS55@Hpb@EN) In making its determination under [subsection (1)](#GS29A@Gs1@EN) , the Tasmanian Augmented Electoral Commission must ensure that the annual periodical cycle of elections for Council divisions specified in [section 19 of the](/view/html/inforce/2026-04-12/act-1934-094#GS19@EN) [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) takes effect as soon as practicable after its determination. > > > (5)  [*\[Section 29A Subsection (5) amended by No. 38 of 2023, s. 55, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-038#GS55@Hpc@EN) In making its determination under [subsection (1)](#GS29A@Gs1@EN) , the Tasmanian Augmented Electoral Commission has power to – > > > > > > (a) allocate a member to a Council division; and > > > > > > > (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)](#GS29A@Gs5@Hpf@EN) 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)](#GS29A@Gs1@EN) ; and > > > > > > > (h) in the case of the first determination next following the commencement of the [Parliamentary Reform Act 1998](/view/html/inforce/2026-04-12/act-9999-999) , 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. > > > (6)  [*\[Section 29A Subsection (6) amended by No. 38 of 2023, s. 55, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-038#GS55@Hpd@EN) Nothing in [subsection (5)](#GS29A@Gs5@EN) empowers the Tasmanian Augmented Electoral Commission to make a determination which requires a simultaneous election for all Council divisions. > > > (7)  [*\[Section 29A Subsection (7) amended by No. 38 of 2023, s. 55, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-038#GS55@Hpe@EN) The number of members specified by the Tasmanian Augmented Electoral Commission under [subsection (5)(h)](#GS29A@Gs5@Hph@EN) is not to be less than 7 and not to exceed 9. > > > (8)  [*\[Section 29A Subsection (8) amended by No. 38 of 2023, s. 55, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-038#GS55@Hpf@EN) Without limiting [subsection (5)](#GS29A@Gs5@EN) , the Tasmanian Augmented Electoral Commission has power to do anything necessary or convenient to enable it to perform its functions under [subsection (1)](#GS29A@Gs1@EN) . > > > (9)  [*\[Section 29A Subsection (9) amended by No. 38 of 2023, s. 55, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-038#GS55@Hpg@EN) In performing its functions under [subsection (1)](#GS29A@Gs1@EN) , the Tasmanian Augmented Electoral Commission is to take into consideration and give such weight as it considers necessary to the following matters: > > > > > > (a) the continuity of members' 6-year terms; > > > > > > > (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; > > > > > > > (e) fairness and equity; > > > > > > > (f) any other matters that it considers relevant. > > > (10)  [*\[Section 29A Subsection (10) amended by No. 38 of 2023, s. 55, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-038#GS55@Hph@EN) In exercising its power under [subsection (5)(f)](#GS29A@Gs5@Hpf@EN) , the Tasmanian Augmented Electoral Commission is, in addition to the matters specified in [subsection (9)(e)](#GS29A@Gs9@Hpe@EN) and [(f)](#GS29A@Gs9@Hpf@EN) , to take into consideration and give such weight as it considers necessary to the following matters: > > > > > > (a) the extent of the reduction of a member's term; > > > > > > > (b) the effect of the reduction on the superannuation entitlements of a member. > > > (11)  [*\[Section 29A Subsection (11) amended by No. 38 of 2023, s. 55, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-038#GS55@Hpi@EN) [*\[Section 29A Subsection (11) inserted by No. 74 of 2009, s. 10, Applied:07 Dec 2009\]*](/view/html/inforce/2009-12-07/act-2009-074#GS10@EN) If each new division determined under [section 25](#GS25@EN) contains at least 75 per cent of the electors from a member's current division, the Tasmanian Augmented Electoral Commission may make a determination under this section that allocates each member to the new division that contains at least 75 per cent of the electors from the member's current division. > > > (12)  [*\[Section 29A Subsection (12) amended by No. 38 of 2023, s. 55, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-038#GS55@Hpj@EN) [*\[Section 29A Subsection (12) inserted by No. 74 of 2009, s. 10, Applied:07 Dec 2009\]*](/view/html/inforce/2009-12-07/act-2009-074#GS10@EN) If the Tasmanian Augmented Electoral Commission makes a determination referred to in [subsection (11)](#GS29A@Gs11@EN) , [section 29B](#GS29B@EN) to [section 29I](#GS29I@EN) inclusive do not apply.