Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Proportional Representation (Hare-
Clark) Entrenchment Act 1994 No 1
Republication No 1
Republication date: 13 February 2002
Act not amended up to this date
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Proportional Representation (Hare-Clark) Entrenchment Act
1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial
changes)) as in force on 13 February 2002. It also includes any amendment, repeal or expiry
affecting the republished law.
The legislation history and amendment history of the republished law are set out in endnotes
3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been
made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and
s 117). The changes are made if the Parliamentary Counsel considers they are desirable to
bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced
amendment, the symbol U appears immediately before the provision heading. The text of
the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see Legislation Act
2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication
date is—
(a) if the person charged is an individual—$100; or
(b) if the person charged is a corporation—$500.
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Proportional Representation (Hare-
Clark) Entrenchment Act 1994
Contents
Page
1 Short title 2
2 Commencement 2
3 Interpretation for Act 2
4 Entrenchment of electoral system 2
5 Special procedures for making certain enactments 4
Endnotes 5
1 About the endnotes 5
2 Abbreviation key 5
3 Legislation history 6
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Proportional Representation (Hare-
Clark) Entrenchment Act 1994
An Act to entrench the principles of the proportional representation (Hare-
Clark) electoral system
Section 1
page 2 Proportional Representation (Hare-Clark)
Entrenchment Act 1994
R No 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
1 Short title
This Act may be cited as the Proportional Representation (Hare-
Clark) Entrenchment Act 1994.
2 Commencement
This Act commences on the day on which it is notified in the
Gazette.
3 Interpretation for Act
Unless the contrary intention appears, expressions used in this
Act have the same meanings as in the Electoral Act 1992.
4 Entrenchment of electoral system
(1) This Act applies to any law that is inconsistent with any of the
following principles of the proportional representation (Hare-
Clark) electoral system:
(a) at a general election, an odd number of members of the
Legislative Assembly shall be elected from each electorate;
(b) at a general election, at least 5 members of the Legislative
Assembly shall be elected from each electorate;
(c) voting in an election shall be compulsory;
(d) each voter has the right to a fully preferential vote;
(e) squares for the indication of preferences on each ballot
paper shall appear only alongside the names of individual
candidates;
(f) a voter shall not be taken to have marked any preferences
beyond the numbers, starting with ‘1’ for the candidate with
the first preference, marked by the voter in the squares
alongside the names of individual candidates;
Section 4
R No 1 Proportional Representation (Hare-Clark)
Entrenchment Act 1994
page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(g) ballot papers shall be—
(i) prepared and collated in accordance with the method
known as the Robson Rotation; and
(ii) distributed and issued;
as set out in schedule 2 of the Electoral Act 1992, being that
schedule as in force on 1 December 1994;
(h) a candidate whose total votes equal or exceed a relevant
quota as defined in schedule 4 of the Electoral Act 1992,
being that schedule as in force on 1 December 1994, shall
be declared elected;
(j) unless the number of successful candidates is equal to the
number of vacancies, any surplus votes for a successful
candidate shall be transferred to continuing candidates in
accordance with the next available preferences indicated on
ballot papers that were counted for the successful candidate;
(k) if there are no surpluses to be distributed, the candidate with
the least total votes shall be excluded and the ballot papers
counted for the excluded candidate shall be transferred to
continuing candidates in accordance with the next available
preferences (if any) indicated on each ballot paper;
(l) where there are 2 or more eligible candidates in relation to
a casual vacancy, the vacancy shall be filled by a recount of
the ballot papers counted for the person who, at the last
election before the vacancy occurred, was elected to the seat
in which the vacancy has occurred.
(2) This Act applies to any law made pursuant to a power at any time
vested in the Legislative Assembly to make a law with respect to
the number of members of the Legislative Assembly.
Section 5
page 4 Proportional Representation (Hare-Clark)
Entrenchment Act 1994
R No 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
5 Special procedures for making certain enactments
(1) This Act, or any amendment or repeal of this Act, has no effect
unless it is passed by—
(a) at least a 2/3 majority of the members of the Legislative
Assembly; and
(b) a majority of electors at a referendum held in accordance
with the Referendum (Machinery Provisions) Act 1994.
(2) A law to which this Act applies by virtue of section 4 has no effect
unless it is passed by—
(a) the Legislative Assembly and passed by a majority of
electors at a referendum held in accordance with the
Referendum (Machinery Provisions) Act 1994; or
(b) at least a 2/3 majority of the members of the Legislative
Assembly.
Endnotes
About the endnotes 1
R No 1 Proportional Representation (Hare-Clark)
Entrenchment Act 1994
page 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3
are annotated in the amendment history. Full details of any amendments can
be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the
amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the
last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty
unit values appears on the republication inside front cover.
2 Abbreviation key
am = amended ord = ordinance
amdt = amendment orig = original
ch = chapter p = page
cl = clause par = paragraph
def = definition pres = present
dict = dictionary prev = previous
disallowed = disallowed by the Legislative (prev...) = previously
Assembly prov = provision
div = division pt = part
exp = expires/expired r = rule/subrule
Gaz = Gazette reg = regulation/subregulation
hdg = heading renum = renumbered
ins = inserted/added reloc = relocated
LA = Legislation Act 2001 R[X] = Republication No
LR = legislation register s = section/subsection
LRA = Legislation (Republication) Act 1996 sch = schedule
mod = modified / modification sdiv = subdivision
No = number sub = substituted
o = order SL = Subordinate Law
om = omitted/repealed underlining = whole or part not commenced
Endnotes
3 Legislation history
page 6 Proportional Representation (Hare-Clark)
Entrenchment Act 1994
R No 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
3 Legislation history
Proportional Representation (Hare-Clark) Entrenchment Act 1994
A1995-1
notified 2 May 1995 (Gaz 1994 No S85)
commenced 2 May 1995 (s 2)