1Representation Act 1948

REPRESENTATION.

No. 16 of 1948.

An Act to increase the Number of Senators and for other purposes.

[Assented to 18th May, 1948.]

Preamble.

WHEREAS it is provided by section seven of the Constitution that, until the Parliament otherwise provides, there shall be six senators for each Original State, and that the Parliament may

make laws increasing or diminishing the number of senators for each State, but so that equal representation of the several Original States shall be maintained and that no Original State shall have less than six senators:

And whereas it is provided by section fourteen of the Constitution that, whenever the number of senators for a State is increased or diminished, the Parliament may make such provision for the vacating of the places of senators for the State as it deems necessary to maintain regularity in the rotation:

And whereas it is provided by section twenty-four of the Constitution that—

(a) the House of Representatives shall be composed of members directly chosen by the people of the Commonwealth;

(b) the numbers of such members shall be, as nearly as practicable, twice the number of senators; and

(c) the number of members chosen in the several States shall be in proportion to the respective numbers of their people, and shall, until the Parliament otherwise provides, be determined, whenever necessary, in the manner specified in that section, but that, notwithstanding anything in that section, five members at least shall be chosen in each Original State:

And whereas the Parliament has. by the Representation Act 1905–1938, made other provision for determining the number of members chosen in the several States:

Be it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Representation Act 1948.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. In this Act, unless the contrary intention appears—

“casual vacancy” means a vacancy in the place of a senator occurring before the expiration of his term of service;

“sitting senator” means a senator elected at an election previous to the election referred to in section five of this Act.

Number of senators.

4. From and including the day of the first meeting of the Parliament after the first dissolution of the House of Representatives occurring after the commencement of this Act, the number of senators for each State shall be ten.