1Senate (Representation of Territories) Act 1973

SENATE (REPRESENTATION OF TERRITORIES) ACT 1973

No. 39 of 1974

An Act to provide for the Representation in the Senate of the Australian Capital Territory, the Jervis Bay Territory and the Northern Territory of Australia.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title.

1. This Act may be cited as the Senate (Representation of Territories) Act 1973.

Commencement.

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

Interpretation.

3. (1) In this Act—

“Territory” means a Territory to which this Act applies;

“the Australian Capital Territory” includes the Territory that was accepted by the Jervis Bay Territory Acceptance Act 1915.

(2) The Territories to which this Act applies are the Australian Capital Territory and the Northern Territory of Australia.

Representation in the Senate.

4. Each Territory shall be represented in the Senate by two senators for the Territory directly chosen by the people of the Territory voting as one electorate.

Powers, immunities and privileges of senator.

5. (1) A senator for a Territory has all the powers, immunities and privileges of a senator for a State and—

(a) shall be included in the whole number of the senators for the purpose of ascertaining the number of senators necessary to con­stitute a meeting of the Senate for the exercise of its powers and, if present, shall be counted for the purpose of determining whether the necessary number of senators are present; and

(b) shall have a vote on all questions arising in the Senate.

(2) The provisions contained in sections 16, 19 and 20 and sections 42 to 48 (inclusive) of the Constitution, to the extent, if any, to which they do not apply, by virtue of the Constitution, in relation to a senator for a Territory, apply, by force of this Act, in relation to such a senator in the same way as they apply in relation to other senators.

Term of service.

6. The term of service of a senator for a Territory commences on the day of his election and expires at the close of the day next preceding the polling day for the general election of members of the House of Representatives next following his election.

Time of elections.

7. (1) Subject to sub-section (2), the first election of senators for a Territory shall be held at the same time as an election of senators for a State, being the first election of senators for that State that is held after the commencement of this Act.