Representation Act 1983

Act No. 109 of 1983 as amended

This compilation was prepared on 24 October 2000 taking into account amendments up to Act No. 58 of 1985

The text of any of those amendments not in force on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra

Contents

An Act to increase the number of senators, and for related purposes
1 Short title [see Note 1]

This Act may be cited as the Representation Act 1983.
2 Commencement [see Note 1]

This Act shall come into operation on the day on which the Commonwealth Electoral Legislation Amendment Act 1983 comes into operation.
3 Representation of each State in the Senate

The number of senators for each State shall be 12.
4 Repeal of certain Acts

The following Acts are repealed:

Representation Act 1948

Representation Act 1949.
5 Transitional provision—increase in size of the Senate 1

Until the day of the first meeting of the Parliament after the first expiration or dissolution of the House of Representatives that occurs after the commencement of this Act, section 3 has effect as if the reference in that section to 12 were a reference to 10.

 2

At the first election of senators for each State held after the commencement of this Act, the number of senators chosen for the State shall be 7.

 3

Of the senators chosen for the State at the election, the 2 non-sitting senators first elected shall be chosen for a term of 6 years and shall hold their places from and including the day referred to in subsection (1), but, for the purpose of maintaining regularity in the rotation of senators, the places of those 2 senators shall, subject to subsection (4), become vacant at the close of 30 June 1991.

 4

Of the senators chosen at the election, the senator last elected shall be chosen for a term of 6 years, but, for the purpose of maintaining regularity in the rotation of senators, his place shall become vacant at the close of 30 June 1988.

 5

Each senator chosen at the election who is not one of the 2 non-sitting senators first elected shall fill a periodical vacancy arising on 1 July 1985.

 6

The allowances payable to a senator who is one of the 2 non-sitting senators first elected shall be reckoned from and including 1 December 1984.

 7

A reference in this section to a non-sitting senator is a reference to a senator who does not hold a place in the Senate immediately before:

(a) the day referred to in subsection (1) if that day is 1 July 1985 or is a day before 1 July 1985; or

(b) where paragraph (a) does not apply—1 July 1985.

 8

If the election referred to in subsection (2) is an election following a dissolution of the Senate, the provisions of subsection (2) have effect as if the reference in that subsection to 7 were a reference to 12 and subsections (3), (4), (5), (6) and (7) do not have effect.
6 Transitional provision—determination of State entitlement

For the purposes of the first determination made under subsection 25(1) of the Commonwealth Electoral Act 1918, the number of senators for the States shall be taken to be 72.

The as shown in this compilation comprises Act No. 109, 1983 amended as indicated in the Tables below.

Table of Acts

Notes to the

Note 1
Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions
Representation Act 1983 109, 1983 8 Dec 1983 21 Feb 1984 (see s. 2 and Gazette 1984, No. S62)
Commonwealth Electoral Legislation Amendment Act 1984 45, 1984 25 June 1984 Ss. 1 and 2: Royal Assent Ss. 3(2) and 7: 21 Feb 1984 Remainder: 23 July 1984 S. 8
Representation Amendment Act 1985 58, 1985 4 June 1985 4 June 1985 —

Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 5 am. No. 45, 1984; No. 58, 1985