ANNO DECIMO OCTAVO
ELIZABETHAE 11 REGINAE
A.D.
1969****************************************************
No. 2 of 1969
An Act to provide for the appointment of a Commis- sion to make, and report upon, a division of the State into proposed electoral districts, and for purposes consequent thereon or incidental thereto.
[Assented to 20th February, 1969.]
BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:
PART 1.
PRELIMINARY.
PaT I.
1. This Act may be cited as the "Electoral Districts Shorttltle.
(Redivision) Act, 1968-1969".
5
2. This Act is arranged as follows : - Arrangement.
PART I.--PRELIMINARY, ss. 1-3.
PART H.-THE ELECTORAL COMMISSION, ss. 4-6.
PART IIl.-THE METROPOLITAN AREA, 8. 7.
PART IV.-DIVISION OF STATE INTO PROPOSED ELECTORAL DISTRICTS, 8S. 8-10.
PART V.--MISCELLANEOUS, ss. 11-12.
PAllY L
Interpretation.
Electoral Districts (Redivision) Act, 1968-1969.
3. In this Act, unless a contrary intention appears-
"Assembly district" means House of Assembly electoral district for the return of a member of the House of Assembly:
"Assembly elector" means a person whose name appears as an elector on the electoral roll for an Assembly district:
"Council district" means Legislative Council electoral district for the return of members of the Legislative Council :
"proposed Assembly district" means proposed electoral district for the return of a member of the House of Assembly:
"secretary" means secretary to the Commission :
"the chairman" means the chairman of the Commission and includes the deputy of the chairman whilst acting for the chairman:
"the Commission" means the Electoral Commission appointed under this Act:
"the country area" means that part of the State which lies outside the metropolitan area :
"the metropolitan area" means the metropolitan area as determined and defined by the Commission pursuant to this Act.
Electoral Districts (Redivision) Act, 1968-1969.
-- -_ .. ---_._---=--- PART lI.
THE ELECTORAL COMMISSION.
No.2
PART n.
4. (1) For the purposes of this Act, the Governor may ~~~.
appoint an Electoral Commission. •
(2) Subject to this Act, the Commission shall consist of three Commissioners appointed by the Governor with effect from the day specified in the instruments of their appointment as the day on which the appointments are to take effect.
(3) Of the three persons to be appointed as Commissioners- (a) one, who must be a judge, shall be the chairman;
(b) one must be the Surveyor-General or a person acting in the office of Surveyor-General ;
and
(c) one must be the Returning Officer for the State or a person acting in the office of Returning Officer for the State.
(4) Where a Commissioner dies or is unable to perform his duties as such, the Governor, as occasion requires, may appoint a Commissioner in his place.
(5) The Governor may, for the period during which the Commission is in existence, or any part thereof, appoint a person to be the secretary to the Commission.
(6) A Commissioner and the secretary shall not, as such, be subject to the l)ublic Service Act, 1967, but this provision does not affect the rights, duties and obligations under that Act of any Commissioner or the secretary who is otherwise an Officer in the Public Service within the meaning of that Act.
(7) The Commission shall continue in existence and the Commissioners shall hold office until the Commission has completed its duties under this Act.
7
5. (1) At every meeting of the Commission the chairman, Prooedureat
if present, shall preside. meetings.
(2) The chairman and one other Commissioner shall con- stitute a quorum of the Commission for the transaction of business.
(3) If a decision of the Commission is concurred in by any two Commissioners, it shall be a valid and effectual decision of the Commission for the purposes of this Act, and not otherwise.
PART U.
Application of ROyal Com·
ml88Iona Aot.
Electoral Districts (Redivision) Act, No. 2 1968-1969.
---.-.---
6. The Royal Commissions Act, 1917, shall, so far as its provisions are applicable, apply-
(a) to and in relation to the Commission, the secretary to the Commission, the Commissioners and the proceedings of or conducted before the Commission as if-
and
(i) the Commission were a commission to whom a commission of inquiry had been issued by the Governor under his hand and the public seal of the State ;
(ii) the chairman and each other Commissioner were the chairman and a member respec- and
tively of such a commission;
(ill) the secretary to the Commission were the secretary to such a commission ;
(b) to or in relation to any person who becomes involved with or deals with, or is dealt with by, the Com- mission, all or any of the Commissioners or the secretary or who becomes involved in or is affected by any of the affairs of the Commission that are ancillary or incidental to or within the scope of its functions, duties and powers as if-
(i) that person similarly had become involved with, had dealt with or had been dealt with by a commission to whom a commission of inquiry had been issued by the Governor under his hand and the public seal of the Sta.te;
or
(ii) that person similarly had become involved in or had been affected by any of the affairs of such a commission that are ancillary or incidental to or within the scope of its functions, duties and powers.
1<)69 Electoral Districts (Redivision) Act, 1968-1969.
PART Ill.
THE METROPOLI'fAN AREA.
No.2 9
PaT ID.
7. (1) Subject to this section, there shall be a metropolitan ~~::~.
area which shall be determined by the Commission.
(2) The metropolitan area shall consist of the Metropolitan Planning Area as defined in the Planning and Development Act, 1966-1967, excepting such portions thereof, if any, as in the opinion of the Commission both lie adjacent to the boun- daries of that Area and are likely, at the end of seven years after the commencement of this Act, to be substantially or predom- inantly used for the business of primary production. as defined in the Land Tax Act, 1936-1967.
PART IV.
DIVISION OF STATE INTO PROPOSED ELECTORAL DISTRICTS.
8. (1) Subject to this Act, the Commission shall- (a) for the purposes of this Act-
(i) divide the metropolitan area, in accordance with this section, into proposed Assembly districts that are approximately equal;
(ii) divide the country area, in accordance with this section, into proposed Assembly districts that are approximately equal;
and
(iii) if the Commission thinks fit, divide each or any of the proposed Assembly districts into proposed subdivisions ;
(b) subject to subsection (8) of this section, adjust and re-define the areas of the five existing Council districts in terms of the proposed Assembly districts ; and
PaT IV.
Other functions and duties of the 00111' mIIBlon.
PAllY IV. 1968-1969 .
.... - .•..
_--_._----
(c) prepare a report-
(i) defining the metropolitan area as determined by the Commission in accordance with this Act;
(ii) defining each proposed Assembly district;
(iii) re-defining each Council district;
(iv) stating therein such explanations as, in the opinion of the Commission, are necessary or desirable to explain any matters taken into consideration in connection with all or any of the matters determined by the Commission or in relation to any matter contained in the report ;
and
(v) recommending such changes ill the law as.
would be necessary to give effect to the division of the State into forty-seven proposed Assembly districts and the re- definition of the areas of the existing Council districts in accordance with its report, and such changes in the law as are consequential thereon.
(2) ]'or the purpose of dividing the metropolitan area into proposed Assembly districts, the Commission shall first divide the number of Assembly electors whose names appear on the electoral rolls for all the Assembly districts in the State by forty-seven and the quotient derived thereby (calculated to the nearest integral number), which is hereinafter referred to as
"the State quota", shall be the average number of electors for each Assembly district.
(3) The Commission shall thel'eafter determine the metro- politan quota for the purposes of this section which shall be the sum of the numbers representing-
(a) the State quota;
and
(b) fifteen per centum of the State quota calculated to the nearest integral number.
(4) The number of proposed Assembly districts into which the metropolitan area is to be divided shall be determined by dividing the number of Assembly electors within the metro- politan area by the number representing the metropolitan quota, the quotient derived thereby (disregarding any fraction) being the number of proposed Assembly districts into which the Commission shaH divide the metropolitan area for the purposes of this Act.
Electoral Districts (Redivision) Act, I968-I 969·
No.:2 11
(5) The number of proposed Assembly districts into which the country area is to be divided for the purposes of this Act shall be the difference between the number forty-seven. and the number of proposed Assembly districts into which the Com- mission divides the metropolitan area.
(6) After determining the number of proposed Assembly districts into which the country area is to be divided, the Commission shall determine the country quota by dividing the number of Assembly electors within the country area by the number of proposed Assembly districts into which the country area is to be divided, the quotient derived thereby (calculated to the nearest integral number) being the country quota for the
purposes of this section. .
(7) For the purposes of paragraph (a) of subsection (1) of this section-
(a) the proposed Assembly districts into which the metropolitan area is divided by the Commission shall be regarded as approximately equal if no such proposed Assembly district contains a. number of Assembly electors that is more than ten per centum above or below the metropolitan quota;
and
(b) the proposed Assembly districts into which the country area is divided by the Commission shall be regarded as approximately equal if no such proposed Assembly district contains a number of Assembly electors that is more than fifteen per centum above or below the country quota.
(8) For the purposes of paragraph (b) of subsection (1) of this section, the Commission shall, as far as practicable, retain the existing boundaries of Council districts; but-
(a) where, in the opinion of the Commission, any Council district falls wholly or predominantly within the metropolitan area the boundaries of that Council district shall be adjusted and re-defined so as to incorporate those proposed Assembly districts within the metropolitan area which, in the opinion of the Commission, fall wholly or predominantly within that Council district ;
and
(b) such consequential adjustments shall be made to other Council districts as the Commission thinks necessary without substantially altering the present boundaries of those Council districts.
Par tv.
PAn IY.
1969
Electoral Districts (Redivision) Act, 1968-1969.No.2
9. (1) For the purpose of determining the boundaries of a proposed Assembly district, the Commission-
(a) shall have regard to-
and
(i) any community of interests of the people within the proposed Assembly district generally, whether such interests are economic, social or regional or otherwise ;
(n)
the area thereof;(iii) the existence or absence of any means of communication or travel therein, the effectiveness or otherwise of such means of communication or travel and the distance between the centres of business and population or the remote areas therein and the City of Adelaide;
and
(iv) the population of the proposed Assembly district and of various parts thereof;
(b) may have regard to-
(i) any physical features within the proposed Assembly district;
(n) the existing boundaries of existing Assembly districts, subdivisions of existing Assembly districts and local governing, or other defined, areas;
and
(ni) the likely increase or decrease in popUlation within proposed Assembly districts within the next seven years after the commence- ment of thitl Act.
(2) Where in the opinion of the Commission a portion of a city, town or township is likely to fall within a proposed Assembly district in the country area, the Commission shall endeavour, as far as possible and expedient, to include the whole of that city, town or township within that proposed Assembly district.
t:::n~ 10. (1) Before completing its report, the Commission shall,
Oommll8loo. by means of such advertisements as the Commission thinks necessary published in newspapers circulating generally through- out the State, invite representations from individuals and organizations concerning the matters to be determined by the Commission and shall by such advertisements fix a time within which such representations must be made.
Electoral Districts (Redivision) Act, 1968-1969.
No. 2 13
(2) Representations to the Commission must, in the first instance, be made in writing as required by the Commission and must include a short summary of the matters intended to be brought to the notice of the Commission.
(3) The Commission shall consider all relevant representations made to it in accordance with this section; and may, at its discretion, hear and consider any evidence, information and arguments submitted to it in support of those representations by or on behalf of any person or organization.
(4) This section does not restrict any power vested in the Commission by virtue of the Royal Commissions Act, 1917, or by virtue of its application to and in relation to the Com- mission, the Commissioners and the proceedings of or conducted before the Commission or by virtue of its application to or in relation to any person.
PART V.
MISCELLANEOUS.
PaT IV.
PART V.
11. The Commission shall present its report under the hand ~=~Ion·.
of the chairman to the Governor and shall send-
(a) one copy thereof to the President of the Legislative Council who shall lay such copy on the table of the Legislative Council ;
and
(b) one copy thereof to the Speaker of the House of Assembly who shall lay such copy on the table of the House of Assembly.
12. The money required for the establishment and appoint- :~.
ment of the Commission, for the work of the Commission and for the matters and expenses incidental thereto shall be paid out of moneys to be provided by Parliament for the purposes of this Act.
In the name and on behalf of Her Majesty, I hereby assent to this Bill.
J. W. HARRISON, Governor.
