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Australian Electoral Law

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1 George Williams is Anthony Mason Professor and Director, Gilbert 1 Tobin Centre of Public Law, Faculty of Law, University of New south Wales, Sydney, Australia. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
2 Yet in Featherston v Tully, a full bench of the south Australia Supreme Court recently held that Woodward v Sarsonsapplied in that State. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
3 The Court’s reasoning is unfortunate because it opens the way, at least in south Australia, for every election result to be petitioned on the basis of misleading statements, possibly taken out of the context, made during an election campaign. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
4 Its Constitution Actcontains an electoral “fairness” provision, which effectively requires the south Australian Boundary Commission to predict not just demographic changes, but future voting intention. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
5 This lower house is typically elected on compulsory preferential voting (although preferences are optional in New south Wales and Queensland). This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
6 The position, however, is more acute in the New south Wales upper house, where the quota is as low as 4.5%. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
7 On the grounds of maximizing voter choice alone, however, optional preferential voting seems a desirable reform, and for that reason has been adopted in two states, Queensland and New south Wales. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
8 Concerns with the proliferation of micro and even front parties have arisen, particularly in the largest state, New south Wales. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
9 Section 26 [First Election] (1) Notwithstanding anything in Section 24, the number of members to be chosen in each State at the first election shall he as follows: New south Wales: 23 Victoria: 20 Queensland: 9 South Australia: 6 Tasmania: 5. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. Australia Constitution
10 (2) Provided that if Western Australia is an Original State, the numbers shall be as follows: New south Wales: 26 Victoria: 23 Queensland: 9 South Australia: 7 Western Australia: 5 Tasmania: 5. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. Australia Constitution
11 Chapter VII Miscellaneous Section 125 [Seat of Government] (1) The seat of Government of the Commonwealth shall be determined by the Parliament, and shall be within territory which shall have been granted to or acquired by the Commonwealth, and shall be vested in and belong to the Commonwealth, and shall be in the State of New south Wales, and be distant not less than one hundred miles from Sydney. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. Australia Constitution
12 The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, south Carolina five, and Georgia three. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. USA Constitution
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