Document ID: chunk:federal_register_of_legislation:C2004A01269:clause:1_9
Version: federal_register_of_legislation:C2004A01269
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 6906–9315

9  After subsection 48(2C)
Insert:

 (2D) To avoid doubt, subsection 46(1A) does not apply to the ascertainment of the number of the people of the Northern Territory under subparagraph (2C)(e)(i) of this section.

Note: Subsection 46(1A) might otherwise require the fresh ascertainment of the number of the people of the Northern Territory under subparagraph (2C)(e)(i) of this section to be made immediately after the end of the 12 month period referred to in subsection 46(1).

 (2E) This subsection applies if:
 (a) apart from this subsection and subsection (2F), the result of dividing the number of the people of the Australian Capital Territory or the Northern Territory, as ascertained in accordance with section 46, by the quota ascertained under paragraph (2)(a) is:
 (i) a whole number (the relevant whole number); and
 (ii) a remainder that is less than or equal to one‑half of that quota; and
 (b) the difference between:
 (i) the number obtained by multiplying that quota by the sum of the relevant whole number and one‑half; and
 (ii) the number of the people of the Territory, as ascertained in accordance with section 46;
  is less than or equal to twice the standard error of the measure of the Australian Statistician's estimate of the net undercount for that Territory at the last Census.

 (2F) If subsection (2E) applies to the Australian Capital Territory or the Northern Territory:
 (a) the determination made under subsection (1) in accordance with:
 (i) subsection (2A); or
 (ii) subparagraph (2C)(e)(ii);
  in respect of that Territory is taken never to have been made; and
 (b) the number of the people of that Territory, as ascertained in accordance with section 46, is taken to be increased by a number equal to twice the standard error referred to in paragraph (2E)(b); and
 (c) subject to subsection (2G), the Electoral Commissioner must, as soon as possible, determine under this section the number of members of the House of Representatives to be chosen in that Territory at a general election.

Note: In certain circumstances, the number of the people of the Northern Territory will have been re‑ascertained in accordance with section 46 because of the operation of subsection (2C).

 (2G) The determinations made under subsection (1), and paragraphs (2C)(e) and (2F)(c), must be made within 1 month after the end of the period of 12 months referred to in subsection 46(1).