Document ID: chunk:federal_register_of_legislation:C2025C00152:section:59:p1
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 59 (pt 1/3)
Character Range: 106106–108753

59  Times at which redistributions are to commence
 (1) A redistribution of a State, the Australian Capital Territory or the Northern Territory into Divisions shall commence whenever the Electoral Commission so directs by notice published in the Gazette.

Redistributions of States
 (2) Subject to subsections (3) and (5), a direction under subsection (1) shall be made in relation to a State:
 (a) forthwith after the making of a determination under subsection 48(1) that results in an alteration of the number of members of the House of Representatives to be chosen in the State at a general election;
 (b) whenever it appears to the Electoral Commission, from statements published under subsection 58(1), that more than one‑third of the Divisions in the State are, and have, for a period of more than 2 months, been, malapportioned Divisions; and
 (c) if a period of 7 years after the day on which the State was last distributed into Electoral Divisions by a determination under subsection 73(1) expires, within 30 days after the expiration of the period of 7 years;
and not otherwise.
 (3) A direction under subsection (1) shall not be made in relation to a State by virtue of paragraph (2)(b) or (c):
 (a) if the State is undergoing redistribution into Divisions; or
 (b) within one year before the date of expiry of a House of Representatives by effluxion of time.
 (4) If a period of 7 years after the day on which a State was last distributed into Electoral Divisions by a determination under subsection 73(1) expires within one year before the date of expiry of a House of Representatives by effluxion of time, subsection (2) of this section has effect, in relation to the expiration of that first‑mentioned period, as if the reference in paragraph (c) to within 30 days after the expiration of the period of 7 years were a reference to within 30 days after the day of the first meeting of the next following House of Representatives.
 (5) Where:
 (a) a direction under subsection (1) is, but for this subsection, required by subsection (2) (including that subsection as affected by subsection (4)) to be made in relation to a State at any time within 13 months after the day of the first meeting of a House of Representatives;
 (b) a determination under subsection 48(1) has not been made after the day of that first meeting; and
 (c) the Electoral Commission is of the opinion that the next following determination under subsection 48(1) will or may result in an alteration of the number of members of the House of Representatives to be chosen in the State at a general election;
the Electoral Commission may, by notice published in the