Document ID: chunk:federal_register_of_legislation:C2025C00152:section:48:p3
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 48 (pt 3/3)
Character Range: 94251–96703

member for Cocos (Keeling) Islands or Christmas Island is determined
 (2C) If the Electoral Commissioner determines that, at a general election, no member of the House of Representatives is to be chosen in either or both of the following Territories:
 (a) the Territory of Cocos (Keeling) Islands;
 (b) the Territory of Christmas Island;
the following provisions shall have effect:
 (c) the ascertainments under section 46, and the determinations under this section, in respect of that Territory or those Territories, as the case may be, and in respect of the Northern Territory shall be deemed never to have been made;
 (d) that Territory, or those Territories, as the case may be, shall be taken to be part of the Northern Territory;
 (e) subject to subsections (2B) and (2G), the Electoral Commissioner shall, as soon as possible:
 (i) ascertain, under section 46, the number of the people of the Northern Territory; and
 (ii) determine, under this section, the number of members of the House of Representatives to be chosen in the Northern Territory at a general election.
 (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).

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

Decision final and conclusive
 (3) Notwithstanding anything contained in any other law, but subject to the Constitution and to section 39B and Part VII of the Judiciary Act 1903, a decision by the Electoral Commissioner made, or purporting to be made, under subsection (1):
 (a) is final and conclusive;
 (b) shall not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court or tribunal on any ground; and
 (c) is not subject to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, in any court on any ground.

Determination to be in writing
 (4) A determination under subsection (1) shall be made by instrument in writing.