Document ID: chunk:federal_register_of_legislation:C2025C00152:section:59:p3
Version: federal_register_of_legislation:C2025C00152
Segment Type: section
Provision Reference: s 59 (pt 3/3)
Character Range: 111009–113305

a reference to within 30 days after the day of the first meeting of the next following House of Representatives.
 (9A) Where:
 (a) a direction under subsection (1) is, but for this subsection, required by subsection (7) (including that subsection as affected by subsection (9)) to be made in relation to the Australian Capital Territory or the Northern Territory at any time within 13 months after the day of the first meeting of a House of Representatives; and
 (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 Territory at a general election;
the Electoral Commission may, by notice published in the Gazette, direct that subsection (7) does not apply in relation to the Territory until the making of the determination referred to in paragraph (c).
 (9B) Where:
 (a) the Australian Capital Territory or the Northern Territory is undergoing redistribution into Divisions; and
 (b) a direction under subsection (1) is made in relation to the Territory by virtue of paragraph (7)(aa);
the redistribution of the Territory into Divisions, being the redistribution referred to in paragraph (a), is, by force of this subsection, terminated.

Interpretation
 (10) A reference in this section to a malapportioned Division is a reference to a Division in a State, the Australian Capital Territory or the Northern Territory in which the number of electors enrolled differs from the average divisional enrolment of the State or Territory to a greater extent than one‑tenth more or one‑tenth less.
 (11) For the purposes of this section, a State, the Australian Capital Territory or the Northern Territory is undergoing redistribution into Divisions if:
 (a) a redistribution of the State or Territory into Divisions has commenced by virtue of a direction under subsection (1);
 (b) the redistribution of the State or Territory has not been terminated under subsection (6) or (9B), as the case requires; and
 (c) the State or Territory has not been distributed into Electoral Divisions as a result of the redistribution so commenced.