Document ID: chunk:federal_register_of_legislation:C2004C00214:section:5
Version: federal_register_of_legislation:C2004C00214
Segment Type: section
Provision Reference: s 5
Character Range: 1270–3299

5  Transitional provision—increase in size of the Senate

 (1) Until the day of the first meeting of the Parliament after the first expiration or dissolution of the House of Representatives that occurs after the commencement of this Act, section 3 has effect as if the reference in that section to 12 were a reference to 10.

 (2) At the first election of senators for each State held after the commencement of this Act, the number of senators chosen for the State shall be 7.

 (3) Of the senators chosen for the State at the election, the 2 non-sitting senators first elected shall be chosen for a term of 6 years and shall hold their places from and including the day referred to in subsection (1), but, for the purpose of maintaining regularity in the rotation of senators, the places of those 2 senators shall, subject to subsection (4), become vacant at the close of 30 June 1991.

 (4) Of the senators chosen at the election, the senator last elected shall be chosen for a term of 6 years, but, for the purpose of maintaining regularity in the rotation of senators, his place shall become vacant at the close of 30 June 1988.

 (5) Each senator chosen at the election who is not one of the 2 non-sitting senators first elected shall fill a periodical vacancy arising on 1 July 1985.

 (6) The allowances payable to a senator who is one of the 2 non-sitting senators first elected shall be reckoned from and including 1 December 1984.

 (7) A reference in this section to a non-sitting senator is a reference to a senator who does not hold a place in the Senate immediately before:
 (a) the day referred to in subsection (1) if that day is 1 July 1985 or is a day before 1 July 1985; or
 (b) where paragraph (a) does not apply—1 July 1985.

 (8) If the election referred to in subsection (2) is an election following a dissolution of the Senate, the provisions of subsection (2) have effect as if the reference in that subsection to 7 were a reference to 12 and subsections (3), (4), (5), (6) and (7) do not have effect.