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Thursday, 7 May 1987
Page: 2458


Senator VIGOR(10.13) —When the debate was interrupted last night I was dealing with some of the matters which would be advantaged by my amendments. The main one is that we will get real one vote one value. However, I would just like to resummarise some of the other advantages. Firstly, under the current system, every month we have to ascertain the number of people in each electorate. Under my proposed scheme it would be necessary only every six months, in our estimation, simply because the electorates would be bigger if we had multi-member electorates and under those circumstances we would not need to redistribute so often. Redistribution under current legislation is required at least every seven years, and sooner if numbers get out of kilter. This provision could be relaxed if we moved to a system of multi-member electorates with proportional representation. Savings are produced under a system of proportional representation redistribution because boundaries do not have to be continually disrupted due to the very small nature of the individual electorates. There will be an enormous cost advantage because redistribution can be very expensive. It has been rather difficult for me to get details of the costs of running the seven-yearly compulsory redistributions. I would be very grateful if the Special Minister of State (Senator Tate) let us know in reply to the debate whether any figures are available on the costs of the 1984 redistribution. This would give us some idea of the money spent when electorates on the edges of cities grow and we have to carry out a full redistribution program.

The one vote one value principle has received a lot of abuse. An excellent measure of the degree to which an electoral system is fair is the extent to which the wishes of the voters are mirrored in the composition of parliament. It is the voter's perspective that makes or breaks democracy. I would like to cite some of the figures associated with various elections to show that where proportional representation has been used the voters' wishes have been expressed much more effectively. I start with the 1986 general election, held on 8 February, in Tasmania. The Liberal Party received 54.2 per cent of first preferences and won 19 of the 35 seats. Across Tasmania there was one Liberal member of the House of Assembly for every 7,300 voters. That is only a rough calculation. The Labor Party received 35.1 per cent of first preferences in that election and won 14 of the 35 seats, that, is, 40 per cent of the total number of seats. So the Labor Party was slightly over-represented, instead of being totally wiped out, which would have happened in the single-member electorate system which we have for the House of Representatives. There was one Labor member of the House of Assembly for every 6,400 Labor voters.

The independents and Australian Democrats received 10.7 per cent of the vote and won 2 seats, or 5.7 per cent of the total number of seats. The major parties could not complain about the result. Labor, in particular, had no reason to complain. Only two independents were elected. This shows that the practical hurdle of the 12.5 per cent quota is quite sufficient in seven-member electorates. Having a completely fragmented parliament is not a real problem.


Senator Aulich —It is a lunatic system and you know it.


Senator VIGOR —Senator Aulich, who comes from Tasmania, says that it is a lunatic system. He probably would have been wiped out. Extensive community support is needed in Tasmania for a candidate to be elected. Maybe that is what Senator Aulich objects to. It has been harder for people outside the major parties, outside Labor and coalition ranks, to get elected in seven-member districts in Tasmania than it has been for them to get elected to the Senate when there were five-member vacancies.

A large part of the reason is that far fewer attempts are made to regiment voting in Tasmania than is the case in other places. The rotation of names in the ballot paper and the very sensible absence of how to vote card materials on polling day has helped generate a much more discriminating voter and a much more discriminating electoral climate. While both Labor and Liberal have maintained their representation levels from the previous election, six sitting Liberals and seven sitting Labor members of the House of Assembly did in fact lose their seats. So that parties maintained the holding which they had, but the people had a choice within those parties, which is pretty fair. The Hobart Mercury commented, in fact, that casualties came from both Liberal and Labor ranks and included some surprises, but all in all the electors of Tasmania showed great perception in choosing from the many candidates and their proven skills and enthusiasm. Under this system the candidates must work to be elected.

At the previous general election of 15 May 1982 the Liberal Party received 121,346 votes with 19 members elected-one for each 6,400 supporters. The Labor Party received 92,184 votes with 14 members elected-one for each 6,600 supporters. When we look at the average figures for the major parties, we see that they are quite close together. In 1982 the Liberals were slightly advantaged while in 1985 the Labor Party was favoured. I compare this situation with that in NSW which proclaimed itself loudly as a one vote one value State during Mr Wran's term of office.

The last general elections were in March 1984 when the Labor Party received 48.75 per cent of first preferences and won 59 per cent of the seats-quite a hefty bonus. In fact, there were 25,300 Labor supporters for each candidate elected. The Liberal Party received 32.17 per cent of the first preferences and won 22 per cent of the seats because its vote was spread rather widely over the whole State. There were nearly 44,000 Liberal voters for each Liberal member. Clearly the value of a Liberal vote in NSW is less than the value of a Labor vote in NSW under this scheme. If we take the National Party of Australia, with 15 of its 23 candidates successful and only 10.84 per cent of the vote, it was even more advantaged than the Labor Party because for every 21,700 supporters, the National Party managed to get one parliamentarian.

An analysis of the election results by the Proportional Representation Society of Australia produced the following picture of 11 simulated nine-member districts: It was most likely that the Labor Party would win 51 seats on its 49 per cent of the vote, one for every 28,700 supporters; the Liberal Party with 32 per cent of first preferences translated its vote into 34 seats, one for every 28,500 supporters; and the National Party with 11 per cent would suffer and take only 11 seats, one for every 29,600 supporters. If we really believe in one vote one value, we must support a proportional representation system for the House of Representatives. That is exactly what this amendment does. Clearly the division of NSW into nine-member districts would produce a real one vote one value result, whereas the actual single member electorates in fact produce nothing of the sort.

The situation in the 1981 election was even more unfair to the Liberal Party. I hope that the Liberal Party is listening to this. The distortion of voters' wishes in New South Wales has been as bad as that in Queensland, with its terrible zonal system which has been mercilessly refined by the Nationals since inheriting it from the Hanlon Labor Government. For instance, in 1983 on polling day there were 12,500 supporters for each National Party member of the Legislative Assembly, 18,100 for each Labor member and 24,500 for each Liberal elected. The situation for the House of Representatives election is not much better. Despite the proud assertion that one vote one value was upon us when Mr Whitlam succeeded in dropping the electoral tolerances from 20 to 10 per cent at the Joint sitting in 1974, all he appears to have done is to have given us more redistributions. The Australian Labor Party received 47.5 per cent of the vote Australia-wide in the election and it took 55.4 per cent of the seats-one for every 50,200 supporters. The Liberal Party received 34.4 per cent of the first preference votes and got 30.4 per cent of the members-one for every 66,200 supporters. The National Party got 10.6 per cent of the vote and 15.2 per cent of the seats-one for every 43,900 supporters. Once again, the fluctuations in the responsiveness to voter support indicate that one vote one value is not a fact in the House of Representatives system at the moment.

The Bill before us does not change that. It continues to push a system which leads to these great diversities of values. I recommend to the Committee that my amendments be supported so that the voters of Australia are given a fair go. That is their aim. It is essential that this Parliament take the voters seriously and give them a real chance to express their votes so that they are given the same value, irrespective of for whom they vote. I seek leave to move my amendments together.

Leave granted.


Senator VIGOR —I move:

GROUP 2-PROPORTIONAL REPRESENTATION

(1) Page 3, clause 5, lines 29 to 38, leave out the clause, insert the following clauses:

``Heading to Division 3 of Part III

``5. The heading to Division 3 of Part III of the Principal Act is amended by inserting `and Territories' after `States'.

``5a. Section 46 of the Principal Act is repealed and the following section is substituted:

Ascertainment of numbers of people of the Commonwealth, the States and the Territories

`46. Where a House of Representatives has continued for a period of 11 months after the day of the first meeting of that House, the Electoral Commissioner shall-

(a) within one month after the expiration of the period of 11 months;

(b) within one month after the expiration of a period of 17 months after the day of the first meeting of that House;

(c) within one month after the expiration of a period of 23 months after the day of the first meeting of that House; and

(d) within one month after the expiration of a period of 29 months after the day of the first meeting of that House,

if that House is still continuing, ascertain the numbers of the people of the Commonwealth and of the several States and of each Territory in accordance with the latest statistics of the Commonwealth.'.

Determination of numbers of members of the House of Representatives to be chosen in States and Territories

``5b. Section 48 of the Principal Act is amended-

(a) by omitting from sub-section (1) `States,' and substituting `States and of each Territory,';

(b) by inserting in sub-section (1) `and in each Territory' after `States';

(c) by inserting in sub-section (2) `and in each Territory' after `States' (first occurring);

(d) by omitting from paragraph (2) (b) `State.' and substituting `State;'; and

(e) by adding at the end of sub-section (2) the following paragraph:

`(c) the number of members to be chosen in each Territory shall be determined by dividing the number of people of the Territory as ascertained in accordance with section 46, by the quota and-

(i) if on such division the result is a fraction less than one, one member shall be chosen in the Territory; or

(ii) if on such division there is a remainder greater than one-half of the quota, one more member shall be chosen in the Territory.'.

Notification of determination

``5c. Section 49 of the Principal Act is amended-

(a) by inserting in sub-section (1) `and in each Territory' after `States' (first occurring); and

(b) by inserting in sub-paragraph (1) (a) (i) `and of each Territory' after `States'.

Number of members of House of Representatives to be chosen in States and Territories

``5d. Section 50 of the Principal Act is amended by inserting `and in each Territory' after `State'.

Heading to Division 4 of Part III

``5e. The heading to Division 4 of Part III of the Principal Act is repealed.

Repeal of sections 51 and 52

``5f. Sections 51 and 52 of the principal Act are repealed.

Interpretation

``5g. Section 55 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

`(1) In this Part ``average enrolment per member'', in relation to a State, means-

(a) subject to paragraph (b), the number ascertained by dividing the number of electors enrolled in the State by the number of members of the House of Representatives to be chosen in the State in accordance with the latest determination made under sub-section 48 (1), or

(b) in a case where the number ascertained in accordance with paragraph (a) includes a fraction-the number so ascertained-

(i) if the fraction is less than one-half-reduced to the nearest whole number; or

(ii) if the fraction is one-half or more-increased to the nearest whole number.'.

``5h. Sections 56 and 57 of the Principle Act are repealed and the following section is substituted:

Distribution of States and Territories into Electoral Divisions

`56. (1) In this section, ``population density'' means, in relation to an Electoral Division, the number ascertained by dividing the population in that Electoral Division by the number of square kilometres in that Electoral Division.

`(2) Each State shall be distributed into Electoral Divisions in accordance with sub-section (3).

`(3) Where the number of members of the House of Representatives to be chosen in State determined in accordance with section 48 is-

(a) any number other than a number referred to in paragraph (b)-the State shall, subject to sub-section (4), form such number of Electoral Divisions, each returning an odd number of members greater than or equal to five, as the Redistribution Committee for the State considered appropriate; or

(b) thirteen, eleven, nine or any number less than nine-the State shall form one Electoral Division.

`(4) Where, in accordance with sub-section (3), a State is distributed into more than one Electoral Division, no Electoral Division shall be formed such that the population density in that Electoral Division is greater than the population density in any other Electoral Division returning a larger number of members.

`(5) Each Territory shall form one Electoral Division.'.

Monthly ascertainment of enrolment, &c.

``5j. Section 58 of the Principal Act is amended by omitting sub-sections (1) and (2) and substituting the following sub-sections:

`(1) The Electoral Commissioner shall, forthwith after having ascertained, in accordance with section 46, the numbers of the people of the several States-

(a) ascertain, in respect of each State, as at the close of a day in a month referred to in paragraph 46 (a), (b), (c), or (d), the number of electors enrolled in each Division;

(b) determine, in respect of each State, as at the close of that day in the month-

(i) the average enrolment per member; and

(ii) the extent to which, in each Electoral Division, the number ascertained by dividing the number of electors enrolled in the Electoral Division by the number of members returned by that Electoral Division differs from the average enrolment per member; and

(c) cause a statement setting out the matters so ascertained and determined to be, published forthwith in the Gazette.

`(2) Nothing in sub-section (1) shall be taken to require a determination under that sub-section to be made in respect of the several States as at the close of the same day in a month.'.

Times at which redistributions are to commence

``5k. Section 59 of the Principal Act is amended-

(a) by omitting from paragraph (2) (b) `2 months, been, malapportioned Divisions; and' and substituting `6 months, been, malapportioned Divisions,';

(b) by omitting paragraph (2) (c);

(c) by omitting from sub-section (3) `or (c)';

(d) by omitting from paragraph (3) (b) `one year' and substituting `six months';

(e) by omitting sub-section (4);

(f) by omitting from paragraph (5) (a) `(including that sub-section as affected by sub-section (4))';

(g) by omitting sub-sections (7), (8) and (9);

(h) by omitting from sub-section (10) all words after `in a State' and substituting `in which the number ascertained by dividing the number of electors enrolled in the Division by the number of members returned by that Division differs from the average enrolment per member in relation to the State to a greater extent than one-tenth more or one-tenth less.'; and

(j) by omitting from paragraph (11) (b) `in the case of a State-'.''.

(2) Page 4, clause 7, lines 13 to 25, leave out the clause, insert the following clause:

``7. Section 66 of the Principal Act is repealed and the following section substituted:

Redistribution Committee to make proposed redistribution

`66. (1) A Redistribution Committee for a State shall, in accordance with sub-section (2), (3) and (4), make a proposed redistribution of the State.

`(2) The proposed redistribution shall propose the distribution of the State into Electoral Divisions in accordance with section 56.

`(3) In making the proposed redistribution, the Redistribution Committee shall give due consideration, in relation to each proposed Electoral Division, to-

(a) community of interests within the proposed Electoral Division, including economic, social and regional interests;

(b) means of communication and travel within the proposed Electoral Divison;

(c) the trend of population changes within the State; and

(d) the physical features and area of the proposed Electoral Division.

`(4) In making the proposed redistribution, the Redistribution Committee shall not, in relation to a proposed Electoral Division, allow the number ascertained by dividing the number of electors enrolled in the proposed Electoral Division as set out in the latest statement published in accordance with sub-section 58 (1) by the number of members to be returned by that proposed Electoral Division to differ from the average enrolment per member for the State to a greater extent than one-tenth more or one-tenth less.'.''.

(3) Page 7, paragraphs 13 (b) and (c), lines 34 to 42, leave out the paragraphs, insert the following paragraph:

``(b) by omitting sub-sections (3), (4) and (5) and substituting the following sub-sections:

`(3) The determination shall distribute the State into Electoral Divisions in accordance with section 56.

`(4) In making the determination, the augmented Electoral Commission shall give due consideration, in relation to each Electoral Division, to-

(a) community of interests within the Electoral Division, including economic, social and regional interests;

(b) means of communication and travel within the Electoral Division;

(c) the trend of population changes within the State; and

(d) the physical features and area of the Electoral Division.

`(5) In making the determination, the augmented Electoral Commission shall not, in relation to an Electoral Division, allow the number ascertained by dividing the number of electors enrolled in the Electoral Division as set out in the latest statement published in accordance with sub- section 58 (1) by the number of members to be returned by that Electoral Division to differ from the average enrolment per member for the State to a greater extent than one-tenth more or one-tenth less.'; and''.

(4) Page 8, clause 15, lines 18 to 28, leave out the clause, insert the following clauses:

Mini-redistribution

``15. Section 76 of the Principal Act is amended-

(a) by omitting from sub-section (1) `of Divisions in accordance with which the State is for the time being distributed' and substituting `of members to be chosen in the State in accordance with which the State is for the time being distributed';

(b) by inserting in sub-paragraph (3) (a) (ii) `and' after `Divisions;';

(c) by inserting in sub-paragraph (3) (a) (iii) `and' after `enrolled;';

(d) by omitting sub-paragraphs (3) (a) (iv) and (v);

(e) by inserting in sub-paragraph (3) (b) (ii) `and' after `Divisions;';

(f) by omitting from sub-paragraph (3) (b) (iii) `enrolled;' and substituting `enrolled.';

(g) by omitting sub-paragraphs (3) (b) (iv) and (v);

(h) by omitting from sub-section (4) `or remaining on';

(j) by omitting from sub-section (5) `or remaining on';

(k) by omitting from sub-section (7) `set aside a number of pairs of contiguous Divisions in the State equal to the difference between the present entitlement of the State and the previous entitlement of the State' and substituting `set aside a pair of contiguous Divisions in the State'; and

(l) by omitting from sub-sections (9), (10), (11) and (12) and substituting the following sub-sections:

`(9) A pair of contiguous divisions set aside under sub-section (3) shall be distributed into one Electoral Division.

`(10) The Electoral Division so formed from the pair of contiguous Divisions shall have a name consisting of the names of each Division included in the pair of contiguous Divisions arranged in alphabetical order and hyphenated.

`(11) Where the present entitlement of the State is greater than the previous entitlement of the State, the Electoral Division formed from the pair of contiguous Divisions set aside in pursuance of paragraph (3) (a) shall return a number of members one more than the sum of the numbers of members returned by each of the pair of contiguous Divisions.

`(12) Where the present entitlement of the State is less than the previous entitlement of the State, the Electoral Division formed from the pair of contiguous Divisions set aside in pursuance of paragraph (3) (b) shall return a number of members one less than the sum of the numbers of members returned by each of the pair of contiguous Divisions.'

Subdivisions

``15a. Section 79 of the Principal Act is amended-

(a) by omitting from sub-section (1) all words after `published' and substituting `in the Gazette, divide a Division into such Subdivisions (if any) as are specified and set out the boundaries of each Subdivision so specified';

(b) by omitting from sub-section (2) `District' (twice occurring) and substituting `Subdivision'; and

(c) by omitting from sub-section (3) `or a District of the Northern Territory'.''.

(5) Page 19, clause 32, before paragraph (a), insert the following new paragraphs:

``(aa) by inserting in paragraph (5) (b) `and' after `(4);';

(ab) by omitting from paragraph (5) (c) `candidate;' and substituting `candidate.';

(ac) by omitting paragraphs (5) (d), (e) and (f);

(ad) by inserting after sub-section (5) the following sub-sections:

`(5a) The Divisional Returning Officer shall, in relation to ballot-papers in a Senate election-

(a) count the first preference votes given for each candidate on such ballot-papers, and transmit the following information, by telegram or in some other expeditious manner, to the Australian Electoral Officer:

(i) the number of first preference votes given for each candidate-

(A) on ballot-papers marked in accordance with sub-section 239 (2); and

(B) on all other ballot papers; and

(ii) the total number of ballot-papers rejected as informal;

(b) seal up the parcels and indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement; and

(c) transmit with the least possible delay the parcels of unrejected ballot-papers marked otherwise than in accordance with sub-section 239 (2) to the Australian Electoral Officer and inform the Australian Electoral Officer, by telegram or in some other expeditious manner of the transmission.

`(5b) The Divisional Returning Officer shall, in relation to ballot-papers in a House of Representatives election, count the first preference votes given for each candidate on such ballot-papers.';''.

(6) Page 19, paragraph 32 (a), proposed new sub- section 273 (7), line 41, after ``State'' insert ``, in relation to a Senate election, or the Divisional Returning Officer for a Division, in relation to a House of Representatives election,''.

(7) Page 19, after paragraph 32 (a), insert the following new paragraph:

``(ba) by omitting from paragraph (9) (a) `first pref- erence votes received by him' and substituting `ballot-papers of the elected candidate that express a first preference vote for him and a next available preference';''.

(8) Page 22, after paragraph 32 (f), insert the following new paragraphs:

``(fa) by omitting from sub-section (17) `shall have a casting vote, but he' and substituting `, in relation to a Senate election, or the Divisional Returning Officer for a Division, in relation to a House of Representatives election, shall have a casting vote, but the Australian Electoral Officer or Divisional Returning Officer, as the case requires,';

(fb) by inserting in sub-section (19) `of ballot- papers in a Senate election' after `scrutiny';

(fc) by inserting after sub-section (19) the follow- ing sub-section:

`(19a) At the conclusion of the scrutiny of ballot-papers in a House of Representatives election, the Divisional Returning Officer shall place in parcels all the unrejected ballot-papers, seal up those parcels and the separate parcel of informal ballot-papers set aside under paragraph 5 (b), indorse on each parcel a description of the contents thereof, and permit any scrutineers present, if they so desire, to countersign the indorsement.';''.

(9) Page 22, paragraph 32 (j), leave out the paragraph, insert the following paragraphs:

``(j) by omitting from subsection (22) `or transfer' (wherever occurring);

(ja) by inserting in subsection (22) `or the Divisional Returning Officer for the Division, as the case requires' after `State';

(jb) by omitting from subsection (23) `or transfer' (wherever occurring);''.

(10) Page 22, paragraph 32 (m), proposed new subsection 273 (29), proposed definition of ``leading shortfall'', line 36, after ``Senate'', insert ``or House of Representatives''.

(11) Page 22, paragraph 32 (m), proposed new sub- section 273 (29), proposed definition of ``shortfall'', line 43, after ``Senate'', insert ``or House of Representatives''.

(12) Page 23, paragraph 32 (m), proposed new sub- section 273 (29), proposed definition of ``vacancy shortfall'', line 6, after ``Senate'', insert ``or House of Representatives''.

(13) Page 23, paragraph 32 (p), proposed new sub- section 273 (31), line 33, after ``State'', insert ``, in relation to a Senate election, or the Divisional Returning Officer for a Division, in relation to a House of Representatives election''.

(14) Page 23, clause 33, lines 35 to 43, leave out the clause.

(15) Page 32, after clause 45, add the following new clause:

Consequential amendments

``46. The Principal Act is further amended as set out in Schedule 2.''.

(16) Page 34, at end of Bill, add the attached Schedule.

SCHEDULE 2

Section 46

CONSEQUENTIAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting ``or the Australian Capital Territory'' (wherever occurring):

Sub-sections 59 (1) and (11), 62 (1), 63 (1) and 64 (1), section 67, sub-sections 68 (1), 70 (1), (2) and (3), 71 (1), 72 (1), 73 (1), 74 (1), 75 (1) and 77 (1) and section 78.

2. The following provisions of the Principal Act are amended by omitting ``or Territory'' (wherever occurring):

Paragraphs 59 (11) (a) and (c), sub-sections 64 (1), 68 (1) and 70 (1), paragraph 70 (2) (c), and sub-sections 70 (4), 72 (1) and (3), 73 (1) and (2) and 75 (1).

3. The following provisions of the Principal Act are amended by inserting ``or House of Representatives'' after ``Senate'' (wherever occurring):

Sub-sections 145 (1) and (2), 146 (2) and 168 (1), section 169, sub-sections 179 (1) and 209 (1), section 210, sub-sections 211 (1), (2), (4) and (5), 214 (2), 216 (1), 226 (3) and 239 (1), paragraph 268 (1) (b), sub-sections 269 (1) and (2) and 270 (1), paragraphs 272 (1) (a), 272 (2) (a), 272 (3) (a) and 272 (5) (a), sub-sections 273 (1), 287 (1) (definition of ``group''), 293 (2), 294 (5) and 299 (3) and (4) and section 301.

4. The Principal Act is further amended as set out in the following table:

Provision

Amendment

Sub-section 4 (1)

(definition of

``Division'')

Omit the definition, substitute:

`` `Division' means an Electoral Division for the election of a member or members of the House of Representatives;''.

Sub-section 4 (5)

Omit the sub-section.

Sub-section 34 (2)

Omit ``District'', substitute ``Subdivision''.

Section 61

Repeal the section.

Sub-section 62 (4)

Omit the sub-section.

Sub-section 64 (2)

Omit all words after ``perusal'', substitute ``at the office of the Australian Electoral Officer for the State.''.

Section 65

Repeal the section.

Sub-section 77 (2)

Omit ``sections 56, 57 and 65'', substitute ``section 56,''.

Sub-section 145 (3)

Omit paragraph (c), substitute the following paragraphs:

``(c) specify the House of Parliament in an election for which they are candidates;

(ca) in the case of candidates in a Senate election-specify the State or Territory in which they are candidates;

(cb) in the case of candidates in a House of Representatives election-specify the Division in which they are candidates;''.

Paragraph 146 (2) (a)

Insert ``, (ca), (cb)'' after ``(c)''.

Paragraph 154 (2) (h)

Insert ``or members'' after ``member''.

Sub-section 168 (2)

Insert ``or Divisional Returning Officer, as the case requires'' after ``Officer''.

Sub-section 168 (4)

Insert ``or Divisional Returning Officer'' after ``Officer''.

Sub-section 168 (5)

Insert ``or Divisional Returning Officer'' after ``Officer''.

Section 169

(a) Insert ``or Divisional Returning Officer, as the case requires'' after ``Officer'' (first occurring).

(a) Insert ``or Division Returning Officer'' after ``Officer'' (second occurring).

Section 173

Omit all words after ``if he is elected,'' substitute ``or-

(a) if the total number of votes polled in his favour as first preferences is at least 14% of the total number of votes polled in favour of the candidates in the election as first preferences; or

(b) in a case where the name of the candidate is included, in ballot-papers used in the election, in a group in pursuance of section 168-if the sum of the votes polled in favour of each candidates included in the group as first preferences is at least 4% of the total number of votes polled in favour of the candidates in the election as first preferences,

otherwise it shall be forfeited to the Commonwealth.''.

Sub-section 179 (1)

Insert ``or Divisional Returning Officer, as the case requires,'' after ``Officer''.

Sub-section 179 (2)

Omit the sub-section.

Sub-section 180 (2)

Omit the sub-section, substitute the following sub-section:

``(2) If after the nominations for the House of Representatives election have been declared and before polling day any candidate dies and the candidate or candidates remaining are not greater in number than the candidates required to be elected, the candidate or candidates remaining shall forthwith be declared to be elected and the writ returned.''.

Sub-section 209 (2)

Omit the sub-section.

Paragraph 210 (b)

Insert ``Or the Divisional Returning Officer, as the case requires,'' after ``Officer''.

Paragraph 210 (c)

Insert ``Or the Divisional Returning Officer'' after ``Officer''.

Paragraph 210 (d)

Insert ``or the Divisional Returning Officer'' after ``Officer''.

Sub-section 211 (1)

Insert ``or the Divisional Returning Officer for the Division'' after ``Territory''.

Section 212

Repeal the section.

Sub-section 213 (1)

Omit ``or 212''.

Sub-section 216 (1)

Insert ``or the Divisional Returning Officer, as the case requires,'' after ``Officer''.

Sub-section 221 (2)

Insert ``or members'' after ``member''.

Section 240

Repeal the section.

Sub-section 250 (4)

(a) Omit ``212,'' (first occurring).

(b) Omit ``, 212'' (second occurring).

Paragraph 268 (1) (c)

Omit the paragraph.

Sub-section 270 (2)

Omit the sub-section.

Sub-section 270 (3)

Omit ``or (2)''.

Sub-paragraph 272 (2) (d) (i)

Insert ``or the Divisional Returning Officer for the relevant Division, as the case requires'' after ``Territory''.

Sub-paragraph 272 (3) (d) (i)

Insert ``or the Divisional Returning Officer for the relevant Division, as the case requires'' after ``Territory''.

Sub-paragraph 272 (3) (e) (i)

Insert ``or the Divisional Returning Officer for the relevant Division, as the case requires'' after ``Territory''.

Sub-paragraph 272 (3) (e) (ii)

Insert ``or the Divisional Returning Officer for the relevant Division, as the case requires'' after ``Territory''.

Section 274

Repeal the section.

Section 276

Repeal the section.

Section 277

Repeal the section.

Paragraph 284 (1) (a)

Insert ``or the names of the candidates'' after ``candidate''.

Paragraph 284 (1) (b)

Insert ``or the names of the candidates'' after ``candidate''.

Sub-section 284 (3)

Insert ``or the names of each of the candidates'' after ``candidate'' (first occurring).

Sub-section 287 (1) (definition of ``election'')

Insert ``or members'' after ``member''.

Sub-section 294 (1)

Insert ``or an eligible group'' after ``candidate''.

Sub-section 295 (7)

Omit paragraph (b), substitute the following paragraph:

``(b) each group the members of which-

(i) were endorsed in one of those elections by the party; and

(ii) stood for election in the State or Territory on the basis of which the branch is organized.''.

Sub-paragraph 351 (1) (b) (ii)

(a) Insert ``or Members'' after ``Member''.

(b) Insert ``, or that that group of candidates is the group for which,'' after ``whom''.

Schedule, Form E

(a) Omit ``Senators'', substitute ``[ 9 ]''.

(b) Insert in note 5 ``(in the case of a Senate election) or Division (in the case of a House of Representatives election)'' after ``Territory''.

(c) Add at the end of note 6 ``or Division, as appropriate''.

(d) Add at the end of the Form ``9 Here insert Senators or Members, as appropriate''.

Schedule, Form F

Omit the Form.