The following questions have been referred to me for advice:

1. As to the exact intention of sub-section (a) of section 16 of the Commonwealth Electoral Acts 1902-1906, reading 'Community or diversity of interest', and its preponderating importance (if any) as compared with sub-sections (b), (c), (d), and (e) of the same section; and
2. As to whether it be intended by the provisions of the Electoral Act (so far as the distribution of a State into Electoral Divisions is concerned) that all Subdivisions of a Division must be contiguous and coterminous, i.e., that they must be all grouped together within a common boundary.

As regards question (1), section 16 of the Act enacts that in making any distribution of States into Divisions the Commissioner shall give due consideration to-

1. community or diversity of interest,
2. means of communication,
3. physical features,
4. existing boundaries of Divisions, and
5. boundaries of State Electorates.

The Act does not give any preponderance to any of the matters mentioned. What the Commissioner has to do is to give due consideration to each of the matters mentioned. What is due consideration as regards any of the matters mentioned would depend upon the circumstances of the case. I am of opinion that the provision in section 16 paragraph (a) 'Community or diversity of interest' has as a matter of law no preponderating importance as compared with the matters mentioned in paragraphs (b), (c), (d) and (e) of the same section.

As regards question (2), section 12 of the Act enacts that each State shall be distributed into Electoral Divisions equal in number to the number of members of the House of Representatives to be chosen therein and that one member of the House of Representatives shall be chosen for each Division, and by sections 15 and 16 the Act provides that a quota of electors is to be ascertained by dividing the whole number of electors for the State by the number of members of the House of Representatives to be chosen therein and that the quota so ascertained is to be the basis of the distribution. These sections are sufficient to indicate that the intention of the Act is that a Division is to consist of one unbroken area. Subdivisions are created when a Division is divided into Subdivisions and until then have no existence. Therefore a Division is not built up by joining a number of Subdivisions-it is first created as a unit and is afterwards, if necessary, divided into Subdivisions. Subdivisions therefore are not matters for consideration when the distribution is being made but are matters for consideration after the distribution is completed. I am of opinion therefore that an Electoral Division must consist of one area having an unbroken boundary line and that the Subdivisions of a Division being parts carved out of the Division must necessarily be within the boundary line of the Division.

[Vol. 7, p. 211]