Opinion Number. 446

Subject

ELECTORAL DISTRIBUTION
WHETHER MARKING ON MAP AMOUNTS TO DESCRIPTION OF BOUNDARIES OF PROPOSED DIVISION

Key Legislation

COMMONWEALTH ELECTORAL ACT 1902-1911. ss. 17, 19

Date
Client
The Secretary, Department of Home Affairs

The Secretary, Department of Home Affairs asks for advice on the questions raised by the following memorandum of the Chief Electoral Officer:

The Electoral Commissioners for Queensland have exhibited maps for public infor-mation embodying their redistribution proposals in the accompanying form, i.e. without the printed technical descriptions which will of course accompany the maps submitted to Parliament. The course adopted by the Queensland Commissioners affords the public an opportunity of following the boundaries generally, if not in absolute detail, and has some-thing to commend it, if it complies with the requirements of the law, which provides that: 'Before reporting on the distribution of any State into Divisions the Commissioners shall cause a map with a description of the boundaries of each proposed Division to be exhibited at post-offices in the proposed Division, and shall invite public attention thereto by advertisement in the Gazette'.

In the corner of the maps as printed is printed letter press, setting out (inter alia) that 'the boundaries of the proposed divisions are shown in red thus' (indicating man-ner of description).

In my opinion each of these maps is 'a map with a description of the boundaries' of a proposed Division, within the meaning of section 17 of the Electoral Act. I do not think that there is any substantial difference in meaning between the words 'a map with a description of the boundaries' in section 17, and 'a map . . . showing the boundaries' in section 19.

[Vol. 10, p. 37]