Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of each redistribution of a State, the Electoral Commission shall, as soon as practicable after the commencement of the redistribution, appoint, by instrument in writing, a Redistribution Committee for the State.
(2) Subject to subsections (3), (3A) and (4), the members of a Redistribution Committee for a State shall be:
(a) the Electoral Commissioner; and
(b) the Australian Electoral Officer for the State; and
(c) either:
(i) the Surveyor - General for the State; or
(ii) if there is no office of Surveyor - General for the State--the person nominated by the relevant State Minister as the person holding the office equivalent to the office of Surveyor - General for the State; and
(d) the Auditor - General of the State.
(3) If the Surveyor - General for the State is not available to serve as a member of the Redistribution Committee, the Electoral Commission shall appoint:
(a) in a case where there is a Deputy Surveyor - General for the State who is available to serve as a member of the Redistribution Committee--a Deputy Surveyor - General for the State who is so available; or
(b) in any other case--a person nominated for the purpose by the Governor - General, being a senior person appointed or engaged under the Public Service Act 1999 from the State;
as a member of the Redistribution Committee in lieu of the Surveyor - General for the State.
(3A) If:
(a) the person nominated under subparagraph (2)(c)(ii) is not available to serve as a member of the Redistribution Committee; or
(b) no nomination is in force under that subparagraph;
the Electoral Commission must appoint:
(c) a person who:
(i) is available to serve as a member of the Redistribution Committee; and
(ii) has been nominated by the relevant State Minister as a person holding an office equivalent to an office of Deputy Surveyor - General for the State; or
(d) if there is no such person--a senior person appointed or engaged under the Public Service Act 1999 from the State nominated for the purpose by the Governor - General;
as a member of the Redistribution Committee.
(3B) For the purposes of this section, an office is equivalent to an office of Surveyor - General for a State if, in the opinion of the relevant State Minister, the functions of the office are the same as, substantially the same as, or include, functions that would be performed by a Surveyor - General for the State.
(3C) For the purposes of this section, an office is equivalent to an office of Deputy Surveyor - General for a State if, in the opinion of the relevant State Minister, the functions of the office are the same as, substantially the same as, or include, functions that would be performed by a Deputy Surveyor - General for the State.
(4) If the Auditor - General of the State is not available to serve as a member of the Redistribution Committee, the Electoral Commission shall appoint:
(a) in a case where there is a Deputy Auditor - General of the State who is available to serve as a member of the Redistribution Committee--a Deputy Auditor - General of the State who is so available; or
(b) in any other case--a person nominated for the purpose by the Governor - General, being a senior person appointed or engaged under the Public Service Act 1999 from the State;
as a member of the Redistribution Committee in lieu of the Auditor - General of the State.
(5) Subject to subsection (6), the performance of the functions, and the exercise of the powers, of a Redistribution Committee for a State are not affected by reason only of there being a vacancy, or a change or changes, in the membership of the Redistribution Committee.
(6) Where, within any period of not more than 30 days (being a period before the making under subsection 66(1) of a proposed redistribution of the State by the Redistribution Committee), 2 or more persons who are members of the Redistribution Committee die or become unable, by reason of physical or mental incapacity, to serve or continue to serve as members of the Redistribution Committee, the Electoral Commission shall, by instrument in writing, revoke the appointment of the Redistribution Committee and appoint, for the purposes of the redistribution, another Redistribution Committee for the State in accordance with subsections (2), (3), (3A) and (4).
(7) Where, in pursuance of subsection (6), the Electoral Commission revokes the appointment of a Redistribution Committee for a State and appoints another Redistribution Committee for the State, the provisions of this Part apply as if the first - mentioned Redistribution Committee had never been appointed.
(7A) This section applies to the Australian Capital Territory as if a reference to an Australian Electoral Officer for the Australian Capital Territory were a reference to the member of the staff of the Electoral Commission appointed under subsection (7B).
(7B) For the purposes of a redistribution for the Australian Capital Territory, the Electoral Commission must appoint, in writing, a member of the staff of the Electoral Commission to act as a member of the Redistribution Committee for that Territory.
(8) In this section:
"relevant State Minister" , in relation to a State, means:
(a) the Minister of State of that State who has responsibility, or the principal responsibility, for matters relating to land surveying and mapping in that State; or
(b) another Minister of State of that State acting for and on behalf of the Minister referred to in paragraph (a).