COMMONWEALTH ELECTORAL ACT 1918
- SECT 46
Ascertainment of numbers of people of Commonwealth, States and
Territories

(1) If a House of Representatives has continued for a period of 12 months after the day of the first meeting of that House, the Electoral Commissioner must ascertain the number of the people of each of the following:

(a)

the Commonwealth;

(b)

each of the States;

(c)

the Australian Capital Territory;

(d)

the Northern Territory;

(e)

the Territory of Cocos (Keeling) Islands;

(f)

the Territory of Christmas Island;

(g)

each of the other Territories.

(1A) The Electoral Commissioner must ascertain the numbers under subsection (1) on:

(a)

the first day (the reference day) after the end of the period of 12 months referred to in that subsection; or

(b)

if the reference day is a Saturday, a Sunday or a public holiday in the Australian Capital Territory—the next day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.

(1B) The Electoral Commissioner must ascertain the numbers under subsection (1) using the statistics for the following populations that the Australian Statistician has, most recently before the reference day, compiled and published in a regular series under the Census and Statistics Act 1905:

(a)

the population of each State;

(b)

the population of the Australian Capital Territory (not including the Jervis Bay Territory);

(c)

the population of the Northern Territory;

(d)

the population of the Jervis Bay Territory;

(e)

the population of the Territory of Cocos (Keeling) Islands;

(f)

the population of the Territory of Christmas Island;

(g)

the population of each of the other Territories.

(1C) The reference in subsection (1B) to statistics being published includes a reference to statistics being published electronically or in an electronic format.
(2) People on the Roll of electors for a Territory because of subsection 95AA(3) are people of that Territory for the purposes of subsection (1) of this section.