Chapter I: The Parliament
Part III – The House of Representatives
Constitution of House of Representatives
The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth, and the number of such members shall be, as nearly as practicable, twice the number of the senators.
The number of members chosen in the several States shall be in proportion to the respective numbers of their people, and shall, until the Parliament otherwise provides, be determined, whenever necessary, in the following manner:
- a quota shall be ascertained by dividing the number of the people of the Commonwealth, as shown by the latest statistics of the Commonwealth, by twice the number of the senators;
- the number of members to be chosen in each State shall be determined by dividing the number of the people of the State, as shown by the latest statistics of the Commonwealth, by the quota; and if on such division there is a remainder greater than one-half of the quota, one more member shall be chosen in the State.
But notwithstanding anything in this section, five members at least shall be chosen in each Original State.
Provisions as to races disqualified from voting
For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of the people of the State or of the Commonwealth, persons of that race resident in that State shall not be counted.
Representatives in first Parliament
Notwithstanding anything in section twenty-four, the number of members to be chosen in each State at the first election shall be as follows:
|New South Wales
Provided that if Western Australia is an Original State, the numbers shall be as follows:
|New South Wales
Alteration of number of members
Subject to this Constitution, the Parliament may make laws for increasing or diminishing the number of the members of the House of Representatives.
Duration of House of Representatives
Every House of Representatives shall continue for three years from the first meeting of the House, and no longer, but may be sooner dissolved by the Governor-General.
Until the Parliament of the Commonwealth otherwise provides, the Parliament of any State may make laws11 for determining the divisions in each State for which members of the House of Representatives may be chosen, and the number of members to be chosen for each division. A division shall not be formed out of parts of different States.
In the absence of other provision, each State shall be one electorate.
Qualification of electors
Until the Parliament otherwise provides, the qualification of electors of members of the House of Representatives shall be in each State that which is prescribed by the law of the State as the qualification of electors of the more numerous House of Parliament of the State; but in the choosing of members each elector shall vote only once.
Application of State laws
Until the Parliament otherwise provides, but subject to this Constitution, the laws in force in each State for the time being relating to elections for the more numerous House of the Parliament of the State shall, as nearly as practicable, apply to elections in the State of members of the House of Representatives.
Writs for general election
The Governor-General in Council may cause writs to be issued for general elections of members of the House of Representatives.
After the first general election, the writs shall be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof.
Writs for vacancies
Whenever a vacancy happens in the House of Representatives, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from the Commonwealth the Governor-General in Council may issue the writ.
Qualifications of members
Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows:
- he must be of the full age of twenty-one years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he is chosen;
- he must be a subject of the Queen, either natural-born or for at least five years naturalized under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a State.
Election of Speaker
The House of Representatives shall, before proceeding to the despatch of any other business, choose a member to be the Speaker of the House, and as often as the office of Speaker becomes vacant the House shall again choose a member to be the Speaker.
The Speaker shall cease to hold his office if he ceases to be a member. He may be removed from office by a vote of the House, or he may resign his office or his seat by writing addressed to the Governor-General.
Absence of Speaker
Before or during any absence of the Speaker, the House of Representatives may choose a member to perform his duties in his absence.
Resignation of member
A member may by writing addressed to the Speaker, or to the Governor-General if there is no Speaker or if the Speaker is absent from the Commonwealth, resign his place, which thereupon shall become vacant.
Vacancy by absence
The place of a member shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the House, fails to attend the House.
Until the Parliament otherwise provides, the presence of at least one-third of the whole number of the members of the House of Representatives shall be necessary to constitute a meeting of the House for the exercise of its powers.
Voting in House of Representatives
Questions arising in the House of Representatives shall be determined by a majority of votes other than that of the Speaker. The Speaker shall not vote unless the numbers are equal, and then he shall have a casting vote.
Section 29 – The following State Acts were passed in pursuance of the powers conferred by s. 29, but ceased to be in force upon the enactment of the Commonwealth Electoral Act 1902:
|New South Wales
|No. 73, 1900
|Federal Elections Act 1900
|Federal House of Representatives
Victorian Electorates Act 1900
|64 Vic. No. 25
|The Parliament of the Commonwealth Elections Act
and The Elections Acts 1885 to 1898 Amendment Act of 1900
|64 Vic. No. 6
|Federal House of Representatives
Western Australian Electorates Act 1900