Electoral Boundaries Commission (Amendment) Act 2012

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Electoral Boundaries Commission (Amendment) Act 2012


Act No. 15 of 2012





C
T

ELECTORAL BOUNDARIES

COMMISSION (AMENDMENT) ACT 2012

Electoral Boundaries Commission (Amendment)
Act 2012 Arrangement of Sections





to
Act No. 15 of 2012 Page 3




C
T

ELECTORAL BOUNDARIES COMMISSION

(AMENDMENT) ACT 2012

Arrangement of Sections

Section

1 Short title................................................................................................................ 5
2 Long title amended ................................................................................................ 6
3 Section 2 amended ................................................................................................. 6
4 Section 10A inserted .............................................................................................. 6
5 Section 14 amended ............................................................................................... 6
6 Sections 17 and 18 replaced ................................................................................... 7
7 Sections 19A and 19B inserted .............................................................................. 8





Electoral Boundaries Commission (Amendment) Act
2012 Section 1





to
Act No. 15 of 2012 Page 5




C
T

ELECTORAL BOUNDARIES COMMISSION

(AMENDMENT) ACT 2012

Act No. 15 of 2012

AN ACT TO AMEND THE ELECTORAL BOUNDARIES COMMISSION

ACT 2010 TO PRESCRIBE DIFFERENT PRINCIPLES AND

CONSIDERATIONS TO BE USED BY THE COMMISSION IN

DETERMINING THE BOUNDARIES OF ELECTORAL

CONSTITUENCIES, AND FOR OTHER PURPOSES

I assent,

TUPOU VI,

21
st
November 2012.



BE IT ENACTED by the King and Legislative Assembly of Tonga in the

Legislature of the Kingdom as follows:

1 Short title

(1) This Act may be cited as the Electoral Boundaries Commission (Amendment)

Act 2012.

(2) The Electoral Boundaries Commission Act 2010 is in this Act referred to as

the Principal Act.

Section 2
Electoral Boundaries Commission (Amendment) Act

2012





Page 6 Act No. 15 of 2012

to


2 Long title amended

The long title of the Principal Act is amended by repealing the word “Districts” and

replacing it with “Constituencies”.

3 Section 2 amended

In section 2 of the Principal Act, the definition “Electoral District” is repealed and

replaced with –

““island group” means one of the following –

(a) Tongatapu;

(b) Vava’u;

(c) Ha’apai;

(d) ‘Eua;

(e) the Niuas.”.

4 Section 10A inserted

The following section is inserted the Principal Act as section 10A –



“10A Communications from Prime Minister

If the Prime Minister wishes to communicate with the Commission he shall

do so in writing and a copy of every communication made under this section

to the Commission in any year shall be included in the annual report of the

Commission for that year laid before the Legislative Assembly under section

22.”.

5 Section 14 amended

Section 14 of the Principal Act is amended by –

(a) inserting the following subsections –

“(3) As soon as the accounts have been audited, the Commission shall

forward a copy of the statement of accounts referred to in subsection

(1) to the Cabinet, together with a copy of any report made by the

auditor on that statement of accounts or on the accounts of the

Commission.

(4) The accounts of the Commission, as soon as may be after the close of

each financial year and after audit, shall be published in such manner as

the Cabinet decides.”; and

(b) renumbering the present subsection (3) as subsection (5).

Electoral Boundaries Commission (Amendment) Act
2012 Section 6





to
Act No. 15 of 2012 Page 7




6 Sections 17 and 18 replaced

Sections 17 and 18 of the Principal Act are repealed and replaced with the following

sections –

“17 Determination of boundaries

(1) Each determination of electoral boundaries shall be made by dividing

Tonga into 17 electoral constituencies in accordance with the

principles specified in this section and section 18.

(2) Subject to subsection (3) electoral constituencies within any island

group that includes more than one electoral constituency shall contain

an equal number of residents.

(3) If, in the opinion of the Commission, in taking into account the

considerations specified in subsection (4), electoral constituencies

within any island group that includes more than one electoral

constituency (including an island group that incorporates a merged

population pursuant to section 18) should contain unequal numbers of

residents, the Commission may in determining electoral

constituencies in such island group make an allowance by way of

addition or subtraction of population to an extent not exceeding 10

per centum more or less:

Provided that it shall not be a ground for contesting the validity of any

election that electoral constituencies within any such island group

vary in population size by more than 10 per centum.

(4) The Commission shall give due consideration to –

(a) the principle of population equality between electoral

constituencies;

(b) density of population;

(c) physical features including the natural boundaries of islands;

(d) local, town, district and traditional divisions and administrative

areas;

(e) the keeping of villages, estates, districts and communities of

interest intact where possible;

(f) community of interests within the proposed electoral

constituency, including economic, social and regional interests;

(g) means of communication and travel within the proposed

electoral constituency;

(h) geographical distribution of the settlements and the ease of

communications between persons therein and their

representative; and

(i) the contiguity of electoral boundaries.

Section 7
Electoral Boundaries Commission (Amendment) Act

2012





Page 8 Act No. 15 of 2012

to


18 Principles in determining boundaries

The Commission shall observe the following general principles in

determining electoral boundaries –

(a) electoral constituencies should be allocated between the various

island groups according to population distribution; but if in the

opinion of the Commission the population of an island group is

too small to justify that island group comprising a complete

electoral constituency, then the population of that island group

should for the purposes of the determination of electoral

constituencies be merged with the population of another island

group, and in such case the principle specified in this

subparagraph shall apply as if that merged population

comprised a single island group;

(b) the principle set out in paragraph (a) should only be departed

from if the Commission considers that there is strong

justification on the basis of those considerations specified in

section 17(4);

(c) the drawing of boundaries along roads and coastlines wherever

possible.”.

7 Sections 19A and 19B inserted

The Principal Act is amended by inserting the following sections as 19A and 19B –


“19A Notice of proposed boundaries

(1) When the Commission proposes to make a determination under

section 17, it shall publish in the Gazette a notice —

(a) stating places at which the public may inspect, without charge



(i) the names, and a description of the boundaries, of the

proposed constituencies; and

(ii) a summary, in respect of each proposed constituency, of

the reasons why the boundaries described are being

proposed; and

(b) stating the last date on which the Commission will receive

written objections to the proposed boundaries or any of them

and to the proposed names or any of them (which date shall be

not less than one month after the date of the publication of the

said notice in the Gazette).

(2) Any failure to comply with subsection (1)(a) shall not of itself

invalidate any decision or proceedings of the Commission.

Electoral Boundaries Commission (Amendment) Act
2012 Section 7





to
Act No. 15 of 2012 Page 9




(3) Where any objections are received under subsection (1)(b), the

Commission shall publish in the Gazette a notice—

(a) containing a summary of the objections;

(b) stating a place or places at which the objections are available

for public inspection; and

(c) stating the last date on which the Commission will receive

written counter-objections to those objections or any of them

(which date shall not be less than 1 month after the date of the

publication of the said notice in the Gazette).

(4) The Commission shall, before coming to a final determination, duly

consider any objections lodged under subsection (1)(b) and any

counter-objections lodged under subsection (3).

19B Report and maps to be laid before Legislative Assembly

A copy of every report of the Commission, together with properly

authenticated maps of the electoral constituencies fixed by the report, shall

be presented by the Commission to the Legislative Assembly within 3

sitting days after the date of publication if the Legislative Assembly is then

in session, and, if not, then within 3 sitting days after the date of the

commencement of the next ensuing session.”.







Passed by the Legislative Assembly this 10
th
day of October 2012.

Related Laws