Section 282 Commonwealth Electoral Act

Section 282 requires the Australian Electoral Commission to facilitate the use of the recount method to a allocate long and short term senate seats after a double dissolution election. This section of the act has generated controversy at both of the double dissolution elections that have occurred since 1984. The Australian Constitution protects the right of the Senate to decide how to allocate long and short term senate seats as it sees fit. Thus this amendment merely acts to facilitate another option for the Senate to consider when it allocates the terms. Since then, whoever controlled the Senate has always chosen the option that gives them the most seats. This has continued despite two identical, bipartisan senate resolutions to use the new method.
Rejecting this agreement has made a difference of two senate seats in both of the double dissolution elections we have had. There was significant media coverage of the recent controversy surrounding this piece of legislation. Antony Green described it as the "question he has been asked more than any other in recent weeks".
Key points:
* Recommended by Joint Select Committee in 1984.
* Committee also recommends altering the constitution, which was good advice with hindsight.
* Legislated by Labor in 1984.
* Opposed by Labor in 1987, but supported by the Coalition, following the double dissolution election.
* Supported by both Labor and the Coalition in a 1998 Senate resolution.
* Supported by both Labor and the Coalition in an identical 2010 Senate resolution.
* Rejected by both Labor and the Coalition following the 2016 double dissolution election. This will make a difference of two Senate seats from 2019 - one to Labor and one to the Coalition.
* Key facts (1998 and 2010 resolutions) ignored by the media in reporting the 2016 decision.
* Penny Wong's Origami Swan

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