How many senators are there and can the number change?
Commonwealth of Australia Constitution Act, 1900: Original Public Record Copy (1900).
Parliament House Art Collection, Art Services Parliament House
Commonwealth of Australia Constitution Act, 1900: Original Public Record Copy (1900).
Parliament House Art Collection, Art Services Parliament House
Description
This image shows the front page of the original public record copy of the Commonwealth of Australia Constitution Act 1900. There is a a red ribbon tied in a bow on the left hand side of the document. The paper looks faded from age.
Permission for publication must be sought from Parliament House Art Collection. Contact DPS Art Services, phone: 02 62775034 or 02 62775123
Today there are 76 senators – 12 from each of the 6 states and 2 each from the Australian Capital Territory (ACT) and the Northern Territory (NT). This has been the same number since 1983 when it increased from 64.
The number of senators is largely determined by the Australian Constitution and, although the number can be increased (or decreased) by the Australian Parliament, there are restrictions on making any changes.
Section 7 of the Australian Constitution guarantees equal representation between the original states. This section also states ‘no Original State shall have less than 6 senators.’ The first Senate met with 36 senators (6 senators from 6 states) and, unless an original state stopped being part of Australia, this is the minimum number of senators.
A further consideration is Section 24, sometimes known as the ‘nexus provision’. This section requires that the number of members of the House of Representatives must be as near as possible to twice the number of state senators. This means any change to the number of senators will have a significant impact on the House of Representatives. For example, in 1948 Parliament increased the number of senators from 36 to 60 (10 from each of the 6 states) and the members of the House of Representatives increased from 75 to 123.
Section 122 gives the Australian Parliament the power to decide how many, if any, senators a territory may have in the Senate. The Senate (Representation of Territories) Act 1973 allowed the ACT and NT to be represented by 2 senators each. This Act could be changed by the Parliament.