Referendum (Machinery Provisions) Act 1994

This Act is the Referendum (Machinery Provisions) Act 1994.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

A term used in the Electoral Act has the same meaning in this Act.

Unless the contrary intention appears, an expression used in the Electoral Act as applied by this Act has the same meaning as in that Act, so far as that meaning is applicable, with the necessary changes, in relation to a referendum.

In the application of the Electoral Act, unless the contrary intention appears—

a reference to a ballot paper (including the form of a ballot paper), a ballot box, or other thing shall be taken to be a reference to a ballot paper (including the form of a ballot paper), ballot box or corresponding thing in relation to a referendum; and

a reference to an election shall be taken to be a reference to a referendum; and

a reference to an election period, or a pre-election period, shall be taken to be a reference to a referendum period, or a pre‑referendum period, that corresponds with the relevant period specified in relation to an election; and

a reference to electoral matter shall be taken to be a reference to matter that is intended or is likely to affect voting in a referendum, and includes any matter that contains an express or implied reference to a referendum or to any of the matters on which electors are required to vote in a referendum; and

a reference to an electoral paper shall be taken to be a reference to any document, form or notice provided for, or required, under the Electoral Act, as applied by this Act, for the purposes of a referendum; and

a reference to a poll shall be taken to be a reference to the taking of the votes of electors for the purposes of a referendum; and

a reference to a polling day in relation to a referendum shall be taken to be a reference to a referendum day; and

a reference to a polling place or a scrutiny centre in relation to a referendum shall be taken to be a reference—

in the case of a concurrent referendum—to the polling place or a scrutiny centre appointed for the election under the Electoral Act, section 119; and

in the case of a separate referendum—to a polling place or a scrutiny centre appointed for the referendum under the Electoral Act, section 119 as applied by this Act; and

a reference to a pre-election period shall be taken to be a reference to a pre-referendum period that corresponds with the period specified in relation to an election; and

a reference to a scrutineer shall be taken to be a reference to a scrutineer appointed for the purposes of a referendum; and

a reference to this Act shall be read as a reference to the Electoral Act as applied by this Act.

A referendum for the purposes of a referendum law shall be held in accordance with this Act.

This Act applies in relation to a referendum referred to in subsection (1) except to the extent that a referendum law provides otherwise.

For the purposes of a referendum, the Electoral Act, sections 32 and 33 apply, so far as the same are applicable, with the necessary changes, in the same way as those provisions apply for the purposes of an election.

In particular, a person appointed to be an officer under the Electoral Act, section 33 for the purposes of that Act shall be taken to be so appointed for the purposes of that Act as applied by this Act.

Subject to subsection (2), a poll for a referendum shall be held on the polling day for the next ordinary election ascertained in accordance with the Electoral Act.

If a referendum law provides for a referendum day other than a polling day referred to in subsection (1), then, unless the referendum law provides otherwise, the poll for the referendum shall be held on a Saturday fixed by the Executive, in writing, not being—

a day that occurs between the commencement of a pre-election period and the expiration of the period of 36 days after the polling day for the relevant election; or

the day for—

an election of Senators; or

a general election of members of the House of Representatives; or

a referendum held under a law of the Commonwealth;

unless the Minister arranges with the appropriate Minister of the Crown of the Commonwealth for the poll for the referendum to be held on that day.

An instrument under subsection (2) is a notifiable instrument.

Where, within 30 days of the passage of a referendum law, the commissioner receives—

an authorised statement, consisting of not more than 2 000 words, of the arguments in favour of the matter to be submitted to referendum; or

an authorised statement, consisting of not more than 2 000 words, of the arguments against the matter to be submitted to referendum;

the commissioner shall, not later than 14 days before the relevant referendum day, cause each argument to be printed in a similar typeface and typestyle in a pamphlet containing the relevant arguments and to be posted, as nearly as practicable—

to each elector; or

to each household in the Territory.

In subsection (1):

authorised statement means—

in the case of a statement referred to in subsection (1) (a)—a statement authorised by a majority of the members of the Assembly who voted in favour of the relevant referendum law; and

in the case of a statement referred to in subsection (1) (b)—a statement authorised by a majority of the members of the Assembly who voted against the relevant referendum law.

The purpose of this section is to ensure that, as far as practicable, the arrangements that apply in relation to a referendum are the same as the arrangements for an election.

For the purpose of this section, the Electoral Act, division 9.4 applies, so far as the same is applicable, with the necessary changes.

In particular, the Electoral Act, division 9.4 applies—

subject to a referendum law providing for the appointment of scrutineers for the purposes of a referendum; and

in the case of a separate referendum, subject to—

each MLA being entitled to appoint a scrutineer to represent the member during the voting for the referendum, or during the scrutiny for the referendum, or both; and

the Electoral Act, sections 122 and 123 being construed, with the necessary changes, for the purpose of giving effect to subparagraph (i); and

in the case of a concurrent referendum, subject to—

a person appointed as a scrutineer by a candidate for an election being taken to be appointed also for the purposes of the referendum; and

places appointed to be polling places or scrutiny centres for the election being taken to be appointed also for the purposes of the referendum; and

administrative arrangements made for the election, so far as the same are applicable, being taken to be made also for the purposes of the referendum; and

the same certified list of electors being used for the purposes of both the election and the referendum.

A referendum ballot paper—

shall set out the referendum options; and

shall be in accordance with the form (if any) ascertained in accordance with the relevant referendum law; and

shall be printed in accordance with the requirements (if any) of the relevant referendum law; and

shall bear an official mark.

The commissioner may determine the colour of the paper on which referendum ballot papers are to be printed.

If a referendum law does not make provision in relation to—

the form of the referendum ballot paper; or

the printing of the referendum ballot paper;

the form and printing of the referendum ballot paper shall be ascertained in accordance with the regulations.

Where such regulations are in force, a reference in this Act to a referendum ballot paper shall be read as a reference to a referendum ballot paper in the form ascertained in accordance with the regulations except to the extent that such regulations are inconsistent with a referendum law.

For this section, a referendum ballot paper may be in electronic form.

The purpose of this section is to ensure that, as far as practicable, voting at a referendum is conducted in the same way as voting at an election.

For the purpose of this section, the Electoral Act, part 10 applies, so far as the same is applicable, with the necessary changes.

In particular—

the procedures for voting at a referendum shall be the same as the procedures for voting at elections, so far as such procedures are applicable; and

an elector shall record his or her vote on a referendum ballot paper by marking the ballot paper in accordance with the directions lawfully on it; and

an officer shall not issue a referendum ballot paper unless the particulars required under section 11 are contained on the ballot paper; and

the Electoral Act, section 129 and division 10.7 only apply in relation to a separate referendum; and

the Electoral Act, part 10 applies subject to the modifications set out in schedule 1, part 1.1.

For the purposes of a concurrent referendum—

the same ballot boxes may be used for the election and the referendum; and

subject to paragraph (c), a referendum ballot paper shall be issued to a voter at the same time as he or she is issued with an election ballot paper; and

a voter who, on surrendering a spoilt election ballot paper, is issued with another election ballot paper, need not be issued with a another referendum ballot paper; and

a person who casts an ordinary vote for the election shall cast his or her vote for the referendum in the same way at the same time and place; and

a person who casts a declaration vote for the election shall cast his or her vote for the referendum in the same way; and

the marked referendum ballot paper of a declaration voter shall be placed in the same envelope as the election ballot paper; and

the referendum ballot paper of a declaration voter is to be admitted to further scrutiny for the referendum if, and only if, the election ballot paper is admitted to further scrutiny for the election.