Referendum (Machinery Provisions) Act 1994

The purpose of this section is to ensure that, as far as practicable, the result of polling at a referendum is ascertained by scrutiny in the same way as for an election.

For the purpose of this section, the Electoral Act, part 12 applies, so far as the same is applicable, with the necessary changes.

In particular—

subject to a referendum law, the formality of a referendum ballot paper shall be determined in accordance with the Electoral Act, section 180, so far as the same is applicable, with the necessary changes; and

without limiting paragraph (a), a reference in the Electoral Act, sections 118A (6) (b), 180(2) (b) and (c) and (3) (a), 182 (4) (c) (ii) and (5) (a) (i), 184 (1) (b) (i) and 184 (2) to a first preference, or a preference, in relation to a candidate or a candidate square, as the case may be, shall be taken to be a reference to a vote in relation to a referendum option; and

a reference to a candidate in the Electoral Act, section 187 in relation to a request for a recount of referendum ballot papers shall be taken to be a reference to a person having authority to make such a request under a referendum law or the regulations except to the extent that such regulations are inconsistent with a referendum law; and

the Electoral Act, part 12 applies subject to the modifications specified in schedule 1, part 1.2.

Unless a referendum law otherwise provides, the result of a referendum shall be ascertained and notified in the following manner:

the commissioner shall arrange for all unrejected referendum ballot papers to be counted to ascertain—

the number of votes in favour of each referendum option; and

the number of votes opposed to each referendum option; and

the total number of informal ballot papers;

as soon as practicable after the count is concluded, the commissioner must prepare a notice setting out the numbers so counted and declaring the result of the referendum.

A notice under subsection (4) (b) is a notifiable instrument.