Referendum (Machinery Provisions) Act 1994

The Executive may make regulations for this Act.

The regulations may make provision, not inconsistent with a referendum law, in relation to matters relevant to a particular referendum or to referendums generally, including the following matters:

the printing of ballot papers;

the appointment of scrutineers;

scrutiny procedures, including the formality of ballot papers;

people entitled to dispute referendums.

The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

The Executive must consult with the electoral commission and the relevant Assembly committee before making a regulation under this Act.

Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation under this Act commences—

if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—on the day after the day the motion is negatived; or

on the day after the 6th sitting day after the day it is presented to the Legislative Assembly under that chapter; or

if the regulation provides for a later date or time of commencement—on that date or at that time.

In this section:

relevant Assembly committee—has the same meaning as in the Electoral Act, dictionary.

Schedule 1 Modifications of Electoral Act as applied in relation to referendums (see ss 12, 14, 15, 16, 17 and 19)

Part 1.1 Modifications of part 10—voting

[1.1] Section 130 substitute

130 Multiple votes prohibited

An elector shall not vote more than once at the same referendum.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

[1.2] Section 132 omit

[1.3] Section 134 (b) omit section 132 substitute the directions on it

[1.4] Section 135 (4) (c) (i) omit section 132 substitute the directions on it

[1.5] Section 155 omit

Part 1.2 Modifications of part 12—the scrutiny

[1.6] Section 185 omit

[1.7] Section 189 omit

Part 1.3 Modifications of part 14—election funding, expenditure and financial disclosure

[1.8] Section 200 omit

[1.9] Section 201 (2) omit

[1.10] Section 217 omit

[1.16] Section 222 substitute

222 Anonymous gifts

A person shall not accept a gift made for the purposes of a referendum, being a gift the amount of which equals or exceeds $200, unless—

the defined details in relation to the gift are known to the person accepting the gift; or

the person making the gift informs the person accepting the gift of the defined details and, at the time when the gift is made, the person accepting it has no grounds for believing that the information provided is not true.

Subsection (1) applies to gifts received at any time.

The reference in subsection (1) to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association.

For the purposes of this section, 2 or more gifts made by the same person for the purposes of a referendum shall be deemed to be a single gift.

Where a person receives a gift in contravention of subsection (1), an amount equal to the amount of the gift is payable by that person to the Territory and may be recovered by the Territory as a debt due to the Territory by that person.

[1.17] Section 223, definition of participant substitute participant, in a referendum, means a person by whom, or with the authority of whom, referendum expenditure in relation to a referendum is incurred.

[1.18] Section 224 (1), (2) and (3) omit

[1.19] Section 224 (4) substitute

Where referendum expenditure in relation to a referendum was incurred by or with the authority of a person, the person shall, before the expiration of 60 days after polling day for the referendum, give the commissioner a return, in writing, specifying details of the referendum expenditure.

[1.20] Section 225 omit

[1.21] Section 227 omit

[1.23] Section 239 (2) omit

[1.24] Section 239 (3) substitute

Where a person would, in the normal course of business or administration, transfer to another person a record referred to in subsection (1)—

the person shall be taken not to have contravened the subsection by so transferring the record; and

the person to whom the record is transferred shall retain the record for the period for which the person who transferred the record would have had to retain the record had the record not been transferred.

[1.25] Section 241 (2) omit

[1.26] Section 242 (3) substitute

A request may be made by the person who gave the return.

Part 1.4 Modifications of part 16—disputed elections, eligibility and vacancies

[1.27] Section 265 (b) and (c) substitute

declare whether a particular vote was cast in favour of, or against, a particular referendum option; or

declare whether a referendum ballot paper is informal; or

[1.28] Section 266 (1) omit or (b)

[1.29] Section 266 (2) substitute

The court shall not make a declaration under section 265 (a) on the ground of any illegal practice unless satisfied that—

the result of the referendum was, or was likely to have been, affected by the illegal practice; and

it is just to make the declaration.

[1.30] Section 266 (3) omit (whether the court makes a declaration under section 265 (a) or (b) on that ground or not)

[1.31] Section 275 substitute

275 Effect of declarations

If the court declares a referendum void, another referendum must be held on a Saturday chosen in writing by the Executive.

The Executive may only choose a Saturday that is at least 36 days, and not later than 90 days, after the day the choice is made.

An instrument under subsection (1) is a notifiable instrument.

If a declaration is made by the court under section 265 (b) or (c) that has the effect of altering the result of a referendum, the commissioner must prepare a written notice—

setting out the effect of the declaration of the court in relation to—

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; and

declaring the result of the referendum in accordance with the declaration of the court.

A notice is a notifiable instrument.

A declaration by the court mentioned in subsection (1) or (4) takes effect at the end of the day the declaration is made.

Part 1.5 Modification of part 17—electoral offences

[1.32] Section 289 (1) substitute

A person shall not discriminate against another person on the ground of the making by the other person of a gift for the purposes of a referendum.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Part 1.6 Modifications of part 19—miscellaneous

[1.33] Section 335 (a) substitute

the expiration of the period within which a referendum can be disputed; or

[1.34] Section 341 omit

Dictionary (see s 2)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:

 ACT

 Commonwealth

 electoral commissioner

 the Territory.

commissioner means the Electoral Commissioner appointed under the Electoral Act.

concurrent referendum means a referendum held on the same day as the polling day for an election.

declaration vote, in relation to a referendum, means a vote cast in accordance with the Electoral Act, division 10.3 as applied by this Act.

election has the same meaning as in the Electoral Act.

election ballot paper means a ballot paper for an election.

Electoral Act means the Electoral Act 1992.

enabling law means a law that provides for a matter, including a proposed law, to be submitted to a referendum.

entrenching law means a law required to be submitted to a referendum under the Australian Capital Territory (Self‑Government) Act 1988 (Cwlth), section 26 (2).

printing, for a referendum ballot paper, includes displaying an electronic referendum ballot paper.

referendum means a referendum of electors.

referendum ballot paper means a ballot paper for a referendum, and includes an electronic referendum ballot paper.

referendum day means the day on which a poll for a referendum is required to be held.

referendum law means—

an enabling law; or

an entrenching law; or

a law required by an entrenching law to be submitted to a referendum.

referendum option means an option put, or to be put, to voters at a referendum.

separate referendum means a referendum held on a day other than the polling day for an election.