Constitution Further Amendment (Referendum) Act 1930

This Act may be cited as the Constitution Further Amendment (Referendum) Act 1930.

In this Part, unless the contrary intention appears:

Referendum means the submission of a Bill to the electors in pursuance of the authority of any Act passed either before or after the commencement of this Part.

Election means an election of Members of the Legislative Assembly.

This Part includes the Second Schedule.

(Repealed)

Subject to this Part the provisions of the Electoral Act 2017, and any regulations or rules made under that Act, so far as they are applicable, apply to and in respect of a referendum as if the referendum were an election, and for that purpose references in any such provision are read as follows:

a reference to a writ is to be read as a reference to a writ for a referendum,

a reference to election day is to be read as a reference to the day fixed by a writ for a referendum for the taking of the votes of the electors,

a reference to a nomination day is to be read:

except as provided in subparagraph (ii), as a reference to the day that is 7 days after the day on which the writ for a referendum is issued, or

where the day fixed for the taking of the votes for the purposes of a referendum is the same as that for the taking of the poll for an election, as a reference to the day of nomination for that election,

a reference to the casting of votes at an election is to be read as a reference to the taking of the votes of the electors for the purposes of a referendum,

a reference to an election is to be read as a reference to a referendum,

a reference to electoral matter or to electoral papers is to be read as a reference to corresponding matter or papers in relation to a referendum,

a reference to a ballot paper (including the form of a ballot paper), ballot box, or other thing is to be read as a reference to a ballot paper (including the form of a ballot paper), ballot box, or corresponding thing in relation to a referendum,

any reference to “this Act” or “this Part” is to be read as a reference to the provisions or Part, as the case requires, of the Act applicable to a referendum.

For the purposes of a referendum:

a ballot paper is not to be rejected as informal except for a reason specified in this Act or in the regulations made under this Act, and

the vote of an elector is to be marked on the elector’s ballot paper in the manner directed by this Part, and

on the adjournment of voting by any voting centre manager, the voting centre manager must, as soon as practicable, give notice of the adjournment to the Electoral Commissioner, and

where any voting stands adjourned the election manager for a district must not transmit the election manager’s statement of the result of the voting in the district to the Electoral Commissioner until the voting so adjourned has been finally closed.

Where any Bill is to be submitted to a referendum, a writ for the referendum may be issued by the Governor.

The writ shall be directed to the Electoral Commissioner.

The writ may be in or to the effect of the Form A in the Second Schedule and shall appoint a day for taking the votes of the electors, and a day for the return of the writ.

The day appointed for taking the votes of the electors shall be a Saturday, and shall be not later than the fortieth day from the date of the issue of the writ.

The day appointed for the taking of the votes of the electors on the Constitution (Fixed Term Parliaments) Amendment Bill 1991 (or, if that Bill is re-introduced into the Legislative Assembly in 1992 with or without amendment, that Bill) shall be no later than the day named for the taking of the poll in the next general election (within the meaning of the Constitution (Fixed Term Parliaments) Special Provisions Act 1991).

The Governor may cause to be attached to the writ a copy of the Bill, or a copy of a statement setting out:

the text of the Bill,

the text of the particular provisions (if any) of any Act proposed to be textually altered by the Bill, and the textual alterations proposed to be made therein.

The Electoral Commissioner shall forthwith after the receipt of the writ:

indorse on the writ the date of receipt by the Electoral Commissioner,

cause to be inserted in the Gazette and in two or more newspapers circulating in the State a notification of the receipt of the writ, and of the days appointed for the taking of the votes of the electors and for the return of the writ,

cause a copy of the Bill or of the statement (if any) attached to the writ to be exhibited at each place at which sittings of the Local Court are required to be held,

forward a copy of the writ and of the proposed Bill, or of the statement (if any) attached to the writ, to the returning officer for each electoral district.

At a referendum only those electors who would be entitled to vote if the referendum were an election shall be admitted to vote.

Nothing in this section shall be deemed to entitle any person who is disqualified from voting to vote.

The voting at the referendum shall, subject to this Part, be taken on the day appointed by the writ for taking the votes of the electors.

The polling places and subdivisions appointed and established under the laws for the time being in force relating to elections shall be polling places and subdivisions for the purposes of the referendum.