Referendums Act 1997

This section applies if—

an employee who is an elector asks his or her employer, before the polling day for a referendum, for leave of absence to vote at the referendum; and

the absence is necessary to enable the employee to vote at the referendum.

Unless the absence is reasonably likely to cause danger or substantial loss to the employer in relation to the employment concerned, the employer—

must allow the employee leave of absence for a reasonable period of not more than 2 hours to enable the employee to vote at the referendum; and

must not impose any penalty or disproportionate deduction of pay for the leave of absence.

An employee must not ask for leave of absence under subsection (1) to vote at a referendum unless the employee genuinely intends to vote at the referendum.Maximum penalty—

for an individual—10 penalty units; or

for a corporation—40 penalty units.