Whole Act
58 provisions in continuous reading order
Loading the complete Act…
This Act may be cited as the Referendums Act 1983.
In this Act, unless the contrary intention appears —
authorised manner in relation to the marking of a vote on a ballot paper used for a referendum means a manner of marking —
prescribed in section 16(2); or
prescribed in the Act by which the referendum is authorised or required; or
directed on the ballot paper,
as the case may require;
district means an electoral district for the election of a member of the Legislative Assembly;
election means an election of members of the Legislative Assembly or of the Legislative Council under the Electoral Act 1907 other than an election under sections 156C and 156D of that Act;
Electoral Commissioner means the Electoral Commissioner appointed under the Electoral Act 1907;
electors means the electors qualified to vote for the election of members of the Legislative Assembly according to the provisions of the Electoral Act 1907;
officer means an officer appointed under this Act or whose appointment has effect for the purposes of this Act;
official paper has the meaning given in the Electoral Act 1907 section 94A(2);
place to vote means a polling place or mobile voting place declared by written notice under the Electoral Act 1907 section 90 as applied by section 18(a);
referendum means the submission of a question to the electors pursuant to an Act but does not include any election under the Electoral Act 1907;
referendum as to a Bill means a referendum on the question for the approval or otherwise of a Bill for an Act that has been passed by both Houses of Parliament;
returning officer means the returning officer for a district appointed for the purposes of the Electoral Act 1907 and includes a person exercising or discharging the powers, functions and duties of the returning officer.
A reference in this Act to the holding of a referendum on the same day as an election is a reference to the votes of the electors for the purposes of a referendum being taken on the day on which the polling at an election is conducted.
[Section 2 amended: No. 40 of 1987 s. 98 and 103; No. 79 of 1987 s. 80; No. 43 of 1996 s. 30; No. 36 of 2000 s. 25(2); No. 30 of 2023 s. 190.]
Where pursuant to this Act any provision of the Electoral Act 1907 applies to or in relation to a referendum or to or in relation to any act, matter or thing pertaining to a referendum or done or to be done pursuant to this Act —
the provision shall so apply mutatis mutandis subject to such modifications, additions or deletions, if any, as are prescribed by this Act or by regulations made under this Act; and
any regulation, order or other statutory instrument made under or for the purposes of that provision shall so apply in like manner.
In the application of any provision, regulation, order or statutory instrument as referred to in subsection (1) —
a reference to a polling day shall be read as a reference to the day fixed for the taking of the votes of the electors for the purposes of a referendum;
a reference to a poll shall be read as a reference to the taking of the votes of the electors for the purposes of a referendum;
a reference to the close of nominations shall be read —
where a referendum is held on the same day as an election, as a reference to the time of the close of nominations for the election;
in any other case, as a reference to 6 p.m. on the day that is 7 days after the day on which the writ for a referendum is issued;
a reference to electoral matter or to electoral papers shall be read as a reference to corresponding matter or papers in relation to a referendum.
Notwithstanding any provision or regulation referred to in subsection (1) a ballot paper used for the purposes of a referendum shall not be rejected as informal except for a reason specified in this Act or regulations made under this Act.
[Section 3 amended: No. 79 of 1987 s. 80.]
Whenever —
an Order in Council is made under the Constitution Act 1889 fixing the day for the taking of the votes of the electors for the purposes of a referendum as to a Bill; or
a referendum is otherwise authorised or required by any Act,
the Governor may cause a writ to be issued for the referendum.
When any writ is issued under subsection (1) notice of that fact shall be published by the Electoral Commissioner in the Government Gazette.
[(3) deleted]
The writ shall be deemed to have been issued at 6 o’clock in the afternoon of the day on which it was issued.
[Section 4 amended: No. 79 of 1987 s. 80; No. 36 of 2000 s. 25(3)-(5).]
Subject to subsections (2) and (3) the writ for a referendum shall be in the prescribed form and shall fix —
the day for the taking of the votes of the electors; and
the day for the return of the writ.
The day fixed pursuant to subsection (1)(a) shall be a Saturday other than Easter Saturday or the Saturday immediately preceding or succeeding Easter Saturday.
Subsection (1)(a) does not apply to the writ where the day for the taking of the votes of the electors is fixed by or under the Act by which the referendum is authorised or required.
The writ for a referendum shall be addressed to the Electoral Commissioner.
On the receipt of the writ the Electoral Commissioner shall —
indorse on the writ the date of receipt by him; and
advertise the receipt and particulars of the writ —
in the Gazette; and
in a newspaper circulating in the State, or by placards or otherwise;
and
forward a copy of the writ to the returning officer for each district.
[Section 6 amended: No. 40 of 1987 s. 103.]
For the purposes of a referendum —
the Electoral Commissioner shall, as soon as practicable after the receipt of the writ advertise the places at which the votes of the electors will be taken in a newspaper circulating in the State, or by placards or otherwise, and shall make all arrangements that are necessary to be made by him for taking the votes of the electors;
each returning officer shall make all arrangements that are necessary to be made by him for taking the votes of the electors in his district.
[Section 7 amended: No. 40 of 1987 s. 103.]
In the case of a referendum as to a Bill —
the Governor may cause 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,
to be attached to the writ;
the Electoral Commissioner shall cause a summary of the provisions of the Bill to be published in the Gazette when he advertises the receipt and particulars of the writ under section 6(2)(b)(i);
the Electoral Commissioner shall attach a copy of the Bill, or of the statement (if any) attached to the writ, to each copy of the writ that he forwards to a returning officer under section 6(2)(c).
[Section 8 amended: No. 40 of 1987 s. 103; No. 36 of 2000 s. 25(6).]
In the case of a referendum as to a Bill if within 4 weeks after the passage of the Bill through both Houses of Parliament there is forwarded to the Electoral Commissioner —
an argument in favour of the Bill, complying with such conditions or requirements as may be prescribed, and authorised by a majority of those members of both Houses with whose concurrence the Bill was passed who desire to forward such an argument; or
an argument against the Bill, complying with such conditions or requirements as may be prescribed, and authorised by a majority of those members of both Houses who voted against the Bill and desire to forward such an argument,
the Electoral Commissioner shall cause the argument to be printed and distributed to electors or otherwise cause the argument to be brought to the notice of electors.
Where arguments are forwarded under each of paragraphs (a) and (b) of subsection (1) the Electoral Commissioner shall cause the same action to be taken under subsection (1) in respect of each argument.
In the case of a referendum other than a referendum as to a Bill, if before the expiration of the period ending 7 days after the day of the issue of the writ there is forwarded to the Electoral Commissioner an argument in favour of the marking of ballot papers used for the referendum in a particular authorised manner complying with such conditions and requirements as may be prescribed and authorised by members of Parliament the Electoral Commissioner shall, subject to subsection (4), cause the argument to be printed and distributed to electors or otherwise cause the argument to be brought to the notice of electors.
Where 2 or more arguments are received in accordance with subsection (3) in relation to the same authorised manner of marking ballot papers the Electoral Commissioner shall cause action to be taken under subsection (3) in respect of the argument that was authorised by the greater or greatest number of members or, where 2 or more such arguments were authorised by an equal number of members (which number was greater than the number of members by whom any other such argument was authorised), in respect of such one of those arguments as is decided by the Electoral Commissioner by the drawing of lots.
In the case of a referendum other than a referendum as to a Bill the Electoral Commissioner may, in respect of each authorised manner in which votes may be marked on a ballot paper used for the referendum in relation to which no argument has been received in accordance with subsection (3), invite a body, corporate or unincorporate, to forward to him an argument in favour of the marking of ballot papers in that authorised manner and, if before the expiration of 21 days after the day of the issue of the writ a body to which an invitation has been so issued forwards to the Electoral Commissioner an argument complying with such conditions or requirements as may be prescribed or as may be specified in the invitation, the Electoral Commissioner shall cause the argument to be printed and distributed to electors or otherwise cause the argument to be brought to the notice of electors.
Subject to subsection (4), where arguments are forwarded under subsection (4) or (5) in respect of more than one authorised manner of marking votes the Electoral Commissioner shall cause the same action to be taken in respect of each argument.
[Section 9 amended: No. 40 of 1987 s. 103.]
The voting at a referendum shall, subject to this Part, be taken throughout the State on the day fixed for the taking of the votes of the electors —
by or under the Act by which the referendum is authorised or required; or
by the writ,
as the case may be.
[11, 12. Deleted: No. 30 of 2023 s. 191.]
The Electoral Commissioner must cause a roll to be prepared for the referendum.
A separate roll must be prepared under subsection (1) for each district.
Subject to subsection (2), the Electoral Act 1907 Part IV Division 1A applies to the preparation of a roll under subsection (1), with all necessary modifications, including the following —
a reference to an election is taken to be a reference to the referendum;
a reference to the close of the roll for an election is taken to be a reference to the last day on which a person may be enrolled under the Electoral Act 1907 to vote at the referendum;
a reference to a person who may vote in an election is taken to be a reference to a person who may vote at the referendum;
a reference to polling day is taken to be a reference to the day on which the referendum is held.
[Section 13 inserted: No. 30 of 2023 s. 192.]
At a referendum only those electors who would be entitled to vote if the referendum were an election shall be admitted to vote.
Each elector shall vote only once at a referendum.
Nothing in this section entitles a person to vote if he is disqualified from voting.