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REFERENDUM (MACHINERY PROVISIONS) ACT 1994 - NOTES

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—

        (a)     an enabling law; or

        (b)     an entrenching law; or

        (c)     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.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended

ord = ordinance

amdt = amendment

orig = original

ch = chapter

par = paragraph/subparagraph

cl = clause

pres = present

def = definition

prev = previous

dict = dictionary

(prev...) = previously

disallowed = disallowed by the Legislative

pt = part

Assembly

r = rule/subrule

div = division

reg = regulation/subregulation

exp = expires/expired

renum = renumbered

Gaz = Gazette

reloc = relocated

hdg = heading

R[X] = Republication No

IA = Interpretation Act 1967

RI = reissue

ins = inserted/added

s = section/subsection

LA = Legislation Act 2001

sch = schedule

LR = legislation register

sdiv = subdivision

LRA = Legislation (Republication) Act 1996

sub = substituted

mod = modified/modification

SL = Subordinate Law

o = order

underlining = whole or part not commenced

om = omitted/repealed

or to be expired

3     Legislation history

Referendum (Machinery Provisions) Act 1994 No 79

notified 23 November 1994 (Gaz 1994 No S247)

s 1, s 2 commenced 23 November 1994 (s 2 (1))

remainder (ss 3-20) 16 December 1994 (s 2 (2) and Gaz 1994 No S295)

as amended by

Electoral (Amendment) Act 1996 No 56 s 35

notified 29 November 1996 (Gaz 1996 No S320)

s 35 commenced 29 November 1996 (s 2)

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998 (s 2 (1))

sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

Electoral Amendment Act 2000 (No 2) No 76 pt 3

notified 21 December 2000 (Gaz 2000 No S69)

s 1, s 2 commenced 21 December 2000 (IA s 10B)

pt 3 (ss 25-29) commenced 11 April 2001 (s 2 and Gaz 2001 No 14)

Electoral Amendment Act 2001 No 36 sch 3

notified 29 June 2001 (Gaz 2001 No S36)

sch 3 commenced 29 June 2001 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 325

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 325 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Justice and Community Safety Legislation Amendment Act 2001 No 70 sch 1

notified LR 14 September 2001

s 1, s 2 commenced 14 September 2001 (LA s 75)

amdts commenced 12 September 2001 (s 2 (3))

Electoral Amendment Act 2004 A2004-26 s 42

notified LR 21 May 2004

s 1, s 2 commenced 21 May 2004 (LA s 79 (1))

s 42 commenced 22 May 2004 (s 2)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.84

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.84 commenced 12 April 2007 (s 2 (1))

Electoral Legislation Amendment Act 2008 A2008-13 sch 3

notified LR 20 May 2008

s 1, s 2 commenced 20 May 2008 (LA s 75 (1))

sch 3 commenced 21 May 2008 (s 2)

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.439

Dictionary
s 2     om 2001 No 44 amdt 1.3588
    ins A2007-3 amdt 3.441

Notes
s 3     defs reloc to dict A2007-3 amdt 3.440
    sub A2007-3 amdt 3.441

Terms used in Electoral Act
s 3A     ins A2007-3 amdt 3.441

Timing of referendums
s 7     am 2001 No 44 amdt 1.3589, amdt 1.3590

Ballot papers
s 11     am 2000 No 76 s 27; 2001 No 44 amdt 1.3591, amdt 1.3592

Voting at a referendum
s 12     am 2000 No 76 s 28; 2001 No 36 amdt 3.1, amdt 3.2

Scrutiny
s 14     am 2000 No 76 s 29; 2001 No 44 amdt 1.3593, amdt 1.3594

Disputed referendums
s 16     am 2001 No 44 amdt 1.3595

Offences
s 17     am 2001 No 36 amdt 3.3; 2001 No 70 amdt 1.70, amdt 1.71; A2004-26 s 42

Approved forms
s 20     am 1998 No 54 sch
    sub 2001 No 44 amdt 1.3596

Regulation-making power
s 21     ins 2001 No 44 amdt 1.3596

Modifications of Electoral Act as applied in relation to referendums
sch pt 1.1     am 1998 No 54 sch
sch pt 1.3     am 1996 No 56 s 35; 2001 No 44 amdts 1.3597-1.3600; 2001 No 70 amdt 1.72, amdt 1.73; mods renum R3 LA; A2008-13 amdt 3.1, amdt 3.2
sch pt 1.4     am 2001 No 44 amdt 1.3601; 2001 No 70 amdt 1.73; mods renum R3 LA
sch pt 1.5     am 1998 No 54 sch; mods renum R3 LA
sch pt 1.6     mods renum R3 LA

Dictionary
dict     ins A2007-3 amdt 3.442
    def commissioner reloc from s 3 A2007-3 amdt 3.440
    def concurrent referendum reloc from s 3 A2007-3 amdt 3.440
    def declaration vote reloc from s 3 A2007-3 amdt 3.440
    def election reloc from s 3 A2007-3 amdt 3.440
    def election ballot paper reloc from s 3 A2007-3 amdt 3.440
    def Electoral Act reloc from s 3 A2007-3 amdt 3.440
    def enabling law reloc from s 3 A2007-3 amdt 3.440
    def entrenching law reloc from s 3 A2007-3 amdt 3.440
    def printing ins 2000 No 76 s 26
    reloc from s 3 A2007-3 amdt 3.440
    def referendum reloc from s 3 A2007-3 amdt 3.440
    def referendum ballot paper am 2000 No 76 s 26
    reloc from s 3 A2007-3 amdt 3.440
    def referendum day reloc from s 3 A2007-3 amdt 3.440
    def referendum law reloc from s 3 A2007-3 amdt 3.440
    def referendum option reloc from s 3 A2007-3 amdt 3.440
    def separate referendum reloc from s 3 A2007-3 amdt 3.440

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No

Amendments to

Republication date

1

A2001-44

11 September 2001

2

A2001-70

26 September 2001

3

A2004-26

22 May 2004

4

A2007-3

12 April 2007






© Australian Capital Territory 2008

1994-7900.jpg
Australian Capital Territory

A1994-79

Republication No 5

Effective: 21 May 2008

Republication date: 21 May 2008

Last amendment made by A2008-13






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Referendum (Machinery Provisions) Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 21 May 2008. It also includes any amendment, repeal or expiry affecting the republished law to 21 May 2008.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

1994-7900.jpg
Australian Capital Territory

Referendum (Machinery Provisions) Act 1994


Endnotes


1994-7900.jpg
Australian Capital Territory

Referendum (Machinery Provisions) Act 1994