Australian Capital Territory Consolidated Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1994 - SECT 12

    (1)     The purpose of this section is to ensure that, as far as practicable, voting at a referendum is conducted in the same way as voting at an election.

    (2)     For the purpose of this section, the Electoral Act, part 10 applies, so far as the same is applicable, with the necessary changes.

    (3)     In particular—

        (a)     the procedures for voting at a referendum shall be the same as the procedures for voting at elections, so far as such procedures are applicable; and

        (b)     an elector shall record his or her vote on a referendum ballot paper by marking the ballot paper in accordance with the directions lawfully on it; and

        (c)     an officer shall not issue a referendum ballot paper unless the particulars required under section 11 are contained on the ballot paper; and

        (d)     The Electoral Act, section 129 and division 10.7 only apply in relation to a separate referendum; and

        (e)     Part 10 applies subject to the modifications set out in schedule 1, part 1.1.

    (4)     For the purposes of a concurrent referendum—

        (a)     the same ballot boxes may be used for the election and the referendum; and

        (b)     subject to paragraph (c), a referendum ballot paper shall be issued to a voter at the same time as he or she is issued with an election ballot paper; and

        (c)     a voter who, on surrendering a spoilt election ballot paper, is issued with another election ballot paper, need not be issued with a another referendum ballot paper; and

        (d)     a person who casts an ordinary vote for the election shall cast his or her vote for the referendum in the same way at the same time and place; and

        (e)     a person who casts a declaration vote for the election shall cast his or her vote for the referendum in the same way; and

        (f)     the marked referendum ballot paper of a declaration voter shall be placed in the same envelope as the election ballot paper; and

        (g)     the referendum ballot paper of a declaration voter is to be admitted to further scrutiny for the referendum if, and only if, the election ballot paper is admitted to further scrutiny for the election.