Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsSchedule 1 Modifications of Electoral Act as applied in relation to referendums
(see ss 12, 14, 15, 16, 17 and 19)
Part 1.1 Modifications of part 10—voting
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130 Multiple votes prohibited
An elector shall not vote more than once at the same referendum.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
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section 132
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the directions on it
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section 132
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the directions on it
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Part 1.2 Modifications of part 12—the scrutiny
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Part 1.3 Modifications of part 14—election funding and financial disclosure
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220 Disclosure of gifts by person incurring certain expenditure
(1) Where a person—
(a) incurs expenditure for the purposes of a referendum during the disclosure period in relation to the referendum; and
(b) uses the whole or any part of 1 or more gifts received by the person at any time to enable the person to incur expenditure for the purposes of a referendum or to reimburse that person for incurring expenditure for the purposes of a referendum; and
(c) the amount of each gift is equal to or exceeds $1 000;
the person shall, before the expiration of 15 weeks after polling day for the referendum, give the commissioner a return in relation to that gift or gifts.
Note If a form is approved under s 340A (Approved forms) for a return, the form must be used.
(2) A return shall, in relation to each gift referred to in subsection (1), specify—
(a) the amount of the gifts; and
(b) the date on which it was received; and
(c) the defined details.
(3) Subsection (1) does not apply to a person if the amount of expenditure incurred by the person for the purposes of a referendum during the disclosure period is less than $1 000.
(4) In this section, a reference to incurring of expenditure in relation to a referendum shall be read as a reference to incurring of expenditure in relation to—
(a) publishing any matter that is intended or is likely to affect voting in a referendum (including publishing by radio or television); or
(b) otherwise publishing a view on an issue in a referendum; or
(c) making a gift to a person on the understanding that the person or another person will apply, either directly or indirectly, the whole or a part of the gift in a manner referred to in paragraphs (a) and (b).
(5) For the purposes of subsection (2), 2 or more gifts made by the same person to or for the benefit of a person to whom subsection (1) applies shall be taken to be a single gift.
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222 Anonymous gifts
(1) A person shall not accept a gift made for the purposes of a referendum, being a gift the amount of which equals or exceeds $200, unless—
(a) the defined details in relation to the gift are known to the person accepting the gift; or
(b) the person making the gift informs the person accepting the gift of the defined details and, at the time when the gift is made, the person accepting it has no grounds for believing that the information provided is not true.
(2) Subsection (1) applies to gifts received at any time.
(3) The reference in subsection (1) to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association.
(4) For the purposes of this section, 2 or more gifts made by the same person for the purposes of a referendum shall be deemed to be a single gift.
(5) Where a person receives a gift in contravention of subsection (1), an amount equal to the amount of the gift is payable by that person to the Territory and may be recovered by the Territory as a debt due to the Territory by that person.
[1.17] Section 223, definition of participant
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"participant", in a referendum, means a person by whom, or with the authority of whom, referendum expenditure in relation to a referendum is incurred.
[1.18] Section 224 (1), (2) and (3)
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(4) Where referendum expenditure in relation to a referendum was incurred by or with the authority of a person, the person shall, before the expiration of 15 weeks after polling day for the referendum, give the commissioner a return, in writing, specifying details of the referendum expenditure.
Note If a form is approved under s 340A (Approved forms) for a return, the form must be used.
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(3) Where a person would, in the normal course of business or administration, transfer to another person a record referred to in subsection (1)—
(a) the person shall be taken not to have contravened the subsection by so transferring the record; and
(b) the person to whom the record is transferred shall retain the record for the period for which the person who transferred the record would have had to retain the record had the record not been transferred.
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(3) A request may be made by the person who gave
the return.
Part 1.4 Modifications of part 16—disputed elections, eligibility and vacancies
[1.27] Section 265 (b) and (c)
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(b) declare whether a particular vote was cast in favour of, or against, a particular referendum option; or
(c) declare whether a referendum ballot paper is informal; or
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or (b)
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(2) The court shall not make a declaration under section 265 (a) on the ground of any illegal practice unless satisfied that—
(a) the result of the referendum was, or was likely to have been, affected by the illegal practice; and
(b) it is just to make the declaration.
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(whether the court makes a declaration under section 265 (a) or (b) on that ground or not)
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275 Effect of declarations
(1) If the court declares a referendum void, another referendum must be held on a Saturday chosen in writing by the Executive.
(2) The Executive may only choose a Saturday that is at least 36 days, and not later than 90 days, after the day the choice is made.
(3) An instrument under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001 .
(4) If a declaration is made by the court under section 265 (b) or (c) that has the effect of altering the result of a referendum, the commissioner must prepare a written notice—
(a) setting out the effect of the declaration of the court in relation to—
(i) the number of votes in favour of each referendum option; and
(ii) the number of votes opposed to each referendum option; and
(iii) the total number of informal ballot papers; and
(b) declaring the result of the referendum in accordance with the declaration of the court.
(5) A notice is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001 .
(6) A declaration by the court mentioned in
subsection (1) or (4) takes effect at the end of the day the declaration is
made.
Part 1.5 Modification of part 17—electoral offences
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(1) A person shall not discriminate against another person on the ground of the making by the other person of a donation for the purposes of a referendum.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Part 1.6 Modifications of part 19—miscellaneous
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(a) the expiration of the period within which a referendum can be disputed; or
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