Australian Capital Territory Numbered Acts

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REFERENDUM (MACHINERY PROVISIONS) ACT - SECT 1

1. This Act may be cited as the Referendum (Machinery Provisions) Act 1994.

Commencement

2. (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette .

(2) The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette .

(3) If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette , that provision, by force of this subsection, commences on the first day after the end of that period.

Interpretation

3. (1) In this Act, unless the contrary intention appears—

“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 Division 3 of Part X of the Electoral Act 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 subsection 26 (2) of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth;
“referendum” means a referendum of electors;
“referendum ballot paper” means a ballot paper for a referendum;
“referendum day” means the day on which a poll for a referendum is required to be held;
“referendum law” means—

        (a)     an enabling law;

        (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.

(2) Unless the contrary intention appears, expressions used in this Act have the same meaning as in the Electoral Act.

Interpretation of applied provisions of Electoral Act

4. (1) Unless the contrary intention appears, an expression used in the Electoral Act as applied by this Act has the same meaning as in that Act, so far as that meaning is applicable, with the necessary changes, in relation to a referendum.

(2) In the application of the Electoral Act, unless the contrary intention appears—

        (a)     a reference to a ballot paper (including the form of a ballot paper), a ballot box, or other thing shall be taken to be a reference to a ballot paper (including the form of a ballot paper), ballot box or corresponding thing in relation to a referendum;

        (b)     a reference to an election shall be taken to be a reference to a referendum;

        (c)     a reference to an election period, or a pre-election period, shall be taken to be a reference to a referendum period, or a pre-referendum period, that corresponds with the relevant period specified in relation to an election;

        (d)     a reference to electoral matter shall be taken to be a reference to matter that is intended or is likely to affect voting in a referendum, and includes any matter that contains an express or implied reference to a referendum or to any of the matters on which electors are required to vote in a referendum;

        (e)     a reference to an electoral paper shall be taken to be a reference to any document, form or notice provided for, or required, under the Electoral Act, as applied by this Act, for the purposes of a referendum;

        (f)     a reference to a poll shall be taken to be a reference to the taking of the votes of electors for the purposes of a referendum;

        (g)     a reference to a polling day in relation to a referendum shall be taken to be a reference to a referendum day;

        (h)     a reference to a polling place or a scrutiny centre in relation to a referendum shall be taken to be a reference—

              (i)     in the case of a concurrent referendum—to the polling place or a scrutiny centre appointed for the election under section 119 of the Electoral Act; and

              (ii)     in the case of a separate referendum—to a polling place or a scrutiny centre appointed for the referendum under section 119 of the Electoral Act, as applied by this Act;

        (j)     a reference to a pre-election period shall be taken to be a reference to a pre-referendum period that corresponds with the period specified in relation to an election;

        (k)     a reference to a scrutineer shall be taken to be a reference to a scrutineer appointed for the purposes of a referendum; and

        (m)     a reference to “this Act” shall be read as a reference to the Electoral Act as applied by this Act.

Application

5. (1) A referendum for the purposes of a referendum law shall be held in accordance with this Act.

(2) This Act applies in relation to a referendum referred to in subsection (1) except to the extent that a referendum law provides otherwise.

Commission staff

6. (1) For the purposes of a referendum, sections 32 and 33 of the Electoral Act apply, so far as the same are applicable, with the necessary changes, in the same way as those provisions apply for the purposes of an election.

(2) In particular, a person appointed to be an officer under section 33 of the Electoral Act for the purposes of that Act shall be taken to be so appointed for the purposes of that Act as applied by this Act.

Timing of referendums

7. (1) Subject to subsection (2), a poll for a referendum shall be held on the polling day for the next ordinary election ascertained in accordance with the Electoral Act .

(2) If a referendum law provides for a referendum day other than a polling day referred to in subsection (1), then, unless the referendum law provides otherwise, the poll for the referendum shall be held on a Saturday fixed by the Executive by notice in the Gazette not being—

        (a)     a day that occurs between the commencement of a pre-election period and the expiration of the period of 36 days after the polling day for the relevant election; or

        (b)     the day for—

              (i)     an election of Senators;

              (ii)     a general election of members of the House of Representatives; or

              (iii)     a referendum held under a law of the Commonwealth;

unless the Minister arranges with the appropriate Minister of the Crown of the Commonwealth for the poll for the referendum to be held on that day.

Arguments for and against referendum options

8. (1) Where, within 30 days of the passage of a referendum law, the Commissioner receives—

        (a)     an authorised statement, consisting of not more than 2,000 words, of the arguments in favour of the matter to be submitted to referendum; or

        (b)     an authorised statement, consisting of not more than 2,000 words, of the arguments against the matter to be submitted to referendum;

the Commissioner shall, not later than 14 days before the relevant referendum day, cause each argument to be printed in a similar typeface and typestyle in a pamphlet containing the relevant arguments and to be posted, as nearly as practicable—

        (c)     to each elector; or

        (d)     to each household in the Territory.

(2) In subsection (1)—

“authorised statement” means—

        (a)     in the case of a statement referred to in paragraph (1) (a)—a statement authorised by a majority of the members of the Assembly who voted in favour of the relevant referendum law; and

        (b)     in the case of a statement referred to in subsection (1) (b)—a statement authorised by a majority of the members of the Assembly who voted against the relevant referendum law.

Closure of rolls



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