REFERENDUM (MACHINERY PROVISIONS) ACT 1984
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 3AA Meaning of referendum matter
- 3AAA Meaning of referendum expenditure
- 3A Extraterritorial operation of Act
- 3B Application to Crown
- 3C Application of the Criminal Code
- 4 Electors entitled to vote at a referendum
- 5 Australian Electoral Officer for the Australian Capital Territory
- 6 Assistant Returning Officers and Assistant Divisional Returning Officers
- 6A AEC staff may act as Divisional Returning Officers or Assistant Divisional Returning Officers
PART II--WRIT--FOR A REFERENDUM
- 7 Writ for a referendum
- 8 Form of writ
- 9 Day for close of Rolls and voting day
- 10 Extension of time
- 11 Distribution to electors of arguments for and against proposed law
- 12 Governor - General to deal with writ
- 13 Action by Electoral Commissioner
- 14 Action by Electoral Officers
PART III--VOTING--AT A REFERENDUM
Division 1--General
- 15 Voting on same day throughout Australia
- 16 Polling places
- 16A Undertaking by officers and scrutineers
- 17 Arrangements for voting
- 18 Substitute for presiding officer
- 19 Ballot - boxes
- 20 Separate voting compartments
- 21 Use of licensed premises as polling booth
- 22 Certified lists of voters
- 22A Approved list of voters
- 23 Election and referendum on the same day
- 24 Manner of voting
- 25 Forms of ballot paper
- 25A Official mark
- 25B Administrative markings
- 26 Ballot papers to be initialled
- 27 Appointment of scrutineers
- 28 Provisions relating to scrutineers
- 29 Voting at a referendum
- 30 Questions to be put to voter
- 31 Questions to be put to voter when election and referendum on the same day
- 32 Errors not to forfeit vote
- 33 Right of elector to receive ballot paper
- 34 List of voters to be marked when ballot paper issued
- 35 Vote to be marked in private
- 36 Assistance to certain voters
- 36A Certain voters may vote outside polling place
- 37 Provisional votes
- 38 Provisional enrolment by applicant for citizenship
- 39 Other general provisions about applications under section 38
- 40 Election and referendum on the same day
- 41 Spoilt ballot papers
- 41AA Discarded ballot papers
- 41AB Ballot - boxes opened before close of voting
- 41A Temporary suspension of polling
- 42 Adjournment of voting
- 43 Adjournment at both referendum and election
- 44 Adjourned voting
- 45 Compulsory voting
- 46 Where electors may vote, and absent voting
- 46AA Voting by designated electors at referendums
- 46A Forwarding of declaration votes
Division 2--Mobile booths
- 47 Interpretation
- 48 Hospitals that are polling places
- 50 Provisions related to section 48
- 51 Mobile booths
- 52 Election and referendum on same day
PART IV--POSTAL--VOTING
- 53 Interpretation
- 54 Grounds of application for postal vote
- 55 Application for postal vote
- 56 Application forms for postal votes
- 58 Dispatch of postal voting papers to registered general postal voters
- 59 Election and referendum on the same day
- 61 Issue of certificate and ballot papers
- 62 Inspection of applications
- 62A Access to electronic list of postal vote applicants
- 62B Restriction on use or disclosure of information
- 65 Postal voting
- 66 Duty of authorised witnesses etc.
- 67 Procedure for dealing with postal vote certificates etc.
- 68 Opening of postal ballot paper
- 69 Failure to post or deliver postal vote application etc.
- 70 Inducing person to hand over marked ballot paper
- 71 Correction of formal errors
- 71AA Postal votes not to be rejected in certain circumstances
PART IVA--PRE---POLL VOTING
Division 1--Introduction
- 71A Guide to this Part
Division 2--General matters
- 72 Grounds of application for pre - poll vote
- 73 Pre - poll voting officers
- 73AA Pre - poll voting offices
- 73A Application for pre - poll vote
- 73B Place and time of application
- 73C Election and referendum on the same day
- 73CA Appointment of scrutineers
- 73CB Provisions relating to scrutineers
Division 3--Voting by pre-poll ordinary vote
Subdivision A--Preliminary- 73CC Definitions
- 73CD Where is pre - poll ordinary voting available?
- 73CE Separate voting compartments
- 73CF Ballot - boxes Subdivision B--Voting by pre-poll ordinary vote
- 73CG When is a person entitled to vote by pre - poll ordinary vote?
- 73CI Questions to be put to voter
- 73CJ Right of voter to receive ballot paper
- 73CK Voter to mark vote on ballot paper
- 73CL Assistance to certain voters
- 73CM Voter not entitled to vote again etc. Subdivision C--Requirements relating to ballot-boxes
- 73CN Subdivision sets out requirements to be complied with
- 73CO Requirements to be complied with before first use of ballot - box
- 73CP Requirements to be complied with at end of each day of use of ballot - box
- 73CQ Requirements to be complied with before ballot - box used again on later day
- 73CR Forwarding of ballot - boxes for purposes of scrutiny
Division 4--Voting by pre-poll declaration vote
- 73CS Persons to whom this Division applies
- 73D Pre - poll declaration voting
- 73E Form of pre - poll vote certificate for declaration voting
- 73F Record of issue of pre - poll voting papers
- 73H Opening of pre - poll voting envelope
- 73J Obligations of persons present when pre - poll vote cast
- 73K Correction of formal errors
PART IVB--ELECTRONICALLY--ASSISTED VOTING
- 73L Definitions
- 73LA Entitlement of Antarctic electors to vote
- 73M Providing for voting by an electronically assisted voting method
- 73N There must be a record of who has voted using the electronically assisted voting method
- 73P There must be a record of the vote
- 73Q How this Act applies in relation to voting using the electronically assisted voting method
- 73QA Electoral Commissioner may decide that electronically assisted voting method is not to be used by sight - impaired persons
PART VI--SCRUTINY--OF A REFERENDUM
- 89 Ascertainment of result of referendum
- 89A Preliminary scrutiny of declaration votes
- 90 Conduct of scrutiny
- 91 Action at scrutiny
- 92 Action on objection to ballot papers
- 93 Informal ballot papers
- 94 Return of result of submission by Divisional Returning Officers
- 95 Recount
- 95A Notice of re - count
- 95B Conduct of re - count
- 96 Reservation of disputed ballot papers
PART VII--RETURN--OF THE WRIT
- 97 Statement by Australian Electoral Officers
- 98 Return of the writ
- 99 Copies of statement to Governors of the States etc.
PART VIII--DISPUTED--RETURNS
- 100 Disputing validity of submission or return
- 101 Requisites of petition
- 102 Petition by Electoral Commission
- 103 Jurisdiction and powers of High Court
- 104 Inquiries by High Court
- 105 Notice of petition
- 106 Joinder of parties
- 107 Procedure on petition
- 107AA Court must make decision quickly
- 107A Provision for Court to have regard to certain rejected ballot papers
- 108 Immaterial errors not to invalidate referendum
- 108AA Referendum not affected by failure of delivery arrangement
- 108A Certain other matters not to invalidate referendum
- 109 Evidence that person not permitted to vote
- 109A Right of Electoral Commission to have access to documents
PART VIIIA--DISCLOSURE--OF REFERENDUM EXPENDITURE AND GIFTS
Division 1--Preliminary
- 109B Application of this Part
- 109C Determining amount or value of certain gifts
- 109D Entities that are not incorporated
Division 2--Disclosure of referendum expenditure and gifts
- 109E Returns by referendum entities
- 109F Returns relating to gifts received by referendum entities for referendum expenditure
- 109G Returns relating to gifts to referendum entities
Division 3--Requirements relating to foreign donor gifts
- 109H Object of this Division
- 109J Gifts provided for the purposes of incurring referendum expenditure etc.
Division 4--Referendum expenditure by foreign campaigners
- 109K Objects of this Division
- 109L Prohibition on foreign campaigner incurring referendum expenditure or fundraising for that purpose
Division 5--Other matters
- 109M Anti - avoidance
- 109N Electoral Commission may obtain information and documents from persons
- 109P Copies of documents
- 109Q Retention of documents
- 109R Debts due to the Commonwealth
- 109S Contravening an offence provision or a civil penalty provision
- 109T Recovery of payments
- 109U Keeping records
- 109V Inability to complete returns
- 109W Non - compliance with Part does not affect referendum
- 109X Amendment of returns
- 109Y Report by Electoral Commission
- 109Z Certain particulars not to be included in reports
- 109ZA Implied freedom of political communication
PART IX--AUTHORISATION--OF REFERENDUM MATTER
Division 1--Preliminary
- 110A Definitions
- 110B Objects of this Part
Division 2--Authorisation of certain referendum matter
- 110C Authorisation of certain referendum matter
- 110CA Prohibition on foreign campaigners authorising referendum matter
- 110D Extended geographical application of section 110C and 110CA
Division 3--Information-gathering powers
- 110E Electoral Commissioner may obtain information and documents from persons
- 110F Copies of documents
- 110G Retention of documents
PART X--OFFENCES
- 116 Officers and scrutineers to observe secrecy
- 117 Officers not to contravene Act etc.
- 118 Officers not to influence vote
- 118A Influencing votes of hospital patients etc.
- 119 Bribery
- 120 Interference with political liberty
- 122 Misleading or deceptive publications etc.
- 123 False statements in relation to Rolls
- 126 Cards in polling booth
- 127 Signature to referendum paper
- 128 Witnessing referendum papers
- 129 Marks on ballot papers
- 130 Other offences relating to ballot papers etc.
- 130A Officers not to interfere with etc. ballot - boxes or ballot papers
- 131 Prohibition of certain behaviour near polling booths and pre - poll voting places
- 132 Badges or emblems in polling booths
- 133 Employers to allow employees leave of absence to vote
- 134 Misconduct at public meeting
- 135 Control of behaviour at polling booths etc.
PART XI--MISCELLANEOUS
- 136A Extension of time for acts by officers
- 138 Delegation by Electoral Commissioner
- 139 Injunctions
- 140 Prosecution of offences
- 140AAA Application of Regulatory Powers Act
- 140A Effect of averment by prosecutor
- 140AA Evidence of authorship or authorisation of material
- 140B Service of process by mail
- 141 Referendum papers received by post
- 142A Preservation of documents
- 143 No referendum or vote of a State or Territory to be held on voting day
- 144 Regulations
- 144A Modifications by legislative instrument in the event of an emergency
- 145 Repeal