REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 11 Distribution to electors of arguments for and against proposed law

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 - SECT 11

  (1)   Where:

  (a)   a proposed law for the alteration of the Constitution, being a proposed law passed by an absolute majority of both Houses of the Parliament, is to be submitted to the electors; and

  (b)   within 4 weeks after the passage of that proposed law through both Houses of the Parliament, there is forwarded to the Electoral Commissioner:

  (i)   an argument in favour of the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted for the proposed law and desire to forward such an argument; or

  (ii)   an argument against the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted against the proposed law and desire to forward such an argument;

the Electoral Commissioner shall, unless the Minister informs the Electoral Commissioner that the referendum is not to be held, not later than 14 days before the voting day for the referendum, cause to be printed and to be sent to each address to which subsection   (2A) applies, as nearly as practicable, a pamphlet containing the arguments together with a statement showing the textual alterations and additions proposed to be made to the Constitution.

  (2)   Where:

  (a)   a proposed law for the alteration of the Constitution, being a proposed law passed by an absolute majority of one House of the Parliament only, is to be submitted to the electors; and

  (b)   within 4 weeks after the second passage of that proposed law through that House of the Parliament, there is forwarded to the Electoral Commissioner:

  (i)   an argument in favour of the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted for the proposed law and desire to forward such an argument; or

  (ii)   an argument against the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted against the proposed law and desire to forward such an argument;

the Electoral Commissioner shall, unless the Minister informs the Electoral Commissioner that the referendum is not to be held, not later than 14 days before the voting day for the referendum, cause to be printed and to be sent to each address to which subsection   (2A) applies, as nearly as practicable, a pamphlet containing the arguments together with a statement showing the textual alterations and additions proposed to be made to the Constitution.

  (2A)   This subsection applies to the following addresses:

  (a)   an address that is shown on the Roll for a Subdivision;

  (b)   an address that is not shown on the Roll for a Subdivision because of section   104 of the Commonwealth Electoral Act 1918 .

  (2B)   The Electoral Commissioner may arrange for a pamphlet referred to in subsection   (1) or (2) to be sent to any other addresses that the Electoral Commissioner considers appropriate.

  (2C)   The Electoral Commissioner may arrange for the information in a pamphlet referred to in subsection   (1) or (2) to be sent to any email addresses that the Electoral Commissioner considers appropriate.

  (3)   When there are to be referendums upon more than one proposed law on the same day:

  (a)   the arguments in relation to all the proposed laws shall be printed in one pamphlet;

  (b)   the argument in favour of any proposed law may exceed 2,000 words if the arguments in favour of all the proposed laws do not average more than 2,000 words each and the argument against any proposed law may exceed 2,000 words if the arguments against all the proposed laws do not average more than 2,000 words each; and

  (c)   there may be one statement setting out all the alterations and additions proposed to be made to the Constitution by all the proposed laws, with marginal notes identifying the proposed law by which each alteration or addition is proposed to be made.

  (4)   The Commonwealth shall not expend money in respect of the presentation of the argument in favour of, or the argument against, a proposed law except in relation to:

  (a)   the preparation, printing and sending, in accordance with this section, of the pamphlets referred to in this section;

  (aa)   the preparation, by or on behalf of the Electoral Commission, of translations into other languages of material contained in those pamphlets;

  (ab)   the preparation, by or on behalf of the Electoral Commission, of presentations of material contained in those pamphlets in forms suitable for the visually impaired;

  (ac)   the distribution or publication, by or on behalf of the Electoral Commission, of those pamphlets, translations or presentations (including publication on the internet);

  (b)   the provision by the Electoral Commission of other information relating to, or relating to the effect of, the proposed law; or

  (c)   the salaries and allowances of members of the Parliament, of members of the staff of members of the Parliament or of persons who are appointed or engaged under the Public Service Act 1999 , including salaries, remuneration, allowances and expenses payable under the Constitution, the Parliamentary Business Resources Act 2017 and agreements for employment or engagement referred to in the Members of Parliament (Staff) Act 1984 .

  (5)   Subsection   (4) applies in respect of expenditure incurred on or after the end of the day on which a proposed law to alter the Constitution passes the Parliament, as referred to in subsection   (1) or (2).

  (6)   To avoid doubt, subsection   (4) does not prevent the Commonwealth from expending money in relation to neutral public civics education and awareness activities.

  (7)   To avoid doubt, activities referred to in subsection   (6) must not address the arguments for or against a proposed law for the alteration of the Constitution.

  (8)   Subsection   (4) does not prevent the Commonwealth from expending money in relation to meetings of the Constitutional Expert Group, the Referendum Engagement Group or the Referendum Working Group.

  (9)   Subsections   (5) to (8) and this subsection are repealed at the start of the polling day for the first general election of the members of the House of Representatives held after the commencement of this subsection.