New South Wales Consolidated Acts

CONSTITUTION FURTHER AMENDMENT (REFERENDUM) ACT 1930 - SECT 5

5 Application of Act No 41, 1912

(1) Subject to this Part the provisions of the Parliamentary Electorates and Elections Act 1912 , and any regulations or rules made thereunder, shall, so far as they are applicable, apply to and in respect of a referendum as if it were an election, and for the purposes of a referendum references in any such provision shall be read as follows:

(a) a reference to a writ shall be read as a reference to a writ for a referendum,

(b) a reference to a polling-day shall be read as a reference to the day fixed by a writ for a referendum for the taking of the votes of the electors,

(b1) a reference to a day of nomination shall be read:

(i) except as provided in subparagraph (ii), as a reference to the day that is 7 days after the day on which the writ for a referendum is issued, or

(ii) where the day fixed for the taking of the votes for the purposes of a referendum is the same as that for the polling at an election, as a reference to the day of nomination for that election,

(c) a reference to a poll shall be read as a reference to the taking of the votes of the electors for the purposes of a referendum,

(d) a reference to an election shall be read as a reference to a referendum,

(e) a reference to electoral matter or to electoral papers shall be read as a reference to corresponding matter or papers in relation to a referendum,

(f) a reference to a ballot-paper (including the form of a ballot-paper), ballot-box, or other thing shall be read as a reference to a ballot-paper (including the form of a ballot-paper), ballot-box, or corresponding thing in relation to a referendum,

(g) any reference to “this Act” or “this Part” shall be read as a reference to the provisions or Part, as the case may be, of the Act applicable to a referendum.

(2) For the purposes of a referendum:

(a) each returning officer shall, subject to the directions of the Electoral Commissioner, make the necessary arrangements for the taking of the votes of the electors in the returning officer’s electoral district,

(b) a ballot-paper shall not be rejected as informal except for a reason specified in this Act or in the regulations made thereunder,

(c) the vote of an elector shall be marked on the elector’s ballot-paper in the manner directed by this Part,

(d) upon the adjournment of a poll by any deputy, such deputy shall forthwith give notice thereof to the returning officer,

(e) where any polling stands adjourned the returning officer shall not transmit the returning officer’s statement of the result of the voting in the returning officer’s district to the Electoral Commissioner until the poll so adjourned has been finally closed and the ballot-papers transmitted to the returning officer.