Northern Territory Consolidated Acts

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REFERENDUMS ACT - SECT 89

Referendum at same time as election

    (1)     If polling day for a referendum is the same as that fixed as polling day for an election of a member of the Legislative Assembly:

        (a)     a person appointed as an officer under the Northern Territory Electoral Act for the election is to be taken to be appointed as an officer for the referendum;

        (b)     a polling place appointed under the Northern Territory Electoral Act for the election is to be taken to be a polling place for the referendum;

        (c)     a mobile polling team authorised under the Northern Territory Electoral Act for the election is to be taken to be a mobile polling team for the referendum and may be used at the places and during the days and hours specified under that Act;

        (d)     the same certified list of voters may be used for the purposes of both the election and referendum;

        (e)     the date for the purposes of sections 25 and 26 is the close of nominations for the election; and

        (f)     the answer given by a person to a question asked of him or her under section 67 of the Northern Territory Electoral Act is to be taken to be the person's answer to the equivalent question in section 31.

    (2)     If polling day for a referendum is the same as that fixed as polling day for:

        (a)     an election conducted under the Commonwealth Electoral Act 1918 of the Commonwealth; or

        (b)     a referendum under the Referendum (Machinery Provisions) Act 1984 of the Commonwealth,

the Chief Electoral Officer may enter into an agreement with the Australian Electoral Commission for it to conduct the referendum.

    (3)     If a referendum under this Act is to be conducted by the Australian Electoral Commission, the Administrator may, by notice in the Gazette , specify how the referendum is to be conducted.

    (4)     The notice may provide for anything that in the opinion of the Administrator is necessary or convenient to be done to ensure that the referendum and the election under the Commonwealth Electoral Act 1918 of the Commonwealth or the referendum under the Referendum (Machinery Provisions) Act 1984 of the Commonwealth are able to be conducted in a manner that facilitates the conduct of the referendum and the election or referendum, as the case may be, at the same time.

    (5)     Without limiting the matter that may be included in the notice, the notice may:

        (a)     provide that a provision of this Act or the Regulations is to be taken to not apply to the conduct of the referendum or to have been amended as specified in the notice;

        (b)     provide that procedures under the Commonwealth Electoral Act 1918 of the Commonwealth and the Referendums (Machinery Provisions) Act 1984 of the Commonwealth are to apply to the conduct of the referendum in substitution for those contained in this Act; and

        (c)     provide that officers appointed under the Commonwealth Electoral Act 1918 of the Commonwealth and the Referendums (Machinery Provisions) Act 1984 of the Commonwealth may exercise the powers and perform the functions of officers under this Act.

    (6)     For the purposes of the referendum conducted under this Act, anything done in accordance with a notice under this section is to be taken to have been done under this Act.



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