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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
South-east Queensland Water
Recycling Plebiscite Bill 2006
Queensland
South-east Queensland Water Recycling
Plebiscite Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Function of the commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Requirement for a plebiscite
4 Plebiscite to be conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Question for the plebiscite . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Plebiscite area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Plebiscite notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Commission to prepare for plebiscite . . . . . . . . . . . . . . . . . . . . . . 6
9 Minister's powers for plebiscite. . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Plebiscite districts and electoral rolls . . . . . . . . . . . . . . . . . . . . . . 7
11 Returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Assistant returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Applied provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 3 References in other Acts
14 References in Criminal Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 References in Electoral Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Reference in Guardianship and Administration Act 2000. . . . . . . 11
17 Reference in Powers of Attorney Act 1998. . . . . . . . . . . . . . . . . . 11
Part 4 Miscellaneous
18 Queensland Water Commission may publish information . . . . . . 11
19 No obligation for polling booths or pre-polling offices outside
plebiscite area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
21 Summary proceedings for offence . . . . . . . . . . . . . . . . . . . . . . . . 12
2
South-east Queensland Water Recycling Plebiscite Bill
2006
22 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Schedule 1 Local governments whose areas are included in the
plebiscite area ................................... 13
Schedule 2 Amendments for applying the Referendums Act 1997 to the
plebiscite . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2006
A Bill
for
An Act to provide for the conduct of a plebiscite in south-east
Queensland on the recycling of water
s1 4 s5
South-east Queensland Water Recycling Plebiscite Bill
2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the South-east Queensland Water 4
Recycling Plebiscite Act 2006. 5
2 Dictionary 6
The dictionary in schedule 3 defines particular words used in 7
this Act. 8
3 Function of the commission 9
The commission has the function of making appropriate 10
arrangements for the conduct of the plebiscite. 11
Part 2 Requirement for a plebiscite 12
4 Plebiscite to be conducted 13
(1) The commission must conduct a plebiscite taking the vote of 14
relevant electors on the question (the plebiscite). 15
(2) The polling day for the plebiscite is 17 March 2007. 16
(3) Subsection (2) applies subject to section 9. 17
5 Question for the plebiscite 18
(1) The question for the plebiscite is the question, decided by a 19
resolution of the Legislative Assembly, about whether 20
relevant electors support the use of purified recycled water for 21
drinking that meets all health and safety requirements. 22
s6 5 s7
South-east Queensland Water Recycling Plebiscite Bill
2006
(2) In this section-- 1
resolution includes a resolution made before the 2
commencement of this Act but after the introduction in the 3
Legislative Assembly of the Bill for this Act. 4
6 Plebiscite area 5
(1) The plebiscite area consists of an area comprising-- 6
(a) all of the areas of the local governments stated in 7
schedule 1; and 8
(b) the area of any other local government prescribed under 9
a gazette notice published by the Minister. 10
(2) The Minister may not publish a gazette notice under 11
subsection (1)(b) less than 7 days before the cut-off day for 12
electoral rolls for the plebiscite. 13
7 Plebiscite notice 14
(1) As soon as practicable after the passing of the resolution 15
mentioned in section 5 or the commencement of this Act 16
(whichever is later), the Minister must publish a gazette notice 17
for the plebiscite (the plebiscite notice). 18
(2) The plebiscite notice must state-- 19
(a) the polling day for the plebiscite; and 20
(b) the cut-off day for electoral rolls for the plebiscite, 21
which must be-- 22
(i) not less than 7 days after the day the plebiscite 23
notice is published; and 24
(ii) not less than 21 days before the polling day. 25
(3) For deciding the cut-off day-- 26
(a) that day and the day the plebiscite notice is published 27
are both to be included in the 7 days mentioned in 28
subsection (2)(b)(i); and 29
(b) that day and the polling day are both to be included in 30
the 21 days mentioned in subsection (2)(b)(ii). 31
s8 6 s9
South-east Queensland Water Recycling Plebiscite Bill
2006
(4) Subsection (3) applies despite the Acts Interpretation Act 1
1954, section 38.1 2
8 Commission to prepare for plebiscite 3
On the publication of the plebiscite notice, the commission 4
must-- 5
(a) advertise the polling day and the cut-off day for 6
electoral rolls for the plebiscite in ways the 7
commissioner considers appropriate; and 8
(b) give a copy of the plebiscite notice and a statement of 9
the question to each returning officer; and 10
(c) make available for inspection by anyone, without fee, a 11
copy of the plebiscite notice and a statement of the 12
question at offices of the commission and anywhere else 13
the commission considers appropriate; and 14
(d) make appropriate arrangements for the conduct of the 15
plebiscite. 16
9 Minister's powers for plebiscite 17
(1) The Minister may by gazette notice-- 18
(a) substitute a later day for the polling day or the cut-off 19
day for electoral rolls for the plebiscite, either generally 20
or for a stated plebiscite district; or 21
(b) provide for anything to be done to overcome any 22
difficulty that might otherwise affect the conduct of the 23
plebiscite. 24
(2) A gazette notice substituting a cut-off day for electoral rolls 25
for the plebiscite may be published before, on or after the 26
cut-off day stated in the plebiscite notice. 27
(3) A gazette notice substituting the polling day for the 28
plebiscite-- 29
1 Acts Interpretation Act 1954, section 38 (Reckoning of time)
s 10 7 s 10
South-east Queensland Water Recycling Plebiscite Bill
2006
(a) must be published before the polling day for which the 1
later polling day is being substituted; and 2
(b) must not substitute a day for the polling day-- 3
(i) that is not a Saturday; or 4
(ii) that is more than 21 days after the polling day 5
stated in the plebiscite notice. 6
10 Plebiscite districts and electoral rolls 7
(1) For the purpose of conducting the plebiscite, the commission 8
must-- 9
(a) divide the plebiscite area into districts (plebiscite 10
districts) and advertise the districts in ways the 11
commissioner considers appropriate; and 12
(b) prepare an electoral roll for each plebiscite district as 13
soon as practicable after the cut-off day for electoral 14
rolls for the plebiscite. 15
(2) For the preparation of the electoral rolls and related matters, 16
the electoral roll provisions apply, with all necessary and 17
convenient changes, as if-- 18
(a) a reference in the provisions to an electoral district were 19
a reference to a plebiscite district; and 20
(b) a reference in the provisions to a referendum were a 21
reference to the plebiscite. 22
(3) On request by a member, the commission must give to the 23
member a free copy of the most recent printed version, 24
computer disk or computer tape version of the electoral roll 25
for a relevant district. 26
(4) Subsection (3) applies despite the Electoral Act 1992, section 27
61(10) as applied under subsection (2). 28
(5) In this section-- 29
electoral roll provisions means-- 30
(a) the Electoral Act 1992, sections 58, 59(3), 60, 61(3) and 31
(6) to (10), 62, 64(1) and (2), 65, 66 and 152; and 32
s 11 8 s 12
South-east Queensland Water Recycling Plebiscite Bill
2006
(b) any other provisions of that Act relevant to the 1
application of a provision mentioned in paragraph (a). 2
relevant district, for a member, means a plebiscite district 3
located entirely or partly in the electoral district under the 4
Electoral Act 1992 that the member represents. 5
11 Returning officers 6
(1) The commission must, for each plebiscite district, appoint an 7
elector as the returning officer for the district. 8
(2) A person may be appointed as the returning officer for more 9
than 1 plebiscite district. 10
(3) A person must not be appointed as a returning officer if the 11
person is-- 12
(a) a minor; or 13
(b) a member of a political party. 14
(4) Without limiting the commission's powers to terminate the 15
appointment of returning officers, the commission must 16
terminate the appointment of a returning officer if the 17
returning officer becomes a member of a political party. 18
(5) A returning officer must perform functions under this Act as 19
decided by the commission under the arrangements decided 20
under section 8(d). 21
(6) A returning officer must act in accordance with any directions 22
given by the commission. 23
(7) In this section-- 24
elector means a person entitled to vote at an election for an 25
electoral district under the Electoral Act 1992. 26
12 Assistant returning officers 27
(1) The commission may appoint as many electors as assistant 28
returning officers as the commission considers appropriate for 29
the plebiscite. 30
(2) A person must not be appointed as an assistant returning 31
officer if the person is-- 32
s 13 9 s 13
South-east Queensland Water Recycling Plebiscite Bill
2006
(a) a minor; or 1
(b) a member of a political party. 2
(3) Without limiting the commission's powers to terminate the 3
appointment of assistant returning officers, the commission 4
must terminate the appointment of an assistant returning 5
officer if the assistant returning officer becomes a member of 6
a political party. 7
(4) Assistant returning officers must, under arrangements decided 8
by the commission under section 8(d), assist returning officers 9
in performing the returning officers' functions under this Act. 10
(5) The commission may appoint an assistant returning officer to 11
act in the role of a particular returning officer during any 12
period when the returning officer is absent from duty or is, for 13
another reason, unable to perform the functions of the 14
returning officer. 15
(6) While an assistant returning officer is acting as a returning 16
officer-- 17
(a) the assistant returning officer has all the powers and 18
functions of the returning officer; and 19
(b) this Act and the applied provisions apply to the assistant 20
returning officer as if the assistant returning officer were 21
the returning officer. 22
(7) Anything done by or in relation to a person while the person is 23
purporting to act under this section is not invalid merely 24
because the occasion for the person to act had not arisen or 25
had ceased. 26
(8) An assistant returning officer must act in accordance with any 27
directions given by the commission. 28
(9) In this section-- 29
elector means a person entitled to vote at an election for an 30
electoral district under the Electoral Act 1992. 31
13 Applied provisions 32
(1) The Referendums Act 1997 applies to the plebiscite with all 33
necessary and convenient changes. 34
s 14 10 s 15
South-east Queensland Water Recycling Plebiscite Bill
2006
(2) Without limiting subsection (1), that Act applies-- 1
(a) as if it were amended as stated in schedule 2; and 2
(b) with the changes stated in subsection (3); and 3
(c) as if it were otherwise amended, and with any other 4
changes, as prescribed under a regulation. 5
(3) For the purpose of applying the Referendums Act 1997 to the 6
plebiscite-- 7
(a) a reference in that Act to a referendum or referendums is 8
taken to be a reference to the plebiscite; and 9
(b) a reference in that Act to an elector is taken to be a 10
reference to a relevant elector; and 11
(c) a reference in that Act to an electoral district is taken to 12
be a reference to a plebiscite district; and 13
(d) a reference in that Act to an electoral roll is taken to be a 14
reference to an electoral roll prepared under this Act. 15
Part 3 References in other Acts 16
14 References in Criminal Code 17
(1) A reference in the Criminal Code to a referendum is taken to 18
include the plebiscite. 19
(2) A reference in the Criminal Code to the Referendums Act 20
1997 is taken to include this Act. 21
15 References in Electoral Act 1992 22
(1) A reference in the Electoral Act 1992, section 30,2 to a 23
referendum is taken to include the plebiscite. 24
2 Electoral Act 1992, section 30 (Staff)
s 16 11 s 18
South-east Queensland Water Recycling Plebiscite Bill
2006
(2) A reference in the Electoral Act 1992, section 127,3 to the 1
Referendums Act 1997 is taken to include this Act. 2
16 Reference in Guardianship and Administration Act 2000 3
A reference in the Guardianship and Administration Act 4
2000, schedule 2, part 2, section 3,4 to a referendum is taken 5
to include the plebiscite. 6
17 Reference in Powers of Attorney Act 1998 7
A reference in the Powers of Attorney Act 1998, schedule 2, 8
part 2, section 3,5 to a referendum is taken to include the 9
plebiscite. 10
Part 4 Miscellaneous 11
18 Queensland Water Commission may publish information 12
(1) The Queensland Water Commission may publish information 13
relevant to the question and issues associated with the 14
question, including information in support of a `yes' answer 15
to the question and information in support of a `no' answer to 16
the question. 17
(2) In this section-- 18
information, relevant to the question or an issue, includes an 19
entity's analysis of, or comments or opinions about, the 20
question or issue. 21
3 Electoral Act 1992, section 127 (Supreme Court to be Court of Disputed Returns)
4 Guardianship and Administration Act 2000, schedule 2 (Types of matters), part 2
(Personal matter), section 3 (Special personal matter)
5 Powers of Attorney Act 1998, schedule 2 (Types of matters), part 2 (Personal
matter), section 3 (Special personal matter)
s 19 12 s 22
South-east Queensland Water Recycling Plebiscite Bill
2006
19 No obligation for polling booths or pre-polling offices 1
outside plebiscite area 2
(1) Despite anything in the applied provisions, the commission is 3
not required to make arrangements for providing polling 4
booths or pre-polling offices outside the plebiscite area. 5
(2) In this section-- 6
pre-polling office means an office staffed by an issuing officer 7
for the purpose of the making of declaration votes before the 8
polling day. 9
20 Confidentiality 10
A person involved in the administration of this Act who gains 11
information because of the involvement must not disclose the 12
information to anyone else other than-- 13
(a) for the purposes of this Act; or 14
(b) under the authority of another Act; or 15
(c) in a proceeding before a court in which the information 16
is relevant to the issue before the court. 17
Maximum penalty--40 penalty units or 18 months 18
imprisonment. 19
21 Summary proceedings for offence 20
A proceeding for an offence against this Act is to be taken in a 21
summary way under the Justices Act 1886. 22
22 Regulation-making power 23
The Governor in Council may make regulations under this 24
Act. 25
13
South-east Queensland Water Recycling Plebiscite Bill
2006
Schedule 1 Local governments whose 1
areas are included in the 2
plebiscite area 3
section 6(1)(a) 4
· Beaudesert Shire Council 5
· Boonah Shire Council 6
· Brisbane City Council 7
· Caboolture Shire Council 8
· Caloundra City Council 9
· Cooloola Shire Council 10
· Esk Shire Council 11
· Gatton Shire Council 12
· Gold Coast City Council 13
· Ipswich City Council 14
· Kilcoy Shire Council 15
· Laidley Shire Council 16
· Logan City Council 17
· Maroochy Shire Council 18
· Noosa Shire Council 19
· Pine Rivers Shire Council 20
· Redcliffe City Council 21
· Redland Shire Council 22
· Toowoomba City Council 23
14
South-east Queensland Water Recycling Plebiscite Bill
2006
Schedule 2 Amendments for applying the 1
Referendums Act 1997 to the 2
plebiscite 3
section 13(2)(a) 4
1 Section 3-- 5
omit. 6
2 Parts 2 and 3-- 7
omit. 8
3 Section 15(5)(b), `writ for a referendum is issued'-- 9
omit, insert-- 10
`plebiscite notice is published under the 2006 Act'. 11
4 Section 18(2)(a)-- 12
omit, insert-- 13
`(a) be in the form stated in schedule 1; and'. 14
5 Section 20(1)-- 15
omit, insert-- 16
`(1) If there is a delay, error or omission in or in relation to the 17
preparation or publication of a gazette notice by the Minister, 18
it may be corrected by a further gazette notice by the Minister 19
stating what is to be done.'. 20
6 Section 20(2), `(apart from a writ)'-- 21
omit. 22
15
South-east Queensland Water Recycling Plebiscite Bill
2006
Schedule 2 (continued)
7 Section 21(1)(b), after `section 64(1)(a)(ii)'-- 1
insert-- 2
`as applied under the 2006 Act, section 10'. 3
8 Section 30(4), `issue of the writ for a referendum'-- 4
omit, insert-- 5
`publication of the plebiscite notice under the 2006 Act'. 6
9 Section 33(2) and (3), `Bill or'-- 7
omit. 8
10 Section 36(8), definition member, `writ for the referendum 9
is issued'-- 10
omit, insert-- 11
`plebiscite notice is published under the 2006 Act'. 12
11 Section 41(1), `writ is returned to the Governor'-- 13
omit, insert-- 14
`report is given to the Speaker under section 43'. 15
12 Section 43-- 16
omit, insert-- 17
`43 Report about plebiscite result to the Speaker 18
`(1) As soon as practicable after the commission has received 19
notice under section 42(1) from the returning officers for all 20
plebiscite districts, the commission must-- 21
(a) on receipt of the count from each of the returning 22
officers, work out the total number of yes votes and no 23
votes; and 24
16
South-east Queensland Water Recycling Plebiscite Bill
2006
Schedule 2 (continued)
(b) give to the Speaker a report stating whether or not the 1
question has been approved by a majority of the relevant 2
electors voting; and 3
(c) publish the plebiscite result in the gazette. 4
`(2) The Speaker must table the report in the Legislative Assembly 5
within 7 days after receiving it. 6
`(3) Publication in the gazette of the plebiscite result is evidence of 7
the plebiscite result.'. 8
13 Section 46(1), `return of the writ to the Governor'-- 9
omit, insert-- 10
`day the report is given to the Speaker under section 43'. 11
14 Section 49(3), `writ for the referendum is returned as 12
mentioned in section 43(2)(c)'-- 13
omit, insert-- 14
`plebiscite result is published in the gazette under section 43'. 15
15 Section 55(2)(b) and (c), `endorsed on the writ'-- 16
omit, insert-- 17
`stated in the report given to the Speaker under section 43'. 18
16 Section 80(2), definition referendum statement, `Bill or'-- 19
omit. 20
17 Part 7-- 21
omit. 22
18 Schedule 1-- 23
omit, insert-- 24
17
South-east Queensland Water Recycling Plebiscite Bill
2006
Schedule 2 (continued)
`Schedule 1 Plebiscite form 1
section 18(2)(a) 2
South-east Queensland Water Recycling Plebiscite Act 2006 3
Ballot paper 4
HOW TO VOTE-- 5
IF YOU APPROVE PLACE A TICK [ ] IN THE SQUARE 6
OPPOSITE THE WORD `YES' 7
IF YOU DO NOT APPROVE PLACE A TICK [ ] IN THE SQUARE 8
OPPOSITE THE WORD `NO' 9
[Here insert question] 10
YES 11
NO'. 12
19 Schedule 3, definitions assistant returning officer, cut-off 13
day for electoral rolls, day for the return of a writ, elector, 14
electoral district, electoral roll, form 1, form 2, form 3, 15
form 4, form 5, polling day, referendum, returning officer 16
and writ-- 17
omit. 18
20 Schedule 3-- 19
insert-- 20
`2006 Act means the South-east Queensland Water Recycling 21
Plebiscite Act 2006. 22
18
South-east Queensland Water Recycling Plebiscite Bill
2006
Schedule 2 (continued)
assistant returning officer means an assistant returning 1
officer holding an appointment under the 2006 Act, section 2
12. 3
cut-off day, for electoral rolls for the plebiscite, see the 2006 4
Act, schedule 3. 5
plebiscite districts see the 2006 Act, section 10(1)(a). 6
polling day see the 2006 Act, schedule 3. 7
publish, in relation to a gazette notice under the 2006 Act, 8
means publish in the gazette. 9
relevant elector see the 2006 Act, schedule 3. 10
returning officer means a returning officer holding an 11
appointment under the 2006 Act, section 11.'. 12
21 Schedule 3, definitions no vote and yes vote, `Bill or'-- 13
omit. 14
22 Schedule 3, definition referendum period, paragraph (a), 15
`writ for the referendum is issued'-- 16
omit, insert-- 17
`plebiscite notice under the 2006 Act is published'. 18
19
South-east Queensland Water Recycling Plebiscite Bill
2006
Schedule 3 Dictionary 1
section 2 2
applied provisions means the provisions of the Referendums 3
Act 1997 as applied under section 13. 4
commission means the Electoral Commission of Queensland 5
under the Electoral Act 1992. 6
commissioner means the electoral commissioner under the 7
Electoral Act 1992. 8
cut-off day, for electoral rolls for the plebiscite, means the day 9
stated as the cut-off day in the plebiscite notice or, if another 10
day is substituted under section 9, the other day. 11
declaration vote means a declaration vote made under the 12
applied provisions. 13
issuing officer means an issuing officer under the Electoral 14
Act 1992. 15
member means a member of the Legislative Assembly. 16
plebiscite see section 4(1). 17
plebiscite area see section 6(1). 18
plebiscite districts see section 10(1)(a). 19
plebiscite notice see section 7(1). 20
political party means an organisation whose object, or 1 of 21
whose objects, is the promotion of the election to the 22
Legislative Assembly of a candidate or candidates endorsed 23
by it or by a body or organisation of which it forms a part. 24
polling day means 17 March 2007 or, if another day is 25
substituted under section 9, the other day. 26
publish, in relation to a gazette notice, means publish in the 27
gazette. 28
Queensland Water Commission means the Queensland Water 29
Commission under the Water Act 2000. 30
20
South-east Queensland Water Recycling Plebiscite Bill
2006
Schedule 3 (continued)
question see section 5(1). 1
relevant elector means a person who, under the applied 2
provisions, section 21, is entitled to vote at the plebiscite. 3
returning officer means a person holding an appointment as a 4
returning officer under section 11. 5
© State of Queensland 2006
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