REFERENDUMS ACT 1997 - As at 20 September 2023 - Act 11 of 1997
- As at 20 September 2023 - Act 11 of 1997Table of Provisions
PART 1 - PRELIMINARY
PART 2 - WRIT FOR A REFERENDUM
- 4 Writ for a referendum
- 5 Writ by Governor
- 6 Form and content of writs
- 7 Attachment to writ
- 8 Commission to publish writ and prepare for referendum
- 9 Governor’s powers for referendum
PART 3 - STATEMENTS OF ARGUMENTS
- 10 Purpose of part
- 11 When must an argument in favour of or against the Bill or question be published
- 12 How an argument for or against the Bill or question is distributed or published
- 13 More than 1 referendum on the same day
- 14 Limitation on expenditure by State
PART 4 - VOTING AND CONDUCT OF REFERENDUMS
Division 1AA - Preliminary
- 14A Particular references relating to an electoral district
Division 1 - Arrangements for referendums
- 15 Setting up and operating polling booths
- 16 Kinds of polling booths
- 16A Pre-poll voting offices
- 16B Suspension of poll
- 17 Adjournment of poll at polling booth
- 17A Supply of electoral rolls and ballot papers
- 18 Form of ballot papers
- 18A Ballot papers may be reproduced if required
- 19 Scrutineers
- 20 Correction of errors
Division 2 - Who may vote at a referendum
- 21 Who may vote
Division 3 - How voting takes place at a referendum
Subdivision 1 - Ordinary voting- 22 Procedure for voting
- 23 Help to enable electors to vote at polling booths
- 24 Help to enable electors to vote at hospitals Subdivision 1A - Pre-poll ordinary voting
- 24A Pre-poll ordinary voting 24B. (Repealed)
- 24C Procedure for pre-poll ordinary voting
- 24D Help to enable electors to vote at pre-poll voting offices Subdivision 2 - Declaration voting
- 25 Who may make a declaration vote
- 26 Who must make a declaration vote
- 27 Ways in which an elector may make a declaration vote
- 28 Making a declaration vote at a polling booth 29. (Repealed)
- 30 Making a declaration vote using posted referendum papers
- 31 Electoral visitor voting
- 32 Making a declaration vote in cases of uncertain identity Subdivision 2A - Electronically assisted voting
- 32A Who may make an electronically assisted vote
- 32B Prescribed procedures for electronically assisted voting
- 32C Audit of electronically assisted voting for a referendum
- 32D Protection of information technology
- 32E Electoral commissioner may decide electronically assisted voting is not to be used
- 32F Review of electronically assisted voting Subdivision 3 - Marking of ballot papers
- 33 How electors must vote
- 34 Formal and informal ballot papers Subdivision 4 - Replacement ballot papers
- 34A Replacement ballot paper issued at polling place
- 34B Replacement ballot paper issued to postal voter
Division 4 - Counting of votes
- 35 Votes to be counted in accordance with division
- 36 Preliminary processing of declaration envelopes and ballot papers
- 36A Saving of ballot papers not in declaration envelopes
- 37 Preliminary and official counting of votes
- 38 Preliminary counting of ordinary votes
- 39 Official counting of votes
- 40 Objections by scrutineers
- 41 Recounting of votes
- 41A Prescribed procedures for counting of absentee votes
Division 5 - Notifying the results of a referendum
- 42 Notifying the results of a referendum
- 43 Return of writ for referendum
- 44 Notice of failure to vote
- 45 Payments for failure to vote
- 46 Storage of ballot papers and declaration envelopes
PART 5 - DISPUTED RETURNS
Division 1 - Disputing referendums
- 47 Referendum may be disputed under this part
- 48 Who may dispute the referendum
- 49 Requirements for an application to be effective
- 50 Copies of application to be given to clerk of the Parliament and commission
- 51 Application to court for order relating to documents etc.
- 52 Parties to application
- 53 How application is to be dealt with by court
- 54 Application for dismissal of application disputing referendum
- 55 Powers of the court
- 56 Restrictions on certain orders
- 57 Restriction on certain evidence and inquiries
- 58 Referendum not to be disputed because of minor defects or errors
- 59 Copy of final court orders to be sent to clerk of Parliament
- 60 Costs
- 61 Decisions and orders to be final etc.
- 62 Right of commission to have access to documents
Division 2 - Appeals
- 62A Appeal to Court of Appeal on question of law
- 62B Time for appealing
- 62C Commission is a party to appeal
- 62D How appeal is dealt with by Court of Appeal
- 62E Application for dismissal of appeal
- 62F Copy of final court orders to be sent to clerk of Parliament
- 62G Right of commission to have access to documents
PART 6 - ENFORCEMENT
Division 1 - Offences in general
- 63 Attempts taken to be offences 64. (Repealed) 65. (Repealed) 66. (Repealed) 67. (Repealed)
- 68 Improperly influencing commission
- 69 Interfering with referendum right or duty 70. (Repealed)
- 71 Wilful neglect etc. by commission staff
Division 2 - Offences relating to referendum advertising
- 72 Author of referendum matter must be named
- 73 Headline to general referendum matter advertisements
- 74 Misleading electors
Division 3 - Offences relating to voting etc.
- 75 Failure to vote etc.
- 76 Leave to vote
- 77 Canvassing etc. in or near polling places
- 78 Interrupting voting etc. 79. (Repealed)
- 80 Displaying referendum statements in certain places 81. (Repealed)
- 82 Offences relating to ballot papers
- 83 Failure to give, post or send documents for someone else
- 84 Secrecy of voting
- 85 Breaking seals on parcels
- 86 Duty of witness to signing of declaration voting papers
Division 4 - Injunctions
- 87 Injunctions
PART 7 - REFERENDUM HELD IN CONJUNCTION WITH PARTICULAR ELECTIONS
Division 1 - Referendum held with election under Electoral Act 1992
- 88 Extension of time
- 89 Cut-off day for electoral rolls for an election and a referendum 90. (Repealed)
- 91 Use of ballot boxes, polling booths and electoral rolls
- 92 Mobile polling booths
- 93 Opening of ballot boxes
- 94 Applications, declarations, ballot papers and references
- 95 Record of ordinary voters
- 95A Suspension of poll at both referendum and election
- 96 Adjournment at both referendum and election
Division 2 - Referendum held with local government election
- 96AA Application of division
- 96AB Definitions for division
- 96AC Application of division 1
- 96AD Cut-off day for electoral rolls
- 96AE Particular applications, declarations, ballot papers and references
- 96AF Holding postal ballot election
- 96AG Pre-poll voting 96AH. (Repealed)
- 96AI Application of particular provisions of the LGEA
PART 7A - RETURNS BY BROADCASTERS AND PUBLISHERS
- 96A Returns by broadcasters
- 96B Returns by publishers
- 96C Combined returns
- 96D Inspection and supply of copies of returns
PART 8 - MISCELLANEOUS
- 97 How things are to be given to commission
- 98 How things are to be signed
- 99 Advertising of office addresses etc.
- 100 Regulation-making power
PART 9 - TRANSITIONAL PROVISIONS
Division 1 - Transitional provision for Electoral and Other Acts Amendment Act 2001
- 101 Transitional provision—petition disputing referendum
Division 2 - Transitional provision for Constitution (Fixed Term Parliament) Referendum Act 2015
- 102 Application of s 11 for particular referendum