Queensland Consolidated Acts

REFERENDUMS ACT 1997

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Dictionary
   3.      Function of the commission

           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 1--Arrangements for referendums

   15.     Setting up and operating polling booths
   16.     Kinds of polling booths
   17.     Adjournment of poll at polling booth
   18.     Supply of ballot papers and electoral rolls
   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 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.     Making a declaration vote at a commission office
   30.     Making a declaration vote using posted referendum papers
   31.     Electoral visitor voting
   32.     Making a declaration vote in cases of uncertain identity
           Subdivision 3--Marking of ballot papers
   33.     How electors must vote
   34.     Formal and informal ballot papers

           Division 4--Counting of votes

   35.     Votes to be counted in accordance with division
   36.     Preliminary processing of declaration envelopes and ballot papers
   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

           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
   68.     Improperly influencing commission
   69.     Interfering with referendum right or duty
   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.
   80.     Displaying referendum statements in certain places
   82.     Offences relating to ballot papers
   83.     Failure to post, fax or deliver 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 election under Electoral Act 1992

   88.     Extension of time
   89.     Cut-off date for electoral rolls for an election and a referendum
   90.     Pre-poll voting—making a declaration vote at a commission office
   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
   96.     Adjournment at both referendum and election

           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
   101.    Transitional provision—petition disputing referendum
           SCHEDULE 1 REFERENDUM FORMS
           SCHEDULE 3 DICTIONARY
           Endnotes