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TASMANIA
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REFERENDUM PROCEDURES BILL 2004
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CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Application of Electoral Act 2004
PART 2 CONDUCT OF REFERENDUMS
Division 1 Writs for holding referendums
5. Issue of writ
6. Contents of writ for referendum
7. Writ directed to Commissioner
8. Days fixed in writ
9. Duties of Commissioner on receipt of writ
10. Extension of time
Division 2 Referendum proposals
11. Referendum proposals
12. Arguments in relation to proposals
Division 3 Entitlement to vote
13. Electors entitled to vote at referendum
14. Close of roll
[Bill 65]-I
Division 4 Voting and ballot papers
15. Manner of voting
16. Preparation and printing of ballot papers
17. Informal ballot papers
Division 5 Proceedings after close of poll for referendum
18. Counting of ballot papers
19. Certificate of results
20. Declaration of results and return of writ
21. Custody of referendum material
22. Examination of referendum material
PART 3 MISCELLANEOUS
23. Costs and expenses of referendum
24. Regulations
25. Administration
26. Act repealed
SCHEDULE 1 ACT REPEALED
2
REFERENDUM PROCEDURES BILL 2004
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act relating to the conduct of referendums
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Referendum Procedures
Act 2004.
Commencement
2. This Act commences on the day on which the Electoral
Act 2004 commences.
Interpretation
3. (1) In this Act, unless the contrary intention appears
"ballot paper" means a ballot paper prepared
under section 16;
THIS BILL IS COGNATE WITH THE ELECTORAL BILL 2004
[Bill 65] 3
s. 4 No. Referendum Procedures 2004
"informal ballot paper" means a ballot paper
which is informal as specified in section 17;
"poll" means a poll for a referendum;
"referendum" means a referendum held in
accordance with this Act;
"returning officer" means a returning officer
appointed under the Electoral Act 2004 in
respect of an Assembly division;
"writ" means a writ for the holding of a referendum
issued under section 5.
(2) Unless the contrary intention appears, an
expression used in this Act has the same meaning as it
has in the Electoral Act 2004.
Application of Electoral Act 2004
4. (1) Subject to this Act, the provisions of the Electoral
Act 2004 apply so far as they are applicable, with the
necessary changes, to and in respect of a referendum as if
it were an Assembly election.
(2) Without limiting subsection (1), for the purposes
of the conduct of a referendum
(a) a reference to polling day in the Electoral Act
2004 is to be construed as a reference to the
day fixed by the writ for the conduct of the poll
for a referendum; and
(b) a reference to an election in the Electoral Act
2004 is to be construed as a reference to a
referendum; and
(c) a reference to electoral matter in the Electoral
Act 2004 is to be construed as a reference to
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2004 Referendum Procedures No. s. 4
corresponding matter in relation to a
referendum; and
(d) a reference to a ballot paper, ballot material,
ballot box or other thing in the Electoral Act
2004 is to be construed as a reference to a
ballot paper, ballot material, ballot box or
corresponding thing in relation to a
referendum; and
(e) a reference to disputing the validity of an
election in the Electoral Act 2004 is to be
construed as a reference to disputing the
validity of a referendum.
(3) For the purposes of a referendum
(a) the vote of an elector is to be marked on the
ballot paper in the manner specified by this
Act; and
(b) a ballot paper is not to be rejected as informal
except in accordance with this Act.
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s. 5 No. Referendum Procedures 2004
PART 2 CONDUCT OF REFERENDUMS
Division 1 Writs for holding referendums
Issue of writ
5. (1) If a referendum is authorised or required by or
under an Act to be held in accordance with this Act, the
Governor may, not less than 21 days after the Act which
authorises or requires the referendum to be held receives
the Royal Assent, issue a writ for the holding of the
referendum.
(2) If a poll for a referendum pursuant to this Act is
to be held on the same day as polling day for an Assembly
general election, the date of issue of the writ for the
referendum is to be the same as the date of issue of the
writ for the election.
Contents of writ for referendum
6. (1) A writ for the holding of a referendum is to be in an
approved form and
(a) specify each proposal to be submitted to the
electors at the referendum; and
(b) fix
(i) the day for the conduct of the poll; and
(ii) the day on or before which the writ is to
be returned to the Governor.
(2) If a proposal to be submitted to the electors at
the referendum concerns the passing of a proposed law, a
copy of the text of the proposed law is to be attached to the
writ.
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2004 Referendum Procedures No. s. 7
(3) For the purposes of this Act, the writ is taken to
have been issued at 6 p.m. on the day on which it was
issued.
Writ directed to Commissioner
7. A writ for the holding of a referendum is to be directed
to the Commissioner.
Days fixed in writ
8. (1) The day fixed for the conduct of the poll is to be a
day not less than 21 days and not more than 51 days after
the day on which the writ was issued.
(2) The day fixed for the return of the writ is to be a
day not later than 60 days after the day on which the writ
was issued.
Duties of Commissioner on receipt of writ
9. The Commissioner, as soon as practicable after
receiving a writ for the holding of a referendum, is to
(a) endorse on the writ the date on which it was
received; and
(b) publish, in each newspaper approved for the
purpose, a notice of
(i) the date on which the writ was received;
and
(ii) each of the proposals specified in the
writ; and
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s. 10 No. Referendum Procedures 2004
(iii) the days fixed for the conduct of the poll
and the return of the writ; and
(c) forward a copy of the writ to each returning
officer.
Extension of time
10. (1) If a writ for a referendum has been issued and not
returned, and the Governor considers it appropriate, the
Governor may by proclamation fix
(a) another day for the conduct of the poll either
generally or in any Assembly division; or
(b) another day on or before which the writ is to
be returned to the Governor.
(2) Any days fixed by the Governor under
subsection (1) are not subject to section 8.
(3) If the Governor issues a proclamation under
subsection (1), the Commissioner, as soon as practicable, is
to publish in each newspaper approved for the purpose a
notice of that proclamation.
(4) Where
(a) the day fixed by the writ for the conduct of the
poll for a referendum is the same as polling
day for an Assembly general election; and
(b) another day is fixed under section 72 of the
Electoral Act 2004 as polling day for that
election in an Assembly division
the day referred to in paragraph (b) is to be taken to be the
day for the conduct of the poll for the referendum in that
Assembly division.
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2004 Referendum Procedures No. s. 11
Division 2 Referendum proposals
Referendum proposals
11. (1) The Governor may determine the following
matters:
(a) the wording of each proposal to be submitted
to the electors at the referendum;
(b) if more than one proposal is to be submitted to
the electors at a referendum, the order in
which the proposals are to be printed on the
ballot papers for the referendum.
(2) The wording of a proposal referred to in
subsection (1) is not to contain any argument in relation to
the proposal.
Arguments in relation to proposals
12. (1) If a referendum is authorised or required by or
under an Act to be held in accordance with this Act
(a) an argument in favour of each proposal to be
submitted to the electors at the referendum is
to be authorised by a majority of those
members of Parliament who are in favour of
the proposal and forwarded to the
Commissioner; and
(b) an argument against each proposal is to be
authorised by a majority of those members of
Parliament who are against the proposal and
forwarded to the Commissioner.
(2) An argument referred to in subsection (1) is to
9
s. 13 No. Referendum Procedures 2004
(a) be in an approved form, consisting of no more
than 2 000 words; and
(b) be forwarded to the Commissioner within 21
days after the day on which the Act which
authorises or requires the referendum to be
held receives the Royal Assent.
(3) The Commissioner is to cause the arguments for
and against each proposal that is to be submitted to the
electors at a referendum to be brought to the notice of
electors before the day fixed for the conduct of the poll.
Division 3 Entitlement to vote
Electors entitled to vote at referendum
13. A person is entitled to vote at a referendum if, had the
referendum been an Assembly general election, the person
would have been entitled to vote at that election.
Close of roll
14. The close of roll in relation to a referendum is 6 p.m.
on the day of the issue of the writ for the holding of the
referendum.
Division 4 Voting and ballot papers
Manner of voting
15. (1) The voting at a referendum is to be by ballot.
(2) An elector is to record his or her vote at a
referendum
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2004 Referendum Procedures No. s. 16
(a) if the elector approves a proposal, by writing
the word "Yes" in the box provided on the
ballot paper in respect of the proposal; or
(b) if the elector does not approve a proposal, by
writing the word "No" in the box provided on
the ballot paper in respect of the proposal.
(3) An elector is to write the word "Yes" or the word
"No" in respect of each proposal printed on the ballot
paper.
Preparation and printing of ballot papers
16. (1) Ballot papers for use at referendums are to be
prepared and printed by the Commissioner in an approved
form.
(2) The ballot paper is to set out the wording of each
proposal, after the words "It is proposed".
(3) The question, "Do you approve this proposal?", is
to be printed immediately below each proposal.
(4) A box is to be printed next to each question.
(5) Instructions on the ballot paper are to indicate
that the elector is to write "YES" or "NO" in the box
opposite each question.
Informal ballot papers
17. (1) A ballot paper is informal in respect of a proposal
submitted to the electors at a referendum if
(a) the ballot paper is not authenticated by
(i) the initials of an election official; or
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s. 18 No. Referendum Procedures 2004
(ii) an approved mark; or
(b) there is on the ballot paper a mark or writing
which identifies the elector who marked that
ballot paper; or
(c) the word "Yes" or the word "No" is not written
in the space provided on the ballot paper in
respect of the proposal.
(2) A ballot paper which is informal in respect of a
proposal submitted to the electors at a referendum may
not be admitted at a scrutiny in relation to that proposal
but may be admitted in relation to another proposal if the
ballot paper is not informal in respect of that other
proposal.
(3) A ballot paper is not to be treated as informal or
rejected at the counting of votes if, in the opinion of the
returning officer, the elector's intention is clearly indicated
on the ballot paper.
Division 5 Proceedings after close of poll for
referendum
Counting of ballot papers
18. Ballot papers are to be counted to determine, in
respect of each proposal submitted to the electors at the
referendum
(a) the number of ballot papers marked by
electors approving the proposal; and
(b) the number of ballot papers marked by
electors not approving the proposal; and
(c) the number of informal ballot papers.
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2004 Referendum Procedures No. s. 19
Certificate of results
19. After the completion of the counting of votes in an
Assembly division, the returning officer is to, in respect of
each proposal printed on the ballot papers for the
referendum
(a) complete and sign a certificate, in an approved
form, setting out the results determined under
section 18; and
(b) forward that certificate to the Commissioner.
Declaration of results and return of writ
20. As soon as practicable after receiving the certificates
forwarded under section 19, the Commissioner is to
(a) publicly declare in respect of each Assembly
division and for the whole State
(i) the number of ballot papers marked by
electors approving the proposal; and
(ii) the number of ballot papers marked by
electors not approving the proposal; and
(iii) the number of informal ballot papers;
and
(b) endorse on the writ details of the declaration
made under paragraph (a); and
(c) return the writ to the Governor; and
(d) publish details of the declaration made under
paragraph (a) in each newspaper approved for
the purpose.
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s. 21 No. Referendum Procedures 2004
Custody of referendum material
21. (1) The Commission is responsible for the safe custody
of all ballot papers, used declaration vote envelopes, used
postal vote declaration envelopes and any other material
as determined by the Commission until
(a) the expiration of the period during which any
question relating to the referendum may be
referred to the Supreme Court; or
(b) if a question relating to the referendum is so
referred to the Supreme Court, the date on
which the question is determined or the
referral is withdrawn.
(2) After the expiration of the period referred to in
subsection (1)(a) or after the date referred to in
subsection (1)(b), the Commission may cause the material
referred to in subsection (1) to be destroyed.
Examination of referendum material
22. (1) The Commission may approve
(a) the opening of any sealed parcels containing
ballot papers, used declaration vote envelopes,
used postal vote declaration envelopes or other
material; and
(b) the examination of the contents of those
parcels.
(2) An approval under subsection (1) is to state the
purpose for which the approval is granted.
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2004 Referendum Procedures No. s. 23
PART 3 MISCELLANEOUS
Costs and expenses of referendum
23. The costs and expenses incurred in, or in connection
with, the conduct of a referendum in accordance with this
Act are a charge on the Consolidated Fund and are
payable out of the Consolidated Fund without further
appropriation than this section.
Regulations
24. (1) The Governor may make regulations for the
purposes of this Act.
(2) Regulations made under this section may be
made so as to apply differently according to matters,
limitations or restrictions, whether as to time,
circumstance or otherwise, specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied or regulated by the
Commission or Commissioner.
Administration
25. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Justice and Industrial
Relations; and
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s. 26 No. Referendum Procedures 2004
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Justice.
Act repealed
26. The Act specified in Schedule 1 is repealed.
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2004 Referendum Procedures No. sch. 1
SCHEDULE 1 ACT REPEALED
Section 26
Referendum Procedures Act 1994 (No. 34 of 1994)
Government Printer, Tasmania 17