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REFERENDUMS ACT 1983 - SECT 9

REFERENDUMS ACT 1983 - SECT 9

9 .         Arguments in relation to referendum question

        (1)         In the case of a referendum as to a Bill if within 4 weeks after the passage of the Bill through both Houses of Parliament there is forwarded to the Electoral Commissioner —

            (a)         an argument in favour of the Bill, complying with such conditions or requirements as may be prescribed, and authorised by a majority of those members of both Houses with whose concurrence the Bill was passed who desire to forward such an argument; or

            (b)         an argument against the Bill, complying with such conditions or requirements as may be prescribed, and authorised by a majority of those members of both Houses who voted against the Bill and desire to forward such an argument,

                the Electoral Commissioner shall cause the argument to be printed and distributed to electors or otherwise cause the argument to be brought to the notice of electors.

        (2)         Where arguments are forwarded under each of paragraphs (a) and (b) of subsection (1) the Electoral Commissioner shall cause the same action to be taken under subsection (1) in respect of each argument.

        (3)         In the case of a referendum other than a referendum as to a Bill, if before the expiration of the period ending 7 days after the day of the issue of the writ there is forwarded to the Electoral Commissioner an argument in favour of the marking of ballot papers used for the referendum in a particular authorised manner complying with such conditions and requirements as may be prescribed and authorised by members of Parliament the Electoral Commissioner shall, subject to subsection (4), cause the argument to be printed and distributed to electors or otherwise cause the argument to be brought to the notice of electors.

        (4)         Where 2 or more arguments are received in accordance with subsection (3) in relation to the same authorised manner of marking ballot papers the Electoral Commissioner shall cause action to be taken under subsection (3) in respect of the argument that was authorised by the greater or greatest number of members or, where 2 or more such arguments were authorised by an equal number of members (which number was greater than the number of members by whom any other such argument was authorised), in respect of such one of those arguments as is decided by the Electoral Commissioner by the drawing of lots.

        (5)         In the case of a referendum other than a referendum as to a Bill the Electoral Commissioner may, in respect of each authorised manner in which votes may be marked on a ballot paper used for the referendum in relation to which no argument has been received in accordance with subsection (3), invite a body, corporate or unincorporate, to forward to him an argument in favour of the marking of ballot papers in that authorised manner and, if before the expiration of 21 days after the day of the issue of the writ a body to which an invitation has been so issued forwards to the Electoral Commissioner an argument complying with such conditions or requirements as may be prescribed or as may be specified in the invitation, the Electoral Commissioner shall cause the argument to be printed and distributed to electors or otherwise cause the argument to be brought to the notice of electors.

        (6)         Subject to subsection (4), where arguments are forwarded under subsection (4) or (5) in respect of more than one authorised manner of marking votes the Electoral Commissioner shall cause the same action to be taken in respect of each argument.

        [Section 9 amended: No. 40 of 1987 s. 103.]