Commonwealth of Australia Explanatory Memoranda

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REFERENDUM (MACHINERY PROVISIONS) AMENDMENT BILL 2022

                                    2022-2023



     THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                 THE SENATE




REFERENDUM (MACHINERY PROVISIONS) AMENDMENT BILL 2022




           SUPPLEMENTARY EXPLANATORY MEMORANDUM




             Amendment to be moved on behalf of the Government




(Circulated by authority of Senator the Hon Don Farrell, Special Minister of State)




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Glossary
The following abbreviations and acronyms are used throughout this Supplementary
Explanatory Memorandum:

 Abbreviation                            Definition
 Bill                                    Referendum (Machinery Provisions)
                                         Amendment Bill 2022
 Electoral Act                           Commonwealth Electoral Act 1918
 ICCPR                                   International Covenant on Civil and
                                         Political Rights
 Item                                    Refers to an Item in the Bill (as
                                         amended by the Parliamentary
                                         Amendments)
 JSCEM                                   Joint Standing Committee on Electoral
                                         Matters
 MoPS Act                                Members of Parliament (Staff) Act 1984
 Parliamentary Amendments                Amendments in QE100
 PBR Act                                 Parliamentary Business Resources Act
                                         2017
 Referendum Act                          Referendum (Machinery Provisions) Act
                                         1984




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AMENDMENTS TO THE REFERENDUM (MACHINERY PROVISIONS)
AMENDMENT BILL 2022

GENERAL OUTLINE

The Parliamentary Amendment will retain the expenditure restrictions in subsection 11(4) of
the Referendum Act which prevent the Commonwealth from expending money in respect of
the presentation of the argument in favour of, or the argument against, a proposed law.

The Parliamentary Amendment will also ensure these restrictions do not prevent funding of
neutral public civics education and awareness activities to provide the information needed to
ensure Australians can cast an informed vote at the next referendum.

The amendment also enables the Commonwealth to continue to expend money in relation to
consultations with First Nations Leaders through the Referendum Working Group and
Referendum Engagement Group, and the Constitutional Expert Group.

The Parliamentary Amendment also clarifies that the funding restriction does not apply to
salaries and allowances for members of Parliament or their staff under the PBR Act, or
agreements for employment or engagement referred to in the MoPS Act. This amendment
will also provide greater certainty for when the funding restriction comes into effect.

This amendment responds to JSCEM's advisory report on the Bill, which recommended
consideration of further amendments to the Bill to ensure clear, factual and impartial
information is made accessible to all voters as part of the referendum process.


FINANCIAL IMPACT

Nil.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

A Statement of Compatibility with Human Rights has been completed in relation to the
Parliamentary Amendment to the Bill. The amendment has been assessed as compatible with
Australia's human rights obligations.




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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Referendum (Machinery Provisions) Amendment Bill 2022

The Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.

Human rights implications

This Parliamentary Amendment is compatible with human rights as it does not raise any
human rights issues.

AMENDMENT TO THE REFERENDUM (MACHINERY PROVISIONS)
AMENDMENT BILL 2022

QE100

Referendum (Machinery Provisions) Act 1984

1. Item 1 would remove Clause 4 of the Bill, which proposed the temporary suspension of
   section 11 of the Referendum Act.

2. Item 2 inserts into the Bill new Schedule 3A, which amends the funding restriction in
   subsection 11(4) of the Referendum Act to introduce certain exceptions to funding
   restrictions and to clarify the operation of the provision.

3. Following subsection 11(4), Item 2 adds new subparagraph 11(4)(c) and new subsections
   11(5)-11(8).

4. New subparagraph 11(4)(c) clarifies that expenditure restrictions referred to in subsection
   11(4) do not apply to the salaries, allowances and expenses payable under the
   Constitution, the PBR Act and agreements for employment or engagement referred to in
   the MoPS Act.

5. New subsection 11(5) provides that the expenditure restrictions will apply in respect of
   expenditure incurred on or after the end of the day on which a proposed law to alter the
   Constitution passes the Parliament. This provides certainty about the time from when the
   funding restrictions will take effect for the term of the 47th Parliament.

6. New subsection 11(6) provides that, for the avoidance of doubt, the funding restriction in
   subsection 11(4) does not prevent the Commonwealth from expending money in relation
   to neutral public civics education and awareness activities.




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7. These amendments allow the Commonwealth to expend money to enhance general
   constitutional awareness and civics education among Australian voters, including
   information about the processes involved in changing the Constitution at a referendum
   and the fact of a pending referendum.

8. New subsection 11(7) provides that, for the avoidance of doubt, new subsection 11(6)
   does not permit the Commonwealth to expend money with respect to the arguments for or
   against a proposed law for the alteration of the Constitution.

9. New subsection 11(8) provides that the expenditure restrictions in subsection 11(4) do not
   apply to expenditure of money on consultations with First Nations Leaders through the
   Referendum Working Group and Referendum Engagement Group, and the Constitutional
   Expert Group. This ensures that important consultations with these Groups can continue
   after the funding restriction has commenced in accordance with new subsection 11(5).

10. New subsection 11(9) provides that subsections 11(5) through (8) sunset at the next
    general election of the members of the House of Representatives.




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