Commonwealth Consolidated Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   3AA.    Meaning of referendum matter  
   3AAA.   Meaning of referendum expenditure  
   3A.     Extraterritorial operation of Act  
   3B.     Application to Crown  
   3C.     Application of the Criminal Code  
   4.      Electors entitled to vote at a referendum  
   5.      Australian Electoral Officer for the Australian Capital Territory  
   6.      Assistant Returning Officers and Assistant Divisional Returning Officers  
   6A.     AEC staff may act as Divisional Returning Officers or Assistant Divisional Returning Officers  

   PART II--WRIT--FOR A REFERENDUM

   7.      Writ for a referendum  
   8.      Form of writ  
   9.      Day for close of Rolls and voting day  
   10.     Extension of time  
   11.     Distribution to electors of arguments for and against proposed law  
   12.     Governor - General to deal with writ  
   13.     Action by Electoral Commissioner  
   14.     Action by Electoral Officers  

   PART III--VOTING--AT A REFERENDUM

           Division 1--General

   15.     Voting on same day throughout Australia  
   16.     Polling places  
   16A.    Undertaking by officers and scrutineers  
   17.     Arrangements for voting  
   18.     Substitute for presiding officer  
   19.     Ballot - boxes  
   20.     Separate voting compartments  
   21.     Use of licensed premises as polling booth  
   22.     Certified lists of voters  
   22A.    Approved list of voters  
   23.     Election and referendum on the same day  
   24.     Manner of voting  
   25.     Forms of ballot paper  
   25A.    Official mark  
   25B.    Administrative markings  
   26.     Ballot papers to be initialled  
   27.     Appointment of scrutineers  
   28.     Provisions relating to scrutineers  
   29.     Voting at a referendum  
   30.     Questions to be put to voter  
   31.     Questions to be put to voter when election and referendum on the same day  
   32.     Errors not to forfeit vote  
   33.     Right of elector to receive ballot paper  
   34.     List of voters to be marked when ballot paper issued  
   35.     Vote to be marked in private  
   36.     Assistance to certain voters  
   36A.    Certain voters may vote outside polling place  
   37.     Provisional votes  
   38.     Provisional enrolment by applicant for citizenship  
   39.     Other general provisions about applications under section 38  
   40.     Election and referendum on the same day  
   41.     Spoilt ballot papers  
   41AA.   Discarded ballot papers  
   41AB.   Ballot - boxes opened before close of voting  
   41A.    Temporary suspension of polling  
   42.     Adjournment of voting  
   43.     Adjournment at both referendum and election  
   44.     Adjourned voting  
   45.     Compulsory voting  
   46.     Where electors may vote, and absent voting  
   46AA.   Voting by designated electors at referendums  
   46A.    Forwarding of declaration votes  

           Division 2--Mobile booths

   47.     Interpretation  
   48.     Hospitals that are polling places  
   50.     Provisions related to section 48  
   51.     Mobile booths  
   52.     Election and referendum on same day  

   PART IV--POSTAL--VOTING

   53.     Interpretation  
   54.     Grounds of application for postal vote  
   55.     Application for postal vote  
   56.     Application forms for postal votes  
   58.     Dispatch of postal voting papers to registered general postal voters  
   59.     Election and referendum on the same day  
   61.     Issue of certificate and ballot papers  
   62.     Inspection of applications  
   62A.    Access to electronic list of postal vote applicants  
   62B.    Restriction on use or disclosure of information  
   65.     Postal voting  
   66.     Duty of authorised witnesses etc.  
   67.     Procedure for dealing with postal vote certificates etc.  
   68.     Opening of postal ballot paper  
   69.     Failure to post or deliver postal vote application etc.  
   70.     Inducing person to hand over marked ballot paper  
   71.     Correction of formal errors  
   71AA.   Postal votes not to be rejected in certain circumstances  

   PART IVA--PRE---POLL VOTING

           Division 1--Introduction

   71A.    Guide to this Part  

           Division 2--General matters

   72.     Grounds of application for pre - poll vote  
   73.     Pre - poll voting officers  
   73AA.   Pre - poll voting offices  
   73A.    Application for pre - poll vote  
   73B.    Place and time of application  
   73C.    Election and referendum on the same day  
   73CA.   Appointment of scrutineers  
   73CB.   Provisions relating to scrutineers  

           Division 3--Voting by pre-poll ordinary vote

              Subdivision A--Preliminary

   73CC.   Definitions  
   73CD.   Where is pre - poll ordinary voting available?  
   73CE.   Separate voting compartments  
   73CF.   Ballot - boxes  

              Subdivision B--Voting by pre-poll ordinary vote

   73CG.   When is a person entitled to vote by pre - poll ordinary vote?  
   73CI.   Questions to be put to voter  
   73CJ.   Right of voter to receive ballot paper  
   73CK.   Voter to mark vote on ballot paper  
   73CL.   Assistance to certain voters  
   73CM.   Voter not entitled to vote again etc.  

              Subdivision C--Requirements relating to ballot-boxes

   73CN.   Subdivision sets out requirements to be complied with  
   73CO.   Requirements to be complied with before first use of ballot - box  
   73CP.   Requirements to be complied with at end of each day of use of ballot - box  
   73CQ.   Requirements to be complied with before ballot - box used again on later day  
   73CR.   Forwarding of ballot - boxes for purposes of scrutiny  

           Division 4--Voting by pre-poll declaration vote

   73CS.   Persons to whom this Division applies  
   73D.    Pre - poll declaration voting  
   73E.    Form of pre - poll vote certificate for declaration voting  
   73F.    Record of issue of pre - poll voting papers  
   73H.    Opening of pre - poll voting envelope  
   73J.    Obligations of persons present when pre - poll vote cast  
   73K.    Correction of formal errors  

   PART IVB--ELECTRONICALLY--ASSISTED VOTING

   73L.    Definitions  
   73LA.   Entitlement of Antarctic electors to vote  
   73M.    Providing for voting by an electronically assisted voting method  
   73N.    There must be a record of who has voted using the electronically assisted voting method  
   73P.    There must be a record of the vote  
   73Q.    How this Act applies in relation to voting using the electronically assisted voting method  
   73QA.   Electoral Commissioner may decide that electronically assisted voting method is not to be used by sight - impaired persons  

   PART VI--SCRUTINY--OF A REFERENDUM

   89.     Ascertainment of result of referendum  
   89A.    Preliminary scrutiny of declaration votes  
   90.     Conduct of scrutiny  
   91.     Action at scrutiny  
   92.     Action on objection to ballot papers  
   93.     Informal ballot papers  
   94.     Return of result of submission by Divisional Returning Officers  
   95.     Recount  
   95A.    Notice of re - count  
   95B.    Conduct of re - count  
   96.     Reservation of disputed ballot papers  

   PART VII--RETURN--OF THE WRIT

   97.     Statement by Australian Electoral Officers  
   98.     Return of the writ  
   99.     Copies of statement to Governors of the States etc.  

   PART VIII--DISPUTED--RETURNS

   100.    Disputing validity of submission or return  
   101.    Requisites of petition  
   102.    Petition by Electoral Commission  
   103.    Jurisdiction and powers of High Court  
   104.    Inquiries by High Court  
   105.    Notice of petition  
   106.    Joinder of parties  
   107.    Procedure on petition  
   107AA.  Court must make decision quickly  
   107A.   Provision for Court to have regard to certain rejected ballot papers  
   108.    Immaterial errors not to invalidate referendum  
   108AA.  Referendum not affected by failure of delivery arrangement  
   108A.   Certain other matters not to invalidate referendum  
   109.    Evidence that person not permitted to vote  
   109A.   Right of Electoral Commission to have access to documents  

   PART VIIIA--DISCLOSURE--OF REFERENDUM EXPENDITURE AND GIFTS

           Division 1--Preliminary

   109B.   Application of this Part  
   109C.   Determining amount or value of certain gifts  
   109D.   Entities that are not incorporated  

           Division 2--Disclosure of referendum expenditure and gifts

   109E.   Returns by referendum entities  
   109F.   Returns relating to gifts received by referendum entities for referendum expenditure  
   109G.   Returns relating to gifts to referendum entities  

           Division 3--Requirements relating to foreign donor gifts

   109H.   Object of this Division  
   109J.   Gifts provided for the purposes of incurring referendum expenditure etc.  

           Division 4--Referendum expenditure by foreign campaigners

   109K.   Objects of this Division  
   109L.   Prohibition on foreign campaigner incurring referendum expenditure or fundraising for that purpose  

           Division 5--Other matters

   109M.   Anti - avoidance  
   109N.   Electoral Commission may obtain information and documents from persons  
   109P.   Copies of documents  
   109Q.   Retention of documents  
   109R.   Debts due to the Commonwealth  
   109S.   Contravening an offence provision or a civil penalty provision  
   109T.   Recovery of payments  
   109U.   Keeping records  
   109V.   Inability to complete returns  
   109W.   Non - compliance with Part does not affect referendum  
   109X.   Amendment of returns  
   109Y.   Report by Electoral Commission  
   109Z.   Certain particulars not to be included in reports  
   109ZA.  Implied freedom of political communication  

   PART IX--AUTHORISATION--OF REFERENDUM MATTER

           Division 1--Preliminary

   110A.   Definitions  
   110B.   Objects of this Part  

           Division 2--Authorisation of certain referendum matter

   110C.   Authorisation of certain referendum matter  
   110CA.  Prohibition on foreign campaigners authorising referendum matter  
   110D.   Extended geographical application of section 110C and 110CA  

           Division 3--Information-gathering powers

   110E.   Electoral Commissioner may obtain information and documents from persons  
   110F.   Copies of documents  
   110G.   Retention of documents  

   PART X--OFFENCES

   116.    Officers and scrutineers to observe secrecy  
   117.    Officers not to contravene Act etc.  
   118.    Officers not to influence vote  
   118A.   Influencing votes of hospital patients etc.  
   119.    Bribery  
   120.    Interference with political liberty  
   122.    Misleading or deceptive publications etc.  
   123.    False statements in relation to Rolls  
   126.    Cards in polling booth  
   127.    Signature to referendum paper  
   128.    Witnessing referendum papers  
   129.    Marks on ballot papers  
   130.    Other offences relating to ballot papers etc.  
   130A.   Officers not to interfere with etc. ballot - boxes or ballot papers  
   131.    Prohibition of certain behaviour near polling booths and pre - poll voting places  
   132.    Badges or emblems in polling booths  
   133.    Employers to allow employees leave of absence to vote  
   134.    Misconduct at public meeting  
   135.    Control of behaviour at polling booths etc.  

   PART XI--MISCELLANEOUS

   136A.   Extension of time for acts by officers  
   138.    Delegation by Electoral Commissioner  
   139.    Injunctions  
   140.    Prosecution of offences  
   140AAA. Application of Regulatory Powers Act  
   140A.   Effect of averment by prosecutor  
   140AA.  Evidence of authorship or authorisation of material  
   140B.   Service of process by mail  
   141.    Referendum papers received by post  
   142A.   Preservation of documents  
   143.    No referendum or vote of a State or Territory to be held on voting day  
   144.    Regulations  
   144A.   Modifications by legislative instrument in the event of an emergency  
   145.    Repeal  
           SCHEDULE 1 Forms
           SCHEDULE 2 Repealed Acts
           SCHEDULE 3 Grounds of application for postal or pre-poll vote
           SCHEDULE 4 Rules for the conduct of a preliminary scrutiny of declaration votes