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ELECTORAL ACT 2002 - SECT 177B

Application of provisions relating to elections

    (1)     Subject to this Part, the provisions of this Act and the regulations made under this Act apply so far as they are applicable to and in respect of a referendum as if it were an election.

    (2)     Without limiting subsection (1), for the purposes of the conduct of a referendum—

        (a)     a reference to a writ is to be construed as a reference to a writ for a referendum;

        (b)     a reference to the election day is to be construed as a reference to the day fixed by the writ for a referendum for the taking of votes on the referendum;

        (c)     a reference to an election is to be construed as a reference to a referendum;

        (d)     a reference to electoral matter or electoral papers is to be construed as a reference to corresponding electoral matter or electoral papers in relation to a referendum;

        (e)     a reference to a ballot-paper, ballot material, ballot-box or other thing is to be construed as a reference to a ballot-paper, ballot material, ballot-box or corresponding thing in relation to a referendum;

        (f)     a reference to a how-to-vote card is to be construed as a reference to a corresponding how-to-vote card in relation to a referendum and as if—

              (i)     paragraph (b) of the definition of how‑to-vote card in section 3 were omitted; and

              (ii)     in section 77(1)(a), if the day appointed for the taking of votes on a referendum is not on an election day for an election, the reference to "final nomination day" were a reference to a day fixed and publicly advertised by the Commission for the purposes of this paragraph;

        (g)     a reference to disputing the validity of an election is to be construed as a reference to disputing the validity of a referendum.

    (3)     For the purposes of a referendum—

        (a)     the Commission may appoint appropriate persons as election managers or election officials and make the necessary arrangements for the taking of the votes of electors in each electoral district;

        (b)     a ballot-paper must not be rejected as informal except in accordance with this Part;

        (c)     the vote of an elector must be marked on the ballot-paper in the manner directed by this Part.

    (4)     For the purposes of a referendum, if the day appointed for the taking of votes on a referendum is the same as the election day for an election, an application by an elector to vote early under section 99 cannot be made before the day after the final nomination day for the election.

    (5)     For the purposes of a referendum, if the day appointed for the taking of votes on a referendum is not on an election day for an election, an application by an elector to vote early under section 99 may be made on the days and during the hours fixed and publicly advertised by the Commission for the purposes of this subsection.

    (6)     Part 12 does not apply in respect of a referendum.

S. 177C inserted by No. 2/2003 s. 20.



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