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Referendums
REFERENDUMS BILL 1996
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Bill
The existing Referendums Act 1989 is of no practical utility because it
relies upon the machinery provisions in the repealed Elections Act 1983.
The Electoral Act 1992, which repealed the Elections Act, created the
Electoral Commission of Queensland (ECQ) which is the body now
responsible for the conduct of elections throughout the State. The
proposed Bill is designed to replace the existing Referendums Act,
updating the machinery provisions to reflect the mechanics contained in
the Electoral Act and vest the ECQ with responsibility for conducting a
referendum should the need arise.
Reasons for the Objectives and how they will be achieved
Because of the disparity between the present provisions of the
Referendums Act and the structures, procedures and mechanisms put in
place by the ECQ in conformity with the Electoral Act 1992, it would be
practically impossible to conduct a referendum based on the present state
of the legislation without some hurried amendments being enacted at the
time of the passage of legislation setting up the particular referendum in
question.
To avoid having to amend the Referendums Act in such a hasty fashion
and risk error, it is preferable to update the legislation in a timely and
considered way to ensure a qualitative package. An example of the
dangers of attempting to piece together in an ad hoc way a legislative
framework for the conduct of referendums is evident from the experience
of the 1991 referendum. In order to effect the referendum held in 1991,
hasty amendments were needed to the Referendums Act. Part 8, inserted
for this purpose, allowed directions by the then Chief Returning Officer to
overrule specific statutory provisions in the Referendums Act or any other
Act (section 8.7(3)).
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In light of the Legislative Standards Act 1992, this is not an ideal
legislative arrangement because it allows the directions of a public official
to prevail over specific statutory provisions in primary legislation. This
device was designed to overcome the practical difficulties in conducting a
referendum in the time frame required. It remains an undesirable conferral
of power on a public official.
The amendments necessary to streamline the current Act with the
machinery provisions under the Electoral Act are quite extensive. For
example, the Referendums Act refers to non-existent offices like the Chief
Returning Officer and poll clerks. As well, the challenge provisions in the
present Act, based on the now non-existent Elections Tribunal, require
extensive updating in recognition of the establishment of the Court of
Disputed Returns under the Electoral Act 1992 with its detailed
procedures provided for in that Act. As well, the machinery provisions
provided in Part 4 "Polling and Conduct of Referendum" of the
Referendums Act requires extensive modification to accord with the
provisions of Part 6 of the Electoral Act.
Given the extensiveness of the necessary amendments, it was
considered more efficient to simply rewrite the entire Act to harmonise it
with the current processes under the Electoral Act.
Administrative Cost
The Bill in itself will be cost neutral. It will simply be conferring an
additional function on the already existing ECQ to bear administrative
responsibility for the conduct of referendums as the need arises. Of
course, should a referendum be held, there will be the associated cost
equivalent to that incurred by the State of Queensland for holding a
general election.
Fundamental Legislative Principles
By removing Part 8 of the current Referendums Act which empowers a
public official to unilaterally override a statutory provision, the Bill
removes an extraordinary abrogation of the fundamental legislative
principles. To this extent, the Bill promotes the requirements of the
Legislative Standards Act 1992.
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Consultation
The Electoral Commission of Queensland has been consulted
throughout the course of developing the legislation.
NOTES ON CLAUSES
PART 1--PRELIMINARY
Clause 1 sets out the short title of the Bill.
Clause 2 provides that the dictionary, which defines particular words, is
in Schedule 3.
Clause 3 vests the Electoral Commission of Queensland with the
function of making appropriate administrative arrangements for the
conduct of referendums. (Section 8(1)(h) of the Electoral Act allows other
functions to be bestowed on the Commission by another Act.)
PART 2--WRIT
Division 1--Calling of a referendum
Clause 4 provides that the Electoral Commission of Queensland must
conduct a referendum if the relevant writ is issued by the Governor.
Clause 5 vests the Governor with a discretionary power as to whether to
issue a writ for a Bill or a question to be submitted to the electors. Under
the various Constitution Acts, Bills dealing with certain subject matter (for
example, the re-introduction of an Upper House) must be endorsed by the
majority of electors at a referendum before it can be presented for Royal
Assent. A question, on the other hand, may be the subject of a referendum
if the Legislative Assembly resolves that the question be submitted to the
electors at a referendum.
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Clause 6 provides for the official form and content of writs. Paragraph
(c) sets a different maximum time period for the polling day compared to
the Electoral Act requirements for an election. Under the Electoral Act,
the polling day must be not more than 56 days after the issue of the writ.
For a referendum, the maximum time period is set at 70 days after the
issue of the writ. This is necessary because the various Constitution Acts
stipulate that a `constitutional' referendum cannot be presented to the
electors less than two months after the Bill has been passed by the
Legislative Assembly. Those provisions in the various Constitution Acts
are `doubly entrenched' and cannot themselves be amended except by
referendum. It is therefore necessary to ensure that the subsequent
Referendums Bill accommodates the constitutional requirements. Hence
the necessity to set a maximum time period of `a Saturday..not more than
70 days after the issue of the writ' to accommodate the two month
constitutional requirement.
Clause 7 provides that a copy of the Bill or a statement of the question
must be attached to the writ.
Clause 8 requires the Commission to publish the writ in the Gazette and
advertise the key days listed in the writ in such other appropriate ways.
The Commission must also make available at any of its offices a copy of
the Bill or a statement of the question.
Clause 9 allows the Governor to extend any of the relevant days
nominated in the writ to a later date. Such time extension can be for a
particular electorate or generally for all electorates. This clause mirrors
section 82 of the Electoral Act 1992. It will be particularly useful when a
writ for a general election is issued after the referendum processes have
commenced so as to allow the two polls to be conducted on the same day.
PART 3--STATEMENTS OF ARGUMENTS
Clause 10 states that this part provides for the way arguments for or
against a Bill or question are authorised and subsequently published by the
Commission.
Clause 11 sets out what is required in order to invoke the Commission's
obligation to publish or distribute an argument for or against the Bill or
question. Such an argument, to be accepted as the official one, must have
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been endorsed by the majority of members who voted in favour of (or
against, as the case may be) the Bill or question, cannot exceed 1000
words and must be forwarded to the Commission within four weeks of the
passage of the Bill or resolution on the question in the Legislative
Assembly.
Clause 12 sets the way in which the Commission is to publish the
official arguments it receives under Clause 11. Provided at least one
argument is accompanied by a request for the argument to be printed and
posted to each elector in a pamphlet containing the argument or
arguments, the Commission must do so. The Commission must comply
with this process whether it receives one or two arguments, provided at
least one of them is accompanied by a formal request that the pamphlet be
posted out in this way. If there is no request at all, the Commission must
publish the argument or arguments at least twice in at least two
newspapers circulated throughout the State, the last publication being on
the day before polling day. In any event, if the Commission does receive
two arguments and they are published in the one document, the
Commission must publish them in a way that does not unfairly favour one
argument over the other. In other words, equal prominence must be given
to both.
Clause 13 provides for the publication of the pamphlet when there is
multiple Bills or questions to be put to the electors on the one day. In that
case, the arguments are to be printed in the one pamphlet and an argument
in favour of (or against) a particular Bill or question may exceed 1000
words provided that all of the arguments in favour (or against as the case
may be) do not average out in excess of 1000 words each.
Clause 14 limits the use of State budgetary funds for the presentation of
the arguments. It provides that the State can only use public funds on the
presentation of the arguments--
(a) to prepare and publish a newspaper notice under clause 12;
(b) to prepare, print and distribute pamphlets under clause 12
(including the printing of the pamphlet in other languages);
(c) to enable the Commission to provide other publications or
information about the referendum issues; or
(d) to provide for the salaries and allowances of members and their
staff and of officers of the Public Service.
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Paragraph (c) requires elaboration. Clauses 11 and 12 outline the
threshold minimum of what the Commission must do when it receives
official arguments. However, sometimes the Commission discharging its
general function to administratively oversee the conduct of a referendum
in a fair way, might determine that an additional publication is necessary.
For example, some newspapers, although technically published "State
wide" might only receive limited circulation in the more remote parts of
the State. In those regions, it would be preferable to include a publication
in the local regional newspaper. Sub-paragraph (c) will allow the
Commission to do this. Clauses 11 and 12 merely outline the bare
minimum obligations on the Commission in respect of publication of the
arguments. In other words, the expenditure of public money appropriated
to the independent Commission is legitimate and appropriate. However,
the State, beyond what is appropriated to the Commission, is not to spend
additional funds on the presentation of an argument.
PART 4--VOTING AND CONDUCT OF
REFERENDUMS
Division 1--Arrangements for referendums
Clause 15 requires the Commission to establish polling booths for
referendums and advertise the location and hours of opening of the booths.
Previously established ordinary polling booths (that is, those polling
booths used at the last poll taken) cannot be abolished once the writ for a
referendum has been issued unless it is necessary to do so for
circumstances beyond the Commission's control. Likewise, the
Commission cannot establish a polling booth at the last minute on polling
day. Cumulatively, the intention of this provision is to ensure that electors
have sufficient notice of the location of polling booths and equally
sufficient notice that a polling booth used for the last poll has been
abolished. It is also the Commission's responsibility to ensure that
electors are allowed to enter and vote on polling day at ordinary polling
booths.
Clause 16 provides for the two different types of polling booths. An
"ordinary polling booth" is a place where electors can vote on polling day.
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A "mobile polling booth" is either an institution (for example, a hospital
or home for the aged) which is declared by the Commission to be a mobile
polling booth or a building, structure, vehicle or other place so declared by
the Commission to be a mobile polling booth because an area is too
remote to have enough electors to justify an ordinary polling booth.
Relevant electors can vote at mobile polling booths from 11 days before
polling day up to the close of polling day at such times as determined by
the Commission.
Clause 17 allows a returning officer to adjourn the poll at a particular
polling booth if the taking of the poll is likely to be interrupted or
obstructed by inclement weather or a riot or open violence. When an
adjourned poll is held, only the electors who are enrolled in the electoral
district for which the polling booth is established and who have not
already voted, are entitled to vote. (Otherwise, any person throughout the
State who failed to vote on polling day could legitimately exercise a
voting right at the adjourned poll date). However, should the Commission
be satisfied that the number of voters to cast a vote at the adjourned poll
will not affect the overall outcome of the referendum, the adjourned poll
need not proceed. In other words if it is already apparent that the majority
of electors have resoundingly rejected or affirmed the proposal, there is no
need to proceed with the adjourned poll.
Clause 18 requires the Commission to ensure that a sufficient number
of ballot papers and copies of the certified electoral roll are available at
polling places. Ballot papers are to be in accordance with the forms (at
Schedule 1), and must comply with the other stylistic requirements listed
in the clause. Should two or more questions or Bills be put to the vote on
the same day, they must be presented on the one piece of paper.
Clause 19 allows members of the Legislative Assembly to appoint
scrutineers to oversee the polling processes throughout the conduct of the
referendum. Unlike the situation when there is an election, it would be
impractical and illogical to have every `candidate' appoint a scrutineer for
the purpose of a referendum. For a referendum is solely initiated by
members of the Legislative Assembly. Thus the nomination of scrutineers
is logically reliant upon members. To ensure that each electorate has
scrutineers for each political party, a member of a particular political
persuasion will have to technically appoint a scrutineer for another
electorate in which the presiding member is of a different political
persuasion. In practice, the respective Party machinery will take over the
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co-ordinatation of this exercise to ensure the appointment of a sufficient
number of scrutineers for each and every electorate.
Clause 20 allows the Governor to correct technical errors in the
preparation, issue or return of any writ by Gazette notice. The
Commission has a like power of correction in respect of technical errors in
relation to the preparation, issue, sending or return of any electoral roll,
ballot paper or other document.
Division 2--Who may vote at a referendum
Clause 21 stipulates who are the only persons entitled to vote. Besides
those who are on the electoral roll or who should be on the electoral roll
but for official error, sub-clause (b) picks up on the equivalent provision
of the Electoral Act which allows voting privileges for certain British
subjects. Sub-clause (2) provides that a person cannot vote more than
once at a referendum.
Division 3--How voting takes place at a referendum
Subdivision A--Ordinary voting
Clause 22 outlines the way in which ordinary voting takes place.
Ordinary voting is voting that does not need to be accompanied by a
declaration and basically refers to the usual way most people vote by
presenting at a polling booth (either an ordinary or a mobile polling booth)
established for the electorate for which the elector is enrolled.
Clause 23 enables a person chosen by the elector to assist them in the
voting process if they are unable to vote without assistance. The Clause
also provides for an elector who is incapacitated to be brought to a place
close to the polling booth and be permitted to vote as if it were the polling
booth.
Clause 24 enables an issuing officer to visit patients in a hospital for the
purpose of taking votes if the hospital is an appointed polling booth for the
purposes of the referendum.
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Subdivision B--Declaration voting
Clause 25 specifies those electors who may make a declaration vote.
This covers postal voters (both ordinary and special) and electoral visitor
voters. An ordinary postal voter is a person who, for a number of reasons
(for example, they will be outside the electorate on polling day, or,
because of illness or advanced pregnancy will be unable to attend at a
polling booth), are unable to vote at a polling booth. Special postal voters
are as defined under the Electoral Act. This category of voters has a more
enduring character and basically includes that list of people whose address
is more than 15 km from a polling booth or whose address has been
excluded from the roll under an arrangement with the Commonwealth (for
example, individuals whose publicised address might pose a `security risk'
such as judges). An electoral visitor voter, that is, a person who, because
of illness, requires an issuing officer to visit them at home so they can
vote, may also cast a declaration vote.
Clause 26 specifies those persons who must make a declaration vote.
This includes an elector who wishes to vote at a booth on polling day
outside their electoral district (otherwise referred to as an "absentee"
vote), certain British subjects who retain the right to vote under the
Electoral Act, an elector whose name is not on the roll because of official
error or who erroneously appears to have already voted, or an elector
whose identity is uncertain.
Clause 27 provides that, subject to Clause 32, an elector who makes a
declaration vote is to do so by --
· going to a place close to a polling booth and voting under clause
23(3) if the elector is unable to enter a polling booth because of
illness, disability or advanced pregnancy;
· voting at a polling booth during polling hours and following
procedures outlined in Clause 24;
· voting at an office staffed by the Commission prior to polling
day and following procedures outlined in Clause 29;
· using declaration voting papers that have been posted to the
elector and following the procedures outlined in Clause 30;
· if the person is an electoral visitor voter--voting before an
electoral visitor following the procedures outlined in Clause 31.
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Clause 28 details the procedure to be followed when voting as a
declaration voter at a polling booth.
Clause 29 details the procedure to be followed when voting as a
declaration voter at an office staffed by the Commission prior to polling
day.
Clause 30 details the procedures to be followed when making a
declaration vote using posted declaration voting papers.
Clause 31 details the procedures to be followed when voting before an
electoral visitor.
Clause 32 provides the procedures to be followed for the issuing of a
declaration vote when an issuing officer is uncertain of an elector's
identity. The Clause lists certain questions to be put to those electors.
Subdivision C--Marking of ballot papers
Clause 33 outlines the way in which an elector can validly vote. Should
the elector approve of the Bill or question, the elector may place a tick in
the box beside the word "Yes", or write the word "Yes" in that space or
otherwise mark the ballot paper in a way that clearly and unambiguously
indicates that the elector approves of the Bill or question. The same rules
apply should the elector wish to indicate disapproval of the Bill or
question (i.e. tick "No" etc).
Clause 34 outlines the criteria for determining formal and informal
ballot papers. In order to be effective, the ballot paper must be marked in
accordance with clause 31, it must not contain any markings that would
reveal the elector's identity and it must have been placed in a ballot box.
For a declaration vote, the envelope in which the ballot is placed must
have been witnessed (unless the person required to witness was in fact a
member of the Commission staff). A ballot paper that is effective to
indicate a vote is "formal" and a ballot paper that is ineffective is
"informal".
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Division 4--Counting of Votes
Clause 35 provides that votes are to be counted in accordance with this
Division.
Clause 36 provides the procedures to be followed when carrying out the
preliminary processing of declaration voting papers. When a declaration
vote is sent by post, it must be received by the Commission staff within 10
days after polling day. Once a declaration vote is acceptable, the ballot
paper must be taken out of the envelope and, without unfolding it or
allowing another person to see it, placed in a sealed ballot box. It is
intended that the assessment of declaration envelopes (in order to decide if
the ballot papers in them are to be accepted for counting) is to be done by
the returning officer for the electoral district in which the elector is
enrolled. So, if a returning officer receives a declaration envelope for
another electoral district, he or she is not to assess its validity but is to
forward it to the relevant returning officer for that other district who will
in turn conduct the assessment. Likewise for any declaration envelopes
that are received at an office of the Commission.
Clause 37 provides for the preliminary and official counting of votes
and states that the Commission must arrange for votes to be counted--
· on polling day--in accordance with Clause 38;
· after polling day--in accordance with Clause 39.
Clause 38 outlines the procedures to be followed by staff of the
Commission in counting votes after the end of ordinary voting hours on
polling day. First, all declaration envelopes are separated. Then all the
"yes", "no" and "informal" votes are separated and counted. The
returning officer for the electoral district is advised of the results. The
separate piles are then sealed up into separate parcels of "yes", "no" or
"informal" or such other parcels as the Commission directs when multiple
Bills or questions are put to the vote. The parcels are sent to the returning
officer.
Clause 39 outlines the procedures to be followed by staff of the
Commission in counting votes after polling day. First, the returning
officer opens the unopened ballot boxes and separates out the declaration
envelopes in groups corresponding to the various electoral districts. Those
unopened declaration votes are then forwarded to the respective returning
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officers for each district. Then the returning officer opens the parcels of
votes received under clause 38 and proceeds to count them. Those
declaration votes received by the returning officer opened under clause 36
and placed in a ballot box must also be counted in the same way. The
whole process is continually reapplied as more votes are received until all
the count is complete.
Clause 40 makes provision for a scrutineer to object to the treatment of
a ballot paper by a member of the staff of the Commission. In the event of
a challenge by a scrutineer, the staff member must mark on the back of the
ballot paper the way in which the member decides to treat the ballot, (ie
either formal or informal or yes or no).
Clause 41 provides in certain circumstances for a recount of some or all
of the ballot papers by a returning officer.
Division 5--Notifying the results of a referendum
Clause 42 requires the returning officer for each electoral district to
notify the Commission of the total number of yes votes, no votes and
informal ballot papers.
The returning officer must not delay notifying the result because some
ballot papers are not yet received if, on the advice of the Commission, the
outstanding ballots could not possibly affect the overall result of the
referendum. If however, more than one question or Bill has been the
subject of a poll, a returning officer may delay advising the results for all
of them if, on the advice of the Commission any outstanding ballots could
possibly affect the outcome of the results of at least one Bill or question.
In other words, because the multiple questions or Bills are contained on
the one paper, and the result in respect of any one of them is uncertain, the
returning officer can hold over notifying the results (and returning the
ballot papers to the Commission) until the outstanding ballots are
received.
Clause 43 requires the Commission to work out the final results of the
count, write them on the writ (and whether the Bill is finally approved or
not by the majority of electors), return the writ to the Governor and
publish the results in the Gazette.
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Clause 44 provides that the Commission may issue a "notice" to each
elector who appears to have failed to vote at the election advising them
that such failure is an offence and that the elector can either pay the fine or
give a statement of reasons in an attempt to justify such failure to vote.
Also, if a person made a declaration vote under clause 26(1)(b) (ie the
person's name was not on the roll because of official error) and the
declaration vote is not accepted, the Commission must advise the person
the reason why the ballot paper was not counted.
Clause 45 provides that payment of the fine under section 44 finalises
the matter and prevents the Commission from taking any other
proceedings against the person.
Clause 46 requires the Commission to keep all ballot papers, certified
copies of electoral rolls and declaration envelopes for a period of two
years after the return of the writ for the referendum.
The Clause also requires that the Commission provides access to these
records in certain circumstances.
PART 5--DISPUTED RETURNS
Clause 47 provides that results of the referendum can only be disputed
in the Court of Disputed Returns. (The Court of Disputed Returns is
established under the Electoral Act and is constituted by a single judge of
the Supreme Court.)
Clause 48 provides that only a member or the Commission may dispute
the results of the referendum.
Clause 49 details the requirements for a petition to be effective. It must
be filed within seven days of the return of the writ accompanied by a filing
fee ($400 or such other prescribed amount).
Clause 50 requires the staff of the Supreme Court to give a copy of the
petition to--
· the Clerk of the Parliament and
· the Commission unless the Commission lodged the petition.
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Clause 51 allows the petitioner to apply to the court for an order
requiring the Commission to give to the court documents relating to the
referendum that are held by the Commission.
Clause 52 provides that the parties to a petition are--
· the person who lodged it;
· any respondent under this clause.
The Clause states that the Commission is a respondent to any petition
and the court may, on being requested by another member, join another
member as respondent.
Clause 53 outlines the means by which the petition is to be dealt with
by the court. The aim of the Clause is to ensure that the petition is to be
dealt with as expeditiously as possible.
Clause 54 permits the Commission to apply to the court for an order
dismissing the petition on the ground of there having been excessive delay
by the petitioner.
Clause 55 outlines the power of the court. In particular, the court may
order that the referendum as conducted is invalid, or that the result
contained in the writ is invalid or is to be reversed, or may dismiss or
uphold the petition.
Clause 56 restricts the court in making orders merely because of a delay
by an official in complying with the voting procedures or because of any
absence or error or omission by an official that appears unlikely to have
effected the results of the referendum. Should the court find that an
elector was erroneously prevented from voting, the court must not take
into account any evidence of the way the voter might have voted.
Clause 57 prevents the court taking into account certain evidence or
making certain enquiries during proceedings. For example, the court must
assume that the electoral roll used was a certified copy in accordance with
the other requirements of the Bill.
Clause 58 provides that a referendum is not to be questioned because of
technical defects in the title of any person by whom the referendum is held
or any formal error or defect in any declaration or publication.
Clause 59 requires the court to provide a copy of the court's order to
the Clerk of the Parliament as soon as possible after it has been made.
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Clause 60 enables the court to order that reasonable costs be awarded to
the successful parties to the petition. The deposit lodged with the petition
must be applied towards payment of the costs if costs are awarded against
the person lodging the petition. If not, the deposit should be refunded.
Clause 61 declares that an order or other action by the court is final.
Clause 62 states that unless the court orders otherwise, the lodging of a
petition does not deprive the Commission of any right to have access to a
document for the purpose of performing its functions.
PART 6--ENFORCEMENT
Division 1--Offences in general
Clause 63 deems that a person who attempts to commit an offence
under this Part is taken to have committed the offence. (This corresponds
to the equivalent offence under section 149 of the Electoral Act 1992.)
Clause 64 provides for an offence of knowingly making a false or
misleading statement in a material particular. (This corresponds to the
equivalent offence under section 153 of the Electoral Act 1992.)
Clause 65 makes it an offence to knowingly give a document under or
for the purposes of this Bill containing information that is false,
misleading or incomplete in a material particular. (This corresponds to the
equivalent offence under section 154 of the Electoral Act 1992.)
Clause 66 provides an offence in relation to action affecting or
influencing a person's referendum conduct.
"Referendum conduct" is defined as meaning--
· the way in which the person votes at a referendum; or
· the person's approval or disapproval of the Bill or question
submitted to the electors.
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(This corresponds to the equivalent offence under section 155 of the
Electoral Act 1992.)
Clause 67 prohibits a person from knowingly providing money for any
payment that is contrary to law relating to referendums, or for replacing
any money that has been spent in any such payment. (This corresponds to
the equivalent offence under section 156 of the Electoral Act 1992.)
Clause 68 provides that a person must not influence a Commissioner in
the performance of the Commissioner's duties under this Bill. (This
corresponds to the equivalent offence under section 157 of the Electoral
Act 1992.)
Clause 69 prohibits a person hindering or interfering with the free
exercise or performance, by any other person, of any right or duty under
this Bill that relates to a referendum. (This corresponds to the equivalent
offence under section 158 of the Electoral Act 1992.)
Clause 70 makes it an offence to forge any electoral papers or utter any
forged electoral paper, knowing it to be forged. (This corresponds to the
equivalent offence under section 159 of the Electoral Act 1992.)
Clause 71 provides that a senior electoral officer or member of the staff
of the Commission must not wilfully neglect or wilfully fail to perform
any of the duties under this Bill. (This corresponds to the equivalent
offence under section 160 of the Electoral Act 1992.)
Division 2--Offences relating to electoral advertising etc.
Clause 72 requires the author and the author's address to appear on any
advertisement, hand bill, pamphlet or notice containing referendum
matter during the referendum period. The printer's name and business
address must also appear. Certain types of advertising medium (for
example, car stickers, T-shirts) are exempted from the operation of the
Clause. (This corresponds to the equivalent offence under section 161 of
the Electoral Act 1992.)
Clause 73 places a duty on the proprietor of a newspaper to cause the
word "advertisement" to appear as a header to an article or paragraph
containing referendum matter, when the article or paragraph is to be paid
for, or for which any reward or compensation is to be made. (This
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corresponds to the equivalent offence under section 162 of the Electoral
Act 1992.)
Clause 74 provides for an offence for misleading voters during the
referendum period in relation to--
· printing, publishing, distributing or broadcasting any matter or
thing that is intended or likely to mislead an elector in relation to
the manner of voting at the referendum;
· printing, publishing, distributing or broadcasting by television
any representation of a ballot paper for use at the referendum if
it is likely to induce an elector to vote other than in accordance
with this Bill.
(This corresponds to the equivalent offence under section 163 of the
Electoral Act 1992.)
Division 3--Offences relating to voting etc.
Clause 75 makes it an offence to fail to vote at a referendum without a
valid and sufficient excuse. Certain electors are exempted from the
operation of the Clause (for example, Antarctic voters). (This corresponds
to the equivalent offence under section 164 of the Electoral Act 1992.)
Clause 76 makes it an offence for an employer to refuse, except in
certain circumstances, an employee leave of absence for a reasonable
period of not more than two hours to enable the employee to vote at a
referendum. (This corresponds to the equivalent offence under section
165 of the Electoral Act 1992.)
Clause 77 prevents a person during the referendum period from--
· canvassing for votes;
· inducing an elector not to vote or to vote in a particular way; or
· loitering, or obstructing the free passage of electors
inside a polling booth or within six metres of any entrance to a building
with voting compartments. (This corresponds to the equivalent offence
under section 166 of the Electoral Act 1992.)
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Clause 78 makes it an offence to interrupt, obstruct or disturb voting at
a referendum. (This corresponds to the equivalent offence under section
167 of the Electoral Act 1992.)
Clause 79 prohibits a person, by violence or intimidation, influencing
the vote of any person at a referendum. (This corresponds to the
equivalent offence under section 168 of the Electoral Act 1992.)
Clause 80 prohibits a person, during the referendum period, from
displaying a referendum statement inside a room with voting
compartments or within six metres of the entrance to a building with
voting compartments. A "referendum statement" means a statement or
design that a reasonable person would associate with the approval or
disapproval of the Bill or question submitted to the electors. (This
corresponds to the equivalent offence under section 169 of the Electoral
Act 1992.)
Clause 81 prohibits a person from voting more than once at a
referendum, voting under an assumed name, or procuring another to vote
knowing the person is not entitled to vote. (This corresponds to the
equivalent offence under section 170 of the Electoral Act 1992.)
Clause 82 creates certain offences for mishandling ballot papers. (This
corresponds to the equivalent offence under section 171 of the Electoral
Act 1992.)
Clause 83 makes it an offence to fail to post voting papers on behalf of
another person. (This corresponds to the equivalent offence under section
172 of the Electoral Act 1992.)
Clause 84 provides for the secrecy of voting at referendums. (This
corresponds to the equivalent offence under section 173 of the Electoral
Act 1992.)
Clause 85 creates an offence for breaking the seal of a parcel sealed
under clause 38(2)(h). (This corresponds to the equivalent offence under
section 174 of the Electoral Act 1992.)
Clause 86 imposes certain duties on witnesses to the signing of
declaration voting papers. (This corresponds to the equivalent offence
under section 175 of the Electoral Act 1992.)
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Referendums
PART 7--REFERENDUMS HELD IN CONJUNCTION
WITH ELECTION UNDER ELECTORAL ACT 1992
Clause 87 provides that when the polling day for a referendum is the
same as for an election and the polling day for the election is extended
under section 82 of the Electoral Act, the polling day for the referendum is
taken to be likewise extended.
Clause 88 provides for an extension of the cut off day for the electoral
roll for a referendum to the same cut off day for the closure of the roll for
an election when an election is called after a referendum and it is intended
to hold the polls on the same day. In other words, the rolls are to close at
the same time.
Clause 89 allows the days for which pre-poll votes are available at
Commission offices to be co-ordinated to the same day when an election
and a referendum is to be held on the same day.
Clause 90 allows the same ballot boxes, polling booths and certified
copies of the electoral rolls to be used when an election and a referendum
are to be conducted on the same day.
Clause 91 permits the use of a place declared or arranged to be used as
mobile polling booth under the Electoral Act to be taken to be so declared
or arranged to be used as such for the purposes of the referendum when an
election and a referendum is to be held on the same day.
Clause 92 provides that, when a ballot box is used for a referendum and
an election conducted on the same day, the ballot box can only be opened
in accordance with either the Electoral Act or this Bill.
Clause 93 provides that, when an election and referendum is to be
conducted on the same day, any applications, declarations, and declaration
envelopes to be made or used for the purposes of voting under the
Electoral Act can also be taken to be made or used for the corresponding
purpose for the referendum. In such circumstances, a reference in an
application to the election is to be taken as including a reference to the
referendum.
Clause 94 provides that, when an election and a referendum are to be
conducted on the same day, the issuing officer need only make one mark
against the person's name on the electoral roll when issuing both ballot
papers.
20
Referendums
Clause 95 provides that, when a referendum and an election are
conducted on the one day and the the poll is adjourned at a particular
booth under section 95 of the Electoral Act until a later day, that later day
is also to be taken as the re-appointed day for the taking of the votes for
the referendum.
PART 8--MISCELLANEOUS
Clause 96 enables any document required or permitted to be given to
the Commission to be done by leaving it at, or sending it by post or
facsimile to the Commission's office.
Clause 97 states that, for the purposes of the Bill, a person signs
something by either signing their name or, if unable to do so, makes an
identifying mark before a witness.
Clause 98 provides that the Commission must advertise the locations
and opening hours of its office and offices of returning officers and other
members of staff where relevant for the purposes of this Bill.
Clause 99 enables the Governor in Council to make regulations for the
purposes of the Bill.
PART 9--REPEAL AND CONSEQUENTIAL
AMENDMENTS
Clause 100 provides that the Referendums Act 1989 is repealed.
Clause 101 provides that Schedule 2 amends the Acts listed in it in the
way set out in the Schedule.
21
Referendums
SCHEDULE 1
REFERENDUM FORMS
Form 1 sets out the form of the writ for a referendum on a Bill.
Form 2 sets out the form of the writ for a referendum on a question.
Form 3 sets out the form of the ballot paper for a referendum on a Bill.
Form 4 sets out the form of a ballot paper for a referendum on a
question.
Form 5 sets out the form of the ballot paper for a multiple referendum
consisting of multiple Bills and/or multiple questions.
SCHEDULE 2
MINOR AMENDMENTS
ELECTORAL ACT 1992
Clause 1 expands the definition of "cut off day for electoral rolls" in
section 3 so as to include a reference to a referendum (the relevant day
being the day described in the writ for the referendum).
Clause 2 amends the definition of "issuing officer" in section 3 so as to
include a reference to the function of issuing ballot papers or declaration
envelopes to electors at a referendum (as well as at an election).
Clause 3 inserts a definition of "referendum" into section 3. It cross
references to the definition contained in this Bill.
Clause 4 inserts a reference to a referendum into section 30(3)(b) and
(4) so as to ensure that any temporary staff employed in connection with
the conduct of a referendum (or an election) are not to be treated as
22
Referendums
appointed under the Public Sector Management and Employment Act
1988.
Clause 5 amends section 59(1)(b) to include a reference to the cut off
day for electoral rolls in relation to a referendum to oblige the
Commission to prepare all electoral rolls as soon as possible after the cut
off day for the rolls in relation to either an election or a referendum.
Clause 6 amends section 65(5) to include a reference to a referendum so
as to ensure that the Commission does not amend the rolls after the cut off
day and up to polling day for either a referendum or an election.
Clause 7 amends section 127 so that the Supreme Court is the Court of
Disputed Returns for both elections and referendums.
Clause 8 inserts into section 152(2) another purpose for which a copy
of the restricted version of the electoral roll may be used, being "any
purpose related to a referendum".
Clause 9 effects the renumbering of section 152(2) as a result of the
amendment in clause 8 above.
SCHEDULE 3
DICTIONARY
This Schedule sets out defined terms used throughout the Bill.
© The State of Queensland 1996