{"id":"a-1994-79","name":"Referendum (Machinery Provisions) Act 1994","slug":"referendum-machinery-provisions-act-1994","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"79 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24254,"registerId":"act-a-1994-79-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Referendum (Machinery Provisions) Act 1994","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nReferendum (Machinery Provisions)\nAct 1994\nA1994-79\nRepublication No 9\nEffective: 26 November 2025\nRepublication date: 26 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Referendum (Machinery Provisions) Act 1994 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nReferendum (Machinery Provisions)\nAct 1994\nContents\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n3A Terms used in Electoral Act 2\n4 Interpretation of applied provisions of Electoral Act 2\n5 Application 4\n6 Commission staff 4\n7 Timing of referendums 4\n8 Arguments for and against referendum options 5\n10 Arrangements for referendums 6\n11 Ballot papers 7\n12 Voting at a referendum 8\n\nContents\nPage\ncontents 2 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Polling in Antarctica 9\n14 Scrutiny 10\n15 Financial disclosure 11\n16 Disputed referendums 12\n17 Offences 13\n18 Enforcement 13\n19 Miscellaneous 14\n20 Approved forms 14\n21 Regulation-making power 14\nSchedule 1 Modifications of Electoral Act as applied in\nrelation to referendums 16\nPart 1.1 Modifications of part 10—voting 16\nPart 1.2 Modifications of part 12—the scrutiny 18\nPart 1.3 Modifications of part 14—election funding, expenditure\nand financial disclosure 19\nPart 1.4 Modifications of part 16—disputed elections, eligibility\nand vacancies 22\nPart 1.5 Modification of part 17—electoral offences 24\nPart 1.6 Modifications of part 19—miscellaneous 25\nDictionary 26\nEndnotes\n1 About the endnotes 28\n2 Abbreviation key 28\n3 Legislation history 29\n4 Amendment history 31\n5 Earlier republications 33\n\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nReferendum (Machinery Provisions)\nAct 1994\nAn Act relating to referendums\n\nSection 1\npage 2 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Referendum (Machinery Provisions) Act 1994.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n3A Terms used in Electoral Act\nA term used in the Electoral Act has the same meaning in this Act.\n4 Interpretation of applied provisions of Electoral Act\n(1) Unless the contrary intention appears, an expression used in the\nElectoral Act as applied by this Act has the same meaning as in that\nAct, so far as that meaning is applicable, with the necessary changes,\nin relation to a referendum.\n(2) In the application of the Electoral Act, unless the contrary intention\nappears—\n(a) a reference to a ballot paper (including the form of a ballot\npaper), a ballot box, or other thing shall be taken to be a\nreference to a ballot paper (including the form of a ballot paper),\nballot box or corresponding thing in relation to a referendum;\nand\n\nSection 4\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a reference to an election shall be taken to be a reference to a\nreferendum; and\n(c) a reference to an election period, or a pre-election period, shall\nbe taken to be a reference to a referendum period, or a\npre-referendum period, that corresponds with the relevant period\nspecified in relation to an election; and\n(d) a reference to electoral matter shall be taken to be a reference to\nmatter that is intended or is likely to affect voting in a\nreferendum, and includes any matter that contains an express or\nimplied reference to a referendum or to any of the matters on\nwhich electors are required to vote in a referendum; and\n(e) a reference to an electoral paper shall be taken to be a reference\nto any document, form or notice provided for, or required, under\nthe Electoral Act, as applied by this Act, for the purposes of a\nreferendum; and\n(f) a reference to a poll shall be taken to be a reference to the taking\nof the votes of electors for the purposes of a referendum; and\n(g) a reference to a polling day in relation to a referendum shall be\ntaken to be a reference to a referendum day; and\n(h) a reference to a polling place or a scrutiny centre in relation to a\nreferendum shall be taken to be a reference—\n(i) in the case of a concurrent referendum—to the polling\nplace or a scrutiny centre appointed for the election under\nthe Electoral Act, section 119; and\n(ii) in the case of a separate referendum—to a polling place or\na scrutiny centre appointed for the referendum under the\nElectoral Act, section 119 as applied by this Act; and\n(j) a reference to a pre-election period shall be taken to be a\nreference to a pre-referendum period that corresponds with the\nperiod specified in relation to an election; and\n\nSection 5\npage 4 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(k) a reference to a scrutineer shall be taken to be a reference to a\nscrutineer appointed for the purposes of a referendum; and\n(m) a reference to this Act shall be read as a reference to the Electoral\nAct as applied by this Act.\n5 Application\n(1) A referendum for the purposes of a referendum law shall be held in\naccordance with this Act.\n(2) This Act applies in relation to a referendum referred to in\nsubsection (1) except to the extent that a referendum law provides\notherwise.\n6 Commission staff\n(1) For the purposes of a referendum, the Electoral Act, sections 32 and\n33 apply, so far as the same are applicable, with the necessary\nchanges, in the same way as those provisions apply for the purposes\nof an election.\n(2) In particular, a person appointed to be an officer under the Electoral\nAct, section 33 for the purposes of that Act shall be taken to be so\nappointed for the purposes of that Act as applied by this Act.\n7 Timing of referendums\n(1) Subject to subsection (2), a poll for a referendum shall be held on the\npolling day for the next ordinary election ascertained in accordance\nwith the Electoral Act.\n(2) If a referendum law provides for a referendum day other than a\npolling day referred to in subsection (1), then, unless the referendum\nlaw provides otherwise, the poll for the referendum shall be held on\na Saturday fixed by the Executive, in writing, not being—\n(a) a day that occurs between the commencement of a pre-election\nperiod and the expiration of the period of 36 days after the\npolling day for the relevant election; or\n\nSection 8\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the day for—\n(i) an election of Senators; or\n(ii) a general election of members of the House of\nRepresentatives; or\n(iii) a referendum held under a law of the Commonwealth;\nunless the Minister arranges with the appropriate Minister of the\nCrown of the Commonwealth for the poll for the referendum to\nbe held on that day.\n(3) An instrument under subsection (2) is a notifiable instrument.\n8 Arguments for and against referendum options\n(1) Where, within 30 days of the passage of a referendum law, the\ncommissioner receives—\n(a) an authorised statement, consisting of not more than 2 000\nwords, of the arguments in favour of the matter to be submitted\nto referendum; or\n(b) an authorised statement, consisting of not more than 2 000\nwords, of the arguments against the matter to be submitted to\nreferendum;\nthe commissioner shall, not later than 14 days before the relevant\nreferendum day, cause each argument to be printed in a similar\ntypeface and typestyle in a pamphlet containing the relevant\narguments and to be posted, as nearly as practicable—\n(c) to each elector; or\n(d) to each household in the Territory.\n\nSection 10\npage 6 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In subsection (1):\nauthorised statement means—\n(a) in the case of a statement referred to in subsection (1) (a)—a\nstatement authorised by a majority of the members of the\nAssembly who voted in favour of the relevant referendum law;\nand\n(b) in the case of a statement referred to in subsection (1) (b)—a\nstatement authorised by a majority of the members of the\nAssembly who voted against the relevant referendum law.\n10 Arrangements for referendums\n(1) The purpose of this section is to ensure that, as far as practicable, the\narrangements that apply in relation to a referendum are the same as\nthe arrangements for an election.\n(2) For the purpose of this section, the Electoral Act, division 9.4 applies,\nso far as the same is applicable, with the necessary changes.\n(3) In particular, the Electoral Act, division 9.4 applies—\n(a) subject to a referendum law providing for the appointment of\nscrutineers for the purposes of a referendum; and\n(b) in the case of a separate referendum, subject to—\n(i) each MLA being entitled to appoint a scrutineer to\nrepresent the member during the voting for the referendum,\nor during the scrutiny for the referendum, or both; and\n(ii) the Electoral Act, sections 122 and 123 being construed,\nwith the necessary changes, for the purpose of giving effect\nto subparagraph (i); and\n\nSection 11\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) in the case of a concurrent referendum, subject to—\n(i) a person appointed as a scrutineer by a candidate for an\nelection being taken to be appointed also for the purposes\nof the referendum; and\n(ii) places appointed to be polling places or scrutiny centres for\nthe election being taken to be appointed also for the\npurposes of the referendum; and\n(iii) administrative arrangements made for the election, so far\nas the same are applicable, being taken to be made also for\nthe purposes of the referendum; and\n(iv) the same certified list of electors being used for the\npurposes of both the election and the referendum.\n11 Ballot papers\n(1) A referendum ballot paper—\n(a) shall set out the referendum options; and\n(b) shall be in accordance with the form (if any) ascertained in\naccordance with the relevant referendum law; and\n(c) shall be printed in accordance with the requirements (if any) of\nthe relevant referendum law; and\n(d) shall bear an official mark.\n(2) The commissioner may determine the colour of the paper on which\nreferendum ballot papers are to be printed.\n(3) If a referendum law does not make provision in relation to—\n(a) the form of the referendum ballot paper; or\n(b) the printing of the referendum ballot paper;\nthe form and printing of the referendum ballot paper shall be\nascertained in accordance with the regulations.\n\nSection 12\npage 8 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Where such regulations are in force, a reference in this Act to a\nreferendum ballot paper shall be read as a reference to a referendum\nballot paper in the form ascertained in accordance with the\nregulations except to the extent that such regulations are inconsistent\nwith a referendum law.\n(5) For this section, a referendum ballot paper may be in electronic form.\n12 Voting at a referendum\n(1) The purpose of this section is to ensure that, as far as practicable,\nvoting at a referendum is conducted in the same way as voting at an\nelection.\n(2) For the purpose of this section, the Electoral Act, part 10 applies, so\nfar as the same is applicable, with the necessary changes.\n(3) In particular—\n(a) the procedures for voting at a referendum shall be the same as\nthe procedures for voting at elections, so far as such procedures\nare applicable; and\n(b) an elector shall record his or her vote on a referendum ballot\npaper by marking the ballot paper in accordance with the\ndirections lawfully on it; and\n(c) an officer shall not issue a referendum ballot paper unless the\nparticulars required under section 11 are contained on the ballot\npaper; and\n(d) the Electoral Act, section 129 and division 10.7 only apply in\nrelation to a separate referendum; and\n(e) the Electoral Act, part 10 applies subject to the modifications set\nout in schedule 1, part 1.1.\n(4) For the purposes of a concurrent referendum—\n(a) the same ballot boxes may be used for the election and the\nreferendum; and\n\nSection 13\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) subject to paragraph (c), a referendum ballot paper shall be\nissued to a voter at the same time as he or she is issued with an\nelection ballot paper; and\n(c) a voter who, on surrendering a spoilt election ballot paper, is\nissued with another election ballot paper, need not be issued\nwith a another referendum ballot paper; and\n(d) a person who casts an ordinary vote for the election shall cast\nhis or her vote for the referendum in the same way at the same\ntime and place; and\n(e) a person who casts a declaration vote for the election shall cast\nhis or her vote for the referendum in the same way; and\n(f) the marked referendum ballot paper of a declaration voter shall\nbe placed in the same envelope as the election ballot paper; and\n(g) the referendum ballot paper of a declaration voter is to be\nadmitted to further scrutiny for the referendum if, and only if,\nthe election ballot paper is admitted to further scrutiny for the\nelection.\n13 Polling in Antarctica\n(1) The purpose of this section is to ensure that, as far as practicable,\npolling in Antarctica for the purposes of a referendum is conducted\nin the same way as the polling of electors in Antarctica for the\npurposes of an election.\n(2) For the purpose of this section, the Electoral Act, part 11 applies, so\nfar as the same is applicable, with the necessary changes.\n(3) In particular, the directions transmitted by the commissioner to a\nreturning officer for the preparation of referendum ballot papers shall\nensure, so far as practicable, that such ballot papers are the same as\nballot papers prepared in accordance with section 11.\n\nSection 14\npage 10 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Scrutiny\n(1) The purpose of this section is to ensure that, as far as practicable, the\nresult of polling at a referendum is ascertained by scrutiny in the same\nway as for an election.\n(2) For the purpose of this section, the Electoral Act, part 12 applies, so\nfar as the same is applicable, with the necessary changes.\n(3) In particular—\n(a) subject to a referendum law, the formality of a referendum ballot\npaper shall be determined in accordance with the Electoral Act,\nsection 180, so far as the same is applicable, with the necessary\nchanges; and\n(b) without limiting paragraph (a), a reference in the Electoral Act,\nsections 118A (6) (b), 180(2) (b) and (c) and (3) (a),\n182 (4) (c) (ii) and (5) (a) (i), 184 (1) (b) (i) and 184 (2) to a first\npreference, or a preference, in relation to a candidate or a\ncandidate square, as the case may be, shall be taken to be a\nreference to a vote in relation to a referendum option; and\n(c) a reference to a candidate in the Electoral Act, section 187 in\nrelation to a request for a recount of referendum ballot papers\nshall be taken to be a reference to a person having authority to\nmake such a request under a referendum law or the regulations\nexcept to the extent that such regulations are inconsistent with a\nreferendum law; and\n(d) the Electoral Act, part 12 applies subject to the modifications\nspecified in schedule 1, part 1.2.\n\nSection 15\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Unless a referendum law otherwise provides, the result of a\nreferendum shall be ascertained and notified in the following manner:\n(a) the commissioner shall arrange for all unrejected referendum\nballot papers to be counted to ascertain—\n(i) the number of votes in favour of each referendum option;\nand\n(ii) the number of votes opposed to each referendum option;\nand\n(iii) the total number of informal ballot papers;\n(b) as soon as practicable after the count is concluded, the\ncommissioner must prepare a notice setting out the numbers so\ncounted and declaring the result of the referendum.\n(5) A notice under subsection (4) (b) is a notifiable instrument.\n15 Financial disclosure\n(1) The purpose of this section is to ensure that, as far as practicable, the\nprovisions of the Electoral Act, part 14, as applied by this section,\napply in relation to a referendum in the same way as those provisions\napply in relation to an election.\n(2) For the purpose of this section, the Electoral Act, divisions 14.1, 14.4,\n14.5, 14.7 and 14.8 apply, so far as the same are applicable, with the\nnecessary changes.\n(3) In particular—\n(a) a reference in the Electoral Act, section 201 (1) to the disclosure\nperiod in relation to an election shall be taken to be a reference\nto the disclosure period, in relation to a referendum,\ncommencing 37 days before the expiration of polling day for the\nreferendum and ending on the expiration of 30 days after polling\nday for the referendum; and\n\nSection 16\npage 12 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a reference in the Electoral Act, section 198, to the capped\nexpenditure period for an election is to be taken to be a reference\nto the capped expenditure period, in relation to a referendum,\ncommencing 37 days before the expiration of polling day for the\nreferendum and ending on the expiration of 30 days after polling\nday for the referendum; and\n(c) a reference in the Electoral Act, part 14, as applied by this\nsection, to the amount of a gift shall, where the amount is to be\ndetermined in accordance with regulations made for the\npurposes of the Electoral Act, section 202 be taken to be a\nreference to the amount so determined; and\n(d) a reference in the Electoral Act, section 220, to a third-party\ncampaigner is to be taken to be a reference to a person; and\n(e) the Electoral Act, part 14 applies subject to the modifications set\nout in schedule 1, part 1.3.\n16 Disputed referendums\n(1) The purpose of this section is to ensure that, as far as practicable, the\nvalidity of a referendum may be disputed in the same way as the\nvalidity of an election may be disputed and not otherwise.\n(2) For the purpose of this section, the Electoral Act, part 16 applies, so\nfar as the same is applicable, with the necessary changes.\n(3) In particular—\n(a) without limiting the Electoral Act, section 256 as applied, the\nvalidity of a referendum is taken to be in dispute if the notice of\nthe voting at the referendum, prepared under section 14 (4) (b),\nis called into question; and\n(b) the Electoral Act, part 16 applies subject to the modifications set\nout in schedule 1, part 1.4.\n(4) A referendum is not invalidated merely because the commissioner\nmay not have strictly complied with section 8.\n\nSection 17\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Offences\n(1) The purpose of this section is to ensure that, as far as practicable, the\nprovisions of the Electoral Act creating offences in relation to an\nelection apply in the same way in relation to a referendum.\n(2) For the purpose of this section, the provisions referred to in\nsubsection (1) apply, so far as the same are applicable, with the\nnecessary changes.\n(3) In particular, the Electoral Act, part 17 applies—\n(a) as if a reference in the Electoral Act, section 304 to an\nassociation with a registered party or candidate were taken to be\na reference to an association with any of the referendum options;\nand\n(b) subject to the modification set out in schedule 1, part 1.5.\n18 Enforcement\n(1) The purpose of this section is to ensure that, as far as practicable,\nenforcement proceedings under the Electoral Act, part 18 in respect\nof a contravention of that Act in its application to elections apply, in\nthe same way in respect of a contravention of that Act, as applied by\nthis Act, in its application to referendums.\n(2) For the purpose of this section, the Electoral Act, part 18 applies, so\nfar as the same is applicable, with the necessary changes.\n(3) In particular, a reference in the Electoral Act, sections 321 (2)\nand 322 (2) to a candidate in relation to an election shall be taken to\nbe a reference to a person who, for the purposes of a referendum, is\nascertained in accordance with a referendum law or the regulations\nexcept to the extent that such regulations are inconsistent with a\nreferendum law.\n\nSection 19\npage 14 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Miscellaneous\n(1) The purpose of this section is to ensure that, as far as practicable, the\nprovisions of the Electoral Act, part 19 apply in relation to a\nreferendum in the same way as those provisions apply in relation to\nan election.\n(2) For the purpose of this section, the Electoral Act, part 19 applies, so\nfar as the same is applicable, with the necessary changes.\n(3) In particular, the Electoral Act, part 19 applies subject to the\nmodifications set out in schedule 1, part 1.6.\n20 Approved forms\n(1) The commissioner may, in writing, approve forms for this Act.\n(2) If the commissioner approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n21 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The regulations may make provision, not inconsistent with a\nreferendum law, in relation to matters relevant to a particular\nreferendum or to referendums generally, including the following\nmatters:\n(a) the printing of ballot papers;\n(b) the appointment of scrutineers;\n(c) scrutiny procedures, including the formality of ballot papers;\n(d) people entitled to dispute referendums.\n(3) The regulations may also prescribe offences for contraventions of the\nregulations and prescribe maximum penalties of not more than\n10 penalty units for offences against the regulations.\n\nSection 21\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The Executive must consult with the electoral commission and the\nrelevant Assembly committee before making a regulation under this\nAct.\n(5) Subject to any disallowance or amendment under the Legislation Act,\nchapter 7, a regulation under this Act commences—\n(a) if there is a motion to disallow the regulation and the motion is\nnegatived by the Legislative Assembly—on the day after the day\nthe motion is negatived; or\n(b) on the day after the 6th sitting day after the day it is presented to\nthe Legislative Assembly under that chapter; or\n(c) if the regulation provides for a later date or time of\ncommencement—on that date or at that time.\n(6) In this section:\nrelevant Assembly committee—has the same meaning as in the\nElectoral Act, dictionary.\n\nSchedule 1 Modifications of Electoral Act as applied in relation to referendums\nPart 1.1 Modifications of part 10—voting\nMod [1.1]\npage 16 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Modifications of Electoral Act\nas applied in relation to\nreferendums\n(see ss 12, 14, 15, 16, 17 and 19)\nPart 1.1 Modifications of part 10—voting\n[1.1] Section 130\nsubstitute\n130 Multiple votes prohibited\nAn elector shall not vote more than once at the same referendum.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n[1.2] Section 132\nomit\n[1.3] Section 134 (b)\nomit\nsection 132\nsubstitute\nthe directions on it\n\nModifications of Electoral Act as applied in relation to referendums Schedule 1\nModifications of part 10—voting Part 1.1\nMod [1.4]\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.4] Section 135 (4) (c) (i)\nomit\nsection 132\nsubstitute\nthe directions on it\n[1.5] Section 155\nomit\n\nSchedule 1 Modifications of Electoral Act as applied in relation to referendums\nPart 1.2 Modifications of part 12—the scrutiny\nMod [1.6]\npage 18 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1.2 Modifications of part 12—the\nscrutiny\n[1.6] Section 185\nomit\n[1.7] Section 189\nomit\n\nModifications of Electoral Act as applied in relation to referendums Schedule 1\nModifications of part 14—election funding, expenditure and financial\ndisclosure\nPart 1.3\nMod [1.8]\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1.3 Modifications of part 14—\nelection funding, expenditure\nand financial disclosure\n[1.8] Section 200\nomit\n[1.9] Section 201 (2)\nomit\n[1.10] Section 217\nomit\n[1.16] Section 222\nsubstitute\n222 Anonymous gifts\n(1) A person shall not accept a gift made for the purposes of a\nreferendum, being a gift the amount of which equals or exceeds $200,\nunless—\n(a) the defined details in relation to the gift are known to the person\naccepting the gift; or\n(b) the person making the gift informs the person accepting the gift\nof the defined details and, at the time when the gift is made, the\nperson accepting it has no grounds for believing that the\ninformation provided is not true.\n(2) Subsection (1) applies to gifts received at any time.\n(3) The reference in subsection (1) to a gift made by a person includes a\nreference to a gift made on behalf of the members of an\nunincorporated association.\n\nSchedule 1 Modifications of Electoral Act as applied in relation to referendums\nPart 1.3 Modifications of part 14—election funding, expenditure and financial\ndisclosure\nMod [1.17]\npage 20 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) For the purposes of this section, 2 or more gifts made by the same\nperson for the purposes of a referendum shall be deemed to be a single\ngift.\n(5) Where a person receives a gift in contravention of subsection (1), an\namount equal to the amount of the gift is payable by that person to\nthe Territory and may be recovered by the Territory as a debt due to\nthe Territory by that person.\n[1.17] Section 223, definition of participant\nsubstitute\nparticipant, in a referendum, means a person by whom, or with the\nauthority of whom, referendum expenditure in relation to a referendum is\nincurred.\n[1.18] Section 224 (1), (2) and (3)\nomit\n[1.19] Section 224 (4)\nsubstitute\n(4) Where referendum expenditure in relation to a referendum was\nincurred by or with the authority of a person, the person shall, before\nthe expiration of 60 days after polling day for the referendum, give\nthe commissioner a return, in writing, specifying details of the\nreferendum expenditure.\n[1.20] Section 225\nomit\n[1.21] Section 227\nomit\n\nModifications of Electoral Act as applied in relation to referendums Schedule 1\nModifications of part 14—election funding, expenditure and financial\ndisclosure\nPart 1.3\nMod [1.23]\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.23] Section 239 (2)\nomit\n[1.24] Section 239 (3)\nsubstitute\n(3) Where a person would, in the normal course of business or\nadministration, transfer to another person a record referred to in\nsubsection (1)—\n(a) the person shall be taken not to have contravened the subsection\nby so transferring the record; and\n(b) the person to whom the record is transferred shall retain the\nrecord for the period for which the person who transferred the\nrecord would have had to retain the record had the record not\nbeen transferred.\n[1.25] Section 241 (2)\nomit\n[1.26] Section 242 (3)\nsubstitute\n(3) A request may be made by the person who gave the return.\n\nSchedule 1 Modifications of Electoral Act as applied in relation to referendums\nPart 1.4 Modifications of part 16—disputed elections, eligibility and vacancies\nMod [1.27]\npage 22 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1.4 Modifications of part 16—\ndisputed elections, eligibility and\nvacancies\n[1.27] Section 265 (b) and (c)\nsubstitute\n(b) declare whether a particular vote was cast in favour of, or\nagainst, a particular referendum option; or\n(c) declare whether a referendum ballot paper is informal; or\n[1.28] Section 266 (1)\nomit\nor (b)\n[1.29] Section 266 (2)\nsubstitute\n(2) The court shall not make a declaration under section 265 (a) on the\nground of any illegal practice unless satisfied that—\n(a) the result of the referendum was, or was likely to have been,\naffected by the illegal practice; and\n(b) it is just to make the declaration.\n[1.30] Section 266 (3)\nomit\n(whether the court makes a declaration under section 265 (a) or (b)\non that ground or not)\n\nModifications of Electoral Act as applied in relation to referendums Schedule 1\nModifications of part 16—disputed elections, eligibility and vacancies Part 1.4\nMod [1.31]\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.31] Section 275\nsubstitute\n275 Effect of declarations\n(1) If the court declares a referendum void, another referendum must be\nheld on a Saturday chosen in writing by the Executive.\n(2) The Executive may only choose a Saturday that is at least 36 days,\nand not later than 90 days, after the day the choice is made.\n(3) An instrument under subsection (1) is a notifiable instrument.\n(4) If a declaration is made by the court under section 265 (b) or (c) that\nhas the effect of altering the result of a referendum, the commissioner\nmust prepare a written notice—\n(a) setting out the effect of the declaration of the court in relation\nto—\n(i) the number of votes in favour of each referendum option;\nand\n(ii) the number of votes opposed to each referendum option;\nand\n(iii) the total number of informal ballot papers; and\n(b) declaring the result of the referendum in accordance with the\ndeclaration of the court.\n(5) A notice is a notifiable instrument.\n(6) A declaration by the court mentioned in subsection (1) or (4) takes\neffect at the end of the day the declaration is made.\n\nSchedule 1 Modifications of Electoral Act as applied in relation to referendums\nPart 1.5 Modification of part 17—electoral offences\nMod [1.32]\npage 24 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1.5 Modification of part 17—electoral\noffences\n[1.32] Section 289 (1)\nsubstitute\n(1) A person shall not discriminate against another person on the ground\nof the making by the other person of a gift for the purposes of a\nreferendum.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nModifications of Electoral Act as applied in relation to referendums Schedule 1\nModifications of part 19—miscellaneous Part 1.6\nMod [1.33]\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1.6 Modifications of part 19—\nmiscellaneous\n[1.33] Section 335 (a)\nsubstitute\n(a) the expiration of the period within which a referendum can be\ndisputed; or\n[1.34] Section 341\nomit\n\nDictionary\npage 26 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACT\n• Commonwealth\n• electoral commissioner\n• the Territory.\ncommissioner means the Electoral Commissioner appointed under\nthe Electoral Act.\nconcurrent referendum means a referendum held on the same day as\nthe polling day for an election.\ndeclaration vote, in relation to a referendum, means a vote cast in\naccordance with the Electoral Act, division 10.3 as applied by this\nAct.\nelection has the same meaning as in the Electoral Act.\nelection ballot paper means a ballot paper for an election.\nElectoral Act means the Electoral Act 1992.\nenabling law means a law that provides for a matter, including a\nproposed law, to be submitted to a referendum.\nentrenching law means a law required to be submitted to a\nreferendum under the Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth), section 26 (2).\nprinting, for a referendum ballot paper, includes displaying an\nelectronic referendum ballot paper.\nreferendum means a referendum of electors.\nreferendum ballot paper means a ballot paper for a referendum, and\nincludes an electronic referendum ballot paper.\n\nDictionary\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nreferendum day means the day on which a poll for a referendum is\nrequired to be held.\nreferendum law means—\n(a) an enabling law; or\n(b) an entrenching law; or\n(c) a law required by an entrenching law to be submitted to a\nreferendum.\nreferendum option means an option put, or to be put, to voters at a\nreferendum.\nseparate referendum means a referendum held on a day other than\nthe polling day for an election.\n\nEndnotes\n1 About the endnotes\npage 28 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nReferendum (Machinery Provisions) Act 1994 A1994-79\nnotified 23 November 1994 (Gaz 1994 No S247)\ns 1, s 2 commenced 23 November 1994 (s 2 (1))\nremainder (ss 3-20) 16 December 1994 (s 2 (2) and Gaz 1994 No\nS295)\nas amended by\nElectoral (Amendment) Act 1996 A1996-56 s 35\nnotified 29 November 1996 (Gaz 1996 No S320)\ns 35 commenced 29 November 1996 (s 2)\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nElectoral Amendment Act 2000 (No 2) A2000-76 pt 3\nnotified 21 December 2000 (Gaz 2000 No S69)\ns 1, s 2 commenced 21 December 2000 (IA s 10B)\npt 3 (ss 25-29) commenced 11 April 2001 (s 2 and Gaz 2001 No 14)\nElectoral Amendment Act 2001 A2001-36 sch 3\nnotified 29 June 2001 (Gaz 2001 No S36)\nsch 3 commenced 29 June 2001 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 325\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 325 commenced 12 September 2001 (s 2 and see Gaz 2001 No\nS65)\nJustice and Community Safety Legislation Amendment Act 2001\nA2001-70 sch 1\nnotified LR 14 September 2001\ns 1, s 2 commenced 14 September 2001 (LA s 75)\namdts commenced 12 September 2001 (s 2 (3))\n\nEndnotes\n3 Legislation history\npage 30 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nElectoral Amendment Act 2004 A2004-26 s 42\nnotified LR 21 May 2004\ns 1, s 2 commenced 21 May 2004 (LA s 79 (1))\ns 42 commenced 22 May 2004 (s 2)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.84\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.84 commenced 12 April 2007 (s 2 (1))\nElectoral Legislation Amendment Act 2008 A2008-13 sch 3\nnotified LR 20 May 2008\ns 1, s 2 commenced 20 May 2008 (LA s 75 (1))\nsch 3 commenced 21 May 2008 (s 2)\nElectoral Amendment Act 2012 A2012-28 sch 1 pt 1.2\nnotified LR 18 May 2012\ns 1, s 2 commenced 18 May 2012 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 July 2012 (s 2)\nOfficers of the Assembly Legislation Amendment Act 2013 A2013-41\nsch 1 pt 1.8\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 July 2014 (s 2)\nElectoral Legislation Amendment Act 2020 A2020-28 sch 1\nnotified LR 8 July 2020\ns 1, s 2 commenced 8 July 2020 (LA s 75 (1))\nsch 1 commenced 9 July 2020 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.78, sch 4\npt 4.150\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.78, sch 4 pt 4.150 commenced 26 November 2025 (s 2 (3),\n(9))\n\nEndnotes\nAmendment history 4\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2007-3 amdt 3.439\nDictionary\ns 2 om A2001-44 amdt 1.3588\nins A2007-3 amdt 3.441\nNotes\ns 3 defs reloc to dict A2007-3 amdt 3.440\nsub A2007-3 amdt 3.441\nTerms used in Electoral Act\ns 3A ins A2007-3 amdt 3.441\nTiming of referendums\ns 7 am A2001-44 amdt 1.3589, amdt 1.3590; A2025-29\namdt 4.151\nClosure of rolls\ns 9 om A2020-28 amdt 1.1\nArrangements for referendums\ns 10 am A2025-29 amdt 3.256\nBallot papers\ns 11 am A2000-76 s 27; A2001-44 amdt 1.3591, amdt 1.3592;\nA2025-29 amdt 4.151\nVoting at a referendum\ns 12 am A2000-76 s 28; A2001-36 amdt 3.1, amdt 3.2; A2025-29\namdt 3.257, amdt 3.258\nScrutiny\ns 14 am A2000-76 s 29; A2001-44 amdt 1.3593, amdt 1.3594;\nA2025-29 amdt 3.259, amdt 4.151\nFinancial disclosure\ns 15 am A2012-28 amdt 1.2, amdt 1.3; pars renum R6 LA;\nA2025-29 amdts 3.260-3.262\nDisputed referendums\ns 16 am A2001-44 amdt 1.3595; A2025-29 amdt 3.263\nOffences\ns 17 am A2001-36 amdt 3.3; A2001-70 amdt 1.70, amdt 1.71;\nA2004-26 s 42\nEnforcement\ns 18 am A2025-29 amdt 3.264\n\nEndnotes\n4 Amendment history\npage 32 Referendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\nR9\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMiscellaneous\ns 19 am A2025-29 amdt 3.265\nApproved forms\ns 20 am A1998-54 sch\nsub A2001-44 amdt 1.3596\nam A2025-29 amdt 4.151\nRegulation-making power\ns 21 ins A2001-44 amdt 1.3596\nam A2013-41 amdt 1.40; A2025-29 amdt 4.151\nModifications of part 10—voting\nsch 1 pt 1.1 am A1998-54 sch\nModifications of part 14—election funding, expenditure and financial\ndisclosure\nsch 1 pt 1.3 hdg sub A2012-28 amdt 1.4\nsch 1 pt 1.3 am A1996-56 s 35; A2001-44 amdts 1.3597-1.3600; A2001-70\namdt 1.72, amdt 1.73; mods renum R3 LA; A2008-13\namdt 3.1, amdt 3.2; A2012-28 amdt 1.5, amdt 1.6; A2025-29\namdt 4.151\nModifications of part 16—disputed elections, eligibility and vacancies\nsch 1 pt 1.4 am A2001-44 amdt 1.3601; A2001-70 amdt 1.73; mods renum\nR3 LA; A2025-29 amdt 4.151\nModification of part 17—electoral offences\nsch 1 pt 1.5 am A1998-54 sch; mods renum R3 LA; A2012-28 amdt 1.7\nModifications of part 19—miscellaneous\nsch 1 pt 1.6 mods renum R3 LA\nDictionary\ndict ins A2007-3 amdt 3.442\ndef commissioner reloc from s 3 A2007-3 amdt 3.440\ndef concurrent referendum reloc from s 3 A2007-3\namdt 3.440\ndef declaration vote reloc from s 3 A2007-3 amdt 3.440\ndef election reloc from s 3 A2007-3 amdt 3.440\ndef election ballot paper reloc from s 3 A2007-3 amdt 3.440\ndef Electoral Act reloc from s 3 A2007-3 amdt 3.440\ndef enabling law reloc from s 3 A2007-3 amdt 3.440\ndef entrenching law reloc from s 3 A2007-3 amdt 3.440\ndef printing ins A2000-76 s 26\nreloc from s 3 A2007-3 amdt 3.440\ndef referendum reloc from s 3 A2007-3 amdt 3.440\ndef referendum ballot paper am A2000-76 s 26\nreloc from s 3 A2007-3 amdt 3.440\n\nEndnotes\nEarlier republications 5\nR9\n26/11/25\nReferendum (Machinery Provisions) Act 1994\nEffective: 26/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef referendum day reloc from s 3 A2007-3 amdt 3.440\ndef referendum law reloc from s 3 A2007-3 amdt 3.440\ndef referendum option reloc from s 3 A2007-3 amdt 3.440\ndef separate referendum reloc from s 3 A2007-3 amdt 3.440\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A2001-44 11 September 2001\n2 A2001-70 26 September 2001\n3 A2004-26 22 May 2004\n4 A2007-3 12 April 2007\n5 A2008-13 21 May 2008\n6 A2012-28 1 July 2012\n7 A2013-41 1 July 2014\n8 A2020-28 9 July 2020\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act’s core scope remains what it was at enactment: it is a machinery statute that adapts the Electoral Act to the conduct of referendums. Subsequent amendments (including 2012, 2020 and 2025 changes) have elaborated timing, disclosure thresholds (eg. anonymous-gift $200), administrative detail (returns, scrutineer rules), and enforcement tweaks, but they have not changed the Act’s principal purpose of making election machinery applicable to referendums. The evolution is one of detailed calibration rather than an expansion beyond the original machinery role (see s 4 and Schedule 1, and the amendment history in the endnotes)."},"complexity_factors":["Heavy reliance on cross-references to the Electoral Act (multiple sections: parts 10, 11, 12, 14, 16, 17, 18, 19 are applied)","Schedule 1 contains at least 34 numbered modifications ([1.1]–[1.34]) across 6 parts, altering many specific provisions","Frequent use of the phrase “so far as the same are applicable, with the necessary changes” creates interpretive ambiguity and conditional logic (appears in ss 6, 10, 12–19)","Separate treatment for concurrent vs separate referendums introduces branching rules (see ss 10, 12(4)–(4)(g))","Multiple defined terms in the dictionary (approximately 15 specific definitions relevant to operation)","Several timing windows to track (30 days for authorised arguments, 37 days/30 days disclosure and capped expenditure periods, 60 days for expenditure returns, 36–90 days for re-run scheduling)","Penalties and criminal sanctions interleaved with administrative rules (penalty units, imprisonment) increasing enforcement complexity","Delegated powers to make regulations and approved forms with mandatory consultation (ss 20–21) create layered secondary instruments","Amendment history with repeated updates (1996–2025) means practitioners must watch for recent textual changes and endnote modifications"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Converts the rules that govern ACT elections into the rules that govern ACT referendums, wherever those election rules can sensibly apply. In practice the Act says “take the Electoral Act and, with necessary changes, apply its parts to referendums” (see s 4 and repeated applications in ss 6, 10, 12–19).\n\n- Assigns responsibility to the Electoral Commissioner and Electoral Commission staff to run referendums on the same administrative model as elections (appointment of officers, scrutineers, polling places, forms and certified lists) subject to some differences for separate versus concurrent referendums (see ss 6, 10 and dictionary entries for concurrent/separate referendums).\n\n- Fixes when referendums are held: by default a referendum poll is on the polling day for the next ordinary election; if a referendum law specifies a different day, the Executive can set a Saturday (with some blackout dates), and that instrument is notifiable (see s 7).\n\n- Requires the Commissioner to print and post, before the referendum, up to two authorised statements (max 2,000 words each) — one in favour and one against — if submitted within 30 days of passage of the referendum law; these pamphlets must be posted to electors or households (s 8).\n\n- Sets rules for ballot papers and voting: referendum ballot papers must list the referendum options, bear an official mark, and follow the form or printing requirements in the referendum law or the regulations; electronic ballot papers are expressly allowed (s 11(1), (3)–(5)). Voting and issue of ballot papers follow election procedures as far as practicable (s 12).\n\n- Treats scrutiny and counting like elections: the Electoral Act’s scrutiny rules apply, with specified modifications, and the Commissioner must publish the counted totals and declare the result (s 14(2)–(4)).\n\n- Creates a financial-disclosure regime aligned to the Electoral Act but with referendum-specific timing and thresholds (disclosure and capped-expenditure periods run from 37 days before to 30 days after polling day) and modifies rules about gifts, returns and record-keeping (s 15 and Schedule 1, part 1.3).\n\n- Prescribes how disputes are handled: the Electoral Act’s dispute procedures apply (with modifications). The court can void a referendum and, if it does, the Executive must re‑hold the referendum on a Saturday between 36 and 90 days after the choice is made; the Commissioner must update the declared result where a court alters the count (s 16; Schedule 1, [1.31] replacing s 275).\n\n- Extends electoral offences and enforcement provisions to referendums (including criminal penalties for multiple voting, discriminatory conduct related to referendum gifts, and other electoral offences as adapted) and allows enforcement under the Electoral Act’s enforcement part (ss 17–18; Schedule 1 modifications in parts 1.1 and 1.5).\n\n- Delegates detail to regulation and delegated forms: the Executive may make regulations (after consultation with the commission and an Assembly committee) on printing, scrutineers, scrutiny procedures and who may dispute referendums; regulations may create minor offences (s 21).\n\n- Provides many targeted modifications to how specific election provisions operate for referendums; these are collected in Schedule 1 (parts 1.1–1.6) and include changes such as:\n  - expressly banning multiple votes at the same referendum and attaching penalties (Schedule 1 [1.1], replacing s 130);\n  - anonymous-gift rules and a $200 threshold for required donor detail (Schedule 1 [1.16]);\n  - requiring persons incurring referendum expenditure to file returns within 60 days of polling day (Schedule 1 [1.19]); and\n  - adjustments to what the court may declare in disputes (Schedule 1 [1.27]–[1.31]).\n\n**Who is affected**\n\n- Electoral Commissioner and Commission staff: run referendums, issue ballot papers, print and distribute authorised pamphlets, keep records and make notifiable instruments (ss 6, 8, 11, 14(4)).\n- Voters/electors: subject to voting procedures, ballot forms, and prohibitions such as multiple voting (s 12; Schedule 1 [1.1]).\n- Political actors and campaigners: individuals and groups who incur referendum expenditure, receive or make gifts (financial-disclosure and anonymous-gift rules in s 15; Schedule 1 [1.16], [1.19]); third-party campaigners are captured by these rules (s 15(3)(d)).\n- Members of the Legislative Assembly (MLAs): retain certain rights in separate referendums to appoint scrutineers (s 10(3)(b)).\n- Donors and organisations: must comply with disclosure and gift‑reporting rules; accepting anonymous gifts over the threshold is prohibited (Schedule 1 [1.16]).\n- Courts and the Executive: courts decide disputes and may void referendums (s 16); the Executive selects replacement polling days if required (Schedule 1 [1.31]).\n\n**Why it matters (official rationale and practical effects)**\n\nOfficially: the Act’s stated purpose is to make referendums operate as far as practicable like ACT elections so administration, scrutiny and enforcement are consistent, predictable and governed by established electoral rules (see s 10 and repeated “as far as practicable” phrasing across ss 10, 12–19).\n\nTesting that claim against practical effects and trade-offs:\n\n- Implementation and compliance costs: the Commission must apply election systems (printing, staffing, certified lists, distribution of pamphlets to all electors/households) — this is an administrative cost borne by the public service and, indirectly, taxpayers (see ss 8, 11, 14(4)).\n\n- Compliance burden on private actors: persons incurring referendum expenditure must file returns within a fixed 60‑day window (Schedule 1 [1.19]); anonymous donations over $200 cannot be accepted (Schedule 1 [1.16]). These rules increase transparency but also increase reporting/compliance costs for campaign groups and donors.\n\n- Legal and interpretive complexity: the Act’s repeated instruction to apply Electoral Act provisions “so far as applicable, with the necessary changes” (e.g. ss 4, 12, 14, 15, 16, 17, 18, 19) requires interpretive work to decide when election rules fit referendum contexts. That increases ambiguity and the risk of legal challenge.\n\n- Concentrated vs diffuse impacts: certain actors have concentrated, explicit benefits (for example MLAs’ right to appoint scrutineers for separate referendums — s 10(3)(b)); costs (administration and compliance) are mostly diffuse across the public and many campaign groups.\n\n- Enforcement and deterrence: the Act attaches criminal penalties (fines, imprisonment) to some conduct (multiple voting, discriminatory conduct related to gifts) — this strengthens deterrence but requires enforcement resources (Schedule 1 [1.1]; Schedule 1 [1.32]).\n\n- Bureaucratic discretion and delegated detail: the Commissioner and the Executive have discretion over forms, ballot paper colour, and regulations (ss 11(2), 20–21). The Act requires consultation before regulation‑making (s 21(4)), which reduces unilateral regulatory risk but does not eliminate administrative discretion.\n\n- Effects on political speech and private choice: financial-disclosure and gift-reporting rules affect fundraising and how campaigners communicate and pay for outreach; caps and disclosure periods shift campaign timing (s 15 and Schedule 1 part 1.3).\n\n**Key sections to check quickly**\n- Core mechanism applying Electoral Act to referendums: s 4\n- Timing and default polling day: s 7\n- Distribution of authorised arguments: s 8\n- Voting and ballot rules, including electronic ballots: ss 11–12\n- Scrutiny and result declaration: s 14(4)\n- Financial disclosure and timing: s 15 and Schedule 1 (part 1.3)\n- Disputed referendums and re-run timing: s 16 and Schedule 1 [1.31]\n- Regulation and forms: ss 20–21\n\n**Practical note**: the Act is a machinery statute: its principal effect is not to set referendum policy outcomes but to graft the Electoral Act’s machinery onto referendum events while making specific adaptations for referendum realities (see s 4 and the Schedule 1 modifications)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose as a 'machinery' statute for conducting referendums. While it has been amended 15 times since 1994 (most recently in 2025), these amendments have generally updated cross-references, modernised financial disclosure requirements, and aligned procedures with changes to the parent Electoral Act. There is no evidence of significant scope creep — the Act does not regulate the substantive content of referendums or expand into unrelated policy areas. It remains a procedural framework that applies when a separate 'referendum law' triggers its operation."},"complexity_factors":["Extensive cross-referencing: The Act is essentially a 'patch' applied to the Electoral Act 1992, with over 20 sections stating that provisions of the Electoral Act apply 'with the necessary changes' — requiring readers to flip between two Acts to understand the full law","Schedule of modifications: Contains 34 specific textual modifications (omissions, substitutions, insertions) to the Electoral Act, creating a fragmented reading experience where the reader must mentally reconstruct the modified text","Dual regime structure: Distinguishes between 'concurrent referendums' (held with elections) and 'separate referendums' (standalone), with different rules applying to each in sections 10, 12, and 14","Conditional application: Multiple provisions are subject to override by 'referendum law' (the specific law authorising the particular referendum), creating a hierarchy where this Act applies 'except to the extent that a referendum law provides otherwise' (see sections 5, 8, 10, 11, 14, 16, 21)","Defined terms: 14 specific definitions in the Dictionary, plus incorporation of all Electoral Act definitions via section 3A, creating a large definitional web","Interpretative gymnastics: Section 4 contains 11 specific rules for interpreting Electoral Act references when applied to referendums (e.g., converting 'candidate' to 'referendum option', 'election period' to 'referendum period')","Nested exceptions: Section 21(2) allows regulations to make provision for referendums, but 'not inconsistent with a referendum law' — creating a three-tier hierarchy (this Act → referendum law → regulations)"],"plain_english_summary":"The Referendum (Machinery Provisions) Act 1994 sets out the administrative rules for conducting referendums in the ACT, using adapted Electoral Act procedures for voting, counting, disclosure, offences and dispute processes. It governs timing, voter information pamphlets, and financial transparency without deciding referendum subjects.\n\nIt affects ACT voters, the Electoral Commissioner, MLAs who supply argument pamphlets, and campaigners/parties bound by spending and disclosure rules — preserving fair, consistent and transparent public votes."}},"importantCases":[],"_links":{"self":"/api/acts/referendum-machinery-provisions-act-1994","history":"/api/acts/referendum-machinery-provisions-act-1994/history","analysis":"/api/acts/referendum-machinery-provisions-act-1994/analysis","conflicts":"/api/acts/referendum-machinery-provisions-act-1994/conflicts","importantCases":"/api/acts/referendum-machinery-provisions-act-1994/important-cases","documents":"/api/acts/referendum-machinery-provisions-act-1994/documents"}}