{"id":"qld:act-1997-011","name":"Referendums Act 1997","slug":"referendums-act-1997","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"11 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104683,"registerId":"qld-act-1997-011-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Referendums Act 1997 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Dictionary","content":"### sec.2 Dictionary\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Function of the commission","content":"### sec.3 Function of the commission\n\nThe commission has the continuing function of making appropriate administrative arrangements for the conduct of referendums.\nSee the Electoral Act 1992 , section 7 (1) (j) .\ns 3 amd 2015 No. 35 s 7","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Writ for a referendum","content":"# Writ for a referendum","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Writ for a referendum","content":"### sec.4 Writ for a referendum\n\nThe commission must conduct a referendum if the Governor issues a writ for a referendum to the commission under section 5 .\nThe commission must conduct the referendum in accordance with the writ and this Act.\n(sec.4-ssec.1) The commission must conduct a referendum if the Governor issues a writ for a referendum to the commission under section 5 .\n(sec.4-ssec.2) The commission must conduct the referendum in accordance with the writ and this Act.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Writ by Governor","content":"### sec.5 Writ by Governor\n\nThe Governor may issue a writ for a referendum if—\na Bill is to be submitted to the electors; or\nthe Legislative Assembly has resolved that a question be submitted to the electors.\n- (a) a Bill is to be submitted to the electors; or\n- (b) the Legislative Assembly has resolved that a question be submitted to the electors.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Form and content of writs","content":"### sec.6 Form and content of writs\n\nA writ must be issued—\nfor a referendum to submit a Bill to the electors—in form 1; or\nfor a referendum to submit a question to the electors—in form 2.\nA writ must state the following—\nthe day of its issue;\nthe cut-off day for electoral rolls for the referendum, which must be not less than 5 days, or more than 7 days, after its issue;\nthe polling day for the referendum, which must be a Saturday not less than 26 days, or more than 70 days, after its issue;\nthe return day for the writ, which must be not more than 84 days after its issue.\nFor deciding the cut-off day, polling day or return day, that day and the day of issue of the writ are both to be included in any number of days specified in subsection (2) (b) to (d) .\nSubsection (3) applies despite the Acts Interpretation Act 1954 , section 38 .\nSubsection (2) (c) applies subject to another Act that has specific provision for the time for taking a poll for a particular referendum.\nSee, for example, the Constitution Act 1867 , section 53 and the Constitution Act Amendment Act 1934 , section 3 .\ns 6 amd 2015 No. 35 s 8\n(sec.6-ssec.1) A writ must be issued— for a referendum to submit a Bill to the electors—in form 1; or for a referendum to submit a question to the electors—in form 2.\n(sec.6-ssec.2) A writ must state the following— the day of its issue; the cut-off day for electoral rolls for the referendum, which must be not less than 5 days, or more than 7 days, after its issue; the polling day for the referendum, which must be a Saturday not less than 26 days, or more than 70 days, after its issue; the return day for the writ, which must be not more than 84 days after its issue.\n(sec.6-ssec.3) For deciding the cut-off day, polling day or return day, that day and the day of issue of the writ are both to be included in any number of days specified in subsection (2) (b) to (d) .\n(sec.6-ssec.4) Subsection (3) applies despite the Acts Interpretation Act 1954 , section 38 .\n(sec.6-ssec.5) Subsection (2) (c) applies subject to another Act that has specific provision for the time for taking a poll for a particular referendum. See, for example, the Constitution Act 1867 , section 53 and the Constitution Act Amendment Act 1934 , section 3 .\n- (a) for a referendum to submit a Bill to the electors—in form 1; or\n- (b) for a referendum to submit a question to the electors—in form 2.\n- (a) the day of its issue;\n- (b) the cut-off day for electoral rolls for the referendum, which must be not less than 5 days, or more than 7 days, after its issue;\n- (c) the polling day for the referendum, which must be a Saturday not less than 26 days, or more than 70 days, after its issue;\n- (d) the return day for the writ, which must be not more than 84 days after its issue.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Attachment to writ","content":"### sec.7 Attachment to writ\n\nThere must be attached to the writ—\nfor a referendum to submit a Bill to the electors—a copy of the Bill; or\nfor a referendum to submit a question to the electors—a statement of the question.\n- (a) for a referendum to submit a Bill to the electors—a copy of the Bill; or\n- (b) for a referendum to submit a question to the electors—a statement of the question.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Commission to publish writ and prepare for referendum","content":"### sec.8 Commission to publish writ and prepare for referendum\n\nOn receiving a writ, the commission must—\npublish a copy of the writ in the gazette; and\nadvertise the days stated in the writ in other ways the electoral commissioner considers appropriate; and\ngive a copy of the writ and the attached Bill or statement of the question to the returning officer of each electoral district; and\nmake available for inspection by anyone, without fee, a copy of the writ and the text of the attached Bill or question at offices of the commission and anywhere else the commission considers appropriate; and\nmake appropriate arrangements for the conduct of the referendum.\ns 8 amd 2015 No. 35 s 9\n- (a) publish a copy of the writ in the gazette; and\n- (b) advertise the days stated in the writ in other ways the electoral commissioner considers appropriate; and\n- (c) give a copy of the writ and the attached Bill or statement of the question to the returning officer of each electoral district; and\n- (d) make available for inspection by anyone, without fee, a copy of the writ and the text of the attached Bill or question at offices of the commission and anywhere else the commission considers appropriate; and\n- (e) make appropriate arrangements for the conduct of the referendum.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Governor’s powers for referendum","content":"### sec.9 Governor’s powers for referendum\n\nThe Governor may by gazette notice—\nsubstitute a later day for a day stated under section 6 (2) in the writ for a referendum, either generally or for a stated electoral district; or\nprovide for anything to be done to overcome any difficulty that might otherwise affect the referendum.\nIf a writ for a referendum has issued and a writ for an election subsequently issues, the dates mentioned in section 6 (2) may be extended to enable the polling day for the referendum and for the election to coincide.\nA gazette notice substituting a cut-off day for electoral rolls or return day for the writ may be published before, on or after the cut-off day or return day stated in the writ.\nA gazette notice substituting a polling day for a referendum—\nmust be published before the polling day stated in the writ; and\nmust not substitute a day for the polling day that is more than 21 days after the polling day stated in the writ.\n(sec.9-ssec.1) The Governor may by gazette notice— substitute a later day for a day stated under section 6 (2) in the writ for a referendum, either generally or for a stated electoral district; or provide for anything to be done to overcome any difficulty that might otherwise affect the referendum. If a writ for a referendum has issued and a writ for an election subsequently issues, the dates mentioned in section 6 (2) may be extended to enable the polling day for the referendum and for the election to coincide.\n(sec.9-ssec.2) A gazette notice substituting a cut-off day for electoral rolls or return day for the writ may be published before, on or after the cut-off day or return day stated in the writ.\n(sec.9-ssec.3) A gazette notice substituting a polling day for a referendum— must be published before the polling day stated in the writ; and must not substitute a day for the polling day that is more than 21 days after the polling day stated in the writ.\n- (a) substitute a later day for a day stated under section 6 (2) in the writ for a referendum, either generally or for a stated electoral district; or\n- (b) provide for anything to be done to overcome any difficulty that might otherwise affect the referendum. Example of subsection (1) (a) — If a writ for a referendum has issued and a writ for an election subsequently issues, the dates mentioned in section 6 (2) may be extended to enable the polling day for the referendum and for the election to coincide.\n- (a) must be published before the polling day stated in the writ; and\n- (b) must not substitute a day for the polling day that is more than 21 days after the polling day stated in the writ.","sortOrder":10},{"sectionNumber":"pt.3","sectionType":"part","heading":"Statements of arguments","content":"# Statements of arguments","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Purpose of part","content":"### sec.10 Purpose of part\n\nThis part provides mainly for the way arguments in favour of or against a Bill or question that is to be submitted to electors at a referendum (the Bill or question ) are authorised by members and distributed or published by the commission.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"When must an argument in favour of or against the Bill or question be published","content":"### sec.11 When must an argument in favour of or against the Bill or question be published\n\nAn argument in favour of or against the Bill must be distributed or published by the commission under section 12 if the argument is—\nnot more than 1,000 words; and\nauthorised under subsection (2) ; and\nforwarded to the commission by members within 4 weeks after the passage of the Bill.\nThe argument must be authorised by—\nfor an argument in favour of the Bill or an argument against the Bill, if all the members voting voted for the Bill—a majority of the members who wish to forward the argument to the commission; or\nfor an argument in favour of the Bill, if paragraph (a) does not apply—a majority of the members who voted for the Bill and wish to forward the argument to the commission; or\nfor an argument against the Bill, if paragraph (a) does not apply—a majority of the members who voted against the Bill and wish to forward the argument to the commission.\nAn argument in favour of or against the question must be distributed or published by the commission under section 12 if the Legislative Assembly resolves that the question be submitted to the electors and the argument is—\nnot more than 1,000 words; and\nauthorised under subsection (4) ; and\nforwarded to the commission by members within 4 weeks after the Assembly’s resolution.\nThe argument must be authorised by—\nfor an argument in favour of a ‘yes’ answer or a ‘no’ answer to the question, if all the members voting voted in favour of the ‘yes’ answer—a majority of the members who wish to forward the argument to the commission; or\nfor an argument in favour of a ‘yes’ answer to the question, if paragraph (a) does not apply—a majority of the members who voted in favour of the ‘yes’ answer and wish to forward the argument to the commission; or\nfor an argument in favour of a ‘no’ answer to the question, if paragraph (a) does not apply—a majority of the members who voted against the ‘yes’ answer and wish to forward the argument to the commission.\ns 11 amd 2015 No. 35 s 10\n(sec.11-ssec.1) An argument in favour of or against the Bill must be distributed or published by the commission under section 12 if the argument is— not more than 1,000 words; and authorised under subsection (2) ; and forwarded to the commission by members within 4 weeks after the passage of the Bill.\n(sec.11-ssec.2) The argument must be authorised by— for an argument in favour of the Bill or an argument against the Bill, if all the members voting voted for the Bill—a majority of the members who wish to forward the argument to the commission; or for an argument in favour of the Bill, if paragraph (a) does not apply—a majority of the members who voted for the Bill and wish to forward the argument to the commission; or for an argument against the Bill, if paragraph (a) does not apply—a majority of the members who voted against the Bill and wish to forward the argument to the commission.\n(sec.11-ssec.3) An argument in favour of or against the question must be distributed or published by the commission under section 12 if the Legislative Assembly resolves that the question be submitted to the electors and the argument is— not more than 1,000 words; and authorised under subsection (4) ; and forwarded to the commission by members within 4 weeks after the Assembly’s resolution.\n(sec.11-ssec.4) The argument must be authorised by— for an argument in favour of a ‘yes’ answer or a ‘no’ answer to the question, if all the members voting voted in favour of the ‘yes’ answer—a majority of the members who wish to forward the argument to the commission; or for an argument in favour of a ‘yes’ answer to the question, if paragraph (a) does not apply—a majority of the members who voted in favour of the ‘yes’ answer and wish to forward the argument to the commission; or for an argument in favour of a ‘no’ answer to the question, if paragraph (a) does not apply—a majority of the members who voted against the ‘yes’ answer and wish to forward the argument to the commission.\n- (a) not more than 1,000 words; and\n- (b) authorised under subsection (2) ; and\n- (c) forwarded to the commission by members within 4 weeks after the passage of the Bill.\n- (a) for an argument in favour of the Bill or an argument against the Bill, if all the members voting voted for the Bill—a majority of the members who wish to forward the argument to the commission; or\n- (b) for an argument in favour of the Bill, if paragraph (a) does not apply—a majority of the members who voted for the Bill and wish to forward the argument to the commission; or\n- (c) for an argument against the Bill, if paragraph (a) does not apply—a majority of the members who voted against the Bill and wish to forward the argument to the commission.\n- (a) not more than 1,000 words; and\n- (b) authorised under subsection (4) ; and\n- (c) forwarded to the commission by members within 4 weeks after the Assembly’s resolution.\n- (a) for an argument in favour of a ‘yes’ answer or a ‘no’ answer to the question, if all the members voting voted in favour of the ‘yes’ answer—a majority of the members who wish to forward the argument to the commission; or\n- (b) for an argument in favour of a ‘yes’ answer to the question, if paragraph (a) does not apply—a majority of the members who voted in favour of the ‘yes’ answer and wish to forward the argument to the commission; or\n- (c) for an argument in favour of a ‘no’ answer to the question, if paragraph (a) does not apply—a majority of the members who voted against the ‘yes’ answer and wish to forward the argument to the commission.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"How an argument for or against the Bill or question is distributed or published","content":"### sec.12 How an argument for or against the Bill or question is distributed or published\n\nIf—\nan argument is forwarded to the commission under section 11 ; and\na majority of the members who authorised the argument ask the commission to post the argument to each elector;\nthe commission must, not later than 14 days before the polling day for the referendum, print and post to each elector a pamphlet containing the argument and, if another argument was forwarded to the commission under section 11 , the other argument.\nAlso, the commission must publish any argument forwarded to it under section 11 —\nat least twice before the polling day for the referendum in a newspaper circulating throughout the State, including on the day before the polling day; and\non the commission’s website.\nIf more than 1 argument is required to be published under subsection (2) , the arguments must be published at the same time.\nIf more than 1 argument is published in the same pamphlet or newspaper, the format and printing style used must not unfairly favour 1 argument.\ns 12 amd 2015 No. 35 s 11\n(sec.12-ssec.1) If— an argument is forwarded to the commission under section 11 ; and a majority of the members who authorised the argument ask the commission to post the argument to each elector; the commission must, not later than 14 days before the polling day for the referendum, print and post to each elector a pamphlet containing the argument and, if another argument was forwarded to the commission under section 11 , the other argument.\n(sec.12-ssec.2) Also, the commission must publish any argument forwarded to it under section 11 — at least twice before the polling day for the referendum in a newspaper circulating throughout the State, including on the day before the polling day; and on the commission’s website.\n(sec.12-ssec.3) If more than 1 argument is required to be published under subsection (2) , the arguments must be published at the same time.\n(sec.12-ssec.4) If more than 1 argument is published in the same pamphlet or newspaper, the format and printing style used must not unfairly favour 1 argument.\n- (a) an argument is forwarded to the commission under section 11 ; and\n- (b) a majority of the members who authorised the argument ask the commission to post the argument to each elector;\n- (a) at least twice before the polling day for the referendum in a newspaper circulating throughout the State, including on the day before the polling day; and\n- (b) on the commission’s website.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"More than 1 referendum on the same day","content":"### sec.13 More than 1 referendum on the same day\n\nThis section applies if more than 1 referendum is to be held on the same day.\nAll arguments required to be published under section 12 (1) or (2) in a pamphlet or newspaper must be published in the same pamphlet or newspaper at the same time.\nAn argument in favour of a particular Bill or question may be more than 1,000 words if the average number of words for all arguments in favour of the Bills and questions is not more than 1,000.\nAn argument against a particular Bill or question may be more than 1,000 words if the average number of words for all arguments against the Bills and questions is not more than 1,000.\nSubsections (3) and (4) have effect despite section 11 (1) (a) or section 11 (2) (a) .\ns 13 amd 2015 No. 35 s 12\n(sec.13-ssec.1) This section applies if more than 1 referendum is to be held on the same day.\n(sec.13-ssec.2) All arguments required to be published under section 12 (1) or (2) in a pamphlet or newspaper must be published in the same pamphlet or newspaper at the same time.\n(sec.13-ssec.3) An argument in favour of a particular Bill or question may be more than 1,000 words if the average number of words for all arguments in favour of the Bills and questions is not more than 1,000.\n(sec.13-ssec.4) An argument against a particular Bill or question may be more than 1,000 words if the average number of words for all arguments against the Bills and questions is not more than 1,000.\n(sec.13-ssec.5) Subsections (3) and (4) have effect despite section 11 (1) (a) or section 11 (2) (a) .","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Limitation on expenditure by State","content":"### sec.14 Limitation on expenditure by State\n\nThe State must not spend money on the presentation of arguments about Bills or questions that are to be submitted to electors at a referendum other than—\nto prepare and publish a newspaper notice under section 12 (2) ; and\nto prepare, print and distribute pamphlets under section 12 (1) , or prepare, print and distribute the pamphlets in languages other than English; and\nto enable the commission to provide other publications or information about the Bill or question; and\nto provide for the salaries and allowances of members and their staff and of officers of the public service.\n- (a) to prepare and publish a newspaper notice under section 12 (2) ; and\n- (b) to prepare, print and distribute pamphlets under section 12 (1) , or prepare, print and distribute the pamphlets in languages other than English; and\n- (c) to enable the commission to provide other publications or information about the Bill or question; and\n- (d) to provide for the salaries and allowances of members and their staff and of officers of the public service.","sortOrder":16},{"sectionNumber":"pt.4","sectionType":"part","heading":"Voting and conduct of referendums","content":"# Voting and conduct of referendums","sortOrder":17},{"sectionNumber":"pt.4-div.1AA","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":18},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Particular references relating to an electoral district","content":"### sec.14A Particular references relating to an electoral district\n\nFor this part—\na reference to an electoral district in relation to an elector is a reference to the electoral district for which the elector is enrolled; and\na reference to a polling booth established for an electoral district, or otherwise in relation to an electoral district, is a reference to a polling booth at which an ordinary vote for the electoral district may be made; and\na reference to a returning officer in relation to an elector is a reference to the returning officer for the electoral district for which the elector is enrolled.\ns 14A ins 2019 No. 31 s 75\n- (a) a reference to an electoral district in relation to an elector is a reference to the electoral district for which the elector is enrolled; and\n- (b) a reference to a polling booth established for an electoral district, or otherwise in relation to an electoral district, is a reference to a polling booth at which an ordinary vote for the electoral district may be made; and\n- (c) a reference to a returning officer in relation to an elector is a reference to the returning officer for the electoral district for which the elector is enrolled.","sortOrder":19},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Arrangements for referendums","content":"## Arrangements for referendums","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Setting up and operating polling booths","content":"### sec.15 Setting up and operating polling booths\n\nThe commission must ensure that appropriate polling booths are established for electoral districts for referendums.\nIn deciding the number, kind and location of polling booths, the commission must take into account, in addition to any other relevant matters, the desirability of the booths being—\nthe same as polling booths for the Electoral Act 1992 ; and\naccessible to electors with disabilities.\nThe commission must ensure that each polling booth is provided with an adequate number of voting compartments and ballot papers.\nThe commission must advertise, in the ways the commission considers appropriate, including, for example, on the commission’s website, the following information about each polling booth for a referendum—\nthe electoral districts for which an ordinary vote may be made at the polling booth;\nthe location of the polling booth;\nthe voting hours of the polling booth.\nThe commission must not—\nestablish a polling booth on the polling day for a referendum; or\nabolish a previously established ordinary polling booth during the period starting when the writ for a referendum is issued and ending on the polling day, unless it is necessary to do so for circumstances beyond the commission’s control.\nThe commission must advertise the establishment and abolition of ordinary polling booths in the ways the commission considers appropriate, including, for example, on the commission’s website.\nThe commission must ensure that—\nelectors are allowed to enter ordinary polling booths between 8a.m. and 6p.m. on the polling day and to stay until they have voted; and\nelectors mentioned in section 16 (4) and (6) are allowed to enter mobile polling booths, at times decided in writing by the commission, during the period referred to in the subsections and to stay until they have voted.\ns 15 amd 2019 No. 31 s 76\n(sec.15-ssec.1) The commission must ensure that appropriate polling booths are established for electoral districts for referendums.\n(sec.15-ssec.2) In deciding the number, kind and location of polling booths, the commission must take into account, in addition to any other relevant matters, the desirability of the booths being— the same as polling booths for the Electoral Act 1992 ; and accessible to electors with disabilities.\n(sec.15-ssec.3) The commission must ensure that each polling booth is provided with an adequate number of voting compartments and ballot papers.\n(sec.15-ssec.4) The commission must advertise, in the ways the commission considers appropriate, including, for example, on the commission’s website, the following information about each polling booth for a referendum— the electoral districts for which an ordinary vote may be made at the polling booth; the location of the polling booth; the voting hours of the polling booth.\n(sec.15-ssec.5) The commission must not— establish a polling booth on the polling day for a referendum; or abolish a previously established ordinary polling booth during the period starting when the writ for a referendum is issued and ending on the polling day, unless it is necessary to do so for circumstances beyond the commission’s control.\n(sec.15-ssec.6) The commission must advertise the establishment and abolition of ordinary polling booths in the ways the commission considers appropriate, including, for example, on the commission’s website.\n(sec.15-ssec.7) The commission must ensure that— electors are allowed to enter ordinary polling booths between 8a.m. and 6p.m. on the polling day and to stay until they have voted; and electors mentioned in section 16 (4) and (6) are allowed to enter mobile polling booths, at times decided in writing by the commission, during the period referred to in the subsections and to stay until they have voted.\n- (a) the same as polling booths for the Electoral Act 1992 ; and\n- (b) accessible to electors with disabilities.\n- (a) the electoral districts for which an ordinary vote may be made at the polling booth;\n- (b) the location of the polling booth;\n- (c) the voting hours of the polling booth.\n- (a) establish a polling booth on the polling day for a referendum; or\n- (b) abolish a previously established ordinary polling booth during the period starting when the writ for a referendum is issued and ending on the polling day, unless it is necessary to do so for circumstances beyond the commission’s control.\n- (a) electors are allowed to enter ordinary polling booths between 8a.m. and 6p.m. on the polling day and to stay until they have voted; and\n- (b) electors mentioned in section 16 (4) and (6) are allowed to enter mobile polling booths, at times decided in writing by the commission, during the period referred to in the subsections and to stay until they have voted.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Kinds of polling booths","content":"### sec.16 Kinds of polling booths\n\nThere are 3 kinds of polling booths—\nordinary polling booths; and\nmobile polling booths; and\npre-poll voting offices.\nAn ordinary polling booth is a building or other structure, or a part of a building or other structure, that the commission arranges to be available on the polling day for a referendum to enable electors in general to vote.\nA mobile polling booth is—\nan institution declared under subsection (4) to be a mobile polling booth; or\na building, structure, vehicle or other place declared under subsection (6) to be a mobile polling booth.\nIf the commission considers that patients or residents of an institution should be able to vote at the institution, the commission may declare the institution to be a mobile polling booth for the referendum.\nIf the commission declares the institution to be a mobile polling booth, the person in charge of the institution must allow access by members of the commission’s staff, and by patients, residents or inmates of the institution, to enable voting to take place at the referendum.\nIf the commission considers an area is too remote to have enough electors to establish an ordinary polling booth, the commission may—\narrange for a building, structure, vehicle or other place to be available as a mobile polling booth for electors in the area to vote at the referendum; and\ndeclare the building, structure, vehicle or other place to be a mobile polling booth for the referendum.\nThe commission, a returning officer or an issuing officer may change the arrangements made under subsection (6) at any time.\nIf the arrangements are changed, the commission, returning officer or issuing officer must take the steps that are practical and appropriate to give public notice of the changed arrangements.\nThe result of the referendum is not invalidated only because an issuing officer failed to visit a mobile polling booth as arranged.\nA declaration made under subsection (4) or (6) must state—\nthe electoral districts for which electors may make an ordinary vote at the mobile polling booth; and\nthe days, during the period that starts 11 days before polling day and ends at 6p.m. on polling day, on which electors may vote at the mobile polling booth; and\nthe voting hours for the mobile polling booth on those days.\nThe commission must publish a declaration made under subsection (4) or (6) , and otherwise advertise the information about the mobile polling booths stated in the declaration, in the ways the commission considers appropriate, including, for example, on the commission’s website.\ns 16 amd 2002 No. 8 s 64 ; 2015 No. 35 s 13 ; 2019 No. 31 s 77\n(sec.16-ssec.1) There are 3 kinds of polling booths— ordinary polling booths; and mobile polling booths; and pre-poll voting offices.\n(sec.16-ssec.2) An ordinary polling booth is a building or other structure, or a part of a building or other structure, that the commission arranges to be available on the polling day for a referendum to enable electors in general to vote.\n(sec.16-ssec.3) A mobile polling booth is— an institution declared under subsection (4) to be a mobile polling booth; or a building, structure, vehicle or other place declared under subsection (6) to be a mobile polling booth.\n(sec.16-ssec.4) If the commission considers that patients or residents of an institution should be able to vote at the institution, the commission may declare the institution to be a mobile polling booth for the referendum.\n(sec.16-ssec.5) If the commission declares the institution to be a mobile polling booth, the person in charge of the institution must allow access by members of the commission’s staff, and by patients, residents or inmates of the institution, to enable voting to take place at the referendum.\n(sec.16-ssec.6) If the commission considers an area is too remote to have enough electors to establish an ordinary polling booth, the commission may— arrange for a building, structure, vehicle or other place to be available as a mobile polling booth for electors in the area to vote at the referendum; and declare the building, structure, vehicle or other place to be a mobile polling booth for the referendum.\n(sec.16-ssec.7) The commission, a returning officer or an issuing officer may change the arrangements made under subsection (6) at any time.\n(sec.16-ssec.8) If the arrangements are changed, the commission, returning officer or issuing officer must take the steps that are practical and appropriate to give public notice of the changed arrangements.\n(sec.16-ssec.9) The result of the referendum is not invalidated only because an issuing officer failed to visit a mobile polling booth as arranged.\n(sec.16-ssec.10) A declaration made under subsection (4) or (6) must state— the electoral districts for which electors may make an ordinary vote at the mobile polling booth; and the days, during the period that starts 11 days before polling day and ends at 6p.m. on polling day, on which electors may vote at the mobile polling booth; and the voting hours for the mobile polling booth on those days.\n(sec.16-ssec.11) The commission must publish a declaration made under subsection (4) or (6) , and otherwise advertise the information about the mobile polling booths stated in the declaration, in the ways the commission considers appropriate, including, for example, on the commission’s website.\n- (a) ordinary polling booths; and\n- (b) mobile polling booths; and\n- (c) pre-poll voting offices.\n- (a) an institution declared under subsection (4) to be a mobile polling booth; or\n- (b) a building, structure, vehicle or other place declared under subsection (6) to be a mobile polling booth.\n- (a) arrange for a building, structure, vehicle or other place to be available as a mobile polling booth for electors in the area to vote at the referendum; and\n- (b) declare the building, structure, vehicle or other place to be a mobile polling booth for the referendum.\n- (a) the electoral districts for which electors may make an ordinary vote at the mobile polling booth; and\n- (b) the days, during the period that starts 11 days before polling day and ends at 6p.m. on polling day, on which electors may vote at the mobile polling booth; and\n- (c) the voting hours for the mobile polling booth on those days.","sortOrder":22},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Pre-poll voting offices","content":"### sec.16A Pre-poll voting offices\n\nThe commission may declare for a referendum—\na stated place (a pre-poll voting office ) to be a place where an elector may—\nmake a pre-poll ordinary vote for the referendum; or\nmake a declaration vote for the referendum; and\nthe electoral districts for which a pre-poll ordinary vote may be made at the place; and\nthe times during which electors are allowed to make a vote at the place.\nThe commission must publish a declaration under subsection (1) , and otherwise advertise the information about the pre-poll voting offices stated in the declaration, in the ways the commission considers appropriate, including, for example, on the commission’s website.\ns 16A ins 2019 No. 31 s 78\n(sec.16A-ssec.1) The commission may declare for a referendum— a stated place (a pre-poll voting office ) to be a place where an elector may— make a pre-poll ordinary vote for the referendum; or make a declaration vote for the referendum; and the electoral districts for which a pre-poll ordinary vote may be made at the place; and the times during which electors are allowed to make a vote at the place.\n(sec.16A-ssec.2) The commission must publish a declaration under subsection (1) , and otherwise advertise the information about the pre-poll voting offices stated in the declaration, in the ways the commission considers appropriate, including, for example, on the commission’s website.\n- (a) a stated place (a pre-poll voting office ) to be a place where an elector may— (i) make a pre-poll ordinary vote for the referendum; or (ii) make a declaration vote for the referendum; and\n- (i) make a pre-poll ordinary vote for the referendum; or\n- (ii) make a declaration vote for the referendum; and\n- (b) the electoral districts for which a pre-poll ordinary vote may be made at the place; and\n- (c) the times during which electors are allowed to make a vote at the place.\n- (i) make a pre-poll ordinary vote for the referendum; or\n- (ii) make a declaration vote for the referendum; and","sortOrder":23},{"sectionNumber":"sec.16B","sectionType":"section","heading":"Suspension of poll","content":"### sec.16B Suspension of poll\n\nA returning officer may suspend the poll at a polling booth on polling day for not more than 4 hours if the returning officer is satisfied the taking of the poll is, or is likely to be, temporarily interrupted or obstructed by—\na serious threat of a riot or open violence happening; or\na serious risk to the health or safety of persons at the polling booth; or\nanother emergency.\nThe returning officer must ensure an elector who attends the polling booth while the poll is suspended is given information to assist the elector to vote at the referendum, including—\nthe time the poll is expected to resume at the polling booth; and\nthe location of other polling booths.\nThe returning officer must adjourn the conduct of the poll at the polling booth if—\nfor any reason, taking of the poll at the polling booth can not resume on polling day; or\nthe returning officer is satisfied that it is unreasonable for an elector who would have otherwise cast a vote at the polling booth while it was suspended to have cast a vote at another polling booth.\ns 16B ins 2019 No. 31 s 78\n(sec.16B-ssec.1) A returning officer may suspend the poll at a polling booth on polling day for not more than 4 hours if the returning officer is satisfied the taking of the poll is, or is likely to be, temporarily interrupted or obstructed by— a serious threat of a riot or open violence happening; or a serious risk to the health or safety of persons at the polling booth; or another emergency.\n(sec.16B-ssec.2) The returning officer must ensure an elector who attends the polling booth while the poll is suspended is given information to assist the elector to vote at the referendum, including— the time the poll is expected to resume at the polling booth; and the location of other polling booths.\n(sec.16B-ssec.3) The returning officer must adjourn the conduct of the poll at the polling booth if— for any reason, taking of the poll at the polling booth can not resume on polling day; or the returning officer is satisfied that it is unreasonable for an elector who would have otherwise cast a vote at the polling booth while it was suspended to have cast a vote at another polling booth.\n- (a) a serious threat of a riot or open violence happening; or\n- (b) a serious risk to the health or safety of persons at the polling booth; or\n- (c) another emergency.\n- (a) the time the poll is expected to resume at the polling booth; and\n- (b) the location of other polling booths.\n- (a) for any reason, taking of the poll at the polling booth can not resume on polling day; or\n- (b) the returning officer is satisfied that it is unreasonable for an elector who would have otherwise cast a vote at the polling booth while it was suspended to have cast a vote at another polling booth.","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Adjournment of poll at polling booth","content":"### sec.17 Adjournment of poll at polling booth\n\nA returning officer may adjourn the poll at a polling booth to another day if the returning officer is satisfied the taking of the poll at the polling booth is, or is likely to be, interrupted or obstructed by a thing stated in subsection (2) to the extent that the taking of the poll can not start or continue at the polling booth.\nFor subsection (1) , the things are as follows—\na storm, flood, fire or similar happening;\na riot or open violence;\na serious threat of a riot or open violence happening;\na serious risk to the health or safety of persons at the polling booth;\nanother emergency.\nIf the poll is adjourned under subsection (1) or section 16B (3) , the commission must fix a day (not later than 34 days after the polling day) for taking, or resuming, the adjourned poll.\nThe commission must give notice of the day fixed for taking, or resuming, the adjourned poll on the commission’s website and in other ways the commission considers appropriate.\nIf an adjourned poll is held, only 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.\nIf a poll is adjourned under subsection (1) and the commission is satisfied that the number of votes likely to be cast at the polling booth will not affect the overall referendum result, the commission may abandon the poll at the polling booth.\nThe adjourned poll is taken to have been held on the polling day.\ns 17 amd 2019 No. 31 s 79\n(sec.17-ssec.1) A returning officer may adjourn the poll at a polling booth to another day if the returning officer is satisfied the taking of the poll at the polling booth is, or is likely to be, interrupted or obstructed by a thing stated in subsection (2) to the extent that the taking of the poll can not start or continue at the polling booth.\n(sec.17-ssec.2) For subsection (1) , the things are as follows— a storm, flood, fire or similar happening; a riot or open violence; a serious threat of a riot or open violence happening; a serious risk to the health or safety of persons at the polling booth; another emergency.\n(sec.17-ssec.3) If the poll is adjourned under subsection (1) or section 16B (3) , the commission must fix a day (not later than 34 days after the polling day) for taking, or resuming, the adjourned poll.\n(sec.17-ssec.4) The commission must give notice of the day fixed for taking, or resuming, the adjourned poll on the commission’s website and in other ways the commission considers appropriate.\n(sec.17-ssec.5) If an adjourned poll is held, only 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.\n(sec.17-ssec.6) If a poll is adjourned under subsection (1) and the commission is satisfied that the number of votes likely to be cast at the polling booth will not affect the overall referendum result, the commission may abandon the poll at the polling booth.\n(sec.17-ssec.7) The adjourned poll is taken to have been held on the polling day.\n- (a) a storm, flood, fire or similar happening;\n- (b) a riot or open violence;\n- (c) a serious threat of a riot or open violence happening;\n- (d) a serious risk to the health or safety of persons at the polling booth;\n- (e) another emergency.","sortOrder":25},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Supply of electoral rolls and ballot papers","content":"### sec.17A Supply of electoral rolls and ballot papers\n\nThe commission must ensure that a sufficient number of the following are available for the referendum at each polling place—\ncertified copies of the electoral roll for each electoral district as at 6p.m. on the cut-off day for electoral rolls;\nballot papers.\nWithout limiting subsection (1) (a) , a certified copy of the electoral roll for an electoral district is available at a polling place if—\na certified copy of the electoral roll can be accessed electronically from the polling place; and\nan issuing officer at the polling place can use the certified copy to make an electronic record of the persons to whom a ballot paper is issued.\nWithout limiting subsection (1) (b) , a ballot paper is available at a polling place if a ballot paper can be reproduced at the place under section 18A .\ns 17A ins 2019 No. 31 s 80\namd 2023 No. 23 s 203\n(sec.17A-ssec.1) The commission must ensure that a sufficient number of the following are available for the referendum at each polling place— certified copies of the electoral roll for each electoral district as at 6p.m. on the cut-off day for electoral rolls; ballot papers.\n(sec.17A-ssec.2) Without limiting subsection (1) (a) , a certified copy of the electoral roll for an electoral district is available at a polling place if— a certified copy of the electoral roll can be accessed electronically from the polling place; and an issuing officer at the polling place can use the certified copy to make an electronic record of the persons to whom a ballot paper is issued.\n(sec.17A-ssec.3) Without limiting subsection (1) (b) , a ballot paper is available at a polling place if a ballot paper can be reproduced at the place under section 18A .\n- (a) certified copies of the electoral roll for each electoral district as at 6p.m. on the cut-off day for electoral rolls;\n- (b) ballot papers.\n- (a) a certified copy of the electoral roll can be accessed electronically from the polling place; and\n- (b) an issuing officer at the polling place can use the certified copy to make an electronic record of the persons to whom a ballot paper is issued.","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Form of ballot papers","content":"### sec.18 Form of ballot papers\n\nBallot papers for voting at the referendum for an electoral district, other than a completed ballot paper printed for an electronically assisted vote, must—\nbe in form 3 for a referendum to submit a Bill to the electors or form 4 for a referendum to submit a question to the electors; and\nbe of a material and opacity that, when folded, effectively conceals the way the elector voted; and\nfor a ballot paper other than a ballot paper reproduced under section 18A , be attached to a butt that—\nis not part of the ballot paper; and\nis perforated in a way that allows the ballot paper to be easily detached from it; and\nstates the name of the electoral district; and\ncontain a square opposite the words ‘YES’ and ‘NO’; and\nshow the name of the State, the name of the electoral district and the day of the referendum.\nFor ballot papers to which subsection (2) applies, if 2 or more referendums are held on the same day, the ballot papers for each referendum must be printed on 1 piece of paper and must be in form 5.\nA completed ballot paper printed for an electronically assisted vote must—\nbe of a size or format that enables the elector’s electronically assisted vote to be accurately determined; and\nstate the name of the State, the name of the electoral district for which the vote is cast and the day of the referendum.\ns 18 amd 2015 No. 35 s 14 ; 2019 No. 31 s 81\n(sec.18-ssec.1) Ballot papers for voting at the referendum for an electoral district, other than a completed ballot paper printed for an electronically assisted vote, must— be in form 3 for a referendum to submit a Bill to the electors or form 4 for a referendum to submit a question to the electors; and be of a material and opacity that, when folded, effectively conceals the way the elector voted; and for a ballot paper other than a ballot paper reproduced under section 18A , be attached to a butt that— is not part of the ballot paper; and is perforated in a way that allows the ballot paper to be easily detached from it; and states the name of the electoral district; and contain a square opposite the words ‘YES’ and ‘NO’; and show the name of the State, the name of the electoral district and the day of the referendum.\n(sec.18-ssec.2) For ballot papers to which subsection (2) applies, if 2 or more referendums are held on the same day, the ballot papers for each referendum must be printed on 1 piece of paper and must be in form 5.\n(sec.18-ssec.3) A completed ballot paper printed for an electronically assisted vote must— be of a size or format that enables the elector’s electronically assisted vote to be accurately determined; and state the name of the State, the name of the electoral district for which the vote is cast and the day of the referendum.\n- (a) be in form 3 for a referendum to submit a Bill to the electors or form 4 for a referendum to submit a question to the electors; and\n- (b) be of a material and opacity that, when folded, effectively conceals the way the elector voted; and\n- (c) for a ballot paper other than a ballot paper reproduced under section 18A , be attached to a butt that— (i) is not part of the ballot paper; and (ii) is perforated in a way that allows the ballot paper to be easily detached from it; and (iii) states the name of the electoral district; and\n- (i) is not part of the ballot paper; and\n- (ii) is perforated in a way that allows the ballot paper to be easily detached from it; and\n- (iii) states the name of the electoral district; and\n- (d) contain a square opposite the words ‘YES’ and ‘NO’; and\n- (e) show the name of the State, the name of the electoral district and the day of the referendum.\n- (i) is not part of the ballot paper; and\n- (ii) is perforated in a way that allows the ballot paper to be easily detached from it; and\n- (iii) states the name of the electoral district; and\n- (a) be of a size or format that enables the elector’s electronically assisted vote to be accurately determined; and\n- (b) state the name of the State, the name of the electoral district for which the vote is cast and the day of the referendum.","sortOrder":27},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Ballot papers may be reproduced if required","content":"### sec.18A Ballot papers may be reproduced if required\n\nThis section applies if a polling place does not have, or runs out of, ballot papers for an electoral district.\nAn issuing officer at the polling place may reproduce a ballot paper, including, for example, by photocopying, handwriting or printing the ballot paper.\nSection 18 (1) applies to a ballot paper reproduced under this section.\nThe issuing officer must keep a record of the number of ballot papers for an electoral district the officer reproduces under this section.\ns 18A ins 2019 No. 31 s 82\n(sec.18A-ssec.1) This section applies if a polling place does not have, or runs out of, ballot papers for an electoral district.\n(sec.18A-ssec.2) An issuing officer at the polling place may reproduce a ballot paper, including, for example, by photocopying, handwriting or printing the ballot paper.\n(sec.18A-ssec.3) Section 18 (1) applies to a ballot paper reproduced under this section.\n(sec.18A-ssec.4) The issuing officer must keep a record of the number of ballot papers for an electoral district the officer reproduces under this section.","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Scrutineers","content":"### sec.19 Scrutineers\n\nEach member may, by notice given to a member of the commission’s staff, appoint adults as scrutineers for a referendum.\nScrutineers are entitled to be present in each ordinary polling booth, mobile polling booth and pre-poll voting office at times when electors are allowed to vote at the place.\nScrutineers are also entitled to be present—\nbeforehand at polling places—\nto inspect ballot boxes; and\nto examine declaration envelopes received before 6p.m. the day before the polling day; and\nafterwards at polling places and elsewhere to observe the examination of declaration envelopes, the printing of completed ballot papers for electronically assisted votes and the counting of votes; and\nat a place to observe any part of a procedure for making an electronically assisted vote.\nAt a polling place during times when electors are allowed to vote and beforehand, each member is entitled to have 1 scrutineer present for each issuing officer at the place.\nAt the examination of declaration envelopes and the counting of votes, including electronically assisted votes, each member is entitled to have 1 scrutineer present for each member of the commission’s staff at the place.\nA scrutineer may—\nobject to the entitlement of a person to vote at the referendum; or\ndo anything else permitted by this Act.\nIssuing officers at a polling place must, before voting starts, allow scrutineers to inspect the ballot boxes that are to be used for voting at the place.\nEach scrutineer must carry adequate identification to show that the person is a scrutineer.\nEach member is taken to be a scrutineer under this Act.\ns 19 amd 2015 No. 35 s 15 ; 2019 No. 31 s 83\n(sec.19-ssec.1) Each member may, by notice given to a member of the commission’s staff, appoint adults as scrutineers for a referendum.\n(sec.19-ssec.2) Scrutineers are entitled to be present in each ordinary polling booth, mobile polling booth and pre-poll voting office at times when electors are allowed to vote at the place.\n(sec.19-ssec.3) Scrutineers are also entitled to be present— beforehand at polling places— to inspect ballot boxes; and to examine declaration envelopes received before 6p.m. the day before the polling day; and afterwards at polling places and elsewhere to observe the examination of declaration envelopes, the printing of completed ballot papers for electronically assisted votes and the counting of votes; and at a place to observe any part of a procedure for making an electronically assisted vote.\n(sec.19-ssec.4) At a polling place during times when electors are allowed to vote and beforehand, each member is entitled to have 1 scrutineer present for each issuing officer at the place.\n(sec.19-ssec.5) At the examination of declaration envelopes and the counting of votes, including electronically assisted votes, each member is entitled to have 1 scrutineer present for each member of the commission’s staff at the place.\n(sec.19-ssec.6) A scrutineer may— object to the entitlement of a person to vote at the referendum; or do anything else permitted by this Act.\n(sec.19-ssec.7) Issuing officers at a polling place must, before voting starts, allow scrutineers to inspect the ballot boxes that are to be used for voting at the place.\n(sec.19-ssec.8) Each scrutineer must carry adequate identification to show that the person is a scrutineer.\n(sec.19-ssec.9) Each member is taken to be a scrutineer under this Act.\n- (a) beforehand at polling places— (i) to inspect ballot boxes; and (ii) to examine declaration envelopes received before 6p.m. the day before the polling day; and\n- (i) to inspect ballot boxes; and\n- (ii) to examine declaration envelopes received before 6p.m. the day before the polling day; and\n- (b) afterwards at polling places and elsewhere to observe the examination of declaration envelopes, the printing of completed ballot papers for electronically assisted votes and the counting of votes; and\n- (c) at a place to observe any part of a procedure for making an electronically assisted vote.\n- (i) to inspect ballot boxes; and\n- (ii) to examine declaration envelopes received before 6p.m. the day before the polling day; and\n- (a) object to the entitlement of a person to vote at the referendum; or\n- (b) do anything else permitted by this Act.","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":"Correction of errors","content":"### sec.20 Correction of errors\n\nIf there is a delay, error or omission in or in relation to the preparation, issue or return of any writ, it may be corrected by gazette notice by the Governor stating what is to be done.\nIf there is a delay, error or omission in or in relation to the preparation, issue, sending or return of any electoral roll, ballot paper or other document (apart from a writ), it may be corrected by a gazette notice by the commission stating what is to be done.\n(sec.20-ssec.1) If there is a delay, error or omission in or in relation to the preparation, issue or return of any writ, it may be corrected by gazette notice by the Governor stating what is to be done.\n(sec.20-ssec.2) If there is a delay, error or omission in or in relation to the preparation, issue, sending or return of any electoral roll, ballot paper or other document (apart from a writ), it may be corrected by a gazette notice by the commission stating what is to be done.","sortOrder":30},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Who may vote at a referendum","content":"## Who may vote at a referendum","sortOrder":31},{"sectionNumber":"sec.21","sectionType":"section","heading":"Who may vote","content":"### sec.21 Who may vote\n\nThe following persons are the only persons who are entitled to vote at a referendum—\npersons enrolled on the electoral roll for an electoral district;\npersons who are not enrolled, but are entitled to be enrolled on the electoral roll for an electoral district because of the Electoral Act 1992 , section 64 (1) (a) (ii) ;\npersons whose names are not on the electoral roll for an electoral district because of official error;\npersons who—\nare not enrolled on the electoral roll for any electoral district but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for an electoral district; and\nafter 6p.m. on the cut-off day for electoral rolls for the referendum and no later than 6p.m. on the day before the polling day, give the commission or an electoral registrar for the district a notice under the Electoral Act 1992 , section 65 .\nA person is not entitled to vote more than once at a referendum.\nAlso, a person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at a referendum.\nFor subsection (3) , a person is serving a sentence of imprisonment only if—\nthe person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and\nthe detention is attributable to the sentence of imprisonment concerned.\nTo enable the commission to decide the persons who are not entitled to vote because of subsection (3) , the commission may ask the chief executive (corrective services) to give the commission information about persons who are serving sentences of imprisonment for offences against the law of the Commonwealth or of a State or Territory.\nThe chief executive (corrective services) must give the commission the information as soon as practicable after receiving the request.\nSubsection (6) has effect despite the provisions of any other Act that would otherwise permit or require the chief executive (corrective services) to refuse the commission’s request.\ns 21 amd 2006 No. 41 s 50B ; 2015 No. 35 s 16 ; 2019 No. 31 s 84 ; 2023 No. 23 s 204\namd 2026 No. 1 s 46 (uncommenced amendment)\n(sec.21-ssec.1) The following persons are the only persons who are entitled to vote at a referendum— persons enrolled on the electoral roll for an electoral district; persons who are not enrolled, but are entitled to be enrolled on the electoral roll for an electoral district because of the Electoral Act 1992 , section 64 (1) (a) (ii) ; persons whose names are not on the electoral roll for an electoral district because of official error; persons who— are not enrolled on the electoral roll for any electoral district but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for an electoral district; and after 6p.m. on the cut-off day for electoral rolls for the referendum and no later than 6p.m. on the day before the polling day, give the commission or an electoral registrar for the district a notice under the Electoral Act 1992 , section 65 .\n(sec.21-ssec.2) A person is not entitled to vote more than once at a referendum.\n(sec.21-ssec.3) Also, a person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at a referendum.\n(sec.21-ssec.4) For subsection (3) , a person is serving a sentence of imprisonment only if— the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and the detention is attributable to the sentence of imprisonment concerned.\n(sec.21-ssec.5) To enable the commission to decide the persons who are not entitled to vote because of subsection (3) , the commission may ask the chief executive (corrective services) to give the commission information about persons who are serving sentences of imprisonment for offences against the law of the Commonwealth or of a State or Territory.\n(sec.21-ssec.6) The chief executive (corrective services) must give the commission the information as soon as practicable after receiving the request.\n(sec.21-ssec.7) Subsection (6) has effect despite the provisions of any other Act that would otherwise permit or require the chief executive (corrective services) to refuse the commission’s request.\n- (a) persons enrolled on the electoral roll for an electoral district;\n- (b) persons who are not enrolled, but are entitled to be enrolled on the electoral roll for an electoral district because of the Electoral Act 1992 , section 64 (1) (a) (ii) ;\n- (c) persons whose names are not on the electoral roll for an electoral district because of official error;\n- (d) persons who— (i) are not enrolled on the electoral roll for any electoral district but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for an electoral district; and (ii) after 6p.m. on the cut-off day for electoral rolls for the referendum and no later than 6p.m. on the day before the polling day, give the commission or an electoral registrar for the district a notice under the Electoral Act 1992 , section 65 .\n- (i) are not enrolled on the electoral roll for any electoral district but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for an electoral district; and\n- (ii) after 6p.m. on the cut-off day for electoral rolls for the referendum and no later than 6p.m. on the day before the polling day, give the commission or an electoral registrar for the district a notice under the Electoral Act 1992 , section 65 .\n- (i) are not enrolled on the electoral roll for any electoral district but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for an electoral district; and\n- (ii) after 6p.m. on the cut-off day for electoral rolls for the referendum and no later than 6p.m. on the day before the polling day, give the commission or an electoral registrar for the district a notice under the Electoral Act 1992 , section 65 .\n- (a) the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and\n- (b) the detention is attributable to the sentence of imprisonment concerned.","sortOrder":32},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"How voting takes place at a referendum","content":"## How voting takes place at a referendum","sortOrder":33},{"sectionNumber":"sec.22","sectionType":"section","heading":"Procedure for voting","content":"### sec.22 Procedure for voting\n\nAn elector is to vote by following the procedures stated in this section unless the elector—\nmakes a pre-poll ordinary vote under section 24C ; or\nmakes, or must make, a declaration vote under subdivision 2 ; or\nmakes an electronically assisted vote under subdivision 2A .\nThe elector is to enter—\nif the vote is to be taken at an ordinary polling booth—an ordinary polling booth for the elector’s electoral district during ordinary voting hours; or\nif the vote is to be taken at a mobile polling booth declared for an institution or arranged for an area—the mobile polling booth during the times decided by the commission under section 15 (7) (b) .\nIn the polling booth, the elector is to request a ballot paper for the electoral district from an issuing officer.\nIf the elector has a ballot paper for the electoral district and declaration envelope for the referendum given to the elector under section 30 and does not intend to make a declaration vote under subdivision 2 , the elector must give the ballot paper and declaration envelope to the issuing officer.\nThe issuing officer must issue a ballot paper for the electoral district to a person who asks for a ballot paper only if the issuing officer is satisfied that the person is entitled to vote at the referendum for the electoral district.\nThe issuing officer may question a person requesting a ballot paper to decide whether the person is entitled to vote at the referendum for the electoral district.\nIf, after asking questions under subsection (6) , the issuing officer suspects that a person claiming to be a particular elector is not the elector, the issuing officer must comply with section 32 .\nThe issuing officer must keep a record of all persons to whom the officer issues ballot papers under this section.\nThe issuing officer must, if a scrutineer requests it, keep a record of an objection by the scrutineer to the entitlement of a person to vote.\nOn being given the ballot paper, the elector must, without delay—\ngo alone to an unoccupied voting compartment in the polling booth; and\nthere, in private, mark a vote on the ballot paper in accordance with section 33 ; and\nfold the ballot paper to conceal the vote and put it in a ballot box in the polling booth; and\nleave the polling booth.\ns 22 amd 2015 No. 35 s 17 ; 2019 No. 31 s 85\n(sec.22-ssec.1) An elector is to vote by following the procedures stated in this section unless the elector— makes a pre-poll ordinary vote under section 24C ; or makes, or must make, a declaration vote under subdivision 2 ; or makes an electronically assisted vote under subdivision 2A .\n(sec.22-ssec.2) The elector is to enter— if the vote is to be taken at an ordinary polling booth—an ordinary polling booth for the elector’s electoral district during ordinary voting hours; or if the vote is to be taken at a mobile polling booth declared for an institution or arranged for an area—the mobile polling booth during the times decided by the commission under section 15 (7) (b) .\n(sec.22-ssec.3) In the polling booth, the elector is to request a ballot paper for the electoral district from an issuing officer.\n(sec.22-ssec.4) If the elector has a ballot paper for the electoral district and declaration envelope for the referendum given to the elector under section 30 and does not intend to make a declaration vote under subdivision 2 , the elector must give the ballot paper and declaration envelope to the issuing officer.\n(sec.22-ssec.5) The issuing officer must issue a ballot paper for the electoral district to a person who asks for a ballot paper only if the issuing officer is satisfied that the person is entitled to vote at the referendum for the electoral district.\n(sec.22-ssec.6) The issuing officer may question a person requesting a ballot paper to decide whether the person is entitled to vote at the referendum for the electoral district.\n(sec.22-ssec.7) If, after asking questions under subsection (6) , the issuing officer suspects that a person claiming to be a particular elector is not the elector, the issuing officer must comply with section 32 .\n(sec.22-ssec.8) The issuing officer must keep a record of all persons to whom the officer issues ballot papers under this section.\n(sec.22-ssec.9) The issuing officer must, if a scrutineer requests it, keep a record of an objection by the scrutineer to the entitlement of a person to vote.\n(sec.22-ssec.10) On being given the ballot paper, the elector must, without delay— go alone to an unoccupied voting compartment in the polling booth; and there, in private, mark a vote on the ballot paper in accordance with section 33 ; and fold the ballot paper to conceal the vote and put it in a ballot box in the polling booth; and leave the polling booth.\n- (a) makes a pre-poll ordinary vote under section 24C ; or\n- (b) makes, or must make, a declaration vote under subdivision 2 ; or\n- (c) makes an electronically assisted vote under subdivision 2A .\n- (a) if the vote is to be taken at an ordinary polling booth—an ordinary polling booth for the elector’s electoral district during ordinary voting hours; or\n- (b) if the vote is to be taken at a mobile polling booth declared for an institution or arranged for an area—the mobile polling booth during the times decided by the commission under section 15 (7) (b) .\n- (a) go alone to an unoccupied voting compartment in the polling booth; and\n- (b) there, in private, mark a vote on the ballot paper in accordance with section 33 ; and\n- (c) fold the ballot paper to conceal the vote and put it in a ballot box in the polling booth; and\n- (d) leave the polling booth.","sortOrder":34},{"sectionNumber":"sec.23","sectionType":"section","heading":"Help to enable electors to vote at polling booths","content":"### sec.23 Help to enable electors to vote at polling booths\n\nIf an elector satisfies an issuing officer that the elector is unable to vote without help, the elector may be accompanied in the polling booth by another person chosen by the elector.\nThe other person may help the elector, but only in the following ways—\nby acting as an interpreter;\nby explaining the ballot paper and the requirements of section 33 relating to its marking;\nby marking, or helping the elector to mark, the ballot paper in the way the elector wishes;\nby folding the ballot paper and putting it in the ballot box.\nIf an elector (including an elector who makes or must make a declaration vote)—\nis unable to enter a polling booth because of illness, disability or advanced pregnancy; and\nis able to come to a place (the voting place ) close to the polling booth;\nthe issuing officer may perform the issuing officer’s functions and the elector may vote at the voting place as if it were the polling booth.\nHowever, the issuing officer must—\nbefore taking any action under subsection (3) , inform any scrutineers present of the proposed action; and\nallow only 1 scrutineer for each member to be present at the voting place; and\nensure that, after the ballot paper is marked, it is—\nfolded to conceal the vote; and\nput into an envelope and sealed; and\nif the elector has made an ordinary vote—open the envelope inside the polling booth in the presence of any scrutineers and put the folded ballot paper in a ballot box.\n(sec.23-ssec.1) If an elector satisfies an issuing officer that the elector is unable to vote without help, the elector may be accompanied in the polling booth by another person chosen by the elector.\n(sec.23-ssec.2) The other person may help the elector, but only in the following ways— by acting as an interpreter; by explaining the ballot paper and the requirements of section 33 relating to its marking; by marking, or helping the elector to mark, the ballot paper in the way the elector wishes; by folding the ballot paper and putting it in the ballot box.\n(sec.23-ssec.3) If an elector (including an elector who makes or must make a declaration vote)— is unable to enter a polling booth because of illness, disability or advanced pregnancy; and is able to come to a place (the voting place ) close to the polling booth; the issuing officer may perform the issuing officer’s functions and the elector may vote at the voting place as if it were the polling booth.\n(sec.23-ssec.4) However, the issuing officer must— before taking any action under subsection (3) , inform any scrutineers present of the proposed action; and allow only 1 scrutineer for each member to be present at the voting place; and ensure that, after the ballot paper is marked, it is— folded to conceal the vote; and put into an envelope and sealed; and if the elector has made an ordinary vote—open the envelope inside the polling booth in the presence of any scrutineers and put the folded ballot paper in a ballot box.\n- (a) by acting as an interpreter;\n- (b) by explaining the ballot paper and the requirements of section 33 relating to its marking;\n- (c) by marking, or helping the elector to mark, the ballot paper in the way the elector wishes;\n- (d) by folding the ballot paper and putting it in the ballot box.\n- (a) is unable to enter a polling booth because of illness, disability or advanced pregnancy; and\n- (b) is able to come to a place (the voting place ) close to the polling booth;\n- (a) before taking any action under subsection (3) , inform any scrutineers present of the proposed action; and\n- (b) allow only 1 scrutineer for each member to be present at the voting place; and\n- (c) ensure that, after the ballot paper is marked, it is— (i) folded to conceal the vote; and (ii) put into an envelope and sealed; and\n- (i) folded to conceal the vote; and\n- (ii) put into an envelope and sealed; and\n- (d) if the elector has made an ordinary vote—open the envelope inside the polling booth in the presence of any scrutineers and put the folded ballot paper in a ballot box.\n- (i) folded to conceal the vote; and\n- (ii) put into an envelope and sealed; and","sortOrder":35},{"sectionNumber":"sec.24","sectionType":"section","heading":"Help to enable electors to vote at hospitals","content":"### sec.24 Help to enable electors to vote at hospitals\n\nIf a polling booth is a hospital or part of a hospital, an issuing officer may visit patients in the hospital or the part of the hospital to enable them to vote.\nWhen visiting a patient, the issuing officer must—\ntake to the patient—\na ballot paper or a ballot paper and declaration envelope; and\na ballot box; and\nanything else necessary to enable the patient to vote; and\nif a scrutineer wishes—be accompanied by the scrutineer.\nThe issuing officer must ensure that, so far as reasonably practicable, section 22 is complied with when the patient votes.\n(sec.24-ssec.1) If a polling booth is a hospital or part of a hospital, an issuing officer may visit patients in the hospital or the part of the hospital to enable them to vote.\n(sec.24-ssec.2) When visiting a patient, the issuing officer must— take to the patient— a ballot paper or a ballot paper and declaration envelope; and a ballot box; and anything else necessary to enable the patient to vote; and if a scrutineer wishes—be accompanied by the scrutineer.\n(sec.24-ssec.3) The issuing officer must ensure that, so far as reasonably practicable, section 22 is complied with when the patient votes.\n- (a) take to the patient— (i) a ballot paper or a ballot paper and declaration envelope; and (ii) a ballot box; and (iii) anything else necessary to enable the patient to vote; and\n- (i) a ballot paper or a ballot paper and declaration envelope; and\n- (ii) a ballot box; and\n- (iii) anything else necessary to enable the patient to vote; and\n- (b) if a scrutineer wishes—be accompanied by the scrutineer.\n- (i) a ballot paper or a ballot paper and declaration envelope; and\n- (ii) a ballot box; and\n- (iii) anything else necessary to enable the patient to vote; and","sortOrder":36},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Pre-poll ordinary voting","content":"### sec.24A Pre-poll ordinary voting\n\nThis section applies to an elector, other than one who must make a declaration vote under subdivision 2 , who wishes to vote—\nbefore the polling day for a referendum; and\nother than by making a declaration vote under subdivision 2 .\nIf there is a pre-poll voting office for the elector’s electoral district, the elector may make a vote under section 24C (a pre-poll ordinary vote ).\ns 24A ins 2015 No. 35 s 18\namd 2019 No. 31 s 86\n(sec.24A-ssec.1) This section applies to an elector, other than one who must make a declaration vote under subdivision 2 , who wishes to vote— before the polling day for a referendum; and other than by making a declaration vote under subdivision 2 .\n(sec.24A-ssec.2) If there is a pre-poll voting office for the elector’s electoral district, the elector may make a vote under section 24C (a pre-poll ordinary vote ).\n- (a) before the polling day for a referendum; and\n- (b) other than by making a declaration vote under subdivision 2 .","sortOrder":37},{"sectionNumber":"sec.24B","sectionType":"section","heading":null,"content":"### Section sec.24B\n\ns 24B ins 2015 No. 35 s 18\nom 2019 No. 31 s 87","sortOrder":38},{"sectionNumber":"sec.24C","sectionType":"section","heading":"Procedure for pre-poll ordinary voting","content":"### sec.24C Procedure for pre-poll ordinary voting\n\nAn elector who wishes to vote during the period beginning 3 days after the cut-off day for electoral rolls for the referendum and ending at 6p.m. on the day before polling day may make a pre-poll ordinary vote by following the procedures stated in this section.\nThe elector is to go to a pre-poll voting office for the elector’s electoral district.\nAt the pre-poll voting office, the elector must ask the issuing officer for a ballot paper for the electoral district.\nIf the elector—\nhas a ballot paper for the electoral district and declaration envelope for the referendum; and\ndoes not intend to make a declaration vote under subdivision 2 ;\nthe elector must give the ballot paper and declaration envelope to the issuing officer.\nThe issuing officer must issue a ballot paper for the electoral district to a person if the issuing officer is satisfied the person is entitled to vote at the referendum for the electoral district.\nThe issuing officer may ask questions of a person requesting a ballot paper for the purpose of deciding whether the person is entitled to vote at the referendum for the electoral district.\nThe issuing officer must comply with section 32 if the issuing officer has asked questions under subsection (6) and suspects a person claiming to be a particular elector is not the elector.\nThe issuing officer must keep a record of all persons to whom the officer issues ballot papers under this section.\nThe issuing officer must, if a scrutineer requests it, keep a record of any objection by the scrutineer to the entitlement of a person to vote.\nOn being given the ballot paper, the elector must, without delay—\ngo alone to an unoccupied voting compartment in the pre-poll voting office; and\nthere, in private, mark a vote on the ballot paper in accordance with section 33 ; and\nfold the ballot paper to conceal the vote and put it in a ballot box in the pre-poll voting office; and\nleave the pre-poll voting office.\ns 24C ins 2015 No. 35 s 18\namd 2019 No. 31 s 88\n(sec.24C-ssec.1) An elector who wishes to vote during the period beginning 3 days after the cut-off day for electoral rolls for the referendum and ending at 6p.m. on the day before polling day may make a pre-poll ordinary vote by following the procedures stated in this section.\n(sec.24C-ssec.2) The elector is to go to a pre-poll voting office for the elector’s electoral district.\n(sec.24C-ssec.3) At the pre-poll voting office, the elector must ask the issuing officer for a ballot paper for the electoral district.\n(sec.24C-ssec.4) If the elector— has a ballot paper for the electoral district and declaration envelope for the referendum; and does not intend to make a declaration vote under subdivision 2 ; the elector must give the ballot paper and declaration envelope to the issuing officer.\n(sec.24C-ssec.5) The issuing officer must issue a ballot paper for the electoral district to a person if the issuing officer is satisfied the person is entitled to vote at the referendum for the electoral district.\n(sec.24C-ssec.6) The issuing officer may ask questions of a person requesting a ballot paper for the purpose of deciding whether the person is entitled to vote at the referendum for the electoral district.\n(sec.24C-ssec.7) The issuing officer must comply with section 32 if the issuing officer has asked questions under subsection (6) and suspects a person claiming to be a particular elector is not the elector.\n(sec.24C-ssec.8) The issuing officer must keep a record of all persons to whom the officer issues ballot papers under this section.\n(sec.24C-ssec.9) The issuing officer must, if a scrutineer requests it, keep a record of any objection by the scrutineer to the entitlement of a person to vote.\n(sec.24C-ssec.10) On being given the ballot paper, the elector must, without delay— go alone to an unoccupied voting compartment in the pre-poll voting office; and there, in private, mark a vote on the ballot paper in accordance with section 33 ; and fold the ballot paper to conceal the vote and put it in a ballot box in the pre-poll voting office; and leave the pre-poll voting office.\n- (a) has a ballot paper for the electoral district and declaration envelope for the referendum; and\n- (b) does not intend to make a declaration vote under subdivision 2 ;\n- (a) go alone to an unoccupied voting compartment in the pre-poll voting office; and\n- (b) there, in private, mark a vote on the ballot paper in accordance with section 33 ; and\n- (c) fold the ballot paper to conceal the vote and put it in a ballot box in the pre-poll voting office; and\n- (d) leave the pre-poll voting office.","sortOrder":39},{"sectionNumber":"sec.24D","sectionType":"section","heading":"Help to enable electors to vote at pre-poll voting offices","content":"### sec.24D Help to enable electors to vote at pre-poll voting offices\n\nSubject to subsection (2) , if an elector satisfies an issuing officer that the elector can not vote without help, the elector may be accompanied in the pre-poll voting office by another person chosen by the elector.\nThe other person may help the elector in any of the following ways—\nacting as an interpreter;\nexplaining the ballot paper and the requirements of section 33 relating to its marking;\nmarking, or helping the elector to mark, the ballot paper in the way the elector wishes;\nfolding the ballot paper and putting it in the ballot box.\nIf an elector can not enter a pre-poll voting office because of illness, disability or advanced pregnancy, but can come to a place (the voting place ) close to the pre-poll voting office, then, subject to subsection (4) —\nthe issuing officer may perform the issuing officer’s functions; and\nthe voter may vote;\nat the voting place as if it were the pre-poll voting office.\nThe issuing officer must—\nbefore taking any action under subsection (3) , inform any scrutineers present of the proposed action; and\nensure that, after the ballot paper is marked, it is—\nfolded to conceal the vote; and\nput into an envelope and sealed; and\nopen the envelope inside the pre-poll voting office in the presence of any scrutineers and put the folded ballot paper in a ballot box.\ns 24D ins 2015 No. 35 s 18\n(sec.24D-ssec.1) Subject to subsection (2) , if an elector satisfies an issuing officer that the elector can not vote without help, the elector may be accompanied in the pre-poll voting office by another person chosen by the elector.\n(sec.24D-ssec.2) The other person may help the elector in any of the following ways— acting as an interpreter; explaining the ballot paper and the requirements of section 33 relating to its marking; marking, or helping the elector to mark, the ballot paper in the way the elector wishes; folding the ballot paper and putting it in the ballot box.\n(sec.24D-ssec.3) If an elector can not enter a pre-poll voting office because of illness, disability or advanced pregnancy, but can come to a place (the voting place ) close to the pre-poll voting office, then, subject to subsection (4) — the issuing officer may perform the issuing officer’s functions; and the voter may vote; at the voting place as if it were the pre-poll voting office.\n(sec.24D-ssec.4) The issuing officer must— before taking any action under subsection (3) , inform any scrutineers present of the proposed action; and ensure that, after the ballot paper is marked, it is— folded to conceal the vote; and put into an envelope and sealed; and open the envelope inside the pre-poll voting office in the presence of any scrutineers and put the folded ballot paper in a ballot box.\n- (a) acting as an interpreter;\n- (b) explaining the ballot paper and the requirements of section 33 relating to its marking;\n- (c) marking, or helping the elector to mark, the ballot paper in the way the elector wishes;\n- (d) folding the ballot paper and putting it in the ballot box.\n- (a) the issuing officer may perform the issuing officer’s functions; and\n- (b) the voter may vote;\n- (a) before taking any action under subsection (3) , inform any scrutineers present of the proposed action; and\n- (b) ensure that, after the ballot paper is marked, it is— (i) folded to conceal the vote; and (ii) put into an envelope and sealed; and\n- (i) folded to conceal the vote; and\n- (ii) put into an envelope and sealed; and\n- (c) open the envelope inside the pre-poll voting office in the presence of any scrutineers and put the folded ballot paper in a ballot box.\n- (i) folded to conceal the vote; and\n- (ii) put into an envelope and sealed; and","sortOrder":40},{"sectionNumber":"sec.25","sectionType":"section","heading":"Who may make a declaration vote","content":"### sec.25 Who may make a declaration vote\n\nThe following electors may make a declaration vote—\nan elector who wishes to make a declaration vote before the polling day for a referendum;\nan elector who is a special postal voter;\nSee subsection (2) and the Electoral Act 1992 , section 114 (2) .\nan elector who is an electoral visitor voter under subsection (3) .\nSee subsection (3) and the Electoral Act 1992 , section 114 (3) .\nAn elector is a special postal voter for this Act if the elector would be a special postal voter for an election under the Electoral Act 1992 .\nThe following electors are electoral visitor voters for this Act—\nan elector who will, because of illness, disability or advanced pregnancy, be prevented from voting at a polling booth;\nan elector who will, because the elector is caring for a person who is ill, has a disability or is pregnant, be prevented from voting at a polling booth.\ns 25 amd 2002 No. 8 s 65 ; 2006 No. 41 s 50C ; 2015 No. 35 s 19 ; 2019 No. 31 s 89\n(sec.25-ssec.1) The following electors may make a declaration vote— an elector who wishes to make a declaration vote before the polling day for a referendum; an elector who is a special postal voter; See subsection (2) and the Electoral Act 1992 , section 114 (2) . an elector who is an electoral visitor voter under subsection (3) . See subsection (3) and the Electoral Act 1992 , section 114 (3) .\n(sec.25-ssec.2) An elector is a special postal voter for this Act if the elector would be a special postal voter for an election under the Electoral Act 1992 .\n(sec.25-ssec.3) The following electors are electoral visitor voters for this Act— an elector who will, because of illness, disability or advanced pregnancy, be prevented from voting at a polling booth; an elector who will, because the elector is caring for a person who is ill, has a disability or is pregnant, be prevented from voting at a polling booth.\n- (a) an elector who wishes to make a declaration vote before the polling day for a referendum;\n- (b) an elector who is a special postal voter; Note— See subsection (2) and the Electoral Act 1992 , section 114 (2) .\n- (c) an elector who is an electoral visitor voter under subsection (3) . Note— See subsection (3) and the Electoral Act 1992 , section 114 (3) .\n- (a) an elector who will, because of illness, disability or advanced pregnancy, be prevented from voting at a polling booth;\n- (b) an elector who will, because the elector is caring for a person who is ill, has a disability or is pregnant, be prevented from voting at a polling booth.","sortOrder":41},{"sectionNumber":"sec.26","sectionType":"section","heading":"Who must make a declaration vote","content":"### sec.26 Who must make a declaration vote\n\nThe following electors must make a declaration vote—\nan elector who wishes to vote by going on the polling day for the referendum to a polling booth that has not been established for the elector’s electoral district;\nan elector who wishes to vote at a polling booth described in section 16 (4) or (6) that has not been established for the elector’s electoral district;\nan elector whose name is not on the electoral roll for an electoral district because of an official error;\nan elector who goes on a polling day to a polling booth but is not able to make an ordinary vote at the polling booth for a reason that is beyond the elector’s control;\nan electronic copy of the electoral roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector’s name is on the electoral roll for the electoral district\nan elector to whom section 21 (1) (b) or (d) applies;\nan elector who is serving a sentence of imprisonment, or is otherwise detained in lawful custody, on the polling day;\nan elector who appears from a record made in error to have already voted in the referendum for any electoral district;\nan elector who is given a ballot paper and declaration envelope under section 32 .\ns 26 amd 2015 No. 35 s 20 ; 2019 No. 31 s 90\namd 2026 No. 1 s 47 (uncommenced amendment)\n- (a) an elector who wishes to vote by going on the polling day for the referendum to a polling booth that has not been established for the elector’s electoral district;\n- (b) an elector who wishes to vote at a polling booth described in section 16 (4) or (6) that has not been established for the elector’s electoral district;\n- (c) an elector whose name is not on the electoral roll for an electoral district because of an official error;\n- (d) an elector who goes on a polling day to a polling booth but is not able to make an ordinary vote at the polling booth for a reason that is beyond the elector’s control; Example of a reason beyond an elector’s control why the elector cannot make an ordinary vote— an electronic copy of the electoral roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector’s name is on the electoral roll for the electoral district\n- (e) an elector to whom section 21 (1) (b) or (d) applies;\n- (f) an elector who is serving a sentence of imprisonment, or is otherwise detained in lawful custody, on the polling day;\n- (g) an elector who appears from a record made in error to have already voted in the referendum for any electoral district;\n- (h) an elector who is given a ballot paper and declaration envelope under section 32 .","sortOrder":42},{"sectionNumber":"sec.27","sectionType":"section","heading":"Ways in which an elector may make a declaration vote","content":"### sec.27 Ways in which an elector may make a declaration vote\n\nAn elector who may or must make a declaration vote must do so by—\nif the elector is unable to enter a polling booth because of illness, disability or advanced pregnancy—going to a place close to a polling booth and voting under section 23 (3) ; or\ngoing during voting hours to a polling booth and following the procedures stated in section 28 ; or\nif the person is a postal voter—using the ballot paper and declaration envelope that have been posted to the elector under section 30 or 34B and following the procedures stated in section 30 or 34B ; or\nif the person is an electoral visitor voter—voting before an electoral visitor following the procedures stated in section 31 .\nThis section is subject to section 32 .\ns 27 amd 2019 No. 31 s 91\n(sec.27-ssec.1) An elector who may or must make a declaration vote must do so by— if the elector is unable to enter a polling booth because of illness, disability or advanced pregnancy—going to a place close to a polling booth and voting under section 23 (3) ; or going during voting hours to a polling booth and following the procedures stated in section 28 ; or if the person is a postal voter—using the ballot paper and declaration envelope that have been posted to the elector under section 30 or 34B and following the procedures stated in section 30 or 34B ; or if the person is an electoral visitor voter—voting before an electoral visitor following the procedures stated in section 31 .\n(sec.27-ssec.2) This section is subject to section 32 .\n- (a) if the elector is unable to enter a polling booth because of illness, disability or advanced pregnancy—going to a place close to a polling booth and voting under section 23 (3) ; or\n- (b) going during voting hours to a polling booth and following the procedures stated in section 28 ; or\n- (c) if the person is a postal voter—using the ballot paper and declaration envelope that have been posted to the elector under section 30 or 34B and following the procedures stated in section 30 or 34B ; or\n- (d) if the person is an electoral visitor voter—voting before an electoral visitor following the procedures stated in section 31 .","sortOrder":43},{"sectionNumber":"sec.28","sectionType":"section","heading":"Making a declaration vote at a polling booth","content":"### sec.28 Making a declaration vote at a polling booth\n\nAn elector who may or must make a declaration vote may enter a polling booth during voting hours and request a ballot paper for an electoral district and declaration envelope from an issuing officer.\nThe issuing officer must comply with the request, unless the issuing officer is satisfied that the elector may make an ordinary vote for the elector’s electoral district at the polling booth.\nThe issuing officer must keep a record of all persons to whom the officer gives a ballot paper and declaration envelope under this section.\nThe issuing officer must, if a scrutineer requests it, record on the declaration envelope an objection by the scrutineer to the right of the person to vote.\nOn being given the ballot paper and declaration envelope, the elector must, without delay—\nsign the appropriate declaration on the declaration envelope before the issuing officer and have the officer sign the envelope as witness; and\ngo alone to an unoccupied voting compartment in the polling booth; and\nthere, in private, mark a vote on the ballot paper in accordance with section 33 ; and\nplace the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling booth; and\nleave the polling booth.\nSections 23 and 24 apply to the making of a vote under this section in the same way, with any necessary changes, as they apply to the making of a vote under section 22 .\ns 28 amd 2019 No. 31 s 92\n(sec.28-ssec.1) An elector who may or must make a declaration vote may enter a polling booth during voting hours and request a ballot paper for an electoral district and declaration envelope from an issuing officer.\n(sec.28-ssec.2) The issuing officer must comply with the request, unless the issuing officer is satisfied that the elector may make an ordinary vote for the elector’s electoral district at the polling booth.\n(sec.28-ssec.3) The issuing officer must keep a record of all persons to whom the officer gives a ballot paper and declaration envelope under this section.\n(sec.28-ssec.4) The issuing officer must, if a scrutineer requests it, record on the declaration envelope an objection by the scrutineer to the right of the person to vote.\n(sec.28-ssec.5) On being given the ballot paper and declaration envelope, the elector must, without delay— sign the appropriate declaration on the declaration envelope before the issuing officer and have the officer sign the envelope as witness; and go alone to an unoccupied voting compartment in the polling booth; and there, in private, mark a vote on the ballot paper in accordance with section 33 ; and place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling booth; and leave the polling booth.\n(sec.28-ssec.6) Sections 23 and 24 apply to the making of a vote under this section in the same way, with any necessary changes, as they apply to the making of a vote under section 22 .\n- (a) sign the appropriate declaration on the declaration envelope before the issuing officer and have the officer sign the envelope as witness; and\n- (b) go alone to an unoccupied voting compartment in the polling booth; and\n- (c) there, in private, mark a vote on the ballot paper in accordance with section 33 ; and\n- (d) place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling booth; and\n- (e) leave the polling booth.","sortOrder":44},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 om 2019 No. 31 s 93","sortOrder":45},{"sectionNumber":"sec.30","sectionType":"section","heading":"Making a declaration vote using posted referendum papers","content":"### sec.30 Making a declaration vote using posted referendum papers\n\nA special postal voter or ordinary postal voter may make a declaration vote under this section using a ballot paper and declaration envelope sent to the elector.\nAn elector is an ordinary postal voter if—\nthe elector makes a request (a postal vote request ) to the commission or the returning officer to make a declaration vote using a ballot paper and declaration envelope sent to the elector; and\nthe elector’s postal vote request is received by the commission or returning officer not later than 7p.m. on the day that is 12 days before the polling day for the election.\nThe polling day for a referendum is always a Saturday—see section 6 (2) (c) . The day that is 12 days before the polling day for a referendum is 2 Mondays before the polling day.\nA postal vote request—\nmay be made by the elector orally or in writing; and\nif the request is written—\nmust be in the approved form; and\nmay be given to the commission or returning officer by the elector or someone else; and\nmust state the address to which the ballot paper is to be sent.\nThe commission must, as soon as practicable after the issue of the writ for a referendum, post a ballot paper and declaration envelope to each special postal voter.\nAlso, the commission must post, deliver or otherwise send a ballot paper and declaration envelope to an ordinary postal voter as soon as practicable after receiving the elector’s postal vote request.\nIf the commission or a returning officer receives a postal vote request for an elector after the time mentioned in subsection (2) (b) , the commission or returning officer must give the elector a written notice that states the elector is not entitled to make a declaration vote under this section.\nReturning officers and the commission must keep a record of all ballot papers and declaration envelopes posted, delivered or sent under this section.\nOn receiving the ballot paper and declaration envelope, the elector must—\nsign the appropriate declaration on the declaration envelope before another elector or a person approved by the commission for this paragraph and have the other elector or person sign the envelope as witness; and\nmark a vote on the ballot paper in accordance with section 33 ; and\nplace the ballot paper in the envelope and seal the envelope; and\neither—\ngive the envelope to a member of the commission’s staff at a pre-poll voting office before the polling day or at a polling booth on the polling day; or\npost or send the envelope, or give it to another person to post or send, to the commission or the returning officer.\nIf the elector is unable to vote without help, another person may help by doing any of the things mentioned in subsection (8) (b) to (d) for the elector.\nA member of the commission’s staff who is given an envelope under subsection (8) (d) (i) must—\nif it is given before the polling day—send the envelope to the appropriate returning officer or put the envelope in a ballot box at the office; or\nif it is given on the polling day—put the envelope in a ballot box at the polling booth.\nSection 36 sets out the process for examining declaration envelopes and preparing the ballot papers in them for counting.\ns 30 amd 2015 No. 35 s 21 ; 2019 No. 31 s 94\n(sec.30-ssec.1) A special postal voter or ordinary postal voter may make a declaration vote under this section using a ballot paper and declaration envelope sent to the elector.\n(sec.30-ssec.2) An elector is an ordinary postal voter if— the elector makes a request (a postal vote request ) to the commission or the returning officer to make a declaration vote using a ballot paper and declaration envelope sent to the elector; and the elector’s postal vote request is received by the commission or returning officer not later than 7p.m. on the day that is 12 days before the polling day for the election. The polling day for a referendum is always a Saturday—see section 6 (2) (c) . The day that is 12 days before the polling day for a referendum is 2 Mondays before the polling day.\n(sec.30-ssec.3) A postal vote request— may be made by the elector orally or in writing; and if the request is written— must be in the approved form; and may be given to the commission or returning officer by the elector or someone else; and must state the address to which the ballot paper is to be sent.\n(sec.30-ssec.4) The commission must, as soon as practicable after the issue of the writ for a referendum, post a ballot paper and declaration envelope to each special postal voter.\n(sec.30-ssec.5) Also, the commission must post, deliver or otherwise send a ballot paper and declaration envelope to an ordinary postal voter as soon as practicable after receiving the elector’s postal vote request.\n(sec.30-ssec.6) If the commission or a returning officer receives a postal vote request for an elector after the time mentioned in subsection (2) (b) , the commission or returning officer must give the elector a written notice that states the elector is not entitled to make a declaration vote under this section.\n(sec.30-ssec.7) Returning officers and the commission must keep a record of all ballot papers and declaration envelopes posted, delivered or sent under this section.\n(sec.30-ssec.8) On receiving the ballot paper and declaration envelope, the elector must— sign the appropriate declaration on the declaration envelope before another elector or a person approved by the commission for this paragraph and have the other elector or person sign the envelope as witness; and mark a vote on the ballot paper in accordance with section 33 ; and place the ballot paper in the envelope and seal the envelope; and either— give the envelope to a member of the commission’s staff at a pre-poll voting office before the polling day or at a polling booth on the polling day; or post or send the envelope, or give it to another person to post or send, to the commission or the returning officer.\n(sec.30-ssec.9) If the elector is unable to vote without help, another person may help by doing any of the things mentioned in subsection (8) (b) to (d) for the elector.\n(sec.30-ssec.10) A member of the commission’s staff who is given an envelope under subsection (8) (d) (i) must— if it is given before the polling day—send the envelope to the appropriate returning officer or put the envelope in a ballot box at the office; or if it is given on the polling day—put the envelope in a ballot box at the polling booth.\n- (a) the elector makes a request (a postal vote request ) to the commission or the returning officer to make a declaration vote using a ballot paper and declaration envelope sent to the elector; and\n- (b) the elector’s postal vote request is received by the commission or returning officer not later than 7p.m. on the day that is 12 days before the polling day for the election. Note— The polling day for a referendum is always a Saturday—see section 6 (2) (c) . The day that is 12 days before the polling day for a referendum is 2 Mondays before the polling day.\n- (a) may be made by the elector orally or in writing; and\n- (b) if the request is written— (i) must be in the approved form; and (ii) may be given to the commission or returning officer by the elector or someone else; and\n- (i) must be in the approved form; and\n- (ii) may be given to the commission or returning officer by the elector or someone else; and\n- (c) must state the address to which the ballot paper is to be sent.\n- (i) must be in the approved form; and\n- (ii) may be given to the commission or returning officer by the elector or someone else; and\n- (a) sign the appropriate declaration on the declaration envelope before another elector or a person approved by the commission for this paragraph and have the other elector or person sign the envelope as witness; and\n- (b) mark a vote on the ballot paper in accordance with section 33 ; and\n- (c) place the ballot paper in the envelope and seal the envelope; and\n- (d) either— (i) give the envelope to a member of the commission’s staff at a pre-poll voting office before the polling day or at a polling booth on the polling day; or (ii) post or send the envelope, or give it to another person to post or send, to the commission or the returning officer.\n- (i) give the envelope to a member of the commission’s staff at a pre-poll voting office before the polling day or at a polling booth on the polling day; or\n- (ii) post or send the envelope, or give it to another person to post or send, to the commission or the returning officer.\n- (i) give the envelope to a member of the commission’s staff at a pre-poll voting office before the polling day or at a polling booth on the polling day; or\n- (ii) post or send the envelope, or give it to another person to post or send, to the commission or the returning officer.\n- (a) if it is given before the polling day—send the envelope to the appropriate returning officer or put the envelope in a ballot box at the office; or\n- (b) if it is given on the polling day—put the envelope in a ballot box at the polling booth.","sortOrder":46},{"sectionNumber":"sec.31","sectionType":"section","heading":"Electoral visitor voting","content":"### sec.31 Electoral visitor voting\n\nAn electoral visitor voter may give a request to vote as an electoral visitor voter to the commission or returning officer.\nThe request—\nmust—\nbe in writing; and\nbe in the approved form; and\nstate the address the electoral visitor is to visit; and\nmay be given to the commission or returning officer by the elector or someone else.\nIf the request is received not later than 7p.m. on the Wednesday before the polling day for the referendum, the commission or the returning officer must ensure that an issuing officer visits the elector to enable the person to vote.\nThe issuing officer must visit the elector at a reasonable hour—\nbefore the polling day; or\nbefore 6p.m. on the polling day.\nWhen visiting the elector, the issuing officer must—\ntake to the elector—\na ballot paper; and\na ballot box; and\nanything else necessary to enable the elector to vote; and\nif a scrutineer wishes—be accompanied by the scrutineer.\nThe issuing officer must ensure, as far as practicable, section 22 is complied with when the elector votes.\nThe elector may ask a person to help the elector, but only in the following ways—\nby acting as an interpreter;\nby explaining the ballot paper and the requirements of section 33 about its marking;\nby marking, or helping the elector to mark, the ballot paper in the way the elector wishes;\nby folding the ballot paper and putting it in the ballot box.\nThe elector may make an ordinary vote or declaration vote.\ns 31 amd 2015 No. 35 s 22 ; 2019 No. 31 s 95\n(sec.31-ssec.1) An electoral visitor voter may give a request to vote as an electoral visitor voter to the commission or returning officer.\n(sec.31-ssec.2) The request— must— be in writing; and be in the approved form; and state the address the electoral visitor is to visit; and may be given to the commission or returning officer by the elector or someone else.\n(sec.31-ssec.3) If the request is received not later than 7p.m. on the Wednesday before the polling day for the referendum, the commission or the returning officer must ensure that an issuing officer visits the elector to enable the person to vote.\n(sec.31-ssec.4) The issuing officer must visit the elector at a reasonable hour— before the polling day; or before 6p.m. on the polling day.\n(sec.31-ssec.5) When visiting the elector, the issuing officer must— take to the elector— a ballot paper; and a ballot box; and anything else necessary to enable the elector to vote; and if a scrutineer wishes—be accompanied by the scrutineer.\n(sec.31-ssec.6) The issuing officer must ensure, as far as practicable, section 22 is complied with when the elector votes.\n(sec.31-ssec.7) The elector may ask a person to help the elector, but only in the following ways— by acting as an interpreter; by explaining the ballot paper and the requirements of section 33 about its marking; by marking, or helping the elector to mark, the ballot paper in the way the elector wishes; by folding the ballot paper and putting it in the ballot box.\n(sec.31-ssec.8) The elector may make an ordinary vote or declaration vote.\n- (a) must— (i) be in writing; and (ii) be in the approved form; and (iii) state the address the electoral visitor is to visit; and\n- (i) be in writing; and\n- (ii) be in the approved form; and\n- (iii) state the address the electoral visitor is to visit; and\n- (b) may be given to the commission or returning officer by the elector or someone else.\n- (i) be in writing; and\n- (ii) be in the approved form; and\n- (iii) state the address the electoral visitor is to visit; and\n- (a) before the polling day; or\n- (b) before 6p.m. on the polling day.\n- (a) take to the elector— (i) a ballot paper; and (ii) a ballot box; and (iii) anything else necessary to enable the elector to vote; and\n- (i) a ballot paper; and\n- (ii) a ballot box; and\n- (iii) anything else necessary to enable the elector to vote; and\n- (b) if a scrutineer wishes—be accompanied by the scrutineer.\n- (i) a ballot paper; and\n- (ii) a ballot box; and\n- (iii) anything else necessary to enable the elector to vote; and\n- (a) by acting as an interpreter;\n- (b) by explaining the ballot paper and the requirements of section 33 about its marking;\n- (c) by marking, or helping the elector to mark, the ballot paper in the way the elector wishes;\n- (d) by folding the ballot paper and putting it in the ballot box.","sortOrder":47},{"sectionNumber":"sec.32","sectionType":"section","heading":"Making a declaration vote in cases of uncertain identity","content":"### sec.32 Making a declaration vote in cases of uncertain identity\n\nIf section 22 (7) or 24C (7) applies for a person who is an elector or a person claiming to be an elector, the issuing officer must give the person a declaration envelope.\nThe declaration envelope must have on it the following questions—\n‘Are you the same person whose name appears as [ here the issuing officer must write the name of the particular elector and the number appearing on the electoral roll for the name ]?’\n‘Have you already voted, either here or elsewhere, at this referendum?’\nThe person must write answers to the questions on the envelope, sign the envelope and have the signature witnessed by the issuing officer.\nThe issuing officer must keep the envelope and tell the person that he or she is not entitled to vote, if the person does not answer the questions or answers in either or both of the following ways—\nin the negative to the question in subsection (2) (a) ;\nin the affirmative to the question in subsection (2) (b) .\nThe person must then leave the polling place.\nIf subsection (4) does not apply, the issuing officer must give the person a ballot paper.\nThe person must, without delay—\ngo alone to an unoccupied voting compartment at the polling place; and\nthere, in private, mark a vote on the ballot paper in accordance with section 33 ; and\nplace the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling place; and\nleave the polling place.\nSections 23 and 24 apply to the making of a vote under this section in the same way, with any necessary changes, as they apply to the making of a vote under section 22 .\ns 32 amd 2015 No. 35 s 23\n(sec.32-ssec.1) If section 22 (7) or 24C (7) applies for a person who is an elector or a person claiming to be an elector, the issuing officer must give the person a declaration envelope.\n(sec.32-ssec.2) The declaration envelope must have on it the following questions— ‘Are you the same person whose name appears as [ here the issuing officer must write the name of the particular elector and the number appearing on the electoral roll for the name ]?’ ‘Have you already voted, either here or elsewhere, at this referendum?’\n(sec.32-ssec.3) The person must write answers to the questions on the envelope, sign the envelope and have the signature witnessed by the issuing officer.\n(sec.32-ssec.4) The issuing officer must keep the envelope and tell the person that he or she is not entitled to vote, if the person does not answer the questions or answers in either or both of the following ways— in the negative to the question in subsection (2) (a) ; in the affirmative to the question in subsection (2) (b) .\n(sec.32-ssec.5) The person must then leave the polling place.\n(sec.32-ssec.6) If subsection (4) does not apply, the issuing officer must give the person a ballot paper.\n(sec.32-ssec.7) The person must, without delay— go alone to an unoccupied voting compartment at the polling place; and there, in private, mark a vote on the ballot paper in accordance with section 33 ; and place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling place; and leave the polling place.\n(sec.32-ssec.8) Sections 23 and 24 apply to the making of a vote under this section in the same way, with any necessary changes, as they apply to the making of a vote under section 22 .\n- (a) ‘Are you the same person whose name appears as [ here the issuing officer must write the name of the particular elector and the number appearing on the electoral roll for the name ]?’\n- (b) ‘Have you already voted, either here or elsewhere, at this referendum?’\n- (a) in the negative to the question in subsection (2) (a) ;\n- (b) in the affirmative to the question in subsection (2) (b) .\n- (a) go alone to an unoccupied voting compartment at the polling place; and\n- (b) there, in private, mark a vote on the ballot paper in accordance with section 33 ; and\n- (c) place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling place; and\n- (d) leave the polling place.","sortOrder":48},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Who may make an electronically assisted vote","content":"### sec.32A Who may make an electronically assisted vote\n\nAn elector may make an electronically assisted vote if—\nthe elector can not vote without assistance because the elector has—\nan impairment; or\nan insufficient level of literacy; or\nthe elector can not vote at a polling booth because of an impairment; or\nthe elector is a member of a class of elector prescribed by a regulation for this section.\nan elector whose address, as shown on an electoral roll, is more than 20km by the nearest practical route from a polling booth\nan elector who will not, throughout ordinary voting hours on polling day, be within Queensland\ns 32A ins 2015 No. 35 s 24\n- (a) the elector can not vote without assistance because the elector has— (i) an impairment; or (ii) an insufficient level of literacy; or\n- (i) an impairment; or\n- (ii) an insufficient level of literacy; or\n- (b) the elector can not vote at a polling booth because of an impairment; or\n- (c) the elector is a member of a class of elector prescribed by a regulation for this section. Examples of a class of elector— • an elector whose address, as shown on an electoral roll, is more than 20km by the nearest practical route from a polling booth • an elector who will not, throughout ordinary voting hours on polling day, be within Queensland\n- • an elector whose address, as shown on an electoral roll, is more than 20km by the nearest practical route from a polling booth\n- • an elector who will not, throughout ordinary voting hours on polling day, be within Queensland\n- (i) an impairment; or\n- (ii) an insufficient level of literacy; or\n- • an elector whose address, as shown on an electoral roll, is more than 20km by the nearest practical route from a polling booth\n- • an elector who will not, throughout ordinary voting hours on polling day, be within Queensland","sortOrder":49},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Prescribed procedures for electronically assisted voting","content":"### sec.32B Prescribed procedures for electronically assisted voting\n\nThe commission may make procedures about how an elector may make an electronically assisted vote for a referendum.\nThe procedures must provide for the following—\nthe registration of electors who may make an electronically assisted vote for a referendum under section 32A ;\nthe authentication of each electronically assisted vote;\nthe recording of each elector who uses electronically assisted voting;\nensuring the secrecy of each electronically assisted vote;\nthe secure transmission of each electronically assisted vote to the electoral commissioner, and secure storage of each electronically assisted vote by the commissioner, until printing;\nthe printing, for scrutiny and counting, of a ballot paper for each electronically assisted vote;\nthe secure delivery of each printed ballot paper to the returning officer for the appropriate electoral district or to the commission.\nThe procedures—\ndo not take effect until approved by a regulation; and\nmust be tabled in the Legislative Assembly with the regulation approving the procedures; and\nmust be published on the commission’s website.\ns 32B ins 2015 No. 35 s 24\n(sec.32B-ssec.1) The commission may make procedures about how an elector may make an electronically assisted vote for a referendum.\n(sec.32B-ssec.2) The procedures must provide for the following— the registration of electors who may make an electronically assisted vote for a referendum under section 32A ; the authentication of each electronically assisted vote; the recording of each elector who uses electronically assisted voting; ensuring the secrecy of each electronically assisted vote; the secure transmission of each electronically assisted vote to the electoral commissioner, and secure storage of each electronically assisted vote by the commissioner, until printing; the printing, for scrutiny and counting, of a ballot paper for each electronically assisted vote; the secure delivery of each printed ballot paper to the returning officer for the appropriate electoral district or to the commission.\n(sec.32B-ssec.3) The procedures— do not take effect until approved by a regulation; and must be tabled in the Legislative Assembly with the regulation approving the procedures; and must be published on the commission’s website.\n- (a) the registration of electors who may make an electronically assisted vote for a referendum under section 32A ;\n- (b) the authentication of each electronically assisted vote;\n- (c) the recording of each elector who uses electronically assisted voting;\n- (d) ensuring the secrecy of each electronically assisted vote;\n- (e) the secure transmission of each electronically assisted vote to the electoral commissioner, and secure storage of each electronically assisted vote by the commissioner, until printing;\n- (f) the printing, for scrutiny and counting, of a ballot paper for each electronically assisted vote;\n- (g) the secure delivery of each printed ballot paper to the returning officer for the appropriate electoral district or to the commission.\n- (a) do not take effect until approved by a regulation; and\n- (b) must be tabled in the Legislative Assembly with the regulation approving the procedures; and\n- (c) must be published on the commission’s website.","sortOrder":50},{"sectionNumber":"sec.32C","sectionType":"section","heading":"Audit of electronically assisted voting for a referendum","content":"### sec.32C Audit of electronically assisted voting for a referendum\n\nThe commission must appoint an independent person to audit the information technology used under the procedures for electronically assisted voting made under section 32B .\nThe audit must be conducted—\nat least 7 days before the cut-off day for electoral rolls for the referendum; and\nwithin 60 days after the polling day for the referendum.\nA person appointed under subsection (1) must be an individual who is not, and has not ever been, a member of a political party.\nThe person appointed to conduct the audit may make recommendations to the commission to reduce or eliminate risks that could affect the security, accuracy or secrecy of electronically assisted voting.\nA regulation may prescribe requirements about the conduct of an audit under this section.\nIn this section—\npolitical party see the Electoral Act 1992 , schedule 1 .\ns 32C ins 2015 No. 35 s 24\namd 2020 No. 20 s 56 sch 1\n(sec.32C-ssec.1) The commission must appoint an independent person to audit the information technology used under the procedures for electronically assisted voting made under section 32B .\n(sec.32C-ssec.2) The audit must be conducted— at least 7 days before the cut-off day for electoral rolls for the referendum; and within 60 days after the polling day for the referendum.\n(sec.32C-ssec.3) A person appointed under subsection (1) must be an individual who is not, and has not ever been, a member of a political party.\n(sec.32C-ssec.4) The person appointed to conduct the audit may make recommendations to the commission to reduce or eliminate risks that could affect the security, accuracy or secrecy of electronically assisted voting.\n(sec.32C-ssec.5) A regulation may prescribe requirements about the conduct of an audit under this section.\n(sec.32C-ssec.6) In this section— political party see the Electoral Act 1992 , schedule 1 .\n- (a) at least 7 days before the cut-off day for electoral rolls for the referendum; and\n- (b) within 60 days after the polling day for the referendum.","sortOrder":51},{"sectionNumber":"sec.32D","sectionType":"section","heading":"Protection of information technology","content":"### sec.32D Protection of information technology\n\nA person must not disclose to another person a source code or other computer software relating to electronically assisted voting, unless the person is authorised to do so under—\nthe procedures made under section 32B ; or\nan agreement entered into by the person with the electoral commissioner.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nA person must not, without reasonable excuse, destroy or interfere with a computer program, data file or electronic device used for or in connection with electronically assisted voting.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 32D ins 2015 No. 35 s 24\n(sec.32D-ssec.1) A person must not disclose to another person a source code or other computer software relating to electronically assisted voting, unless the person is authorised to do so under— the procedures made under section 32B ; or an agreement entered into by the person with the electoral commissioner. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.32D-ssec.2) A person must not, without reasonable excuse, destroy or interfere with a computer program, data file or electronic device used for or in connection with electronically assisted voting. Maximum penalty—100 penalty units or 2 years imprisonment.\n- (a) the procedures made under section 32B ; or\n- (b) an agreement entered into by the person with the electoral commissioner.","sortOrder":52},{"sectionNumber":"sec.32E","sectionType":"section","heading":"Electoral commissioner may decide electronically assisted voting is not to be used","content":"### sec.32E Electoral commissioner may decide electronically assisted voting is not to be used\n\nThe electoral commissioner may decide that electronically assisted voting is not to be used—\nat a particular referendum; or\nby a class of electors at a particular referendum.\nThe electoral commissioner’s decision must be in writing and published on the commission’s website.\ns 32E ins 2015 No. 35 s 24\n(sec.32E-ssec.1) The electoral commissioner may decide that electronically assisted voting is not to be used— at a particular referendum; or by a class of electors at a particular referendum.\n(sec.32E-ssec.2) The electoral commissioner’s decision must be in writing and published on the commission’s website.\n- (a) at a particular referendum; or\n- (b) by a class of electors at a particular referendum.","sortOrder":53},{"sectionNumber":"sec.32F","sectionType":"section","heading":"Review of electronically assisted voting","content":"### sec.32F Review of electronically assisted voting\n\nOn the request of the Minister following a referendum, the electoral commissioner must conduct—\na review of the use of electronically assisted voting for the referendum; and\nan investigation into extending the use of electronically assisted voting to other electors for future referendums.\nA report on the review and investigation must be given to the Minister.\nThe Minister must, within 14 days after receiving the report, table the report in the Legislative Assembly.\ns 32F ins 2015 No. 35 s 24\n(sec.32F-ssec.1) On the request of the Minister following a referendum, the electoral commissioner must conduct— a review of the use of electronically assisted voting for the referendum; and an investigation into extending the use of electronically assisted voting to other electors for future referendums.\n(sec.32F-ssec.2) A report on the review and investigation must be given to the Minister.\n(sec.32F-ssec.3) The Minister must, within 14 days after receiving the report, table the report in the Legislative Assembly.\n- (a) a review of the use of electronically assisted voting for the referendum; and\n- (b) an investigation into extending the use of electronically assisted voting to other electors for future referendums.","sortOrder":54},{"sectionNumber":"sec.33","sectionType":"section","heading":"How electors must vote","content":"### sec.33 How electors must vote\n\nAn elector must vote in accordance with—\nif the elector votes using electronically assisted voting—the procedures approved under section 32B (3) ; or\notherwise— subsection (2) or (3) .\nIf the elector approves of the Bill or question submitted to electors at the referendum, the elector may—\nplace a tick √ in the space provided opposite the word ‘YES’ in the space provided on the ballot paper; or\nwrite the word ‘YES’ in the square opposite the word ‘YES’ on the ballot paper; or\notherwise mark the ballot paper in a way that clearly and unambiguously indicates the voter approves of the Bill or question.\nIf the elector does not approve of the Bill or question, the elector may—\nplace a tick √ in the space provided opposite the word ‘NO’ in the space provided on the ballot paper; or\nwrite the word ‘NO’ in the square opposite the word ‘NO’ on the ballot paper; or\notherwise mark the ballot paper in a way that clearly and unambiguously indicates the voter does not approve of the Bill or question.\ns 33 amd 2015 No. 35 s 25\n(sec.33-ssec.1) An elector must vote in accordance with— if the elector votes using electronically assisted voting—the procedures approved under section 32B (3) ; or otherwise— subsection (2) or (3) .\n(sec.33-ssec.2) If the elector approves of the Bill or question submitted to electors at the referendum, the elector may— place a tick √ in the space provided opposite the word ‘YES’ in the space provided on the ballot paper; or write the word ‘YES’ in the square opposite the word ‘YES’ on the ballot paper; or otherwise mark the ballot paper in a way that clearly and unambiguously indicates the voter approves of the Bill or question.\n(sec.33-ssec.3) If the elector does not approve of the Bill or question, the elector may— place a tick √ in the space provided opposite the word ‘NO’ in the space provided on the ballot paper; or write the word ‘NO’ in the square opposite the word ‘NO’ on the ballot paper; or otherwise mark the ballot paper in a way that clearly and unambiguously indicates the voter does not approve of the Bill or question.\n- (a) if the elector votes using electronically assisted voting—the procedures approved under section 32B (3) ; or\n- (b) otherwise— subsection (2) or (3) .\n- (a) place a tick √ in the space provided opposite the word ‘YES’ in the space provided on the ballot paper; or\n- (b) write the word ‘YES’ in the square opposite the word ‘YES’ on the ballot paper; or\n- (c) otherwise mark the ballot paper in a way that clearly and unambiguously indicates the voter approves of the Bill or question.\n- (a) place a tick √ in the space provided opposite the word ‘NO’ in the space provided on the ballot paper; or\n- (b) write the word ‘NO’ in the square opposite the word ‘NO’ on the ballot paper; or\n- (c) otherwise mark the ballot paper in a way that clearly and unambiguously indicates the voter does not approve of the Bill or question.","sortOrder":55},{"sectionNumber":"sec.34","sectionType":"section","heading":"Formal and informal ballot papers","content":"### sec.34 Formal and informal ballot papers\n\nFor a ballot paper to have effect to indicate a vote—\nthe ballot paper must contain writing that is in accordance with section 33 ; and\nthe ballot paper must not contain any writing or mark by which the elector can be identified; and\nthe ballot paper must have been put into a ballot box by the elector as required by this Act; and\nif the ballot paper was put into a declaration envelope as required by this Act—the envelope must have been signed, and the signature must have been witnessed, as required by this Act.\nSubsection (1) (d) does not apply to the witnessing of a signature if—\nthe person required to witness the signature was a member of the commission’s staff; and\nthe person certifies in writing to the returning officer that the envelope was signed by the elector concerned.\nIf a ballot paper has effect to indicate a vote, it is a formal ballot paper.\nIf a ballot paper does not have effect to indicate a vote, it is an informal ballot paper.\n(sec.34-ssec.1) For a ballot paper to have effect to indicate a vote— the ballot paper must contain writing that is in accordance with section 33 ; and the ballot paper must not contain any writing or mark by which the elector can be identified; and the ballot paper must have been put into a ballot box by the elector as required by this Act; and if the ballot paper was put into a declaration envelope as required by this Act—the envelope must have been signed, and the signature must have been witnessed, as required by this Act.\n(sec.34-ssec.2) Subsection (1) (d) does not apply to the witnessing of a signature if— the person required to witness the signature was a member of the commission’s staff; and the person certifies in writing to the returning officer that the envelope was signed by the elector concerned.\n(sec.34-ssec.3) If a ballot paper has effect to indicate a vote, it is a formal ballot paper.\n(sec.34-ssec.4) If a ballot paper does not have effect to indicate a vote, it is an informal ballot paper.\n- (a) the ballot paper must contain writing that is in accordance with section 33 ; and\n- (b) the ballot paper must not contain any writing or mark by which the elector can be identified; and\n- (c) the ballot paper must have been put into a ballot box by the elector as required by this Act; and\n- (d) if the ballot paper was put into a declaration envelope as required by this Act—the envelope must have been signed, and the signature must have been witnessed, as required by this Act.\n- (a) the person required to witness the signature was a member of the commission’s staff; and\n- (b) the person certifies in writing to the returning officer that the envelope was signed by the elector concerned.","sortOrder":56},{"sectionNumber":"sec.34A","sectionType":"section","heading":"Replacement ballot paper issued at polling place","content":"### sec.34A Replacement ballot paper issued at polling place\n\nThis section applies if, while voting at a polling place, an elector—\nsatisfies an issuing officer that—\na ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to make a vote; and\nthe spoilt ballot paper has not been put in a ballot box in the polling place; and\nthe elector has not voted in the election; and\ngives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.\nThe issuing officer must give the elector another ballot paper.\nThe issuing officer must also—\nplace the spoilt ballot paper in an envelope and seal the envelope; and\nkeep the envelope for separate identification under section 38 .\ns 34A ins 2019 No. 31 s 96\n(sec.34A-ssec.1) This section applies if, while voting at a polling place, an elector— satisfies an issuing officer that— a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to make a vote; and the spoilt ballot paper has not been put in a ballot box in the polling place; and the elector has not voted in the election; and gives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.\n(sec.34A-ssec.2) The issuing officer must give the elector another ballot paper.\n(sec.34A-ssec.3) The issuing officer must also— place the spoilt ballot paper in an envelope and seal the envelope; and keep the envelope for separate identification under section 38 .\n- (a) satisfies an issuing officer that— (i) a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to make a vote; and (ii) the spoilt ballot paper has not been put in a ballot box in the polling place; and (iii) the elector has not voted in the election; and\n- (i) a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to make a vote; and\n- (ii) the spoilt ballot paper has not been put in a ballot box in the polling place; and\n- (iii) the elector has not voted in the election; and\n- (b) gives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.\n- (i) a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to make a vote; and\n- (ii) the spoilt ballot paper has not been put in a ballot box in the polling place; and\n- (iii) the elector has not voted in the election; and\n- (a) place the spoilt ballot paper in an envelope and seal the envelope; and\n- (b) keep the envelope for separate identification under section 38 .","sortOrder":57},{"sectionNumber":"sec.34B","sectionType":"section","heading":"Replacement ballot paper issued to postal voter","content":"### sec.34B Replacement ballot paper issued to postal voter\n\nThis section applies if a ballot paper for a referendum and declaration envelope is sent to an elector under section 30 and either—\nthe elector does not receive the ballot paper and declaration envelope; or\nthe ballot paper (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to make a declaration vote.\nThe elector may ask the commission or returning officer for a replacement ballot paper.\nIf the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper is to be sent.\nAn issuing officer must—\nif the elector makes the request in person— give another ballot paper and declaration envelope to the elector; or\npost, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.\nWhen the elector makes a declaration vote under subdivision 2 , the elector must make the declaration on the declaration envelope that states—\nthe ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and\nthe elector has not otherwise voted in the election.\nThe commission and returning officers must keep a record of all ballot papers and declaration envelopes given or sent under this section.\ns 34B ins 2019 No. 31 s 96\n(sec.34B-ssec.1) This section applies if a ballot paper for a referendum and declaration envelope is sent to an elector under section 30 and either— the elector does not receive the ballot paper and declaration envelope; or the ballot paper (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to make a declaration vote.\n(sec.34B-ssec.2) The elector may ask the commission or returning officer for a replacement ballot paper.\n(sec.34B-ssec.3) If the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper is to be sent.\n(sec.34B-ssec.4) An issuing officer must— if the elector makes the request in person— give another ballot paper and declaration envelope to the elector; or post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.\n(sec.34B-ssec.5) When the elector makes a declaration vote under subdivision 2 , the elector must make the declaration on the declaration envelope that states— the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and the elector has not otherwise voted in the election.\n(sec.34B-ssec.6) The commission and returning officers must keep a record of all ballot papers and declaration envelopes given or sent under this section.\n- (a) the elector does not receive the ballot paper and declaration envelope; or\n- (b) the ballot paper (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to make a declaration vote.\n- (a) if the elector makes the request in person— give another ballot paper and declaration envelope to the elector; or\n- (b) post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.\n- (a) the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and\n- (b) the elector has not otherwise voted in the election.","sortOrder":58},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Counting of votes","content":"## Counting of votes","sortOrder":59},{"sectionNumber":"sec.35","sectionType":"section","heading":"Votes to be counted in accordance with division","content":"### sec.35 Votes to be counted in accordance with division\n\nVotes in a referendum are to be counted in accordance with this division.","sortOrder":60},{"sectionNumber":"sec.36","sectionType":"section","heading":"Preliminary processing of declaration envelopes and ballot papers","content":"### sec.36 Preliminary processing of declaration envelopes and ballot papers\n\nThe commission or the returning officer for each electoral district must ensure that members of the commission’s staff examine all declaration envelopes received by the commission or returning officer to decide whether the ballot papers in them are to be accepted for counting.\nA ballot paper must be accepted for counting only if the person examining the declaration envelope is satisfied that—\nthe elector concerned was entitled to vote at the referendum; and\nthe declaration was signed and witnessed before the end of voting hours on the polling day for the referendum; and\nif the declaration on the envelope was witnessed by a person other than a member of the commission’s staff— the requirements of section 30 (8) (d) were complied with; and\nif the ballot paper is in a declaration envelope received by post—the envelope was received before 6p.m. on the 10th day after the polling day for the referendum.\nIf the ballot paper is accepted, the person must take it out of the envelope and, without unfolding it or allowing another person to unfold it, put it in—\nif the envelope was received by the returning officer and not sent to the commission to be dealt with under this section—a sealed ballot box; and\nif the envelope was received by the commission—a sealed ballot box in which ballot papers for the appropriate electoral district, and no other ballot papers, are placed.\nIf a declaration envelope received by a returning officer is for a different electoral district, it must be sent to the commission or the appropriate returning officer without being examined under this section.\nIf a declaration envelope is received by an office of the commission, it must be sent to the returning officer for the district for which the elector is enrolled without being examined under this section.\nMembers of the commission’s staff must also seal up in separate parcels, and keep, all unopened envelopes and all opened envelopes.\nThe commission or returning officer must take reasonable steps to advise all members of the times when, and places where, declaration envelopes will be examined under this section.\nDeclaration envelopes may be examined under this section before or after polling day for the referendum.\nIn this section—\nmember means a member of the Legislative Assembly on the day the writ for the referendum is issued.\ns 36 amd 2015 No. 35 s 26 ; 2019 No. 31 s 97\n(sec.36-ssec.1) The commission or the returning officer for each electoral district must ensure that members of the commission’s staff examine all declaration envelopes received by the commission or returning officer to decide whether the ballot papers in them are to be accepted for counting.\n(sec.36-ssec.2) A ballot paper must be accepted for counting only if the person examining the declaration envelope is satisfied that— the elector concerned was entitled to vote at the referendum; and the declaration was signed and witnessed before the end of voting hours on the polling day for the referendum; and if the declaration on the envelope was witnessed by a person other than a member of the commission’s staff— the requirements of section 30 (8) (d) were complied with; and if the ballot paper is in a declaration envelope received by post—the envelope was received before 6p.m. on the 10th day after the polling day for the referendum.\n(sec.36-ssec.3) If the ballot paper is accepted, the person must take it out of the envelope and, without unfolding it or allowing another person to unfold it, put it in— if the envelope was received by the returning officer and not sent to the commission to be dealt with under this section—a sealed ballot box; and if the envelope was received by the commission—a sealed ballot box in which ballot papers for the appropriate electoral district, and no other ballot papers, are placed.\n(sec.36-ssec.4) If a declaration envelope received by a returning officer is for a different electoral district, it must be sent to the commission or the appropriate returning officer without being examined under this section.\n(sec.36-ssec.5) If a declaration envelope is received by an office of the commission, it must be sent to the returning officer for the district for which the elector is enrolled without being examined under this section.\n(sec.36-ssec.6) Members of the commission’s staff must also seal up in separate parcels, and keep, all unopened envelopes and all opened envelopes.\n(sec.36-ssec.7) The commission or returning officer must take reasonable steps to advise all members of the times when, and places where, declaration envelopes will be examined under this section.\n(sec.36-ssec.8) Declaration envelopes may be examined under this section before or after polling day for the referendum.\n(sec.36-ssec.9) In this section— member means a member of the Legislative Assembly on the day the writ for the referendum is issued.\n- (a) the elector concerned was entitled to vote at the referendum; and\n- (b) the declaration was signed and witnessed before the end of voting hours on the polling day for the referendum; and\n- (c) if the declaration on the envelope was witnessed by a person other than a member of the commission’s staff— the requirements of section 30 (8) (d) were complied with; and\n- (d) if the ballot paper is in a declaration envelope received by post—the envelope was received before 6p.m. on the 10th day after the polling day for the referendum.\n- (a) if the envelope was received by the returning officer and not sent to the commission to be dealt with under this section—a sealed ballot box; and\n- (b) if the envelope was received by the commission—a sealed ballot box in which ballot papers for the appropriate electoral district, and no other ballot papers, are placed.","sortOrder":61},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Saving of ballot papers not in declaration envelopes","content":"### sec.36A Saving of ballot papers not in declaration envelopes\n\nThis section applies if—\nthe commission or the returning officer for an electoral district receives an envelope (an outer envelope ) containing a ballot paper and a declaration envelope; but\nthe ballot paper is not in the declaration envelope.\nMembers of the commission’s staff must—\nexamine the contents of the outer envelope under section 36 to determine whether the ballot paper in the outer envelope is to be accepted for counting; and\ndeal with the ballot paper in the outer envelope under section 36 as if the ballot paper had been in the declaration envelope.\ns 36A ins 2023 No. 23 s 205\n(sec.36A-ssec.1) This section applies if— the commission or the returning officer for an electoral district receives an envelope (an outer envelope ) containing a ballot paper and a declaration envelope; but the ballot paper is not in the declaration envelope.\n(sec.36A-ssec.2) Members of the commission’s staff must— examine the contents of the outer envelope under section 36 to determine whether the ballot paper in the outer envelope is to be accepted for counting; and deal with the ballot paper in the outer envelope under section 36 as if the ballot paper had been in the declaration envelope.\n- (a) the commission or the returning officer for an electoral district receives an envelope (an outer envelope ) containing a ballot paper and a declaration envelope; but\n- (b) the ballot paper is not in the declaration envelope.\n- (a) examine the contents of the outer envelope under section 36 to determine whether the ballot paper in the outer envelope is to be accepted for counting; and\n- (b) deal with the ballot paper in the outer envelope under section 36 as if the ballot paper had been in the declaration envelope.","sortOrder":62},{"sectionNumber":"sec.37","sectionType":"section","heading":"Preliminary and official counting of votes","content":"### sec.37 Preliminary and official counting of votes\n\nThe commission must arrange for votes to be counted—\non the polling day for the referendum—in accordance with section 38 ; and\nafter the polling day for the referendum—in accordance with section 39 ; and\nin accordance with the procedures made under section 41A .\ns 37 amd 2019 No. 31 s 98\n- (a) on the polling day for the referendum—in accordance with section 38 ; and\n- (b) after the polling day for the referendum—in accordance with section 39 ; and\n- (c) in accordance with the procedures made under section 41A .","sortOrder":63},{"sectionNumber":"sec.38","sectionType":"section","heading":"Preliminary counting of ordinary votes","content":"### sec.38 Preliminary counting of ordinary votes\n\nAs soon as practicable after the end of ordinary voting hours on the polling day for the referendum, the member of the commission’s staff in charge of a polling booth must ensure that the commission’s staff at the polling place follow the procedures—\nstated in subsection (2) ; and\nmade under section 41A .\nThe staff must—\nopen all ballot boxes at the polling booth, including ballot boxes in which ballot papers from declaration envelopes have been placed under section 36 (3) ; and\nidentify and keep in separate parcels for each different electoral district—\nall formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\nall declaration envelopes; and\nall informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\nfor each electoral district for which ordinary votes are to be counted at the polling booth—\narrange, count and keep in separate parcels—\nall yes votes; and\nall no votes; and\nall informal ballot papers; and\nprepare and sign a statement, in the approved form, setting out—\nthe number of yes votes; and\nthe number of no votes; and\nthe number of informal ballot papers; and\nadvise the returning officer for the electoral district of the contents of the statement; and\nfor each electoral district to which paragraph (c) does not apply, identify and keep in a separate parcel—\nall formal ballot papers, including ballot papers printed for electronically assisted votes; and\nall informal ballot papers, including ballot papers printed for electronically assisted votes; and\nfor each separate parcel of ballot papers or declaration envelopes—\nseal the parcel; and\nwrite on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and\nsign the description; and\nif a scrutineer wishes to countersign the description—allow the scrutineer to do so; and\nsend the parcels, and the statement mentioned in subsection (2) (c) (ii) , to the returning officer for the appropriate electoral district.\nHowever, if the poll was for more than 1 referendum, the staff must make up the ballot papers into separate sealed parcels in the way the commission directs.\nAlso, the staff must—\nidentify all envelopes containing spoilt ballot papers for each different electoral district; and\nkeep the envelopes in a separate parcel; and\ndeal with the parcel in the way stated in subsection (2) (e) and (f) as if the reference in that subsection to ballot papers were a reference to envelopes containing spoilt ballot papers.\nThis section also applies, in the way stated in subsection (6) , to the following votes received by the commission—\nvotes received under section 36 for an electoral district;\npre-poll votes for an electoral district made at a pre-poll voting office;\nballot papers printed for electronically assisted votes at a place other than a polling booth.\nThis section applies to the votes mentioned in subsection (5) in the same way it would apply if an office of the commission, or a pre-poll voting office, were a polling booth for an electoral district—\nto the extent it is reasonably practicable to count the votes on polling day; and\nsubject to any changes prescribed by regulation and any other necessary changes.\ns 38 amd 2015 No. 35 s 27\nsub 2019 No. 31 s 99\n(sec.38-ssec.1) As soon as practicable after the end of ordinary voting hours on the polling day for the referendum, the member of the commission’s staff in charge of a polling booth must ensure that the commission’s staff at the polling place follow the procedures— stated in subsection (2) ; and made under section 41A .\n(sec.38-ssec.2) The staff must— open all ballot boxes at the polling booth, including ballot boxes in which ballot papers from declaration envelopes have been placed under section 36 (3) ; and identify and keep in separate parcels for each different electoral district— all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and all declaration envelopes; and all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and for each electoral district for which ordinary votes are to be counted at the polling booth— arrange, count and keep in separate parcels— all yes votes; and all no votes; and all informal ballot papers; and prepare and sign a statement, in the approved form, setting out— the number of yes votes; and the number of no votes; and the number of informal ballot papers; and advise the returning officer for the electoral district of the contents of the statement; and for each electoral district to which paragraph (c) does not apply, identify and keep in a separate parcel— all formal ballot papers, including ballot papers printed for electronically assisted votes; and all informal ballot papers, including ballot papers printed for electronically assisted votes; and for each separate parcel of ballot papers or declaration envelopes— seal the parcel; and write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and sign the description; and if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and send the parcels, and the statement mentioned in subsection (2) (c) (ii) , to the returning officer for the appropriate electoral district.\n(sec.38-ssec.3) However, if the poll was for more than 1 referendum, the staff must make up the ballot papers into separate sealed parcels in the way the commission directs.\n(sec.38-ssec.4) Also, the staff must— identify all envelopes containing spoilt ballot papers for each different electoral district; and keep the envelopes in a separate parcel; and deal with the parcel in the way stated in subsection (2) (e) and (f) as if the reference in that subsection to ballot papers were a reference to envelopes containing spoilt ballot papers.\n(sec.38-ssec.5) This section also applies, in the way stated in subsection (6) , to the following votes received by the commission— votes received under section 36 for an electoral district; pre-poll votes for an electoral district made at a pre-poll voting office; ballot papers printed for electronically assisted votes at a place other than a polling booth.\n(sec.38-ssec.6) This section applies to the votes mentioned in subsection (5) in the same way it would apply if an office of the commission, or a pre-poll voting office, were a polling booth for an electoral district— to the extent it is reasonably practicable to count the votes on polling day; and subject to any changes prescribed by regulation and any other necessary changes.\n- (a) stated in subsection (2) ; and\n- (b) made under section 41A .\n- (a) open all ballot boxes at the polling booth, including ballot boxes in which ballot papers from declaration envelopes have been placed under section 36 (3) ; and\n- (b) identify and keep in separate parcels for each different electoral district— (i) all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and (ii) all declaration envelopes; and (iii) all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\n- (i) all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\n- (ii) all declaration envelopes; and\n- (iii) all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\n- (c) for each electoral district for which ordinary votes are to be counted at the polling booth— (i) arrange, count and keep in separate parcels— (A) all yes votes; and (B) all no votes; and (C) all informal ballot papers; and (ii) prepare and sign a statement, in the approved form, setting out— (A) the number of yes votes; and (B) the number of no votes; and (C) the number of informal ballot papers; and (iii) advise the returning officer for the electoral district of the contents of the statement; and\n- (i) arrange, count and keep in separate parcels— (A) all yes votes; and (B) all no votes; and (C) all informal ballot papers; and\n- (A) all yes votes; and\n- (B) all no votes; and\n- (C) all informal ballot papers; and\n- (ii) prepare and sign a statement, in the approved form, setting out— (A) the number of yes votes; and (B) the number of no votes; and (C) the number of informal ballot papers; and\n- (A) the number of yes votes; and\n- (B) the number of no votes; and\n- (C) the number of informal ballot papers; and\n- (iii) advise the returning officer for the electoral district of the contents of the statement; and\n- (d) for each electoral district to which paragraph (c) does not apply, identify and keep in a separate parcel— (i) all formal ballot papers, including ballot papers printed for electronically assisted votes; and (ii) all informal ballot papers, including ballot papers printed for electronically assisted votes; and\n- (i) all formal ballot papers, including ballot papers printed for electronically assisted votes; and\n- (ii) all informal ballot papers, including ballot papers printed for electronically assisted votes; and\n- (e) for each separate parcel of ballot papers or declaration envelopes— (i) seal the parcel; and (ii) write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and (iii) sign the description; and (iv) if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and\n- (i) seal the parcel; and\n- (ii) write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and\n- (iii) sign the description; and\n- (iv) if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and\n- (f) send the parcels, and the statement mentioned in subsection (2) (c) (ii) , to the returning officer for the appropriate electoral district.\n- (i) all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\n- (ii) all declaration envelopes; and\n- (iii) all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\n- (i) arrange, count and keep in separate parcels— (A) all yes votes; and (B) all no votes; and (C) all informal ballot papers; and\n- (A) all yes votes; and\n- (B) all no votes; and\n- (C) all informal ballot papers; and\n- (ii) prepare and sign a statement, in the approved form, setting out— (A) the number of yes votes; and (B) the number of no votes; and (C) the number of informal ballot papers; and\n- (A) the number of yes votes; and\n- (B) the number of no votes; and\n- (C) the number of informal ballot papers; and\n- (iii) advise the returning officer for the electoral district of the contents of the statement; and\n- (A) all yes votes; and\n- (B) all no votes; and\n- (C) all informal ballot papers; and\n- (A) the number of yes votes; and\n- (B) the number of no votes; and\n- (C) the number of informal ballot papers; and\n- (i) all formal ballot papers, including ballot papers printed for electronically assisted votes; and\n- (ii) all informal ballot papers, including ballot papers printed for electronically assisted votes; and\n- (i) seal the parcel; and\n- (ii) write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and\n- (iii) sign the description; and\n- (iv) if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and\n- (a) identify all envelopes containing spoilt ballot papers for each different electoral district; and\n- (b) keep the envelopes in a separate parcel; and\n- (c) deal with the parcel in the way stated in subsection (2) (e) and (f) as if the reference in that subsection to ballot papers were a reference to envelopes containing spoilt ballot papers.\n- (a) votes received under section 36 for an electoral district;\n- (b) pre-poll votes for an electoral district made at a pre-poll voting office;\n- (c) ballot papers printed for electronically assisted votes at a place other than a polling booth.\n- (a) to the extent it is reasonably practicable to count the votes on polling day; and\n- (b) subject to any changes prescribed by regulation and any other necessary changes.","sortOrder":64},{"sectionNumber":"sec.39","sectionType":"section","heading":"Official counting of votes","content":"### sec.39 Official counting of votes\n\nAs soon as practicable after the polling day for the referendum, the returning officer for each electoral district must ensure that the commission’s staff follow the procedures stated in this section and made under section 41A .\nFirstly, the staff must—\nopen all ballot boxes for the electoral district that have not previously been opened; and\nidentify and keep in separate parcels for each different electoral district—\nall formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\nall declaration envelopes; and\nall informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\nfor each parcel for an electoral district other than the returning officer’s electoral district—\nseal the parcel; and\nwrite on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and\nsign the description; and\nif a scrutineer wishes to countersign the description—allow the scrutineer to do so; and\nsend the parcels to the returning officer for the appropriate electoral district.\nSecondly, the staff must—\nopen—\nthe parcels mentioned in subsection (2) (b) for the returning officer’s electoral district; and\nall sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 38 ; and\nfollow the procedures set out in section 36 for all declaration envelopes; and\narrange all yes votes, no votes and informal ballot papers not in declaration envelopes; and\ncount the yes votes, no votes and informal ballot papers.\nThirdly, the staff must—\nopen all ballot boxes on hand in which ballot papers from declaration envelopes have been placed under section 36 (3) ; and\narrange all yes votes, no votes and informal ballot papers; and\ncount the yes votes, no votes and informal ballot papers; and\nreapply paragraphs (a) to (c) as more ballot papers are placed in ballot boxes under section 36 (3) , until there are no more ballot papers required to be placed in ballot boxes under that section.\ns 39 amd 2015 No. 35 s 28 ; 2019 No. 31 s 100\n(sec.39-ssec.1) As soon as practicable after the polling day for the referendum, the returning officer for each electoral district must ensure that the commission’s staff follow the procedures stated in this section and made under section 41A .\n(sec.39-ssec.2) Firstly, the staff must— open all ballot boxes for the electoral district that have not previously been opened; and identify and keep in separate parcels for each different electoral district— all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and all declaration envelopes; and all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and for each parcel for an electoral district other than the returning officer’s electoral district— seal the parcel; and write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and sign the description; and if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and send the parcels to the returning officer for the appropriate electoral district.\n(sec.39-ssec.3) Secondly, the staff must— open— the parcels mentioned in subsection (2) (b) for the returning officer’s electoral district; and all sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 38 ; and follow the procedures set out in section 36 for all declaration envelopes; and arrange all yes votes, no votes and informal ballot papers not in declaration envelopes; and count the yes votes, no votes and informal ballot papers.\n(sec.39-ssec.4) Thirdly, the staff must— open all ballot boxes on hand in which ballot papers from declaration envelopes have been placed under section 36 (3) ; and arrange all yes votes, no votes and informal ballot papers; and count the yes votes, no votes and informal ballot papers; and reapply paragraphs (a) to (c) as more ballot papers are placed in ballot boxes under section 36 (3) , until there are no more ballot papers required to be placed in ballot boxes under that section.\n- (a) open all ballot boxes for the electoral district that have not previously been opened; and\n- (b) identify and keep in separate parcels for each different electoral district— (i) all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and (ii) all declaration envelopes; and (iii) all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\n- (i) all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\n- (ii) all declaration envelopes; and\n- (iii) all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\n- (c) for each parcel for an electoral district other than the returning officer’s electoral district— (i) seal the parcel; and (ii) write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and (iii) sign the description; and (iv) if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and\n- (i) seal the parcel; and\n- (ii) write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and\n- (iii) sign the description; and\n- (iv) if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and\n- (d) send the parcels to the returning officer for the appropriate electoral district.\n- (i) all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\n- (ii) all declaration envelopes; and\n- (iii) all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and\n- (i) seal the parcel; and\n- (ii) write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and\n- (iii) sign the description; and\n- (iv) if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and\n- (a) open— (i) the parcels mentioned in subsection (2) (b) for the returning officer’s electoral district; and (ii) all sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 38 ; and\n- (i) the parcels mentioned in subsection (2) (b) for the returning officer’s electoral district; and\n- (ii) all sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 38 ; and\n- (b) follow the procedures set out in section 36 for all declaration envelopes; and\n- (c) arrange all yes votes, no votes and informal ballot papers not in declaration envelopes; and\n- (d) count the yes votes, no votes and informal ballot papers.\n- (i) the parcels mentioned in subsection (2) (b) for the returning officer’s electoral district; and\n- (ii) all sealed parcels of ballot papers and declaration envelopes sent to the returning officer under section 38 ; and\n- (a) open all ballot boxes on hand in which ballot papers from declaration envelopes have been placed under section 36 (3) ; and\n- (b) arrange all yes votes, no votes and informal ballot papers; and\n- (c) count the yes votes, no votes and informal ballot papers; and\n- (d) reapply paragraphs (a) to (c) as more ballot papers are placed in ballot boxes under section 36 (3) , until there are no more ballot papers required to be placed in ballot boxes under that section.","sortOrder":65},{"sectionNumber":"sec.40","sectionType":"section","heading":"Objections by scrutineers","content":"### sec.40 Objections by scrutineers\n\nIf, while a member of the commission’s staff is complying with section 38 or 39 , a scrutineer objects to the staff member’s treatment of a ballot paper as informal, the staff member must mark on the back of it ‘formal’ or ‘informal’ according to whether the staff member’s decision is to treat it as formal or informal.\nIf, while a member of the commission’s staff is complying with section 38 or 39 , a scrutineer objects to the counting of a ballot paper as a yes vote or a no vote, the staff member must mark on the back of the relevant ballot paper whether the ballot paper has been counted as a yes vote or a no vote or rejected as informal.\n(sec.40-ssec.1) If, while a member of the commission’s staff is complying with section 38 or 39 , a scrutineer objects to the staff member’s treatment of a ballot paper as informal, the staff member must mark on the back of it ‘formal’ or ‘informal’ according to whether the staff member’s decision is to treat it as formal or informal.\n(sec.40-ssec.2) If, while a member of the commission’s staff is complying with section 38 or 39 , a scrutineer objects to the counting of a ballot paper as a yes vote or a no vote, the staff member must mark on the back of the relevant ballot paper whether the ballot paper has been counted as a yes vote or a no vote or rejected as informal.","sortOrder":66},{"sectionNumber":"sec.41","sectionType":"section","heading":"Recounting of votes","content":"### sec.41 Recounting of votes\n\nAt any time before the writ is returned to the Governor, the commission may direct the returning officer, or another member of the commission’s staff, to recount some or all of the ballot papers for the referendum.\nA person carrying out a recount of ballot papers must, so far as practicable, ensure the requirements of section 39 are complied with.\nA returning officer or an assistant returning officer must act in accordance with any directions given by the commission.\n(sec.41-ssec.1) At any time before the writ is returned to the Governor, the commission may direct the returning officer, or another member of the commission’s staff, to recount some or all of the ballot papers for the referendum.\n(sec.41-ssec.2) A person carrying out a recount of ballot papers must, so far as practicable, ensure the requirements of section 39 are complied with.\n(sec.41-ssec.3) A returning officer or an assistant returning officer must act in accordance with any directions given by the commission.","sortOrder":67},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Prescribed procedures for counting of absentee votes","content":"### sec.41A Prescribed procedures for counting of absentee votes\n\nThe commission must make procedures about how, subject to this division, absentee votes at a referendum are to be counted.\nThe procedures must provide for—\nthe circumstances in which absentee votes are counted at a polling booth under section 38 ; and\nensuring absentee votes are counted at polling places in a way that does not compromise the secrecy of voting; and\nthe secure delivery of sealed ballot boxes, and sealed parcels of ballot papers and declaration envelopes, containing absentee votes to the returning officer for the appropriate electoral district or the commission; and\nthe arrangements for scrutineers to be present when absentee votes are counted and their roles and responsibilities.\nThe procedures—\ndo not take effect until approved by a regulation; and\nmust be tabled in the Legislative Assembly with the regulation approving the procedures; and\nmust be published on the commission’s website.\nIn this section—\nabsentee vote means an ordinary vote made by an elector at a polling booth that is not located in the elector’s electoral district.\ns 41A ins 2019 No. 31 s 101\n(sec.41A-ssec.1) The commission must make procedures about how, subject to this division, absentee votes at a referendum are to be counted.\n(sec.41A-ssec.2) The procedures must provide for— the circumstances in which absentee votes are counted at a polling booth under section 38 ; and ensuring absentee votes are counted at polling places in a way that does not compromise the secrecy of voting; and the secure delivery of sealed ballot boxes, and sealed parcels of ballot papers and declaration envelopes, containing absentee votes to the returning officer for the appropriate electoral district or the commission; and the arrangements for scrutineers to be present when absentee votes are counted and their roles and responsibilities.\n(sec.41A-ssec.3) The procedures— do not take effect until approved by a regulation; and must be tabled in the Legislative Assembly with the regulation approving the procedures; and must be published on the commission’s website.\n(sec.41A-ssec.4) In this section— absentee vote means an ordinary vote made by an elector at a polling booth that is not located in the elector’s electoral district.\n- (a) the circumstances in which absentee votes are counted at a polling booth under section 38 ; and\n- (b) ensuring absentee votes are counted at polling places in a way that does not compromise the secrecy of voting; and\n- (c) the secure delivery of sealed ballot boxes, and sealed parcels of ballot papers and declaration envelopes, containing absentee votes to the returning officer for the appropriate electoral district or the commission; and\n- (d) the arrangements for scrutineers to be present when absentee votes are counted and their roles and responsibilities.\n- (a) do not take effect until approved by a regulation; and\n- (b) must be tabled in the Legislative Assembly with the regulation approving the procedures; and\n- (c) must be published on the commission’s website.","sortOrder":68},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Notifying the results of a referendum","content":"## Notifying the results of a referendum","sortOrder":69},{"sectionNumber":"sec.42","sectionType":"section","heading":"Notifying the results of a referendum","content":"### sec.42 Notifying the results of a referendum\n\nAs soon as practicable after the result of the count under section 39 (including that section as applied under section 41 ) for a referendum, the returning officer for the electoral district must notify the commission of—\nthe total number of yes votes; and\nthe total number of no votes; and\nthe total number of informal ballot papers.\nA returning officer must not delay complying with subsection (1) because ballot papers have not been received if it is clear, on the advice of the commission, the outstanding ballot papers could not possibly affect the referendum result.\nHowever, if more than 1 referendum is held on the same day, a returning officer may delay advising the results of the counts for all referendums if, on the advice of the commission, any outstanding ballot papers could possibly affect the result of 1 or more of the referendums.\ns 42 amd 2010 No. 42 s 214 sch\n(sec.42-ssec.1) As soon as practicable after the result of the count under section 39 (including that section as applied under section 41 ) for a referendum, the returning officer for the electoral district must notify the commission of— the total number of yes votes; and the total number of no votes; and the total number of informal ballot papers.\n(sec.42-ssec.2) A returning officer must not delay complying with subsection (1) because ballot papers have not been received if it is clear, on the advice of the commission, the outstanding ballot papers could not possibly affect the referendum result.\n(sec.42-ssec.3) However, if more than 1 referendum is held on the same day, a returning officer may delay advising the results of the counts for all referendums if, on the advice of the commission, any outstanding ballot papers could possibly affect the result of 1 or more of the referendums.\n- (a) the total number of yes votes; and\n- (b) the total number of no votes; and\n- (c) the total number of informal ballot papers.","sortOrder":70},{"sectionNumber":"sec.43","sectionType":"section","heading":"Return of writ for referendum","content":"### sec.43 Return of writ for referendum\n\nAs soon as practicable after the commission has received notice under section 42 (1) from the returning officers for all electoral districts and before the day for the return of the writ, the commission must comply with subsection (2) .\nThe commission must—\non receipt of the count from each of the returning officers for a referendum, work out the total number of yes votes and no votes and write the totals on the writ; and\nwrite on the writ whether or not the Bill or question has been approved by a majority of the electors voting; and\nreturn the writ to the Governor; and\npublish in the gazette the referendum result.\nPublication in the gazette of the referendum result is evidence of the referendum result.\n(sec.43-ssec.1) As soon as practicable after the commission has received notice under section 42 (1) from the returning officers for all electoral districts and before the day for the return of the writ, the commission must comply with subsection (2) .\n(sec.43-ssec.2) The commission must— on receipt of the count from each of the returning officers for a referendum, work out the total number of yes votes and no votes and write the totals on the writ; and write on the writ whether or not the Bill or question has been approved by a majority of the electors voting; and return the writ to the Governor; and publish in the gazette the referendum result.\n(sec.43-ssec.3) Publication in the gazette of the referendum result is evidence of the referendum result.\n- (a) on receipt of the count from each of the returning officers for a referendum, work out the total number of yes votes and no votes and write the totals on the writ; and\n- (b) write on the writ whether or not the Bill or question has been approved by a majority of the electors voting; and\n- (c) return the writ to the Governor; and\n- (d) publish in the gazette the referendum result.","sortOrder":71},{"sectionNumber":"sec.44","sectionType":"section","heading":"Notice of failure to vote","content":"### sec.44 Notice of failure to vote\n\nThe commission may, as soon as practicable after a referendum, send a notice to each elector who appears to have failed to vote at the referendum stating the following—\nthe elector appears to have failed to vote at the referendum;\nit is an offence to fail, without a valid and sufficient reason, to vote at a referendum;\nthe elector may, if the elector considers he or she has committed the offence, pay 1 / 2 a penalty unit (the penalty ) to the commission by a stated day, not earlier than 21 days after the elector received the notice (the appropriate day );\nif the commission receives the payment by the appropriate day, no further steps will be taken against the elector about the offence;\nif the elector intends paying the penalty by the appropriate day, the elector is required—\nto sign the appropriate form for payment of the penalty; and\nto include payment of the penalty; and\nto give the form and payment to the commission by the appropriate day;\nif the elector does not intend paying the penalty by the appropriate day, the elector is required—\nto state, in a form included in or with the notice, whether the elector voted; and\nif the elector failed to vote, to state in the form the reason for failing to vote; and\nto give the form to the commission by the appropriate day.\nThe elector must comply with the requirements of the notice.\nAn elector is taken to have complied with the requirements if—\nthe elector is absent or unable, because of physical incapacity, to comply with the requirements of the notice; and\nanother elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed.\nAs soon as practicable after a referendum, the commission must send a notice to each person who made a declaration vote under section 26 (c) , but whose ballot paper was not accepted for counting under section 36 (1) , advising the person why the ballot paper was not accepted for counting.\n(sec.44-ssec.1) The commission may, as soon as practicable after a referendum, send a notice to each elector who appears to have failed to vote at the referendum stating the following— the elector appears to have failed to vote at the referendum; it is an offence to fail, without a valid and sufficient reason, to vote at a referendum; the elector may, if the elector considers he or she has committed the offence, pay 1 / 2 a penalty unit (the penalty ) to the commission by a stated day, not earlier than 21 days after the elector received the notice (the appropriate day ); if the commission receives the payment by the appropriate day, no further steps will be taken against the elector about the offence; if the elector intends paying the penalty by the appropriate day, the elector is required— to sign the appropriate form for payment of the penalty; and to include payment of the penalty; and to give the form and payment to the commission by the appropriate day; if the elector does not intend paying the penalty by the appropriate day, the elector is required— to state, in a form included in or with the notice, whether the elector voted; and if the elector failed to vote, to state in the form the reason for failing to vote; and to give the form to the commission by the appropriate day.\n(sec.44-ssec.2) The elector must comply with the requirements of the notice.\n(sec.44-ssec.3) An elector is taken to have complied with the requirements if— the elector is absent or unable, because of physical incapacity, to comply with the requirements of the notice; and another elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed.\n(sec.44-ssec.4) As soon as practicable after a referendum, the commission must send a notice to each person who made a declaration vote under section 26 (c) , but whose ballot paper was not accepted for counting under section 36 (1) , advising the person why the ballot paper was not accepted for counting.\n- (a) the elector appears to have failed to vote at the referendum;\n- (b) it is an offence to fail, without a valid and sufficient reason, to vote at a referendum;\n- (c) the elector may, if the elector considers he or she has committed the offence, pay 1 / 2 a penalty unit (the penalty ) to the commission by a stated day, not earlier than 21 days after the elector received the notice (the appropriate day );\n- (d) if the commission receives the payment by the appropriate day, no further steps will be taken against the elector about the offence;\n- (e) if the elector intends paying the penalty by the appropriate day, the elector is required— (i) to sign the appropriate form for payment of the penalty; and (ii) to include payment of the penalty; and (iii) to give the form and payment to the commission by the appropriate day;\n- (i) to sign the appropriate form for payment of the penalty; and\n- (ii) to include payment of the penalty; and\n- (iii) to give the form and payment to the commission by the appropriate day;\n- (f) if the elector does not intend paying the penalty by the appropriate day, the elector is required— (i) to state, in a form included in or with the notice, whether the elector voted; and (ii) if the elector failed to vote, to state in the form the reason for failing to vote; and (iii) to give the form to the commission by the appropriate day.\n- (i) to state, in a form included in or with the notice, whether the elector voted; and\n- (ii) if the elector failed to vote, to state in the form the reason for failing to vote; and\n- (iii) to give the form to the commission by the appropriate day.\n- (i) to sign the appropriate form for payment of the penalty; and\n- (ii) to include payment of the penalty; and\n- (iii) to give the form and payment to the commission by the appropriate day;\n- (i) to state, in a form included in or with the notice, whether the elector voted; and\n- (ii) if the elector failed to vote, to state in the form the reason for failing to vote; and\n- (iii) to give the form to the commission by the appropriate day.\n- (a) the elector is absent or unable, because of physical incapacity, to comply with the requirements of the notice; and\n- (b) another elector who has personal knowledge of the facts complies with the requirements and in doing so also has his or her signature on the form witnessed.","sortOrder":72},{"sectionNumber":"sec.45","sectionType":"section","heading":"Payments for failure to vote","content":"### sec.45 Payments for failure to vote\n\nIf the commission sends a person a notice under section 44 (1) for a referendum and the person makes payment to the commission under the subsection, the commission must—\naccept the payment; and\ngive the person a receipt for the payment; and\nnot take any proceeding against the person for failing to vote at the referendum.\nIn this section—\nproceeding includes serving an infringement notice under the State Penalties Enforcement Act 1999 .\ns 45 amd 1999 No. 70 s 166 sch 1\n(sec.45-ssec.1) If the commission sends a person a notice under section 44 (1) for a referendum and the person makes payment to the commission under the subsection, the commission must— accept the payment; and give the person a receipt for the payment; and not take any proceeding against the person for failing to vote at the referendum.\n(sec.45-ssec.2) In this section— proceeding includes serving an infringement notice under the State Penalties Enforcement Act 1999 .\n- (a) accept the payment; and\n- (b) give the person a receipt for the payment; and\n- (c) not take any proceeding against the person for failing to vote at the referendum.","sortOrder":73},{"sectionNumber":"sec.46","sectionType":"section","heading":"Storage of ballot papers and declaration envelopes","content":"### sec.46 Storage of ballot papers and declaration envelopes\n\nThe commission must keep the following material for a referendum for the period that applies under subsection (2) —\nformal and informal ballot papers for the referendum;\ncertified copies of electoral rolls;\ndeclaration envelopes.\nFor subsection (1) , the period starts on the polling day for the referendum and ends on the latest of the following days—\nthe day that is 1 year after the polling day;\nif the material relates to an application to dispute a referendum or an appeal—the day on which—\nthe application is withdrawn; or\nif the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or\nif the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or\nthe appeal is decided, dismissed or withdrawn;\nif the commission has authorised a person, including, for example, a person who conducts research at a university, to use the materials for analysis or research—the day on which—\nthe person finishes the analysis or research; or\nthe person no longer requires the materials for the analysis or research; or\nthe commission withdraws the authorisation.\nHowever, the commission must comply with any order by a court, or any request by the commissioner of the police service, to hand over, allow access to or give copies of any ballot papers or declaration envelopes.\nIn this section—\nappeal means an appeal started under part 5 , division 2 .\napplication to dispute a referendum means an application to dispute a referendum under part 5 , division 1 .\ns 46 amd 2019 No. 31 s 102\n(sec.46-ssec.1) The commission must keep the following material for a referendum for the period that applies under subsection (2) — formal and informal ballot papers for the referendum; certified copies of electoral rolls; declaration envelopes.\n(sec.46-ssec.2) For subsection (1) , the period starts on the polling day for the referendum and ends on the latest of the following days— the day that is 1 year after the polling day; if the material relates to an application to dispute a referendum or an appeal—the day on which— the application is withdrawn; or if the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or if the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or the appeal is decided, dismissed or withdrawn; if the commission has authorised a person, including, for example, a person who conducts research at a university, to use the materials for analysis or research—the day on which— the person finishes the analysis or research; or the person no longer requires the materials for the analysis or research; or the commission withdraws the authorisation.\n(sec.46-ssec.3) However, the commission must comply with any order by a court, or any request by the commissioner of the police service, to hand over, allow access to or give copies of any ballot papers or declaration envelopes.\n(sec.46-ssec.4) In this section— appeal means an appeal started under part 5 , division 2 . application to dispute a referendum means an application to dispute a referendum under part 5 , division 1 .\n- (a) formal and informal ballot papers for the referendum;\n- (b) certified copies of electoral rolls;\n- (c) declaration envelopes.\n- (a) the day that is 1 year after the polling day;\n- (b) if the material relates to an application to dispute a referendum or an appeal—the day on which— (i) the application is withdrawn; or (ii) if the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or (iii) if the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or (iv) the appeal is decided, dismissed or withdrawn;\n- (i) the application is withdrawn; or\n- (ii) if the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or\n- (iii) if the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or\n- (iv) the appeal is decided, dismissed or withdrawn;\n- (c) if the commission has authorised a person, including, for example, a person who conducts research at a university, to use the materials for analysis or research—the day on which— (i) the person finishes the analysis or research; or (ii) the person no longer requires the materials for the analysis or research; or (iii) the commission withdraws the authorisation.\n- (i) the person finishes the analysis or research; or\n- (ii) the person no longer requires the materials for the analysis or research; or\n- (iii) the commission withdraws the authorisation.\n- (i) the application is withdrawn; or\n- (ii) if the application is decided and an appeal from the decision has not been started—the time for starting an appeal from the decision ends; or\n- (iii) if the application is dismissed and an appeal from the decision or order to dismiss the application has not been started—the time for starting an appeal from the decision or order ends; or\n- (iv) the appeal is decided, dismissed or withdrawn;\n- (i) the person finishes the analysis or research; or\n- (ii) the person no longer requires the materials for the analysis or research; or\n- (iii) the commission withdraws the authorisation.","sortOrder":74},{"sectionNumber":"pt.5","sectionType":"part","heading":"Disputed returns","content":"# Disputed returns","sortOrder":75},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Disputing referendums","content":"## Disputing referendums","sortOrder":76},{"sectionNumber":"sec.47","sectionType":"section","heading":"Referendum may be disputed under this part","content":"### sec.47 Referendum may be disputed under this part\n\nThe result of a referendum may be disputed by an application to the Court of Disputed Returns under this division or an appeal under division 2 .\nThe result may not be disputed in any other way.\ns 47 amd 2001 No. 25 s 17\n(sec.47-ssec.1) The result of a referendum may be disputed by an application to the Court of Disputed Returns under this division or an appeal under division 2 .\n(sec.47-ssec.2) The result may not be disputed in any other way.","sortOrder":77},{"sectionNumber":"sec.48","sectionType":"section","heading":"Who may dispute the referendum","content":"### sec.48 Who may dispute the referendum\n\nThe result of a referendum may be disputed by—\na member; or\nthe commission; or\nan elector.\n- (a) a member; or\n- (b) the commission; or\n- (c) an elector.","sortOrder":78},{"sectionNumber":"sec.49","sectionType":"section","heading":"Requirements for an application to be effective","content":"### sec.49 Requirements for an application to be effective\n\nFor an application to have effect for this division, the requirements of this section must be complied with.\nThe application must—\nstate the facts relied on to dispute the referendum result; and\nstate the order sought from the court; and\nbe signed by—\nfor an application by the commission—the electoral commissioner; and\nfor an application by a member or elector—the member or elector, before a witness; and\nif paragraph (c) (ii) applies—contain the signature, occupation and address of the witness.\nThe person disputing the referendum result must—\nfile the application with the Supreme Court registry in Brisbane within 7 days after the day on which the writ for the referendum is returned as mentioned in section 43 (2) (c) ; and\nwhen filing the application, deposit with the court—\n$400; or\nif a greater amount is prescribed under a regulation—that amount.\nSubsections (1) and (2) do not, by implication, prevent the amendment of the application.\ns 49 amd 2001 No. 25 s 15 sch 2 ; 2007 No. 37 s 146\n(sec.49-ssec.1) For an application to have effect for this division, the requirements of this section must be complied with.\n(sec.49-ssec.2) The application must— state the facts relied on to dispute the referendum result; and state the order sought from the court; and be signed by— for an application by the commission—the electoral commissioner; and for an application by a member or elector—the member or elector, before a witness; and if paragraph (c) (ii) applies—contain the signature, occupation and address of the witness.\n(sec.49-ssec.3) The person disputing the referendum result must— file the application with the Supreme Court registry in Brisbane within 7 days after the day on which the writ for the referendum is returned as mentioned in section 43 (2) (c) ; and when filing the application, deposit with the court— $400; or if a greater amount is prescribed under a regulation—that amount.\n(sec.49-ssec.4) Subsections (1) and (2) do not, by implication, prevent the amendment of the application.\n- (a) state the facts relied on to dispute the referendum result; and\n- (b) state the order sought from the court; and\n- (c) be signed by— (i) for an application by the commission—the electoral commissioner; and (ii) for an application by a member or elector—the member or elector, before a witness; and\n- (i) for an application by the commission—the electoral commissioner; and\n- (ii) for an application by a member or elector—the member or elector, before a witness; and\n- (d) if paragraph (c) (ii) applies—contain the signature, occupation and address of the witness.\n- (i) for an application by the commission—the electoral commissioner; and\n- (ii) for an application by a member or elector—the member or elector, before a witness; and\n- (a) file the application with the Supreme Court registry in Brisbane within 7 days after the day on which the writ for the referendum is returned as mentioned in section 43 (2) (c) ; and\n- (b) when filing the application, deposit with the court— (i) $400; or (ii) if a greater amount is prescribed under a regulation—that amount.\n- (i) $400; or\n- (ii) if a greater amount is prescribed under a regulation—that amount.\n- (i) $400; or\n- (ii) if a greater amount is prescribed under a regulation—that amount.","sortOrder":79},{"sectionNumber":"sec.50","sectionType":"section","heading":"Copies of application to be given to clerk of the Parliament and commission","content":"### sec.50 Copies of application to be given to clerk of the Parliament and commission\n\nThe registrar of the Supreme Court must give a copy of the application to—\nthe clerk of the Parliament; and\nthe commission, unless the commission filed the application.\ns 50 amd 2001 No. 25 s 15 sch 2 ; 2007 No. 37 s 147\n- (a) the clerk of the Parliament; and\n- (b) the commission, unless the commission filed the application.","sortOrder":80},{"sectionNumber":"sec.51","sectionType":"section","heading":"Application to court for order relating to documents etc.","content":"### sec.51 Application to court for order relating to documents etc.\n\nThe applicant may apply to the court for an order requiring the commission to give the court stated documents and other things held by the commission in relation to the referendum.\nThe court may make the order about the application it considers appropriate.\ns 51 amd 2001 No. 25 s 15 sch 2\n(sec.51-ssec.1) The applicant may apply to the court for an order requiring the commission to give the court stated documents and other things held by the commission in relation to the referendum.\n(sec.51-ssec.2) The court may make the order about the application it considers appropriate.","sortOrder":81},{"sectionNumber":"sec.52","sectionType":"section","heading":"Parties to application","content":"### sec.52 Parties to application\n\nThe parties to an application are the person who filed it and any respondent under this section.\nThe commission is a respondent to any application by another person under this division.\nThe court may join a member, on the member’s application, as respondent under this section.\ns 52 amd 2001 No. 25 s 15 sch 2\n(sec.52-ssec.1) The parties to an application are the person who filed it and any respondent under this section.\n(sec.52-ssec.2) The commission is a respondent to any application by another person under this division.\n(sec.52-ssec.3) The court may join a member, on the member’s application, as respondent under this section.","sortOrder":82},{"sectionNumber":"sec.53","sectionType":"section","heading":"How application is to be dealt with by court","content":"### sec.53 How application is to be dealt with by court\n\nThe court may conduct hearings and other proceedings in relation to the application.\nThe court is not bound by technicalities, legal forms or rules of evidence.\nThe court must deal with the application as quickly as is reasonable in the circumstances.\nIn giving effect to subsection (3) , the court must use its best efforts to ensure that—\nthe proceeding begins within 28 days after the application is filed; and\nthe court’s final orders are given within 14 days after the end of the proceeding.\nDespite subsections (3) and (4) , the court must give all parties to the proceeding at least 10 days notice before it begins the proceeding.\nThe rules of court of the Supreme Court may include provision, not inconsistent with this division, about the practices and procedures of the Court of Disputed Returns.\nWithout limiting subsection (6) , the rules of court may make provision regarding the withdrawal of applications, the consequences of the death of applicants and the substitution of applicants in these circumstances.\ns 53 amd 2001 No. 25 ss 18 , 15 sch 2\n(sec.53-ssec.1) The court may conduct hearings and other proceedings in relation to the application.\n(sec.53-ssec.2) The court is not bound by technicalities, legal forms or rules of evidence.\n(sec.53-ssec.3) The court must deal with the application as quickly as is reasonable in the circumstances.\n(sec.53-ssec.4) In giving effect to subsection (3) , the court must use its best efforts to ensure that— the proceeding begins within 28 days after the application is filed; and the court’s final orders are given within 14 days after the end of the proceeding.\n(sec.53-ssec.5) Despite subsections (3) and (4) , the court must give all parties to the proceeding at least 10 days notice before it begins the proceeding.\n(sec.53-ssec.6) The rules of court of the Supreme Court may include provision, not inconsistent with this division, about the practices and procedures of the Court of Disputed Returns.\n(sec.53-ssec.7) Without limiting subsection (6) , the rules of court may make provision regarding the withdrawal of applications, the consequences of the death of applicants and the substitution of applicants in these circumstances.\n- (a) the proceeding begins within 28 days after the application is filed; and\n- (b) the court’s final orders are given within 14 days after the end of the proceeding.","sortOrder":83},{"sectionNumber":"sec.54","sectionType":"section","heading":"Application for dismissal of application disputing referendum","content":"### sec.54 Application for dismissal of application disputing referendum\n\nThe commission may apply to the court for an order dismissing the application disputing the referendum on the ground that there has been excessive delay by the applicant in relation to the application.\nThe court may make the order on the application under subsection (1) that the court considers appropriate.\ns 54 sub 2001 No. 25 s 15 sch 2\n(sec.54-ssec.1) The commission may apply to the court for an order dismissing the application disputing the referendum on the ground that there has been excessive delay by the applicant in relation to the application.\n(sec.54-ssec.2) The court may make the order on the application under subsection (1) that the court considers appropriate.","sortOrder":84},{"sectionNumber":"sec.55","sectionType":"section","heading":"Powers of the court","content":"### sec.55 Powers of the court\n\nThe court may make any order or exercise any power in relation to the application that the court considers just and equitable.\nThe orders may include any of the following—\nan order to the effect that the referendum as conducted is invalid;\nan order to the effect that the referendum result as endorsed on the writ is invalid;\nan order to the effect that the referendum result as endorsed on the writ is reversed;\nan order to dismiss or uphold the application in whole or part.\nHowever, the court may not order a new referendum be conducted.\nTo remove doubt, it is declared that the court may order the opening of a sealed declaration vote envelope.\nHowever, the court must ensure, as far as practicable, the secrecy of the ballot is maintained.\nThis section is subject to sections 56 and 57 .\ns 55 amd 2001 No. 25 s 15 sch 2\n(sec.55-ssec.1) The court may make any order or exercise any power in relation to the application that the court considers just and equitable.\n(sec.55-ssec.2) The orders may include any of the following— an order to the effect that the referendum as conducted is invalid; an order to the effect that the referendum result as endorsed on the writ is invalid; an order to the effect that the referendum result as endorsed on the writ is reversed; an order to dismiss or uphold the application in whole or part.\n(sec.55-ssec.3) However, the court may not order a new referendum be conducted.\n(sec.55-ssec.4) To remove doubt, it is declared that the court may order the opening of a sealed declaration vote envelope.\n(sec.55-ssec.5) However, the court must ensure, as far as practicable, the secrecy of the ballot is maintained.\n(sec.55-ssec.6) This section is subject to sections 56 and 57 .\n- (a) an order to the effect that the referendum as conducted is invalid;\n- (b) an order to the effect that the referendum result as endorsed on the writ is invalid;\n- (c) an order to the effect that the referendum result as endorsed on the writ is reversed;\n- (d) an order to dismiss or uphold the application in whole or part.","sortOrder":85},{"sectionNumber":"sec.56","sectionType":"section","heading":"Restrictions on certain orders","content":"### sec.56 Restrictions on certain orders\n\nThe court must not make an order mentioned in section 55 (2) because of a delay in complying with the requirements of part 4 , division 3 , 4 or 5 .\nAlso, the court must not make an order under section 55 (2) (other than an order to dismiss the application)—\nbecause of an absence or error of, or omission by, any member of the commission’s staff that appears unlikely to have affected the referendum result; or\nbecause incorrect information an elector gives to an issuing officer is written on a declaration envelope the elector signed.\nIn deciding whether the requirements of subsection (2) are met, the court must not, if it finds that an elector was prevented from voting at the referendum by absence, error or omission, take into account any evidence of the way in which the elector had intended to vote.\ns 56 amd 2001 No. 25 s 15 sch 2\n(sec.56-ssec.1) The court must not make an order mentioned in section 55 (2) because of a delay in complying with the requirements of part 4 , division 3 , 4 or 5 .\n(sec.56-ssec.2) Also, the court must not make an order under section 55 (2) (other than an order to dismiss the application)— because of an absence or error of, or omission by, any member of the commission’s staff that appears unlikely to have affected the referendum result; or because incorrect information an elector gives to an issuing officer is written on a declaration envelope the elector signed.\n(sec.56-ssec.3) In deciding whether the requirements of subsection (2) are met, the court must not, if it finds that an elector was prevented from voting at the referendum by absence, error or omission, take into account any evidence of the way in which the elector had intended to vote.\n- (a) because of an absence or error of, or omission by, any member of the commission’s staff that appears unlikely to have affected the referendum result; or\n- (b) because incorrect information an elector gives to an issuing officer is written on a declaration envelope the elector signed.","sortOrder":86},{"sectionNumber":"sec.57","sectionType":"section","heading":"Restriction on certain evidence and inquiries","content":"### sec.57 Restriction on certain evidence and inquiries\n\nIn a proceeding in relation to the application, the court must not take into account evidence by any person that the person was not permitted to vote during voting hours in relation to a polling place, unless the court is satisfied that, so far as the person was permitted to do so, the person did everything required by this Act to enable the person to vote.\nIn a proceeding in relation to the application, the court—\nmay inquire whether persons voting were enrolled on the electoral roll for the electoral district concerned and whether ballot papers were correctly treated as formal or informal during the counting of votes; but\nmust not inquire whether the electoral roll, or any copy used at the referendum, was in accordance with this Act.\ns 57 amd 2001 No. 25 s 15 sch 2\n(sec.57-ssec.1) In a proceeding in relation to the application, the court must not take into account evidence by any person that the person was not permitted to vote during voting hours in relation to a polling place, unless the court is satisfied that, so far as the person was permitted to do so, the person did everything required by this Act to enable the person to vote.\n(sec.57-ssec.2) In a proceeding in relation to the application, the court— may inquire whether persons voting were enrolled on the electoral roll for the electoral district concerned and whether ballot papers were correctly treated as formal or informal during the counting of votes; but must not inquire whether the electoral roll, or any copy used at the referendum, was in accordance with this Act.\n- (a) may inquire whether persons voting were enrolled on the electoral roll for the electoral district concerned and whether ballot papers were correctly treated as formal or informal during the counting of votes; but\n- (b) must not inquire whether the electoral roll, or any copy used at the referendum, was in accordance with this Act.","sortOrder":87},{"sectionNumber":"sec.58","sectionType":"section","heading":"Referendum not to be disputed because of minor defects or errors","content":"### sec.58 Referendum not to be disputed because of minor defects or errors\n\nA referendum is not liable to be disputed because of—\nany defect in the title, or any want of title, of any person by or before whom a referendum is held, if the person in fact acted at the referendum; or\nany formal error or defect in any declaration or other instrument or in any distribution or publication made under this Act or intended to be made under this Act; or\nany distribution or publication mentioned in paragraph (b) being out of time.\n- (a) any defect in the title, or any want of title, of any person by or before whom a referendum is held, if the person in fact acted at the referendum; or\n- (b) any formal error or defect in any declaration or other instrument or in any distribution or publication made under this Act or intended to be made under this Act; or\n- (c) any distribution or publication mentioned in paragraph (b) being out of time.","sortOrder":88},{"sectionNumber":"sec.59","sectionType":"section","heading":"Copy of final court orders to be sent to clerk of Parliament","content":"### sec.59 Copy of final court orders to be sent to clerk of Parliament\n\nThe registrar of the Supreme Court must arrange for a copy of the court’s final orders to be sent to the clerk of the Parliament as soon as possible after they are made.\ns 59 amd 2007 No. 37 s 148","sortOrder":89},{"sectionNumber":"sec.60","sectionType":"section","heading":"Costs","content":"### sec.60 Costs\n\nThe court may order an unsuccessful party to the application to pay the reasonable costs of the other parties to the application.\nIf costs are awarded against the applicant, the deposit filed with the application must be applied towards payment of the costs.\nIf not, the deposit must be returned to the person.\ns 60 amd 2001 No. 25 s 15 sch 2\n(sec.60-ssec.1) The court may order an unsuccessful party to the application to pay the reasonable costs of the other parties to the application.\n(sec.60-ssec.2) If costs are awarded against the applicant, the deposit filed with the application must be applied towards payment of the costs.\n(sec.60-ssec.3) If not, the deposit must be returned to the person.","sortOrder":90},{"sectionNumber":"sec.61","sectionType":"section","heading":"Decisions and orders to be final etc.","content":"### sec.61 Decisions and orders to be final etc.\n\nSubject to division 2 , a decision of, or order made by, the court about the application—\nis final and conclusive; and\ncan not be appealed against or otherwise called in question on any ground.\ns 61 amd 2001 No. 25 ss 19 , 15 sch 2\n- (a) is final and conclusive; and\n- (b) can not be appealed against or otherwise called in question on any ground.","sortOrder":91},{"sectionNumber":"sec.62","sectionType":"section","heading":"Right of commission to have access to documents","content":"### sec.62 Right of commission to have access to documents\n\nUnless the court otherwise orders, the filing of an application does not deprive the commission of any right to have access to a document for the purpose of performing its functions.\ns 62 amd 2001 No. 25 s 15 sch 2","sortOrder":92},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":93},{"sectionNumber":"sec.62A","sectionType":"section","heading":"Appeal to Court of Appeal on question of law","content":"### sec.62A Appeal to Court of Appeal on question of law\n\nAn appeal lies to the Court of Appeal from any decision of, or order made by, the Court of Disputed Returns on a question of law.\ns 62A ins 2001 No. 25 s 20","sortOrder":94},{"sectionNumber":"sec.62B","sectionType":"section","heading":"Time for appealing","content":"### sec.62B Time for appealing\n\nThe notice of appeal starting the appeal must—\nbe filed within 7 days after the date of the decision or order appealed from; and\nbe served as soon as practicable on all other parties to the appeal.\ns 62B ins 2001 No. 25 s 20\n- (a) be filed within 7 days after the date of the decision or order appealed from; and\n- (b) be served as soon as practicable on all other parties to the appeal.","sortOrder":95},{"sectionNumber":"sec.62C","sectionType":"section","heading":"Commission is a party to appeal","content":"### sec.62C Commission is a party to appeal\n\nThe commission is a party to the appeal, whether or not it is the appellant.\ns 62C ins 2001 No. 25 s 20","sortOrder":96},{"sectionNumber":"sec.62D","sectionType":"section","heading":"How appeal is dealt with by Court of Appeal","content":"### sec.62D How appeal is dealt with by Court of Appeal\n\nIn deciding the appeal, the Court of Appeal—\nis not bound by technicalities, legal forms or rules of evidence; and\nmay use the procedures, whether usual or otherwise, that it considers necessary to enable the appeal to be decided quickly and properly; and\nhas all the powers given to it by the Uniform Civil Procedure Rules 1999 .\nThe court must use its best efforts to ensure that the appeal is heard, and the court’s final decision is made or order is given, as quickly as is reasonable in the circumstances.\ns 62D ins 2001 No. 25 s 20\n(sec.62D-ssec.1) In deciding the appeal, the Court of Appeal— is not bound by technicalities, legal forms or rules of evidence; and may use the procedures, whether usual or otherwise, that it considers necessary to enable the appeal to be decided quickly and properly; and has all the powers given to it by the Uniform Civil Procedure Rules 1999 .\n(sec.62D-ssec.2) The court must use its best efforts to ensure that the appeal is heard, and the court’s final decision is made or order is given, as quickly as is reasonable in the circumstances.\n- (a) is not bound by technicalities, legal forms or rules of evidence; and\n- (b) may use the procedures, whether usual or otherwise, that it considers necessary to enable the appeal to be decided quickly and properly; and\n- (c) has all the powers given to it by the Uniform Civil Procedure Rules 1999 .","sortOrder":97},{"sectionNumber":"sec.62E","sectionType":"section","heading":"Application for dismissal of appeal","content":"### sec.62E Application for dismissal of appeal\n\nA party, other than the appellant, may apply to the Court of Appeal for an order dismissing the appeal on the ground that there has been excessive delay by the appellant in relation to the appeal.\nThe court may make an order on the application it considers appropriate.\ns 62E ins 2001 No. 25 s 20\n(sec.62E-ssec.1) A party, other than the appellant, may apply to the Court of Appeal for an order dismissing the appeal on the ground that there has been excessive delay by the appellant in relation to the appeal.\n(sec.62E-ssec.2) The court may make an order on the application it considers appropriate.","sortOrder":98},{"sectionNumber":"sec.62F","sectionType":"section","heading":"Copy of final court orders to be sent to clerk of Parliament","content":"### sec.62F Copy of final court orders to be sent to clerk of Parliament\n\nThe registrar of the Supreme Court must arrange for a copy of the Court of Appeal’s final orders to be sent to the clerk of the Parliament as soon as possible after they are made.\ns 62F ins 2001 No. 25 s 20\namd 2007 No. 37 s 149","sortOrder":99},{"sectionNumber":"sec.62G","sectionType":"section","heading":"Right of commission to have access to documents","content":"### sec.62G Right of commission to have access to documents\n\nUnless the Court of Appeal otherwise orders, the filing of the notice of appeal does not deprive the commission of any right to have access to a document for the purpose of performing its functions.\ns 62G ins 2001 No. 25 s 20","sortOrder":100},{"sectionNumber":"pt.6","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":101},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Offences in general","content":"## Offences in general","sortOrder":102},{"sectionNumber":"sec.63","sectionType":"section","heading":"Attempts taken to be offences","content":"### sec.63 Attempts taken to be offences\n\nA person who attempts to commit an offence against a provision of this part is taken to have committed the offence.","sortOrder":103},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns 64 om 2002 No. 8 s 66","sortOrder":104},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns 65 om 2002 No. 8 s 66","sortOrder":105},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 om 2002 No. 8 s 66","sortOrder":106},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns 67 om 2002 No. 8 s 66","sortOrder":107},{"sectionNumber":"sec.68","sectionType":"section","heading":"Improperly influencing commission","content":"### sec.68 Improperly influencing commission\n\nA person must not improperly influence the electoral commissioner in the performance of the commission’s duties under this Act.\nMaximum penalty—35 penalty units or 1 year’s imprisonment.","sortOrder":108},{"sectionNumber":"sec.69","sectionType":"section","heading":"Interfering with referendum right or duty","content":"### sec.69 Interfering with referendum right or duty\n\nA person must not hinder or interfere with the free exercise or performance, by another person, of another right or duty under this Act relating to a referendum.\nMaximum penalty—20 penalty units or 6 months imprisonment.","sortOrder":109},{"sectionNumber":"sec.70","sectionType":"section","heading":null,"content":"### Section sec.70\n\ns 70 om 2002 No. 8 s 67","sortOrder":110},{"sectionNumber":"sec.71","sectionType":"section","heading":"Wilful neglect etc. by commission staff","content":"### sec.71 Wilful neglect etc. by commission staff\n\nA senior electoral officer or member of the commission’s staff must not wilfully neglect or fail to perform a duty under this Act.\nMaximum penalty—20 penalty units.","sortOrder":111},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Offences relating to referendum advertising","content":"## Offences relating to referendum advertising","sortOrder":112},{"sectionNumber":"sec.72","sectionType":"section","heading":"Author of referendum matter must be named","content":"### sec.72 Author of referendum matter must be named\n\nA person must not, during a referendum period—\nprint, publish, distribute or broadcast; or\npermit or authorise another person to print, publish, distribute or broadcast;\nany advertisement, handbill, pamphlet or notice containing referendum matter unless there appears, or is stated, at its end the particulars required by subsection (2) .\nMaximum penalty—\nfor an individual—20 penalty units; or\nfor a corporation—85 penalty units.\nThe particulars are the name and address (other than a post office box) of the person who authorised the advertisement, handbill, pamphlet or notice.\nSubsection (1) does not apply to an advertisement—\nthat is printed, published or distributed on a car sticker, T-shirt, lapel button, lapel badge, pen, pencil or balloon; or\nthat is of a kind prescribed under a regulation for this subsection.\nIn this section—\npublish includes publish on the internet, even if the internet site on which the publication is made is located outside Queensland.\ns 72 amd 2019 No. 31 s 103\n(sec.72-ssec.1) A person must not, during a referendum period— print, publish, distribute or broadcast; or permit or authorise another person to print, publish, distribute or broadcast; any advertisement, handbill, pamphlet or notice containing referendum matter unless there appears, or is stated, at its end the particulars required by subsection (2) . Maximum penalty— for an individual—20 penalty units; or for a corporation—85 penalty units.\n(sec.72-ssec.2) The particulars are the name and address (other than a post office box) of the person who authorised the advertisement, handbill, pamphlet or notice.\n(sec.72-ssec.3) Subsection (1) does not apply to an advertisement— that is printed, published or distributed on a car sticker, T-shirt, lapel button, lapel badge, pen, pencil or balloon; or that is of a kind prescribed under a regulation for this subsection.\n(sec.72-ssec.4) In this section— publish includes publish on the internet, even if the internet site on which the publication is made is located outside Queensland.\n- (a) print, publish, distribute or broadcast; or\n- (b) permit or authorise another person to print, publish, distribute or broadcast;\n- (a) for an individual—20 penalty units; or\n- (b) for a corporation—85 penalty units.\n- (a) that is printed, published or distributed on a car sticker, T-shirt, lapel button, lapel badge, pen, pencil or balloon; or\n- (b) that is of a kind prescribed under a regulation for this subsection.","sortOrder":113},{"sectionNumber":"sec.73","sectionType":"section","heading":"Headline to general referendum matter advertisements","content":"### sec.73 Headline to general referendum matter advertisements\n\nIf—\nan article, or a paragraph, containing general referendum matter is printed in the newspaper; and\neither—\nthe insertion of the article or paragraph is or is to be paid for; or\nany reward or compensation, or promise of reward or compensation, is or is to be made for the insertion of the article or paragraph;\nthe proprietor must cause the word ‘advertisement’ to be printed as a headline to the article or paragraph in letters not smaller than 10 point or long primer.\nMaximum penalty—\nfor an individual—10 penalty units; or\nfor a corporation—40 penalty units.\nIn this section—\ngeneral referendum matter means a matter relating to a referendum.\ns 73 amd 2019 No. 31 s 104\n(sec.73-ssec.1) If— an article, or a paragraph, containing general referendum matter is printed in the newspaper; and either— the insertion of the article or paragraph is or is to be paid for; or any reward or compensation, or promise of reward or compensation, is or is to be made for the insertion of the article or paragraph; the proprietor must cause the word ‘advertisement’ to be printed as a headline to the article or paragraph in letters not smaller than 10 point or long primer. Maximum penalty— for an individual—10 penalty units; or for a corporation—40 penalty units.\n(sec.73-ssec.2) In this section— general referendum matter means a matter relating to a referendum.\n- (a) an article, or a paragraph, containing general referendum matter is printed in the newspaper; and\n- (b) either— (i) the insertion of the article or paragraph is or is to be paid for; or (ii) any reward or compensation, or promise of reward or compensation, is or is to be made for the insertion of the article or paragraph;\n- (i) the insertion of the article or paragraph is or is to be paid for; or\n- (ii) any reward or compensation, or promise of reward or compensation, is or is to be made for the insertion of the article or paragraph;\n- (i) the insertion of the article or paragraph is or is to be paid for; or\n- (ii) any reward or compensation, or promise of reward or compensation, is or is to be made for the insertion of the article or paragraph;\n- (a) for an individual—10 penalty units; or\n- (b) for a corporation—40 penalty units.","sortOrder":114},{"sectionNumber":"sec.74","sectionType":"section","heading":"Misleading electors","content":"### sec.74 Misleading electors\n\nA person must not, during a referendum period print, publish, distribute or broadcast anything that is intended or likely to mislead an elector about the way of voting at the referendum.\nMaximum penalty—40 penalty units.\nA person must not, during a referendum period, print, publish, distribute or broadcast by television any representation or purported representation of a ballot paper for use in the referendum if it is likely to induce an elector to vote other than in accordance with this Act.\nMaximum penalty—40 penalty units.\nIn this section—\npublish includes publish on the internet, even if the internet site on which the publication is made is located outside Queensland.\ns 74 amd 2002 No. 8 s 68\n(sec.74-ssec.1) A person must not, during a referendum period print, publish, distribute or broadcast anything that is intended or likely to mislead an elector about the way of voting at the referendum. Maximum penalty—40 penalty units.\n(sec.74-ssec.2) A person must not, during a referendum period, print, publish, distribute or broadcast by television any representation or purported representation of a ballot paper for use in the referendum if it is likely to induce an elector to vote other than in accordance with this Act. Maximum penalty—40 penalty units.\n(sec.74-ssec.3) In this section— publish includes publish on the internet, even if the internet site on which the publication is made is located outside Queensland.","sortOrder":115},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Offences relating to voting etc.","content":"## Offences relating to voting etc.","sortOrder":116},{"sectionNumber":"sec.75","sectionType":"section","heading":"Failure to vote etc.","content":"### sec.75 Failure to vote etc.\n\nAn elector must not—\nfail to vote at a referendum without a valid and sufficient excuse; or\ncontravene section 44 (2) ; or\nstate anything to the commission or the commission’s staff under section 44 the person knows is false or misleading in a material particular.\nMaximum penalty—1 penalty unit.\nWithout limiting subsection (1) (a) , if an elector believes it to be part of the elector’s religious duty not to vote at a referendum, that is a valid and sufficient excuse for failing to vote at a referendum.\nA person may be prosecuted for an offence against subsection (1) (a) only if the person has been sent a notice about the referendum under section 44 .\nIn a proceeding for an offence against subsection (1) (a) , a certificate purporting to be signed by a member of the commission’s staff stating any of the following matters is evidence of the matter—\na referendum happened on a stated day;\nan elector failed to vote at the referendum;\na notice was sent by the commission to the elector under section 44 on a stated day;\na form mentioned in section 44 (1) was not received by the commission from the elector by the day stated under the subsection.\nIf a form is not received by the commission from the elector by the day stated under section 44 (1) , it is evidence the elector failed to vote at the referendum without a valid and sufficient excuse.\nIf a form is received by the commission about the elector’s compliance with section 44 , statements in the form purporting to be made by—\nthe elector are evidence as statements made by the elector; and\nanother elector under section 44 (3) , are evidence as statements made by the other elector.\nSubsection (1) (a) does not apply to an Antarctic elector.\nFor the Justices Act 1886 , section 139 , the place where an offence against subsection (1) (a) is committed is taken to be the office of the returning officer for the electoral district for which the elector was enrolled for the referendum.\ns 75 amd 2002 No. 8 s 69\n(sec.75-ssec.1) An elector must not— fail to vote at a referendum without a valid and sufficient excuse; or contravene section 44 (2) ; or state anything to the commission or the commission’s staff under section 44 the person knows is false or misleading in a material particular. Maximum penalty—1 penalty unit.\n(sec.75-ssec.2) Without limiting subsection (1) (a) , if an elector believes it to be part of the elector’s religious duty not to vote at a referendum, that is a valid and sufficient excuse for failing to vote at a referendum.\n(sec.75-ssec.3) A person may be prosecuted for an offence against subsection (1) (a) only if the person has been sent a notice about the referendum under section 44 .\n(sec.75-ssec.4) In a proceeding for an offence against subsection (1) (a) , a certificate purporting to be signed by a member of the commission’s staff stating any of the following matters is evidence of the matter— a referendum happened on a stated day; an elector failed to vote at the referendum; a notice was sent by the commission to the elector under section 44 on a stated day; a form mentioned in section 44 (1) was not received by the commission from the elector by the day stated under the subsection.\n(sec.75-ssec.5) If a form is not received by the commission from the elector by the day stated under section 44 (1) , it is evidence the elector failed to vote at the referendum without a valid and sufficient excuse.\n(sec.75-ssec.6) If a form is received by the commission about the elector’s compliance with section 44 , statements in the form purporting to be made by— the elector are evidence as statements made by the elector; and another elector under section 44 (3) , are evidence as statements made by the other elector.\n(sec.75-ssec.7) Subsection (1) (a) does not apply to an Antarctic elector.\n(sec.75-ssec.8) For the Justices Act 1886 , section 139 , the place where an offence against subsection (1) (a) is committed is taken to be the office of the returning officer for the electoral district for which the elector was enrolled for the referendum.\n- (a) fail to vote at a referendum without a valid and sufficient excuse; or\n- (b) contravene section 44 (2) ; or\n- (c) state anything to the commission or the commission’s staff under section 44 the person knows is false or misleading in a material particular.\n- (a) a referendum happened on a stated day;\n- (b) an elector failed to vote at the referendum;\n- (c) a notice was sent by the commission to the elector under section 44 on a stated day;\n- (d) a form mentioned in section 44 (1) was not received by the commission from the elector by the day stated under the subsection.\n- (a) the elector are evidence as statements made by the elector; and\n- (b) another elector under section 44 (3) , are evidence as statements made by the other elector.","sortOrder":117},{"sectionNumber":"sec.76","sectionType":"section","heading":"Leave to vote","content":"### sec.76 Leave to vote\n\nThis section applies if—\nan employee who is an elector asks his or her employer, before the polling day for a referendum, for leave of absence to vote at the referendum; and\nthe absence is necessary to enable the employee to vote at the referendum.\nUnless the absence is reasonably likely to cause danger or substantial loss to the employer in relation to the employment concerned, the employer—\nmust allow the employee leave of absence for a reasonable period of not more than 2 hours to enable the employee to vote at the referendum; and\nmust not impose any penalty or disproportionate deduction of pay for the leave of absence.\nAn employee must not ask for leave of absence under subsection (1) to vote at a referendum unless the employee genuinely intends to vote at the referendum.\nMaximum penalty—\nfor an individual—10 penalty units; or\nfor a corporation—40 penalty units.\ns 76 amd 2019 No. 31 s 105\n(sec.76-ssec.1) This section applies if— an employee who is an elector asks his or her employer, before the polling day for a referendum, for leave of absence to vote at the referendum; and the absence is necessary to enable the employee to vote at the referendum.\n(sec.76-ssec.2) Unless the absence is reasonably likely to cause danger or substantial loss to the employer in relation to the employment concerned, the employer— must allow the employee leave of absence for a reasonable period of not more than 2 hours to enable the employee to vote at the referendum; and must not impose any penalty or disproportionate deduction of pay for the leave of absence.\n(sec.76-ssec.3) An employee must not ask for leave of absence under subsection (1) to vote at a referendum unless the employee genuinely intends to vote at the referendum. Maximum penalty— for an individual—10 penalty units; or for a corporation—40 penalty units.\n- (a) an employee who is an elector asks his or her employer, before the polling day for a referendum, for leave of absence to vote at the referendum; and\n- (b) the absence is necessary to enable the employee to vote at the referendum.\n- (a) must allow the employee leave of absence for a reasonable period of not more than 2 hours to enable the employee to vote at the referendum; and\n- (b) must not impose any penalty or disproportionate deduction of pay for the leave of absence.\n- (a) for an individual—10 penalty units; or\n- (b) for a corporation—40 penalty units.","sortOrder":118},{"sectionNumber":"sec.77","sectionType":"section","heading":"Canvassing etc. in or near polling places","content":"### sec.77 Canvassing etc. in or near polling places\n\nA person must not, during a referendum period, do anything mentioned in subsection (2) —\ninside a room with voting compartments; or\nwithin 6m of the entrance to a building with voting compartments.\nMaximum penalty—10 penalty units.\nFor subsection (1) , the things are—\ncanvassing for votes; or\ninducing an elector not to—\nvote in a particular way; or\nvote at all at the referendum; or\nloitering; or\nobstructing the free passage of voters.\ns 77 amd 2002 No. 8 s 70 ; 2019 No. 31 s 106\n(sec.77-ssec.1) A person must not, during a referendum period, do anything mentioned in subsection (2) — inside a room with voting compartments; or within 6m of the entrance to a building with voting compartments. Maximum penalty—10 penalty units.\n(sec.77-ssec.2) For subsection (1) , the things are— canvassing for votes; or inducing an elector not to— vote in a particular way; or vote at all at the referendum; or loitering; or obstructing the free passage of voters.\n- (a) inside a room with voting compartments; or\n- (b) within 6m of the entrance to a building with voting compartments.\n- (a) canvassing for votes; or\n- (b) inducing an elector not to— (i) vote in a particular way; or (ii) vote at all at the referendum; or\n- (i) vote in a particular way; or\n- (ii) vote at all at the referendum; or\n- (c) loitering; or\n- (d) obstructing the free passage of voters.\n- (i) vote in a particular way; or\n- (ii) vote at all at the referendum; or","sortOrder":119},{"sectionNumber":"sec.78","sectionType":"section","heading":"Interrupting voting etc.","content":"### sec.78 Interrupting voting etc.\n\nA person must not—\nenter or remain in a polling booth otherwise than as authorised under this Act; or\nwilfully interrupt, obstruct or disturb any proceeding at a referendum; or\nenter a voting compartment otherwise than as authorised under this Act; or\nprevent a scrutineer from entering or leaving a polling place—\nduring voting hours for the polling place; or\nwhile votes are being counted at the polling place; or\nobstruct or wilfully mislead a senior electoral officer or member of the commission’s staff in the performance of a duty.\nMaximum penalty—10 penalty units.\ns 78 amd 2019 No. 31 s 107\n- (a) enter or remain in a polling booth otherwise than as authorised under this Act; or\n- (b) wilfully interrupt, obstruct or disturb any proceeding at a referendum; or\n- (c) enter a voting compartment otherwise than as authorised under this Act; or\n- (d) prevent a scrutineer from entering or leaving a polling place— (i) during voting hours for the polling place; or (ii) while votes are being counted at the polling place; or\n- (i) during voting hours for the polling place; or\n- (ii) while votes are being counted at the polling place; or\n- (e) obstruct or wilfully mislead a senior electoral officer or member of the commission’s staff in the performance of a duty.\n- (i) during voting hours for the polling place; or\n- (ii) while votes are being counted at the polling place; or","sortOrder":120},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 om 2002 No. 8 s 71","sortOrder":121},{"sectionNumber":"sec.80","sectionType":"section","heading":"Displaying referendum statements in certain places","content":"### sec.80 Displaying referendum statements in certain places\n\nA person must not, during a referendum period, display a referendum statement—\ninside a room with voting compartments; or\nwithin 6m of the entrance to a building with voting compartments.\nMaximum penalty—1 penalty unit.\nIn this section—\nreferendum 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.\n(sec.80-ssec.1) A person must not, during a referendum period, display a referendum statement— inside a room with voting compartments; or within 6m of the entrance to a building with voting compartments. Maximum penalty—1 penalty unit.\n(sec.80-ssec.2) In this section— 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.\n- (a) inside a room with voting compartments; or\n- (b) within 6m of the entrance to a building with voting compartments.","sortOrder":122},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 om 2002 No. 8 s 72","sortOrder":123},{"sectionNumber":"sec.82","sectionType":"section","heading":"Offences relating to ballot papers","content":"### sec.82 Offences relating to ballot papers\n\nA person must not at a referendum—\nwilfully fail to comply with section 22 (10) (c) , 28 (5) (d) , 29 (3) (c) or (d) or 30 (8) (c) or (d) ; or\ntake a ballot paper out of a polling place otherwise than as authorised under this Act; or\nplace in a ballot box a ballot paper that has not been—\ngiven to an elector under this Act; or\nmarked by the elector.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA person must not, without lawful excuse, obtain possession of, or have in the person’s possession—\na ballot paper that has been marked by someone else; or\na declaration envelope that has been signed by someone else.\nMaximum penalty—20 penalty units or 6 months imprisonment.\ns 82 amd 2019 No. 31 s 108\n(sec.82-ssec.1) A person must not at a referendum— wilfully fail to comply with section 22 (10) (c) , 28 (5) (d) , 29 (3) (c) or (d) or 30 (8) (c) or (d) ; or take a ballot paper out of a polling place otherwise than as authorised under this Act; or place in a ballot box a ballot paper that has not been— given to an elector under this Act; or marked by the elector. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.82-ssec.2) A person must not, without lawful excuse, obtain possession of, or have in the person’s possession— a ballot paper that has been marked by someone else; or a declaration envelope that has been signed by someone else. Maximum penalty—20 penalty units or 6 months imprisonment. s 82 amd 2019 No. 31 s 108\n- (a) wilfully fail to comply with section 22 (10) (c) , 28 (5) (d) , 29 (3) (c) or (d) or 30 (8) (c) or (d) ; or\n- (b) take a ballot paper out of a polling place otherwise than as authorised under this Act; or\n- (c) place in a ballot box a ballot paper that has not been— (i) given to an elector under this Act; or (ii) marked by the elector.\n- (i) given to an elector under this Act; or\n- (ii) marked by the elector.\n- (i) given to an elector under this Act; or\n- (ii) marked by the elector.\n- (a) a ballot paper that has been marked by someone else; or\n- (b) a declaration envelope that has been signed by someone else.","sortOrder":124},{"sectionNumber":"sec.83","sectionType":"section","heading":"Failure to give, post or send documents for someone else","content":"### sec.83 Failure to give, post or send documents for someone else\n\nIf a person is given a request in the approved form under section 30 or 31 to give to the commission or a returning officer, the person must promptly give the request to the commission or returning officer, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nIf a person is given a declaration envelope under section 30 (8) (d) (ii) to post or send to the commission or returning officer, the person must promptly post or send it to the commission or returning officer, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units or 6 months imprisonment.\ns 83 amd 2015 No. 35 s 29 ; 2019 No. 31 s 109\n(sec.83-ssec.1) If a person is given a request in the approved form under section 30 or 31 to give to the commission or a returning officer, the person must promptly give the request to the commission or returning officer, unless the person has a reasonable excuse. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.83-ssec.2) If a person is given a declaration envelope under section 30 (8) (d) (ii) to post or send to the commission or returning officer, the person must promptly post or send it to the commission or returning officer, unless the person has a reasonable excuse. Maximum penalty—20 penalty units or 6 months imprisonment.","sortOrder":125},{"sectionNumber":"sec.84","sectionType":"section","heading":"Secrecy of voting","content":"### sec.84 Secrecy of voting\n\nA person must not—\nunfold a ballot paper that has been marked and folded by an elector under this Act, unless ordered by a court or authorised under this Act to do so; or\nif the person is a member of the commission’s staff performing duties at a polling place for a referendum—\nascertain or discover how an elector has voted at the referendum, unless the person is authorised to do so under this Act; or\ndisclose any information about how an elector has voted at a referendum, unless the person is authorised to do so under this Act or ordered by a court to do so.\nMaximum penalty—20 penalty units or 6 months imprisonment.\n- (a) unfold a ballot paper that has been marked and folded by an elector under this Act, unless ordered by a court or authorised under this Act to do so; or\n- (b) if the person is a member of the commission’s staff performing duties at a polling place for a referendum— (i) ascertain or discover how an elector has voted at the referendum, unless the person is authorised to do so under this Act; or (ii) disclose any information about how an elector has voted at a referendum, unless the person is authorised to do so under this Act or ordered by a court to do so.\n- (i) ascertain or discover how an elector has voted at the referendum, unless the person is authorised to do so under this Act; or\n- (ii) disclose any information about how an elector has voted at a referendum, unless the person is authorised to do so under this Act or ordered by a court to do so.\n- (i) ascertain or discover how an elector has voted at the referendum, unless the person is authorised to do so under this Act; or\n- (ii) disclose any information about how an elector has voted at a referendum, unless the person is authorised to do so under this Act or ordered by a court to do so.","sortOrder":126},{"sectionNumber":"sec.85","sectionType":"section","heading":"Breaking seals on parcels","content":"### sec.85 Breaking seals on parcels\n\nA person must not wilfully open or break the seal of a parcel sealed under section 38 (2) (e) , unless the person is authorised to do so under this Act or ordered by a court to do so.\nMaximum penalty—20 penalty units or 6 months imprisonment.\ns 85 amd 2019 No. 31 s 110","sortOrder":127},{"sectionNumber":"sec.86","sectionType":"section","heading":"Duty of witness to signing of declaration voting papers","content":"### sec.86 Duty of witness to signing of declaration voting papers\n\nAn elector or other person (the witness ) must not sign a declaration envelope as witness under section 30 (8) (a) unless—\nthe witness is satisfied of the identity of the elector who signs the declaration before the witness; and\nthe witness has seen the elector sign the declaration; and\neither—\nthe witness knows that the declaration made by the elector on the envelope is true; or\nthe witness is satisfied, on the basis of inquiries of the elector or otherwise, that the declaration is true.\nMaximum penalty—20 penalty units or 6 months imprisonment.\ns 86 amd 2019 No. 31 s 111\n- (a) the witness is satisfied of the identity of the elector who signs the declaration before the witness; and\n- (b) the witness has seen the elector sign the declaration; and\n- (c) either— (i) the witness knows that the declaration made by the elector on the envelope is true; or (ii) the witness is satisfied, on the basis of inquiries of the elector or otherwise, that the declaration is true.\n- (i) the witness knows that the declaration made by the elector on the envelope is true; or\n- (ii) the witness is satisfied, on the basis of inquiries of the elector or otherwise, that the declaration is true.\n- (i) the witness knows that the declaration made by the elector on the envelope is true; or\n- (ii) the witness is satisfied, on the basis of inquiries of the elector or otherwise, that the declaration is true.","sortOrder":128},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Injunctions","content":"## Injunctions","sortOrder":129},{"sectionNumber":"sec.87","sectionType":"section","heading":"Injunctions","content":"### sec.87 Injunctions\n\nThis section applies if—\na person (the offending party )—\nhas engaged, is engaging or is proposing to engage in conduct; or\nhas failed, is failing or is proposing to fail to do anything; and\nthe conduct or failure constituted, constitutes or would constitute a contravention of, or an offence against, this Act.\nApplication may be made to the Supreme Court under this section for an injunction in relation to the conduct or failure.\nThe application may be made by—\na member; or\nthe commission; or\nan elector.\nThe Supreme Court may grant an interim injunction pending determination of the application.\nIf the commission makes the application for the injunction, the Supreme Court must not require it or another person to give any undertakings as to damages as a condition of granting an interim injunction under subsection (4) .\nOn considering the application for the injunction, the Supreme Court may—\nin a case to which subsection (1) (a) (i) applies—grant an injunction restraining the offending party from engaging in the conduct concerned and, if in the court’s opinion it is desirable to do so, requiring the offending party to do anything; or\nin a case to which subsection (1) (a) (ii) applies—grant an injunction requiring the offending party to do the thing concerned.\nThe Supreme Court may grant the injunction—\nif the court is satisfied that the offending party has engaged in the conduct, or failed to do the thing, mentioned in subsection (1) —whether or not it appears to the court that the offending party intends—\nto engage again or continue to engage in the conduct; or\nto fail or continue to fail or do the thing; or\nif it appears to the court that, if the injunction is not granted, it is likely that the offending party will engage in the conduct, or fail to do the thing, mentioned in subsection (1) —whether or not—\nthe offending party has previously engaged in the conduct or failed to do the thing; and\nthere is an imminent danger of substantial damage to any person if the offending party engages in the conduct or fails to do the thing.\nThe Supreme Court may refuse to grant an injunction if it appears to the court that the application was not made to the court at the earliest possible opportunity.\nThe Supreme Court may discharge or vary the injunction or any interim injunction granted under subsection (4) .\nThe powers conferred on the Supreme Court by this section are in addition to, and do not limit, any other powers of the court.\n(sec.87-ssec.1) This section applies if— a person (the offending party )— has engaged, is engaging or is proposing to engage in conduct; or has failed, is failing or is proposing to fail to do anything; and the conduct or failure constituted, constitutes or would constitute a contravention of, or an offence against, this Act.\n(sec.87-ssec.2) Application may be made to the Supreme Court under this section for an injunction in relation to the conduct or failure.\n(sec.87-ssec.3) The application may be made by— a member; or the commission; or an elector.\n(sec.87-ssec.4) The Supreme Court may grant an interim injunction pending determination of the application.\n(sec.87-ssec.5) If the commission makes the application for the injunction, the Supreme Court must not require it or another person to give any undertakings as to damages as a condition of granting an interim injunction under subsection (4) .\n(sec.87-ssec.6) On considering the application for the injunction, the Supreme Court may— in a case to which subsection (1) (a) (i) applies—grant an injunction restraining the offending party from engaging in the conduct concerned and, if in the court’s opinion it is desirable to do so, requiring the offending party to do anything; or in a case to which subsection (1) (a) (ii) applies—grant an injunction requiring the offending party to do the thing concerned.\n(sec.87-ssec.7) The Supreme Court may grant the injunction— if the court is satisfied that the offending party has engaged in the conduct, or failed to do the thing, mentioned in subsection (1) —whether or not it appears to the court that the offending party intends— to engage again or continue to engage in the conduct; or to fail or continue to fail or do the thing; or if it appears to the court that, if the injunction is not granted, it is likely that the offending party will engage in the conduct, or fail to do the thing, mentioned in subsection (1) —whether or not— the offending party has previously engaged in the conduct or failed to do the thing; and there is an imminent danger of substantial damage to any person if the offending party engages in the conduct or fails to do the thing.\n(sec.87-ssec.8) The Supreme Court may refuse to grant an injunction if it appears to the court that the application was not made to the court at the earliest possible opportunity.\n(sec.87-ssec.9) The Supreme Court may discharge or vary the injunction or any interim injunction granted under subsection (4) .\n(sec.87-ssec.10) The powers conferred on the Supreme Court by this section are in addition to, and do not limit, any other powers of the court.\n- (a) a person (the offending party )— (i) has engaged, is engaging or is proposing to engage in conduct; or (ii) has failed, is failing or is proposing to fail to do anything; and\n- (i) has engaged, is engaging or is proposing to engage in conduct; or\n- (ii) has failed, is failing or is proposing to fail to do anything; and\n- (b) the conduct or failure constituted, constitutes or would constitute a contravention of, or an offence against, this Act.\n- (i) has engaged, is engaging or is proposing to engage in conduct; or\n- (ii) has failed, is failing or is proposing to fail to do anything; and\n- (a) a member; or\n- (b) the commission; or\n- (c) an elector.\n- (a) in a case to which subsection (1) (a) (i) applies—grant an injunction restraining the offending party from engaging in the conduct concerned and, if in the court’s opinion it is desirable to do so, requiring the offending party to do anything; or\n- (b) in a case to which subsection (1) (a) (ii) applies—grant an injunction requiring the offending party to do the thing concerned.\n- (a) if the court is satisfied that the offending party has engaged in the conduct, or failed to do the thing, mentioned in subsection (1) —whether or not it appears to the court that the offending party intends— (i) to engage again or continue to engage in the conduct; or (ii) to fail or continue to fail or do the thing; or\n- (i) to engage again or continue to engage in the conduct; or\n- (ii) to fail or continue to fail or do the thing; or\n- (b) if it appears to the court that, if the injunction is not granted, it is likely that the offending party will engage in the conduct, or fail to do the thing, mentioned in subsection (1) —whether or not— (i) the offending party has previously engaged in the conduct or failed to do the thing; and (ii) there is an imminent danger of substantial damage to any person if the offending party engages in the conduct or fails to do the thing.\n- (i) the offending party has previously engaged in the conduct or failed to do the thing; and\n- (ii) there is an imminent danger of substantial damage to any person if the offending party engages in the conduct or fails to do the thing.\n- (i) to engage again or continue to engage in the conduct; or\n- (ii) to fail or continue to fail or do the thing; or\n- (i) the offending party has previously engaged in the conduct or failed to do the thing; and\n- (ii) there is an imminent danger of substantial damage to any person if the offending party engages in the conduct or fails to do the thing.","sortOrder":130},{"sectionNumber":"pt.7","sectionType":"part","heading":"Referendum held in conjunction with particular elections","content":"# Referendum held in conjunction with particular elections","sortOrder":131},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Referendum held with election under Electoral Act 1992","content":"## Referendum held with election under Electoral Act 1992","sortOrder":132},{"sectionNumber":"sec.88","sectionType":"section","heading":"Extension of time","content":"### sec.88 Extension of time\n\nThis section applies if the polling day for a referendum is the same day as the polling day for an election and the time for holding the election is extended under the Constitution of Queensland 2001 , section 19B or Electoral Act 1992 , section 86 .\nIf the extension of time for holding the election relates only to a particular electoral district, the day on which the election is to be held in that district is to be taken to be the polling day for the referendum in that district.\nIn any other case, the day on which the election is to be held is to be taken to be the polling day for the referendum.\ns 88 amd 2015 No. 35 s 31 ; 2019 No. 31 s 112\n(sec.88-ssec.1) This section applies if the polling day for a referendum is the same day as the polling day for an election and the time for holding the election is extended under the Constitution of Queensland 2001 , section 19B or Electoral Act 1992 , section 86 .\n(sec.88-ssec.2) If the extension of time for holding the election relates only to a particular electoral district, the day on which the election is to be held in that district is to be taken to be the polling day for the referendum in that district.\n(sec.88-ssec.3) In any other case, the day on which the election is to be held is to be taken to be the polling day for the referendum.","sortOrder":133},{"sectionNumber":"sec.89","sectionType":"section","heading":"Cut-off day for electoral rolls for an election and a referendum","content":"### sec.89 Cut-off day for electoral rolls for an election and a referendum\n\nThis section applies if—\na writ is issued for a referendum; and\nbefore the polling day for the referendum, a writ is subsequently issued for an election: and\nthe polling day for the election is also the polling day for the referendum.\nThe cut-off day for electoral rolls stated in the writ for the referendum is, by force of this section, extended to the cut-off day for electoral rolls for the election under the Electoral Act 1992 .\ns 89 amd 2015 No. 35 s 32 ; 2019 No. 31 s 113\n(sec.89-ssec.1) This section applies if— a writ is issued for a referendum; and before the polling day for the referendum, a writ is subsequently issued for an election: and the polling day for the election is also the polling day for the referendum.\n(sec.89-ssec.2) The cut-off day for electoral rolls stated in the writ for the referendum is, by force of this section, extended to the cut-off day for electoral rolls for the election under the Electoral Act 1992 .\n- (a) a writ is issued for a referendum; and\n- (b) before the polling day for the referendum, a writ is subsequently issued for an election: and\n- (c) the polling day for the election is also the polling day for the referendum.","sortOrder":134},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 amd 2015 No. 35 s 33\nom 2019 No. 31 s 114","sortOrder":135},{"sectionNumber":"sec.91","sectionType":"section","heading":"Use of ballot boxes, polling booths and electoral rolls","content":"### sec.91 Use of ballot boxes, polling booths and electoral rolls\n\nIf the polling day for a referendum is also the polling day for an election—\nthe same polling booths and ballot boxes may be used for the election and the referendum, but if the same ballot boxes are used, the ballot papers for the referendum must, by colour or marking, be readily distinguishable from the ballot papers for the election; and\nthe same electoral roll must be used for both the election and the referendum.\ns 91 amd 2010 No. 42 s 214 sch\n- (a) the same polling booths and ballot boxes may be used for the election and the referendum, but if the same ballot boxes are used, the ballot papers for the referendum must, by colour or marking, be readily distinguishable from the ballot papers for the election; and\n- (b) the same electoral roll must be used for both the election and the referendum.","sortOrder":136},{"sectionNumber":"sec.92","sectionType":"section","heading":"Mobile polling booths","content":"### sec.92 Mobile polling booths\n\nIf the polling day for a referendum is also the polling day for an election, a declaration or arrangement made under the Electoral Act 1992 , section 99 (4) to (8) also has effect as a declaration or an arrangement under section 16 (4) or (6) of this Act for the referendum.\ns 92 amd 2015 No. 35 s 34","sortOrder":137},{"sectionNumber":"sec.93","sectionType":"section","heading":"Opening of ballot boxes","content":"### sec.93 Opening of ballot boxes\n\nA ballot box used for a referendum must not be opened except under this Act or, if the ballot box has been used for both a referendum and an election, under this Act or the Electoral Act 1992 .","sortOrder":138},{"sectionNumber":"sec.94","sectionType":"section","heading":"Applications, declarations, ballot papers and references","content":"### sec.94 Applications, declarations, ballot papers and references\n\nIf the polling day for a referendum is also the polling day for an election—\na request made under the Electoral Act 1992 , section 119 (2) or 120 (1) is also taken to be a request under section 30 (2) or 31 (1) respectively; and\na declaration made for the election under the Electoral Act 1992 , section 108 (3) , 113 (3) , 117 , 118 , 120 or 121 is also taken to be a declaration made under section 23 (3) , 24D (3) , 28 , 30 , 31 or 32 respectively; and\na ballot paper given to an elector under section 23 (3) , 24D (3) , 28 , 30 , 31 or 32 may be enclosed in the same declaration envelope as a ballot paper given to the elector under the Electoral Act 1992 , section 108 (3) , 113 (3) , 117 , 118 , 120 or 121 respectively.\ns 94 amd 2015 No. 35 s 35 ; 2019 No. 31 s 115\n- (a) a request made under the Electoral Act 1992 , section 119 (2) or 120 (1) is also taken to be a request under section 30 (2) or 31 (1) respectively; and\n- (b) a declaration made for the election under the Electoral Act 1992 , section 108 (3) , 113 (3) , 117 , 118 , 120 or 121 is also taken to be a declaration made under section 23 (3) , 24D (3) , 28 , 30 , 31 or 32 respectively; and\n- (c) a ballot paper given to an elector under section 23 (3) , 24D (3) , 28 , 30 , 31 or 32 may be enclosed in the same declaration envelope as a ballot paper given to the elector under the Electoral Act 1992 , section 108 (3) , 113 (3) , 117 , 118 , 120 or 121 respectively.","sortOrder":139},{"sectionNumber":"sec.95","sectionType":"section","heading":"Record of ordinary voters","content":"### sec.95 Record of ordinary voters\n\nIf the polling day for a referendum is also the polling day for an election, the issuing officer is taken to have complied with section 22 (8) if he or she has complied with the Electoral Act 1992 , section 107 (8) .\ns 95 amd 2015 No. 35 s 36","sortOrder":140},{"sectionNumber":"sec.95A","sectionType":"section","heading":"Suspension of poll at both referendum and election","content":"### sec.95A Suspension of poll at both referendum and election\n\nThis section applies if—\nthe polling day for a referendum is also the polling day for an election; and\nthe returning officer suspends the poll at a polling booth under the Electoral Act 1992 , section 99B .\nThe poll at the polling booth for the referendum is also suspended while the poll at the polling booth for the election is suspended.\ns 95A ins 2019 No. 31 s 116\n(sec.95A-ssec.1) This section applies if— the polling day for a referendum is also the polling day for an election; and the returning officer suspends the poll at a polling booth under the Electoral Act 1992 , section 99B .\n(sec.95A-ssec.2) The poll at the polling booth for the referendum is also suspended while the poll at the polling booth for the election is suspended.\n- (a) the polling day for a referendum is also the polling day for an election; and\n- (b) the returning officer suspends the poll at a polling booth under the Electoral Act 1992 , section 99B .","sortOrder":141},{"sectionNumber":"sec.96","sectionType":"section","heading":"Adjournment at both referendum and election","content":"### sec.96 Adjournment at both referendum and election\n\nThis section applies if—\nthe polling day for a referendum is also the polling day for an election; and\nthe returning officer adjourns the poll at a polling booth under the Electoral Act 1992 , section 99B or 100 ; and\nthe commission fixes a day for the taking of the adjourned poll under the Electoral Act 1992 , section 99B or 100 .\nThe poll at the polling booth for the referendum is also adjourned until the day fixed by the commission for the taking of the adjourned poll for the election.\ns 96 amd 2015 No. 35 s 37 ; 2019 No. 31 s 117\n(sec.96-ssec.1) This section applies if— the polling day for a referendum is also the polling day for an election; and the returning officer adjourns the poll at a polling booth under the Electoral Act 1992 , section 99B or 100 ; and the commission fixes a day for the taking of the adjourned poll under the Electoral Act 1992 , section 99B or 100 .\n(sec.96-ssec.2) The poll at the polling booth for the referendum is also adjourned until the day fixed by the commission for the taking of the adjourned poll for the election.\n- (a) the polling day for a referendum is also the polling day for an election; and\n- (b) the returning officer adjourns the poll at a polling booth under the Electoral Act 1992 , section 99B or 100 ; and\n- (c) the commission fixes a day for the taking of the adjourned poll under the Electoral Act 1992 , section 99B or 100 .","sortOrder":142},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Referendum held with local government election","content":"## Referendum held with local government election","sortOrder":143},{"sectionNumber":"sec.96AA","sectionType":"section","heading":"Application of division","content":"### sec.96AA Application of division\n\nThis division applies if the polling day for a referendum is the same day as the polling day for a local government election.\ns 96AA ins 2015 No. 35 s 38","sortOrder":144},{"sectionNumber":"sec.96AB","sectionType":"section","heading":"Definitions for division","content":"### sec.96AB Definitions for division\n\nIn this division—\nLGEA means Local Government Electoral Act 2011 .\nlocal government election means a quadrennial election under the LGEA .\ns 96AB ins 2015 No. 35 s 38","sortOrder":145},{"sectionNumber":"sec.96AC","sectionType":"section","heading":"Application of division 1","content":"### sec.96AC Application of division 1\n\nDivision 1 , other than sections 89 , 90 and 94 , applies in relation to the referendum and local government election as if—\na reference in the division to an election were a reference to a local government election; and\nthe reference in section 88 (1) to the Electoral Act 1992 , section 86 were a reference to the LGEA , section 38 ; and\na reference in section 88 (2) to an electoral district or a district were a reference to a local government area or division of a local government area; and\nthe reference in section 92 to a declaration or arrangement made under the Electoral Act 1992 , section 99 (4) to (8) were a reference to an arrangement under the LGEA , section 49 ; and\nthe reference in section 93 to the Electoral Act 1992 were a reference to the LGEA ; and\nthe reference in section 95 to the Electoral Act 1992 , section 107 (8) were a reference to the LGEA , section 75 (6) ; and\nthe reference in section 95A or 96 (1) to the Electoral Act 1992 , section 99B were a reference to the LGEA , section 52A ; and\nthe reference in section 96 (1) (b) to the returning officer were a reference to the returning officer or presiding officer under the LGEA ; and\na reference in section 96 (1) to the Electoral Act 1992 , section 100 were a reference to the LGEA , section 53 ; and\na reference in section 96 to the commission were a reference to the returning officer under the LGEA .\nIn this section—\ndivision , of a local government area, see the LGEA , schedule 2 .\ns 96AC ins 2015 No. 35 s 38\namd 2019 No. 30 s 255 ; 2019 No. 31 s 118\n(sec.96AC-ssec.1) Division 1 , other than sections 89 , 90 and 94 , applies in relation to the referendum and local government election as if— a reference in the division to an election were a reference to a local government election; and the reference in section 88 (1) to the Electoral Act 1992 , section 86 were a reference to the LGEA , section 38 ; and a reference in section 88 (2) to an electoral district or a district were a reference to a local government area or division of a local government area; and the reference in section 92 to a declaration or arrangement made under the Electoral Act 1992 , section 99 (4) to (8) were a reference to an arrangement under the LGEA , section 49 ; and the reference in section 93 to the Electoral Act 1992 were a reference to the LGEA ; and the reference in section 95 to the Electoral Act 1992 , section 107 (8) were a reference to the LGEA , section 75 (6) ; and the reference in section 95A or 96 (1) to the Electoral Act 1992 , section 99B were a reference to the LGEA , section 52A ; and the reference in section 96 (1) (b) to the returning officer were a reference to the returning officer or presiding officer under the LGEA ; and a reference in section 96 (1) to the Electoral Act 1992 , section 100 were a reference to the LGEA , section 53 ; and a reference in section 96 to the commission were a reference to the returning officer under the LGEA .\n(sec.96AC-ssec.2) In this section— division , of a local government area, see the LGEA , schedule 2 .\n- (a) a reference in the division to an election were a reference to a local government election; and\n- (b) the reference in section 88 (1) to the Electoral Act 1992 , section 86 were a reference to the LGEA , section 38 ; and\n- (c) a reference in section 88 (2) to an electoral district or a district were a reference to a local government area or division of a local government area; and\n- (d) the reference in section 92 to a declaration or arrangement made under the Electoral Act 1992 , section 99 (4) to (8) were a reference to an arrangement under the LGEA , section 49 ; and\n- (e) the reference in section 93 to the Electoral Act 1992 were a reference to the LGEA ; and\n- (f) the reference in section 95 to the Electoral Act 1992 , section 107 (8) were a reference to the LGEA , section 75 (6) ; and\n- (g) the reference in section 95A or 96 (1) to the Electoral Act 1992 , section 99B were a reference to the LGEA , section 52A ; and\n- (h) the reference in section 96 (1) (b) to the returning officer were a reference to the returning officer or presiding officer under the LGEA ; and\n- (i) a reference in section 96 (1) to the Electoral Act 1992 , section 100 were a reference to the LGEA , section 53 ; and\n- (j) a reference in section 96 to the commission were a reference to the returning officer under the LGEA .","sortOrder":146},{"sectionNumber":"sec.96AD","sectionType":"section","heading":"Cut-off day for electoral rolls","content":"### sec.96AD Cut-off day for electoral rolls\n\nIf the cut-off day for electoral rolls stated in the writ for the referendum would, but for this section, be a day before the local cut-off day, the cut-off day for electoral rolls is extended to the local cut-off day.\nIn this section—\nlocal cut-off day means the cut-off day for the voters rolls, under the LGEA , for the local government election.\ns 96AD ins 2015 No. 35 s 38\n(sec.96AD-ssec.1) If the cut-off day for electoral rolls stated in the writ for the referendum would, but for this section, be a day before the local cut-off day, the cut-off day for electoral rolls is extended to the local cut-off day.\n(sec.96AD-ssec.2) In this section— local cut-off day means the cut-off day for the voters rolls, under the LGEA , for the local government election.","sortOrder":147},{"sectionNumber":"sec.96AE","sectionType":"section","heading":"Particular applications, declarations, ballot papers and references","content":"### sec.96AE Particular applications, declarations, ballot papers and references\n\nFor the purposes of the referendum and local government election—\nan application made under the LGEA , section 72 (2) or 79 (2) is taken to be a request under section 30 (2) (and vice versa) and an application under the LGEA , section 77 (2) is taken to be a request under section 31 (1) (and vice versa); and\na declaration made for the election under the LGEA , section 70 is taken to be a declaration made under section 28 (and vice versa) and a declaration made for the election under the LGEA , section 72 is taken to be a declaration made under section 30 (and vice versa); and\na ballot paper given to an elector under section 28 or 30 may be enclosed in the same declaration envelope as a ballot paper given to the elector under the LGEA , section 70 , 72 or 79 .\ns 96AE ins 2015 No. 35 s 38\namd 2019 No. 31 s 119\n- (a) an application made under the LGEA , section 72 (2) or 79 (2) is taken to be a request under section 30 (2) (and vice versa) and an application under the LGEA , section 77 (2) is taken to be a request under section 31 (1) (and vice versa); and\n- (b) a declaration made for the election under the LGEA , section 70 is taken to be a declaration made under section 28 (and vice versa) and a declaration made for the election under the LGEA , section 72 is taken to be a declaration made under section 30 (and vice versa); and\n- (c) a ballot paper given to an elector under section 28 or 30 may be enclosed in the same declaration envelope as a ballot paper given to the elector under the LGEA , section 70 , 72 or 79 .","sortOrder":148},{"sectionNumber":"sec.96AF","sectionType":"section","heading":"Holding postal ballot election","content":"### sec.96AF Holding postal ballot election\n\nThis section applies if a poll for the local government election is to be conducted by a postal ballot election under the LGEA .\nAn elector who must cast a postal vote under the LGEA for the local government election must cast a vote for the referendum using ballot papers posted to the elector under this section.\nThe commission must, as soon as practicable after the issue of the writ for the referendum, post a ballot paper and declaration envelope to each elector who is entitled to cast a vote in the postal ballot election.\nFor subsection (3) , the ballot paper may be enclosed in the same declaration envelope as a ballot paper given to the elector under the LGEA , section 80 (1) or 81 (5) .\nReturning officers and the commission must keep a record of all ballot papers and declaration envelopes posted or given to the elector under this section.\ns 96AF ins 2015 No. 35 s 38\n(sec.96AF-ssec.1) This section applies if a poll for the local government election is to be conducted by a postal ballot election under the LGEA .\n(sec.96AF-ssec.2) An elector who must cast a postal vote under the LGEA for the local government election must cast a vote for the referendum using ballot papers posted to the elector under this section.\n(sec.96AF-ssec.3) The commission must, as soon as practicable after the issue of the writ for the referendum, post a ballot paper and declaration envelope to each elector who is entitled to cast a vote in the postal ballot election.\n(sec.96AF-ssec.4) For subsection (3) , the ballot paper may be enclosed in the same declaration envelope as a ballot paper given to the elector under the LGEA , section 80 (1) or 81 (5) .\n(sec.96AF-ssec.5) Returning officers and the commission must keep a record of all ballot papers and declaration envelopes posted or given to the elector under this section.","sortOrder":149},{"sectionNumber":"sec.96AG","sectionType":"section","heading":"Pre-poll voting","content":"### sec.96AG Pre-poll voting\n\nAn elector may make a pre-poll ordinary vote at a pre-polling booth in the local government area only during voting hours for the booth under the LGEA .\nThis section applies despite section 24C (1) .\ns 96AG ins 2015 No. 35 s 38\n(sec.96AG-ssec.1) An elector may make a pre-poll ordinary vote at a pre-polling booth in the local government area only during voting hours for the booth under the LGEA .\n(sec.96AG-ssec.2) This section applies despite section 24C (1) .","sortOrder":150},{"sectionNumber":"sec.96AH","sectionType":"section","heading":null,"content":"### Section sec.96AH\n\ns 96AH ins 2015 No. 35 s 38\nom 2019 No. 31 s 120","sortOrder":151},{"sectionNumber":"sec.96AI","sectionType":"section","heading":"Application of particular provisions of the LGEA","content":"### sec.96AI Application of particular provisions of the LGEA\n\nFor the purpose of holding the referendum and local government election on the same polling day, a provision of the LGEA dealing with matters about procedures for conducting a local government election applies with necessary changes.\nSubsection (1) applies subject to this Act.\ns 96AI ins 2015 No. 35 s 38\n(sec.96AI-ssec.1) For the purpose of holding the referendum and local government election on the same polling day, a provision of the LGEA dealing with matters about procedures for conducting a local government election applies with necessary changes.\n(sec.96AI-ssec.2) Subsection (1) applies subject to this Act.","sortOrder":152},{"sectionNumber":"pt.7A","sectionType":"part","heading":"Returns by broadcasters and publishers","content":"# Returns by broadcasters and publishers","sortOrder":153},{"sectionNumber":"sec.96A","sectionType":"section","heading":"Returns by broadcasters","content":"### sec.96A Returns by broadcasters\n\nIf a referendum has taken place, each broadcaster who, during the referendum period, broadcast an advertisement relating to the referendum must, before the end of 8 weeks after the voting day for the referendum, give the commission a return, in an approved form, stating—\nparticulars of the broadcasting service as part of which the advertisement was broadcast; and\nthe name and address of the person at whose request the advertisement was broadcast; and\nthe name and address of the person with whose authority the advertisement was broadcast; and\nthe date on which, and the times between which, the advertisement was broadcast; and\nwhether or not, on each occasion when the advertisement was broadcast, a charge was made by the broadcaster for the broadcasting of the advertisement and, if a charge was made, specifying the amount of the charge.\nMaximum penalty—20 penalty units.\nSubsection (1) applies to a broadcaster even if at the time the broadcaster broadcast the advertisement the broadcaster was outside Queensland.\nIf, in a return under subsection (1) , the amount of a charge is specified by a broadcaster in relation to an advertisement, the broadcaster must, in the return, state whether or not the charge is a charge at less than normal commercial rates having regard to the length of the advertisement and the day on which, and the times between which, the advertisement was broadcast.\nMaximum penalty—20 penalty units.\nA broadcaster who is required to make a return under this section for an advertisement must keep the record made for the purpose of the relevant provision until the end of the period of 1 month starting on the day on which the return is given to the commission.\nMaximum penalty—20 penalty units.\nThe requirement of subsection (4) is in addition to the requirements of the relevant provision for the retention of the record.\nIn subsections (4) and (5) —\nrelevant provision means—\nin relation to the Australian Broadcasting Corporation—the Australian Broadcasting Corporation Act 1983 (Cwlth) , section 79B ; or\nin relation to the Special Broadcasting Service—the Special Broadcasting Service Act 1991 (Cwlth) , section 70B ; or\nin any other case—the Broadcasting Services Act 1992 (Cwlth) , schedule 2 , section 5 .\ns 96A ins 2002 No. 8 s 73\n(sec.96A-ssec.1) If a referendum has taken place, each broadcaster who, during the referendum period, broadcast an advertisement relating to the referendum must, before the end of 8 weeks after the voting day for the referendum, give the commission a return, in an approved form, stating— particulars of the broadcasting service as part of which the advertisement was broadcast; and the name and address of the person at whose request the advertisement was broadcast; and the name and address of the person with whose authority the advertisement was broadcast; and the date on which, and the times between which, the advertisement was broadcast; and whether or not, on each occasion when the advertisement was broadcast, a charge was made by the broadcaster for the broadcasting of the advertisement and, if a charge was made, specifying the amount of the charge. Maximum penalty—20 penalty units.\n(sec.96A-ssec.1A) Subsection (1) applies to a broadcaster even if at the time the broadcaster broadcast the advertisement the broadcaster was outside Queensland.\n(sec.96A-ssec.2) If, in a return under subsection (1) , the amount of a charge is specified by a broadcaster in relation to an advertisement, the broadcaster must, in the return, state whether or not the charge is a charge at less than normal commercial rates having regard to the length of the advertisement and the day on which, and the times between which, the advertisement was broadcast. Maximum penalty—20 penalty units.\n(sec.96A-ssec.4) A broadcaster who is required to make a return under this section for an advertisement must keep the record made for the purpose of the relevant provision until the end of the period of 1 month starting on the day on which the return is given to the commission. Maximum penalty—20 penalty units.\n(sec.96A-ssec.5) The requirement of subsection (4) is in addition to the requirements of the relevant provision for the retention of the record.\n(sec.96A-ssec.6) In subsections (4) and (5) — relevant provision means— in relation to the Australian Broadcasting Corporation—the Australian Broadcasting Corporation Act 1983 (Cwlth) , section 79B ; or in relation to the Special Broadcasting Service—the Special Broadcasting Service Act 1991 (Cwlth) , section 70B ; or in any other case—the Broadcasting Services Act 1992 (Cwlth) , schedule 2 , section 5 .\n- (a) particulars of the broadcasting service as part of which the advertisement was broadcast; and\n- (aa) the name and address of the person at whose request the advertisement was broadcast; and\n- (b) the name and address of the person with whose authority the advertisement was broadcast; and\n- (c) the date on which, and the times between which, the advertisement was broadcast; and\n- (d) whether or not, on each occasion when the advertisement was broadcast, a charge was made by the broadcaster for the broadcasting of the advertisement and, if a charge was made, specifying the amount of the charge.\n- (a) in relation to the Australian Broadcasting Corporation—the Australian Broadcasting Corporation Act 1983 (Cwlth) , section 79B ; or\n- (b) in relation to the Special Broadcasting Service—the Special Broadcasting Service Act 1991 (Cwlth) , section 70B ; or\n- (c) in any other case—the Broadcasting Services Act 1992 (Cwlth) , schedule 2 , section 5 .","sortOrder":154},{"sectionNumber":"sec.96B","sectionType":"section","heading":"Returns by publishers","content":"### sec.96B Returns by publishers\n\nIf a referendum has taken place, each publisher of a journal who, during the referendum period, published in the journal an advertisement relating to the referendum must, before the end of 8 weeks after the voting day in the referendum, give the commission a return, in an approved form, stating—\nparticulars of the journal in which the advertisement was published; and\nthe name and address of the person at whose request the advertisement was published; and\nthe name and address of the person with whose authority the advertisement was published; and\nthe date on which the advertisement was published; and\nparticulars of the page in the journal on which the advertisement was published and the space in the journal occupied by the advertisement; and\nwhether or not a charge was made by the publisher for the publication of the advertisement and, if a charge was made, specifying the amount of the charge.\nMaximum penalty—20 penalty units.\nSubsection (1) applies to a publisher even if at the time the publisher published the advertisement the publisher was outside Queensland.\nIf, in a return under subsection (1) , the amount of a charge is specified by a publisher in relation to an advertisement, the publisher must, in the return, state whether or not the charge was a charge at less than normal commercial rates having regard to the space in the journal occupied by the advertisement and the nature of the journal.\nMaximum penalty—20 penalty units.\nA publisher is not required to give a return under subsection (1) in relation to a referendum if the total amount of the charge made by the publisher for the publication of the advertisement referred to in the subsection and any other advertisement relating to a referendum that took place on the same day as the first-mentioned referendum does not exceed $1,000.\ns 96B ins 2002 No. 8 s 73\n(sec.96B-ssec.1) If a referendum has taken place, each publisher of a journal who, during the referendum period, published in the journal an advertisement relating to the referendum must, before the end of 8 weeks after the voting day in the referendum, give the commission a return, in an approved form, stating— particulars of the journal in which the advertisement was published; and the name and address of the person at whose request the advertisement was published; and the name and address of the person with whose authority the advertisement was published; and the date on which the advertisement was published; and particulars of the page in the journal on which the advertisement was published and the space in the journal occupied by the advertisement; and whether or not a charge was made by the publisher for the publication of the advertisement and, if a charge was made, specifying the amount of the charge. Maximum penalty—20 penalty units.\n(sec.96B-ssec.1A) Subsection (1) applies to a publisher even if at the time the publisher published the advertisement the publisher was outside Queensland.\n(sec.96B-ssec.2) If, in a return under subsection (1) , the amount of a charge is specified by a publisher in relation to an advertisement, the publisher must, in the return, state whether or not the charge was a charge at less than normal commercial rates having regard to the space in the journal occupied by the advertisement and the nature of the journal. Maximum penalty—20 penalty units.\n(sec.96B-ssec.3) A publisher is not required to give a return under subsection (1) in relation to a referendum if the total amount of the charge made by the publisher for the publication of the advertisement referred to in the subsection and any other advertisement relating to a referendum that took place on the same day as the first-mentioned referendum does not exceed $1,000.\n- (a) particulars of the journal in which the advertisement was published; and\n- (aa) the name and address of the person at whose request the advertisement was published; and\n- (b) the name and address of the person with whose authority the advertisement was published; and\n- (c) the date on which the advertisement was published; and\n- (d) particulars of the page in the journal on which the advertisement was published and the space in the journal occupied by the advertisement; and\n- (e) whether or not a charge was made by the publisher for the publication of the advertisement and, if a charge was made, specifying the amount of the charge.","sortOrder":155},{"sectionNumber":"sec.96C","sectionType":"section","heading":"Combined returns","content":"### sec.96C Combined returns\n\nIf—\nthe voting at 2 or more referendums took place on the same day; and\na person would, apart from this subsection, be required to give 2 or more returns under this part relating to the referendums;\nthe person may, instead of giving the returns, give 1 return, in an approved form, stating the particulars that he or she would have been required to state in the returns.\nIf—\na return is given by a person under subsection (1) ; and\na matter details of which are required to be stated in the return relates to more than 1 referendum;\nit is sufficient compliance with this part if the return states details of the matter without showing the extent to which the matter relates to any particular referendum.\ns 96C ins 2002 No. 8 s 73\n(sec.96C-ssec.1) If— the voting at 2 or more referendums took place on the same day; and a person would, apart from this subsection, be required to give 2 or more returns under this part relating to the referendums; the person may, instead of giving the returns, give 1 return, in an approved form, stating the particulars that he or she would have been required to state in the returns.\n(sec.96C-ssec.2) If— a return is given by a person under subsection (1) ; and a matter details of which are required to be stated in the return relates to more than 1 referendum; it is sufficient compliance with this part if the return states details of the matter without showing the extent to which the matter relates to any particular referendum.\n- (a) the voting at 2 or more referendums took place on the same day; and\n- (b) a person would, apart from this subsection, be required to give 2 or more returns under this part relating to the referendums;\n- (a) a return is given by a person under subsection (1) ; and\n- (b) a matter details of which are required to be stated in the return relates to more than 1 referendum;","sortOrder":156},{"sectionNumber":"sec.96D","sectionType":"section","heading":"Inspection and supply of copies of returns","content":"### sec.96D Inspection and supply of copies of returns\n\nThe commission must keep a copy of each return given under this part.\nAnyone is entitled to read the copy.\nThe commission must, on request, make the copy available for a person’s inspection.\nA person is entitled, on payment of the prescribed fee, to get a copy of a return mentioned in subsection (1) .\ns 96D ins 2002 No. 8 s 73\n(sec.96D-ssec.1) The commission must keep a copy of each return given under this part.\n(sec.96D-ssec.2) Anyone is entitled to read the copy.\n(sec.96D-ssec.3) The commission must, on request, make the copy available for a person’s inspection.\n(sec.96D-ssec.4) A person is entitled, on payment of the prescribed fee, to get a copy of a return mentioned in subsection (1) .","sortOrder":157},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":158},{"sectionNumber":"sec.97","sectionType":"section","heading":"How things are to be given to commission","content":"### sec.97 How things are to be given to commission\n\nA form, notice, or other document or thing that is required or permitted by this Act to be given to the commission may be given to the commission by leaving it at, or sending it by post or facsimile or in a similar way, to the commission’s office.","sortOrder":159},{"sectionNumber":"sec.98","sectionType":"section","heading":"How things are to be signed","content":"### sec.98 How things are to be signed\n\nFor this Act, a person signs a thing—\nby signing the person’s name in writing on the thing; or\nif the person is unable to sign as mentioned in paragraph (a) —by making the person’s mark on the thing as a signature before another person who signs the thing as witness; or\nif the person is unable to sign as mentioned in paragraph (a) or make a mark as mentioned in paragraph (b) —by having another person sign the other person’s name in writing, and write the other person’s name and address and the words ‘signed for the elector’, on the thing.\ns 98 amd 2002 No. 8 s 74\n- (a) by signing the person’s name in writing on the thing; or\n- (b) if the person is unable to sign as mentioned in paragraph (a) —by making the person’s mark on the thing as a signature before another person who signs the thing as witness; or\n- (c) if the person is unable to sign as mentioned in paragraph (a) or make a mark as mentioned in paragraph (b) —by having another person sign the other person’s name in writing, and write the other person’s name and address and the words ‘signed for the elector’, on the thing.","sortOrder":160},{"sectionNumber":"sec.99","sectionType":"section","heading":"Advertising of office addresses etc.","content":"### sec.99 Advertising of office addresses etc.\n\nWithin a reasonable time after the commencement of a referendum period, the commission must advertise the locations and opening hours of its office and offices of returning officers and other members of the commission’s staff.","sortOrder":161},{"sectionNumber":"sec.100","sectionType":"section","heading":"Regulation-making power","content":"### sec.100 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may create offences and prescribe penalties of not more than 20 penalty units for each offence.\n(sec.100-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.100-ssec.2) A regulation may create offences and prescribe penalties of not more than 20 penalty units for each offence.","sortOrder":162},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":163},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Transitional provision for Electoral and Other Acts Amendment Act 2001","content":"## Transitional provision for Electoral and Other Acts Amendment Act 2001","sortOrder":164},{"sectionNumber":"sec.101","sectionType":"section","heading":"Transitional provision—petition disputing referendum","content":"### sec.101 Transitional provision—petition disputing referendum\n\nIf, immediately before the commencement day, there was a petition filed under section 49 that had not been finally dealt with by the Court of Disputed Returns, the petition is taken to be an application under that section.\nThe commencement day is 25 May 2001.\nIn this section—\ncommencement day means the day that the amendments of this Act in the Electoral and Other Acts Amendment Act 2001 , schedule 2 , commenced.\ns 101 ins 2001 No. 25 s 15 sch 2\n(sec.101-ssec.1) If, immediately before the commencement day, there was a petition filed under section 49 that had not been finally dealt with by the Court of Disputed Returns, the petition is taken to be an application under that section. The commencement day is 25 May 2001.\n(sec.101-ssec.2) In this section— commencement day means the day that the amendments of this Act in the Electoral and Other Acts Amendment Act 2001 , schedule 2 , commenced.","sortOrder":165},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Transitional provision for Constitution (Fixed Term Parliament) Referendum Act 2015","content":"## Transitional provision for Constitution (Fixed Term Parliament) Referendum Act 2015","sortOrder":166},{"sectionNumber":"sec.102","sectionType":"section","heading":"Application of s 11 for particular referendum","content":"### sec.102 Application of s 11 for particular referendum\n\nThis section applies to a referendum held for the purpose of the Constitution (Fixed Term Parliament) Referendum Act 2015 , section 2 .\nSection 11(1)(c) applies as if the reference in the paragraph to within 4 weeks after the passage of the Bill were a reference to at least 25 days before the polling day for the referendum.\ns 102 ins 2015 No. 35 s 40\n_____\npt 9 div 3 (s 103) ins 2026 No. 1 s 48 (uncommenced amendment)\n(sec.102-ssec.1) This section applies to a referendum held for the purpose of the Constitution (Fixed Term Parliament) Referendum Act 2015 , section 2 .\n(sec.102-ssec.2) Section 11(1)(c) applies as if the reference in the paragraph to within 4 weeks after the passage of the Bill were a reference to at least 25 days before the polling day for the referendum.","sortOrder":167},{"sectionNumber":"sch.1-pt","sectionType":"part","heading":"Form 1","content":"# Form 1","sortOrder":168},{"sectionNumber":"sch.1-pt-oc.2","sectionType":"part","heading":"Writ for a referendum on a Bill","content":"# Writ for a referendum on a Bill","sortOrder":169},{"sectionNumber":"sch.1-pt-oc.3","sectionType":"part","heading":"Form 2","content":"# Form 2","sortOrder":170},{"sectionNumber":"sch.1-pt-oc.4","sectionType":"part","heading":"Writ for a referendum on a question","content":"# Writ for a referendum on a question","sortOrder":171},{"sectionNumber":"sch.1-pt-oc.5","sectionType":"part","heading":"Form 3","content":"# Form 3","sortOrder":172},{"sectionNumber":"sch.1-pt-oc.6","sectionType":"part","heading":"Ballot paper","content":"# Ballot paper","sortOrder":173},{"sectionNumber":"sch.1-pt-oc.7","sectionType":"part","heading":"(For submission of a Bill)","content":"# (For submission of a Bill)","sortOrder":174},{"sectionNumber":"sch.1-pt-oc.8","sectionType":"part","heading":"Form 4","content":"# Form 4","sortOrder":175},{"sectionNumber":"sch.1-pt-oc.9","sectionType":"part","heading":"Ballot paper","content":"# Ballot paper","sortOrder":176},{"sectionNumber":"sch.1-pt-oc.10","sectionType":"part","heading":"(For submission of a question)","content":"# (For submission of a question)","sortOrder":177},{"sectionNumber":"sch.1-pt-oc.11","sectionType":"part","heading":"Form 5","content":"# Form 5","sortOrder":178},{"sectionNumber":"sch.1-pt-oc.12","sectionType":"part","heading":"Ballot paper","content":"# Ballot paper","sortOrder":179},{"sectionNumber":"sch.1-pt-oc.13","sectionType":"part","heading":"(For Use For Multiple Referendums)","content":"# (For Use For Multiple Referendums)","sortOrder":180}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown substantially beyond its original 1997 scope through multiple amendments. Key expansions include: the addition of pre-poll voting offices (a distinct third polling booth type, added in 2019), electronically assisted voting provisions, electronic electoral roll access, on-the-spot ballot paper reproduction, formal poll suspension powers (s.16B, added 2019), and expanded postal voting procedures. The original Act focused on a simpler framework of writs, arguments, and basic polling booth procedures; it has since absorbed procedural complexity more typical of an elections act."},"complexity_factors":["Multiple interlocking voting procedures (ordinary, pre-poll, declaration, postal, electronically assisted, mobile booth) each with distinct procedural requirements","Extensive cross-referencing to other Queensland legislation, particularly the Electoral Act 1992, making this Act impossible to fully understand in isolation","Layered eligibility rules for voters, including multiple exception categories and a prisoner disenfranchisement scheme requiring data-sharing with corrective services","Complex authorisation rules for parliamentary arguments (covering unanimous votes, split votes, and multiple simultaneous referendums)","Numerous time-based calculations with specific inclusion/exclusion rules that override standard statutory interpretation principles","Emergency provisions (suspension, adjournment, abandonment of polls) with cascading decision-making authority across multiple officials","Technical ballot paper specifications including different forms for different referendum types and provisions for on-the-spot reproduction","Multiple amendment layers (2002, 2006, 2015, 2019, 2023, and uncommenced 2026 amendments) creating complexity in tracking current law","Scrutineer entitlements tied to staffing ratios at different stages of the process, adding operational complexity"],"plain_english_summary":"## Queensland Referendums Act 1997 — What It Does and Why It Matters\n\nThis is Queensland's rulebook for how **referendums** (public votes where all eligible citizens are asked to approve or reject a proposed law or a specific question) are organised and run.\n\n### Who triggers a referendum?\nOnly the **Governor** (Queensland's formal head of state, acting on advice from the government) can officially start the process by issuing a formal document called a **writ** (an official legal command). This happens when:\n- A proposed law (Bill) needs voter approval, OR\n- The Queensland Parliament has resolved to put a specific question to voters.\n\n### Timing rules\nOnce the writ is issued, strict timelines apply:\n- **Electoral roll cut-off**: 5–7 days after the writ is issued (after this, you can't enrol for the first time to vote in this referendum)\n- **Polling day**: Must be a Saturday, between 26 and 70 days after the writ\n- **Return of the writ**: No more than 84 days after issue\n\n### Who can vote?\n- Anyone enrolled on the Queensland electoral roll\n- People entitled to be enrolled but not yet enrolled (in limited circumstances)\n- People left off the roll due to **official error** (a government mistake)\n- **Prisoners serving 3 years or more cannot vote**\n\n### How can you vote?\nThere are several options:\n1. **In person** at a polling booth on polling day (8am–6pm)\n2. **Pre-poll voting** at a pre-poll voting office in the days before polling day\n3. **Mobile polling booths** — for people in remote areas or in hospitals/care facilities\n4. **Declaration vote** — a special envelope-based vote used when you're voting outside your home area, or there's an issue with your enrolment\n5. **Postal vote** — you can request a ballot paper be sent to you if you can't attend in person\n6. **Electronically assisted voting** — available for people who need assistance\n\n### The 'Yes/No' arguments\nMembers of Parliament (MLAs) can submit written arguments (up to 1,000 words each) for or against the proposal. The Electoral Commission must:\n- **Publish** these arguments in a statewide newspaper at least twice before polling day\n- **Post** a pamphlet to every voter if a majority of the authorising MPs request it\n- Put them on the commission's website\n- Ensure neither side's argument is visually favoured over the other\n\n### Limits on government spending\nThe government **cannot** spend public money promoting one side of the argument — it can only pay for the official publication of arguments, informational materials, and staff costs.\n\n### What if something goes wrong?\nThe Act has safeguards:\n- Polls can be **suspended** for up to 4 hours in emergencies (riot risk, health emergency, etc.)\n- Polls can be **adjourned** to another day (within 34 days) if a natural disaster or emergency prevents voting\n- If a polling booth runs out of ballot papers, officials can **reproduce** them on the spot\n- Errors in writs or documents can be corrected by official gazette notice\n\n### Scrutineers\nEach MP can appoint **scrutineers** (independent observers) who are entitled to watch the voting process, inspect ballot boxes, observe vote counting, and object to anyone's entitlement to vote.\n\n### Who does this affect?\n- **Every Queensland voter** — this law determines how and when you vote in any state referendum\n- **Electoral Commission Queensland** — responsible for running the whole process\n- **MPs** — they control what arguments are officially published\n- **Prisoners** serving 3+ years — explicitly excluded from voting"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.18 (ssec.2)","severity":"high","reasoning":"Section 18(2) says 'For ballot papers to which subsection (2) applies, if 2 or more referendums are held on the same day...' This is a direct self-reference. The condition triggering the rule is defined as the rule itself applying, which is logically circular and provides no meaningful guidance on which ballot papers are captured.","confidence":0.95,"description":"Section 18(2) references 'subsection (2)' in its own text, creating a self-referential provision. The subsection states 'For ballot papers to which subsection (2) applies' — which is the very subsection being read."},{"type":"self_contradicting","section":"sec.6 (ssec.2)(b) and sec.6 (ssec.3)","severity":"medium","reasoning":"Standard counting convention (per the Acts Interpretation Act 1954 s.38, which is explicitly displaced by s.6(4)) would exclude the first and/or last day. By including both endpoints in the count, the legislature creates a shorter effective minimum than the stated figure suggests, producing an ambiguous and potentially illusory minimum period.","confidence":0.82,"description":"The minimum period for the cut-off day is stated as 'not less than 5 days' after issue, but section 6(3) directs that both the day of issue and the cut-off day itself are counted in that 5-day minimum. With both endpoints included, a cut-off day falling 5 calendar days after issue actually spans only 4 intervening days, meaning the practical minimum gap is 4 days — contradicting the apparent 5-day minimum."},{"type":"self_contradicting","section":"sec.9 (ssec.1)(a) and sec.9 (ssec.3)(b)","severity":"high","reasoning":"Section 6(2)(d) caps the return day at 84 days after issue. If the writ sets polling day at day 70 (the maximum) and the Governor extends it by 21 days to day 91, the polling day would fall after the return day (day 84 maximum). The Act does not adjust the return day to accommodate such an extension, creating an impossible compliance scenario where the writ must be returned before voting has even occurred.","confidence":0.88,"description":"Section 9(1)(a) allows the Governor to substitute 'a later day' for the polling day, but section 9(3)(b) caps any substituted polling day at no more than 21 days after the polling day stated in the writ. The original writ's polling day must already be a Saturday not more than 70 days after issue. Adding up to 21 days could push the polling day to 91 days after the writ's issue, exceeding the 84-day return day maximum in section 6(2)(d), potentially making the return day precede the polling day."},{"type":"self_contradicting","section":"sec.17 (ssec.6) and sec.17 (ssec.7)","severity":"medium","reasoning":"The deeming provision in s.17(7) operates in tension with the abandonment power in s.17(6). An abandoned poll was never held, yet the deeming provision may be read to treat it as held. This could have legal consequences if the validity of the overall referendum is challenged, since votes that were never cast would be treated as cast.","confidence":0.75,"description":"Section 17(6) allows the commission to abandon a poll at a booth if the number of votes 'likely to be cast' there will not affect the referendum result. Section 17(7) then deems the adjourned poll to have been 'held on the polling day.' If the poll is abandoned under subsection (6), there is no adjourned poll to deem, yet subsection (7) appears to apply unconditionally to all adjournments, creating logical confusion about whether a fictional polling event is deemed to have occurred even when the poll was abandoned."},{"type":"impossible_compliance","section":"sec.15 (ssec.5)(a)","severity":"low","reasoning":"The prohibition on establishing a booth on polling day, combined with the absence of any emergency establishment power, means if a booth is destroyed on polling day and needs to be relocated, the commission is prohibited from establishing the replacement. The only permitted flexibility in s.15(5)(b) applies to abolition, not establishment. This asymmetry creates a compliance gap in genuine emergency scenarios.","confidence":0.7,"description":"Section 15(5)(a) prohibits the commission from establishing a polling booth 'on the polling day for a referendum.' Read literally, this prevents the commission from doing something it would be highly unlikely to attempt (setting up an entirely new booth on polling day itself), but it also creates an absurdity: any booth not established before polling day simply cannot exist for the referendum, with no saving mechanism if a booth is destroyed and needs replacement on polling day itself (unlike the limited exception in s.15(5)(b) for abolition due to circumstances beyond control)."},{"type":"self_contradicting","section":"sec.11 (ssec.2)(a)","severity":"medium","reasoning":"The provision treats unanimous support as a special case allowing any faction to authorise any argument. While the policy intent may be to ensure voter information where opposition is absent, the mechanism is logically incoherent: a body that unanimously endorsed a Bill is simultaneously the source of authority for a published argument urging electors to vote against it.","confidence":0.8,"description":"Section 11(2)(a) provides that where all members voting voted for the Bill, a majority of members wishing to forward the argument may authorise either an argument in favour OR against the Bill. This means a unanimous pro-Bill vote in the Assembly could produce an officially authorised argument against the Bill through a majority of members who wish to oppose it — a logically paradoxical outcome where the legislature unanimously passes a Bill yet simultaneously produces a commission-published argument against it."},{"type":"impossible_compliance","section":"sec.24C (ssec.1)","severity":"low","reasoning":"At the tightest end of the permitted timeline (cut-off day at day 5 inclusive per s.6(3)), pre-poll voting could theoretically open as early as day 8 after issue. Section 8 requires the commission to publish the writ, advertise, supply returning officers, and make arrangements — all of which must be accomplished within approximately 7 days before pre-poll voting commences. While not strictly impossible, the compressed timeline creates a practically unworkable compliance obligation.","confidence":0.65,"description":"Section 24C(1) allows pre-poll ordinary voting during the period beginning '3 days after the cut-off day for electoral rolls.' The cut-off day under section 6(2)(b) can be as few as 5 days (inclusive) after the writ's issue. With both endpoints counted per s.6(3), the earliest pre-poll voting can commence is potentially only a few days after the writ issues, leaving very little time for the commission to publish the writ, supply polling offices, and prepare rolls — creating a practically impossible compliance window in tight writ timelines."},{"type":"impossible_compliance","section":"sec.19 (ssec.8) and sec.19 (ssec.9)","severity":"low","reasoning":"The Act creates two classes of scrutineers: appointed scrutineers (s.19(1)) who would presumably receive credentials, and deemed scrutineers (members, s.19(9)) who receive no such credentials under the Act. Requiring deemed scrutineers to carry scrutineer-specific identification that the Act provides no mechanism to issue to them creates a compliance gap.","confidence":0.72,"description":"Section 19(8) requires each scrutineer to 'carry adequate identification to show that the person is a scrutineer.' Section 19(9) deems each member of the Legislative Assembly to be a scrutineer. Members are not appointed under section 19(1) and would not have identification issued as scrutineers under the Act's administrative machinery — leaving it unclear what identification a deemed scrutineer (a member) would carry to satisfy s.19(8)."},{"type":"other","section":"sec.30 (ssec.2)(b)","severity":"medium","reasoning":"The section governs postal voting for referendums, yet subsection (2)(b) sets the deadline by reference to 'the polling day for the election.' The accompanying note attempts to clarify this refers to the referendum polling day, but the legislative text itself uses an incorrect term. If an election and referendum are held simultaneously, the two polling days should coincide (per s.9), but if they differ, it is genuinely unclear which deadline applies.","confidence":0.9,"description":"Section 30(2)(b) refers to 'the polling day for the election' when the entire provision concerns a referendum, not an election. The note immediately following acknowledges the polling day is for a referendum (per s.6(2)(c)). This internal inconsistency uses the wrong defined term, creating uncertainty about whether electoral law timelines or referendum timelines govern postal vote request deadlines."}],"contradictions":[{"severity":"high","section_a":"sec.6 (ssec.2)(d)","section_b":"sec.9 (ssec.3)(b)","confidence":0.88,"description":"Section 6(2)(d) caps the return day at 84 days after the writ's issue. Section 9(3)(b) allows the Governor to substitute a polling day up to 21 days after the originally stated polling day. If the original polling day is set at the maximum of 70 days after issue and extended by 21 days, polling day falls at day 91 — seven days after the maximum return day of day 84 — making it impossible for the writ to be returned after voting is complete."},{"severity":"medium","section_a":"sec.11 (ssec.1)(a)","section_b":"sec.13 (ssec.3) and sec.13 (ssec.4)","confidence":0.78,"description":"Section 11(1)(a) and 11(3)(a) impose a strict 1,000-word limit on arguments as a precondition for the commission's obligation to publish them. Sections 13(3) and 13(4) allow individual arguments to exceed 1,000 words when multiple referendums are held simultaneously, provided the average does not exceed 1,000 words. While s.13(5) states that s.13(3) and (4) have effect 'despite' s.11(1)(a) and s.11(3)(a), the mechanism is contradictory: s.11 makes the word limit a threshold for the obligation to publish at all, while s.13 treats it as a flexible average — meaning arguments exceeding 1,000 words would not qualify under s.11 and thus never reach the commission for s.13 to apply."},{"severity":"low","section_a":"sec.15 (ssec.5)(b)","section_b":"sec.16 (ssec.7)","confidence":0.72,"description":"Section 15(5)(b) prohibits the commission from abolishing an ordinary polling booth during the writ period unless necessary due to circumstances beyond the commission's control. Section 16(7) expressly permits the commission, a returning officer, or an issuing officer to 'change the arrangements' for mobile polling booths 'at any time' — with no equivalent restriction. This creates an asymmetry where ordinary booth arrangements are tightly controlled but mobile booth arrangements can be changed at will, undermining the legislative intent of stability and voter certainty that appears to underpin s.15(5)."},{"severity":"medium","section_a":"sec.21 (ssec.1)(c)","section_b":"sec.26 (ssec.1)(c)","confidence":0.75,"description":"Section 21(1)(c) entitles persons whose names are absent from the electoral roll due to official error to vote at the referendum. Section 26(1)(c) simultaneously requires those same electors to make a declaration vote (the more burdensome procedural pathway). While not strictly contradictory, the entitlement in s.21 is unqualified, whereas s.26 imposes a mandatory procedural constraint on exercising that entitlement. If a declaration vote is later rejected during scrutiny for a technical reason, the elector's right under s.21 is effectively nullified — producing a contradiction between the grant of voting rights and the mechanism for exercising them."},{"severity":"low","section_a":"sec.12 (ssec.2)(a)","section_b":"sec.12 (ssec.3)","confidence":0.65,"description":"Section 12(2)(a) requires arguments to be published 'at least twice before the polling day... including on the day before the polling day.' Section 12(3) requires that if more than one argument must be published under subsection (2), they must be published 'at the same time.' If the commission is required to publish arguments at least twice (with one publication on the day before polling), and must publish all arguments simultaneously, it must coordinate at least two simultaneous publications. This is manageable but becomes contradictory when combined with s.13(2)'s requirement that in a multi-referendum scenario, all arguments appear in the same pamphlet or newspaper simultaneously — the logistics of mandatory simultaneous multi-publication on specific dates, including the day before polling, may be practically impossible to guarantee."},{"severity":"low","section_a":"sec.25 (ssec.1)(a)","section_b":"sec.24A (ssec.1) and sec.24C (ssec.1)","confidence":0.68,"description":"Section 25(1)(a) allows any elector who 'wishes to make a declaration vote before the polling day' to do so as a declaration vote. Sections 24A and 24C establish a pre-poll ordinary voting mechanism for electors who wish to vote before polling day. An elector wishing to vote early could choose either pathway. However, s.24A(1) expressly excludes electors who 'must make a declaration vote under subdivision 2,' while s.25(1)(a) has no equivalent restriction to electors who cannot use ordinary pre-poll voting. The two regimes overlap without clear priority rules, and an elector electing a declaration vote under s.25(1)(a) who could have made a pre-poll ordinary vote may face scrutiny challenges that would not arise had they used s.24C."}]},"kimi_summary":{"_metrics":{"completionTokens":788},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive framework for conducting referendums in Queensland. While it has been substantially amended over time (particularly in 2015, 2019, and 2023), these amendments appear to modernise procedures (e.g., adding electronically assisted voting, pre-poll voting offices) rather than expand beyond the original purpose of regulating referendum conduct."},"complexity_factors":["Extensive cross-referencing with the Electoral Act 1992 and other legislation (Constitution Act 1867, Local Government Electoral Act 2011, etc.)","Multiple overlapping voting methods (ordinary, pre-poll, postal, mobile, electronically assisted) with different procedural requirements","Detailed ballot paper specifications and formal/informal vote determination rules","Complex counting procedures with preliminary and official counts, declaration envelopes, and absentee votes","Court of Disputed Returns jurisdiction with specific procedural rules and restrictions on evidence","Numerous defined terms and concepts imported from other Acts (e.g., 'special postal voter', 'electoral visitor voter')","Substantial amendments over time (2015, 2019, 2023, 2026) creating layered legislative history","Conditional logic for when referendums coincide with elections (Parts 7 and 7A)"],"plain_english_summary":"This is the **Referendums Act 1997** (Queensland), which sets out the complete legal framework for how referendums are conducted in Queensland.\n\n**What it does:**\n\nThe Act governs every stage of a referendum—from triggering one to declaring the result. It covers:\n\n- **Triggering a referendum**: The Governor can issue a writ for a referendum if the Legislative Assembly passes a Bill to be put to voters, or resolves to submit a question to electors.\n- **Timing and administration**: The Electoral Commission of Queensland must run the referendum. Strict deadlines apply—the poll must be held on a Saturday between 26 and 70 days after the writ is issued, with electoral rolls closing 5–7 days after issue.\n- **Voting methods**: Multiple ways to vote are provided—ordinary voting at polling booths, pre-poll voting, postal voting, mobile polling for hospitals and remote areas, and electronically assisted voting for people with disabilities or literacy issues.\n- **Information for voters**: Authorised arguments for and against the proposal (max 1,000 words each) must be distributed to voters and published in newspapers and online.\n- **Counting and results**: Votes are counted in stages, with preliminary counts on polling night and official counts afterwards. The result is declared when the writ is returned to the Governor.\n- **Disputes**: The Court of Disputed Returns can hear challenges to referendum results, with appeals to the Court of Appeal on questions of law.\n- **Offences and enforcement**: The Act creates offences for misleading voters, interfering with voting, failing to vote (with a small penalty), and improper conduct by officials. Injunctions can be sought to stop breaches.\n\n**Who it affects:**\n\n- **All Queensland electors**—voting is compulsory, with penalties for non-voters who don't have a valid excuse.\n- **The Electoral Commission of Queensland**—responsible for conducting the referendum.\n- **Members of Parliament**—can authorise arguments and appoint scrutineers.\n- **Broadcasters and publishers**—must disclose details of referendum advertising.\n\n**Why it matters:**\n\nThis Act ensures referendums are conducted fairly, transparently, and with integrity. It protects the democratic process by setting clear rules for how the people of Queensland can directly decide important questions, including constitutional changes."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/referendums-act-1997","history":"/api/acts/referendums-act-1997/history","analysis":"/api/acts/referendums-act-1997/analysis","conflicts":"/api/acts/referendums-act-1997/conflicts","importantCases":"/api/acts/referendums-act-1997/important-cases","documents":"/api/acts/referendums-act-1997/documents"}}