{"id":"referendums-act-1998","name":"Referendums Act 1998","slug":"referendums-act-1998","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30559,"registerId":"nt-referendums-act-1998-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Referendums Act 1998","content":"NORTHERN TERRITORY OF AUSTRALIA\nREFERENDUMS ACT 1998\nAs in force at 1 October 2019\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Definitions ........................................................................................ 1\n3 Delegation ....................................................................................... 3\n4 Matters that can be subject of referendum ...................................... 3\nPart 2 Writ for referendum\n5 Resolution of Legislative Assembly ................................................. 3\n6 Issue of writ for referendum ............................................................. 4\n7 Form and content of writ for referendum ......................................... 4\n8 Referendum to be conducted .......................................................... 4\n9 Chief electoral officer to publish writ and prepare for\nreferendum ...................................................................................... 4\n10 Distribution to electors of arguments for and against question ........ 5\nPart 3 Conduct of referendum\nDivision 1 Rolls for referendum\n11 Printing of rolls ................................................................................. 6\n12 Alteration of rolls .............................................................................. 6\nDivision 2 Polling places, mobile polling teams, officers\nand Scrutineers\n13 Polling places .................................................................................. 7\n14 Mobile polling teams ........................................................................ 7\n15 Public notice of polling places and mobile polling teams ................. 8\n16 Presiding officers and mobile team leaders ..................................... 8\n17 Scrutineers ...................................................................................... 9\n18 Certified list of voters ....................................................................... 9\nDivision 3 Polling booths, ballot-boxes and ballot-papers\n19 Separate voting booths .................................................................. 10\n20 Ballot-boxes ................................................................................... 10\n21 Ballot-papers ................................................................................. 10\n\nReferendums Act 1998 ii\nDivision 4 Mobile polling\n22 Mobile polling................................................................................. 10\n23 Voting at certain polling places may be restricted to class of\nvoters ............................................................................................. 10\n24 Places and hours of use of mobile polling team ............................ 10\nDivision 5 Pre-poll voting and postal voting\n25 Pre-poll voting................................................................................ 11\n26 Postal voting .................................................................................. 12\nDivision 6 Voting on polling day\n27 Polling ............................................................................................ 12\n28 Persons entitled to vote ................................................................. 12\n29 Ballot-boxes to be exhibited empty before polling ......................... 13\n30 Name to be on roll ......................................................................... 13\n31 Persons claiming to vote to give names and other particulars ....... 13\n32 Record of objections ...................................................................... 14\n33 Ballot-papers to be initialled........................................................... 14\n34 Vote to be marked in private .......................................................... 14\n35 Assistance of certain persons ........................................................ 15\n36 Vote of unlisted persons ................................................................ 16\n37 Method of voting ............................................................................ 17\n38 Spoilt or discarded ballot-papers ................................................... 18\n39 Adjournment of polling ................................................................... 18\n40 Direction to leave polling place ...................................................... 18\n41 Marking of ballot-papers ................................................................ 19\n42 Employee wishing to vote .............................................................. 19\n43 Ballot-boxes to be secured at close of polling................................ 20\nDivision 7 Offences relating to polling\n44 Persons present at polling ............................................................. 20\n45 Electors must vote ......................................................................... 20\n46 Person may vote only once ........................................................... 21\n47 Offences in relation to ballot-papers and at polling places ............ 21\nPart 4 Determination of results of polling\n48 Definition........................................................................................ 22\n49 Determination ................................................................................ 22\n50 Informal ballot-papers .................................................................... 22\n51 Proceedings at determination ........................................................ 23\n52 Conduct of determination............................................................... 23\n53 Objections by scrutineers .............................................................. 24\n54 Determination of votes ................................................................... 25\n55 Action after determination of referendum ...................................... 25\n\nReferendums Act 1998 iii\n56 Disregarding certain votes ............................................................. 25\n57 Re-count ........................................................................................ 26\n58 Applicable provisions for re-count.................................................. 26\n59 Referral of questions ..................................................................... 26\n60 Return of writ for referendum ......................................................... 26\nPart 5 Disputed referendum\n61 Referendum Tribunal ..................................................................... 27\n62 Method of disputing validity of referendum .................................... 27\n63 Persons to be served ..................................................................... 28\n64 No proceedings unless requisites complied with ........................... 28\n65 Hearings of Tribunal ...................................................................... 28\n66 Powers of Tribunal......................................................................... 28\n67 Inquiries by Tribunal ...................................................................... 29\n68 Exercise of powers ........................................................................ 30\n69 Reporting of offences .................................................................... 30\n70 Tribunal may have regard to certain rejected ballot-papers ........... 30\n71 Immaterial errors not to vitiate referendum .................................... 31\n72 No appeal ...................................................................................... 31\n73 Clerk of Legislative Assembly to receive copy of petition and\ndecision ......................................................................................... 31\n74 Representation at hearing ............................................................. 31\n75 Costs ............................................................................................. 31\n76 Rules of Tribunal ........................................................................... 32\nPart 6 Offences\n77 Exemption of public policy statements........................................... 32\n78 Printing of advertisements ............................................................. 32\n79 Heading of advertisements ............................................................ 33\n80 Articles to be signed ...................................................................... 33\n81 Broadcasting of advertisements .................................................... 34\n82 Untrue statements ......................................................................... 34\n83 Signature to papers ....................................................................... 35\n84 Witnesses to papers ...................................................................... 35\n85 Canvassing near polling places prohibited .................................... 36\n86 Making unauthorised marks ........................................................... 36\n87 Forged documents......................................................................... 37\n88 Influencing officer .......................................................................... 37\nPart 7 Miscellaneous\n89 Referendum at same time as election ........................................... 37\n90 Extension of time ........................................................................... 39\n91 Averments ..................................................................................... 39\n92 Regulatory offences....................................................................... 39\n93 Prosecutions not to be brought after 12 months ............................ 39\n94 Disclosure of information ............................................................... 40\n\nReferendums Act 1998 iv\n95 Protection of officers ...................................................................... 40\n96 Destruction of ballot-papers ........................................................... 40\n97 Regulations.................................................................................... 40\nSchedule\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 October 2019\n____________________\nREFERENDUMS ACT 1998\nAn Act provide for the conduct of referendums and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Referendums Act 1998.\n2 Definitions\nIn this Act, unless the contrary intention appears:\nassistant officer means a person appointed as an assistant officer\nunder section 16(1)(c) or (2).\nAssistant Returning Officer has the same meaning as in the\nNorthern Territory Electoral Act 1995.\nballot-paper includes a postal ballot-paper.\ncertified list of voters means a list referred to in section 18.\nChief Electoral Officer has the same meaning as in the Northern\nTerritory Electoral Act 1995.\ndivision has the same meaning as in the Northern Territory\nElectoral Act 1995.\nDivisional Returning Officer has the same meaning as in the\nNorthern Territory Electoral Act 1995.\nelector means a person whose name is on a roll.\nenrolled, in relation to a person, means the person's name is on a\nroll.\n\nPart 1 Preliminary\nReferendums Act 1998 2\nhours of polling means:\n(a) in relation to a place other than a place at which a mobile\npolling team is used – from 8.00 a.m. until 6.00 p.m. on polling\nday; and\n(b) in relation to a place at which a mobile polling team is used –\nthe hours during which the mobile polling team may conduct\npolling at that place.\nmobile polling team means a mobile polling team authorised\nunder section 14.\nmobile polling team leader means a mobile polling team leader\nappointed under section 16(1)(b).\nofficer means the Chief Electoral Officer, a Divisional Returning\nOfficer, an Assistant Returning Officer, a presiding officer and an\nassistant officer.\npetition means a petition referred to in section 62(1).\npolling day means the date fixed by a writ for a referendum as\npolling day for the referendum.\npolling place means a polling place appointed under section 13(1)\nand includes:\n(a) the area adjacent to a polling place designated by a notice\nerected by the presiding officer of the polling place; and\n(b) the area designated by a notice erected by a mobile polling\nteam leader,\nduring the period the notice is displayed.\npresiding officer means a presiding officer of a polling place\nappointed under section 16(1)(a), and includes a deputy presiding\nofficer appointed under that section while presiding at the polling\nplace and a mobile polling team leader.\nreferendum means the taking of the vote of electors on the\nquestion the subject of a writ for a referendum.\nreferendum advertisement means anything able or intended:\n(a) to influence an elector in relation to voting at a referendum; or\n(b) to affect the result of a referendum.\n\nPart 2 Writ for referendum\nReferendums Act 1998 3\nroll means a roll of electors kept under the Northern Territory\nElectoral Act 1995.\nscrutineer means a person appointed under section 17.\nTribunal means the Referendum Tribunal established by\nsection 61(1).\nwrit for a referendum means a writ for a referendum issued under\nthis Act.\n3 Delegation\n(1) The Chief Electoral Officer may delegate to a person any of his or\nher powers and functions under this Act, other than this power of\ndelegation.\n(2) A delegation under this section may be to a named person or to a\nperson from time to time holding, acting in or performing the duties\nof an office, designation or position.\n(3) A power or function delegated under this section, when exercised\nor performed by the delegate, is to be taken to have been exercised\nor performed by the Chief Electoral Officer.\n(4) A delegation under this section:\n(a) is to be in writing; and\n(b) does not prevent the exercise of a power or the performance\nof a function by the Chief Electoral Officer.\n4 Matters that can be subject of referendum\n(1) A referendum under this Act can be conducted only for or in relation\nto a matter specified under section 35 of the Northern Territory (Self\nGovernment) Act 1978 of the Commonwealth.\n(2) Subsection (1) applies only while the executive authority of the\nMinisters of the Territory is conferred under section 35 of the\nNorthern Territory (Self Government) Act 1978 of the\nCommonwealth.\nPart 2 Writ for referendum\n5 Resolution of Legislative Assembly\n(1) The Legislative Assembly may, on the motion of the Attorney-\nGeneral, resolve that a question be submitted to electors.\n\nPart 2 Writ for referendum\nReferendums Act 1998 4\n(2) The Legislative Assembly may specify the date on which the writ for\nthe referendum is to be issued.\n6 Issue of writ for referendum\n(1) The Administrator must issue a writ for a referendum if the\nLegislative Assembly has resolved that a question be submitted to\nelectors.\n(2) If a date is specified under section 5, the Administrator must issue\nthe writ for the referendum on that date.\n7 Form and content of writ for referendum\n(1) A writ for a referendum is to be in accordance with the form in the\nSchedule.\n(2) A writ for a referendum is to state:\n(a) the date it is issued;\n(b) the polling day for the referendum; and\n(c) the last day on which the writ may be returned.\n(3) The day fixed as polling day is to be not less than 16 clear days nor\nmore than 52 clear days after the date of the issue of the writ for the\nreferendum.\n(4) A copy of the resolution of the Legislative Assembly that approved\nthe question being submitted to electors is to be attached to the writ\nfor the referendum.\n8 Referendum to be conducted\nIf the Administrator issues a writ for a referendum, the referendum\nis to be conducted in accordance with the writ and this Act.\n9 Chief electoral officer to publish writ and prepare for\nreferendum\nOn receiving a writ for a referendum, the Chief Electoral Officer\nmust:\n(a) publish a copy of it in the Gazette;\n(b) advertise the day stated in it as polling day in other ways the\nChief Electoral Officer considers appropriate; and\n(c) make appropriate arrangements to conduct the referendum.\n\nPart 2 Writ for referendum\nReferendums Act 1998 5\n10 Distribution to electors of arguments for and against question\n(1) If the Legislative Assembly resolves to submit a question to electors\nthat relates to a proposed law passed by the Legislative Assembly:\n(a) the majority of the members of the Legislative Assembly who\nvoted in favour of the proposed law may authorise an\nargument in favour of the question for distribution to electors;\nand\n(b) the majority of the members of the Legislative Assembly who\nvoted against the proposed law may authorise an argument\nagainst the question for distribution to electors.\n(2) If the Legislative Assembly resolves to submit a question to electors\nthat does not relate to a proposed law passed by the Legislative\nAssembly, the Speaker may call for members to nominate whether\nthey are in favour of the question or whether they are not in favour\nof the question.\n(3) The majority of the members who nominate that they are in favour\nof the question may authorise an argument in favour of the question\nfor distribution to electors and the majority of the members who\nnominate that they are not in favour of the question may authorise\nan argument against the question for distribution to electors.\n(4) An argument in favour of or against a question is to consist of not\nmore than 2,000 words.\n(5) A copy of an argument authorised under this section is to be given\nto the Chief Electoral Officer not later than 3 days after the day on\nwhich the writ for the referendum is issued.\n(6) The Chief Electoral Officer may require amendments to be made to\nan argument authorised under this section if he or she is of the\nopinion that it is grossly misleading or inaccurate.\n(7) If the Chief Electoral Officer receives arguments authorised under\nthis section, he or she must, as soon as practicable after the\narguments are received:\n(a) arrange for a pamphlet containing the arguments to be\nprinted; and\n(b) as far as is reasonably practicable, ensure that a copy of the\npamphlet is posted to each elector.\n\nPart 3 Conduct of referendum\nDivision 1 Rolls for referendum\nReferendums Act 1998 6\n(8) If 2 or more referendums are to be conducted on the same polling\nday, all the arguments authorised under this section that relate to\nthe questions to be submitted to electors are to be printed in one\npamphlet.\n(9) The Chief Electoral Officer may arrange for arguments in favour of\nand against a question (that substantially reflect the arguments\nauthorised for and against the question):\n(a) to be published by printed advertisement or by electronic\nmeans;\n(b) to be broadcast by radio or television; or\n(c) to be published or broadcast by any other means, and for any\nperiod, that the Chief Electoral Officer considers appropriate.\n(10) A pamphlet or other material prepared, printed, distributed,\npublished or broadcast under this section is not a referendum\nadvertisement for the purposes of Part 6.\nPart 3 Conduct of referendum\nDivision 1 Rolls for referendum\n11 Printing of rolls\n(1) The Chief Electoral Officer must arrange for the rolls to be printed\nwhen directed by the Minister.\n(2) Supplementary rolls, setting out additions to the rolls since the last\nprint of the rolls are, if necessary, to be prepared and printed:\n(a) immediately after the issue of the writ for a referendum; and\n(b) at any other times that the Minister directs.\n12 Alteration of rolls\n(1) A Divisional Returning Officer may alter a roll kept by him or her for\nthe purpose of:\n(a) correcting a mistake or error in the particulars of the enrolment\nof an elector; or\n(b) removing the name of a deceased elector.\n\nPart 3 Conduct of referendum\nDivision 2 Polling places, mobile polling teams, officers and Scrutineers\nReferendums Act 1998 7\n(2) A Divisional Returning Officer must not alter a roll kept by him or\nher that is to be used at a referendum in pursuance of a claim for\nenrolment or transfer of enrolment received by the Divisional\nReturning Officer after 6.00 p.m. on the day of the issue of the writ\nfor a referendum until after the close of polling at the referendum.\nDivision 2 Polling places, mobile polling teams, officers and\nScrutineers\n13 Polling places\n(1) The Minister may, in writing, appoint polling places for a division or\npart of a division.\n(2) A part of premises licensed under the Liquor Act 2019 is not to be\nused as a polling place unless the Chief Electoral Officer declares,\nin writing, that he or she is satisfied that during the hours of polling\non polling day:\n(a) intoxicating liquor will not be available for sale or consumption\non that part of the premises;\n(b) the part of the premises proposed to be used as the polling\nplace will be segregated from the part of the premises where\nintoxicating liquor will be available for sale or consumption;\nand\n(c) electors will not have to pass through the part of the premises\nwhere intoxicating liquor will be available for sale or\nconsumption to gain access to the part of the premises\nproposed to be used as the polling place.\n14 Mobile polling teams\n(1) The Minister may, in writing, authorise the use of mobile polling\nteams at particular polling places in a division or part of a division.\n(2) If the use of a mobile polling team is to service the voting needs of\na class of voters (such as the in-patients or inmates in a hospital or\ninstitution), the Minister must specify the class of voters.\n(3) If the Minister authorises the use of a mobile polling team at a\npolling place, the Chief Electoral Officer must, notwithstanding the\ndate fixed as polling day, specify the date and hours during which a\nmobile polling team is to be used at those places for the purposes\nof the referendum.\n\nPart 3 Conduct of referendum\nDivision 2 Polling places, mobile polling teams, officers and Scrutineers\nReferendums Act 1998 8\n15 Public notice of polling places and mobile polling teams\nThe Chief Electoral Officer must, as he or she thinks fit:\n(a) give public notice of the location of polling places appointed\nunder section 13; and\n(b) if the Minister authorises the use of mobile polling teams, give\npublic notice of the dates and hours specified under\nsection 14(3) and, as the case may be, the class of voters\nreferred to in the notice in accordance with section 14(2).\n16 Presiding officers and mobile team leaders\n(1) The Divisional Returning Officer for the division for which he or she\nis appointed must:\n(a) appoint a presiding officer to preside at each polling place\nand, if necessary, a deputy presiding officer;\n(b) if the use of mobile polling teams has been authorised under\nsection 14, appoint a mobile polling team leader for each\nmobile polling team who is to have all the functions, powers\nand duties of a presiding officer;\n(c) appoint assistant officers for a polling place or, if the use of\nmobile polling teams has been authorised under section 14, to\nbe members of a mobile polling team; and\n(d) make all other arrangements that are necessary for taking the\npoll.\n(2) A presiding officer may appoint a person to act as an assistant\nofficer on polling day if it is necessary, in his or her opinion, for the\nconduct of polling at the polling place to which the presiding officer\nis appointed.\n(3) A presiding officer may appoint an officer to perform the presiding\nofficer's duties during his or her temporary absence and the officer\nmay, while acting, exercise all the powers of the presiding officer,\nand is, in the exercise of those powers, to be taken to be the\npresiding officer.\n(4) An assistant officer may, subject to the direction of the presiding\nofficer, exercise all or any of the powers of the presiding officer and\nis, in respect of the exercise of those powers, to be taken to be the\npresiding officer.\n\nPart 3 Conduct of referendum\nDivision 2 Polling places, mobile polling teams, officers and Scrutineers\nReferendums Act 1998 9\n17 Scrutineers\n(1) A member of the Legislative Assembly or a person authorised\nunder this section may appoint persons to be scrutineers for the\npurposes of a referendum.\n(2) The appointment of a scrutineer:\n(a) is to be made in writing or by telegram or other electronically\ntransmitted writing;\n(b) in the case of a scrutineer for a polling place, is to be\naddressed to the Divisional Returning Officer for the division\nor the presiding officer of the polling place for which the\nscrutineer is appointed;\n(c) in the case of a scrutineer for a place at which the results of\nthe referendum are to be determined, is to be addressed to\nthe officer conducting the determination at the place;\n(d) is to be signed by the member or person authorised to make\nthe appointment or bear his or her name; and\n(e) is to state the name and address of the scrutineer.\n(3) The Chief Electoral Officer may, as he or she thinks fit, authorise a\nperson to appoint scrutineers for the purposes of a referendum.\n(4) Only one scrutineer appointed by each member of the Legislative\nAssembly or each person authorised to appoint scrutineers for a\npolling place may enter or remain in the polling place at any one\ntime.\n(5) Only one scrutineer appointed by each member of the Legislative\nAssembly or each person authorised to appoint scrutineers for a\nplace where the results of the referendum are to be determined\nmay enter or remain in the place at any one time or, if tables are\nused for the purposes of counting ballot-papers, only one scrutineer\nfor each table may enter or remain in the place at any one time.\n18 Certified list of voters\n(1) The Divisional Returning Officer must supply a list of electors\nenrolled in the division for which he or she is appointed to all\npresiding officers appointed for polling places for the division.\n(2) The list is to be certified by the Divisional Returning Officer.\n\nPart 3 Conduct of referendum\nDivision 4 Mobile polling\nReferendums Act 1998 10\nDivision 3 Polling booths, ballot-boxes and ballot-papers\n19 Separate voting booths\n(1) A polling place must have separate polling booths.\n(2) Polling booths are to be constructed so as to screen voters from\nbeing observed while marking their ballot-papers.\n20 Ballot-boxes\n(1) A ballot-box is to be constructed and fitted as is prescribed.\n(2) A polling place in a division is to be provided with as many ballot-\nboxes as the Divisional Returning Officer for the division thinks fit.\n21 Ballot-papers\nA ballot-paper is to be in the prescribed form.\nDivision 4 Mobile polling\n22 Mobile polling\nSubject to this Act, a person may vote at a referendum using a\nmobile polling team at a place and on the date and during the hours\nspecified under section 14 in respect of the mobile polling team.\n23 Voting at certain polling places may be restricted to class of\nvoters\nIf the Minister authorises the use of a mobile polling team to service\nthe voting needs of a class of voters at a polling place, only electors\nof the class may vote using the mobile polling team.\n24 Places and hours of use of mobile polling team\n(1) If:\n(a) a mobile polling team is unable to be at a polling place on the\ndates or during the times specified under section 14(3); or\n(b) in the opinion of the Chief Electoral Officer, the exigencies of\nthe referendum require it,\n\nPart 3 Conduct of referendum\nDivision 5 Pre-poll voting and postal voting\nReferendums Act 1998 11\nthe Chief Electoral Officer or mobile polling team leader may do one\nor both of the following:\n(c) substitute another place for the appointed polling place,\nexcept in the case of a mobile polling team to service the\nvoting needs of a class of voters in accordance with an\nauthorisation under section 14(2);\n(d) change or vary the specified dates or hours.\n(2) The Chief Electoral Officer or a mobile polling team leader must:\n(a) give public notice of the substitution under subsection (1)(c) of\na polling place or the change or variation under\nsubsection (1)(d) in the specified dates or hours as he or she\nthinks fit; and\n(b) inform the Divisional Returning Officer of the division in which\nthe mobile polling team is authorised to operate of the\nsubstitution, change or variation.\n(3) A referendum or the result of a referendum is not to be invalidated\non the grounds that a mobile polling team failed to attend at a\npolling place or to attend on the dates or during the hours specified\nunder section 14(3) or at the place or on the dates or hours\nsubstituted, changed or varied under this section.\nDivision 5 Pre-poll voting and postal voting\n25 Pre-poll voting\n(1) An elector entitled to vote at a referendum who will not be able to\nattend at a polling place on polling day may apply to vote under this\nsection.\n(2) An elector who is eligible to vote under this section may vote before\n6.00 p.m. on the day before polling day at a location determined by\nthe Chief Electoral Officer.\n(3) An application under this section:\n(a) is to be made to an officer appointed for the purpose by the\nChief Electoral Officer; and\n(b) subject to section 89, may be made at any time after 7 clear\ndays after the issue of the writ for a referendum.\n\nPart 3 Conduct of referendum\nDivision 6 Voting on polling day\nReferendums Act 1998 12\n(4) If the officer to whom an application is made is satisfied:\n(a) that facilities for voting are available at the place where the\napplication is made; and\n(b) the applicant satisfies the requirements for a postal vote,\nthe applicant may, there and then, vote at the referendum.\n(5) The officer must not issue a ballot-paper to an applicant under this\nsection unless the applicant has answered the following question in\nthe negative: \"Will you be able to attend a polling place on polling\nday during the hours of polling?\".\n(6) The question to be asked under subsection (5) is in addition to any\nother question the officer may ask to determine the elector's\nentitlement to vote at the referendum.\n(7) Division 6, with the necessary changes, applies in relation to an\napplication to vote and voting under this section.\n26 Postal voting\n(1) Part 7 of the Northern Territory Electoral Act 1995, with the\nnecessary changes, applies to a referendum as if a reference in\nthat Part to an election were a reference to a referendum.\n(2) A form prescribed by the Northern Territory Electoral\nRegulations 1996 for the purposes of Part 7 of the Northern\nTerritory Electoral Act 1995 can be used for the purposes of that\nPart as applying to a referendum because of subsection (1).\n(3) Subject to section 89, a postal ballot-paper must not be issued until\n7 clear days after the issue of the writ for a referendum.\nDivision 6 Voting on polling day\n27 Polling\nSubject to this Act, polling at a polling place is to be conducted in\nthe manner determined by the Chief Electoral Officer.\n28 Persons entitled to vote\nA person is only entitled to vote at a referendum if, had the\nreferendum been an election for a member of the Legislative\nAssembly, the person would be entitled to vote at the election.\n\nPart 3 Conduct of referendum\nDivision 6 Voting on polling day\nReferendums Act 1998 13\n29 Ballot-boxes to be exhibited empty before polling\n(1) The presiding officer of a polling place must before a vote is taken,\nexhibit the ballot-box empty and must then securely fasten it closed.\n(2) If the presiding officer referred to in subsection (1) is a mobile\npolling team leader, in a division attended in pursuance of\nsection 14 by the mobile polling team of which he or she is the\nleader, he or she need not comply with the requirements of\nsubsection (1) other than at the first polling place in the division so\nattended.\n30 Name to be on roll\nSubject to this Part, an officer must not issue a ballot-paper to a\nperson unless the person's name appears on the roll for the division\nfor which the person wishes to vote.\n31 Persons claiming to vote to give names and other particulars\n(1) Subject to this Part and section 89, an officer must issue a ballot-\npaper to a person if:\n(a) the person states his or her full name and any other\nparticulars that are necessary to identify the person as an\nelector; and\n(b) the person answers the following question in the absolute\naffirmative: \"Is this the first time you have voted either here or\nelsewhere in this referendum?\".\n(2) An officer may, and at the request of a scrutineer must, put all or\nany of the following questions in addition to the question referred to\nin subsection (1) to a person who claims to vote under section 36(1)\nbefore issuing a ballot-paper to the person:\n(a) \"Are you of the age of 18 years or more?\";\n(b) \"Are you an Australian citizen?\"; and\n(c) \"Are you qualified to vote?\",\nand, if the person answers the question specified in paragraph (b)\nin the negative:\n(d) \"Were you a British subject who was enrolled as a\nCommonwealth, Territory, or State elector on\n25 January 1984?\".\n\nPart 3 Conduct of referendum\nDivision 6 Voting on polling day\nReferendums Act 1998 14\n(3) Subject to this section and Division 5, a ballot-paper is to be issued\nunder this Part:\n(a) only:\n(i) between the hours of 8.00 a.m. and 6.00 p.m. on polling\nday; or\n(ii) to an elector in a polling place at 6.00 p.m. on a polling\nday who wishes to vote; or\n(b) only:\n(i) during the hours specified under section 14(3) or those\nhours as changed or varied under section 24(1); or\n(ii) to a person in a polling place, designated by a notice\nerected by a mobile polling team leader, at the expiration\nof the hours specified under section 14(3) or those hours\nas changed or varied under section 24(1) who wishes to\nvote.\n32 Record of objections\nWhen requested by a scrutineer, a presiding officer must keep a\nrecord of all objections made by a scrutineer to the issue of a ballot-\npaper to any person.\n33 Ballot-papers to be initialled\n(1) An officer must before issuing a ballot-paper to a person place the\nofficer's initials on the back of the ballot-paper in a position where\nthe initials can be easily seen when the ballot-paper is folded to\nconceal the vote of the person on it.\n(2) Immediately before issuing a ballot-paper to a person whose name\nis on a certified list of voters, the officer must place a mark against\nthat person's name on the list.\n34 Vote to be marked in private\nSubject to section 35, a person who has been issued with a ballot-\npaper must, without delay:\n(a) retire alone to an unoccupied polling booth and there mark his\nor her vote on the ballot-paper in accordance with this Act;\n(b) having complied with paragraph (a), fold the ballot-paper so as\nto conceal his or her vote;\n\nPart 3 Conduct of referendum\nDivision 6 Voting on polling day\nReferendums Act 1998 15\n(c) exhibit the ballot-paper folded in accordance with paragraph\n(b) to an officer; and\n(d) openly, and without unfolding the ballot-paper, deposit it in a\nballot-box.\n35 Assistance of certain persons\n(1) If a voter satisfies the presiding officer of a polling place that the\nvoter is so physically incapacitated that he or she is unable to vote\nwithout assistance or is illiterate, the presiding officer must, or must\ndirect an officer to:\n(a) enter an unoccupied polling booth with the voter;\n(b) mark the voter's ballot-paper in accordance with the\ninstructions of the voter; and\n(c) fold and deposit the voter's ballot-paper in a ballot-box.\n(2) If the presiding officer of a polling place is satisfied that the physical\nincapacity or illiteracy of a voter will not enable the voter:\n(a) to communicate the voter's instructions for marking his or her\nballot-paper to the presiding officer or an officer under\nsubsection (1); or\n(b) to verify that his or her ballot-paper will be marked in\naccordance with his or her instructions,\nthe presiding officer may permit a person appointed by the voter:\n(c) to assist the voter in accomplishing the matters referred to in\nparagraphs (a) and (b); and\n(d) to be present while the ballot-paper of the voter is marked,\nfolded and deposited in accordance with subsection (1).\n(3) For the purposes of this section, it is sufficient indication of a voter's\ninstructions if the voter or the person appointed by the voter under\nsubsection (2) presents to an officer referred to in subsection (1) a\npiece of paper or card, whether or not a recognisable how-to-vote\ncard, indicating how to vote at the referendum, and the officer is\nsatisfied that the piece of paper or card reflects the wishes of the\nvoter.\n(4) An officer who:\n(a) in pursuance of this section is required to mark the ballot-\npaper of a voter; and\n\nPart 3 Conduct of referendum\nDivision 6 Voting on polling day\nReferendums Act 1998 16\n(b) marks the ballot-paper of the voter otherwise than in\naccordance with instructions given by the voter or, in a case\nwhere subsection (2) applies, by a person appointed by the\nvoter,\nis guilty of an offence.\nMaximum penalty: 17 penalty units or imprisonment for\n2 years.\n(5) A person, appointed under subsection (2) by a voter, who causes\nthe ballot-paper of the voter to be marked by an officer otherwise\nthan in accordance with the instructions of the voter is guilty of an\noffence.\nMaximum penalty: 17 penalty units or imprisonment for\n2 years.\n(6) A scrutineer or a person, appointed under subsection (2) by a voter,\nmust not disclose to any person anything relating to the vote of a\nvoter voting under this section.\nMaximum penalty: 17 penalty units or imprisonment for\n2 years.\n(7) Nothing in this Act, other than section 17 or 40, prevents a\nscrutineer from being present, if he or she so desires, while the\nballot-paper of a voter is marked, folded and deposited in\naccordance with this section.\n36 Vote of unlisted persons\n(1) The presiding officer of a polling place may, subject to the\nRegulations, issue a ballot-paper to a person whose name is not on\nthe certified list of voters for the division for which the polling place\nhas been appointed if the person makes a declaration in the\nprescribed form that:\n(a) the person has complied with Part VIII of the Commonwealth\nElectoral Act 1918 of the Commonwealth before the issue of\nthe writ for the referendum;\n(b) to the best of the person’s knowledge, no objection has been\nupheld in relation to the inclusion of his or her name on a roll;\nand\n(c) the person is not qualified for enrolment in a division other\nthan the division for which he or she claims to vote.\n\nPart 3 Conduct of referendum\nDivision 6 Voting on polling day\nReferendums Act 1998 17\n(2) The presiding officer of a polling place may, subject to the\nRegulations, issue a ballot-paper to a person whose name appears\non a certified list of voters marked in accordance with section 33(2)\nor who has been issued with a postal ballot-paper if the person\nmakes a declaration in the prescribed form that he or she has not\nalready voted and surrenders the postal ballot-paper, if the person\nis in possession of a postal ballot-paper.\n(3) The presiding officer of a polling place may, subject to the\nRegulations, issue a ballot-paper to a person whose name is not on\na certified list of voters for the division in respect of which the\npolling place is appointed if the person makes a declaration in the\nprescribed form that he or she is enrolled in another division and\nthat he or she has not already voted at the referendum.\n(4) A presiding officer who issues a ballot-paper under this section\nmust:\n(a) make and sign a record of:\n(i) the name of the person to whom it is issued; and\n(ii) the division for which the person declares under\nsubsection (3) he or she is enrolled; and\n(b) forward the record to the presiding officer’s Divisional\nReturning Officer.\n(5) For the purposes of subsections (1), (2) and (3), the prescribed\nform is the form prescribed for the purposes of the equivalent\nsubsection of section 72 of the Northern Territory Electoral\nAct 1995.\n37 Method of voting\n(1) If a person is issued with a ballot-paper under section 36, the\nperson must mark and fold his or her ballot-paper in the manner\nprescribed in section 34(a) and (b) and return it to the presiding\nofficer for the polling place.\n(2) A presiding officer who receives a ballot-paper in accordance with\nsubsection (1) must in the presence of the person who marked and\nfolded the ballot-paper and of scrutineers that are present:\n(a) enclose the ballot-paper, without unfolding it, in an envelope\nbearing the declaration of the person under section 36(1), (2)\nor (3), as the case may be, and addressed to the Divisional\nReturning Officer for the division for which the person claims\nto be entitled to vote; and\n\nPart 3 Conduct of referendum\nDivision 6 Voting on polling day\nReferendums Act 1998 18\n(b) forthwith securely fasten the envelope and deposit it in a\nballot-box.\n38 Spoilt or discarded ballot-papers\n(1) On receiving a spoilt ballot-paper or finding or being given a\ndiscarded ballot-paper, the presiding officer of a polling place may\ncancel the ballot-paper.\n(2) If a person who has been issued with a ballot-paper satisfies the\npresiding officer of a polling place that the ballot-paper has been\nspoilt by mistake or accident, the presiding officer may issue a new\nballot-paper to the person.\n39 Adjournment of polling\n(1) The presiding officer of a polling place may adjourn polling from day\nto day if the polling is interrupted by:\n(a) riot or open violence; or\n(b) fire, storm, tempest, flood or a similar occurrence.\n(2) The Chief Electoral Officer may adjourn polling at a polling place for\na period not exceeding 21 days if, from any cause, the polling place\nis not open.\n(3) If polling is adjourned:\n(a) under subsection (1), the presiding officer; or\n(b) under subsection (2), the Chief Electoral Officer,\nmust take steps as he or she thinks necessary or convenient to give\npublic notice of the adjournment as soon as practicable after polling\nis adjourned.\n(4) If polling is adjourned under subsection (1) or (2), only those\npersons who are entitled to vote in the referendum for the division\nand who have not already voted are entitled to vote at the\nadjourned polling.\n40 Direction to leave polling place\n(1) If the presiding officer at a polling place believes, on reasonable\ngrounds, that a person by his or her conduct at the polling place is\nor is likely to disrupt the orderly conduct of voting or the counting of\nvotes at the polling place, the presiding officer may direct the\nperson to leave and remain away from the polling place.\n\nPart 3 Conduct of referendum\nDivision 6 Voting on polling day\nReferendums Act 1998 19\n(2) A direction under subsection (1) may be given to a person who is a\nscrutineer or who is entitled to vote at the polling place and has not\nvoted.\n(3) A person who is given a direction under subsection (1) must leave\nand remain away from the polling place in accordance with the\ndirection.\nMaximum penalty: 8 penalty units or imprisonment for\n6 months.\n41 Marking of ballot-papers\n(1) A person issued with a ballot-paper must indicate his or her vote:\n(a) if the elector intends to vote in favour of the question – by\nwriting the word \"yes\" in the space provided on the ballot-\npaper; or\n(b) if the elector intends to vote against the question – by writing\nthe word \"no\" in the space provided on the ballot-paper.\n(2) Subject to this Act, a person must not write on or mark a ballot-\npaper other than a ballot-paper issued to the person.\nMaximum penalty: 4 penalty units.\n42 Employee wishing to vote\n(1) Subject to subsection (2), if an elector notifies his or her employer\nthat the elector desires leave of absence to enable him or her to\nvote at a referendum, the employer must, if the absence desired is\nnecessary to enable the employee to vote at the referendum, allow\nhim or her leave of absence, without a penalty or disproportionate\ndeduction of pay, for a reasonable period, not exceeding 2 hours,\nthat is necessary to enable the employee to vote at the referendum.\n(2) An employee must not, under pretence that he or she intends to\nvote at a referendum, but without the bona fide intention of so\ndoing, obtain leave of absence under this section.\nMaximum penalty: 0.8 penalty unit.\n(3) This section does not apply to an elector whose absence may\ncause danger or substantial loss in respect of the employment in\nwhich the elector is engaged.\n\nPart 3 Conduct of referendum\nDivision 7 Offences relating to polling\nReferendums Act 1998 20\n43 Ballot-boxes to be secured at close of polling\n(1) The presiding officer of a polling place must at the close of polling,\nin the presence of any scrutineers that are in attendance:\n(a) publicly close, fasten, seal and take charge of the ballot-box;\nand\n(b) with the least possible delay, forward it to the place where the\nresults of the referendum are to be determined.\n(2) A ballot-box that has been closed, fastened and sealed in\naccordance with subsection (1) must, on no account, be opened\nexcept in accordance with this Act.\n(3) If the determination of the results of the referendum is proceeded\nwith immediately after the close of polling at the polling place at\nwhich the votes are taken, it is not necessary for the presiding\nofficer to publicly close, fasten or seal the ballot-box as required by\nsubsection (1).\nDivision 7 Offences relating to polling\n44 Persons present at polling\nA person, other than:\n(a) an officer;\n(b) a scrutineer, as permitted by section 17; or\n(c) an elector voting or about to vote,\nmust not enter or remain in a polling place except by the permission\nof the presiding officer of the polling place.\nMaximum penalty: 17 penalty units or imprisonment for\n2 years.\n45 Electors must vote\n(1) Subject to this Act, an elector must not fail to vote at a referendum\nwithout a valid and sufficient reason for the failure.\nMaximum penalty: 0.8 penalty unit.\n(2) If the polling day for a referendum is the same as that fixed as\npolling day for an election of a member of the Legislative Assembly,\na person cannot be found guilty of an offence against\nsubsection (1) if the person has been found guilty of an offence\n\nPart 3 Conduct of referendum\nDivision 7 Offences relating to polling\nReferendums Act 1998 21\nagainst section 64 of the Northern Territory Electoral Act 1995 in\nrespect of his or her failing to vote at the election.\n46 Person may vote only once\nA person must not vote more than once at a referendum.\nMaximum penalty: 8 penalty units.\n47 Offences in relation to ballot-papers and at polling places\n(1) A person must not falsely impersonate a person to secure a ballot-\npaper to which the impersonator is not entitled.\nMaximum penalty: 4 penalty units.\n(2) Subject to this Act, a person must not wilfully destroy or deface a\nballot-paper.\nMaximum penalty: 17 penalty units or imprisonment for\n2 years.\n(3) A person must not fraudulently put a ballot-paper or other paper\ninto a ballot-box.\nMaximum penalty: 4 penalty units.\n(4) A person must not fraudulently take a ballot-paper out of a polling\nplace or a place at which the results of a referendum are being\ndetermined.\nMaximum penalty: 17 penalty units or imprisonment for\n12 months.\n(5) Subject to this Act, a person must not wilfully take a ballot-paper out\nof a polling place.\nMaximum penalty: 1.7 penalty units.\n(6) A person must not misconduct him or herself or fail to obey the\nlawful directions of the presiding officer in a polling place.\nMaximum penalty: 1.7 penalty units.\n(7) A person must not supply ballot-papers without authority.\nMaximum penalty: 8 penalty units or imprisonment for\n6 months.\n\nPart 4 Determination of results of polling\nReferendums Act 1998 22\n(8) A person must not unlawfully destroy, take or otherwise interfere\nwith, ballot-boxes or ballot-papers contained in a ballot-box.\nMaximum penalty: Imprisonment for 5 years.\n(9) Subject to this Act, a person must not wear or display an emblem,\nposter, representation or statement in a polling place that a\nreasonable person would associate with the approval or\ndisapproval of a question submitted to electors at a referendum.\nMaximum penalty: 1.7 penalty units.\n(10) A person, other than an officer conducting a determination of the\nresults of a referendum, must not open a ballot-box.\nMaximum penalty: Imprisonment for 5 years.\n(11) A person, other than an officer, must not exhibit in a polling booth a\ncard or paper having on it a direction or instruction with respect to\nvoting.\nMaximum penalty: 8 penalty units.\n(12) A person must truthfully answer all questions put to him or her\nunder this Part.\nMaximum penalty: 4 penalty units.\nPart 4 Determination of results of polling\n48 Definition\nIn this Part, officer means a Divisional Returning Officer or an\nAssistant Returning Officer.\n49 Determination\nThe results of a referendum must be ascertained in accordance\nwith this Part.\n50 Informal ballot-papers\n(1) A ballot-paper is informal:\n(a) unless it is:\n(i) printed by the Government Printer; or\n(ii) created for the purposes of this Act by an officer and\ninitialled by an officer;\n\nPart 4 Determination of results of polling\nReferendums Act 1998 23\n(b) if the word \"yes\" or the word \"no\" is not written in the space\nprovided on the ballot-paper and the Divisional Returning\nOfficer is not satisfied that the elector's intention in respect of\nthe question is clearly indicated on the ballot-paper; or\n(c) if it has on it a mark or writing by which, in the opinion of the\nDivisional Returning Officer, the voter can be identified.\n(2) If the letter \"y\" or a mark in the form of a tick is written or marked in\nthe space provided on the ballot-paper, it is a clear indication that\nthe elector's intention is to vote in favour of the question.\n(3) If the letter \"n\" or a mark in the form of a cross is written or marked\nin the space provided on the ballot-paper, it is a clear indication that\nthe elector's intention is to vote against the question.\n51 Proceedings at determination\n(1) Scrutineers and any other persons who are approved by the officer\nconducting a determination may be present at the determination of\nthe results of a referendum.\n(2) Proceedings at a determination of the results of a referendum are to\nbe open to inspection by scrutineers.\n(3) An officer conducting a determination of the results of a referendum\nmay adjourn the determination from time to time.\n52 Conduct of determination\n(1) An officer conducting a determination of the results of a referendum\nmust:\n(a) open the ballot-boxes under his or her control;\n(b) notwithstanding paragraphs (c) to (f) inclusive, if he or she is\nnot the Divisional Returning Officer for the division in respect\nof which the vote on a ballot-paper contained in an envelope is\ncast – transmit, unopened, all envelopes containing those\nballot-papers received by him or her to the Divisional\nReturning Officers for the divisions in respect of which the\nvotes on those ballot-papers are cast;\n(c) place all informal ballot-papers in a parcel;\n(d) arrange all formal ballot-papers in the votes in favour of the\nquestion and those against the question;\n(e) count the votes on the formal ballot-papers;\n\nPart 4 Determination of results of polling\nReferendums Act 1998 24\n(f) make and sign a statement setting out the number of:\n(i) votes in favour of the question and votes against the\nquestion; and\n(ii) informal votes;\n(g) if he or she is not the Divisional Returning Officer for the\ndivision in respect of which the votes were cast – transmit the\ninformation contained in the statement referred to in\nparagraph (f) to the Divisional Returning Officer for the division\nin respect of which the votes were cast;\n(h) place all formal ballot-papers referred to in paragraph (d) in\nseparate parcels according to whether to votes are in favour\nor against the question;\n(j) seal up the parcels referred to in paragraphs (c) and (h) and\nendorse on each parcel a statement of the contents; and\n(k) if he or she is not the Divisional Returning Officer for the\ndivision in respect of which votes were cast – transmit to the\nDivisional Returning Officer referred to in paragraph (g), as\nsoon as is practicable, all the parcels and statements.\n(2) A scrutineer may sign:\n(a) a statement referred to in subsection (1)(f); and\n(b) any parcels referred to in subsection (1)(h).\n(3) The Divisional Returning Officer for the division in respect of which\nthe votes on ballot-papers, used for voting under Division 5 or\nsection 36, are cast, must examine, count and deal with those\nballot-papers in the prescribed manner.\n53 Objections by scrutineers\n(1) A scrutineer may object to the officer conducting a determination of\nthe results of a referendum as to the admission or rejection of a\nballot-paper as a formal ballot-paper.\n(2) The officer conducting a determination of the results of a\nreferendum must:\n(a) determine an objection made under subsection (1) by\nadmitting or rejecting the ballot-paper the subject of the\nobjection as a formal ballot-paper; and\n\nPart 4 Determination of results of polling\nReferendums Act 1998 25\n(b) mark the ballot-paper \"admitted\" or \"rejected\" according to his\nor her decision.\n(3) Nothing in this section prevents the officer conducting a\ndetermination of the results of a referendum from rejecting a ballot-\npaper as being informal although no objection is made to it.\n(4) A reference in this section to the officer conducting a determination\nof the results of a referendum is to be read as a reference to the\nDivisional Returning Officer for the division in respect of which the\nvotes were cast in the application of this section to a ballot-paper\nused for voting under Division 5 or section 36.\n54 Determination of votes\nA Divisional Returning Officer must, from the statements made\nunder section 52 and the result of the scrutiny of the votes counted\nby him or her, determine the number of votes in favour of the\nquestion and the number of votes against the question for the\ndivision in respect of which he or she is Divisional Returning Officer.\n55 Action after determination of referendum\nA Divisional Returning Officer must, on completing a determination\nof the results of a referendum:\n(a) place in separate parcels all informal votes and all formal\nvotes;\n(b) seal up the parcels referred to in paragraph (a) and endorse\non each parcel a statement of the contents; and\n(c) allow any scrutineers present, if they desire, to sign each\nparcel.\n56 Disregarding certain votes\nThe Chief Electoral Officer may declare the results of a referendum\nif he or she is satisfied that any ballot-papers that:\n(a) have not been received by a Divisional Returning Officer; or\n(b) have not been dealt with in accordance with this Act,\ncannot, due to the number of those ballot-papers, affect the\noutcome of a determination of the results of a referendum.\n\nPart 4 Determination of results of polling\nReferendums Act 1998 26\n57 Re-count\n(1) The Divisional Returning Officer for a division, at any time before\nthe determination of the results of a referendum:\n(a) may of his or her own motion or on the written request of a\nmember of the Legislative Assembly or a person authorised to\nappoint a scrutineer; and\n(b) must, on the direction of the Chief Electoral Officer,\nre-count any ballot-papers placed in a parcel in accordance with\nthis Part.\n(2) A request under subsection (1)(a) is to contain a statement of the\nreasons for the request.\n58 Applicable provisions for re-count\nThis Part applies to a re-count of any ballot-papers as if the re-\ncount were the determination of the results of a referendum and\nany decision in relation to the determination as to the admission or\nrejection of a ballot-paper as a formal ballot-paper may be\nreversed.\n59 Referral of questions\n(1) The Divisional Returning Officer conducting a re-count under\nsection 57 must, if required by a scrutineer, refer any question\nrelating to the formal or informal nature of a ballot-paper to the\nChief Electoral Officer.\n(2) The Chief Electoral Officer must decide a question referred for him\nor her under subsection (1).\n60 Return of writ for referendum\nThe Chief Electoral Officer must, after the results of the referendum\nare determined:\n(a) write on the writ for the referendum the total number of votes\nin favour of the question and the total number of votes against\nthe question;\n(b) write on the writ whether or not the question has been\napproved by a majority of the electors voting;\n(c) return the writ to the Administrator;\n(d) retain a copy of the writ; and\n\nPart 5 Disputed referendum\nReferendums Act 1998 27\n(e) notify the results of the referendum in the Gazette.\nPart 5 Disputed referendum\n61 Referendum Tribunal\n(1) The Referendum Tribunal is established.\n(2) The Tribunal is constituted by a Judge of the Supreme Court.\n(3) The Tribunal must keep a record of its proceedings under this Part.\n62 Method of disputing validity of referendum\n(1) The validity of a referendum may be disputed by petition addressed\nto the Tribunal, but not otherwise.\n(2) The Tribunal has jurisdiction to hear and determine a petition.\n(3) A petition is to:\n(a) set out the facts relied on to invalidate the referendum;\n(b) set out those facts with sufficient particularity to identify the\nspecific matter or matters on which the petitioner relies as\njustifying the grant of relief;\n(c) contain a prayer asking for the relief the petitioner claims to be\nentitled to;\n(d) be signed by the person making the petition;\n(e) be attested by 2 witnesses whose occupations and addresses\nare stated; and\n(f) be filed with an Associate Judge not later than 21 days after\nthe day fixed for the return of the writ for the referendum.\n(4) At the time of filing a petition the petitioner must lodge $500 with the\nAssociate Judge as security for costs.\n(5) The Associate Judge must deposit money lodged under\nsubsection (4) in a trust account and must not disperse the money\nother than in accordance with section 75.\n(6) The trust account is to be known as \"The Referendum Tribunal\nTrust Account\".\n\nPart 5 Disputed referendum\nReferendums Act 1998 28\n63 Persons to be served\n(1) A notice of the lodging of a petition and a copy of the petition must\nbe served on the Chief Electoral Officer.\n(2) If the Chief Electoral Officer proposes to contest the petition, he or\nshe must, not later than 7 days after the service or any further time\nthat is allowed by the Tribunal, lodge a reply to the petition with the\nAssociate Judge and the petitioner.\n(3) A reply to the petition is to:\n(a) set out the facts on which the Chief Electoral Officer proposes\nto reply;\n(b) ask for the relief to which the Chief Electoral Officer claims to\nbe entitled; and\n(c) be signed by the Chief Electoral Officer.\n64 No proceedings unless requisites complied with\nThe proceedings on a petition must not be proceeded with unless\nthe requirements of sections 62 and 63 are complied with in respect\nof the petition.\n65 Hearings of Tribunal\nThe Tribunal, when exercising the jurisdiction conferred by this\nPart:\n(a) is to be open to the public; and\n(b) is not bound by the rules of evidence.\n66 Powers of Tribunal\n(1) Subject to section 68, the powers of the Tribunal includes the power\nto:\n(a) adjourn; and\n(b) compel the attendance of witnesses and the production of\ndocuments; and\n(c) require a person appearing before it to give evidence on oath;\nand\n(d) with the consent of the parties to the proceedings, receive\nevidence on affidavit or by statutory declaration; and\n\nPart 5 Disputed referendum\nReferendums Act 1998 29\n(e) regulate the form and mode of its proceedings in each case;\nand\n(f) grant to a party to the petition leave to inspect, in the presence\nof an officer nominated by the Tribunal, the rolls and other\ndocuments (except ballot-papers) used at or in connection\nwith the referendum to which a petition relates and to take, in\nthe presence of the officer, extracts from those rolls and\ndocuments; and\n(g) permit, at any stage of its proceedings and on the terms that it\nthinks fit, amendments to a petition or other pleadings, that it\nthinks fit; and\n(h) permit a person to appear and be heard, or to be represented,\nin its proceedings; and\n(j) declare a referendum void; and\n(k) uphold a petition, in whole or in part; and\n(m) dismiss a petition; and\n(n) award costs.\n(2) The Tribunal may exercise all or any of its powers under this\nsection on any grounds that it thinks fit.\n(3) Without limiting the powers conferred by this section, the power of\nthe Tribunal to declare a referendum void may be exercised on the\nground that illegal practices were committed in connection with the\nreferendum.\n(4) The Tribunal has power to punish a contempt of its authority as if it\nwere the Supreme Court and as if the contempt were a contempt of\nthe Supreme Court.\n67 Inquiries by Tribunal\n(1) The Tribunal must inquire whether or not the requirements of\nsections 62 and 63 have been complied with and, so far as voting is\nconcerned, may inquire into the identity of persons and whether\ntheir votes were improperly admitted or rejected and whether the\nresult of the polling was correctly ascertained, but the Tribunal must\nnot inquire into the correctness of a roll and must take the roll to be\nconclusive evidence that the persons enrolled were, at the time of\nthe issue of the writ for the referendum, entitled to be enrolled.\n(2) The qualification of a person enrolled must not be questioned and a\nreferendum must not be declared void on the ground that a person\n\nPart 5 Disputed referendum\nReferendums Act 1998 30\nwhose name appears on the roll for a division, and who has voted\nas an elector for the division, was not qualified to be enrolled or to\ncontinue to be enrolled as an elector for the division.\n68 Exercise of powers\n(1) The Tribunal must not exercise the power referred to in\nsection 66(1)(j) or (k):\n(a) on the ground of an action that occurred; or\n(b) on the ground of the commission of an offence against this\nAct,\nunless it is satisfied:\n(c) that the result of the referendum was likely to have been\naffected by that action or the commission of the offence; and\n(d) that it is just that the Tribunal exercise that power.\n(2) The Tribunal must not:\n(a) in determining whether the actions of an officer affected the\nresults of a referendum, admit evidence of the manner in\nwhich a person, who was wrongly prevented from voting at a\nreferendum by an officer, would have voted; or\n(b) admit evidence from a person referred to in paragraph (a)\nunless the person satisfies the Tribunal that he or she was\nwrongly prevented from voting.\n69 Reporting of offences\nIf the Tribunal finds that a person has committed an offence against\nthis Act, the Associate Judge must, as soon as practicable, report\nthat finding to the Attorney-General, the Director of Public\nProsecutions and the Minister.\n70 Tribunal may have regard to certain rejected ballot-papers\nIn making its decision on a petition, the Tribunal may:\n(a) have regard to ballot-papers used for voting under Part 3\nrejected at the determination if satisfied that the votes marked\non the ballot-papers were recorded before the close of polling;\nand\n\nPart 5 Disputed referendum\nReferendums Act 1998 31\n(b) have regard to any ballot-paper for voting under section 25 or\n36 rejected at the determination if of the opinion that the\nballot-papers should not have been rejected.\n71 Immaterial errors not to vitiate referendum\nA referendum must not be voided on account of a delay in the\npolling or the return of the writ for the referendum.\n72 No appeal\nAn appeal or other proceedings does not lie from or in relation to a\ndecision of the Tribunal.\n73 Clerk of Legislative Assembly to receive copy of petition and\ndecision\nThe Associate Judge must:\n(a) as soon as practicable after the issue of a petition; and\n(b) after the determination of the petition,\nforward to the Clerk of the Legislative Assembly a copy of the\npetition and a copy of the order of the Tribunal made after the\ndetermination.\n74 Representation at hearing\n(1) A party to proceedings under this Part cannot, except by consent of\nall parties, or by leave of the Tribunal, be represented by an agent\nor legal practitioner.\n(2) Without limiting subsection (1), no more than one agent or legal\npractitioner may appear at the same time on behalf of a party to the\nproceedings under this Part.\n75 Costs\n(1) The Tribunal may award costs as it thinks fit in proceedings under\nthis Part.\n(2) A security paid in accordance with section 62(4):\n(a) is to be returned to the person who paid the security if:\n(i) no order as to costs is made; or\n(ii) costs are awarded to the person who paid the security;\nor\n\nPart 6 Offences\nReferendums Act 1998 32\n(b) is to be applied toward the costs of the person to whom they\nare awarded, other than the person referred to in\nparagraph (a).\n(3) Costs ordered to be paid under this section by the Tribunal may be\nrecovered as if the order of the Tribunal were a judgment of the\nSupreme Court, and that order it to be entered as a judgment of the\nSupreme Court and is to be enforced accordingly.\n76 Rules of Tribunal\nThe Judges who are appointed under section 32(1) of the Supreme\nCourt Act 1979 and are not additional Judges, or a majority of those\nJudges, may make rules, not inconsistent with this Act:\n(a) regulating the practice and procedure of the Tribunal;\n(b) conferring on the Tribunal additional powers necessary or\nconvenient for carrying out its functions; and\n(c) making any other provision that is necessary or convenient for\ncarrying into effect the provisions of this Part relating to the\nTribunal.\nPart 6 Offences\n77 Exemption of public policy statements\nDespite anything in this Act, a declaration of public policy or\npromise of public action is not to be construed as an offence.\n78 Printing of advertisements\n(1) On or after the date of issue and before the return of a writ for a\nreferendum, a person must not:\n(a) print or publish a printed referendum advertisement, handbill\nor pamphlet, other than an advertisement in a newspaper,\nwithout the name and place of business (if any) of the printer\nor other person producing the matter being printed at the foot\nof the matter;\n(b) publish a referendum advertisement, handbill or pamphlet or\nissue a referendum notice, other than the announcement by\nadvertisement in a newspaper of the holding of a meeting,\nwithout the name and address of the person authorising the\nadvertisement, handbill, pamphlet or referendum notice\nappearing at the end of the document;\n\nPart 6 Offences\nReferendums Act 1998 33\n(c) print, publish or distribute a referendum advertisement, notice,\nhandbill, pamphlet or card containing a representation of a\nballot-paper or a representation apparently intended to\nrepresent a ballot-paper, having on it directions intended to or\nlikely to mislead or improperly interfere with an elector in or in\nrelation to the casting of his or her vote;\n(d) print, publish or distribute a referendum advertisement, notice,\nhandbill, pamphlet or card containing an untrue or incorrect\nstatement intended to or likely to mislead or improperly\ninterfere with an elector in or in relation to the casting of the\nelector's vote; or\n(e) wilfully inform an elector that the elector is not enrolled, or that\nthe elector is not enrolled for a particular division, if he or she\nis enrolled, or is enrolled for the division, as the case may be.\nMaximum penalty: 8 penalty units or imprisonment for\n6 months.\n(2) In subsection (1), publish and distribute includes publish or\ndistribute, or publish and distribute, by electronic means and that\nsubsection applies whether or not the electronic means results in\nthe production of printed matter.\n79 Heading of advertisements\nOn and after the date of issue and before the return of the writ for a\nreferendum, the proprietor of every newspaper published or\ndistributed in the Territory must cause the word \"advertisement\" to\nbe printed as a headline in letters not smaller than 10 point, to each\narticle or paragraph in his or her newspaper containing:\n(a) matter intended or calculated to affect the result of a\nreferendum; or\n(b) a report of a speech of a person,\nthe insertion of which is or is to be paid for or for which any reward\nor compensation or promise is or is to be made.\nMaximum penalty: 8 penalty units or imprisonment for\n6 months.\n80 Articles to be signed\n(1) Subject to subsection (3), on and after the date of issue and before\nthe return of the writ for a referendum, every article, report, letter or\nother matter commenting on the issues being submitted to the\nelectors at the referendum, published in any newspaper, circular,\n\nPart 6 Offences\nReferendums Act 1998 34\npamphlet or handbill must:\n(a) be signed by the author; or\n(b) state the true name and address of the author at the end of\nthe article, report, letter or other matter, or that part of it which\nis published.\nMaximum penalty: 8 penalty units or imprisonment for\n6 months.\n(2) Subject to subsection (3), a newspaper editor or proprietor who\npermits, in a newspaper that he or she edits or owns, the\ncontravention or failure to comply with subsection (1) is guilty of an\noffence.\nMaximum penalty: 8 penalty units or imprisonment for\n6 months.\n(3) This section does not apply to the publishing in a newspaper of:\n(a) a leading article; or\n(b) an article that consists solely of a report of a meeting and\ndoes not contain any comment, other than comment made by\na speaker at the meeting, on the issues being submitted to the\nelectors.\n81 Broadcasting of advertisements\n(1) On and after the date of issue and before the return of the writ for a\nreferendum, every referendum advertisement that is broadcast on\nradio or television must contain a statement of the name and\naddress of the person authorising the advertisement.\n(2) The statement must be at the end of the advertisement.\nMaximum penalty: 8 penalty units or imprisonment for\n6 months.\n82 Untrue statements\nA person must not make an untrue statement or supply false\ninformation:\n(a) to an officer for the purposes of or in connection with:\n(i) the preparation, maintenance or revision of the rolls; or\n(ii) obtaining a ballot-paper; or\n\nPart 6 Offences\nReferendums Act 1998 35\n(b) in a document required by or under this Act to be signed by\nthe person.\nMaximum penalty: 17 penalty units or imprisonment for\n2 years.\n83 Signature to papers\n(1) If a person who is required by this Act to sign a document is unable\nto sign his or her name in writing and instead makes his or her mark\nas his or her signature, the mark is to be taken to be his personal\nsignature, if, subject to subsection (2), it is made in the presence of\na witness who signs the document as witness.\n(2) If a person of a description referred to in subsection (1) makes an\napplication for a postal ballot-paper or completes a postal vote\ncertificate, a reference in subsection (1) to a witness who signs the\ndocument as witness is to be read as a reference to 2 witnesses\nwho sign the application or postal vote certificate, as the case may\nbe, as witnesses.\n(3) A person must not make the signature of another person on a\ndocument required by this Act to be signed by the other person.\nMaximum penalty: 17 penalty units or imprisonment for\n2 years.\n84 Witnesses to papers\n(1) A person must not:\n(a) sign his or her name as witness on a blank document that is\nrequired by this Act to be witnessed;\n(b) sign his or her name as witness on a document required by\nthis Act to be witnessed that has been wholly or partly\ncompleted unless it has been signed by the person intended\nto sign it;\n(c) sign his or her name as witness on a document required by\nthis Act to be witnessed unless he or she has seen the\nperson, whose signature he or she purports to witness, sign it;\nor\n(d) write a name other than his or her own name as his or her\nown name on a document required by this Act.\nMaximum penalty: 17 penalty units or imprisonment for\n2 years.\n\nPart 6 Offences\nReferendums Act 1998 36\n(2) A member of the Legislative Assembly or person who is authorised\nto appoint scrutineers must not sign his or her name as witness on\na document required by this Act to be witnessed.\nMaximum penalty: 0.8 penalty unit.\n85 Canvassing near polling places prohibited\nSubject to this Act, a person must not during polling hours on\npolling day or a day to which polling is adjourned, within 10 metres\nof the entrance of a polling place or by means of sound\namplification with the intention that the message is audible in or\nwithin 10 metres of the entrance of a polling place:\n(a) canvass for votes;\n(b) solicit the vote of an elector;\n(c) induce an elector not to vote in a particular way;\n(d) induce an elector not to vote at the referendum; or\n(e) exhibit a notice or sign relating to the referendum.\nMaximum penalty: 8 penalty units.\n86 Making unauthorised marks\n(1) A person must not, without lawful authority, proof of which lies on\nhim or her:\n(a) make on or in a paper a mark required by this Act to be placed\non or in the paper;\n(b) have in his or her possession any paper bearing a mark\nreferred to in paragraph (a); or\n(c) make, use or have in his or her possession an instrument\ncapable of making on or in a paper a mark referred to in\nparagraph (a) other than an instrument used for the purposes\nof voting.\nMaximum penalty: 17 penalty units or imprisonment for\n2 years.\n(2) A person who, without lawful authority, proof of which authority lies\non the person, makes on or in a ballot-paper, or on or in a paper\npurporting to be a ballot-paper, a mark referred to in\nsubsection (1)(a), is to be taken to have forged the ballot-paper.\n\nPart 7 Miscellaneous\nReferendums Act 1998 37\n(3) A paper bearing a mark referred to in subsection (1)(a), and all\ninstruments capable of making that mark on or in a paper made,\nused or in the possession of any person without lawful authority,\nproof of which authority lies on the person, is forfeited to the\nTerritory and may, without warrant, be seized by any member of the\nPolice Force and destroyed or dealt with in any manner that the\nChief Electoral Officer or the Commissioner of Police thinks fit.\n87 Forged documents\nA person must not forge, or utter knowing it to be forged, a\ndocument required by this Act.\nMaximum penalty: 17 penalty units or imprisonment for\n2 years.\n88 Influencing officer\nA person who, directly or indirectly, by force, deception, threat or\nintimidation of any kind, influences or attempts to influence an\nofficer in the exercise of the officer's duty, authority or discretion\nunder this Act, is guilty of an offence.\nMaximum penalty: 17 penalty units or imprisonment for\n2 years.\nPart 7 Miscellaneous\n89 Referendum at same time as election\n(1) If polling day for a referendum is the same as that fixed as polling\nday for an election of a member of the Legislative Assembly:\n(a) a person appointed as an officer under the Northern Territory\nElectoral Act 1995 for the election is to be taken to be\nappointed as an officer for the referendum;\n(b) a polling place appointed under the Northern Territory\nElectoral Act 1995 for the election is to be taken to be a polling\nplace for the referendum;\n(c) a mobile polling team authorised under the Northern Territory\nElectoral Act 1995 for the election is to be taken to be a\nmobile polling team for the referendum and may be used at\nthe places and during the days and hours specified under that\nAct;\n(d) the same certified list of voters may be used for the purposes\nof both the election and referendum;\n\nPart 7 Miscellaneous\nReferendums Act 1998 38\n(e) the date for the purposes of sections 25 and 26 is the close of\nnominations for the election; and\n(f) the answer given by a person to a question asked of him or\nher under section 67 of the Northern Territory Electoral\nAct 1995 is to be taken to be the person's answer to the\nequivalent question in section 31.\n(2) If polling day for a referendum is the same as that fixed as polling\nday for:\n(a) an election conducted under the Commonwealth Electoral\nAct 1918 of the Commonwealth; or\n(b) a referendum under the Referendum (Machinery Provisions)\nAct 1984 of the Commonwealth,\nthe Chief Electoral Officer may enter into an agreement with the\nAustralian Electoral Commission for it to conduct the referendum.\n(3) If a referendum under this Act is to be conducted by the Australian\nElectoral Commission, the Administrator may, by notice in the\nGazette, specify how the referendum is to be conducted.\n(4) The notice may provide for anything that in the opinion of the\nAdministrator is necessary or convenient to be done to ensure that\nthe referendum and the election under the Commonwealth Electoral\nAct 1918 of the Commonwealth or the referendum under the\nReferendum (Machinery Provisions) Act 1984 of the\nCommonwealth are able to be conducted in a manner that\nfacilitates the conduct of the referendum and the election or\nreferendum, as the case may be, at the same time.\n(5) Without limiting the matter that may be included in the notice, the\nnotice may:\n(a) provide that a provision of this Act or the Regulations is to be\ntaken to not apply to the conduct of the referendum or to have\nbeen amended as specified in the notice;\n(b) provide that procedures under the Commonwealth Electoral\nAct 1918 of the Commonwealth and the Referendums\n(Machinery Provisions) Act 1984 of the Commonwealth are to\napply to the conduct of the referendum in substitution for those\ncontained in this Act; and\n(c) provide that officers appointed under the Commonwealth\nElectoral Act 1918 of the Commonwealth and the\nReferendums (Machinery Provisions) Act 1984 of the\nCommonwealth may exercise the powers and perform the\n\nPart 7 Miscellaneous\nReferendums Act 1998 39\nfunctions of officers under this Act.\n(6) For the purposes of the referendum conducted under this Act,\nanything done in accordance with a notice under this section is to\nbe taken to have been done under this Act.\n90 Extension of time\n(1) Subject to subsection (2), the Administrator may, by notice in the\nGazette, within 20 days before or after polling day:\n(a) extend the time for the holding of a referendum; or\n(b) extend the time for the return of the writ for the referendum,\nfor the purpose of obviating a difficulty that may arise in the\nreferendum.\n(2) A polling day must not be postponed under subsection (1) at any\ntime later than 7 days before the time originally appointed.\n(3) The Chief Electoral Officer must give public notice of any extension\nof time under subsection (1) in the division to which the extension\nrelates.\n91 Averments\nThe averments of the prosecutor contained in an information or\ncomplaint relating to an offence against this Act are evidence of the\nmatters averred.\n92 Regulatory offences\nAn offence of contravening or failing to comply with section 41(2),\n44, 46, 47(11) or 83 is a regulatory offence.\n93 Prosecutions not to be brought after 12 months\nDespite any other law in force in the Territory, a prosecution for an\noffence against this Act or the Regulations cannot be brought if\n12 months have elapsed from the date of the commission of the\noffence.\n\nPart 7 Miscellaneous\nReferendums Act 1998 40\n94 Disclosure of information\nA person who is or has been an officer must not, except for the\npurposes of this Act, disclose any document or information that he\nor she has received while acting or purporting to act in accordance\nwith his or her duty as an officer.\nMaximum penalty: 17 penalty units or imprisonment for\n2 years.\n95 Protection of officers\nAn action or proceeding, civil or criminal, does not lie against a\nperson who is or has been an officer for or in respect of an act or\nthing done in good faith by the person in his or her capacity as an\nofficer.\n96 Destruction of ballot-papers\n(1) The Chief Electoral Officer must preserve:\n(a) all ballot-papers;\n(b) all certified lists of voters; and\n(c) all declarations,\nused at a referendum for not less than 6 months after the date of\nthe return of the writ for the referendum.\n(2) Subject to any directions of the Tribunal, the Chief Electoral Officer\nmust destroy all ballot-papers, lists and declarations referred to in\nsubsection (1) at any time, being not later than 12 months, after the\ndate of the return of the writ for the referendum, that he or she\nthinks fit.\n97 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\nSchedule\nReferendums Act 1998 41\nSchedule\nsection 7\nNORTHERN TERRITORY OF AUSTRALIA\nREFERENDUMS ACT 1998\nWRIT FOR REFERENDUM\nTO:\nthe Chief Electoral Officer.\nI order you to conduct or make arrangements for the conduct of a referendum\nin accordance with the Referendums Act 1998 on the question\n, approved by the Legislative Assembly and a copy of which is attached, and\nfix:\n(a) , to be polling day; and\n(b) , to be the last day on which this writ may be returned.\nThis writ was issued on , .\nGiven under my Hand and the Public Seal of the Northern Territory of\nAustralia.\nAdministrator\n\nENDNOTES\nReferendums Act 1998 42\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nReferendums Act 1998 (Act No. 49, 1998)\nAssent date 14 August 1998\nCommenced 14 August 1998\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nPenalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27,\n2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\n\nENDNOTES\nReferendums Act 1998 43\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 2, 13, 26, 36, 45, 76 and 89\nand sch.\n4 LIST OF AMENDMENTS\ns 2 amd No. 18, 2017, s 36\ns 13 amd No. 29, 2019, s 401\ns 17 amd No. 62, 2001, s 15\ns 35 amd No. 27, 2011, s 3\nss 40 – 42 amd No. 27, 2011, s 3\nss 44 – 47 amd No. 27, 2011, s 3\nss 62 – 63 amd No. 18, 2017, s 36\ns 66 amd No. 40, 2010, s 118\ns 69 amd No. 18, 2017, s 36\ns 73 amd No. 18, 2017, s 36\nss 78 – 88 amd No. 27, 2011, s 3\ns 94 amd No. 27, 2011, s 3","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act has grown beyond a bare, high‑level statement that referendums may be held: subsequent provisions and amendments added detailed operational machinery, expanded offences and advertising controls, created a dedicated Tribunal process, and provided explicit cross‑application with Territory and Commonwealth electoral law. Concretely, it now prescribes (a) detailed offence and advertising rules (Part 6, ss 78–82), (b) formal distribution of authorised arguments by Parliamentary majorities to electors (s 10), (c) Tribunal procedures and cost/security mechanics for challenges (Part 5, ss 62–75), and (d) interaction and substitution mechanisms when referendums coincide with NT or Commonwealth elections (s 89). Those additions move the Act from a procedural framework to a comprehensive regulatory regime that allocates administrative discretion, sets disclosure and labelling obligations for media and printers, and imposes specific timelines and preservation/destruction rules for electoral materials (s 96). These changes extend the Act’s operational scope and compliance burdens compared with a narrower original intent to provide only basic referendum machinery."},"complexity_factors":["Length: about 97 sections plus Schedule across 7 Parts with multiple Divisions","Cross-references to other statutes: frequent (Northern Territory Electoral Act 1995, Commonwealth Electoral Act 1918, Referendum (Machinery Provisions) Act 1984, Northern Territory (Self Government) Act 1978)","Number of defined terms in interpretation (dozens including officer, elector, mobile polling team, referendum advertisement)","Multiple conditional pathways: mobile polling authorisations (ss 14, 24), pre-poll and postal voting (ss 25–26), combined referendums/elections (s 89)","Detailed offences with varied penalties (many sections in Part 6 and offence provisions throughout)","Tribunal procedure: a separate judicial procedure with tight filing deadlines, security for costs and limited representation (Part 5, ss 61–76)","Timing rules and multiple clearance periods (e.g. 16–52 day window for polling day, 7 clear days for postal issuing, 3 days for authorised arguments)","Discretionary powers concentrated in Chief Electoral Officer and Divisional Returning Officers (appointment of places and officers, admission/rejection of ballot papers, publication choices)","Procedural complexity in counting/determination and re-counts (Part 4, ss 52–59)","Prescribed forms and regulations: the Act leaves numerous details to Regulations and prescribed forms (s 97; cross-references to Electoral Regulations)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes the legal machinery for holding referendums in the Northern Territory: who starts them, how they are announced, how voting is run, how votes are counted, and how disputes are decided (see Parts 2–5, especially ss 5–10, 25–26, 48–60, 61–76).\n- Requires the Legislative Assembly to resolve to submit a question; the Administrator then issues the formal writ ordering the Chief Electoral Officer to run the referendum (ss 5–9).\n- Sets minimum and maximum timing for polling day after issue of the writ (not less than 16 clear days and not more than 52 clear days) and requires publication of the writ and public advertising by the Chief Electoral Officer (s 7(3); s 9).\n- Imports and cross‑applies relevant provisions of the Northern Territory Electoral Act 1995 for rolls, postal voting and certain forms (e.g. ss 2 definitions, 11–12, 26(1)).\n- Prescribes detailed polling procedures: rolls and certified lists (ss 11, 18), polling‑place arrangements and mobile polling teams (ss 13–16, 14), pre‑poll and postal voting (ss 25–26), issuance and marking of ballot papers, secrecy of the ballot, assistance for incapacitated or illiterate voters (ss 30–37), and ballot handling and transmission (ss 29, 33, 43, 52).\n- Sets rules for counting and declaring results, including when the Chief Electoral Officer may declare results without dealing with every outstanding paper because the outstanding papers cannot affect the outcome (ss 52–56, 60).\n- Creates a Referendum Tribunal (a Supreme Court judge) to hear petitions that a referendum is invalid and gives the Tribunal powers to inquire, order relief and punish contempt (Part 5, ss 61–76).\n- Regulates referendum advertising, requiring identification of printers/authorisers, prohibiting misleading representations of ballot papers, and setting broadcasting and newspaper headline requirements during the writ period (Part 6, ss 77–81, 78(1), 79–81).\n- Establishes a range of offences (fraud, impersonation, unauthorised marking, misleading registration information, canvassing restrictions near polling places) and corresponding penalties (Part 6 and various offence provisions throughout the Act).\n- Preserves ballot papers and related material for a minimum period and allows destruction thereafter within 12 months (s 96). The Administrator may make regulations to fill gaps (s 97).\n\n**Who it affects**\n\n- Electors: sets who may vote (ss 28–31), how they vote (ss 34, 41), and limited compulsory‑voting obligations (s 45).\n- The Legislative Assembly: decides whether to put a question to electors and may authorise text for distribution (s 5; s 10).\n- Administrator: issues the writ (s 6) and may make notices to adapt procedures when a referendum coincides with a Commonwealth election (s 89).\n- Chief Electoral Officer and electoral officers (Divisional Returning Officers, presiding officers, mobile polling team leaders): run the referendum, prepare rolls, arrange polling places and counts, and have delegated powers (ss 3, 9, 11, 16, 52).\n- Employers: must give short leave for employees to vote if absence is required (s 42).\n- Media, printers and broadcasters: must include authoriser details on referendum material during the writ period and follow rules on labelling and broadcasts (ss 78–81).\n- Organisations or persons seeking to challenge results: must use the Referendum Tribunal procedure, comply with strict filing rules and security for costs (ss 62–65).\n\n**Why it matters (practical effects and operational points)**\n\n- Establishes a step‑by‑step, time‑bound process so a referendum can be lawfully conducted and its result returned and published (ss 7, 9, 60).\n- Protects ballot secrecy and integrity through booth design, initialling of ballot papers, limits on who can be present, and offences for tampering (ss 19, 33, 34, 43, 44, 47, 86–87).\n- Controls campaign information disseminated directly by the Legislative Assembly through authorised “arguments” (2,000 words) to be posted to electors (s 10), and otherwise regulates advertising to reduce misleading material during the writ period (ss 78–82).\n- Creates a focused, court‑like dispute mechanism (the Referendum Tribunal) with tight time limits and procedural rules rather than general litigation (Part 5, especially ss 62–66, 74–75).  \n\n**Official purpose claims and practical trade‑offs**\n\nThe Act’s stated practical purpose is to provide machinery for conduct of referendums and related legal protection. Taken against that claim:\n\n- Costs and who pays: administrative costs (printing, staff, postage for authorised arguments, mobile polling logistics) are borne by the Territory through the Chief Electoral Officer (ss 9, 10(7)). Media, printers and broadcasters have compliance costs (ss 78–81). Employers bear small leave‑cost impacts (s 42). There is no explicit charge to private parties for lodging petitions besides a $500 security for costs (s 62(4)).\n\n- Incentives and behaviour changes: legislators control whether a question goes to voters (s 5) and majorities of members may authorise the argument text that will be distributed (s 10)—this concentrates the distribution benefit with those in Parliament who backed or opposed the question. Candidates for scrutineer or petitioners face procedural hurdles (formal appointments, deadlines, security for costs) that limit frivolous challenges but raise entry costs (ss 17, 62–63).\n\n- Trade‑offs and opportunity costs: the Act emphasises procedural certainty and integrity (detailed offences, Tribunal) at the price of compliance complexity for campaigners and administrative burden for the electoral office (Parts 3–6). The requirement that authorised arguments be submitted very soon after the writ (within 3 days) shortens the campaign window for that specific printed material (s 10(5)).\n\n- Implementation risk and bureaucratic discretion: many operational choices fall to the Chief Electoral Officer and Divisional Returning Officers (appointment of officers, polling places, substitution of mobile polling locations, acceptance/rejection of ballot papers and signature requirements) which concentrates implementation discretion in the electoral administration (ss 11, 13–16, 24, 52–53). Combined polling with Commonwealth elections allows further procedural substitution by notice (s 89(5)). Such delegation increases flexibility but raises risk of contested discretionary decisions.\n\n- Effects on private enterprise and speech: commercial printers, newspapers and broadcasters must include authoriser/printer details and particular headings during the writ period (ss 78–81). That creates modest registration and labelling costs and potential disclosure of funding/authorisation. The liquor licensing restriction for polling places (s 13(2)) can limit use of some private venues unless segregation and no‑sale conditions are met.\n\n- Capture and concentrated benefits: the Act gives Parliamentary majorities the formal avenue to distribute an official argument pamphlet to electors (s 10). That mechanism delivers a concentrated, government‑sourced communication to all electors while other campaigners face standard advertising rules and costs.\n\n**Practical pointers for users**\n\n- Timeline to track: writ issued → polling day must be 16–52 clear days after writ (s 7(3)); postal ballots generally not issued until 7 clear days after the writ (s 26(3)); authorised arguments to the Chief Electoral Officer due within 3 days of the writ (s 10(5)).\n- If a referendum is run on the same day as an NT election or Commonwealth poll, many procedures and officers may be shared or substituted (s 89).\n- Disputes must be filed at the Referendum Tribunal quickly (within 21 days after return of the writ) and require $500 security (s 62).\n\n(References in parentheses are to relevant sections cited above.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing a comprehensive framework for conducting referendums in the Northern Territory. While it has been amended several times (as shown in the Endnotes), these amendments are technical updates—updating penalty units, changing terminology (e.g., 'Master' to 'Associate Judge'), and updating liquor licensing references—rather than expansions into new policy areas. The core scope of regulating the mechanics of referendum conduct has not shifted."},"complexity_factors":["Extensive cross-referencing to the Northern Territory Electoral Act 1995 (at least 15 explicit references) and the Commonwealth Electoral Act 1918, requiring readers to flip between statutes to understand full procedures","Nested conditional logic in voting eligibility rules, particularly section 36 which contains three distinct scenarios for issuing ballot-papers to people not on the certified list, each with different declaration requirements","Dual procedural tracks for regular voting vs. mobile polling, pre-poll voting, and postal voting, each with separate timing rules and officer requirements (Divisions 4, 5, and 6)","Complex machinery for concurrent elections: section 89 allows the Administrator to effectively suspend or modify Act provisions via Gazette notice when referendums coincide with Territory or Commonwealth elections","Detailed evidentiary and procedural rules for the Referendum Tribunal (Part 5), including specific restrictions on evidence admissibility (section 68), cost security requirements (section 62), and contempt powers (section 66(4))","Multiple overlapping offence provisions with varying penalty units (ranging from 0.8 to 17 penalty units or 5 years imprisonment), creating a complex enforcement matrix","Incorporation by reference of forms and procedures from the Northern Territory Electoral Regulations 1996 (section 26(2)), meaning the Act is incomplete without reading subsidiary legislation"],"plain_english_summary":"**What this law does:**\n\nThis is the **Northern Territory's rulebook for running referendums** — votes where the public decides a specific question (usually about changing laws or the Territory's governance). It covers everything from start to finish: how the vote is called, how people cast their ballots, how votes are counted, and how to challenge dodgy results.\n\n**Who it affects:**\n\n- **Voters** — all enrolled electors in the NT must vote (it's compulsory, like elections)\n- **The NT Government** — the Legislative Assembly decides what question goes to a vote, and the Administrator (the Territory's representative of the Crown) issues the official writ (formal order) to hold the referendum\n- **Electoral officials** — the Chief Electoral Officer and their staff run the show, manage polling places, count votes, and handle disputes\n- **Political campaigners** — anyone running ads or handing out material for or against the question must follow strict rules about naming themselves and telling the truth\n\n**Why it matters:**\n\nReferendums are rare but powerful. This law ensures:\n- **Fair process**: Strict rules prevent cheating, intimidation, or misleading voters\n- **Accessibility**: Mobile polling teams visit hospitals and remote areas; pre-poll and postal voting is available\n- **Transparency**: Scrutineers (official observers) watch the count, and there's a special Tribunal (court-like body) to investigate dodgy results\n- **Finality**: Once the Referendum Tribunal rules, there's no appeal — the decision stands\n\n**Key features:**\n- **Compulsory voting** — skip it without a good reason and you face a small fine (section 45)\n- **Yes/No ballots** — voters write \"yes\" or \"no\" (or a tick/cross) to answer the question (section 41)\n- **Information pamphlets** — both sides get to write a 2,000-word argument sent to every voter (section 10)\n- **Double-dipping protection** — you can't vote twice, and there are checks for people voting in the wrong division (sections 36, 46)\n- **Advertising rules** — campaign material must show who paid for it, and lies are illegal (sections 78–82)\n- **Dispute resolution** — a single Supreme Court Judge sits as the Referendum Tribunal to hear challenges within 21 days (Part 5)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/referendums-act-1998","history":"/api/acts/referendums-act-1998/history","analysis":"/api/acts/referendums-act-1998/analysis","conflicts":"/api/acts/referendums-act-1998/conflicts","importantCases":"/api/acts/referendums-act-1998/important-cases","documents":"/api/acts/referendums-act-1998/documents"}}