{"id":"referendums-regulations-1998","name":"REFERENDUMS REGULATIONS 1998","slug":"referendums-regulations-1998","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177139,"registerId":"nt-referendums-regulations-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"REFERENDUMS REGULATIONS 1998","content":"NORTHERN TERRITORY OF AUSTRALIA\nREFERENDUMS REGULATIONS 1998\nAs in force at 1 March 2011\nTable of provisions\nPart 1 Preliminary\n1 Citation ............................................................................................ 1\nPart 2 Ballot-papers and ballot-boxes\n2 Postal ballot-paper........................................................................... 1\n3 Ballot-paper ..................................................................................... 1\n4 Ballot-boxes ..................................................................................... 1\nPart 3 Polling\n5 Incorrect details in roll ...................................................................... 2\n6 Pre-poll voting.................................................................................. 2\n7 Withholding of ballot-paper .............................................................. 3\n8 Record of refusal to issue ballot-paper under section 36 of Act....... 3\n9 Spoilt or discarded ballot-papers ..................................................... 4\n10 Postal ballot-box .............................................................................. 4\nPart 4 Examination of postal ballot-papers and\nballot-papers issued under section 25 or\n36 of Act\n11 Definitions ........................................................................................ 4\n12 Valid postal votes ............................................................................ 5\n13 Checking postal vote certificates ..................................................... 5\n14 Sorting of postal votes ..................................................................... 6\n15 Examination of section 36 declarations ........................................... 7\n16 Part-counting of votes ...................................................................... 8\n17 Omissions and errors in ballot-papers ............................................. 9\n18 Counting, &c., of postal votes and votes cast under\nsections 25 and 36 of Act ................................................................ 9\nPart 5 Failure to vote\n19 Reason for failure to vote................................................................. 9\n20 Court hearing ................................................................................. 11\nPart 6 Miscellaneous\n21 Deferred counting of ballot-papers ................................................ 12\n\nReferendums Regulations 1998 ii\n22 Declaration of officers and scrutineers .......................................... 12\nSchedule 1\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 March 2011\n____________________\nREFERENDUMS REGULATIONS 1998\nRegulations under the Referendums Act 1998\nPart 1 Preliminary\n1 Citation\nThese Regulations may be cited as the Referendums\nRegulations 1998.\nPart 2 Ballot-papers and ballot-boxes\n2 Postal ballot-paper\nA postal ballot-paper is to be in accordance with Form 1 in\nSchedule 1.\n3 Ballot-paper\nA ballot-paper (other than a postal ballot-paper) is to be in\naccordance with Form 2 in Schedule 1.\n4 Ballot-boxes\nA ballot-box is to:\n(a) be constructed of durable material;\n(b) be capable of being securely fastened or sealed; and\n(c) have a cleft through which ballot-papers are to be deposited\ninto the ballot-box.\n\nPart 3 Polling\nReferendums Regulations 1998 2\nPart 3 Polling\n5 Incorrect details in roll\n(1) A claim to vote at a polling place is not to be rejected by reason\nonly of the omission from the roll or a certified list of voters of the\ngiven name of a person or the entry of a wrong given name,\naddress, occupation or spelling of a surname if, in the opinion of the\npresiding officer, the voter is sufficiently identified.\n(2) A voter is not to be disqualified from voting under the name\nappearing on the roll by reason only of the voter's surname having\nbeen changed by marriage.\n6 Pre-poll voting\n(1) Unless the contrary intention appears, a reference in these\nRegulations to a claim to vote, a ballot-paper or voting includes a\nreference to:\n(a) a claim to vote for the purpose of casting a vote under\nsection 25 of the Act at a referendum before 6.00 p.m. on the\nday before the polling;\n(b) a ballot-paper used in connection with casting a vote under\nsection 25 of the Act; and\n(c) voting under section 25 of the Act.\n(2) For the purposes of conducting voting at a referendum under\nsection 25 of the Act, the Chief Electoral Officer may:\n(a) divide the Territory into regions; and\n(b) if he or she thinks fit, assign a name to each region.\n(3) If a voter casts his or her vote at a location that is not within the\nregion in which the division for which he or she is enrolled is\nsituated, the voter must, after complying with section 34(a), (b)\nand (c) of the Act:\n(a) place the ballot-paper on which he or she has marked his or\nher vote in an envelope bearing the name of the division for\nwhich he or she is enrolled;\n(b) seal the envelope; and\n(c) in complying with section 34(d) of the Act, deposit the\nenvelope in a ballot-box at the location.\n\nPart 3 Polling\nReferendums Regulations 1998 3\n(4) As soon as practicable after 6.00 p.m. on the day before polling\nday, the officer conducting polling at a location must send or deliver\nthe ballot-box in which ballot-papers were deposited at the location\nto an officer conducting a determination of the results of the poll.\n(5) In this regulation:\nlocation means a location where a voter casts his or her vote\nunder section 25(2) of the Act.\nregion means an area comprised of one or more divisions.\nvoter means an elector entitled to vote at a referendum who\napplies under section 25(1) of the Act to an officer conducting\nvoting at a referendum before 6.00 p.m. on the day before the\npolling day and who there and then votes at the referendum.\n7 Withholding of ballot-paper\nThe presiding officer of a polling place must refuse to issue a ballot-\npaper to a person required to answer a question put to him or her\nunder section 31(2) of the Act (other than the question under\nsection 31(2)(b) of the Act) if the person:\n(a) refuses to answer the question; or\n(b) fails to answer it in the affirmative.\n8 Record of refusal to issue ballot-paper under section 36 of Act\nA presiding officer of a polling place who refuses to issue a ballot-\npaper to a person who has made a declaration under section 36 of\nthe Act must:\n(a) make a written note of the person's request to be issued with\na ballot-paper and the presiding officer's reasons for refusing\nto issue it;\n(b) sign the note in the presence of those scrutineers that are\npresent at the polling place; and\n(c) at the close of polling forward the note to the Divisional\nReturning Officer for the division in which the polling place is\nsituated.\n\nPart 4 Examination of postal ballot-papers and ballot-papers issued under section 25\nor 36 of Act\nReferendums Regulations 1998 4\n9 Spoilt or discarded ballot-papers\nA presiding officer who receives a spoilt ballot-paper or finds a\ndiscarded ballot-paper referred to in section 38 of the Act must:\n(a) immediately write the word \"spoilt\" or \"discarded\", as the case\nmay be, across the face of the ballot-paper;\n(b) place the ballot-paper in an endorsed envelope; and\n(c) at the close of polling forward the ballot-paper to the Divisional\nReturning Officer.\n10 Postal ballot-box\nThe Divisional Returning Officer must:\n(a) keep a locked or sealed ballot-box with the words \"Postal\nBallot-box\" marked on it; and\n(b) place and keep in the ballot-box until determination of the\nresults of the poll all envelopes containing postal ballot-papers\nrelating to his or her division that are received by the\nDivisional Returning Officer and not excluded under\nregulation 12.\nPart 4 Examination of postal ballot-papers and ballot-\npapers issued under section 25 or 36 of Act\n11 Definitions\nIn this Part:\nballot-paper means a ballot-paper issued under section 25 or 36 of\nthe Act.\nDivisional Returning Officer, in relation to voting on ballot-papers\nor postal ballot-papers, means the Divisional Returning Officer for\nthe division in respect of which those votes are cast.\npostal ballot-paper means a ballot-paper issued under section 26\nof the Act.\n\nPart 4 Examination of postal ballot-papers and ballot-papers issued under section 25\nor 36 of Act\nReferendums Regulations 1998 5\n12 Valid postal votes\n(1) A postal ballot-paper is not to be included in the determination of\nthe results of the poll unless:\n(a) the vote marked on the postal ballot-paper is marked before\n6.00 p.m. on polling day; and\n(b) the ballot-paper is:\n(i) delivered to a presiding officer before the close of polling\non polling day; or\n(ii) received by a Divisional Returning Officer before\n6.00 p.m. on the Friday next following polling day.\n(2) In the absence of evidence to the contrary, the time and date\nappearing in the postal vote certificate of an elector is to be taken\nas the time and date on which the elector's vote was marked on the\npostal ballot-paper.\n13 Checking postal vote certificates\n(1) The checking of postal voting certificates is to be carried out in\naccordance with this regulation.\n(2) The checking of a postal voting certificate:\n(a) may be carried out at any time that the Divisional Returning\nOfficer considers practicable after receiving a postal vote; and\n(b) is to be carried out in the presence of another officer or a\nperson approved by the Chief Electoral Officer.\n(3) The Divisional Returning Officer must examine an elector’s postal\nvote certificate and his or her application for a postal ballot-paper.\n(4) If satisfied that:\n(a) the signature on the postal vote certificate is the same as that\non the application for the postal ballot-paper;\n(b) the signature on the postal vote certificate purports to be\nwitnessed by an authorised witness; and\n(c) the vote marked on the postal ballot-paper contained in the\nenvelope purports to have been cast before 6.00 p.m. on\npolling day,\n\nPart 4 Examination of postal ballot-papers and ballot-papers issued under section 25\nor 36 of Act\nReferendums Regulations 1998 6\nthe Divisional Returning Officer must:\n(d) place a mark against the name of the elector on a certified list\nof voters to be used by him or her for the purposes of the\ndetermination of the results of the poll; and\n(e) place the envelope unopened in the ballot-box referred to in\nregulation 10.\n(5) If the Divisional Returning Officer is not satisfied of the matters\nreferred to in subregulation (4)(a), (b) and (c), he or she must mark\nthe unopened envelope with the word \"rejected\" and place it in the\nballot-box referred to in regulation 10.\n14 Sorting of postal votes\n(1) Postal votes are to be sorted in accordance with this regulation.\n(2) The sorting of postal votes:\n(a) may be carried out at any time that the Divisional Returning\nOfficer considers practicable after 6.00 p.m. on the Friday next\nfollowing polling day; and\n(b) is to be carried out in the presence of those scrutineers that\nchoose to attend and any other persons approved by the\nDivisional Returning Officer.\n(3) The Divisional Returning Officer must produce unopened all\nenvelopes containing postal ballot-papers received by the Divisional\nReturning Officer not later than 6.00 p.m. on the Friday next\nfollowing polling day.\n(4) The Divisional Returning Officer must:\n(a) allow the scrutineers to inspect postal vote certificates marked\nwith the word \"rejected\";\n(b) exclude the postal ballot-papers contained in those unopened\npostal vote certificates from the determination of the results of\nthe poll; and\n(c) place those postal vote certificates, unopened, in a parcel.\n(5) The Divisional Returning Officer must:\n(a) withdraw from the envelopes admitted to the determination of\nthe results of the poll, the postal ballot-paper and, without\ninspecting or unfolding it or allowing any other person to do\nso, immediately deposit the folded postal ballot-paper in a\n\nPart 4 Examination of postal ballot-papers and ballot-papers issued under section 25\nor 36 of Act\nReferendums Regulations 1998 7\nlocked or sealed ballot-box; and\n(b) place the envelope from which the postal ballot-paper was\nwithdrawn in a parcel together with all other envelopes from\nwhich postal ballot-papers were withdrawn in accordance with\nparagraph (a).\n(6) The Divisional Returning Officer must seal up the parcels referred\nto in subregulations (4) and (5) and endorse on each parcel a\nstatement of its contents.\n15 Examination of section 36 declarations\n(1) The examination of declarations made under section 36 of the Act\nis to be carried out in accordance with this regulation.\n(2) The examination of declarations:\n(a) is not be carried out until after the close of polling; and\n(b) is to be carried out in the presence of those scrutineers that\nchoose to attend and any other persons approved by the\nDivisional Returning Officer.\n(3) The Divisional Returning Officer must produce unopened all\nenvelopes containing ballot-papers that bear declarations made\nunder section 36 of the Act and must examine each envelope.\n(4) If satisfied that:\n(a) the declaration on the envelope is properly signed and\nattested; and\n(b) the person who made the declaration is entitled to vote in\nrespect of, and, in the case of a person who made a\ndeclaration under section 36(2) or (3) of the Act, enrolled for,\nthe division in respect of which the Divisional Returning Officer\nis appointed,\nthe Divisional Returning Officer must:\n(c) place a mark against the name of the person, other than a\nperson who made a declaration under section 36(1) of the Act,\non a certified list of voters to be used by the Divisional\nReturning Officer for the purposes of the determination of the\nresults of the poll;\n\nPart 4 Examination of postal ballot-papers and ballot-papers issued under section 25\nor 36 of Act\nReferendums Regulations 1998 8\n(d) withdraw from the envelope the ballot-paper and, without\ninspecting it or unfolding the ballot-paper or allowing any other\nperson to do so, immediately deposit the folded ballot-paper in\na locked or sealed ballot-box; and\n(e) place the envelope from which the ballot-paper was withdrawn\nin a parcel together with all other envelopes from which ballot-\npapers were withdrawn in accordance with paragraph (d).\n(5) If the Divisional Returning Officer is not satisfied of the matters\nreferred to in subregulation (4)(a) and (b) he or she must exclude\nthe ballot-paper from the determination of the results of the poll\nwithout opening the envelope in which it is contained.\n(6) The Divisional Returning Officer must place in a parcel the\nunopened envelopes bearing declarations made under section 36\nof the Act of those persons whose ballot-papers have been\nexcluded from the determination of the results of the poll.\n(7) The Divisional Returning Officer must seal up the parcels referred\nto in subregulations (4)(e) and (6) and endorse on each parcel a\nstatement of its contents.\n(8) The Divisional Returning Officer must not exclude a ballot-paper\nfrom the determination of the results of the poll by reason only that\nthe presiding officer of the polling place where the vote was cast\nomitted to attest the declaration of the voter if the voter's name\nappears on the record made and signed by the presiding officer in\naccordance with section 36(4) of the Act.\n16 Part-counting of votes\n(1) It is not necessary for the Divisional Returning Officer, for the\npurposes of regulations 13, 14 and 15, to receive all envelopes\ncontaining postal ballot-papers or ballot-papers before he or she\nproceeds to deal with those postal ballot-papers or ballot-papers, as\nthe case may be, in accordance with section 52(1) of the Act.\n(2) However, sufficient uncounted postal ballot-papers or ballot-papers\nmust be kept in the ballot-box referred to in regulation 13(4)(e)\nor 15(4)(d) to ensure that any postal ballot-papers or ballot-papers\nthat are taken from the ballot-box for the purpose of being counted\nare taken from a number sufficient to prevent the identity of the\nvoters from being disclosed.\n\nPart 5 Failure to vote\nReferendums Regulations 1998 9\n17 Omissions and errors in ballot-papers\nWithout limiting the Act or these Regulations:\n(a) a postal ballot-paper is not to be counted if it is received by the\nDivisional Returning Officer otherwise than in the envelope\nbearing the postal vote certificate; and\n(b) a ballot-paper is not to be counted if it is received by the\nDivisional Returning Officer otherwise than in the envelope\nbearing the declaration of the voter made under section 36 of\nthe Act.\n18 Counting, &c., of postal votes and votes cast under\nsections 25 and 36 of Act\nFor the purposes of section 52(3) of the Act, except to the extent\nthat a Divisional Returning Officer is required to comply with this\nPart, Part 4 of the Act applies to ballot-papers and postal ballot-\npapers within the meaning of regulation 11 as if:\n(a) a reference in Part 4 of the Act to a ballot-paper is a reference\nto a ballot-paper or a postal ballot-paper within the meaning of\nregulation 11; and\n(b) a reference in Part 4 of the Act to a ballot-box is a reference to\na ballot-box in which is deposited envelopes:\n(i) bearing postal vote certificates;\n(ii) containing ballot-papers issued under section 25 of the\nAct; or\n(iii) bearing declarations made under section 36 of the Act.\nPart 5 Failure to vote\n19 Reason for failure to vote\n(1) As soon as practicable after a referendum, the Divisional Returning\nOfficer must prepare a list of electors for his or her division who\nfailed to vote at the referendum.\n(2) Subject to the directions of the Chief Electoral Officer, the Divisional\nReturning Officer must send a notice to each elector whose name\nappears on the list referred to in subregulation (1) within 3 months\nafter the declaration of the poll.\n\nPart 5 Failure to vote\nReferendums Regulations 1998 10\n(3) The notice:\n(a) is to be sent by post; and\n(b) is to require the elector to give an explanation of his or her\nreasons for failing to vote at the referendum within 21 days\nafter receiving the notice.\n(4) If a person to whom a notice under subregulation (2) is sent:\n(a) does not give an explanation for not having voted within the\ntime specified in the notice; or\n(b) gives an explanation that the Divisional Returning Officer does\nnot consider is a satisfactory explanation,\nthe Divisional Returning Officer must, by notice posted to the\nperson, advise the person accordingly and that legal proceedings\nmay be commenced against the person.\n(5) If a person has not voted at a referendum because of his or her\nreligious beliefs:\n(a) the person may give those religious beliefs as his or her\nexplanation for not having voted at the referendum; and\n(b) the explanation is to be taken to be a satisfactory explanation\nfor not having voted at the referendum.\n(6) A Divisional Returning Officer must keep a register for the division\nfor which he or she is appointed containing the name and address\nof each person who has given his or her religious beliefs as an\nexplanation for not having voted at a referendum.\n(7) The Divisional Returning Officer must send the explanation, if any,\nof an elector given under this regulation to a court before which a\ncharge against the elector for failing to vote at a referendum is to be\nheard.\n(8) The court must consider the contents of the written explanation of\nan elector given under this regulation as if it were given in evidence\nbefore the court, whether or not the elector is present.\n(9) If the elector attends the court and sets up a defence different in\nsubstance from the explanation contained in the elector's written\nexplanation given under this regulation, the court must, if it\ndismisses the complaint, do so without awarding the elector the\ncosts of his or her defence.\n\nPart 5 Failure to vote\nReferendums Regulations 1998 11\n(10) 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, a\nDivisional Returning Officer is not required to comply with this\nregulation if he or she has complied with regulation 30 of the\nNorthern Territory Electoral Regulations 1995.\n20 Court hearing\n(1) A notice in accordance with this regulation is to be served on the\ndefendant in any proceedings referred to in regulation 19.\n(2) The notice is to inform the defendant that he or she may:\n(a) attend the court and answer the charges in person; or\n(b) at any time not less than 7 days before the date fixed for the\nhearing, lodge with or send by post to the prosecuting officer a\nstatutory declaration setting out any matter he or she wants to\nset out in answer to the charge.\n(3) A notice referred to in subregulation (1) may be written on the\nsummons or may be a separate document served with the\nsummons.\n(4) If a statutory declaration is received by the prosecuting officer, he or\nshe must, as far as it is practicable to do, inquire into the truth of its\ncontents and must, unless the prosecution is withdrawn, bring the\ndeclaration to the notice of the court.\n(5) The court must consider the statutory declaration as if its contents\nwere given in evidence before it, whether or not the defendant is\npresent.\n(6) If the defendant attends the court and sets up a defence different in\nsubstance from the statement contained in the declaration, the\ncourt must, if it dismisses the prosecution, do so without awarding\nthe defendant the costs of his or her defence.\n(7) On the application of the prosecuting officer, the court may adjourn\nthe hearing for any period it thinks fit to enable the officer to answer\nthe declaration of the defendant.\n\nPart 6 Miscellaneous\nReferendums Regulations 1998 12\nPart 6 Miscellaneous\n21 Deferred counting of ballot-papers\n(1) An officer conducting the determination of the results of a poll must\ndefer the counting of ballot-papers if the number of ballot-papers,\nother than those referred to in section 52(1) of the Act, in a ballot-\nbox received by the officer is less than 100.\n(2) The officer conducting the determination must place the ballot-\npapers in a locked or sealed ballot-box kept for that purpose at the\nplace where the results of the poll are to be determined.\n(3) Subject to subregulation (4), the ballot-papers are to be taken out of\nthe ballot-box referred to in subregulation (2) and counted when the\nballot-papers taken from 2 or more ballot-boxes and placed in that\nballot-box exceeds 100.\n(4) If no more ballot-boxes are to be received at the place where the\nresults of a poll are to be determined, the ballot-box referred to in\nsubregulation (2) is to be opened and the ballot papers taken out\nand counted.\n22 Declaration of officers and scrutineers\n(1) Each officer who assists in the conduct of a referendum and each\nscrutineer must make and subscribe a declaration in accordance\nwith Form 3 in Schedule 1 before an adult witness.\n(2) The omission of an officer or a scrutineer to make and subscribe a\ndeclaration under this regulation is not grounds for setting aside a\nreferendum.\n\nSchedule 1\nReferendums Regulations 1998 13\nSchedule 1\nFORM 1\nregulation 2\nNORTHERN TERRITORY OF AUSTRALIA\nReferendums Act 1998\nPOSTAL BALLOT-PAPER\n(Your vote must not be marked hereon until you have first shown the ballot-\npaper, unmarked, to the authorised witness)\nDirections\nMark your vote on this ballot-paper by placing the word \"YES\" or \" NO\" in the\nsquare opposite the question set out below; fold the ballot-paper, place it in\nthe envelope addressed to the Divisional Returning Officer and seal the\nenvelope.\n(Here set out the question)\nNOTE:\nUnless:\n(a) you have marked your vote on the ballot-paper before 6.00 p.m. on\npolling day; and\n(b) the postal ballot-paper is either delivered to a presiding officer before\n6.00 p.m. on polling day or received by a Divisional Returning Officer\nbefore 6.00 p.m. on the Friday next following polling day,\nit will be excluded from the determination of the results of the poll.\n\nSchedule 1\nReferendums Regulations 1998 14\nFORM 2\nregulation 3\nNORTHERN TERRITORY OF AUSTRALIA\nReferendums Act 1998\nBALLOT-PAPER\nDirections\nMark your vote on this ballot-paper by placing the word \"YES\" or \"NO\" in the\nsquare opposite the question set out below. Fold the ballot-paper and place it\nin the ballot-box.\n(Here set out the question)\n\nSchedule 1\nReferendums Regulations 1998 15\nFORM 3\nregulation 22\nNORTHERN TERRITORY OF AUSTRALIA\nReferendums Act 1998\nDECLARATION TO BE MADE BY OFFICERS AND SCRUTINEERS\nI,....................................................………………………………………………...,\nof ...................................................………………………………………………..,\noccupation .......................................……………………………………………....,\npromise and declare that I will faithfully perform the duties of *officer/\nscrutineer to the best of my understanding and ability, and that I will not\ndirectly or indirectly attempt to influence the vote of any elector or, except by\nrecording my vote as permitted by law, the result of any referendum, and that I\nwill not disclose any knowledge in respect of the vote of an elector acquired\nby me by reason of the performance of my duties, except in reply to a\nquestion that I am legally bound to answer.\n..............................……………..\n(signature of *officer/scrutineer)\n..............................…………….\n(signature of witness)\nDate ...................……………....., 19 .\n(*strike out which inapplicable)\n\nENDNOTES\nReferendums Regulations 1998 16\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 Regulations (SL No. 35, 1998)\nNotified 3 September 1998\nCommenced 3 September 1998\nStatute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)\nNotified 7 July 2003\nCommenced 7 July 2003\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)\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: rr 1 and 19 and sch 1.\n4 LIST OF AMENDMENTS\nr 12 amd Act No. 44, 2003, s 6\nr 22 amd Act No. 40, 2010, s 202","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulations implement administrative details of the Referendums Act 1998 (forms, deadlines, verification and counting procedures). Amendments recorded in the endnotes (technical updates in 2003, 2010 and formal amendments in 2018) are procedural or to align with other statutes (for example changes to oath/declaration formalities) rather than an expansion of the regulatory scope. The instrument remains focused on operational rules for administering referendums rather than extending substantive franchise or creating new regulatory objectives."},"complexity_factors":["22 substantive regulations plus Schedule 1 with 3 prescribed forms","Multiple cross‑references to the Referendums Act 1998 (sections 25, 26, 31, 34, 36, 38, 52) that require reading alongside the Act","Several time‑based conditions and deadlines (e.g. 6.00 p.m. on polling day; receipt by Friday after polling day; 3 months to send notices; 21 days to reply)","Discrete procedural tracks for postal votes, pre‑poll votes, and section 36 declaration votes (Parts 3–4)","Concrete chain‑of‑custody and sealing requirements (regs 10, 13–15, 21) with parcel endorsement and storage rules","Presiding officer and Divisional Returning Officer discretionary decisions (identity acceptance, certificate satisfaction, approval of observers)","Failure‑to‑vote process that introduces administrative and judicial steps (regs 19–20) including requirements for statutory declarations and courts to treat written explanations as evidence"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Sets out the forms, deadlines and step-by-step procedures for conducting referendum voting in the Northern Territory where the Referendums Act 1998 leaves detail to regulation. Key procedural rules appear in regulations 2–22 and Schedule 1 (Forms).\n\n- Specifies the appearance and handling of postal and ordinary ballot‑papers (regs 2–4; Schedule 1). Postal ballot‑papers must follow Form 1 (Schedule 1) and ordinary ballot‑papers Form 2.\n\n- Governs pre‑poll (early) voting: the Chief Electoral Officer may divide the Territory into regions for pre‑poll voting; early votes cast outside a voter's division must be placed in an envelope bearing the division name and sealed (reg 6).\n\n- Allows presiding officers discretion to accept a voter despite minor errors on the roll (for example, wrong given name or misspelt surname) if the voter is sufficiently identified (reg 5).\n\n- Sets when a presiding officer must refuse a ballot‑paper (for example, refusal or failure to give required answers under the Act) and the recordkeeping required when a ballot‑paper issued under a statutory declaration (section 36 of the Act) is refused (regs 7–8).\n\n- Deals with spoilt or discarded ballot‑papers (marking, sealing and forwarding) and with a secured postal ballot‑box to hold unopened postal envelopes until counting (regs 9–10).\n\n- Lays out the validation, checking and sorting process for postal votes and for votes cast under sections 25 (pre‑poll) and 36 (declarations) of the Act. This includes signature and witness checks, time limits for marking and receipt, procedures for admitting or rejecting unopened envelopes, sealing of parcels, and how ballots are withdrawn and placed into a locked/ sealed ballot‑box without being inspected (regs 11–16, 17–18).\n\n- Imposes time rules for postal votes: votes must be marked before 6.00 p.m. on polling day and either delivered before close of polling or received by the Divisional Returning Officer by 6.00 p.m. on the Friday after polling day, and the postal vote certificate is prima facie evidence of the marking date (reg 12).\n\n- Prescribes follow‑up for failure to vote: Divisional Returning Officers list non‑voters, send notices (within three months of declaration) requiring an explanation within 21 days, and may commence proceedings where no satisfactory explanation is given; religious belief is an expressly accepted excuse and must be recorded (regs 19–20).\n\n- Requires a deferred count for small‑count ballot‑boxes (fewer than 100 ballot‑papers); those ballots are kept sealed until combined with others to exceed 100 or until no more boxes are expected (reg 21).\n\n- Requires officers and scrutineers to sign a declaration (Form 3, Schedule 1) promising not to try to influence electors or disclose votes learned in the course of their duties (reg 22).\n\nWho this affects\n\n- Electors: must meet postal vote timing and witnessing requirements, may be required to explain non‑voting, and must follow envelope/identification rules for pre‑poll votes (regs 6, 12, 19).\n- Electoral officials (Chief Electoral Officer, Divisional Returning Officers, presiding officers): get administrative powers and duties — to divide regions for pre‑poll (reg 6), verify postal certificates (reg 13), sort and seal envelopes (regs 14–15), keep registers of religious exemptions (reg 19(6)), and enforce deferred counting thresholds (reg 21).\n- Scrutineers and witnesses: may attend checks and must make declarations (regs 13(2), 15(2), 22).\n- Postal services and private couriers: indirectly affected because the rules place time and delivery requirements on postal ballots (reg 12).\n\nWhy it matters (practical significance and implementation features)\n\n- Time and receipt rules determine which postal votes are counted; missing the 6.00 p.m. on polling day / Friday deadline can lead to exclusion (reg 12). That creates an incentive for voters to arrange early posting or hand delivery.\n\n- The checking and sealing procedures (regs 13–15) centralise verification work with Divisional Returning Officers and create recordkeeping and chain‑of‑custody requirements (sealed parcels, endorsed statements) to preserve ballot secrecy while allowing later challenge or audit.\n\n- The rules give discretion to presiding officers when identity details are imperfect (reg 5) and require formal recording when they refuse ballots (reg 8). That concentrates decision‑making in individual officials and makes their notes evidentiary in later disputes.\n\n- The failure‑to‑vote process (regs 19–20) creates an administrative follow‑up and potential prosecution pathway. The regulation accepts religious belief as a satisfactory excuse and requires a register of such cases (reg 19(5)–(6)). The process shifts administrative cost to electoral staff (mailing notices, recording replies) and procedural cost to non‑voters who must respond or risk prosecution.\n\n- The deferred counting rule (reg 21) balances efficiency and secrecy by preventing small isolated boxes being opened where counts might reveal voter identity patterns; it creates a threshold (100) that affects when and where counting occurs.\n\nCosts, incentives and trade‑offs (brief analyst's test)\n\n- Who pays: voters incur the main compliance cost for postal voting (timing, witness), and electoral offices bear the administrative cost of verification, sealing, recordkeeping and court referrals for non‑voters.\n\n- Bureaucratic discretion: presiding officers and Divisional Returning Officers have several discretionary calls (accepting imperfect roll details, satisfying signature/witness requirements, deciding practicable times to check postal certificates, approving persons to be present at checks) — this concentrates operational authority and creates some implementation risk (reg 5, 13(2), 14(2), 15(2)).\n\n- Risk of exclusion: strict timing and envelope/form requirements (reg 12, 17) create a clear compliance burden that may lead to exclusion of votes if procedural rules are not followed.\n\n- Effect on private enterprise: minimal. The only indirect market effect is on postal/courier demand for timely delivery of postal ballots; the rest is administrative public‑sector work.\n\nConcluding mechanical note\n\nThe Regulations are an administrative/ procedural instrument: they do not change who may vote or the substantive grounds to vote, but they prescribe forms, time limits, verification, sealing and recordkeeping procedures that determine how many votes are counted and how electoral officials must manage ballot integrity and non‑voter follow‑up (see regs 2–22 and Schedule 1)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose as procedural machinery for the Referendums Act 1998. The content covers standard electoral administration (ballot papers, postal voting, counting, compulsory voting enforcement) without significant mission creep. The religious exemption for non-voting (regulation 19(5)) and the integration with general election procedures (regulation 19(10)) represent standard accommodations rather than scope expansion beyond electoral administration."},"complexity_factors":["Moderate cross-referencing to the parent Referendums Act 1998 (frequent references to sections 25, 26, 31, 34, 36, 38, 52)","Conditional logic for postal vote validity (timing requirements: marked before 6pm polling day, received by following Friday 6pm)","Nested procedures for handling rejected votes (examination → marking → placement in parcels → sealing with endorsements)","Specific timing triggers for administrative actions (e.g., 'after 6.00 p.m. on the Friday next following polling day')","Dual pathways for court proceedings regarding non-voting (written explanation vs. statutory declaration with different cost consequences)","21 defined terms scattered throughout (location, region, voter, postal ballot-paper, ballot-paper, Divisional Returning Officer, etc.) though many are intuitive","Exception to exception structure in regulation 19 (general notice requirement, but exemption if complied with Electoral Regulations 1995 for concurrent elections)","Anonymity protection mechanisms requiring specific batch sizes (regulation 16(2) and 21) before counting can proceed"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for running referendums (public votes on specific questions) in the Northern Territory. They work alongside the *Referendums Act 1998* to cover the nitty-gritty details of how votes are cast, counted, and what happens if someone doesn't vote.\n\n**Key areas covered:**\n\n*   **Ballot papers and boxes:** Specifies what ballot papers must look like (including postal votes) and that ballot boxes must be durable, sealable, and have a slot for papers.\n*   **Voting process:**\n    *   Allows people to vote early (\"pre-poll\") if they can't vote on the day.\n    *   Lets people vote even if their name is slightly wrong on the roll (e.g., misspelled surname, changed name after marriage).\n    *   Sets rules for when a presiding officer can refuse to give someone a ballot paper (if they won't answer required questions).\n*   **Postal votes:** Details how postal votes are checked, sorted, and counted—including deadlines (must be marked before 6pm on polling day and received by the following Friday), signature verification, and how rejected votes are handled.\n*   **Special declaration votes:** Covers votes cast by people who aren't on the roll at their polling place but sign a legal declaration (section 36 votes)—how these are examined and counted.\n*   **Compulsory voting enforcement:**\n    *   Requires the electoral office to send notices to people who didn't vote, asking for an explanation within 21 days.\n    *   **Religious exemption:** Specifically states that religious beliefs are a valid reason for not voting, and these must be recorded in a register.\n    *   Sets out court procedures for prosecuting non-voters, including allowing written explanations to be considered as evidence.\n*   **Counting rules:** Includes a rule that if fewer than 100 ballot papers are in a box, counting is deferred until more arrive (to protect voter anonymity).\n*   **Officer declarations:** Requires all electoral officers and scrutineers (party/candidate observers) to swear an oath to perform duties faithfully and not interfere with voting.\n\n**Who it affects:**\n\n*   **Northern Territory voters**—anyone voting in a Territory referendum.\n*   **Electoral officials**—the Chief Electoral Officer, Divisional Returning Officers, and polling place staff who run the referendum.\n*   **Scrutineers**—people appointed by political groups to watch the count.\n*   **Non-voters**—people who face fines if they don't vote and don't have a valid excuse.\n\n**Why it matters:**\n\nThese regulations ensure referendums are conducted fairly, securely, and transparently. They protect the integrity of the vote through strict handling procedures for postal votes, ensure people aren't wrongly denied the right to vote due to minor administrative errors, and enforce compulsory voting while providing legitimate exemptions. The religious exemption provision is particularly notable as it explicitly protects conscientious objectors."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The regulations were originally made in 1998 but the current operative version commenced on 1 March 2011, indicating the scope or content has been amended or reprinted (Reprint No: REPR032R1) since the original instrument was created. This suggests at least one round of substantive updates has occurred, though without the full text it is unclear how significantly the scope changed from the original intent."},"complexity_factors":["Very limited metadata provided — the actual content of the regulations is not included, preventing deeper analysis","Referendums are relatively infrequent events, so the regulations likely cover a narrow procedural scope","The gap between the 1998 creation date and the 2011 commencement date suggests amendments, which can add layers of complexity","Regulations (subordinate legislation) by nature are more technical than plain Acts, but referendum procedures are generally straightforward administrative rules"],"plain_english_summary":"The Referendums Regulations 1998 set the detailed procedural rules for running referendums in the Australian Capital Territory, covering how votes are conducted, counted and administered. They primarily affect electoral officials and eligible ACT voters, and matter because they govern the practical operation of any formal public vote; the current version has been in force since 1 March 2011."}},"importantCases":[],"_links":{"self":"/api/acts/referendums-regulations-1998","history":"/api/acts/referendums-regulations-1998/history","analysis":"/api/acts/referendums-regulations-1998/analysis","conflicts":"/api/acts/referendums-regulations-1998/conflicts","importantCases":"/api/acts/referendums-regulations-1998/important-cases","documents":"/api/acts/referendums-regulations-1998/documents"}}