Constitution Further Amendment (Referendum) Act 1930 (New South Wales) — Zoe

New South Wales act

Constitution Further Amendment (Referendum) Act 1930

In ForceNSW

Jurisdiction

New South Wales

Act Number

2 of 1930

Collection

act

Plain English Summary

6/10 complexity

What this Act does, who it affects, and why it matters

Mechanically, this Act sets out the rules for submitting a Bill to the electors (a referendum) and for running, counting and finalising that referendum. It prescribes who issues the writ, how ballot papers must look and be handled, which electors may vote, how votes are counted and challenged, and a number of offences with penalties connected to referendum campaigning and conduct (see, for example, sections 6–9, 14–16, 19–27, 28–35, 37–41).
Who acts and who pays
- The Governor issues the writ for a referendum (s 6). The Electoral Commissioner administers the referendum process once a writ is issued, including public notices and returning the writ with the voting totals (s 9, s 27). Returning officers and their deputies run polling places, make parcelled returns of ballot papers, and transmit vote counts to the Electoral Commissioner (ss 22–25). These duties are performed by public officials and carried out within the public administration; the Act assigns responsibilities rather than creating private funding obligations (ss 6, 9, 22–27).
How votes are cast and counted
- The Act treats a referendum largely like an election by applying the Electoral Act 2017 where applicable, but with specific adjustments (s 5). Voting is by ballot with a simple YES/NO choice (s 14). Only electors entitled to vote at an election may vote at a referendum (s 10). Ballot-paper form, postal-vote rules and joint-ballot handling where more than one referendum occurs on the same day are specified (s 15, s 16, Second Schedule Forms B, D, E).

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What it does

The Constitution Further Amendment (Referendum) Act 1930 (NSW) provides the exclusive statutory machinery for submitting a Bill to the electors of New South Wales for approval through a referendum. It does not itself authorise any particular referendum; rather, it prescribes the procedural steps that must be followed once a separate Act or constitutional provision requires a Bill to be put to the people. The Act is almost entirely concerned with Part 3 (Conduct of a referendum), which runs from section 4 through to section 42; the earlier Parts 1, 2, 4 and 5 have been largely repealed, leaving the Act as a standalone referendum procedure code.

The Act defines a referendum as “the submission of a Bill to the electors in pursuance of the authority of any Act passed either before or after the commencement of this Part” (section 4(1)). This means the Act is triggered whenever another statute (for example, a Constitution alteration Act) provides that a Bill must be approved at a referendum. The Act then lays out a complete life cycle: the issue of a writ by the Governor (section 6), the form and content of that writ (section 7 and Second Schedule Form A), the duties of the Electoral Commissioner upon receipt (section 9), the qualifications of electors (section 10), the conduct of voting (sections 11-16), the scrutiny and counting of votes (sections 19-26), the return of the writ (section 27), and the mechanism for disputing the result before the Supreme Court (sections 28-34). It also creates a suite of electoral offences (sections 37-42) that apply alongside the general offences in the Electoral Act 2017.

A critical design feature is the incorporation of the Electoral Act 2017 “so far as they are applicable” (section 5(1)), with a set of read‑across provisions that map election‑specific language onto referendum‑specific language. For example, a reference to a “writ” in the Electoral Act becomes a reference to a “writ for a referendum”, a reference to “election day” becomes “the day fixed … for the taking of the votes of the electors”, and a reference to “nomination day” becomes, subject to a special rule where the referendum is held on the same day as an election, the day seven days after the writ is issued (section 5(1)(c)). This incorporation‑by‑reference technique avoids duplicating the entire electoral code while ensuring that the procedural, administrative and offence provisions of the Electoral Act apply to referendums.

Current sections

Direct links to the current provisions in Constitution Further Amendment (Referendum) Act 1930.

Official source available

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Sourced from legislation.nsw.gov.au, CC BY 4.0.

Main concepts

Referendum. The central concept is defined broadly in section 4(1): a referendum is the submission of a Bill to the electors in pursuance of the authority of any Act passed either before or after the commencement of Part 3. This definition is intentionally expansive. It does not limit referendums to constitutional amendment Bills; any Bill that another Act requires to be submitted to electors falls within the scope. The Act uses “referendum” as a term of art distinct from an election, although the entire electoral apparatus is mapped onto it.

Elector. Section 10 provides that only those electors who would be entitled to vote at an election are admitted to vote at a referendum. The Act does not create a separate franchise; it relies on the franchise under the Electoral Act 2017. Subsection 10(2) makes clear that disqualifications from voting (such as imprisonment or mental incapacity) continue to apply.

Writ. The referendum is commenced by a writ issued by the Governor (section 6). The writ must be in or to the effect of Form A in the Second Schedule. It must appoint a Saturday as the day for taking the votes of the electors, which must be no later than the fortieth day from the date of issue (section 7(2)). The writ also appoints a day for its return. The Governor may attach to the writ either a copy of the Bill or a statement setting out the text of the Bill and the textual alterations it proposes (section 8).

Ballot and marking. Voting is by secret ballot (section 14(1)). The elector marks a tick in the square opposite “YES” if they approve the Bill, or a tick opposite “NO” if they do not approve (section 14(2)). The saving provision in section 21(2) is significant: a ballot‑paper is not informal merely because the elector used a cross (X) or wrote the number “1” instead of a tick; those marks are treated as ticks. However, any mark or writing that enables identification of the voter (section 20(1)(b)) renders the ballot‑paper informal.

Informal ballot‑papers. Section 20(1) sets three grounds of informality: (a) the ballot‑paper is not signed, initialled or marked as required by the Electoral Act 2017; (b) it bears any unauthorised mark or writing that enables identification of the voter; or (c) the elector failed to mark the vote in the manner directed on the ballot‑paper. Informal ballot‑papers are rejected at the scrutiny (section 20(2)). The saving provision in section 21(1) overrides the general rule: if the returning officer is satisfied that the voter has, by some mark or writing, clearly indicated the voter’s intention, the ballot‑paper is not to be rejected as informal merely because of an unauthorised mark. This is a generous saving, but it does not extend to marks that enable identification.

Disputed returns. Division 6 of Part 3 (sections 28-34) provides a unique mechanism: any question respecting the validity of a referendum, or of any return or statement showing the voting, may be referred by resolution of either House of Parliament to the Supreme Court. The reference must be made within 15 sitting days of the publication in the Gazette of the Commissioner’s statement under section 27(1). The court sits as in open court and has the powers of the Court of Disputed Returns under the Electoral Act 2017 (section 30). The Commissioner is entitled to be represented and heard; the court may allow any other person to be heard (section 31). The determination is forwarded to the Clerk of the Parliaments or the Clerk of the Legislative Assembly (section 33).

Offences. The Act creates specific referendum offences in Division 8: supplying meat, drink or entertainment with a view to influencing a vote (section 37); bribery (section 38); receipt of a bribe by an elector (section 39); undue influence through threats or violence (section 40); misleading advertisements or documents (section 41); and disorderly conduct at a public meeting held in relation to the referendum (section 42). These offences are in addition to the provisions of the Electoral Act 2017 that apply to referendums (section 36). The penalty for the first three offences is up to 100 penalty units or imprisonment for three years, or both; for misleading advertisements, up to 2 penalty units; and for disorderly conduct, up to 0.1 penalty unit.

Who it affects

The Act directly affects a range of actors, each with defined rights, duties or potential liabilities.

Electors are the primary participants. Every person entitled to vote at an election for the Legislative Assembly is entitled to vote at a referendum (section 10(1)). Electors must vote only once (section 13). They are required to mark their ballot‑paper with a tick in the appropriate square (section 14(2)), but a cross or the number “1” is deemed to be a tick (section 21(2)). Electors are also the subjects of the offence provisions: they must not ask for or receive bribes (section 39), and they must not be threatened or unduly influenced (section 40). The compulsory voting provisions of the Electoral Act 2017 apply to referendums by virtue of section 5(1), so electors who fail to vote without a valid reason may be penalised under section 207 of that Act, albeit section 16(i) provides that a single penalty notice covers both an election and a referendum held on the same day.

The Electoral Commissioner is the central administrative officer. Upon receipt of the writ from the Governor, the Commissioner must indorse the date of receipt, publish a notification in the Gazette and in two or more newspapers, exhibit a copy of the Bill or statement at each Local Court, and forward copies to each returning officer (section 9). The Commissioner must later return the writ with a statement of the voting results to the Governor (section 27(1)), and must publish that statement in the Gazette, where it becomes conclusive evidence of the result (section 27(2)). The Commissioner also has the power to direct a recount in any district (section 26(1)) and must do so if directed by the Governor.

Returning officers and deputies have detailed duties under Division 4. They must open ballot‑boxes, count votes, make up parcels of used and unused ballot‑papers, and transmit statements of the result to the Commissioner (sections 19, 22, 23, 25). Deputies at each polling place must seal parcels and endorse them with a description, district name and date. The returning officer for each district must count all votes (including postal and absent votes) and transmit a statement of the number of “yes” votes, “no” votes and informal ballot‑papers (section 25(1)). The returning officer may accept a cable or wireless communication of votes from Lord Howe Island in lieu of a deputy’s statement (section 25(2)).

The Governor is the issuing authority for the writ (section 6). The writ must appoint the voting day and the return day, and the Governor may attach a copy of the Bill or a statement of its contents (section 8). The Governor may also direct the Electoral Commissioner to conduct a recount (section 26(1)).

The Supreme Court has jurisdiction to hear and determine any question referred by either House of Parliament concerning the validity of a referendum or its returns (sections 28, 30). The court sits in open court and exercises the powers of the Court of Disputed Returns under the Electoral Act 2017.

Political parties, candidates and campaigners are indirectly affected. Anyone who prints, publishes or distributes a document that misleads electors about how to vote commits an offence (section 41). Anyone who supplies food, drink or transport to an elector with a view to influencing a vote commits an offence (section 37). Those who organise public meetings in relation to a referendum must ensure the meeting is not disrupted; anyone who acts in a disorderly manner to prevent the transaction of business at such a meeting commits an offence (section 42).

Media and publishers who publish electoral matter relating to a referendum must comply with the applicable provisions of the Electoral Act 2017, as read‑across by section 5(1)(f) treats “electoral matter” as covering referendum‑related matter. The offence of misleading advertisements in section 41 specifically targets “any advertisement or document” that misrepresents a ballot‑paper or contains an untrue statement likely to mislead.

The Legislative Council and Legislative Assembly have the power to refer a disputed referendum to the Supreme Court by resolution within 15 sitting days after the Gazette publication of the result (section 28). This is a parliamentary privilege, not a right of an individual elector.

Key duties and rights

Duty of the Governor to issue a writ. When any Bill is to be submitted to a referendum, the Governor may issue a writ for the referendum (section 6). The writ must be directed to the Electoral Commissioner. The Governor is under a duty to appoint a Saturday as voting day, not later than 40 days from the issue of the writ (section 7(2)). The Governor may also attach a copy of the Bill or a statement of its text and proposed alterations (section 8).

Duty of the Electoral Commissioner. On receipt of the writ, the Commissioner must indorse the date of receipt, publish a notification in the Gazette and two or more newspapers, exhibit a copy of the Bill or statement at each Local Court, and forward copies to each returning officer (section 9). After receiving district results, the Commissioner must endorse a statement on the writ showing the votes for and against the Bill and the number of informal ballot‑papers, sign it, and return it to the Governor (section 27(1)). The Commissioner must then publish a copy of the statement in the Gazette; that published statement is conclusive evidence of the result (section 27(2)). The Commissioner may direct a recount (section 26(1)) and must do so if the Governor directs.

Right of the Electoral Commissioner to be heard on disputed returns. Under section 31, the Commissioner is entitled to be represented and heard on any reference to the Supreme Court. The court may also allow any other person to be heard.

Duty of returning officers and deputies. Returning officers and deputies must conduct the scrutiny in the presence of poll clerks only (section 19). They must open ballot‑boxes, count votes for and against the Bill, and make up sealed parcels of used and unused ballot‑papers and other documents (sections 19, 22). Deputies must transmit their parcels and a statement of votes to the returning officer (section 22). The returning officer must count all votes (including postal and absent votes) and transmit a statement of the district result to the Electoral Commissioner (section 25(1)).

Right of electors to vote. Only those qualified to vote at an election may vote at a referendum (section 10(1)). No person who is disqualified from voting is entitled to vote (section 10(2)). Each elector may vote only once (section 13). The vote is by secret ballot (section 14(1)). An elector marks a tick for “YES” or “NO” (section 14(2)), but a cross or the number “1” is saved from informality (section 21(2)).

Right to have the referendum conducted lawfully. The Act gives no private right to challenge the validity of a referendum. Only the Legislative Council or the Legislative Assembly may refer a question to the Supreme Court (section 28). However, the court may allow any person to be heard (section 31), and the result may be challenged through that parliamentary mechanism.

Duty to comply with offence provisions. Electors and other persons must not commit the offences in Division 8. The duty not to bribe (section 38) applies to anyone who gives or promises money, property or benefit to influence an elector. The duty not to receive bribes applies to electors (section 39). The duty not to use undue influence (section 40) applies to anyone who threatens or inflicts violence or disadvantage. The duty not to publish misleading advertisements (section 41) applies to anyone who prints, publishes or distributes such material. The duty not to disrupt public meetings (section 42) applies to anyone attending a lawful public meeting about the referendum.

Duty to give effect to saving provisions. Returning officers must apply the saving provisions in sections 20 and 21 when determining informality. A ballot‑paper must not be rejected as informal merely because of an unauthorised mark if the elector’s intention is clearly indicated (section 21(1)). A cross or the number “1” must be treated as a tick (section 21(2)). However, any mark that enables identification of the voter remains a ground of informality (section 20(1)(b)).

Penalties and enforcement

The Act creates both criminal offences and administrative consequences. The enforcement of these offences is not detailed in the Act itself; it relies on general criminal procedure. However, the Act specifies maximum penalties, and the incorporation of the Electoral Act 2017 brings with it that Act’s enforcement mechanisms, such as penalty notices for failing to vote.

Criminal offences in Division 8. Four offences carry a maximum penalty of 100 penalty units or imprisonment for three years, or both: supplying meat, drink, entertainment or horse or carriage hire to an elector with a view to influencing a vote (section 37); giving or promising money, property or benefit to influence an elector or induce the elector to refrain from voting or to support or oppose a Bill (section 38); an elector asking for, receiving or obtaining a bribe upon an understanding that their vote will be influenced (section 39); and threatening, offering or suggesting violence, injury, punishment, damage, loss or disadvantage, or actually inflicting such harm, for or on account of a vote or refraining from voting (section 40). These are serious indictable offences reflecting the importance of electoral integrity.

Misleading advertisements carry a maximum penalty of 2 penalty units (section 41(1)). This is a summary offence. The provision catches any advertisement or document that contains a representation of a ballot‑paper with directions intended or likely to mislead, or any untrue or incorrect statement intended or likely to mislead an elector. There is a carve‑out for documents that contain instructions on how to vote in favour of or against a Bill, provided those instructions are not intended or likely to mislead (section 41(2)).

Disorderly conduct at a public meeting carries a maximum penalty of 0.1 penalty unit (section 42). This is a very low penalty, indicating that the provision is intended to allow police to remove disruptive persons rather than to impose heavy sanctions. The section applies only to public meetings held in relation to a referendum between the date of the issue of the writ and the date of its return.

Enforcement of the duty to vote. Section 5(1) applies the Electoral Act 2017 to referendums, which includes section 207 (offence of failing to vote). Where a referendum is held on the same day as an election, section 16(i) provides that a reference in section 207 to an election is taken to be a reference to both the election and the referendum, and the Commissioner may not send more than one penalty notice to the same elector. This avoids double penalisation.

Disputed returns as a quasi‑enforcement mechanism. The Supreme Court, on a reference from either House, may invalidate a referendum or a return or statement (sections 28-33). This is not a penal process, but it can lead to the outcome of the referendum being set aside. The court has the powers of the Court of Disputed Returns under the Electoral Act 2017 (section 30). The Act limits the effect of immaterial errors: section 34 provides that no referendum or return shall be avoided on account of delay, absence, error or omission of an officer that did not affect the result. Critically, the court must not admit evidence of how an elector who was prevented from voting would have voted, for the purpose of determining whether the error affected the result.

How it interacts with other laws

Electoral Act 2017 (NSW). This is the principal statute with which the Referendum Act interacts. Section 5(1) applies the entire Electoral Act 2017 and any regulations or rules made under it to a referendum “so far as they are applicable”. The read‑across provisions in section 5(1)(a)-(h) map election terminology onto referendum terminology. For example, references to “writ”, “election day”, “nomination day”, “casting of votes”, “electoral matter”, “ballot paper”, and “this Act” are all interpreted accordingly. This means that the detailed procedural rules for polling, postal voting, absent voting, scrutiny and recounts in the Electoral Act 2017 apply to referendums, subject to the modifications in Part 3 of the Referendum Act. Section 36 expressly provides that the offence provisions in Division 8 of Part 3 are in addition to the applicable provisions of the Electoral Act 2017. Section 30 gives the Supreme Court the powers of the Court of Disputed Returns under the Electoral Act 2017 when hearing a reference.

Constitution (Fixed Term Parliaments) Special Provisions Act 1991. Section 7(3) of the Referendum Act contains a special provision relating to the Constitution (Fixed Term Parliaments) Amendment Bill 1991 (or any re‑introduced version). It provides that the day for taking the votes on that Bill must be no later than the day named for the poll in the next general election within the meaning of the 1991 Act. This demonstrates that the Referendum Act can be amended by specific provisions in other legislation to align referendum timing with general elections.

Local Court Act 2007 (NSW). Section 9(c) requires the Electoral Commissioner to cause a copy of the Bill or statement attached to the writ to be exhibited at each place at which sittings of the Local Court are required to be held. This imposes a duty to use Local Court premises as exhibition venues, linking the Referendum Act to the administrative framework of the Local Court.

Regulations. Section 35(1) gives the Governor a broad power to make regulations not inconsistent with Part 3, prescribing all matters that are required or convenient to be prescribed. Subsection (2) allows Forms B, D and E in the Second Schedule to be altered or modified by regulation. Subsection (3) allows regulations to alter or extend time limits and consequential dates where the time allowed to do an act is insufficient and such alteration is expedient. This provides flexibility to adapt the procedure to unforeseen circumstances.

Other Acts that authorise referendums. The Referendum Act is triggered by “the authority of any Act passed either before or after the commencement of this Part” (section 4(1)). It does not itself authorise referendums; it is a procedural vessel. Any Act that requires a Bill to be submitted to electors (for example, a Constitution alteration Act) will invoke the machinery of this Act.

Amendment history

The Act has been amended extensively since its enactment in 1930, with many provisions repealed and replaced. A careful reading of the source shows the following pattern.

1933 amendments. The first major amendments came in 1933. Act No 1 of 1933 repealed section 3, and section 3(a)-(d) of that Act also repealed the section numbering references. Act No 5 of 1933 repealed sections 43-77 in a block, which covered Parts 4 and 5 (Legislative Council elections and Retention of privileges) and the Third Schedule and Appendix. This effectively removed all provisions relating to Legislative Council elections and transitional privileges.

1978 amendments. The 1978 amending Act (No 45) made extensive changes. It amended section 2 (repealed later), the Part 3 Division 1 heading, section 4(2) (repealed), section 5, and inserted new section 16 (simultaneous poll provisions) while repealing former sections 17 and 18. It also amended sections 14, 15, 20, 28, 30, 35 and 36, and updated the Second Schedule. This was a significant modernisation.

1981 amendments. Act No 97 of 1981 substituted a new section 14(2) (the marking of votes) and an entirely new section 21 (saving of informality), which replaced the previous version. It also amended section 16 and section 20, and the Second Schedule.

1987 amendment. Schedule 32 of Act No 48 of 1987 amended section 35(4)-(6), which were later repealed (the current Act shows those subsections as repealed).

1990 amendment. Schedule 2 of Act No 111 of 1990 inserted the penalty amounts in sections 37-40, setting the maximum at 100 penalty units or imprisonment for 3 years.

1991 amendment. Section 10 of Act No 70 of 1991 inserted subsection 7(3) dealing with the Fixed Term Parliaments Bill.

1993 amendment. Schedule 1 of Act No 47 of 1993 amended sections 41 and 42, adjusting the penalty units.

1999 amendments. Schedule 5.19 repealed section 2; Schedule 4.15 amended section 9 by substituting a reference to “Local Court” (replacing “Courts of Petty Sessions”).

2006 amendment. Schedule 2.4 of Act No 58 of 2006 amended section 30, updating references to the Supreme Court.

2007 amendment. Schedule 1.16 of Act No 94 of 2007 amended section 9(c) to refer to “Local Court” instead of “Courts of Petty Sessions”.

2017 amendments. The most recent amendments were made by the Electoral Act 2017 (No 66), Schedule 8.5. These amended the Part 3 Division 1 heading, substituted a new section 5 (application of the Electoral Act 2017), and updated references throughout (sections 16, 20, 30, 36) to replace references to the former Parliamentary Electorates and Elections Act 1912 with references to the new Electoral Act 2017.

Gotchas

The Act contains several provisions that may catch the unwary.

The saving provision for informal ballot‑papers is generous but has limits. Section 21(1) says a ballot‑paper shall not be rejected as informal by reason of any mark or writing not authorised if the returning officer is satisfied the voter has clearly indicated their intention. This is a broad saving. Section 21(2) specifically saves a cross (X) or the number “1” as if they were ticks. However, section 20(1)(b) still renders a ballot‑paper informal if it bears any mark or writing that enables identification of the voter. An unauthorised mark that does not identify the voter may be saved, but one that does identify the voter (such as a signature or distinctive drawing) cannot.

The “tick” requirement is not absolute. Section 14(2) says the elector shall mark their vote by placing a tick. But section 21(2) treats a cross or the number “1” as a tick. What about a cross with a circle around it, or a “yes” written in the square? Section 21(1) may save such marks if they clearly indicate intention. The risk is that different returning officers may apply different standards. The Act gives no guidance beyond “clearly indicated his or her intention”.

Combined ballot‑papers for multiple referendums. Section 15(5) allows two or more referendums held on the same day to use a single piece of paper with multiple questions (Form E in the Second Schedule). If the voter places any mark or writing on that paper that enables identification, all the votes on that paper become informal. This is a higher penalty than for a single‑referendum ballot‑paper, where only the particular ballot‑paper is affected. The presence of a mark identifying the voter on a combined ballot‑paper taints all questions.

Simultaneous polling traps. Section 16 contains several traps. First, a ballot‑paper for the referendum must not be issued unless a ballot‑paper is also issued for the election (section 16(e)). This prevents an elector from voting only on the referendum. Second, the ballot‑papers must be of different colours (section 16(d)). Third, the same envelope is used for both ballot‑papers (section 16(f)). Fourth, the penalty notice for failing to vote applies to both the election and the referendum together, but only one penalty notice may be sent (section 16(i)). An elector who votes at the election but not the referendum may still be liable for failing to vote at the referendum, but the Commissioner cannot send a separate notice; the single notice must cover both.

The “40‑day” rule for voting day. Section 7(2) provides that the day appointed for taking the votes must be a Saturday and not later than the fortieth day from the date of issue of the writ. This is a statutory deadline. If the Governor appoints a day later than the fortieth day, the writ may be invalid. However, section 34 may save the referendum if the delay did not affect the result, but that is a high threshold.

Immaterial errors: no evidence of hypothetical voting. Section 34 contains a proviso that where an elector was prevented from voting by an officer’s absence, error or omission, the court shall not admit any evidence of how that elector intended to vote for the purpose of determining whether the error affected the result. This prevents a party from calling evidence to show that a particular error probably changed the outcome. The effect is to make it very difficult to overturn a referendum based on administrative errors that prevent voting.

Offence of supplying meat, drink or entertainment. Section 37 applies from the date of issue of the writ until the votes have been taken. It is not limited to polling day. A candidate or campaigner who provides any food, drink or entertainment (or even horse or carriage hire) to an elector with a view to influencing the vote commits an offence carrying 100 penalty units or 3 years imprisonment. This is broader than the common law of bribery and catches even modest hospitality.

Misleading advertisements: the “not intended or likely to mislead” exception. Section 41(2) says it is not an offence to publish a document containing instructions on how to vote in favour of or against a Bill, provided those instructions are not intended or likely to mislead. The wording is disjunctive: if the instructions are intended to mislead, or if they are likely to mislead, liability arises. The onus would be on the defendant to show that the instructions were neither intended nor likely to mislead.

How to comply

Compliance with the Act requires different actors to follow distinct steps.

For the Governor. Before issuing a writ, confirm that another Act authorises the submission of the Bill. Issue the writ in or to the effect of Form A, directed to the Electoral Commissioner. Appoint a Saturday as voting day, no later than 40 days from issue. Appoint a return day. Optionally, attach a copy of the Bill or a statement of its text and textual alterations (section 8). After receiving the writ back from the Commissioner, take no further action unless a disputed return is referred to the Supreme Court.

For the Electoral Commissioner. On receipt of the writ: indorse the date of receipt. Immediately publish a notification in the Gazette and in two or more newspapers circulating in the State, stating the days for voting and return of the writ. Exhibit a copy of the Bill or statement at each Local Court. Forward a copy of the writ and the proposed Bill or statement to each returning officer. After receiving the statement from each returning officer under section 25, endorse on the writ a statement showing, for each electorate and for the whole State, the number of votes in favour, the number not in favour, and the number of informal ballot‑papers. Sign the statement and return the writ to the Governor. Publish a copy of that statement in the Gazette; that published statement is conclusive evidence of the result. If the Governor directs, or if the Commissioner thinks fit, direct a returning officer to make a recount (section 26). At any hearing before the Supreme Court on a reference, the Commissioner is entitled to appear and be heard.

For the returning officer. Before polling day, receive the writ and Bill from the Commissioner and make arrangements for polling places (section 12). On polling day, preside or appoint deputies. After the close of the poll, open the ballot‑box in the presence of poll clerks only, and count the votes for and against the Bill. Separate ballot‑papers into used and unused parcels, seal and endorse them with a description, district name and date, and sign them. Also make up a parcel of certified copies of rolls and other documents. Transmit these parcels to the Commissioner along with a statement of the number of votes for and against the Bill and an account of ballot‑papers delivered and used. Accept information from Lord Howe Island by cable or wireless if satisfied it is authentic.

For the deputy returning officer. Follow the same procedures as the returning officer for the polling booth at which you preside. Make up parcels, endorse them, sign them, and transmit them to the returning officer together with a verified statement and account.

For an elector. Ensure you are enrolled and not disqualified from voting. Attend the polling place on voting day (a Saturday). Receive a ballot‑paper. Mark a tick in the square opposite “YES” if you approve the Bill, or a tick opposite “NO” if you do not approve. (A cross or the number “1” will be accepted, but a tick is safest.) Fold the ballot‑paper and deposit it in the ballot‑box. Vote only once. If the referendum is held on the same day as an election, you must vote in both to receive a referendum ballot‑paper (section 16(e)). Do not accept any bribe or promise of benefit in exchange for your vote. Do not ask for or receive such a bribe. Do not supply any meat, drink, entertainment or transport to another elector with a view to influencing their vote after the writ is issued.

For anyone publishing advertising or electoral matter about the referendum. Do not publish any advertisement or document that contains a representation of a ballot‑paper with directions likely to mislead, or any untrue or incorrect statement likely to mislead an elector. If you publish instructions on how to vote for or against a Bill, ensure the instructions are not intended or likely to mislead. Comply with the applicable provisions of the Electoral Act 2017 as read‑across by section 5.

For anyone organising or attending a public meeting about the referendum. The meeting must be lawful and held between the issue of the writ and its return. Do not act in a disorderly manner to prevent the transaction of business. If you do, you commit an offence carrying a penalty of up to 0.1 penalty unit.

For the Legislative Council or Assembly. If a question arises about the validity of the referendum or any return or statement, pass a resolution referring the question to the Supreme Court. This must be done within 15 sitting days after the publication of the Commissioner’s statement in the Gazette. The President or Speaker must transmit a statement of the question to the Prothonotary (section 29).