Part I
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Commonwealth act
The Referendum (Machinery Provisions) Act 1984 is the rulebook for how Australia conducts constitutional referendums. It sets procedures for running votes, who can vote and observe, how campaigning and public information are handled, and how voters in remote or overseas circumstances are included.
It matters because it ensures referendums are transparent, accessible, and regulated—balancing neutral public information, campaign disclosure, and the integrity of the vote.
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Direct links to the current provisions in Referendum (Machinery Provisions) Act 1984.
This Act may be cited as the Referendum (Machinery Provisions) Act 1984.
This Act shall come into operation on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
absent voter means an elector voting or desiring to vote pursuant to section 46 other than at a polling place appointed for the Division for which the elector is enrolled.
absent voting means voting as an absent voter pursuant to section 46.
Antarctica means the Australian Antarctic Territory and includes:
(a) the Territory of Heard Island and McDonald Islands; and
(b) Macquarie Island.
Antarctic elector means an elector who is, in the course of the elector’s employment:
(a) in Antarctica; or
(b) on a ship at sea in transit to or from Antarctica.
approved form means:
(a) a form that:
(i) is approved by the Electoral Commissioner in writing; and
(ii) has been published by the Electoral Commissioner; or
(b) a manner, approved by the Electoral Commissioner in writing, for giving a notice (however described).
Note 1: An approved form under paragraph (a) might be published by the Electoral Commissioner on the Electoral Commission’s website.
Note 2: An example of an approved form under paragraph (b) is giving a notice by using a specified web portal.
approved list of voters for a Division means a list in electronic form that:
(a) contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and
(b) is approved by the Electoral Commissioner for use in connection with voting under this Act.
Assistant Divisional Returning Officer means an Assistant Divisional Returning Officer appointed under section 34 of the Commonwealth Electoral Act 1918.
Assistant Returning Officer means a person appointed to be an Assistant Returning Officer under section 6 of this Act or, where the voting day for a referendum is the same as that fixed for the polling at an election, under section 33 of the Commonwealth Electoral Act 1918.
Australia includes:
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
Australian Capital Territory includes Norfolk Island and the Jervis Bay Territory.
Australian Electoral Officer means:
(a) an Australian Electoral Officer for a State; or
(b) the Australian Electoral Officer for the Australian Capital Territory; or
(c) the Australian Electoral Officer for the Northern Territory.
Australian Electoral Officer for a State means an Australian Electoral Officer for a State referred to in section 20 of the Commonwealth Electoral Act 1918.
Australian Electoral Officer for a Territory means an Australian Electoral Officer for a Territory appointed under section 5 of this Act or, where the voting day for a referendum is the same as that fixed for the polling at an election, under section 30 of the Commonwealth Electoral Act 1918.
Australian Electoral Officer for the Australian Capital Territory means the Australian Electoral Officer for the Australian Capital Territory appointed under:
(a) section 5 of this Act; or
(b) if the voting day for a referendum is the same as that fixed for the polling at an election—section 30 of the Commonwealth Electoral Act 1918.
Australian Electoral Officer for the Northern Territory means an Australian Electoral Officer for the Northern Territory referred to in section 20 of the Commonwealth Electoral Act 1918.
authorized witness, in relation to any act or thing done by a person for the purposes of voting at a referendum, means:
(a) in a case to which paragraph (b) does not apply—an elector; or
(b) in the case of an act or thing done outside Australia:
(i) an elector;
(ii) an officer of the Defence Force or of the naval, military or air forces of a Commonwealth country;
(iii) a member of the civil or public service of a State or Territory or of a Commonwealth country;
(iiia) a person appointed or engaged under the Public Service Act 1999; or
(iv) a justice of the peace for, or a minister of religion or medical practitioner resident in, a State or Territory or a Commonwealth country; or
(v) an Australian citizen.
For the purposes of this definition, Commonwealth country means a political entity, or part of a political entity, that is a member of the international organisation known as the Commonwealth of Nations.
capital city office of the Electoral Commission has the meaning given by subsection 90A(3) of the Commonwealth Electoral Act 1918.
carriage service provider has the meaning given by section 87 of the Telecommunications Act 1997.
certified list of voters, in respect of a Division, means a list prepared and certified under subsection 22(1).
civil penalty provision has the meaning given by the Regulatory Powers Act.
compartment means:
(a) in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 20; and
(b) in relation to a place at which pre‑poll ordinary voting is available—a compartment constructed in the place pursuant to section 73CE.
Note: For the places at which pre‑poll ordinary voting is available, see section 73CD.
constable means a member or a special member of the Australian Federal Police or a member of the Police Force of a State or Territory.
Controller‑General of Prisons, in relation to a State or Territory, means the official having control of the prisons of the State or Territory.
courier service means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner.
declaration vote means:
(a) a postal vote;
(b) a pre‑poll declaration vote;
(c) an absent vote; or
(d) a provisional vote.
Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19 of the Commonwealth Electoral Act 1918.
designated elector means an elector in relation to whom a declaration under subsection 202AH(1) of the Commonwealth Electoral Act 1918 is in effect.
disclosure threshold has the meaning given by Part XX of the Commonwealth Electoral Act 1918.
Division means an Electoral Division created pursuant to the Commonwealth Electoral Act 1918 for the election of a member of the House of Representatives.
Divisional Returning Officer means a Divisional Returning Officer referred to in section 32 of the Commonwealth Electoral Act 1918.
DRO means Divisional Returning Officer.
election means an election of a Member of the House of Representatives or an election of Senators for a State or Territory.
elector means a person whose name appears on a Roll as an elector.
Electoral Commission means the Australian Electoral Commission established by section 6 of the Commonwealth Electoral Act 1918.
Electoral Commissioner means the Electoral Commissioner referred to in section 18 of the Commonwealth Electoral Act 1918.
eligible overseas elector means an elector who is entitled under the Commonwealth Electoral Act 1918 to be treated as an eligible overseas elector for the purposes of that Act.
foreign campaigner has the meaning given by the Commonwealth Electoral Act 1918.
foreign donor has the meaning given by section 287AA of the Commonwealth Electoral Act 1918.
gift has the meaning given by Part XX of the Commonwealth Electoral Act 1918.
hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home.
Immigration Department means the Department administered by the Minister administering the Migration Act 1958.
itinerant elector means an elector who is entitled under section 96 of the Commonwealth Electoral Act 1918 to be treated as an itinerant elector for the purposes of that Act.
listed carriage service has the meaning given by section 16 of the Telecommunications Act 1997.
mobile polling team leader means a mobile polling team leader appointed under section 51.
mobile polling team member means a mobile polling team member appointed under section 51.
Northern Territory includes the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
officer includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre‑poll voting officer, a mobile polling team leader and a mobile polling team member, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under section 138.
polling booth means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place for the purpose of taking votes at a referendum.
polling official means a deputy presiding officer or an assistant presiding officer.
polling place means a place appointed as a polling place pursuant to paragraph 80(1)(a) of the Commonwealth Electoral Act 1918.
postal voting means voting pursuant to Part IV.
pre‑poll declaration vote: see subsection 71A(2).
pre‑poll ordinary vote: see subsection 71A(2).
pre‑poll voting office for a referendum means a place declared by the Electoral Commissioner under subsection 73AA(1) to be a pre‑poll voting office for the referendum.
provisionally enrolled has the meaning given by subsection (1A).
referendum means the submission to the electors of a proposed law for the alteration of the Constitution.
referendum entity means a person or entity that incurs referendum expenditure during a referendum expenditure period that exceeds the disclosure threshold.
referendum expenditure has the meaning given by section 3AAA.
referendum expenditure period means the period:
(a) starting on the day that is 6 months before the writ for a referendum is issued; and
(b) ending on the voting day for the referendum.
referendum matter has the meaning given by section 3AA.
referendum period, in relation to a referendum, means the period commencing on the day of the issue of the writ for the referendum and ending at the latest time on the voting day for the referendum at which an elector in Australia could enter a polling booth for the purpose of voting at the referendum.
registered medical practitioner means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
Roll means a roll of electors kept pursuant to the Commonwealth Electoral Act 1918.
scheme has the meaning given by Part XX of the Commonwealth Electoral Act 1918.
Subdivision means a Subdivision of a Division referred to in paragraph 79(1)(a) of the Commonwealth Electoral Act 1918.
substitute presiding officer means a person holding an appointment under section 18.
Territory means the Australian Capital Territory or the Northern Territory.
video recording includes a video recording that is recorded on means other than a videotape.
voting day, in relation to a referendum, means the day fixed for the taking of the votes for the purposes of the referendum.
(1A) A person is provisionally enrolled if: (a) the person is provisionally enrolled under section 99B of the Commonwealth Electoral Act 1918; or (b) the person is provisionally enrolled under section 38 of this Act. (2) In this Act, unless the contrary intention appears: (a) a reference to a Division shall be read as including a reference to the Northern Territory; and (b) a reference to a Subdivision shall be read as including a reference to a District of that Territory. (3) This Act extends to: (a) Norfolk Island; and (b) the Territory of Cocos (Keeling) Islands; and (c) the Territory of Christmas Island. (4) In relation to a matter concerning an elector or any other matter arising under this Act, a provision of this Act that includes the expression “the Australian Electoral Officer” without words relating the expression to a particular State or Territory shall be read as referring to the Australian Electoral Officer for the State or Territory for which the elector is enrolled or in which the matter arises, as the case requires. (5) In relation to a matter concerning an elector or any other matter arising under this Act, a provision of this Act that includes the expression “the Divisional Returning Officer” without words relating the expression to a particular Division shall be read as referring to the Divisional Returning Officer for the Division for which the elector is enrolled or in which the matter arises, as the case requires. (6) In this Act: (a) a reference to a postal vote certificate printed on an envelope is taken to include a reference to a postal vote certificate that is placed inside an envelope; and (b) a reference to an envelope on which a postal vote certificate is printed is taken to include a reference to an envelope that has a postal vote certificate placed inside.
(1) Referendum matter means matter communicated or intended to be communicated for the dominant purpose of influencing the way electors vote at a referendum. (2) For the purposes of subsection (1), each creation, recreation, communication or recommunication of matter is to be treated separately for the purposes of determining whether matter is referendum matter.
Note: For example, matter that is covered by an exception under subsection (5) when originally communicated may become referendum matter if recommunicated for the dominant purpose referred to in subsection (1).
(3) If more than one proposed law for the alteration of the Constitution is submitted to electors on a day, the dominant purpose of the communication or intended communication of matter is to be determined as if all of the proposed laws submitted to electors on that day were a single referendum. Rebuttable presumption for matter that expressly promotes or opposes a proposed law (4) Without limiting subsection (1), the dominant purpose of the communication or intended communication of matter that expressly promotes or opposes a proposed law for the alteration of the Constitution, to the extent that the matter relates to a referendum, is presumed to be the purpose referred to in subsection (1), unless the contrary is proved. Matters to be taken into account (5) Without limiting subsection (1), the following matters must be taken into account in determining the dominant purpose of the communication or intended communication of matter: (a) whether the communication or intended communication is or would be to the public or a section of the public; (b) whether the matter contains an express or implicit comment on a proposed law for the alteration of the Constitution; (c) whether the communication or intended communication is or would be received by electors near a polling place; (d) how soon a referendum is to be held after the creation or communication of the matter; (e) whether the communication or intended communication is or would be unsolicited. Exception (6) Despite subsections (1) and (4), matter is not referendum matter if the communication or intended communication of the matter: (a) forms or would form part of the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or (b) is or would be by a person for a dominant purpose that is a satirical, academic, educative or artistic purpose, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or (c) is or would be a private communication by a person to another person who is known to the first person; or (d) is or would be by or to a person who is a Commonwealth public official (within the meaning of the Criminal Code) in that person’s capacity as such an official; or (e) is or would be a private communication to a political entity (who is not a Commonwealth public official), within the meaning of the Commonwealth Electoral Act 1918, in relation to public policy or public administration; or (f) occurs or would occur in the House of Representatives or the Senate, or is or would be to a parliamentary committee.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(1) Referendum expenditure means expenditure incurred for the dominant purpose of creating or communicating referendum matter, except to the extent that the expenditure is incurred by a person or entity (the service provider): (a) in providing a communication service or communication platform that is used to create or communicate referendum matter; or (b) in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate referendum matter. (2) Expenditure may be referendum expenditure whether the expenditure is incurred for the dominant purpose of creating or communicating particular referendum matter or referendum matter generally.
Note 1: For example, expenditure incurred in relation to the communication of referendum matter for which particulars are required to be notified under section 110C is referendum expenditure.
Note 2: Expenditure by a person who creates matter that is covered by an exception under subsection 3AA(6) is not referendum expenditure. However, as each creation or communication of matter is treated as separate matter under subsection 3AA(2), expenditure incurred by another person who communicates the same matter for the dominant purpose referred to in subsection 3AA(1) may be referendum expenditure.
(3) If more than one proposed law for the alteration of the Constitution is submitted to electors on a day, referendum expenditure is to be determined by reference to the total expenditure incurred in relation to all of the proposed laws submitted to electors on that day.
This Act extends to officers outside Australia.
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) An elector is entitled to vote at a referendum where, if the referendum were an election, the elector would be entitled to vote at the election. (2) For the purposes of voting at a referendum: (a) applications or claims for enrolment, or transfer of enrolment, under the Commonwealth Electoral Act 1918 (including applications or claims to which subsection 99B(6) or 100(2) of that Act apply) that are received during the period (the suspension period): (i) starting at 8 pm on the day of the close of the Rolls for a referendum; and (ii) ending on the close of voting at the referendum; must not be considered until after the end of the suspension period; and (aa) a name must not be deleted from a roll or entered on another roll under section 103A of the Commonwealth Electoral Act 1918 during the suspension period; and (ab) a name must not be entered on a roll under section 103B of the Commonwealth Electoral Act 1918 during the suspension period; and (b) a name must not be removed from a roll under section 118 of the Commonwealth Electoral Act 1918 during the suspension period.
(1) The Electoral Commission must, for the purposes of each referendum, appoint an Australian Electoral Officer for the Australian Capital Territory and such an appointment terminates upon the completion of the referendum. (2) The Electoral Commission may appoint a person to act as Australian Electoral Officer for the Australian Capital Territory during any period, or during all periods, when the Australian Electoral Officer for the Australian Capital Territory is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(1) The Electoral Commissioner may, for the purposes of a referendum, appoint a person to be an Assistant Returning Officer. (2) A person appointed to be an Assistant Returning Officer may, subject to the control of the Electoral Commissioner, perform such functions and exercise such powers as are conferred on the person by this Act. (3) An appointment under subsection (1) terminates upon completion of the referendum. (4) An Assistant Divisional Returning Officer for a Subdivision may, subject to the directions of the Divisional Returning Officer for the Division in which the Subdivision is situated, perform the functions and exercise the powers of the Divisional Returning Officer in relation to that Subdivision.
(1) The Electoral Commissioner may, in writing, authorise one or more persons who are members of the staff of the Electoral Commission to exercise or perform: (a) in relation to one or more specified Divisions, powers, functions or duties that are conferred on a Divisional Returning Officer for those Divisions; or (b) in relation to one or more specified Subdivisions, powers, functions or duties that are conferred on an Assistant Divisional Returning Officer for those Subdivisions. (2) An authorisation: (a) may be made subject to conditions or limitations specified in the authorisation; and (b) does not limit the power of a Divisional Returning Officer or Assistant Divisional Returning Officer (as the case requires) to act in any matter. Effect of authorisation relating to DROs (3) If an authorisation is given in relation to the powers, functions or duties of a Divisional Returning Officer for a specified Division: (a) the person authorised in relation to the Division may exercise or perform any power, function or duty of a Divisional Returning Officer for the Division, subject to: (i) any condition or limitation under paragraph (2)(a); and (ii) any direction of a Divisional Returning Officer for the Division; and (b) a reference to a Divisional Returning Officer or DRO in this Act is taken to include a reference to the person. Effect of authorisation relating to Assistant Divisional Returning Officers (4) If an authorisation is given in relation to the powers, functions or duties of an Assistant Divisional Returning Officer for a specified Subdivision: (a) the person authorised in relation to the Subdivision may exercise or perform any power, function or duty of an Assistant Divisional Returning Officer for the Subdivision, subject to: (i) any condition or limitation under paragraph (2)(a); and (ii) any direction of an Assistant Divisional Returning Officer for the Subdivision, or of a Divisional Returning Officer for the Division in which the Subdivision is situated; and (b) a reference to an Assistant Divisional Returning Officer in this Act is taken to include a reference to the person.
Note: As a result of subsection 6(4), the person authorised may also exercise or perform, in relation to the Subdivision, any power, function or duty of the Divisional Returning Officer for the Division in which the Subdivision is situated.
Whenever a proposed law for the alteration of the Constitution is to be submitted to the electors, the Governor‑General may issue a writ for the submission of the proposed law to the electors.
(1) A writ issued under section 7 may be in accordance with Form A in Schedule 1, shall be signed by the Governor‑General and shall appoint: (a) the day for the close of the Rolls; (b) the day, being a Saturday, for taking the votes of electors; and (c) the day for the return of the writ. (1A) The date fixed for the return of the writ must not be more than 100 days after the issue of the writ. (2) The Governor‑General shall cause to be attached to the writ a copy of the proposed law, or a copy of a statement setting out: (a) the text of the proposed law; and (b) the text of the particular provisions (if any) of the Constitution proposed to be textually altered by the proposed law, and the textual alterations proposed to be made therein. (3) For the purposes of this Act, a writ shall be deemed to have been issued at 6 pm of the day on which the writ was issued.
(1) The day fixed for the close of the Rolls is the seventh day after the issue of the writ. (2) The day fixed for taking the votes of electors at a referendum shall be not less than 33 days and not more than 58 days after the issue of the writ.
(1) In spite of any other provision of this Act, the Governor‑General may, before the voting day for a referendum, by notice published in the Gazette, fix a later day for the taking of votes of electors, either generally or for a specified Division. (2) The Electoral Commissioner shall, as soon as possible, give such notice of the fixing of the new day as he or she thinks necessary. (3) Where the voting day for a referendum is the same as the day fixed for the polling at an election and the time for holding the election is extended under section 286 of the Commonwealth Electoral Act 1918: (a) where the extension of time for holding the election relates only to a specified Division—the day on which the election is to be held in that Division shall be taken to be the voting day for the referendum in that Division; and (b) in any other case—the day on which the election is to be held shall be taken to be the voting day for the referendum. (4) In spite of any other provision of this Act, the Governor‑General may, before or after the voting day for a referendum, by notice published in the Gazette, postpone the day appointed under subsection 8(1) for the return of the writ. (5) A day to which the taking of votes or the return of the writ is postponed under this section shall, for the purposes of other provisions of this Act, be regarded as having been appointed under subsection 8(1).
(1) Where: (a) a proposed law for the alteration of the Constitution, being a proposed law passed by an absolute majority of both Houses of the Parliament, is to be submitted to the electors; and (b) within 4 weeks after the passage of that proposed law through both Houses of the Parliament, there is forwarded to the Electoral Commissioner: (i) an argument in favour of the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted for the proposed law and desire to forward such an argument; or (ii) an argument against the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted against the proposed law and desire to forward such an argument; the Electoral Commissioner shall, unless the Minister informs the Electoral Commissioner that the referendum is not to be held, not later than 14 days before the voting day for the referendum, cause to be printed and to be sent to each address to which subsection (2A) applies, as nearly as practicable, a pamphlet containing the arguments together with a statement showing the textual alterations and additions proposed to be made to the Constitution. (2) Where: (a) a proposed law for the alteration of the Constitution, being a proposed law passed by an absolute majority of one House of the Parliament only, is to be submitted to the electors; and (b) within 4 weeks after the second passage of that proposed law through that House of the Parliament, there is forwarded to the Electoral Commissioner: (i) an argument in favour of the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted for the proposed law and desire to forward such an argument; or (ii) an argument against the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted against the proposed law and desire to forward such an argument; the Electoral Commissioner shall, unless the Minister informs the Electoral Commissioner that the referendum is not to be held, not later than 14 days before the voting day for the referendum, cause to be printed and to be sent to each address to which subsection (2A) applies, as nearly as practicable, a pamphlet containing the arguments together with a statement showing the textual alterations and additions proposed to be made to the Constitution. (2A) This subsection applies to the following addresses: (a) an address that is shown on the Roll for a Subdivision; (b) an address that is not shown on the Roll for a Subdivision because of section 104 of the Commonwealth Electoral Act 1918. (2B) The Electoral Commissioner may arrange for a pamphlet referred to in subsection (1) or (2) to be sent to any other addresses that the Electoral Commissioner considers appropriate. (2C) The Electoral Commissioner may arrange for the information in a pamphlet referred to in subsection (1) or (2) to be sent to any email addresses that the Electoral Commissioner considers appropriate. (3) When there are to be referendums upon more than one proposed law on the same day: (a) the arguments in relation to all the proposed laws shall be printed in one pamphlet; (b) the argument in favour of any proposed law may exceed 2,000 words if the arguments in favour of all the proposed laws do not average more than 2,000 words each and the argument against any proposed law may exceed 2,000 words if the arguments against all the proposed laws do not average more than 2,000 words each; and (c) there may be one statement setting out all the alterations and additions proposed to be made to the Constitution by all the proposed laws, with marginal notes identifying the proposed law by which each alteration or addition is proposed to be made. (4) The Commonwealth shall not expend money in respect of the presentation of the argument in favour of, or the argument against, a proposed law except in relation to: (a) the preparation, printing and sending, in accordance with this section, of the pamphlets referred to in this section; (aa) the preparation, by or on behalf of the Electoral Commission, of translations into other languages of material contained in those pamphlets; (ab) the preparation, by or on behalf of the Electoral Commission, of presentations of material contained in those pamphlets in forms suitable for the visually impaired; (ac) the distribution or publication, by or on behalf of the Electoral Commission, of those pamphlets, translations or presentations (including publication on the internet); (b) the provision by the Electoral Commission of other information relating to, or relating to the effect of, the proposed law; or (c) the salaries and allowances of members of the Parliament, of members of the staff of members of the Parliament or of persons who are appointed or engaged under the Public Service Act 1999, including salaries, remuneration, allowances and expenses payable under the Constitution, the Parliamentary Business Resources Act 2017 and agreements for employment or engagement referred to in the Members of Parliament (Staff) Act 1984. (5) Subsection (4) applies in respect of expenditure incurred on or after the end of the day on which a proposed law to alter the Constitution passes the Parliament, as referred to in subsection (1) or (2). (6) To avoid doubt, subsection (4) does not prevent the Commonwealth from expending money in relation to neutral public civics education and awareness activities. (7) To avoid doubt, activities referred to in subsection (6) must not address the arguments for or against a proposed law for the alteration of the Constitution. (8) Subsection (4) does not prevent the Commonwealth from expending money in relation to meetings of the Constitutional Expert Group, the Referendum Engagement Group or the Referendum Working Group. (9) Subsections (5) to (8) and this subsection are repealed at the start of the polling day for the first general election of the members of the House of Representatives held after the commencement of this subsection.
The Governor‑General shall, immediately after the issue of a writ for a referendum: (a) cause a copy of the writ and a copy of the proposed law or of the statement (if any) attached to the writ to be forwarded to the Governors of the several States, to the Chief Minister for the Australian Capital Territory and to the Administrator of the Northern Territory; and (b) forward the original writ and a copy of the proposed law or of the statement (if any) attached to the writ to the Electoral Commissioner.
The Electoral Commissioner shall, immediately after receiving a writ for a referendum: (a) advise each Australian Electoral Officer of the particulars of the writ; and (b) cause to be published in the Gazette a notice setting out the particulars of the writ and a copy of the proposed law or of the statement (if any) attached to the writ.
(1) The Australian Electoral Officer for each State and Territory shall, immediately after receiving advice of the particulars of a writ for a referendum: (a) cause copies of a statement setting out the text of the proposed law and the text of the particular provisions (if any) of the Constitution proposed to be altered by the proposed law to be made available at offices of the Electoral Commission in that State or Territory and at such other places as the Electoral Commissioner directs; (b) cause a notice setting out: (i) the particulars of the writ; and (ii) a copy of the proposed law or of the statement (if any) attached to the writ; and (iii) the places at which copies of the statement referred to in paragraph (a) are available; to be inserted in: (iv) not less than 2 newspapers circulating generally in the State or Territory; or (v) if there is only one newspaper circulating generally in the State or Territory—that newspaper; and (c) advise each Divisional Returning Officer in that State or Territory of the particulars of the writ. (2) The Divisional Returning Officers of the States and the Territories shall, subject to this Act and to the directions of the Electoral Commissioner and the Australian Electoral Officers of their respective States and Territories, immediately after receiving advice of the particulars of a writ for a referendum, take all action that is necessary to be taken to carry the writ into effect.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Referendum (Machinery Provisions) Act 1984.
This Act shall come into operation on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
absent voter means an elector voting or desiring to vote pursuant to section 46 other than at a polling place appointed for the Division for which the elector is enrolled.
absent voting means voting as an absent voter pursuant to section 46.
Antarctica means the Australian Antarctic Territory and includes:
(a) the Territory of Heard Island and McDonald Islands; and
(b) Macquarie Island.
Antarctic elector means an elector who is, in the course of the elector’s employment:
(a) in Antarctica; or
(b) on a ship at sea in transit to or from Antarctica.
approved form means:
(a) a form that:
(i) is approved by the Electoral Commissioner in writing; and
(ii) has been published by the Electoral Commissioner; or
(b) a manner, approved by the Electoral Commissioner in writing, for giving a notice (however described).
Note 1: An approved form under paragraph (a) might be published by the Electoral Commissioner on the Electoral Commission’s website.
Note 2: An example of an approved form under paragraph (b) is giving a notice by using a specified web portal.
approved list of voters for a Division means a list in electronic form that:
(a) contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and
(b) is approved by the Electoral Commissioner for use in connection with voting under this Act.
Assistant Divisional Returning Officer means an Assistant Divisional Returning Officer appointed under section 34 of the Commonwealth Electoral Act 1918.
Assistant Returning Officer means a person appointed to be an Assistant Returning Officer under section 6 of this Act or, where the voting day for a referendum is the same as that fixed for the polling at an election, under section 33 of the Commonwealth Electoral Act 1918.
Australia includes:
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
Australian Capital Territory includes Norfolk Island and the Jervis Bay Territory.
Australian Electoral Officer means:
(a) an Australian Electoral Officer for a State; or
(b) the Australian Electoral Officer for the Australian Capital Territory; or
(c) the Australian Electoral Officer for the Northern Territory.
Australian Electoral Officer for a State means an Australian Electoral Officer for a State referred to in section 20 of the Commonwealth Electoral Act 1918.
Australian Electoral Officer for a Territory means an Australian Electoral Officer for a Territory appointed under section 5 of this Act or, where the voting day for a referendum is the same as that fixed for the polling at an election, under section 30 of the Commonwealth Electoral Act 1918.
Australian Electoral Officer for the Australian Capital Territory means the Australian Electoral Officer for the Australian Capital Territory appointed under:
(a) section 5 of this Act; or
(b) if the voting day for a referendum is the same as that fixed for the polling at an election—section 30 of the Commonwealth Electoral Act 1918.
Australian Electoral Officer for the Northern Territory means an Australian Electoral Officer for the Northern Territory referred to in section 20 of the Commonwealth Electoral Act 1918.
authorized witness, in relation to any act or thing done by a person for the purposes of voting at a referendum, means:
(a) in a case to which paragraph (b) does not apply—an elector; or
(b) in the case of an act or thing done outside Australia:
(i) an elector;
(ii) an officer of the Defence Force or of the naval, military or air forces of a Commonwealth country;
(iii) a member of the civil or public service of a State or Territory or of a Commonwealth country;
(iiia) a person appointed or engaged under the Public Service Act 1999; or
(iv) a justice of the peace for, or a minister of religion or medical practitioner resident in, a State or Territory or a Commonwealth country; or
(v) an Australian citizen.
For the purposes of this definition, Commonwealth country means a political entity, or part of a political entity, that is a member of the international organisation known as the Commonwealth of Nations.
capital city office of the Electoral Commission has the meaning given by subsection 90A(3) of the Commonwealth Electoral Act 1918.
carriage service provider has the meaning given by section 87 of the Telecommunications Act 1997.
certified list of voters, in respect of a Division, means a list prepared and certified under subsection 22(1).
civil penalty provision has the meaning given by the Regulatory Powers Act.
compartment means:
(a) in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 20; and
(b) in relation to a place at which pre‑poll ordinary voting is available—a compartment constructed in the place pursuant to section 73CE.
Note: For the places at which pre‑poll ordinary voting is available, see section 73CD.
constable means a member or a special member of the Australian Federal Police or a member of the Police Force of a State or Territory.
Controller‑General of Prisons, in relation to a State or Territory, means the official having control of the prisons of the State or Territory.
courier service means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner.
declaration vote means:
(a) a postal vote;
(b) a pre‑poll declaration vote;
(c) an absent vote; or
(d) a provisional vote.
Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19 of the Commonwealth Electoral Act 1918.
designated elector means an elector in relation to whom a declaration under subsection 202AH(1) of the Commonwealth Electoral Act 1918 is in effect.
disclosure threshold has the meaning given by Part XX of the Commonwealth Electoral Act 1918.
Division means an Electoral Division created pursuant to the Commonwealth Electoral Act 1918 for the election of a member of the House of Representatives.
Divisional Returning Officer means a Divisional Returning Officer referred to in section 32 of the Commonwealth Electoral Act 1918.
DRO means Divisional Returning Officer.
election means an election of a Member of the House of Representatives or an election of Senators for a State or Territory.
elector means a person whose name appears on a Roll as an elector.
Electoral Commission means the Australian Electoral Commission established by section 6 of the Commonwealth Electoral Act 1918.
Electoral Commissioner means the Electoral Commissioner referred to in section 18 of the Commonwealth Electoral Act 1918.
eligible overseas elector means an elector who is entitled under the Commonwealth Electoral Act 1918 to be treated as an eligible overseas elector for the purposes of that Act.
foreign campaigner has the meaning given by the Commonwealth Electoral Act 1918.
foreign donor has the meaning given by section 287AA of the Commonwealth Electoral Act 1918.
gift has the meaning given by Part XX of the Commonwealth Electoral Act 1918.
hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home.
Immigration Department means the Department administered by the Minister administering the Migration Act 1958.
itinerant elector means an elector who is entitled under section 96 of the Commonwealth Electoral Act 1918 to be treated as an itinerant elector for the purposes of that Act.
listed carriage service has the meaning given by section 16 of the Telecommunications Act 1997.
mobile polling team leader means a mobile polling team leader appointed under section 51.
mobile polling team member means a mobile polling team member appointed under section 51.
Northern Territory includes the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
officer includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre‑poll voting officer, a mobile polling team leader and a mobile polling team member, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under section 138.
polling booth means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place for the purpose of taking votes at a referendum.
polling official means a deputy presiding officer or an assistant presiding officer.
polling place means a place appointed as a polling place pursuant to paragraph 80(1)(a) of the Commonwealth Electoral Act 1918.
postal voting means voting pursuant to Part IV.
pre‑poll declaration vote: see subsection 71A(2).
pre‑poll ordinary vote: see subsection 71A(2).
pre‑poll voting office for a referendum means a place declared by the Electoral Commissioner under subsection 73AA(1) to be a pre‑poll voting office for the referendum.
provisionally enrolled has the meaning given by subsection (1A).
referendum means the submission to the electors of a proposed law for the alteration of the Constitution.
referendum entity means a person or entity that incurs referendum expenditure during a referendum expenditure period that exceeds the disclosure threshold.
referendum expenditure has the meaning given by section 3AAA.
referendum expenditure period means the period:
(a) starting on the day that is 6 months before the writ for a referendum is issued; and
(b) ending on the voting day for the referendum.
referendum matter has the meaning given by section 3AA.
referendum period, in relation to a referendum, means the period commencing on the day of the issue of the writ for the referendum and ending at the latest time on the voting day for the referendum at which an elector in Australia could enter a polling booth for the purpose of voting at the referendum.
registered medical practitioner means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
Roll means a roll of electors kept pursuant to the Commonwealth Electoral Act 1918.
scheme has the meaning given by Part XX of the Commonwealth Electoral Act 1918.
Subdivision means a Subdivision of a Division referred to in paragraph 79(1)(a) of the Commonwealth Electoral Act 1918.
substitute presiding officer means a person holding an appointment under section 18.
Territory means the Australian Capital Territory or the Northern Territory.
video recording includes a video recording that is recorded on means other than a videotape.
voting day, in relation to a referendum, means the day fixed for the taking of the votes for the purposes of the referendum.
(1A) A person is provisionally enrolled if: (a) the person is provisionally enrolled under section 99B of the Commonwealth Electoral Act 1918; or (b) the person is provisionally enrolled under section 38 of this Act. (2) In this Act, unless the contrary intention appears: (a) a reference to a Division shall be read as including a reference to the Northern Territory; and (b) a reference to a Subdivision shall be read as including a reference to a District of that Territory. (3) This Act extends to: (a) Norfolk Island; and (b) the Territory of Cocos (Keeling) Islands; and (c) the Territory of Christmas Island. (4) In relation to a matter concerning an elector or any other matter arising under this Act, a provision of this Act that includes the expression “the Australian Electoral Officer” without words relating the expression to a particular State or Territory shall be read as referring to the Australian Electoral Officer for the State or Territory for which the elector is enrolled or in which the matter arises, as the case requires. (5) In relation to a matter concerning an elector or any other matter arising under this Act, a provision of this Act that includes the expression “the Divisional Returning Officer” without words relating the expression to a particular Division shall be read as referring to the Divisional Returning Officer for the Division for which the elector is enrolled or in which the matter arises, as the case requires. (6) In this Act: (a) a reference to a postal vote certificate printed on an envelope is taken to include a reference to a postal vote certificate that is placed inside an envelope; and (b) a reference to an envelope on which a postal vote certificate is printed is taken to include a reference to an envelope that has a postal vote certificate placed inside.
(1) Referendum matter means matter communicated or intended to be communicated for the dominant purpose of influencing the way electors vote at a referendum. (2) For the purposes of subsection (1), each creation, recreation, communication or recommunication of matter is to be treated separately for the purposes of determining whether matter is referendum matter.
Note: For example, matter that is covered by an exception under subsection (5) when originally communicated may become referendum matter if recommunicated for the dominant purpose referred to in subsection (1).
(3) If more than one proposed law for the alteration of the Constitution is submitted to electors on a day, the dominant purpose of the communication or intended communication of matter is to be determined as if all of the proposed laws submitted to electors on that day were a single referendum. Rebuttable presumption for matter that expressly promotes or opposes a proposed law (4) Without limiting subsection (1), the dominant purpose of the communication or intended communication of matter that expressly promotes or opposes a proposed law for the alteration of the Constitution, to the extent that the matter relates to a referendum, is presumed to be the purpose referred to in subsection (1), unless the contrary is proved. Matters to be taken into account (5) Without limiting subsection (1), the following matters must be taken into account in determining the dominant purpose of the communication or intended communication of matter: (a) whether the communication or intended communication is or would be to the public or a section of the public; (b) whether the matter contains an express or implicit comment on a proposed law for the alteration of the Constitution; (c) whether the communication or intended communication is or would be received by electors near a polling place; (d) how soon a referendum is to be held after the creation or communication of the matter; (e) whether the communication or intended communication is or would be uns
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