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Commonwealth act
This law is the rulebook for how Australians vote in a referendum — the process used when Parliament wants to change the Australian Constitution. It covers everything from issuing the official order to hold a vote, to counting the ballots and declaring results.
1. Sets the voting timetable Once the Governor-General issues a formal order (called a 'writ') to hold a referendum:
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Direct links to the current provisions in Referendum (Machinery Provisions) Act 1984.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
2. Governs how the vote works Voters write 'Yes' or 'No' on a ballot paper. The rules cover:
3. The 'Yes/No pamphlet' Before the vote, the Electoral Commission must send every household a pamphlet with:
The Government cannot spend public money promoting or opposing the change — only on printing and distributing this pamphlet, translations, and neutral public education.
4. Regulates campaign spending and advertising ('referendum expenditure') Anyone spending money to influence how people vote — running ads, distributing flyers, social media campaigns — is engaging in 'referendum expenditure'. If their total spending exceeds the disclosure threshold (set under electoral law), they must report it. This applies from 6 months before the writ is issued right through to voting day.
Exceptions include:
5. Who can observe the count (scrutineers) The Governor-General, State Governors, Territory leaders, and registered political parties can all appoint official observers (called 'scrutineers') to watch the voting and counting process.
6. Covers overseas and special-circumstance voters The law extends to Norfolk Island, Cocos (Keeling) Islands, Christmas Island, and even people stationed in Antarctica. Australians overseas can still vote.