Referendum (Machinery Provisions) Act 1994 (ACT)

Mechanically, the Referendum (Machinery Provisions) Act 1994 sets out how referendums in the Australian Capital Territory are to be conducted by applying, with necessary changes, many of the provisions of the Electoral Act 1992 to referendums. The Act does not itself set the substantive questions to be put to voters. Instead it provides the operational framework: which electoral provisions apply, how ballot papers and voting are to be administered, how results are to be ascertained and notified, how financial disclosure and capped expenditure periods apply to referendum campaigning, what offences and enforcement mechanisms govern referendum conduct, and how disputed referendums are to be litigated and remedied. The Act also authorises the Executive to make regulations about printing ballot papers, appointing scrutineers, scrutiny procedures and who may dispute a referendum, and requires the Executive to consult the electoral commission and the relevant Assembly committee before making regulations (s 21).

The Act declares its application principle repeatedly: unless a contrary intention appears, expressions in the Electoral Act have the same meaning when applied to a referendum, with the necessary changes (s 4(1)). It provides a set of express mappings, for example, treating references to an election as references to a referendum, a polling day as a referendum day, or a polling place as a polling place for a referendum (s 4(2)(b), (g), (h)). The Act permits referendums to be held concurrently with ordinary elections or separately. By default, a poll for a referendum is to be held on the polling day for the next ordinary election (s 7(1)), but a referendum law may provide for another day; if so the Executive can fix a Saturday subject to constraints (s 7(2)).

The Act creates specific operational obligations that change how certain Electoral Act provisions operate in the referendum context. Examples include: authorised statements for and against referendum options (s 8), the Commissioner’s power to determine ballot-paper colour and to allow electronic ballot papers (s 11(2), (5)), the application of electoral voting procedures to referendums (s 12(2)-(3)), the adaptation of scrutiny and counting rules and the manner of notification of results (s 14(3)-(4)), and the application of financial disclosure, expenditure caps and returns in modified timeframes tied to the referendum polling day (s 15(2)-(3)). Schedule 1 sets out detailed modifications to Electoral Act parts when applied to referendums, including a substituted offence for multiple voting and thresholds and treatment of anonymous gifts (sch 1, parts 1.1 and 1.3).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Referendum (Machinery Provisions) Act 1994 A1994-79 Republication No 9 Effective: 26 November 2025 Republication date: 26 November 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Referendum (Machinery Provisions) Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Referendum (Machinery Provisions) Act 1994 Contents Page 1 Name of Act 2 2 Dictionary 2 3 Notes 2 3A Terms used in Electoral Act 2 4 Interpretation of applied provisions of Electoral Act 2 5 Application 4 6 Commission staff 4 7 Timing of referendums 4 8 Arguments for and against referendum options 5 10 Arrangements for referendums 6 11 Ballot papers 7 12 Voting at a referendum 8

Contents Page contents 2 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13 Polling in Antarctica 9 14 Scrutiny 10 15 Financial disclosure 11 16 Disputed referendums 12 17 Offences 13 18 Enforcement 13 19 Miscellaneous 14 20 Approved forms 14 21 Regulation-making power 14 Schedule 1 Modifications of Electoral Act as applied in relation to referendums 16 Part 1.1 Modifications of part 10—voting 16 Part 1.2 Modifications of part 12—the scrutiny 18 Part 1.3 Modifications of part 14—election funding, expenditure and financial disclosure 19 Part 1.4 Modifications of part 16—disputed elections, eligibility and vacancies 22 Part 1.5 Modification of part 17—electoral offences 24 Part 1.6 Modifications of part 19—miscellaneous 25 Dictionary 26 Endnotes 1 About the endnotes 28 2 Abbreviation key 28 3 Legislation history 29 4 Amendment history 31 5 Earlier republications 33

R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Referendum (Machinery Provisions) Act 1994 An Act relating to referendums

Section 1 page 2 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of Act This Act is the Referendum (Machinery Provisions) Act 1994. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 3A Terms used in Electoral Act A term used in the Electoral Act has the same meaning in this Act. 4 Interpretation of applied provisions of Electoral Act (1) Unless the contrary intention appears, an expression used in the Electoral Act as applied by this Act has the same meaning as in that Act, so far as that meaning is applicable, with the necessary changes, in relation to a referendum. (2) In the application of the Electoral Act, unless the contrary intention appears— (a) a reference to a ballot paper (including the form of a ballot paper), a ballot box, or other thing shall be taken to be a reference to a ballot paper (including the form of a ballot paper), ballot box or corresponding thing in relation to a referendum; and

Section 4 R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) a reference to an election shall be taken to be a reference to a referendum; and (c) a reference to an election period, or a pre-election period, shall be taken to be a reference to a referendum period, or a pre-referendum period, that corresponds with the relevant period specified in relation to an election; and (d) a reference to electoral matter shall be taken to be a reference to matter that is intended or is likely to affect voting in a referendum, and includes any matter that contains an express or implied reference to a referendum or to any of the matters on which electors are required to vote in a referendum; and (e) a reference to an electoral paper shall be taken to be a reference to any document, form or notice provided for, or required, under the Electoral Act, as applied by this Act, for the purposes of a referendum; and (f) a reference to a poll shall be taken to be a reference to the taking of the votes of electors for the purposes of a referendum; and (g) a reference to a polling day in relation to a referendum shall be taken to be a reference to a referendum day; and (h) a reference to a polling place or a scrutiny centre in relation to a referendum shall be taken to be a reference— (i) in the case of a concurrent referendum—to the polling place or a scrutiny centre appointed for the election under the Electoral Act, section 119; and (ii) in the case of a separate referendum—to a polling place or a scrutiny centre appointed for the referendum under the Electoral Act, section 119 as applied by this Act; and (j) a reference to a pre-election period shall be taken to be a reference to a pre-referendum period that corresponds with the period specified in relation to an election; and

Section 5 page 4 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (k) a reference to a scrutineer shall be taken to be a reference to a scrutineer appointed for the purposes of a referendum; and (m) a reference to this Act shall be read as a reference to the Electoral Act as applied by this Act. 5 Application (1) A referendum for the purposes of a referendum law shall be held in accordance with this Act. (2) This Act applies in relation to a referendum referred to in subsection (1) except to the extent that a referendum law provides otherwise. 6 Commission staff (1) For the purposes of a referendum, the Electoral Act, sections 32 and 33 apply, so far as the same are applicable, with the necessary changes, in the same way as those provisions apply for the purposes of an election. (2) In particular, a person appointed to be an officer under the Electoral Act, section 33 for the purposes of that Act shall be taken to be so appointed for the purposes of that Act as applied by this Act. 7 Timing of referendums (1) Subject to subsection (2), a poll for a referendum shall be held on the polling day for the next ordinary election ascertained in accordance with the Electoral Act. (2) If a referendum law provides for a referendum day other than a polling day referred to in subsection (1), then, unless the referendum law provides otherwise, the poll for the referendum shall be held on a Saturday fixed by the Executive, in writing, not being— (a) a day that occurs between the commencement of a pre-election period and the expiration of the period of 36 days after the polling day for the relevant election; or

Section 8 R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the day for— (i) an election of Senators; or (ii) a general election of members of the House of Representatives; or (iii) a referendum held under a law of the Commonwealth; unless the Minister arranges with the appropriate Minister of the Crown of the Commonwealth for the poll for the referendum to be held on that day. (3) An instrument under subsection (2) is a notifiable instrument. 8 Arguments for and against referendum options (1) Where, within 30 days of the passage of a referendum law, the commissioner receives— (a) an authorised statement, consisting of not more than 2 000 words, of the arguments in favour of the matter to be submitted to referendum; or (b) an authorised statement, consisting of not more than 2 000 words, of the arguments against the matter to be submitted to referendum; the commissioner shall, not later than 14 days before the relevant referendum day, cause each argument to be printed in a similar typeface and typestyle in a pamphlet containing the relevant arguments and to be posted, as nearly as practicable— (c) to each elector; or (d) to each household in the Territory.

Section 10 page 6 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In subsection (1): authorised statement means— (a) in the case of a statement referred to in subsection (1) (a)—a statement authorised by a majority of the members of the Assembly who voted in favour of the relevant referendum law; and (b) in the case of a statement referred to in subsection (1) (b)—a statement authorised by a majority of the members of the Assembly who voted against the relevant referendum law. 10 Arrangements for referendums (1) The purpose of this section is to ensure that, as far as practicable, the arrangements that apply in relation to a referendum are the same as the arrangements for an election. (2) For the purpose of this section, the Electoral Act, division 9.4 applies, so far as the same is applicable, with the necessary changes. (3) In particular, the Electoral Act, division 9.4 applies— (a) subject to a referendum law providing for the appointment of scrutineers for the purposes of a referendum; and (b) in the case of a separate referendum, subject to— (i) each MLA being entitled to appoint a scrutineer to represent the member during the voting for the referendum, or during the scrutiny for the referendum, or both; and (ii) the Electoral Act, sections 122 and 123 being construed, with the necessary changes, for the purpose of giving effect to subparagraph (i); and

Section 11 R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) in the case of a concurrent referendum, subject to— (i) a person appointed as a scrutineer by a candidate for an election being taken to be appointed also for the purposes of the referendum; and (ii) places appointed to be polling places or scrutiny centres for the election being taken to be appointed also for the purposes of the referendum; and (iii) administrative arrangements made for the election, so far as the same are applicable, being taken to be made also for the purposes of the referendum; and (iv) the same certified list of electors being used for the purposes of both the election and the referendum. 11 Ballot papers (1) A referendum ballot paper— (a) shall set out the referendum options; and (b) shall be in accordance with the form (if any) ascertained in accordance with the relevant referendum law; and (c) shall be printed in accordance with the requirements (if any) of the relevant referendum law; and (d) shall bear an official mark. (2) The commissioner may determine the colour of the paper on which referendum ballot papers are to be printed. (3) If a referendum law does not make provision in relation to— (a) the form of the referendum ballot paper; or (b) the printing of the referendum ballot paper; the form and printing of the referendum ballot paper shall be ascertained in accordance with the regulations.

Section 12 page 8 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) Where such regulations are in force, a reference in this Act to a referendum ballot paper shall be read as a reference to a referendum ballot paper in the form ascertained in accordance with the regulations except to the extent that such regulations are inconsistent with a referendum law. (5) For this section, a referendum ballot paper may be in electronic form. 12 Voting at a referendum (1) The purpose of this section is to ensure that, as far as practicable, voting at a referendum is conducted in the same way as voting at an election. (2) For the purpose of this section, the Electoral Act, part 10 applies, so far as the same is applicable, with the necessary changes. (3) In particular— (a) the procedures for voting at a referendum shall be the same as the procedures for voting at elections, so far as such procedures are applicable; and (b) an elector shall record his or her vote on a referendum ballot paper by marking the ballot paper in accordance with the directions lawfully on it; and (c) an officer shall not issue a referendum ballot paper unless the particulars required under section 11 are contained on the ballot paper; and (d) the Electoral Act, section 129 and division 10.7 only apply in relation to a separate referendum; and (e) the Electoral Act, part 10 applies subject to the modifications set out in schedule 1, part 1.1. (4) For the purposes of a concurrent referendum— (a) the same ballot boxes may be used for the election and the referendum; and

Section 13 R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) subject to paragraph (c), a referendum ballot paper shall be issued to a voter at the same time as he or she is issued with an election ballot paper; and (c) a voter who, on surrendering a spoilt election ballot paper, is issued with another election ballot paper, need not be issued with a another referendum ballot paper; and (d) a person who casts an ordinary vote for the election shall cast his or her vote for the referendum in the same way at the same time and place; and (e) a person who casts a declaration vote for the election shall cast his or her vote for the referendum in the same way; and (f) the marked referendum ballot paper of a declaration voter shall be placed in the same envelope as the election ballot paper; and (g) the referendum ballot paper of a declaration voter is to be admitted to further scrutiny for the referendum if, and only if, the election ballot paper is admitted to further scrutiny for the election. 13 Polling in Antarctica (1) The purpose of this section is to ensure that, as far as practicable, polling in Antarctica for the purposes of a referendum is conducted in the same way as the polling of electors in Antarctica for the purposes of an election. (2) For the purpose of this section, the Electoral Act, part 11 applies, so far as the same is applicable, with the necessary changes. (3) In particular, the directions transmitted by the commissioner to a returning officer for the preparation of referendum ballot papers shall ensure, so far as practicable, that such ballot papers are the same as ballot papers prepared in accordance with section 11.

Section 14 page 10 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14 Scrutiny (1) The purpose of this section is to ensure that, as far as practicable, the result of polling at a referendum is ascertained by scrutiny in the same way as for an election. (2) For the purpose of this section, the Electoral Act, part 12 applies, so far as the same is applicable, with the necessary changes. (3) In particular— (a) subject to a referendum law, the formality of a referendum ballot paper shall be determined in accordance with the Electoral Act, section 180, so far as the same is applicable, with the necessary changes; and (b) without limiting paragraph (a), a reference in the Electoral Act, sections 118A (6) (b), 180(2) (b) and (c) and (3) (a), 182 (4) (c) (ii) and (5) (a) (i), 184 (1) (b) (i) and 184 (2) to a first preference, or a preference, in relation to a candidate or a candidate square, as the case may be, shall be taken to be a reference to a vote in relation to a referendum option; and (c) a reference to a candidate in the Electoral Act, section 187 in relation to a request for a recount of referendum ballot papers shall be taken to be a reference to a person having authority to make such a request under a referendum law or the regulations except to the extent that such regulations are inconsistent with a referendum law; and (d) the Electoral Act, part 12 applies subject to the modifications specified in schedule 1, part 1.2.

Section 15 R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) Unless a referendum law otherwise provides, the result of a referendum shall be ascertained and notified in the following manner: (a) the commissioner shall arrange for all unrejected referendum ballot papers to be counted to ascertain— (i) the number of votes in favour of each referendum option; and (ii) the number of votes opposed to each referendum option; and (iii) the total number of informal ballot papers; (b) as soon as practicable after the count is concluded, the commissioner must prepare a notice setting out the numbers so counted and declaring the result of the referendum. (5) A notice under subsection (4) (b) is a notifiable instrument. 15 Financial disclosure (1) The purpose of this section is to ensure that, as far as practicable, the provisions of the Electoral Act, part 14, as applied by this section, apply in relation to a referendum in the same way as those provisions apply in relation to an election. (2) For the purpose of this section, the Electoral Act, divisions 14.1, 14.4, 14.5, 14.7 and 14.8 apply, so far as the same are applicable, with the necessary changes. (3) In particular— (a) a reference in the Electoral Act, section 201 (1) to the disclosure period in relation to an election shall be taken to be a reference to the disclosure period, in relation to a referendum, commencing 37 days before the expiration of polling day for the referendum and ending on the expiration of 30 days after polling day for the referendum; and

Section 16 page 12 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) a reference in the Electoral Act, section 198, to the capped expenditure period for an election is to be taken to be a reference to the capped expenditure period, in relation to a referendum, commencing 37 days before the expiration of polling day for the referendum and ending on the expiration of 30 days after polling day for the referendum; and (c) a reference in the Electoral Act, part 14, as applied by this section, to the amount of a gift shall, where the amount is to be determined in accordance with regulations made for the purposes of the Electoral Act, section 202 be taken to be a reference to the amount so determined; and (d) a reference in the Electoral Act, section 220, to a third-party campaigner is to be taken to be a reference to a person; and (e) the Electoral Act, part 14 applies subject to the modifications set out in schedule 1, part 1.3. 16 Disputed referendums (1) The purpose of this section is to ensure that, as far as practicable, the validity of a referendum may be disputed in the same way as the validity of an election may be disputed and not otherwise. (2) For the purpose of this section, the Electoral Act, part 16 applies, so far as the same is applicable, with the necessary changes. (3) In particular— (a) without limiting the Electoral Act, section 256 as applied, the validity of a referendum is taken to be in dispute if the notice of the voting at the referendum, prepared under section 14 (4) (b), is called into question; and (b) the Electoral Act, part 16 applies subject to the modifications set out in schedule 1, part 1.4. (4) A referendum is not invalidated merely because the commissioner may not have strictly complied with section 8.

Section 17 R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Offences (1) The purpose of this section is to ensure that, as far as practicable, the provisions of the Electoral Act creating offences in relation to an election apply in the same way in relation to a referendum. (2) For the purpose of this section, the provisions referred to in subsection (1) apply, so far as the same are applicable, with the necessary changes. (3) In particular, the Electoral Act, part 17 applies— (a) as if a reference in the Electoral Act, section 304 to an association with a registered party or candidate were taken to be a reference to an association with any of the referendum options; and (b) subject to the modification set out in schedule 1, part 1.5. 18 Enforcement (1) The purpose of this section is to ensure that, as far as practicable, enforcement proceedings under the Electoral Act, part 18 in respect of a contravention of that Act in its application to elections apply, in the same way in respect of a contravention of that Act, as applied by this Act, in its application to referendums. (2) For the purpose of this section, the Electoral Act, part 18 applies, so far as the same is applicable, with the necessary changes. (3) In particular, a reference in the Electoral Act, sections 321 (2) and 322 (2) to a candidate in relation to an election shall be taken to be a reference to a person who, for the purposes of a referendum, is ascertained in accordance with a referendum law or the regulations except to the extent that such regulations are inconsistent with a referendum law.

Section 19 page 14 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Miscellaneous (1) The purpose of this section is to ensure that, as far as practicable, the provisions of the Electoral Act, part 19 apply in relation to a referendum in the same way as those provisions apply in relation to an election. (2) For the purpose of this section, the Electoral Act, part 19 applies, so far as the same is applicable, with the necessary changes. (3) In particular, the Electoral Act, part 19 applies subject to the modifications set out in schedule 1, part 1.6. 20 Approved forms (1) The commissioner may, in writing, approve forms for this Act. (2) If the commissioner approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument. 21 Regulation-making power (1) The Executive may make regulations for this Act. (2) The regulations may make provision, not inconsistent with a referendum law, in relation to matters relevant to a particular referendum or to referendums generally, including the following matters: (a) the printing of ballot papers; (b) the appointment of scrutineers; (c) scrutiny procedures, including the formality of ballot papers; (d) people entitled to dispute referendums. (3) The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Section 21 R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The Executive must consult with the electoral commission and the relevant Assembly committee before making a regulation under this Act. (5) Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation under this Act commences— (a) if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—on the day after the day the motion is negatived; or (b) on the day after the 6th sitting day after the day it is presented to the Legislative Assembly under that chapter; or (c) if the regulation provides for a later date or time of commencement—on that date or at that time. (6) In this section: relevant Assembly committee—has the same meaning as in the Electoral Act, dictionary.

Schedule 1 Modifications of Electoral Act as applied in relation to referendums Part 1.1 Modifications of part 10—voting Mod [1.1] page 16 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Modifications of Electoral Act as applied in relation to referendums (see ss 12, 14, 15, 16, 17 and 19) Part 1.1 Modifications of part 10—voting [1.1] Section 130 substitute 130 Multiple votes prohibited An elector shall not vote more than once at the same referendum. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. [1.2] Section 132 omit [1.3] Section 134 (b) omit section 132 substitute the directions on it

Modifications of Electoral Act as applied in relation to referendums Schedule 1 Modifications of part 10—voting Part 1.1 Mod [1.4] R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au [1.4] Section 135 (4) (c) (i) omit section 132 substitute the directions on it [1.5] Section 155 omit

Schedule 1 Modifications of Electoral Act as applied in relation to referendums Part 1.2 Modifications of part 12—the scrutiny Mod [1.6] page 18 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.2 Modifications of part 12—the scrutiny [1.6] Section 185 omit [1.7] Section 189 omit

Modifications of Electoral Act as applied in relation to referendums Schedule 1 Modifications of part 14—election funding, expenditure and financial disclosure Part 1.3 Mod [1.8] R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.3 Modifications of part 14— election funding, expenditure and financial disclosure [1.8] Section 200 omit [1.9] Section 201 (2) omit [1.10] Section 217 omit [1.16] Section 222 substitute 222 Anonymous gifts (1) A person shall not accept a gift made for the purposes of a referendum, being a gift the amount of which equals or exceeds $200, unless— (a) the defined details in relation to the gift are known to the person accepting the gift; or (b) the person making the gift informs the person accepting the gift of the defined details and, at the time when the gift is made, the person accepting it has no grounds for believing that the information provided is not true. (2) Subsection (1) applies to gifts received at any time. (3) The reference in subsection (1) to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association.

Schedule 1 Modifications of Electoral Act as applied in relation to referendums Part 1.3 Modifications of part 14—election funding, expenditure and financial disclosure Mod [1.17] page 20 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) For the purposes of this section, 2 or more gifts made by the same person for the purposes of a referendum shall be deemed to be a single gift. (5) Where a person receives a gift in contravention of subsection (1), an amount equal to the amount of the gift is payable by that person to the Territory and may be recovered by the Territory as a debt due to the Territory by that person. [1.17] Section 223, definition of participant substitute participant, in a referendum, means a person by whom, or with the authority of whom, referendum expenditure in relation to a referendum is incurred. [1.18] Section 224 (1), (2) and (3) omit [1.19] Section 224 (4) substitute (4) Where referendum expenditure in relation to a referendum was incurred by or with the authority of a person, the person shall, before the expiration of 60 days after polling day for the referendum, give the commissioner a return, in writing, specifying details of the referendum expenditure. [1.20] Section 225 omit [1.21] Section 227 omit

Modifications of Electoral Act as applied in relation to referendums Schedule 1 Modifications of part 14—election funding, expenditure and financial disclosure Part 1.3 Mod [1.23] R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au [1.23] Section 239 (2) omit [1.24] Section 239 (3) substitute (3) Where a person would, in the normal course of business or administration, transfer to another person a record referred to in subsection (1)— (a) the person shall be taken not to have contravened the subsection by so transferring the record; and (b) the person to whom the record is transferred shall retain the record for the period for which the person who transferred the record would have had to retain the record had the record not been transferred. [1.25] Section 241 (2) omit [1.26] Section 242 (3) substitute (3) A request may be made by the person who gave the return.

Schedule 1 Modifications of Electoral Act as applied in relation to referendums Part 1.4 Modifications of part 16—disputed elections, eligibility and vacancies Mod [1.27] page 22 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.4 Modifications of part 16— disputed elections, eligibility and vacancies [1.27] Section 265 (b) and (c) substitute (b) declare whether a particular vote was cast in favour of, or against, a particular referendum option; or (c) declare whether a referendum ballot paper is informal; or [1.28] Section 266 (1) omit or (b) [1.29] Section 266 (2) substitute (2) The court shall not make a declaration under section 265 (a) on the ground of any illegal practice unless satisfied that— (a) the result of the referendum was, or was likely to have been, affected by the illegal practice; and (b) it is just to make the declaration. [1.30] Section 266 (3) omit (whether the court makes a declaration under section 265 (a) or (b) on that ground or not)

Modifications of Electoral Act as applied in relation to referendums Schedule 1 Modifications of part 16—disputed elections, eligibility and vacancies Part 1.4 Mod [1.31] R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au [1.31] Section 275 substitute 275 Effect of declarations (1) If the court declares a referendum void, another referendum must be held on a Saturday chosen in writing by the Executive. (2) The Executive may only choose a Saturday that is at least 36 days, and not later than 90 days, after the day the choice is made. (3) An instrument under subsection (1) is a notifiable instrument. (4) If a declaration is made by the court under section 265 (b) or (c) that has the effect of altering the result of a referendum, the commissioner must prepare a written notice— (a) setting out the effect of the declaration of the court in relation to— (i) the number of votes in favour of each referendum option; and (ii) the number of votes opposed to each referendum option; and (iii) the total number of informal ballot papers; and (b) declaring the result of the referendum in accordance with the declaration of the court. (5) A notice is a notifiable instrument. (6) A declaration by the court mentioned in subsection (1) or (4) takes effect at the end of the day the declaration is made.

Schedule 1 Modifications of Electoral Act as applied in relation to referendums Part 1.5 Modification of part 17—electoral offences Mod [1.32] page 24 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.5 Modification of part 17—electoral offences [1.32] Section 289 (1) substitute (1) A person shall not discriminate against another person on the ground of the making by the other person of a gift for the purposes of a referendum. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Modifications of Electoral Act as applied in relation to referendums Schedule 1 Modifications of part 19—miscellaneous Part 1.6 Mod [1.33] R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.6 Modifications of part 19— miscellaneous [1.33] Section 335 (a) substitute (a) the expiration of the period within which a referendum can be disputed; or [1.34] Section 341 omit

Dictionary page 26 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: • ACT • Commonwealth • electoral commissioner • the Territory. commissioner means the Electoral Commissioner appointed under the Electoral Act. concurrent referendum means a referendum held on the same day as the polling day for an election. declaration vote, in relation to a referendum, means a vote cast in accordance with the Electoral Act, division 10.3 as applied by this Act. election has the same meaning as in the Electoral Act. election ballot paper means a ballot paper for an election. Electoral Act means the Electoral Act 1992. enabling law means a law that provides for a matter, including a proposed law, to be submitted to a referendum. entrenching law means a law required to be submitted to a referendum under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), section 26 (2). printing, for a referendum ballot paper, includes displaying an electronic referendum ballot paper. referendum means a referendum of electors. referendum ballot paper means a ballot paper for a referendum, and includes an electronic referendum ballot paper.

Dictionary R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au referendum day means the day on which a poll for a referendum is required to be held. referendum law means— (a) an enabling law; or (b) an entrenching law; or (c) a law required by an entrenching law to be submitted to a referendum. referendum option means an option put, or to be put, to voters at a referendum. separate referendum means a referendum held on a day other than the polling day for an election.

Endnotes 1 About the endnotes page 28 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Referendum (Machinery Provisions) Act 1994 A1994-79 notified 23 November 1994 (Gaz 1994 No S247) s 1, s 2 commenced 23 November 1994 (s 2 (1)) remainder (ss 3-20) 16 December 1994 (s 2 (2) and Gaz 1994 No S295) as amended by Electoral (Amendment) Act 1996 A1996-56 s 35 notified 29 November 1996 (Gaz 1996 No S320) s 35 commenced 29 November 1996 (s 2) Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Electoral Amendment Act 2000 (No 2) A2000-76 pt 3 notified 21 December 2000 (Gaz 2000 No S69) s 1, s 2 commenced 21 December 2000 (IA s 10B) pt 3 (ss 25-29) commenced 11 April 2001 (s 2 and Gaz 2001 No 14) Electoral Amendment Act 2001 A2001-36 sch 3 notified 29 June 2001 (Gaz 2001 No S36) sch 3 commenced 29 June 2001 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 325 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 325 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Justice and Community Safety Legislation Amendment Act 2001 A2001-70 sch 1 notified LR 14 September 2001 s 1, s 2 commenced 14 September 2001 (LA s 75) amdts commenced 12 September 2001 (s 2 (3))

Endnotes 3 Legislation history page 30 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Electoral Amendment Act 2004 A2004-26 s 42 notified LR 21 May 2004 s 1, s 2 commenced 21 May 2004 (LA s 79 (1)) s 42 commenced 22 May 2004 (s 2) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.84 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.84 commenced 12 April 2007 (s 2 (1)) Electoral Legislation Amendment Act 2008 A2008-13 sch 3 notified LR 20 May 2008 s 1, s 2 commenced 20 May 2008 (LA s 75 (1)) sch 3 commenced 21 May 2008 (s 2) Electoral Amendment Act 2012 A2012-28 sch 1 pt 1.2 notified LR 18 May 2012 s 1, s 2 commenced 18 May 2012 (LA s 75 (1)) sch 1 pt 1.2 commenced 1 July 2012 (s 2) Officers of the Assembly Legislation Amendment Act 2013 A2013-41 sch 1 pt 1.8 notified LR 7 November 2013 s 1, s 2 commenced 7 November 2013 (LA s 75 (1)) sch 1 pt 1.8 commenced 1 July 2014 (s 2) Electoral Legislation Amendment Act 2020 A2020-28 sch 1 notified LR 8 July 2020 s 1, s 2 commenced 8 July 2020 (LA s 75 (1)) sch 1 commenced 9 July 2020 (s 2 (1)) Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.78, sch 4 pt 4.150 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.78, sch 4 pt 4.150 commenced 26 November 2025 (s 2 (3), (9))

Endnotes Amendment history 4 R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of Act s 1 sub A2007-3 amdt 3.439 Dictionary s 2 om A2001-44 amdt 1.3588 ins A2007-3 amdt 3.441 Notes s 3 defs reloc to dict A2007-3 amdt 3.440 sub A2007-3 amdt 3.441 Terms used in Electoral Act s 3A ins A2007-3 amdt 3.441 Timing of referendums s 7 am A2001-44 amdt 1.3589, amdt 1.3590; A2025-29 amdt 4.151 Closure of rolls s 9 om A2020-28 amdt 1.1 Arrangements for referendums s 10 am A2025-29 amdt 3.256 Ballot papers s 11 am A2000-76 s 27; A2001-44 amdt 1.3591, amdt 1.3592; A2025-29 amdt 4.151 Voting at a referendum s 12 am A2000-76 s 28; A2001-36 amdt 3.1, amdt 3.2; A2025-29 amdt 3.257, amdt 3.258 Scrutiny s 14 am A2000-76 s 29; A2001-44 amdt 1.3593, amdt 1.3594; A2025-29 amdt 3.259, amdt 4.151 Financial disclosure s 15 am A2012-28 amdt 1.2, amdt 1.3; pars renum R6 LA; A2025-29 amdts 3.260-3.262 Disputed referendums s 16 am A2001-44 amdt 1.3595; A2025-29 amdt 3.263 Offences s 17 am A2001-36 amdt 3.3; A2001-70 amdt 1.70, amdt 1.71; A2004-26 s 42 Enforcement s 18 am A2025-29 amdt 3.264

Endnotes 4 Amendment history page 32 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 R9 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Miscellaneous s 19 am A2025-29 amdt 3.265 Approved forms s 20 am A1998-54 sch sub A2001-44 amdt 1.3596 am A2025-29 amdt 4.151 Regulation-making power s 21 ins A2001-44 amdt 1.3596 am A2013-41 amdt 1.40; A2025-29 amdt 4.151 Modifications of part 10—voting sch 1 pt 1.1 am A1998-54 sch Modifications of part 14—election funding, expenditure and financial disclosure sch 1 pt 1.3 hdg sub A2012-28 amdt 1.4 sch 1 pt 1.3 am A1996-56 s 35; A2001-44 amdts 1.3597-1.3600; A2001-70 amdt 1.72, amdt 1.73; mods renum R3 LA; A2008-13 amdt 3.1, amdt 3.2; A2012-28 amdt 1.5, amdt 1.6; A2025-29 amdt 4.151 Modifications of part 16—disputed elections, eligibility and vacancies sch 1 pt 1.4 am A2001-44 amdt 1.3601; A2001-70 amdt 1.73; mods renum R3 LA; A2025-29 amdt 4.151 Modification of part 17—electoral offences sch 1 pt 1.5 am A1998-54 sch; mods renum R3 LA; A2012-28 amdt 1.7 Modifications of part 19—miscellaneous sch 1 pt 1.6 mods renum R3 LA Dictionary dict ins A2007-3 amdt 3.442 def commissioner reloc from s 3 A2007-3 amdt 3.440 def concurrent referendum reloc from s 3 A2007-3 amdt 3.440 def declaration vote reloc from s 3 A2007-3 amdt 3.440 def election reloc from s 3 A2007-3 amdt 3.440 def election ballot paper reloc from s 3 A2007-3 amdt 3.440 def Electoral Act reloc from s 3 A2007-3 amdt 3.440 def enabling law reloc from s 3 A2007-3 amdt 3.440 def entrenching law reloc from s 3 A2007-3 amdt 3.440 def printing ins A2000-76 s 26 reloc from s 3 A2007-3 amdt 3.440 def referendum reloc from s 3 A2007-3 amdt 3.440 def referendum ballot paper am A2000-76 s 26 reloc from s 3 A2007-3 amdt 3.440

Endnotes Earlier republications 5 R9 26/11/25 Referendum (Machinery Provisions) Act 1994 Effective: 26/11/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def referendum day reloc from s 3 A2007-3 amdt 3.440 def referendum law reloc from s 3 A2007-3 amdt 3.440 def referendum option reloc from s 3 A2007-3 amdt 3.440 def separate referendum reloc from s 3 A2007-3 amdt 3.440 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A2001-44 11 September 2001 2 A2001-70 26 September 2001 3 A2004-26 22 May 2004 4 A2007-3 12 April 2007 5 A2008-13 21 May 2008 6 A2012-28 1 July 2012 7 A2013-41 1 July 2014 8 A2020-28 9 July 2020 © Australian Capital Territory 2025

The Act relies on a small set of recurring legal mechanisms to map election law onto referendum practice. Those mechanisms are: direct application, necessary modification, and subject-to-other-law exceptions. These are formalised in s 4 and implemented throughout the Act and in Schedule 1.

Direct application and parity principle. The Act repeatedly provides that Electoral Act provisions apply "so far as the same are applicable, with the necessary changes" (see ss 6, 10, 12(2), 13(2), 14(2), 15(2), 16(2), 17(2), 18(2), 19(2)). The stated statutory objective is to make referendum arrangements, voting, scrutiny and disclosure "as far as practicable" the same as for elections. This creates a legal default: where a given Electoral Act provision can sensibly be read for referendums it will apply with modified terminology and limited express changes.

Express mappings. Section 4(2) provides specific lexical substitutions to guide application: a reference to an election becomes a reference to a referendum; a ballot paper reference becomes a referendum ballot paper; a polling day becomes a referendum day; electoral matter becomes matter intended or likely to affect voting in a referendum; and references to polling places and scrutiny centres are mapped to the appropriate appointment under the Electoral Act as applied. The dictionary also defines core terms such as "referendum", "referendum ballot paper", "referendum law", "concurrent referendum" and "separate referendum" (dict).

Operational choices. The Act leaves several operational choices to officials or to other laws: the commissioner may determine paper colour (s 11(2)), may approve forms (s 20), and transmits directions for special contexts such as Antarctica (s 13). The Executive chooses a Saturday for a separate referendum within constraints (s 7(2)-(3)). Regulations may set printing, scrutineer appointment, scrutiny procedures and prescribe offences (s 21).

Campaign finance and disclosure adapted to the referendum cycle. Section 15 applies parts of the Electoral Act dealing with funding, expenditure and disclosure but resets the timeframes for referendums: disclosure and capped expenditure periods commence 37 days before the expiration of polling day and end 30 days after the polling day (s 15(3)(a)-(b)). Schedule 1 modifies the treatment of anonymous gifts (sch 1 [1.16], substituting s 222) and defines a "participant" in a referendum context to mean a person by whom, or with whose authority, referendum expenditure is incurred (sch 1 [1.17]).

Authorised public statements. Section 8 allows the commissioner, if within 30 days of passage of the referendum law the commissioner receives an authorised pro or con statement (each up to 2,000 words), to cause them to be printed and posted as a pamphlet to electors or households not later than 14 days before referendum day. "Authorised statement" is defined narrowly: a pro statement must be authorised by a majority of MLAs who voted in favour of the referendum law; the con statement is authorised by a majority of MLAs who voted against the referendum law (s 8(2)(a)-(b) and s 8(1)).

Dispute and remedy architecture. Part 16 of the Electoral Act applies so that a referendum’s validity can be disputed in the same ways as an election, subject to modifications in schedule 1 (s 16(2)-(3)). The court may declare whether particular votes were for or against an option, whether ballot papers are informal, or may declare the referendum void (sch 1 [1.27], [1.31]). A void referendum must be re-held on a Saturday chosen by the Executive, at least 36 days and not later than 90 days after the choice (sch 1 [1.31]).

Offences and enforcement. The Act applies Electoral Act offences subject to necessary changes (s 17(2)-(3)); Schedule 1 substitutes specific offences and penalties for certain referendum contexts, for example a new multiple-voting offence (sch 1 [1.1] , maximum 50 penalty units, 6 months imprisonment or both) and a discrimination offence prohibiting discrimination on the ground of making a gift for a referendum (sch 1 [1.32]). Enforcement procedures under Electoral Act Part 18 apply to referendums with modifications (s 18(1)-(3)).

Administrative instruments and consultation. The Executive’s regulation-making power is bounded by requirements to consult the electoral commission and the relevant Assembly committee before making regulations (s 21(4)). Regulations are disallowable instruments and will commence under the standard Legislation Act mechanics unless otherwise provided (s 21(5)).

Record-keeping and returns. Persons incurring referendum expenditure must give returns to the commissioner within 60 days after polling day (sch 1 [1.19], substituting s 224(4)). Records retention and transfer rules are modified to permit normal course business transfers while preserving retention obligations (sch 1 [1.23]).

Taken together, these concepts create a legal scaffolding that reuses electoral processes for referendums while tailoring timeframes, financial-disclosure rules, offence entries and dispute outcomes to the specific practicalities of referendum polling.

Primary administrative actors. The Electoral Commissioner and commission staff are central; the Act explicitly applies Electoral Act sections dealing with commission staffing and officers for referendums (s 6(1)-(2)). The commissioner makes operational determinations about ballot forms, printing options (including electronic ballot papers), colour of ballot paper, approved forms, the receipt and distribution of authorised arguments for and against referendum options, directions to returning officers for contexts such as Antarctica, and the preparation and notification of referendum results (see ss 8, 11, 13, 14(4), 20). The commissioner is a notifiable-instrument authoriser of forms (s 20(3)).

Executive and regulatory decision-makers. The Executive chooses separate referendum Saturdays within statutory constraints (s 7(2) and sch 1 [1.31]) and makes regulations for referendum administration (s 21). The Executive must consult the electoral commission and the relevant Assembly committee prior to making regulations (s 21(4)), which imposes a statutory consultation obligation.

The Legislative Assembly. The Act involves the Assembly in authorising the official statements used in the chief pamphlet: a pro statement must be authorised by a majority of MLAs who voted in favour of the referendum law, and a con statement by a majority of MLAs who voted against the law (s 8(2)). That allocation ties the official pamphlet content to the Assembly’s internal votes on the enabling or entrenching law that triggers the referendum.

Campaign actors and political participants. The Act affects anyone who incurs referendum expenditure or receives gifts for referendum purposes. "Participant" in a referendum is defined for disclosure purposes as a person by whom, or with whose authority, referendum expenditure is incurred (sch 1 [1.17]). Persons who incur referendum expenditure must provide a written return to the commissioner within 60 days after polling day (sch 1 [1.19]). The Act also regulates anonymous gifts: anyone who accepts a gift of $200 or more for referendum purposes must know defined details of the donor or ensure the donor provides them (sch 1 [1.16]); if the recipient accepts an anonymous gift in contravention, the amount is recoverable by the Territory as a debt.

Ordinary electors and households. The Act requires the commissioner to post authorised arguments for and against referendum options in a pamphlet to each elector or to each household, as nearly as practicable, if such authorised statements are received within specified timeframes (s 8(1)(c)-(d)). Voting procedures mirror elections for electors, including declaration votes and ordinary votes; where a referendum is concurrent with an election, voters receive referendum ballot papers at the same time as election papers and use the same ballot boxes as applicable (s 12(4)).

Potential third parties, businesses and non-government organisations. Entities that make gifts or incur expenditure on referendum matters are brought inside disclosure and record-keeping obligations if their activity meets definitions set in sch 1 and s 15. Anonymous-gift restrictions and the definition of participants capture unincorporated associations where gifts are made on behalf of members (sch 1 1.16).

Courts and litigants. The court system hears challenges to the validity of referendums under applied Electoral Act Part 16, with modifications. The Act specifies the forms of declaration a court may make (such as whether particular votes were cast for or against options, or whether ballot papers are informal) and the remedial consequence where a court declares a referendum void (sch 1 [1.27], [1.31]).

Administrative staff and scrutineers. The Act affects returning officers, polling staff and scrutineers because Electoral Act divisions about appointments, procedures and scrutineers apply subject to specified modifications and subject to any referendum law that provides otherwise (s 10(2)-(3)). For concurrent referendums, a scrutineer appointed for an election is taken to be appointed for the referendum as well (s 10(3)(c)(i)).

Who pays. The Act creates direct financial obligations on campaign participants: anonymous-gift breaches require repayment of the gifted amount to the Territory (sch 1 1.16). Penalties for offences can be imposed on individuals and corporations; at the republication date penalty-unit values are noted in the prefatory material ($160 for individuals; $810 for corporations), and schedule substitutions include maximum penalties such as 50 penalty units and 6 months imprisonment for multiple voting (sch 1 [1.1]). The public purse bears the costs of printing and distributing official pamphlets and administering referendums through the commission, subject to the normal appropriation and administrative processes not specially altered by this Act.

Who decides. The Executive decides the timing for separate referendums (s 7(2)). The commissioner administers ballot-paper forms, approved forms, printing and distribution, counts and notices (ss 11, 20, 14(4)). The Legislative Assembly determines, by majority votes of those who voted for or against the referendum law, the authorised statements that may go into the official pamphlet (s 8). Courts decide election disputes and may declare referendums void or alter results as per applied Electoral Act Part 16 (s 16 and sch 1).

Commissioner duties and powers. The commissioner must cause authorised statements for and against a referendum option to be printed and posted in a pamphlet by a specified deadline where such statements are received within 30 days of the passage of the referendum law (s 8(1)). The commissioner prepares directions for returning officers (s 13(3)) and is responsible for counting and preparing notices that set out vote totals and declare results (s 14(4)-(5)). The commissioner can approve forms for the purposes of the Act and such approved forms must be used (s 20(1)-(2)). The commissioner may determine the colour of ballot paper and facilitate electronic ballot papers (s 11(2), (5)). These duties embed administrative responsibility for the referendum into the commissioner’s office.

Executive duties and discretions. The Executive must pick a Saturday for a separate referendum if the referendum law provides for a referendum day other than the ordinary election polling day, but the Executive’s choice must avoid the pre-election period and certain federal election days unless arrangements are made with the Commonwealth (s 7(2)). The Executive may make regulations for the Act, but it must consult the electoral commission and the relevant Assembly committee before making regulations (s 21(1), (4)).

Legislative Assembly role. The Assembly’s internal majorities determine which statements can be submitted as the authorised pro and con statements for the official pamphlet: pro by a majority of MLAs who voted in favour of the referendum law, con by a majority of MLAs who voted against the law (s 8(2)). The Assembly also receives notifiable instruments such as certain instruments under ss 7(3) and 14(5) and the commissioner’s approved forms under s 20(3).

Duties on campaign participants and donors. Persons who incur referendum expenditure are required to give a written return specifying details of the referendum expenditure to the commissioner before the expiration of 60 days after polling day (sch 1 [1.19]). The Act substitutes a specific anonymous-gifts rule: a person must not accept a gift made for the purposes of a referendum that equals or exceeds $200 unless defined details of the gift are known to the recipient, or the donor provides those details and the recipient has no grounds for believing the provided information untrue. Multiple gifts from the same person within the period are aggregated and treated as a single gift (sch 1 1.16, (4)). Where someone receives a gift in contravention, the same amount is payable to the Territory and recoverable as a debt (sch 1 1.16). These provisions create record-keeping and verification duties on recipients of large gifts.

Voting duties and rights. Electors must record votes on a referendum ballot paper by marking it in accordance with lawful directions on the ballot paper; an officer must not issue a referendum ballot paper unless the particulars required under s 11 are on the paper (s 12(3)(b)-(c)). The Act applies procedures for ordinary and declaration votes and binds referendum processes to the same standards as election voting so far as applicable (s 12(3)-(4)). Multiple voting is expressly prohibited with a specific offence: "An elector shall not vote more than once at the same referendum" with a maximum penalty of 50 penalty units and/or 6 months’ imprisonment (sch 1 [1.1], substituting s 130).

Dispute rights and remedies. The Act ensures that the validity of a referendum may be disputed in the same way as an election under Electoral Act Part 16 as applied (s 16(1)-(3)). The court can make declarations that a particular vote was cast in favour of or against an option, that a ballot paper is informal, or declare a referendum void; the Act prescribes the consequence of a voiding declaration (sch 1 [1.27], [1.31]). The Act also provides that a referendum is not invalidated merely because the commissioner may not have strictly complied with the requirement to distribute authorised statements (s 16(4)).

Enforcement rights and mechanisms. Enforcement proceedings under Electoral Act Part 18 apply to referendums as they do to elections (s 18(1)-(2)), with specified substitutions that adapt the references appropriately (s 18(3)). The regulations may also create offences with penalties of up to 10 penalty units (s 21(3)). The Act includes specific penalties within its schedule revisions (for example the multiple-vote penalty in sch 1 [1.1] and the discrimination offence in sch 1 [1.32]).

Administrative rights. The commissioner is empowered to approve forms and those approved forms must be used for the stated purposes (s 20). Approved forms are notifiable instruments (s 20(3)), giving an administrative transparency route. The Executive’s regulations, once made, are subject to the Legislation Act processes (s 21(5)) and may be disallowed by the Legislative Assembly, safeguarding parliamentary oversight.

Record-keeping rights. Where records are transferred in the normal course of business, the recipient is obliged to retain the records for the same statutory retention period that would have applied to the original holder (sch 1 [1.23]). This protects the availability of material for disclosure, compliance and enforcement.

Collectively, these duties and rights allocate responsibilities across the commissioner, the Executive, the Legislative Assembly, campaign participants and the courts, and create specific administrative and disclosure obligations for referendum participants and donors.

Statutory penalty framework. The Act imports enforcement procedures and many offences from the Electoral Act and adapts them for referendums (s 17(2) and s 18(2)). Penalty-unit values are noted in the republication header: at the republication date the value of a penalty unit is $160 for an individual and $810 for a corporation (prefatory material). The regulations under the Act may prescribe offences with a maximum penalty of up to 10 penalty units (s 21(3)).

Specific offences substituted or added for referendums in Schedule 1. Schedule 1 contains multiple modifications to the Electoral Act as applied to referendums. Notable substitutions and additions include:

Multiple voting: a new s 130 is substituted to provide that "An elector shall not vote more than once at the same referendum," with a maximum penalty of 50 penalty units, imprisonment for 6 months, or both (sch 1 [1.1]). This creates a criminal sanction specifically framed for referendums.
Anonymous gifts and recovery: substituted s 222 limits acceptance of anonymous gifts of $200 or more for referendum purposes unless the recipient knows defined donor details or the donor provides them and the recipient has no grounds to disbelieve them. Two or more gifts by the same person are treated as a single gift; a breach makes an amount equal to the gift payable to the Territory and recoverable as a debt (sch 1 [1.16]).
Discrimination relating to gifts: sch 1 [1.32] substitutes s 289(1) to make it an offence to discriminate against another person on the ground that the person made a gift for referendum purposes, with a maximum penalty of 50 penalty units, imprisonment for 6 months, or both.

Criminal and civil enforcement channels. The Act makes clear that enforcement proceedings under Electoral Act Part 18 are to be applied to referendum contraventions "so far as the same is applicable, with the necessary changes" (s 18(1)-(2)). Part 18 of the Electoral Act (as applied) provides mechanisms to pursue contraventions through enforcement proceedings. The Act also converts some compliance failures into debts payable to the Territory (for example the anonymous-gift repayment rule in sch 1 1.16), creating a civil recovery pathway in addition to potential criminal penalties.

Administrative remedies and notice requirements. The commissioner must prepare a notice setting out count numbers and declaring referendum results as soon as practicable after counting (s 14(4)-(5)); that notice is a notifiable instrument (s 14(5)). Where a court declaration alters results, the commissioner must prepare a written notice stating the effect of that declaration and declaring the result in accordance with the court's declaration, which is also a notifiable instrument (sch 1 1.31-(5)). These notifiable instruments provide transparency and establish the official public record of counts and declarative outcomes.

Dispute remedies and re-run. If a court declares a referendum void, the Act instructs the Executive to hold another referendum on a Saturday chosen in writing by the Executive, but only on a Saturday at least 36 days and not later than 90 days after the day of choice (sch 1 1.31-(2)). A declaration by the court that alters the result takes effect at the end of the day when it is made (sch 1 1.31).

Enforcement discretion and scope. The Act adapts references in enforcement provisions to map "candidate" to the relevant person for referendum purposes ascertained under referendum law or the regulations (s 18(3)). This aligns enforcement standing and targeting with the different actor set in referendums compared to candidate-centred elections.

Limitations and statutory protections. Section 16(4) provides that a referendum is not invalidated merely because the commissioner may not have strictly complied with the duty under s 8 to circulate authorised statements. That provision limits the grounds on which courts or complainants can challenge a referendum’s validity based on an administrative failure to distribute the official pamphlet.

Regulatory offences. Regulations may prescribe offences with a maximum penalty of 10 penalty units (s 21(3)). The Act requires consultation with the electoral commission and relevant Assembly committee before the Executive makes regulations (s 21(4)), giving those bodies an institutional check before the Executive creates new regulatory offences.

In summary, enforcement under the Act is a combination of criminal offences carried over or adapted from the Electoral Act (with some referendum-specific offences), civil recovery (notably for anonymous-gift breaches), administrative notifiable-instrument notices by the commissioner, and judicial remedies through applied dispute provisions. The Act allocates enforcement roles among the commissioner, the Executive (for regulations), and courts, and ties certain penalties directly to the Territory as a creditor for recoveries.

Primary relationship with the Electoral Act 1992. The Act’s fundamental mechanism is to apply the Electoral Act to referendums with necessary changes (s 4(1)-(2)). That means the detailed voting procedures, scrutiny rules, funding and disclosure regimes, offences, enforcement provisions and miscellaneous electoral rules contained in the Electoral Act are, unless specifically modified by this Act, read into referendum law. The Act provides specific textual substitutions to make the Electoral Act’s language fit the referendum context (s 4(2)). Schedule 1 contains numerous targeted modifications of Electoral Act parts when applied to referendums (sch 1, parts 1.1-1.6).

Interaction with enabling, entrenching and referendum laws. The Act sits below substantive "referendum laws" that create the matters to be put to a referendum. The dictionary defines "referendum law" to include an "enabling law", an "entrenching law", or a law required by an entrenching law to be submitted to a referendum (dict). The Act expressly provides that a referendum for the purposes of a referendum law shall be held in accordance with this Act, except to the extent that the referendum law provides otherwise (s 5(1)-(2)). That creates a hierarchy: this machinery Act supplies defaults and processes, but a specific referendum law may vary arrangements.

Commonwealth interactions. The Act recognises Commonwealth election scheduling and allows the Executive to avoid scheduling conflicts: a separate referendum day chosen by the Executive must not be a day falling during certain election periods or a day reserved for federal Senate or House of Representatives elections or a Commonwealth referendum unless the Minister arranges with the appropriate Commonwealth Minister for the poll to be held that day (s 7(2)(b) and following). This codifies a requirement to coordinate with Commonwealth electoral authorities where necessary.

Legislation Act and subordinate instruments. The Act creates notifiable instruments (for example certain instruments under s 7(3) and notices under s 14(5)), approved forms by the commissioner are notifiable instruments (s 20(3)), and regulations made under s 21 are subject to the Legislation Act disallowance and commencement processes (s 21(5)). The Executive’s power to make regulations is expressly subject to the constraint that regulations be "not inconsistent with a referendum law" (s 21(2)) and that the Executive consult the electoral commission and relevant Assembly committee (s 21(4)). The prefatory material notes the Legislation Act’s penalty unit values used at the republication date.

Financial and recovery interaction with Territory law. The anonymous-gift provision in Schedule 1 makes an amount equal to a prohibited gift payable to the Territory and recoverable as a debt (sch 1 1.16). Recovery as a debt suggests interaction with general Territory debt-recovery and public finance law mechanisms; the Act itself does not specify collection mechanisms beyond making the amount payable and recoverable as a debt due to the Territory.

Criminal-law interaction. The Act creates or retains offences that carry imprisonment (for example, multiple voting and discrimination offences in sch 1). Those offences sit within the Territory’s criminal law enforcement regime and interact with policing and criminal-procedure legislation. The Act does not itself set procedural criminal rules but depends on the ordinary criminal-procedure framework to give effect to imprisonment penalties.

Court jurisdiction and electoral dispute law. The Act imports the Electoral Act’s Part 16 dispute regime for elections to apply to referendums (s 16(2)), with modifications in Schedule 1. That brings referendum disputes within the specialized electoral litigation framework rather than into general judicial review or administrative channels. The Act also clarifies that some administrative failures (for instance non-strict compliance with s 8) do not by themselves invalidate a referendum (s 16(4)).

Records, business transfers and privacy. Schedule 1 modifies record-transfer rules in s 239 to permit ordinary-course business transfers without contravening record retention requirements; the transferee must retain records for the required period (sch 1 [1.23]). This modification interacts with corporate and privacy regimes for record-keeping and disclosure and signals accommodation of standard business processes when electoral disclosure records change hands.

Interaction summary. The Act operates as a bridge: it imports the Electoral Act’s structure, procedures and enforcement into the referendum context while permitting specific adaptations and providing the Executive, commissioner and Assembly with particular decision-making authorities. It also establishes coordination points with Commonwealth election law, general Territory financial recovery law, the Legislation Act disallowance and commencement regimes, criminal enforcement systems, and normal business record-keeping practices.

The republished Act includes its own amendment history in the endnotes. The Act was originally notified on 23 November 1994 and most substantive sections commenced on 16 December 1994 (Legislation history). Since then, the Act has been amended multiple times. The endnotes in the republication document itemise both the legislative history (which Acts amended this Act and their commencement dates) and the amendment history (which provisions were renumbered, substituted, omitted or inserted and by which amending Acts).

Key amendments listed in the endnotes include:

Electoral (Amendment) Act 1996 A1996-56 s 35 (notified 29 November 1996).
Statute Law Revision (Penalties) Act 1998 A1998-54 sch (1998).
Electoral Amendment Acts and consequential amendment Acts in 2000, 2001, 2004, 2007, 2008, 2012, 2013, 2020 and 2025, with detailed parts and schedules affecting various sections (legislation history endnote 3 identifies each amending instrument and the dates when particular parts took effect).

Most recently, the Statute Law Amendment Act 2025 A2025-29 made amendments: parts of sch 3 and sch 4 were commenced on 26 November 2025, and the Act’s republished form is effective on 26 November 2025 (endnotes and amendment history). The amendment history enumerates numerous targeted amendments across multiple sections: timing of referendums (s 7), arrangements for referendums (s 10), ballot papers (s 11), voting at a referendum (s 12), scrutiny (s 14), financial disclosure (s 15), disputed referendums (s 16), enforcement (s 18), miscellaneous provisions (s 19), approved forms (s 20), and the regulation-making power (s 21). Schedule 1 modifications were similarly amended over time, with parts renumbered and certain provisions added, omitted or substituted.

The amendment history also shows editorial and renumbering activity authorised by the Legislation Act 2001 (Part 11.3), which the Parliamentary Counsel’s Office may undertake when preparing republications. The republished law includes amendments made under that power as well.

The endnotes provide detail on which specific subsection or schedule item was altered by a particular amending Act. For example:

Electoral Amendment Act 2000 (No 2) A2000-76 made multiple amendments that took effect in 2000 and 2001.
Electoral Legislation Amendment Act 2008 A2008-13, Electoral Amendment Act 2012 A2012-28, and Electoral Legislation Amendment Act 2020 A2020-28 each made further changes to how Electoral Act provisions are applied to referendums through this Act.

Because the republished text includes the amendment history and legislative-history endnotes, a researcher can trace which amendments made the present substitutions in Schedule 1 (such as the anonymous-gift rule and multiple-vote offence) to particular amending Acts referenced in the endnotes.

The Act’s amendment history also records the movement of definitions and textual reorganisations intended to keep the Act aligned with drafting practice , for example relocation of definitions into the Act’s dictionary and insertion of s 3A (Terms used in Electoral Act). Those editorial changes are recorded alongside substantive amendments.

Practitioners and researchers should use the endnotes’ detailed references to identify the precise amending instruments that effected particular changes if contemporaneous legislative debates, explanatory memoranda or ministerial statements are needed for interpretation or contextual analysis. The republished endnotes give the statutory chain and commencement timing needed to track changes across the Act’s life.

The republished Act itself and its endnotes do not cite or list any court decisions interpreting the Referendum (Machinery Provisions) Act 1994. The text of the Act, the schedule modifications and the endnotes contain no references to cases, judicial interpretations or reported litigation. Section 16 adapts the Electoral Act’s Part 16 dispute regime to referendums, which provides a statutory pathway for judicial resolution of contested referendums, but the republication contains no recorded instances of that dispute regime having been applied to any particular referendum in the Territory.

Because the published source (this republication) contains no case law annotations and no named decisions, practitioners seeking litigation history must search court databases, law reports and associated case-tracking services for electoral litigation in the ACT that invokes the Referendum (Machinery Provisions) Act or the Electoral Act Part 16 as applied by this Act. The Act’s endnotes give the statutory references and the versions in force on key dates (including the A2025-29 amendments), which a litigator will need to align when researching whether any disputes were adjudicated under earlier or later versions of the provisions.

In short, this republished law does not itself record litigation outcomes or judicial commentary. The Act creates and channels dispute resolution through the Electoral Act’s mechanisms (s 16), but any litigation history must be located outside the republished statute text in court records and legal reporting services.

Defaults versus referendum-specific law. This Act supplies default machinery by applying the Electoral Act "as far as the same are applicable, with the necessary changes" (s 4(1)). However, a specific referendum law can displace these defaults. Practitioners must not assume every electoral rule applies to a particular referendum; they must check the enabling or entrenching referendum law for express provisions that override this Act (s 5(2)). This means legal advice or compliance work must start by comparing the referendum law with this machinery Act and the Electoral Act to identify variations.
Timing traps for authorised statements. Section 8 requires the commissioner to receive authorised pro or con statements within 30 days of passage of the referendum law, and then to distribute the pamphlet "not later than 14 days before the relevant referendum day" (s 8(1)). An authorised statement is narrowly defined as authorised by a majority of MLAs who voted for or against the law (s 8(2)). If those majorities are not properly recorded or the statements are not received within 30 days, there may be no official pamphlet distribution, and s 16(4) expressly says non-strict compliance with s 8 does not itself invalidate a referendum , which limits litigation options based on distribution failures. Practitioners should flag the narrow authorisation mechanism and strict timelines to clients seeking official pamphlet placement.
Anonymous-gift threshold low and treated as aggregate. Schedule 1 substitutes s 222 to require defined details for gifts of $200 or more for referendum purposes (sch 1 1.16). Two or more gifts by the same person are aggregated and treated as a single gift (sch 1 1.16). The $200 de minimis is relatively low. Recipients who accept borderline or repeated small gifts must track donor details across time to avoid aggregation putting them over the threshold. The remedy for contravention is severe in nature: an amount equal to the gift is payable to the Territory and recoverable as a debt (sch 1 1.16). That is a strict financial exposure that campaign managers must actively manage.
Multiple-voting criminal offence. The Act substitutes a direct criminal offence for multiple voting with a significant maximum penalty (50 penalty units and/or 6 months imprisonment) (sch 1 [1.1]). Operations managers and returning officers will need processes to prevent and detect multiple voting. The presence of imprisonment means prosecutions will engage criminal procedure and evidentiary standards, increasing the stakes of enforcement.
Timing of disclosure and capped-expenditure periods differ from elections. Section 15 resets disclosure and capped-expenditure periods to commence 37 days before the expiration of polling day and end 30 days after polling day (s 15(3)(a)-(b)). That timeframe differs from many election regimes and may have practical consequences for campaign planning and record-keeping. Practitioners should note the disclosure window is tied to the referendum polling day and not to other campaign milestones.
Concurrent referendum logistics. In a concurrent referendum, referendum ballot papers may be issued at the same time as election ballot papers and placed in the same ballot boxes; there are also special rules on declaration votes and envelopes for declaration voters (s 12(4)(a)-(g)). That can create operational complexity if an elector spoils an election ballot and is issued a replacement election ballot but not a replacement referendum ballot (s 12(4)(c)). Polling staff must be trained to handle cross-effects between election and referendum ballot issuance.
Record transfer normal-course carve-out. Schedule 1 modifies record-transfer requirements so that transfers "in the normal course of business" are not a contravention but the transferee must retain records for the requisite period (sch 1 [1.23]). Even though this facilitates business continuity, parties transferring records must ensure retention for the full statutory period to comply with disclosure rules.
Regulation power subject to consultation but not parliamentary veto pre-making. The Executive must consult the electoral commission and relevant Assembly committee before making regulations (s 21(4)). However regulations remain disallowable instruments and commence according to Legislation Act rules (s 21(5)). Consultations are procedural protections but do not prevent an Executive from ultimately making regulations the Assembly later disallows. Interested parties should engage early in the consultation process.
Commissioner’s discretion on electronic ballot papers and paper colour. The commissioner may determine ballot-paper colour and permit electronic ballot papers (s 11(2), (5)). Parties should not assume only paper ballots will be used. The decision may affect accessibility, vote security perceptions and logistics.
Non-invalidation clause limits litigation grounds. Section 16(4) states a referendum is not invalidated merely because the commissioner may not have strictly complied with s 8. That limits litigation remedies for certain administrative failures and signals court reluctance to void referendums for procedural irregularities of that type. Litigants must therefore marshal stronger grounds in any challenge (for example, proof of illegal practice affecting results as required in sch 1 modifications to Part 16, [1.29]).

These practical points require attention in planning, compliance, campaign finance, polling operations and litigation strategies. They identify concrete statutory mechanisms that create particular risks and obligations that practitioners must manage.

Identify applicable legal instruments first. For any particular referendum, start by assembling three documents: the enabling or entrenching referendum law; the current text of the Referendum (Machinery Provisions) Act 1994 as republished and amended (including Schedule 1 modifications); and relevant provisions of the Electoral Act 1992 as those parts are applied by this Act. Section 5 makes the Act applicable "except to the extent that a referendum law provides otherwise" (s 5(2)), so the first compliance step is to reconcile the specific referendum law with the machinery defaults.

Commissioner and administrative compliance. The commissioner’s administrative obligations include approving forms (s 20), determining ballot forms and colours, arranging printing (s 11), receiving authorised statements (s 8), preparing directions for returning officers (s 13(3)), counting and publishing results (s 14(4)-(5)). Compliance for the commission staff requires documented internal processes to:

log and time-stamp receipt of any authorised statements within the 30-day window (s 8(1));
arrange pamphlet production and distribution so that distribution is completed no later than 14 days before referendum day (s 8(1));
ensure ballot papers bear the official mark and contain required particulars of s 11 before issuance (s 11(1)(d) and s 12(3)(c));
track approved form use and publish approved forms as notifiable instruments (s 20(1)-(3));
prepare and publish the official notice of results as a notifiable instrument as soon as practicable after the count (s 14(4)-(5)).

Campaign finance and participant compliance. Persons incurring referendum expenditure must prepare to comply with disclosure and return obligations:

Identify whether activity constitutes referendum expenditure and whether the person is a "participant" under the referendum definition (sch 1 [1.17]). If so, prepare the financial return required to the commissioner within 60 days after polling day (sch 1 [1.19]).
Maintain records for the statutory retention period and ensure that, where transferring records in the ordinary course of business, the recipient is contractually obliged to retain them for the same period (sch 1 [1.23]).
Implement donor verification processes to ensure that gifts of $200 or more are accompanied by the defined details, and aggregate multiple gifts from the same donor to identify if the $200 threshold is exceeded (sch 1 1.16, (4)). Where a recipient receives an anonymous gift in contravention, they will be required to repay an amount equal to the gift to the Territory (sch 1 1.16); hence proactive donor identification is essential.

Operational poll compliance. Polling-place staff and returning officers must:

Use the same procedures for voting as for elections so far as applicable and follow any modifications in schedule 1 (s 12(2)-(3), sch 1 part 1.1);
Ensure referendum ballot papers contain the particulars required in s 11 and bear the official mark before issuance (s 11(1), s 12(3)(c));
For concurrent referendums, issue referendum ballot papers at the same time as election ballot papers and manage the joint use of ballot boxes and envelopes for declaration votes (s 12(4)(a)-(f));
Implement processes preventing multiple votes at the same referendum, train staff to detect and report suspected multiple voting, and preserve evidence for potential prosecution, given the substituted s 130 offence with significant penalties (sch 1 [1.1]).

Scrutiny and result notification. The commissioner and scrutineers must follow the adapted Electoral Act scrutiny rules (s 14(2)-(3) and sch 1 part 1.2). The commissioner must arrange counting of all unrejected referendum ballot papers to tabulate votes for and against each option and informal ballot counts, then prepare a notice declaring the result (s 14(4)-(5)).

Regulation engagement and legislative compliance. If affected parties want to influence regulations under s 21, they should engage during the statutory consultation with the electoral commission and the relevant Assembly committee (s 21(4)) before regulations are made. After regulations are made, monitor presentation to the Legislative Assembly and any disallowance process pursuant to the Legislation Act (s 21(5)).

Litigation preparedness. Parties contemplating dispute must be aware that Part 16 of the Electoral Act applies (s 16(2)) and that courts will require satisfaction of thresholds for declarations based on illegal practice, including proof that the result was or was likely to have been affected and that it is just to make the declaration (sch 1 [1.29] substitutes s 266(2)). Because s 16(4) limits invalidation claims based on non-strict compliance with s 8, litigants must focus on stronger grounds such as illegal practices materially affecting results.

Recordkeeping checklist. To comply with disclosure and enforcement requirements:

Retain all expenditure records, donor details, invoices and correspondence that support returns to the commissioner for at least the statutory retention period;
Document the authority under which any expenditure was incurred to establish participant status;
Track gifts and their provenance to determine whether the defined details have been obtained; and
Ensure any transferred records include a contract or written obligation requiring the transferee to retain records for the full retention period (sch 1 [1.23]).

Criminal-law exposure. Where potential criminal offences are implicated (multiple voting, discrimination on the ground of making a gift, other Electoral Act offences as applied), obtain early criminal-law advice and preserve evidence in a manner consistent with criminal-procedure and evidentiary rules.

In essence, compliance requires coordinated action across campaign finance, polling administration, record-keeping, donor verification, staff training and regulatory engagement, all timed to the specific referendum timetable set by the referendum law and the machinery Act’s disclosure windows.

Referendum (Machinery Provisions) Act 1994

Plain English Summary

Deep Dive

What it does

Current sections

Referendum (Machinery Provisions) Act 1994

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply