Referendums Act 1983 (Western Australia)

This Act sets out the procedural framework by which questions are submitted to Western Australian electors as referendums, and prescribes the powers, duties and processes for the Governor, the Electoral Commissioner, returning officers and other officials in conducting those referendums. Mechanically, it does the following.

Authorises the Governor to cause a writ for a referendum to be issued where a referendum is required or authorised (including when an Order in Council fixes a day for a referendum as to a Bill), and requires publication of the writ (s 4(1)-(2); s 6(2)(a)).
Makes the Electoral Commissioner the operational addressee of the writ and gives the Commissioner duties to advertise receipt, publish particulars, prepare rolls and make arrangements for taking votes (s 6(1)-(2); s 7; s 13).
Applies, with modifications, many provisions of the Electoral Act 1907 to referendums, and provides rules for how those applied provisions are to be read in the referendum context (s 3; s 18).
Prescribes the form and content of the referendum question (for Bills, a Yes/No question in the form specified at s 15(1)), the permitted manner of marking (s 16), the ballot paper arrangements (s 17), and rules for determining whether a ballot paper is informal or to be admitted in spite of non‑standard markings (s 24).
Regulates the conduct of the count, the role of scrutineers, appointment and duties of assistant returning officers, re‑counts, the indorsement and publication of a statement of results and the return of the writ (Pt IV; s 22-30).
Provides a mechanism for parliamentary referral of disputes to the Supreme Court and specifies that the Court has powers akin to the Court of Disputed Returns to hear challenges (s 33-36).

CrestWestern Australia

Referendums Act 1983

Western Australia

Referendums Act 1983

Contents

Part I — Preliminary

Short title 2
Terms used 2
Construction of applied provisions 3

Part II — The writ for a referendum

Issue of writ 5
Form of writ 5
Address of writ and action on receipt 6
Arrangements for taking votes 6
Additional action in case of referendum as to Bill 7
Arguments in relation to referendum question 7

Part III — Voting at a referendum

Voting on same day 10
Rolls to be used for referendums 10
Voting entitlement 11
Question to be submitted to electors 11
Voting to be by ballot 11
Ballot papers 12
Particular provisions of Electoral Act 1907 apply to referendums 13
Simultaneous poll for referendum and election 13
Scrutineers at polling 16

Part IV — Ascertainment of result of referendum

Terms used 17
Scrutiny and count of votes 17
Scrutineers at count 18
Informal ballot papers 19
Appointment of assistant returning officers and counting places to expedite count 20
Procedure for assistant returning officers 20
Procedure for returning officers 21
Appointment of assistant returning officers to count postal, absent votes etc. 23
Re-count 24

Part V — Return of writ and statement of result of referendum

Return of writ and publication of statement 25
Validity of referendum 26
Retention, production and destruction of papers 26

Part VI — Disputed returns

Reference to Supreme Court 28
Question 28
Powers of Supreme Court 28
Representation 28
Procedure 29
Notification of determination 29
Immaterial errors not to vitiate referendum 29

Part VII — Referendum offences

Provisions of Electoral Act as to offences to apply 30
Supply of refreshments or entertainment 30
Bribery 30
Receipt of bribe by elector 31
Undue influence 31
Purposely rendering person unable to vote or incapable of voting 32
Misleading advertisements etc. 32
Misconduct at public meeting 33
Advertisements relating to referendums 33

Part VIII — Miscellaneous

Regulations 35
Temporary assistance 35
Disqualification of officers 35

Notes

Compilation table 36

Defined terms

Western Australia

Referendums Act 1983

An Act relating to the submission of questions to the electors of the State.

Part I — Preliminary

1. Short title

This Act may be cited as the Referendums Act 1983.

2. Terms used

(1) In this Act, unless the contrary intention appears —

authorised manner in relation to the marking of a vote on a ballot paper used for a referendum means a manner of marking —

(a) prescribed in section 16(2); or

(b) prescribed in the Act by which the referendum is authorised or required; or

as the case may require;

district means an electoral district for the election of a member of the Legislative Assembly;

election means an election of members of the Legislative Assembly or of the Legislative Council under the Electoral Act 1907 other than an election under sections 156C and 156D of that Act;

Electoral Commissioner means the Electoral Commissioner appointed under the Electoral Act 1907;

electors means the electors qualified to vote for the election of members of the Legislative Assembly according to the provisions of the Electoral Act 1907;

officer means an officer appointed under this Act or whose appointment has effect for the purposes of this Act;

official paper has the meaning given in the Electoral Act 1907 section 94A(2);

place to vote means a polling place or mobile voting place declared by written notice under the Electoral Act 1907 section 90 as applied by section 18(a);

referendum means the submission of a question to the electors pursuant to an Act but does not include any election under the Electoral Act 1907;

referendum as to a Bill means a referendum on the question for the approval or otherwise of a Bill for an Act that has been passed by both Houses of Parliament;

returning officer means the returning officer for a district appointed for the purposes of the Electoral Act 1907 and includes a person exercising or discharging the powers, functions and duties of the returning officer.

(2) A reference in this Act to the holding of a referendum on the same day as an election is a reference to the votes of the electors for the purposes of a referendum being taken on the day on which the polling at an election is conducted.

[Section 2 amended: No. 40 of 1987 s. 98 and 103; No. 79 of 1987 s. 80; No. 43 of 1996 s. 30; No. 36 of 2000 s. 25(2); No. 30 of 2023 s. 190.]

3. Construction of applied provisions

(1) Where pursuant to this Act any provision of the Electoral Act 1907 applies to or in relation to a referendum or to or in relation to any act, matter or thing pertaining to a referendum or done or to be done pursuant to this Act —

(a) the provision shall so apply mutatis mutandis subject to such modifications, additions or deletions, if any, as are prescribed by this Act or by regulations made under this Act; and

(b) any regulation, order or other statutory instrument made under or for the purposes of that provision shall so apply in like manner.

(2) In the application of any provision, regulation, order or statutory instrument as referred to in subsection (1) —

(a) a reference to a polling day shall be read as a reference to the day fixed for the taking of the votes of the electors for the purposes of a referendum;

(b) a reference to a poll shall be read as a reference to the taking of the votes of the electors for the purposes of a referendum;

(i) where a referendum is held on the same day as an election, as a reference to the time of the close of nominations for the election;

(ii) in any other case, as a reference to 6 p.m. on the day that is 7 days after the day on which the writ for a referendum is issued;

(d) a reference to electoral matter or to electoral papers shall be read as a reference to corresponding matter or papers in relation to a referendum.

(3) Notwithstanding any provision or regulation referred to in subsection (1) a ballot paper used for the purposes of a referendum shall not be rejected as informal except for a reason specified in this Act or regulations made under this Act.

[Section 3 amended: No. 79 of 1987 s. 80.]

Part II — The writ for a referendum

4. Issue of writ

(1) Whenever —

(a) an Order in Council is made under the Constitution Act 1889 fixing the day for the taking of the votes of the electors for the purposes of a referendum as to a Bill; or

(b) a referendum is otherwise authorised or required by any Act,

the Governor may cause a writ to be issued for the referendum.

(2) When any writ is issued under subsection (1) notice of that fact shall be published by the Electoral Commissioner in the Government Gazette.

[(3) deleted]

(4) The writ shall be deemed to have been issued at 6 o’clock in the afternoon of the day on which it was issued.

[Section 4 amended: No. 79 of 1987 s. 80; No. 36 of 2000 s. 25(3)-(5).]

5. Form of writ

(1) Subject to subsections (2) and (3) the writ for a referendum shall be in the prescribed form and shall fix —

(a) the day for the taking of the votes of the electors; and

(b) the day for the return of the writ.

(2) The day fixed pursuant to subsection (1)(a) shall be a Saturday other than Easter Saturday or the Saturday immediately preceding or succeeding Easter Saturday.

(3) Subsection (1)(a) does not apply to the writ where the day for the taking of the votes of the electors is fixed by or under the Act by which the referendum is authorised or required.

6. Address of writ and action on receipt

(1) The writ for a referendum shall be addressed to the Electoral Commissioner.

(2) On the receipt of the writ the Electoral Commissioner shall —

(a) indorse on the writ the date of receipt by him; and

(b) advertise the receipt and particulars of the writ —

(i) in the Gazette; and

(ii) in a newspaper circulating in the State, or by placards or otherwise;

and

[Section 6 amended: No. 40 of 1987 s. 103.]

7. Arrangements for taking votes

For the purposes of a referendum —

(a) the Electoral Commissioner shall, as soon as practicable after the receipt of the writ advertise the places at which the votes of the electors will be taken in a newspaper circulating in the State, or by placards or otherwise, and shall make all arrangements that are necessary to be made by him for taking the votes of the electors;

(b) each returning officer shall make all arrangements that are necessary to be made by him for taking the votes of the electors in his district.

[Section 7 amended: No. 40 of 1987 s. 103.]

8. Additional action in case of referendum as to Bill

In the case of a referendum as to a Bill —

(a) the Governor may cause a copy of the Bill, or a copy of a statement setting out —

(i) the text of the Bill;

(ii) the text of the particular provisions (if any) of any Act proposed to be textually altered by the Bill, and the textual alterations proposed to be made therein,

to be attached to the writ;

(b) the Electoral Commissioner shall cause a summary of the provisions of the Bill to be published in the Gazette when he advertises the receipt and particulars of the writ under section 6(2)(b)(i);

(c) the Electoral Commissioner shall attach a copy of the Bill, or of the statement (if any) attached to the writ, to each copy of the writ that he forwards to a returning officer under section 6(2)(c).

[Section 8 amended: No. 40 of 1987 s. 103; No. 36 of 2000 s. 25(6).]

9. Arguments in relation to referendum question

(1) In the case of a referendum as to a Bill if within 4 weeks after the passage of the Bill through both Houses of Parliament there is forwarded to the Electoral Commissioner —

(a) an argument in favour of the Bill, complying with such conditions or requirements as may be prescribed, and authorised by a majority of those members of both Houses with whose concurrence the Bill was passed who desire to forward such an argument; or

(b) an argument against the Bill, complying with such conditions or requirements as may be prescribed, and authorised by a majority of those members of both Houses who voted against the Bill and desire to forward such an argument,

the Electoral Commissioner shall cause the argument to be printed and distributed to electors or otherwise cause the argument to be brought to the notice of electors.

(2) Where arguments are forwarded under each of paragraphs (a) and (b) of subsection (1) the Electoral Commissioner shall cause the same action to be taken under subsection (1) in respect of each argument.

(3) In the case of a referendum other than a referendum as to a Bill, if before the expiration of the period ending 7 days after the day of the issue of the writ there is forwarded to the Electoral Commissioner an argument in favour of the marking of ballot papers used for the referendum in a particular authorised manner complying with such conditions and requirements as may be prescribed and authorised by members of Parliament the Electoral Commissioner shall, subject to subsection (4), cause the argument to be printed and distributed to electors or otherwise cause the argument to be brought to the notice of electors.

(4) Where 2 or more arguments are received in accordance with subsection (3) in relation to the same authorised manner of marking ballot papers the Electoral Commissioner shall cause action to be taken under subsection (3) in respect of the argument that was authorised by the greater or greatest number of members or, where 2 or more such arguments were authorised by an equal number of members (which number was greater than the number of members by whom any other such argument was authorised), in respect of such one of those arguments as is decided by the Electoral Commissioner by the drawing of lots.

(5) In the case of a referendum other than a referendum as to a Bill the Electoral Commissioner may, in respect of each authorised manner in which votes may be marked on a ballot paper used for the referendum in relation to which no argument has been received in accordance with subsection (3), invite a body, corporate or unincorporate, to forward to him an argument in favour of the marking of ballot papers in that authorised manner and, if before the expiration of 21 days after the day of the issue of the writ a body to which an invitation has been so issued forwards to the Electoral Commissioner an argument complying with such conditions or requirements as may be prescribed or as may be specified in the invitation, the Electoral Commissioner shall cause the argument to be printed and distributed to electors or otherwise cause the argument to be brought to the notice of electors.

(6) Subject to subsection (4), where arguments are forwarded under subsection (4) or (5) in respect of more than one authorised manner of marking votes the Electoral Commissioner shall cause the same action to be taken in respect of each argument.

[Section 9 amended: No. 40 of 1987 s. 103.]

Part III — Voting at a referendum

10. Voting on same day

The voting at a referendum shall, subject to this Part, be taken throughout the State on the day fixed for the taking of the votes of the electors —

(a) by or under the Act by which the referendum is authorised or required; or

(b) by the writ,

as the case may be.

[11, 12. Deleted: No. 30 of 2023 s. 191.]

13. Rolls to be used for referendums

(1) The Electoral Commissioner must cause a roll to be prepared for the referendum.

(2) A separate roll must be prepared under subsection (1) for each district.

(3) Subject to subsection (2), the Electoral Act 1907 Part IV Division 1A applies to the preparation of a roll under subsection (1), with all necessary modifications, including the following —

(a) a reference to an election is taken to be a reference to the referendum;

(b) a reference to the close of the roll for an election is taken to be a reference to the last day on which a person may be enrolled under the Electoral Act 1907 to vote at the referendum;

(c) a reference to a person who may vote in an election is taken to be a reference to a person who may vote at the referendum;

(d) a reference to polling day is taken to be a reference to the day on which the referendum is held.

[Section 13 inserted: No. 30 of 2023 s. 192.]

14. Voting entitlement

(1) At a referendum only those electors who would be entitled to vote if the referendum were an election shall be admitted to vote.

(2) Each elector shall vote only once at a referendum.

(3) Nothing in this section entitles a person to vote if he is disqualified from voting.

15. Question to be submitted to electors

(1) Subject to subsection (2), in the case of a referendum as to a Bill the question to be submitted to the electors shall be —

“ Do you approve of the Bill entitled (the title of the Bill)? ”

(2) References in the title of the Bill to the amendment of Acts or other written laws may be omitted from the question if the title also describes the subject‑matter of the Bill in another manner.

(3) In the case of a referendum other than a referendum as to a Bill the question to be submitted to the electors shall be the question prescribed in the Act by which the referendum is authorised or required.

(4) No question shall be submitted to the electors on the same day as a referendum except by way of another referendum or an election.

16. Voting to be by ballot

(1) The voting at a referendum shall be by ballot.

(2) In the case of a referendum as to a Bill each elector shall mark his vote on the ballot paper —

(a) if he approves of the Bill — by placing the word “Yes” in the space provided on the ballot paper; or

(b) if he does not approve of the Bill — by placing the word “No” in the space provided on the ballot paper.

(3) In the case of a referendum other than a referendum as to a Bill each elector shall mark his vote on the ballot paper in the manner prescribed in the Act by which the referendum is authorised or required that gives effect to his intention or, if the manners of marking votes are not so prescribed, in the manner directed on the ballot paper that gives effect to his intention.

17. Ballot papers

(1) The ballot papers to be used at a referendum shall be in accordance with the prescribed form or forms.

(2) Different forms of ballot paper may be prescribed —

(a) for voting of different kinds; and

(b) for different referendums or referendums of different kinds.

(3) Where 2 or more referendums are held on the same day, it shall not be necessary for the forms of ballot paper for each referendum to be on separate pieces of paper, but 2 or more forms of ballot paper which may be used by any one elector may be on one piece of paper in accordance with a prescribed form, in which case it shall not be necessary for the signature or initials of the presiding officer to appear more than once on the piece of paper, and any ground of informality that relates only to a particular ballot paper and vote shall not affect the validity of any other ballot paper or vote.

(4) The returning officer for each district must provide ballot papers to be used at the referendum to each place in the district at which the votes of electors at a referendum are being taken.

[Section 17 amended: No. 30 of 2023 s. 193.]

18. Particular provisions of Electoral Act 1907 apply to referendums

The following provisions of the Electoral Act 1907 apply to and in relation to a referendum as if the referendum were an election —

(a) Part IV Division 3 Subdivisions 1 and 2;

(b) sections 92, 92A, 92B, 92C, 92D, 92E, 92I, 92J, 93, 93A and 93B;

(d) section 156;

(e) another provision of the Electoral Act 1907 necessary to give to effect to a referendum that is prescribed by the regulations;

(f) any other provision of the Electoral Act 1907 necessary to give effect to a provision mentioned in paragraphs (a) to (e).

[Section 18 inserted: No. 30 of 2023 s. 194.]

19. Simultaneous poll for referendum and election

Where a referendum is held or to be held on the same day as an election —

(a) an application for permission to vote as an absent voter or provisional voter under the Electoral Act 1907 Part IV Division 3A Subdivision 3 or to vote by postal voting under Part IV Division 3A Subdivision 6 of that Act shall be deemed to include a corresponding application in respect of the referendum and any reference in the application to the election shall be deemed to include a reference to the referendum; and

(aa) if a person is a postal voter for the election under the Electoral Act 1907 section 100D, the Electoral Commissioner must send the postal voter the ballot paper for the referendum when the Electoral Commissioner sends the documents required for the election under section 100D of that Act; and

(b) a declaration that enables an elector to vote under any provision of the Electoral Act 1907 at the election enables him to vote under that provision at the referendum and any reference in the declaration to the election shall be deemed to include a reference to the referendum; and

(c) subject to paragraph (d) a determination of entitlement to vote at the election determines the entitlement to vote at the referendum; and

(ca) if an issuing officer within the meaning of the Electoral Act 1907 visits an elector to take a vote for the election and the elector makes an application under section 102B(4) of that Act, the issuing officer must give the elector the ballot paper for the referendum when the Electoral Commissioner gives the documents required under section 102C(1) of that Act; and

(d) the answers to the questions asked under the Electoral Act 1907 section 96C may be accepted as sufficient to enable the person to vote at the referendum if the claim to vote at the election is not rejected; and

(da) if the officer considers it necessary, the officer may, in addition to the questions asked under the Electoral Act 1907 section 96C, ask the person the following question —

Have you already voted here or elsewhere at this referendum? (or these referendums? as the case requires).

(db) if the person does not answer the question or admits they have already voted at the referendum or referendums, must refuse to allow the person to vote; and

(dc) if the person’s claim to vote at the referendum is not rejected, the officer must give the elector the ballot paper for the referendum when the officer gives the ballot paper for the election under the Electoral Act 1907 section 98A(1)(a); and

(e) the same ballot boxes and polling booths may be used for the purposes of the referendum but in that case the ballot papers for the referendum shall be of a different colour to the colour of the ballot papers for the election; and

(f) a ballot paper used at the referendum shall, if it is required to be placed in an envelope by a voter, be placed in the same envelope as the ballot paper used at the election; and

(g) the copies of the rolls supplied to the returning officer and delivered to presiding officers for the purposes of the election pursuant to the Electoral Act 1907 section 76AA must be used for the purposes of the referendum; and

(h) appointments made under any provision of the Electoral Act 1907 for the purposes of the election shall have effect under that provision for the purposes of the referendum.

Note for this section:

For the purposes of paragraph (a), a person can apply under the Electoral Act 1907 section 61 to be a general postal voter who votes by postal voting in every election and referendum.

[Section 19 amended: No. 79 of 1987 s. 80; No. 36 of 2000 s. 49(2); No. 30 of 2023 s. 195.]

20. Scrutineers at polling

(1) A group of members of Parliament or body with whose authority or by which an argument has been forwarded to the Electoral Commissioner under section 9(1) or (3) may appoint one scrutineer to represent them or it at each place to vote while the votes of electors are being taken.

(2) The appointment of a scrutineer under subsection (1) shall be made by written notice to the returning officer or presiding officer, signed on behalf of the group of members of Parliament or body, giving the name and address of the scrutineer, or without such notice by permission of the returning officer or presiding officer.

(3) Before a scrutineer appointed under subsection (1) acts as a scrutineer, the scrutineer must make a declaration in the presence of the returning officer for the district in which the place to vote is located, or presiding officer for the place to vote, in the approved form.

[Section 20 amended: No. 40 of 1987 s. 99; No. 30 of 2023 s. 196.]

Part IV — Ascertainment of result of referendum

21. Terms used

In this Part —

officer conducting the count means the Electoral Commissioner or a returning officer or assistant returning officer, as the case may be;

poll means the taking of the votes of the electors for the purposes of a referendum.

22. Scrutiny and count of votes

(1) The result of a referendum shall be ascertained by scrutiny and count of the votes in accordance with this Act.

(2) The following provisions apply to the scrutiny and count of votes —

(a) the scrutineers (if any) and officers may be present but no other person;

[(aa) deleted]

(b) where the count is not commenced immediately after the close of the poll the scrutineers (if any) shall be informed in writing by the officer conducting the count as regards the time and place when and where the count will be commenced and conducted by him;

(d) all informal votes shall be marked “informal” and rejected and the number recorded;

(e) the count may, from time to time, be adjourned as the officer conducting the count may deem necessary, until it has been duly completed;

(f) each adjournment shall be announced to the scrutineers (if any) and officers by the officer conducting the count and the time and place for the continuation of the count shall be in a similar manner made known to them;

(g) before each adjournment all ballot papers and other documents connected with the count shall be placed in one or more ballot boxes, and then —

(i) the officer conducting the count shall in the presence of the scrutineers (if any) and officers, seal the ballot box or boxes with his official seal (if any) or with his private seal; and

(ii) any scrutineer who so desires shall be permitted by the officer conducting the count to place his special seal on the ballot box or boxes; and

(iii) the cleft of each ballot box shall be closed and sealed unless the ballot box is provided with an outer cover without a cleft;

(h) before recommencing the count after an adjournment the seals mentioned in paragraph (g) shall be exhibited unbroken to the scrutineers (if any) and officers.

(3) Where a referendum is held on the same day as an election any information given or announcement made in relation to the election pursuant to a provision of the Electoral Act 1907 corresponding to subsection (2)(b) or (f) shall have effect in relation to the referendum.

[Section 22 amended: No. 79 of 1987 s. 80; No. 30 of 2023 s. 197.]

23. Scrutineers at count

(1) A group of members of Parliament or body with whose authority or by which an argument has been forwarded to the Electoral Commissioner under section 9(1) or (3) may appoint one scrutineer to represent them or it at the scrutiny and count of votes at any counting place.

(2) The appointment of a scrutineer under subsection (1) shall be made by written notice to the officer conducting the count, signed on behalf of the group of members of Parliament or body, giving the name and address of the scrutineer.

(3) If a scrutineer appointed under subsection (1) objects to a ballot paper as informal the officer conducting the count shall mark the ballot paper “admitted” or “rejected” according to his decision to admit or reject the ballot paper, and initial such marking, but nothing in this subsection prevents the officer from rejecting any ballot paper as being informal although it is not objected to.

[Section 23 amended: No. 40 of 1987 s. 100.]

24. Informal ballot papers

(1) A ballot paper shall be informal if —

(a) it is not initialled by the presiding officer, or, in the case of a postal ballot paper, not initialled by the issuing officer, but where a ballot paper is not initialled by the presiding officer or the issuing officer, if it is printed on official paper the fact that it is not so initialled shall not of itself render the ballot paper informal; or

(b) the elector has failed to mark his vote on it in an authorised manner.

(2) Notwithstanding anything in this Act or any other Act or any directions on a ballot paper where a ballot paper clearly indicates the elector’s intention and is not informal under subsection (1)(a) that ballot paper —

(a) shall not be informal by reason of the elector having marked his vote on it otherwise than in an authorised manner; and

(b) shall be deemed for the purposes of this Part, and of the Act by which the referendum is authorised or required, to have on it a vote marked in the authorised manner that gives effect to the elector’s intention.

(3) The decision of the officer conducting the count to admit a ballot paper or to reject a ballot paper shall, subject to section 29, be final and subject only to reversal by the Supreme Court under Part VI.

[Section 24 amended: No. 43 of 1996 s. 31.]

25. Appointment of assistant returning officers and counting places to expedite count

(1) Section 141 of the Electoral Act 1907 shall apply in relation to a referendum as if it were an election in a district.

(2) Where a referendum is held on the same day as an election, appointments of assistant returning officers and counting places under the Electoral Act 1907 shall have effect for the purposes of the referendum.

[Section 25 amended: No. 25 of 1987 s. 101 and 103; No. 79 of 1987 s. 80.]

26. Procedure for assistant returning officers

(1) As soon as practicable after the close of the poll each assistant returning officer shall —

(a) open all ballot boxes received at his counting place and count all the votes on the ballot papers, rejecting all informal ballot papers, and ascertain the number of votes marked, respectively, in each of the authorised manners; and

(b) enclose —

(i) in one packet, all the used ballot papers in his possession; and

(ii) in another packet, all the unused ballot papers in his possession; and

(iii) in another packet, all copies of rolls, books, communications from officers, or other papers or documents used or received at or in connection with the referendum, that are in his possession;

and

(c) seal up those packets, indorse each with a description of its contents and with the name of the counting place and the date of the poll, sign the indorsement, and forward the packets to the returning officer for the district together with a statement certifying —

(i) the number of votes marked, respectively, in each of the authorised manners; and

(ii) the number of ballot papers rejected as informal.

(2) The packet mentioned in subsection (1)(b)(i) shall be sealed before the scrutineers (if any) present and any scrutineer who desires to do so shall be permitted by the assistant returning officer to affix his seal on the packet.

(3) The statement prepared under subsection (1)(c) shall be verified by the signature of the assistant returning officer and also by the signatures of such of the scrutineers (if any) as are present and consent to sign it.

(4) Where a referendum is held on the same day as an election subsection (1)(b)(iii) does not apply to papers or documents that apply to both the referendum and the election.

[Section 26 amended: No. 40 of 1987 s. 103.]

27. Procedure for returning officers

(1) As soon as practicable after the close of the poll the returning officer for each district shall —

(a) open all ballot boxes received from polling places within the district that have not been opened by an assistant returning officer and count all the votes on the ballot papers, rejecting all informal ballot papers, and ascertain the number of votes marked, respectively, in each of the authorised manners; and

(b) enclose —

(i) in one packet, all the used ballot papers in his possession; and

(ii) in another packet, all the unused ballot papers in his possession; and

(iii) in another packet all copies of rolls, books, communications from officers, or other papers or documents used or received at or in connection with the referendum, that are in his possession,

other than those that have been forwarded to him under section 26(1)(c); and

(c) seal up those packets, indorse each with a description of its contents and with the name of the district and the date of the poll, and sign the indorsement; and

(d) prepare a statement certifying —

(i) the number of votes marked, respectively, in each of the authorised manners; and

(ii) the number of ballot papers rejected as informal;

and

(e) enclose —

(i) in one packet, all the packets made up under section 26(1)(b)(i) and forwarded to him under section 26(1)(c), the statements forwarded to him with those packets, the packet made up by him under paragraph (b)(i) and the statement prepared by him under paragraph (d); and

(ii) in another packet, all the packets made up under section 26(1)(b)(ii) and forwarded to him under section 26(1)(c) and the packet made up by him under paragraph (b)(ii); and

(iii) in another packet, all the packets made up under section 26(1)(b)(iii) and forwarded to him under section 26(1)(c) and the packet made up by him under paragraph (b)(iii);

and

(f) seal up those packets, indorse each with a description of its contents and with the name of the district and the date of the poll, sign the indorsement, and forward the packets to the Electoral Commissioner.

(2) The packets mentioned in subsection (1)(b)(i) and (e)(i), respectively, shall be sealed before the scrutineers (if any) present and any scrutineer who desires to do so shall be permitted by the returning officer to affix his seal on any such packet.

(3) The statement prepared under subsection (1)(d) shall be verified by the signature of the returning officer and also by the signatures of such of the scrutineers (if any) as are present and consent to sign it.

(4) Where a referendum is held on the same day as an election subsection (1)(b)(iii) and (e)(iii) do not apply to papers or documents that relate to both the referendum and the election.

[Section 27 amended: No. 40 of 1987 s. 103.]

28. Appointment of assistant returning officers to count postal, absent votes etc.

(1) Section 142A(1) of the Electoral Act 1907 shall apply in relation to referendum as if it were an election.

(2) Where a referendum is held on the same day as an election appointments of assistant returning officers under section 142A of the Electoral Act 1907 for the purposes of the election shall have effect for the purposes of the referendum.

[Section 28 amended: No. 79 of 1987 s. 80.]

29. Re-count

(1) At any time before indorsing the writ for a referendum pursuant to section 30 the Electoral Commissioner may, if he thinks fit (and shall if so directed by the Governor), direct a re-count of any ballot papers.

(2) The officer conducting a re-count shall have the same powers as if the re-count were the scrutiny, and may reverse any decision in relation to the scrutiny as to the allowance or admission or disallowance or rejection of any ballot paper.

[Section 29 amended: No. 40 of 1987 s. 103.]

Part V — Return of writ and statement of result of referendum

30. Return of writ and publication of statement

(1) After the Electoral Commissioner has received from each of the returning officers the statement referred to in section 27(1)(d) and the postal ballot papers and the ballot papers for absent voting and provisional voting under the Electoral Act 1907 Part IV Division 3A Subdivision 3 (as applied to the referendum by section 18) have been counted, the Electoral Commissioner shall indorse on the original writ a statement showing as regards each district and as regards the whole State —

(a) the number of votes marked, respectively, in each of the authorised manners; and

(b) the number of ballot papers rejected as informal,

and shall sign the statement and in the case of a referendum as to a Bill, transmit the writ to the Governor.

(2) The day on which the writ was indorsed under subsection (1) shall be deemed to be the day of the return thereof.

(3) The Electoral Commissioner shall cause a copy of the statement indorsed on the writ under subsection (1) to be published in the Gazette, and the statement so published shall, subject to this Act, be conclusive evidence of the result of the referendum.

(4) Where the Electoral Commissioner is satisfied that the votes —

(a) on any ballot papers issued at a mobile voting place as defined in the Electoral Act 1907 section 4(1) that is a place to vote in connection with the referendum, which have not been received by the Electoral Commissioner; and

(b) on postal ballot papers and the ballot papers for absent voting and provisional voting under the Electoral Act 1907 Part IV Division 3A Subdivision 3 (as applied to the referendum by section 18), which have not been received by the Electoral Commissioner,

cannot, having regard to the number of those ballot papers, possibly affect the result of the referendum the Electoral Commissioner may indorse a statement on the writ under subsection (1) (including in that statement the number of those ballot papers), return the writ under subsection (1), and publish a copy of the statement under subsection (3), without awaiting the receipt of those ballot papers.

[Section 30 amended: No. 40 of 1987 s. 103; No. 79 of 1987 s. 80; No. 36 of 2000 s. 49(3), 54(3) and (4); No. 8 of 2009 s. 109; No. 30 of 2023 s. 198.]

31. Validity of referendum

Sections 148 and 149 of the Electoral Act 1907 shall apply in relation to a referendum as if it were an election.

32. Retention, production and destruction of papers

(1) Any member of Parliament may give notice to any returning officer requiring production of the rolls used by him and any assistant returning officers at a referendum, and if the notice is so given after the day of the referendum and before the day when the referendum can no longer be questioned those rolls shall be produced to that member as soon as is practicable.

(2) Such books, documents, ballot papers and other papers used for or in connection with a referendum as may be required by the Supreme Court under Part VI shall, upon an order of the Court, be produced by the Electoral Commissioner but shall not be available for any other purpose.

(3) All books, documents, ballot papers and other papers used for or in connection with a referendum may, when the referendum can be no longer questioned, be destroyed by the Electoral Commissioner or with his approval, by any returning officer or Registrar.

(4) Sections 153 and 155 of the Electoral Act 1907 shall apply in relation to a referendum as if it were an election.

[Section 32 amended: No. 40 of 1987 s. 103.]

Part VI — Disputed returns

33. Reference to Supreme Court

(1) Any question respecting the validity of a referendum, or of any return or statement showing the voting on any referendum, may be referred by resolution of the Legislative Council or of the Legislative Assembly, within 14 sitting days of the House making the reference after the publication in the Gazette of the copy of the statement signed by the Electoral Commissioner under section 30(1), to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the question.

(2) For the purposes of subsection (1), sitting days shall be counted, whether or not they occur during the same session or during the same Parliament.

[Section 33 amended: No. 40 of 1987 s. 103.]

34. Question

Where any question is referred to the Supreme Court under this Part, the President of the Legislative Council or the Speaker of the Legislative Assembly (as the case may be) shall transmit to the Principal Registrar of the Court a statement of the question upon which the determination of the Court is desired.

35. Powers of Supreme Court

The Supreme Court, in relation to a reference under this Part, shall sit in open court, and shall have the powers conferred by the Electoral Act 1907 on the Court of Disputed Returns, so far as they are applicable.

36. Representation

The Electoral Commissioner shall be entitled, and the Supreme Court may allow any other person, to be represented and heard upon the hearing of the reference.

[Section 36 amended: No. 40 of 1987 s. 103.]

37. Procedure

The procedure in relation to a reference under this Part shall be as prescribed by Rules of Court or in default of Rules of Court by the Supreme Court or a judge thereof.

38. Notification of determination

After the hearing and determination of a reference under this Part the Principal Registrar of the Supreme Court shall forthwith forward a copy of the determination of the Court to the Clerk of the House of Parliament by which the reference was made.

39. Immaterial errors not to vitiate referendum

(1) No referendum and no return or statement showing the voting on any referendum shall be avoided on account of any delay in relation to the taking of the votes of the electors or in relation to the making of any statement or return or on account of the absence or error of or omission by any officer which did not affect the result of the referendum.

(2) Where any elector was, on account of the absence or error or omission by any officer, prevented from voting at a referendum, the Supreme Court shall not, for the purpose of determining whether the absence or error of or omission by the officer did or did not affect the result of the referendum, admit any evidence of the way in which the elector intended to vote.

Part VII — Referendum offences

40. Provisions of Electoral Act as to offences to apply

(1) The Electoral Act 1907 sections 179(1) and (3), 180, 190 (other than the item in the Table commencing with the word “Distributing”), 191, 192, 192A, 196, 197, 198, 201, 205 and 206 apply to and in relation to a referendum as if it were an election.

(2) The provisions of this Part shall be construed as being in addition to such of the provisions of the Electoral Act 1907 as are applicable to a referendum.

[Section 40 amended: No. 30 of 2023 s. 199.]

41. Supply of refreshments or entertainment

A person who, after the issue of a writ for a referendum and before the votes have been taken in pursuance thereof, supplies to an elector any food, drink, entertainment or transport with a view to influence his vote in connection with the referendum shall be guilty of an offence and shall be liable to a penalty not exceeding $400 or imprisonment for one year.

42. Bribery

A person who gives, confers, or procures, or promises, or offers to give or confer, or to procure or attempt to procure, any money, property or benefit of any kind, to, upon, or for an elector or any other person —

(a) in order to influence the elector in his vote in connection with a referendum or to induce him to mark his vote in a particular manner; or

(b) in order to induce the elector to refrain from voting at a referendum; or

shall be guilty of an offence, and shall be liable to a penalty not exceeding $400 or imprisonment for one year.

43. Receipt of bribe by elector

An elector who asks for, receives, or obtains, or agrees or attempts to receive or obtain any money, property, or benefit of any kind for himself or any other person upon the understanding that his vote in connection with a referendum shall be influenced thereby, or shall be marked in a particular manner, or that he will refrain from voting at a referendum, or, in the case of a referendum as to a Bill, that he will support or oppose the Bill, shall be guilty of an offence, and shall be liable to a penalty not exceeding $400 or imprisonment for one year.

44. Undue influence

A person who —

(a) threatens, offers, or suggests any violence, injury, punishment, damage, loss, or disadvantage to an elector or any other person —

(i) in order to influence the elector in his vote in connection with a referendum or to induce him to mark his vote in a particular manner; or

(ii) in order to induce the elector to refrain from voting at a referendum; or

(iii) in the case of a referendum as to a Bill, in order to induce the elector to support or oppose the Bill;

(b) uses, causes, inflicts, or procures any violence, injury, punishment, damage, loss or disadvantage towards, to, or upon any elector or any other person, for or on account of any such vote, refraining from voting, support, or opposition,

shall be guilty of an offence, and shall be liable to a penalty not exceeding $400 or imprisonment for one year.

45. Purposely rendering person unable to vote or incapable of voting

(1) A person who does any act or engages in any course of conduct intending that as a result thereof another person —

(a) will be rendered; or

(b) will be encouraged or assisted to render himself,

unable to vote or mentally incapable of voting at a referendum shall be guilty of an offence.

Penalty: $200.

(2) Subject to proof of the other elements of the offence, a person is guilty of an offence under subsection (1) notwithstanding that —

(a) the other person was not rendered or did not render himself unable or incapable as mentioned therein; or

(b) the other person did vote.

[Section 45 amended: No. 50 of 2003 s. 89(2).]

46. Misleading advertisements etc.

(1) Every person who —

(a) prints, publishes, or distributes an advertisement or document containing a representation of a ballot paper, or a representation apparently intended to represent a ballot paper, and having thereon any directions intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of his vote at a referendum; or

(b) prints, publishes, or distributes an advertisement or document containing an untrue or incorrect statement intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of his vote at a referendum,

shall be guilty of an offence, and shall be liable to a penalty not exceeding $200.

(2) This section shall not prevent the printing, publishing, or distributing of an advertisement or document (not otherwise illegal) which contains instructions how to vote in any particular manner in connection with a referendum, if those instructions are not intended or likely to mislead any elector in or in relation to the casting of his vote.

47. Misconduct at public meeting

(1) A person who, at a public meeting to which this section applies, acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is held shall be guilty of an offence, and shall be liable to a penalty not exceeding $10.

(2) This section applies to any lawful public meeting held in relation to a referendum between the date of the issue of the writ for the referendum and the date of the return of the writ.

48. Advertisements relating to referendums

(1) In this section referendum notice means notice, advertisement, handbill or pamphlet in relation to a referendum and intended or calculated to affect the result of the referendum.

(2) A person who publishes a referendum notice without the name and address of the person authorising it being shown at the end of it shall be guilty of an offence.

Penalty: $200.

(3) A person who prints or publishes a printed referendum notice (other than an advertisement in a newspaper) without the name and place of business of the printer being printed at the end of it shall be guilty of an offence.

Penalty: $200.

(4) A person who distributes a referendum notice published in contravention of subsection (2) or (3) shall be guilty of an offence and shall be liable to a penalty not exceeding $100.

[Section 48 amended: No. 50 of 2003 s. 89(3).]

Part VIII — Miscellaneous

49. Regulations

(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act.

(2) Where the time allowed to do an act in connection with a referendum is insufficient, and an alteration or extension of such time and any alteration of dates consequent thereon is expedient, the regulations may declare that such alteration shall be made, and thereupon the same shall be made and take effect accordingly.

50. Temporary assistance

(1) The Electoral Commissioner may appoint such temporary assistants as he may consider requisite for the purposes of a referendum.

(2) Part 3 of the Public Sector Management Act 1994 shall not apply to temporary assistants appointed under this section.

[Section 50 amended: No. 40 of 1987 s. 102; No. 32 of 1994 s. 3(2).]

51. Disqualification of officers

Section 16 of the Electoral Act 1907 shall apply to and in relation to appointments made for the purposes of a referendum.

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Notes

This is a compilation of the Referendums Act 1983 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Referendums Act 1983	83 of 1983	22 Dec 1983	22 Dec 1983
Acts Amendment (Electoral Reform) Act 1987 Pt. VI	40 of 1987	12 Jul 1987	30 Oct 1987 (see s. 2 and Gazette 30 Oct 1987 p. 3977)
Electoral (Procedures) Amendment Act 1987 s. 80	79 of 1987	1 Dec 1987	16 Feb 1988 (see s. 2 and Gazette 16 Feb 1988 p. 477)
Acts Amendment (Public Sector Management) Act 1994 s. 3(2)	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Electoral Legislation Amendment Act 1996 Pt. 5	43 of 1996	16 Oct 1996	9 Nov 1996 (see s. 2(2) and Gazette 8 Nov 1996 p. 6265)
*Reprint of the Referendums Act 1983* as at 21 Jan 2000** (includes amendments listed above)
Electoral Amendment Act 2000 s. 25, 49 and 54	36 of 2000	10 Oct 2000	s. 25 and 54: 21 Oct 2000 (see s. 2 and Gazette 20 Oct 2000 p. 5899); s. 49: 11 Nov 2000 (see s. 2 and Gazette 10 Nov 2000 p. 6193)
Sentencing Legislation Amendment and Repeal Act 2003 s. 89	50 of 2003	9 Jul 2003	15May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 109	8 of 2009	21 May 2009	22 May 2009 (see s. 2(b))
*Reprint 2: The Referendums Act 1983* as at 15 Aug 2014** (includes amendments listed above)
Electoral Amendment (Finance and Other Matters) Act 2023 Pt. 5	30 of 2023	11 Dec 2023	1 Jul 2024 (see s. 2(c))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

authorised manner 2(1)

district 2(1)

election 2(1)

Electoral Commissioner 2(1)

electors 2(1)

officer 2(1)

officer conducting the count 21

official paper 2(1)

place to vote 2(1)

poll 21

referendum 2(1)

referendum as to a Bill 2(1)

referendum notice 48(1)

returning officer 2(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Referendums Act 1983

Western Australia

Referendums Act 1983

Contents

Part I — Preliminary

Short title 2
Terms used 2
Construction of applied provisions 3

Part II — The writ for a referendum

Issue of writ 5
Form of writ 5
Address of writ and action on receipt 6
Arrangements for taking votes 6
Additional action in case of referendum as to Bill 7
Arguments in relation to referendum question 7

Part III — Voting at a referendum

Voting on same day 10
Rolls to be used for referendums 10
Voting entitlement 11
Question to be submitted to electors 11
Voting to be by ballot 11
Ballot papers 12
Particular provisions of Electoral Act 1907 apply to referendums 13
Simultaneous poll for referendum and election 13
Scrutineers at polling 16

Part IV — Ascertainment of result of referendum

Terms used 17
Scrutiny and count of votes 17
Scrutineers at count 18
Informal ballot papers 19
Appointment of assistant returning officers and counting places to expedite count 20
Procedure for assistant returning officers 20
Procedure for returning officers 21
Appointment of assistant returning officers to count postal, absent votes etc. 23
Re-count 24

Part V — Return of writ and statement of result of referendum

Return of writ and publication of statement 25

The Act organises referendum administration around a small set of defined concepts and cross‑applied electoral machinery. Key concepts are defined in s 2 and given operational effect throughout the Act.

Referendum and referendum as to a Bill: “referendum” is the submission of a question to the electors pursuant to an Act (s 2(1)). A “referendum as to a Bill” is a referendum on the approval or otherwise of a Bill that has passed both Houses (s 2(1)). The distinction matters for the form of the question (s 15), ballot marking (s 16(2)), dissemination of Bill text or summaries (s 8), and the specific offences and authorisation rules that apply (Pt VII; s 9).
Writ: The writ for a referendum is the formal instrument addressed to the Electoral Commissioner by the Governor enabling the conduct of the poll (s 4(1); s 6(1)). The writ fixes the day for taking votes and the day for the return of the writ, subject to restrictions on the day chosen (s 5).
Electoral Commissioner and returning officer: The Electoral Commissioner (as appointed under the Electoral Act 1907, s 2(1) definition) is the central administrative officer who receives the writ, advertises it, prepares rolls, and oversees counters and returns (s 6(1)-(2); s 7; Pt IV). Returning officers are district officers under the Electoral Act 1907 and perform local arrangements and counts (s 2(1); s 7(b); s 27).
Application of Electoral Act 1907: The Act is primarily procedural by reference: where provisions of the Electoral Act apply, they do so mutatis mutandis, with such modifications as this Act or its regulations prescribe (s 3(1)). Section 18 lists particular provisions of the Electoral Act that apply specifically to referendums and grants regulation power to prescribe others (s 18(a)-(f)).
Rolls and eligibility: The Act requires the Electoral Commissioner to prepare rolls (s 13), and narrows voting entitlement to those who would be entitled to vote if the referendum were an election (s 14(1)). Each elector may vote once (s 14(2)). The roll preparation is subject to Part IV Division 1A of the Electoral Act, applied with necessary modifications (s 13(3)).
Ballot form and marking: Ballots must be in prescribed form(s) (s 17). For Bills the Act prescribes the words “Yes” or “No” to be placed in the spaces provided (s 16(2)); for other referendums the manner is either prescribed by the enabling Act or the ballot paper itself (s 16(3)).
Informality and the elector’s intention: The Act limits grounds for rejecting ballot papers: a ballot paper is informal only for the reasons specified in this Act or regulations (s 3(3)). Section 24(2) provides that where a ballot clearly indicates the elector’s intention, the ballot must not be treated as informal solely because marking was not in an authorised manner, and it shall be deemed to have been marked in the authorised manner that gives effect to that intention.
Scrutiny, counting and returns: The counting procedure is governed by Part IV (s 21-29). The Act provides for scrutineers appointed by groups or bodies associated with distributed arguments (s 20; s 23), packetisation and sealing of ballot papers and documents (s 26-27), and the Electoral Commissioner’s indorsement of the writ with a statewide statement of votes (s 30).
Disputed returns: Legislative referral to the Supreme Court is the designated route to challenge validity, with a 14 sitting day time limit for referral (s 33). The Court has the powers of the Court of Disputed Returns under the Electoral Act (s 35) and procedure is by Rules of Court (s 37).

These concepts create the legal texture of referendums in WA: a centralised writ‑driven process, operational reliance on Electoral Act mechanics, a prescribed form of voter choice for Bills, and an emphasis on administrative sealing, packetisation and judicial review via the Supreme Court. Several provisions embed discretionary choices (for example, the Electoral Commissioner’s discretion to publish and distribute arguments s 9, to direct re‑counts s 29, and to indorse a writ before receiving certain outstanding postal or mobile votes if they cannot affect the result s 30(4)), which concentrate operational authority in the Commissioner subject to the statutory constraints in the Act.

This Act assigns roles and responsibilities across public office holders, parliamentarians, entities authorised to publish referendum arguments, printers and the electorate. The statutory distribution of rights, duties and liabilities determines who bears costs, who exercises discretion and who can be sanctioned.

The Governor: The Governor decides when a writ for a referendum may be issued (s 4(1)). For referendums as to a Bill, the Governor may also attach a copy of the Bill or a textual statement to the writ (s 8(a)). The Governor may direct a re‑count through the Electoral Commissioner (s 29(1)).
Electoral Commissioner: The Commissioner is the operational centre. The writ is addressed to the Electoral Commissioner (s 6(1)). Upon receipt the Commissioner must indorse the date of receipt, advertise particulars, forward copies of the writ to returning officers and prepare rolls (s 6(2); s 7; s 13). The Commissioner is authorised to publish and distribute authorised arguments (s 9), to appoint temporary assistants (s 50), to indorse the writ with the statement of results and publish it in the Gazette (s 30), and in some circumstances to return the writ before receipt of certain unreturned ballot papers if they cannot affect the result (s 30(4)).
Returning officers and assistant returning officers: Returning officers make local arrangements (s 7(b)), supply ballot papers to places to vote (s 17(4)), conduct counts and packet and seal ballot papers and documentation for return to the Electoral Commissioner (s 26-27). Assistant returning officers may be appointed to expedite counts and to handle postal/absent votes (s 25-28).
Electors: The Act defines who can vote (s 14), limits voting to once (s 14(2)) and prescribes how votes on ballots are to be expressed (s 16). Electors are subject to offences provisions,for example, bribery, undue influence, and restrictions on misleading advertisements,and may be disqualified under the Electoral Act provisions as applied (s 14(3); Pt VII; s 40).
Members of Parliament and groups of members: Parliamentarians have procedural roles. In referendums as to a Bill, arguments forwarded to the Electoral Commissioner must be authorised by a majority of those members of both Houses with whose concurrence the Bill passed, or by a majority of those who voted against (s 9(1)(a)-(b)). A group of MPs may appoint scrutineers to represent their argument at polling and counting places (s 20; s 23).
Bodies, corporate and unincorporate: For referendums other than referendums as to a Bill, bodies may forward authorised arguments or be invited by the Electoral Commissioner to do so (s 9(3)-(5)). Where arguments are advanced by bodies, those bodies may appoint scrutineers to observe polling and counting (s 20; s 23).
Printers, publishers and distributors: Advertising and referendum notice rules place statutory obligations on persons who publish referendum notices to include authorising names and printer information; failure to do so is an offence with monetary penalties and possible distribution liability (s 48).
Scrutineers: Groups and authorised bodies may appoint one scrutineer per polling or counting place to inspect proceedings, object to ballot papers, and sign statements as present (s 20; s 23; s 26(3); s 27(3)).
Courts: The Supreme Court is vested with jurisdiction to determine questions as to validity of the referendum following resolution of either House and has the powers conferred on the Court of Disputed Returns by the Electoral Act (s 33-35).

The Act’s effects are concentrated operationally: the Electoral Commissioner shoulders most administrative duties and discretion (s 6; s 7; s 9; s 30), returning officers are responsible for district implementation and secure transmission of materials (s 17; s 26-27), and electors are constrained by single‑vote rules and prescribed form of marking (s 14-16). Offences provisions attach potential fines and imprisonment (Pt VII) to intermediaries (publishers, persons who supply refreshments) and to electors themselves for bribery and receipt of bribes (s 41-43). Parliamentary actors and authorised bodies have limited but specific rights to feed content into the official material distributed by the Electoral Commissioner (s 9). Printers and distributors bear technical compliance obligations under s 48. The delineation of responsibilities creates administrative bottlenecks and points of accountability that matter in operational planning and litigation risk.

The Act distributes duties and confers rights that determine operational responsibilities and safeguards for participants. Below are the principal duties and corresponding rights, cross‑referenced to the Act.

Duties of the Governor

Issue writs for referendums when authorised or required (s 4(1)).
For referendums as to a Bill, may cause the Bill or a statement describing textual alterations to be attached to the writ (s 8(a)).

Duties of the Electoral Commissioner

Receive and indorse date of receipt of the writ, advertise receipt and particulars in the Gazette and more broadly, and forward copies of the writ to returning officers (s 6(2)(a)-(c)).
Make arrangements necessary for taking the votes, advertise places to vote, prepare rolls for the referendum (s 7(a); s 13(1)-(3)).
Cause summaries or copies of Bills to be published and attached to copies of the writ when a referendum is as to a Bill (s 8(b)-(c)).
Cause printing and distribution or other publication of authorised arguments when properly forwarded under the rules set out (s 9(1)-(6)).
Indorse the writ with the statement showing votes by district and statewide and publish the statement in the Gazette (s 30(1)-(3)).
Appoint temporary assistants for electoral purposes (s 50).

Duties of returning officers and assistant returning officers

Make arrangements within each district for taking votes (s 7(b)).
Provide ballot papers to every place to vote (s 17(4)).
Open ballot boxes, count votes, packet used and unused ballot papers and documentation, seal packets before scrutineers, and forward packets and statements to the Electoral Commissioner (s 26-27).
Count and handle postal, absent and provisional votes as applied (s 28).

Rights and administrative protections for scrutineers

Groups or authorised bodies that forwarded arguments may appoint one scrutineer per place to represent them during polling and at counting places (s 20(1); s 23(1)).
Scrutineers have rights to be present during counts and to see seals exhibited (s 22(2)(a), (g)-(h); s 23(3)).
Scrutineers may object to ballots as informal; the officer conducting the count must mark such a ballot “admitted” or “rejected” and initial the marking (s 23(3)).

Voter rights and constraints

Only electors who would be entitled to vote at an election may vote at a referendum (s 14(1)); nothing in the section allows a person who is disqualified under law to vote (s 14(3)).
Each elector may vote only once (s 14(2)).
For referendums as to a Bill the ballot is a “Yes/No” format with the words “Yes” and “No” prescribed (s 15(1); s 16(2)).
Ballots that clearly indicate intention are to be treated so as to give effect to that intention notwithstanding non‑standard marking (s 24(2)).

Rights and obligations for parliamentarians and bodies regarding arguments

In a Bill referendum, arguments can be forwarded by a majority of the relevant members who either support or oppose the Bill to be published by the Electoral Commissioner (s 9(1)(a)-(b)).
In other referendums, arguments authorised by members of Parliament or bodies can be forwarded or may be solicited by the Electoral Commissioner for distribution (s 9(3)-(6)).

Obligations on publication and printers

A referendum notice must show the name and address of the person authorising it; printers must print the name and place of business of the printer on printed referendum notices or face penalties (s 48(2)-(3)).
Distributors of improperly authorised notices also face penalties (s 48(4)).

Obligations concerning the counting process

The officer conducting the count controls adjournments and sealing of ballot packets, but must allow scrutineers to inspect seals and may allow scrutineers to affix seals (s 22(2)(e)-(h); s 26(2); s 27(2)).
Decisions by the officer to admit or reject ballots are final subject only to reversal by the Supreme Court on a disputed return (s 24(3); s 29(2); Pt VI).

Criminal and civil liabilities

A series of offences target bribery, undue influence, misleading publications, supply of refreshments to influence votes, and printing/publishing infractions with prescribed penalties (s 41-48; s 40 applies certain Electoral Act offences to referendums).

Regulatory powers and discretion

The Governor can make regulations for matters required or permitted by the Act (s 49).
The Electoral Commissioner has discretion to invite bodies to submit arguments, decide which arguments to publish when multiple arguments are authorised by equal numbers, and to determine when to return the writ in the face of outstanding unreceived ballots that cannot affect the result (s 9(4)-(5); s 30(4)).

These duties allocate administrative costs and powers principally to the Electoral Commissioner and returning officers, while conferring procedural rights to scrutineers and limited content‑submission rights to parliamentary groups and other bodies. The Act creates enforcement rights (criminal penalties) against third parties (publishers, persons offering inducements) and invites judicial oversight on close questions of ballot admission and result validity (Pt VI).

The Act creates referendum‑specific criminal offences and imports, by statutory operation, a set of electoral offences from the Electoral Act 1907. Enforcement mechanisms combine summary criminal penalties, seizure and sealing of materials, administrative sequencing, and judicial review by the Supreme Court.

Imported offences and interaction with the Electoral Act

Section 40(1) applies specified sections of the Electoral Act 1907 to referendums as if the referendum were an election. The listed sections include s 179(1) and (3), s 180, and others up to s 206 (full list at s 40(1)). Section 40(2) clarifies that the provisions in Part VII are additional to those applied Electoral Act provisions. That means a range of electoral offences beyond those enumerated at Pt VII can apply to referendum conduct when the corresponding Electoral Act sections are triggered.

Specific offences, penalties and custodial exposure in Pt VII

Supply of refreshments etc. (s 41): Supplying food, drink, entertainment or transport with a view to influence an elector’s vote after issue of the writ and before votes are taken is an offence, penalty not exceeding $400 or imprisonment up to one year.
Bribery (s 42): Giving, promising or offering money, property or benefit to influence an elector’s vote, induce non‑voting, or in the case of a Bill referendum to induce support or opposition, is an offence, penalty up to $400 or imprisonment up to one year.
Receipt of bribe by elector (s 43): An elector who asks for or receives a bribe or agrees to do so in relation to how they vote or whether they will vote is liable to penalty up to $400 or imprisonment up to one year.
Undue influence (s 44): Threatening or using violence, injury, damage or disadvantage to influence voting or induce non‑voting, or to induce support or opposition in a Bill referendum, attracts a penalty up to $400 or imprisonment up to one year.
Rendering a person unable or incapable of voting (s 45): Intentionally conducting acts designed to render another person unable or mentally incapable of voting is an offence, penalty $200; and the section operates even if the target was not rendered incapable or did vote (s 45(2)).
Misleading advertisements (s 46): Printing, publishing or distributing an advertisement that represents a ballot paper or contains an untrue statement intended to mislead electors carries a penalty up to $200. The section carves out legitimate instructions that are not intended to mislead (s 46(2)).
Misconduct at public meetings (s 47): Disorderly conduct at public meetings held in relation to a referendum is an offence with penalty up to $10 (note the low quantum).
Advertisement technical offences (s 48): Publishing a referendum notice without the authoriser’s name and address, or printing without the printer’s place of business, incurs a penalty $200; distribution of such improperly authorised notices carries a penalty up to $100.

Enforcement mechanics and evidentiary features

Criminal enforcement occurs under general criminal process; the Act sets out penalties but not detailed enforcement procedure,those follow ordinary criminal procedure and, where applicable, the Electoral Act provisions imported by s 40.
Decisions during counting on admissibility of ballot papers are final subject only to reversal by the Supreme Court under Part VI (s 24(3)). That narrows avenues for immediate administrative challenge, concentrating substantive review into judicial procedures.
The Electoral Commissioner may, where outstanding mobile or postal ballots cannot possibly affect the result, indorse and return the writ and publish the statement without awaiting those ballots (s 30(4)). That creates a threshold for administrative finality that can be relevant to enforcement and contestation.

Disputed returns and judicial remedy

Legislative houses may, by resolution within 14 sitting days of publication in the Gazette of the Commissioner’s statement, refer questions as to validity to the Supreme Court (s 33(1)). Once referred, the Court’s powers mirror those of the Court of Disputed Returns under the Electoral Act (s 35).
The Electoral Commissioner is entitled to be represented at the hearing of a reference; the Court may allow other persons to be represented and heard (s 36).

Limits, discretion and practical enforcement risks

Some penalties are modest (for example, $10 for disorderly conduct at a public meeting, s 47). The modest maximums may affect enforcement incentives.
The Act provides administrative discretion to the Electoral Commissioner in matters that affect enforcement exposure: whether to publish and distribute submitted arguments (s 9), whether to direct a re‑count (s 29), and whether to return the writ before receipt of outstanding ballots that cannot affect the result (s 30(4)). Those discretions influence the timing and scope of opportunities for enforcement and legal challenge.

In short, Part VII and s 40 bring criminal sanctions to a range of referendum behaviours: inducements, influence, misleading publications and procedural irregularities in printed referendum material. Enforcement will typically be by ordinary criminal or electoral enforcement mechanisms; disputed counts and validity questions are channelled into the Supreme Court via parliamentary referral provisions. The Act couples administrative finality mechanisms (s 30) with judicial oversight (Pt VI), concentrating enforcement decisions and litigation risk in those procedural gateways.

The Act is designed to operate in close conjunction with a set of existing statutes and rules, primarily the Electoral Act 1907, but also the Constitution Act 1889, the Public Sector Management Act 1994 and any Act that authorises a referendum. Those interactions determine which electoral procedures apply, which offices control aspects of the process and where regulatory or procedural gaps are filled.

Primary cross‑reference: Electoral Act 1907

The Act repeatedly applies provisions of the Electoral Act 1907 to referendums, either directly or by reference. Section 3 provides that any provision of the Electoral Act that applies to a referendum does so mutatis mutandis and subject to the modifications prescribed by this Act and regulations (s 3(1)-(2)). Section 18 explicitly lists specific Electoral Act provisions that apply to referendums, including Part IV Division 3 Subdivisions 1 and 2, sections 92-93B, Part IV Division 3A (with certain exclusions), and section 156, as well as any prescribed provisions by regulation (s 18(a)-(f)).
The Act borrows mechanics for roll preparation from Electoral Act Part IV Division 1A, applying it with necessary modifications (s 13(3)). This means the voter enrolment and roll closure processes for referendums follow electoral roll machinery unless otherwise modified.
Postal, absent and provisional voting procedures are explicitly tied to Electoral Act provisions when a referendum is simultaneous with an election (s 19(a)-(d); s 19(aa), (ca), (dc)). For example, a person who is a postal voter for the election must be sent the referendum ballot when documents for the election are sent (s 19(aa)).
Sections 25 and 28 adopt assistant returning officer provisions in the Electoral Act (s 141; s 142A) and apply them to expedite counts and deal with postal/absent votes.

Constitution Act 1889

The Act contemplates referendums as to a Bill where the referendum day is fixed by Order in Council under the Constitution Act 1889 (s 4(1)(a)). The Governor’s power to act following a constitutional Order in Council links the referendum writ process to executive decisions under the Constitution Act.

Public Sector Management Act 1994

Section 50(2) excludes temporary assistants appointed by the Electoral Commissioner under s 50(1) from Part 3 of the Public Sector Management Act 1994. That affects hiring practice and conditions for temporary staff engaged for referendums.

Acts authorising referendums and other enabling legislation

For referendums not as to a Bill, the Act makes clear that the question, and in some cases the authorised manner of marking, may be prescribed in the Act that authorises or requires the referendum (s 2(1) definition of authorised manner; s 16(3); s 15(3)). That places some control over referendum design in the enabling statute, with the Referendums Act providing administration and the Electoral Act providing procedure.

Regulations and rule‑making

Section 49 grants the Governor regulation‑making power for all matters required or permitted or necessary or convenient to give effect to the Act. Section 3 contemplates regulations and other statutory instruments made under applied Electoral Act provisions to apply in like manner. That means gaps between the Electoral Act and referendum‑specific needs are intended to be filled by regulations.

Court rules and the Supreme Court

Part VI envisages referral of disputed returns to the Supreme Court, which is to apply the powers conferred upon the Court of Disputed Returns by the Electoral Act (s 35). Procedure in the Court is to be as prescribed by Rules of Court, or in default by the Court or judge (s 37). Thus, procedural interaction with court rules and the Electoral Act determines litigation mechanics.

Practical interaction effects

Where a referendum is held on the same day as an election, many election procedures (absent, provisional, postal voting; roll use; issuing of documents; ballot envelope rules) apply directly to the referendum (s 19). That creates operational economies but also increases complexity: a single invalidation rule in one Act could have flow‑on effects under the other.
The Act’s reliance on Electoral Act mechanics means the referendum process inherits legislative changes to the Electoral Act unless the Referendums Act or regulations modify them. The compilation table indicates several amendments to the Referendums Act over time, including recent amendments in 2023 via the Electoral Amendment (Finance and Other Matters) Act 2023 (compilation table).

Where the Act is silent

The Act does not itself set out some peripheral matters, such as detailed criminal procedure or sentencing, which remain governed by general criminal law and the Electoral Act where incorporated (s 40). Also, where referendums are authorised by other Acts, those enabling Acts may override or specify different ballot forms, questions or marking manners (s 16(3); s 15(3)).

Overall, the Referendums Act is an administrative overlay that imports much of the Electoral Act 1907’s structure, adapts it for referendum‑specific features (Yes/No ballots for Bills, publication of parliamentary arguments), and provides regulation‑making power where further harmonisation is required. Users must read the Electoral Act and any referendum‑authorising Act alongside the Referendums Act to understand the full legal matrix.

The compilation table at the end of the Act records the statutory amendments and their commencement dates. The Act has been amended several times since its original assent and includes procedural changes and modernisations. The compilation table entries in the source provide dates and enacted instruments; below are the changes recorded by the compilation table with the specific instruments that amended the Act.

Original enactment: Referendums Act 1983 (No. 83 of 1983), assent 22 December 1983, commenced 22 December 1983.
1987 amendments:
- Acts Amendment (Electoral Reform) Act 1987 (No. 40 of 1987), Pt VI, assent 12 July 1987, commenced 30 October 1987 (see s 2 and Gazette citation). The text shows multiple amendments annotated s 2, s 98, s 99, s 100-103 in sectional notes throughout.
- Electoral (Procedures) Amendment Act 1987 (No. 79 of 1987), s 80, assent 1 December 1987, commenced 16 February 1988. Various sections were noted as amended by No. 79 of 1987 s 80 (for example s 2 and s 3 were amended).
1994 amendment:
- Acts Amendment (Public Sector Management) Act 1994 (No. 32 of 1994), s 3(2), assent 29 June 1994, commenced 1 October 1994. That amendment removed application of Part 3 of the Public Sector Management Act to temporary assistants appointed under s 50 (s 50(2) as amended).
1996 amendment:
- Electoral Legislation Amendment Act 1996 (No. 43 of 1996), Pt 5, assent 16 October 1996, commenced 9 November 1996. The Act contains references in the text to amendments in 1996 (for example the insertion of s 24 amendments).
2000 amendments:
- Electoral Amendment Act 2000 (No. 36 of 2000), s 25, 49 and 54, assent 10 October 2000. Different commencement dates are recorded: ss 25 and 54 commenced 21 October 2000; s 49 commenced 11 November 2000. These amendments include modernising references and inserting application of certain Electoral Act provisions to referendums (noted in s 4 amendment and s 8).
2003 amendment:
- Sentencing Legislation Amendment and Repeal Act 2003 (No. 50 of 2003), s 89, assent 9 July 2003, commenced 15 May 2004. The compilation table and textual marginal notes indicate penalties were adjusted (for example s 45 penalty note).
2009 amendment:
- Statutes (Repeals and Miscellaneous Amendments) Act 2009 (No. 8 of 2009), s 109, assent 21 May 2009, commenced 22 May 2009. Some deletions of provisions were effected (for example ss 11 and 12 are deleted).
2023 amendment:
- Electoral Amendment (Finance and Other Matters) Act 2023 (No. 30 of 2023), Pt 5, assent 11 December 2023, commenced 1 July 2024. The text of the Act includes a number of insertions and amendments attributed to No. 30 of 2023, such as additions to definitions in s 2 (note includes s 190), insertion of ss 13 and 18 and consequential changes throughout (see multiple marginal notes referencing No. 30 of 2023 s 190-199).

The compilation table shows reprints of the Act as at 21 January 2000 and 15 August 2014 that incorporated earlier amendments. The most recent amendment recorded is the 2023 Act with commencement 1 July 2024, which introduced multiple modernisations and expanded the Act’s interface with the Electoral Act (for example, s 13 inserting roll preparation provisions and s 18 listing Electoral Act provisions that apply).

Readers relying on this deep dive should consult the compilation table and the Gazette commencement notices recorded in the compilation table if precise transitional timing and operative dates of specific amendments are material to their analysis (the compilation table entries give the assent and commencement dates). The Act’s marginal notes and section annotations in the source identify the specific sections and years that effect the amendments and should be cross‑checked for detailed legislative history.

The text supplied contains no case law and names no judicial decisions. It does, however, create a specific litigation pathway and references judiciary powers and procedures:

Parliamentary referral and Supreme Court jurisdiction: The Legislative Council or the Legislative Assembly may resolve to refer any question respecting the validity of a referendum or any return or statement showing voting to the Supreme Court within 14 sitting days after the Commissioner’s statement is published in the Gazette (s 33(1)). Once referred, the Supreme Court has jurisdiction to hear and determine the question and to exercise the powers conferred by the Electoral Act 1907 on the Court of Disputed Returns, so far as applicable (s 35).
Procedure and representation: The President of the Legislative Council or the Speaker must transmit the statement of the question to the Principal Registrar (s 34). The Electoral Commissioner is entitled to be represented and the Court may allow any other person to be represented and heard (s 36). Procedure follows Rules of Court or, in their absence, by court direction (s 37).
Notification and effect: After determination, the Principal Registrar must forward a copy of the Court’s determination to the Clerk of the referring House forthwith (s 38). The Act also contains a non‑vitiation clause: immaterial errors or delays that do not affect the result do not vitiate the referendum (s 39(1)). Section 39(2) restricts evidentiary reliance on how a disenfranchised elector intended to vote when the elector was prevented from voting by an officer’s error.

What this means for litigation practice

All formal challenges to validity must proceed by parliamentary reference to the Supreme Court within the time window specified (s 33(1)). Practitioners should note the strict time frame of 14 sitting days counted from publication in the Gazette (s 33(1)-(2)). The Act does not provide for citizen‑initiated petitions to the Supreme Court under Part VI; the referral mechanism is legislative.
The Court exercises the powers of the Court of Disputed Returns under the Electoral Act, so doctrines and remedies available under the Electoral Act’s disputed returns jurisprudence (to the extent those doctrines are set out in the Electoral Act provisions applied by s 35) will inform relief, subject to the application and limitations in this Act.
Administrative finality is partially protected by s 30(3), which states that the statement published in the Gazette is conclusive evidence of the result of the referendum, subject to the Act (that is, subject to Part VI challenges). Practitioners must therefore frame litigation strategically to fit the Act’s procedural gatekeeping and evidentiary constraints.

Absence of named litigation in the statute

The supplied text names no cases, decisions or litigation outcomes. There is no list of judicial precedents attached. If precedent history is required, practitioners must search case law for decisions applying the Referendums Act or the Court of Disputed Returns in Western Australia.

In short, the Act concentrates litigation into a specific, time‑limited parliamentary referral to the Supreme Court, prescribes that the Court exercise Court of Disputed Returns powers, and limits post hoc vitiation of a referendum to matters that affect its result (s 33-39). The Act’s litigation architecture therefore privileges institutional referral and judicial determination within a statutory process rather than open private actions.

This section highlights practical traps, latent risks and statutory features that are easy to overlook because they are embedded in cross‑references or require tight timing and procedural compliance.

Time windows and the close of nominations reading

Section 3(2)(c) re‑reads “close of nominations” to mean, where a referendum is held on the same day as an election, the time of the close of nominations for the election; in other cases it means 6 pm on the day that is seven days after the writ is issued. This cross‑reading creates a tight, statutory timetable for any activity that depends on the close of nominations (for example, authorisation of arguments or distribution logistics under s 9). Failure to account for the read‑across can mean missing statutory windows.

Publication of arguments and parliamentary majorities

For Bill referendums, s 9(1) requires that any argument submitted for publication be authorised by a majority of those members of both Houses with whose concurrence the Bill passed (for pro‑Bill arguments) or a majority of those who voted against the Bill (for anti‑Bill arguments). That is a precise parliamentary authorisation threshold, not a mere party endorsement. Practitioners must ensure the correct authorisation signatures and supporting documentation are provided within four weeks after passage through both Houses (s 9(1)).

Electoral Commissioner discretion on arguments and ties

Where multiple competing arguments are presented under s 9(3) and (4), the Electoral Commissioner must favour the argument authorised by the greater number of members and, in a tie, determine by lot (s 9(4)). That means a tie resolves by lottery, which is an unusual but statutory tiebreaker that may have significant material consequences.

Ballot informality rules and the primacy of elector’s intention

Section 3(3) states that ballot papers shall not be rejected as informal except for reasons specified in this Act or regulations. Section 24(2) goes further and requires that where a ballot clearly indicates intention, it must be taken to have been marked in the authorised manner giving effect to that intention even if not marked in the authorised way. Those provisions narrow technical grounds for informality challenges but transfer contestability into the officer’s discretion at count time; their decisions are final subject to Supreme Court review (s 24(3)). Parties seeking to challenge counts must therefore prepare for judicial review rather than ad hoc administrative complaints.

Single‑vote rule and the issuing officer’s additional question

When a referendum is simultaneous with an election, issuing officers may ask an additional question to determine whether a person has already voted at the referendum (s 19(da)-(dc)). Refusal to answer or admission of prior voting requires refusal to vote. This additional question is discretionary for the officer “if the officer considers it necessary” (s 19(da)), and errors in its asking or the officer’s decision to refuse may be the basis of subsequent contested return proceedings; yet s 39(2) limits admissible evidence about how a disenfranchised elector would have voted.

The Electoral Commissioner’s power to return the writ before receipt of outstanding ballots

Under s 30(4) the Commissioner may return the writ and publish the statement without awaiting certain unreceived mobile or postal ballots if satisfied they cannot possibly affect the result. That introduces a practical threshold for election finality. Parties should be prepared to challenge the Commissioner’s satisfaction in the Supreme Court under Part VI if they can demonstrate a genuine possibility of changed outcome.

Offence penalty quantum appears modest in places

Some statutory maximum penalties are low by contemporary standards (for example s 47 maximum $10 for misconduct at public meetings). Enforcement agencies may deprioritise such offences, and affected parties should not assume vigorous enforcement without political or prosecutorial impetus.

Printers and distributors shoulder technical obligations

Section 48 requires publication of authoriser names and printer details on referendum notices and imposes secondary distribution liability. Commercial printers and distributers must ensure their production lines capture those details on all referendum material to avoid strict‑liability exposure.

Narrow route to judicial challenge

The only avenue for judicial challenge to a referendum’s validity under this Act is by parliamentary referral within 14 sitting days after publication in the Gazette (s 33). That contrasts with open private rights of action and may create strategic timing pressures for interested stakeholders to secure a parliamentary resolution within a narrow window.

Regulation‑making power and potential procedural change

Section 49 empowers the Governor to make regulations to alter timeframes, extend dates, and prescribe other matters. That means some procedural details could be changed by regulation, not Parliament. Users should track regulations made under the Act to ensure procedural compliance.

Temporary assistants are excluded from Part 3 of the Public Sector Management Act 1994

Section 50(2) exempts temporary assistants appointed by the Electoral Commissioner from Part 3 of the Public Sector Management Act 1994. That affects employment conditions and might raise industrial or governance considerations in the deployment of temporary electoral staff.

Each of these items pinpoints statutory text or cross‑reference in the Act and is a practical area where operational missteps or strategic miscalculations can arise. For lawyers and compliance officers, the crucial gotchas are timing windows (s 9; s 33; s 3(2)(c)), Commissioner discretions affecting finality (s 9; s 29; s 30(4)), and the limited procedural avenues for challenge (Pt VI).

This checklist is a practical, source‑grounded compliance guide for the main participants identified in the Act: the Governor/Executive, Electoral Commissioner and staff, returning officers and assistant returning officers, parliamentarians or authorised bodies submitting arguments, printers and distributors, and campaign organisations or individuals.

For the Governor/Executive

Before causing a writ to be issued, confirm the enabling basis in the Constitution Act 1889 (for referendums as to a Bill) or the specific Act authorising the referendum (s 4(1)). Ensure the writ fixes the day for taking votes and the day for the return of the writ in the prescribed form unless the authorising Act fixes the day (s 5(1)-(3)).
If attaching a Bill to a writ for a Bill referendum, ensure a copy of the Bill or a statement setting out the textual alterations is prepared and delivered to the Electoral Commissioner for attachment and publication (s 8(a)-(c)).

For the Electoral Commissioner

Indorse the writ date on receipt and promptly advertise receipt and particulars in the Gazette and other media as required (s 6(2)(a)-(b)). Forward copies of the writ to all returning officers (s 6(2)(c)).
Immediately begin roll preparation under s 13: prepare a separate roll for each district and ensure Part IV Division 1A of the Electoral Act is applied with necessary modifications (s 13(1)-(3)).
Advertise places to vote and make arrangements to take votes (s 7(a)). Ensure ballot papers are produced in prescribed forms and that different ballot forms are available where needed (s 17(1)-(4)).
For a referendum as to a Bill, publish a summary of the Bill in the Gazette when advertising the writ, and attach copies to the writ sent to returning officers (s 8(b)-(c)).
Establish procedures for receiving arguments under s 9: set a publicised deadline (four weeks after passage for Bill referendums; seven days after issuance of the writ for other referendums), verify authorisation thresholds are met (majority of the relevant members or authorisation by members of Parliament or bodies as required), and proceed to print and distribute arguments where prescribed conditions are satisfied (s 9(1)-(6)).
Implement scrutineer appointment procedures (s 20; s 23): require written notices of appointment signed on behalf of the authorising group or body, ensure scrutineers make the required declaration before acting (s 20(2)-(3)), and maintain scrutineer registers at polling and counting places.
When counting, follow the packetisation and sealing rules: ensure assistant returning officers and returning officers enclose used and unused ballot papers and other documents in the prescribed packets, indorse with descriptions and dates, allow scrutineers to affix seals, and forward packets and the signed statement to the Commissioner (s 26-27).
Exercise the discretion under s 29 to direct a re‑count where warranted, and be prepared to document reasons if the Governor directs a re‑count.
Be prepared to make the s 30 determination about outstanding mobile or postal ballots: document the basis for any satisfaction that remaining unreceived ballots cannot possibly affect the result before indorsing and returning the writ without them.
Ensure temporary assistants are appointed consistent with s 50(1) and that organisational arrangements take into account exclusion from Part 3 of the Public Sector Management Act (s 50(2)).

For returning officers and assistant returning officers

Provide polling places with correct ballot paper forms and ensure presiding officers initial ballot papers as required (s 17(4); s 24(1)(a)).
Complete counts promptly after close of poll; packetise and seal materials and forward to the Electoral Commissioner with the required statements certifying vote numbers and informal votes (s 26(1); s 27(1)).
Allow scrutineers to be present, affix seals, sign statements and mark ballot papers when objects are raised (s 22(2); s 23(3); s 26(2)-(3); s 27(2)-(3)).
For referendums coinciding with elections, follow the Electoral Act procedures for postal, absent and provisional votes and ensure any ballot paper envelopes and colour differentiation requirements are complied with (s 19(e)-(f); s 19(aa); s 19(ca)).

For members of Parliament and groups seeking to submit arguments

For referendums as to a Bill, obtain and document the required authorisation: a majority of those members of both Houses whose concurrence the Bill received, for a pro‑Bill argument, or a majority of those who voted against the Bill, for an anti‑Bill argument (s 9(1)(a)-(b)). Submit such arguments within four weeks after passage through both Houses to trigger publication.
For other referendums, ensure that arguments forwarded before the specified seven‑day deadline after writ issuance comply with any prescribed conditions and are authorised by members of Parliament (s 9(3)).
Where multiple arguments are forwarded for the same manner of marking, understand that the Commissioner will choose the argument authorised by the greater number of members, and in an equal tie the Commissioner will conduct a drawing of lots (s 9(4)).

For bodies and corporate submitters invited by the Commissioner

If invited under s 9(5), comply with conditions specified in the invitation and any prescribed requirements. Note the 21‑day period to forward arguments in response to an invitation.

For printers, publishers and distributors of referendum notices

Always show the name and address of the person authorising the referendum notice at the end (s 48(2)). For printed referendum notices other than newspaper advertisements, ensure the name and place of business of the printer is printed at the end (s 48(3)). Distributors should obtain proof of authorisation to avoid liability for distribution of improperly authorised notices (s 48(4)).

For campaign organisations and individuals

Train volunteers and staff on offences in Part VII: do not supply refreshments or transport with an intention to influence (s 41), do not offer money or benefits for votes (s 42-43), avoid threats or inducements (s 44), and avoid publishing representations of ballot papers intended to mislead (s 46).
When advising voters, avoid materials that might be considered untrue or likely to mislead them about ballot form or marking (s 46). Where providing instruction, ensure instructions are accurate and not likely to mislead.

Recordkeeping and document retention

Preserve returned packets and associated statements for the period required by the Electoral Act and be ready to produce books, documents, ballot papers and other materials to the Supreme Court under Part VI if ordered (s 32(2)-(4)). Members of Parliament may request production of rolls used at a referendum within the period when the referendum can be questioned (s 32(1)).

Contingency planning

Develop protocols for handling unreceived postal or mobile ballots and the Commissioner’s assessment under s 30(4). Maintain clear chain‑of‑custody and sealing records to ensure compliance with s 22(2)(g)-(h) and s 26-27 requirements.
Plan for potential parliamentary referral to the Supreme Court under s 33 by preserving records, establishing legal counsel engagement procedures, and briefing potential parliamentary sponsors where challenge risk exists.

In summary, compliance requires attention to strict timelines for authorisation and submission of arguments (s 9), careful management of roll and ballot logistics under the applied Electoral Act provisions (s 13; s 18), secure handling and sealing of ballot packets (s 26-27), and risk mitigation for offences and publication technicalities (s 40-48). Document every discretionary determination (for example under s 9, s 29, s 30(4)) to support administrative decisions in potential judicial review under Pt VI.

Deep Dive

What it does

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