QLDIn ForceAct
Referendums Act 1997
sec.26Who must make a declaration vote
Start here
Get a plain-English read of sec.26
Turn the raw legal text into a practical explanation grounded in Referendums Act 1997.
### sec.26 Who must make a declaration vote
The following electors must make a declaration vote—
an elector who wishes to vote by going on the polling day for the referendum to a polling booth that has not been established for the elector’s electoral district;
an elector who wishes to vote at a polling booth described in section 16 (4) or (6) that has not been established for the elector’s electoral district;
an elector whose name is not on the electoral roll for an electoral district because of an official error;
an elector who goes on a polling day to a polling booth but is not able to make an ordinary vote at the polling booth for a reason that is beyond the elector’s control;
an electronic copy of the electoral roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector’s name is on the electoral roll for the electoral district
an elector to whom section 21 (1) (b) or (d) applies;
an elector who is serving a sentence of imprisonment, or is otherwise detained in lawful custody, on the polling day;
an elector who appears from a record made in error to have already voted in the referendum for any electoral district;
an elector who is given a ballot paper and declaration envelope under section 32 .
s 26 amd 2015 No. 35 s 20 ; 2019 No. 31 s 90
amd 2026 No. 1 s 47 (uncommenced amendment)
- (a) an elector who wishes to vote by going on the polling day for the referendum to a polling booth that has not been established for the elector’s electoral district;
- (b) an elector who wishes to vote at a polling booth described in section 16 (4) or (6) that has not been established for the elector’s electoral district;
- (c) an elector whose name is not on the electoral roll for an electoral district because of an official error;
- (d) an elector who goes on a polling day to a polling booth but is not able to make an ordinary vote at the polling booth for a reason that is beyond the elector’s control; Example of a reason beyond an elector’s control why the elector cannot make an ordinary vote— an electronic copy of the electoral roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector’s name is on the electoral roll for the electoral district
- (e) an elector to whom section 21 (1) (b) or (d) applies;
- (f) an elector who is serving a sentence of imprisonment, or is otherwise detained in lawful custody, on the polling day;
- (g) an elector who appears from a record made in error to have already voted in the referendum for any electoral district;
- (h) an elector who is given a ballot paper and declaration envelope under section 32 .