NORTHERN TERRITORY OF AUSTRALIA
REFERENDUMS REGULATIONS 1998
As in force at 1 March 2011
Table of provisions
Part 1 Preliminary
1 Citation ............................................................................................ 1
Part 2 Ballot-papers and ballot-boxes
2 Postal ballot-paper........................................................................... 1
3 Ballot-paper ..................................................................................... 1
4 Ballot-boxes ..................................................................................... 1
Part 3 Polling
5 Incorrect details in roll ...................................................................... 2
6 Pre-poll voting.................................................................................. 2
7 Withholding of ballot-paper .............................................................. 3
8 Record of refusal to issue ballot-paper under section 36 of Act....... 3
9 Spoilt or discarded ballot-papers ..................................................... 4
10 Postal ballot-box .............................................................................. 4
Part 4 Examination of postal ballot-papers and
ballot-papers issued under section 25 or
36 of Act
11 Definitions ........................................................................................ 4
12 Valid postal votes ............................................................................ 5
13 Checking postal vote certificates ..................................................... 5
14 Sorting of postal votes ..................................................................... 6
15 Examination of section 36 declarations ........................................... 7
16 Part-counting of votes ...................................................................... 8
17 Omissions and errors in ballot-papers ............................................. 9
18 Counting, &c., of postal votes and votes cast under
sections 25 and 36 of Act ................................................................ 9
Part 5 Failure to vote
19 Reason for failure to vote................................................................. 9
20 Court hearing ................................................................................. 11
Part 6 Miscellaneous
21 Deferred counting of ballot-papers ................................................ 12
Referendums Regulations 1998 ii
22 Declaration of officers and scrutineers .......................................... 12
Schedule 1
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 March 2011
REFERENDUMS REGULATIONS 1998
Regulations under the Referendums Act 1998
Part 1 Preliminary
1 Citation
These Regulations may be cited as the Referendums
Regulations 1998.
Part 2 Ballot-papers and ballot-boxes
2 Postal ballot-paper
A postal ballot-paper is to be in accordance with Form 1 in
Schedule 1.
3 Ballot-paper
A ballot-paper (other than a postal ballot-paper) is to be in
accordance with Form 2 in Schedule 1.
4 Ballot-boxes
A ballot-box is to:
(a) be constructed of durable material;
(b) be capable of being securely fastened or sealed; and
(c) have a cleft through which ballot-papers are to be deposited
into the ballot-box.
Part 3 Polling
Referendums Regulations 1998 2
Part 3 Polling
5 Incorrect details in roll
(1) A claim to vote at a polling place is not to be rejected by reason
only of the omission from the roll or a certified list of voters of the
given name of a person or the entry of a wrong given name,
address, occupation or spelling of a surname if, in the opinion of the
presiding officer, the voter is sufficiently identified.
(2) A voter is not to be disqualified from voting under the name
appearing on the roll by reason only of the voter's surname having
been changed by marriage.
6 Pre-poll voting
(1) Unless the contrary intention appears, a reference in these
Regulations to a claim to vote, a ballot-paper or voting includes a
reference to:
(a) a claim to vote for the purpose of casting a vote under
section 25 of the Act at a referendum before 6.00 p.m. on the
day before the polling;
(b) a ballot-paper used in connection with casting a vote under
section 25 of the Act; and
(c) voting under section 25 of the Act.
(2) For the purposes of conducting voting at a referendum under
section 25 of the Act, the Chief Electoral Officer may:
(a) divide the Territory into regions; and
(b) if he or she thinks fit, assign a name to each region.
(3) If a voter casts his or her vote at a location that is not within the
region in which the division for which he or she is enrolled is
situated, the voter must, after complying with section 34(a), (b)
and (c) of the Act:
(a) place the ballot-paper on which he or she has marked his or
her vote in an envelope bearing the name of the division for
which he or she is enrolled;
(b) seal the envelope; and
(c) in complying with section 34(d) of the Act, deposit the
envelope in a ballot-box at the location.
Part 3 Polling
Referendums Regulations 1998 3
(4) As soon as practicable after 6.00 p.m. on the day before polling
day, the officer conducting polling at a location must send or deliver
the ballot-box in which ballot-papers were deposited at the location
to an officer conducting a determination of the results of the poll.
(5) In this regulation:
location means a location where a voter casts his or her vote
under section 25(2) of the Act.
region means an area comprised of one or more divisions.
voter means an elector entitled to vote at a referendum who
applies under section 25(1) of the Act to an officer conducting
voting at a referendum before 6.00 p.m. on the day before the
polling day and who there and then votes at the referendum.
7 Withholding of ballot-paper
The presiding officer of a polling place must refuse to issue a ballot-
paper to a person required to answer a question put to him or her
under section 31(2) of the Act (other than the question under
section 31(2)(b) of the Act) if the person:
(a) refuses to answer the question; or
(b) fails to answer it in the affirmative.
8 Record of refusal to issue ballot-paper under section 36 of Act
A presiding officer of a polling place who refuses to issue a ballot-
paper to a person who has made a declaration under section 36 of
the Act must:
(a) make a written note of the person's request to be issued with
a ballot-paper and the presiding officer's reasons for refusing
to issue it;
(b) sign the note in the presence of those scrutineers that are
present at the polling place; and
(c) at the close of polling forward the note to the Divisional
Returning Officer for the division in which the polling place is
situated.
Part 4 Examination of postal ballot-papers and ballot-papers issued under section 25
or 36 of Act
Referendums Regulations 1998 4
9 Spoilt or discarded ballot-papers
A presiding officer who receives a spoilt ballot-paper or finds a
discarded ballot-paper referred to in section 38 of the Act must:
(a) immediately write the word "spoilt" or "discarded", as the case
may be, across the face of the ballot-paper;
(b) place the ballot-paper in an endorsed envelope; and
(c) at the close of polling forward the ballot-paper to the Divisional
Returning Officer.
10 Postal ballot-box
The Divisional Returning Officer must:
(a) keep a locked or sealed ballot-box with the words "Postal
Ballot-box" marked on it; and
(b) place and keep in the ballot-box until determination of the
results of the poll all envelopes containing postal ballot-papers
relating to his or her division that are received by the
Divisional Returning Officer and not excluded under
regulation 12.
Part 4 Examination of postal ballot-papers and ballot-
papers issued under section 25 or 36 of Act
11 Definitions
In this Part:
ballot-paper means a ballot-paper issued under section 25 or 36 of
the Act.
Divisional Returning Officer, in relation to voting on ballot-papers
or postal ballot-papers, means the Divisional Returning Officer for
the division in respect of which those votes are cast.
postal ballot-paper means a ballot-paper issued under section 26
of the Act.
Part 4 Examination of postal ballot-papers and ballot-papers issued under section 25
or 36 of Act
Referendums Regulations 1998 5
12 Valid postal votes
(1) A postal ballot-paper is not to be included in the determination of
the results of the poll unless:
(a) the vote marked on the postal ballot-paper is marked before
6.00 p.m. on polling day; and
(b) the ballot-paper is:
(i) delivered to a presiding officer before the close of polling
on polling day; or
(ii) received by a Divisional Returning Officer before
6.00 p.m. on the Friday next following polling day.
(2) In the absence of evidence to the contrary, the time and date
appearing in the postal vote certificate of an elector is to be taken
as the time and date on which the elector's vote was marked on the
postal ballot-paper.
13 Checking postal vote certificates
(1) The checking of postal voting certificates is to be carried out in
accordance with this regulation.
(2) The checking of a postal voting certificate:
(a) may be carried out at any time that the Divisional Returning
Officer considers practicable after receiving a postal vote; and
(b) is to be carried out in the presence of another officer or a
person approved by the Chief Electoral Officer.
(3) The Divisional Returning Officer must examine an elector’s postal
vote certificate and his or her application for a postal ballot-paper.
(4) If satisfied that:
(a) the signature on the postal vote certificate is the same as that
on the application for the postal ballot-paper;
(b) the signature on the postal vote certificate purports to be
witnessed by an authorised witness; and
(c) the vote marked on the postal ballot-paper contained in the
envelope purports to have been cast before 6.00 p.m. on
polling day,
Part 4 Examination of postal ballot-papers and ballot-papers issued under section 25
or 36 of Act
Referendums Regulations 1998 6
the Divisional Returning Officer must:
(d) place a mark against the name of the elector on a certified list
of voters to be used by him or her for the purposes of the
determination of the results of the poll; and
(e) place the envelope unopened in the ballot-box referred to in
regulation 10.
(5) If the Divisional Returning Officer is not satisfied of the matters
referred to in subregulation (4)(a), (b) and (c), he or she must mark
the unopened envelope with the word "rejected" and place it in the
ballot-box referred to in regulation 10.
14 Sorting of postal votes
(1) Postal votes are to be sorted in accordance with this regulation.
(2) The sorting of postal votes:
(a) may be carried out at any time that the Divisional Returning
Officer considers practicable after 6.00 p.m. on the Friday next
following polling day; and
(b) is to be carried out in the presence of those scrutineers that
choose to attend and any other persons approved by the
Divisional Returning Officer.
(3) The Divisional Returning Officer must produce unopened all
envelopes containing postal ballot-papers received by the Divisional
Returning Officer not later than 6.00 p.m. on the Friday next
following polling day.
(4) The Divisional Returning Officer must:
(a) allow the scrutineers to inspect postal vote certificates marked
with the word "rejected";
(b) exclude the postal ballot-papers contained in those unopened
postal vote certificates from the determination of the results of
the poll; and
(c) place those postal vote certificates, unopened, in a parcel.
(5) The Divisional Returning Officer must:
(a) withdraw from the envelopes admitted to the determination of
the results of the poll, the postal ballot-paper and, without
inspecting or unfolding it or allowing any other person to do
so, immediately deposit the folded postal ballot-paper in a
Part 4 Examination of postal ballot-papers and ballot-papers issued under section 25
or 36 of Act
Referendums Regulations 1998 7
locked or sealed ballot-box; and
(b) place the envelope from which the postal ballot-paper was
withdrawn in a parcel together with all other envelopes from
which postal ballot-papers were withdrawn in accordance with
paragraph (a).
(6) The Divisional Returning Officer must seal up the parcels referred
to in subregulations (4) and (5) and endorse on each parcel a
statement of its contents.
15 Examination of section 36 declarations
(1) The examination of declarations made under section 36 of the Act
is to be carried out in accordance with this regulation.
(2) The examination of declarations:
(a) is not be carried out until after the close of polling; and
(b) is to be carried out in the presence of those scrutineers that
choose to attend and any other persons approved by the
Divisional Returning Officer.
(3) The Divisional Returning Officer must produce unopened all
envelopes containing ballot-papers that bear declarations made
under section 36 of the Act and must examine each envelope.
(4) If satisfied that:
(a) the declaration on the envelope is properly signed and
attested; and
(b) the person who made the declaration is entitled to vote in
respect of, and, in the case of a person who made a
declaration under section 36(2) or (3) of the Act, enrolled for,
the division in respect of which the Divisional Returning Officer
is appointed,
the Divisional Returning Officer must:
(c) place a mark against the name of the person, other than a
person who made a declaration under section 36(1) of the Act,
on a certified list of voters to be used by the Divisional
Returning Officer for the purposes of the determination of the
results of the poll;
Part 4 Examination of postal ballot-papers and ballot-papers issued under section 25
or 36 of Act
Referendums Regulations 1998 8
(d) withdraw from the envelope the ballot-paper and, without
inspecting it or unfolding the ballot-paper or allowing any other
person to do so, immediately deposit the folded ballot-paper in
a locked or sealed ballot-box; and
(e) place the envelope from which the ballot-paper was withdrawn
in a parcel together with all other envelopes from which ballot-
papers were withdrawn in accordance with paragraph (d).
(5) If the Divisional Returning Officer is not satisfied of the matters
referred to in subregulation (4)(a) and (b) he or she must exclude
the ballot-paper from the determination of the results of the poll
without opening the envelope in which it is contained.
(6) The Divisional Returning Officer must place in a parcel the
unopened envelopes bearing declarations made under section 36
of the Act of those persons whose ballot-papers have been
excluded from the determination of the results of the poll.
(7) The Divisional Returning Officer must seal up the parcels referred
to in subregulations (4)(e) and (6) and endorse on each parcel a
statement of its contents.
(8) The Divisional Returning Officer must not exclude a ballot-paper
from the determination of the results of the poll by reason only that
the presiding officer of the polling place where the vote was cast
omitted to attest the declaration of the voter if the voter's name
appears on the record made and signed by the presiding officer in
accordance with section 36(4) of the Act.
16 Part-counting of votes
(1) It is not necessary for the Divisional Returning Officer, for the
purposes of regulations 13, 14 and 15, to receive all envelopes
containing postal ballot-papers or ballot-papers before he or she
proceeds to deal with those postal ballot-papers or ballot-papers, as
the case may be, in accordance with section 52(1) of the Act.
(2) However, sufficient uncounted postal ballot-papers or ballot-papers
must be kept in the ballot-box referred to in regulation 13(4)(e)
or 15(4)(d) to ensure that any postal ballot-papers or ballot-papers
that are taken from the ballot-box for the purpose of being counted
are taken from a number sufficient to prevent the identity of the
voters from being disclosed.
Part 5 Failure to vote
Referendums Regulations 1998 9
17 Omissions and errors in ballot-papers
Without limiting the Act or these Regulations:
(a) a postal ballot-paper is not to be counted if it is received by the
Divisional Returning Officer otherwise than in the envelope
bearing the postal vote certificate; and
(b) a ballot-paper is not to be counted if it is received by the
Divisional Returning Officer otherwise than in the envelope
bearing the declaration of the voter made under section 36 of
the Act.
18 Counting, &c., of postal votes and votes cast under
sections 25 and 36 of Act
For the purposes of section 52(3) of the Act, except to the extent
that a Divisional Returning Officer is required to comply with this
Part, Part 4 of the Act applies to ballot-papers and postal ballot-
papers within the meaning of regulation 11 as if:
(a) a reference in Part 4 of the Act to a ballot-paper is a reference
to a ballot-paper or a postal ballot-paper within the meaning of
regulation 11; and
(b) a reference in Part 4 of the Act to a ballot-box is a reference to
a ballot-box in which is deposited envelopes:
(i) bearing postal vote certificates;
(ii) containing ballot-papers issued under section 25 of the
Act; or
(iii) bearing declarations made under section 36 of the Act.
Part 5 Failure to vote
19 Reason for failure to vote
(1) As soon as practicable after a referendum, the Divisional Returning
Officer must prepare a list of electors for his or her division who
failed to vote at the referendum.
(2) Subject to the directions of the Chief Electoral Officer, the Divisional
Returning Officer must send a notice to each elector whose name
appears on the list referred to in subregulation (1) within 3 months
after the declaration of the poll.
Part 5 Failure to vote
Referendums Regulations 1998 10
(3) The notice:
(a) is to be sent by post; and
(b) is to require the elector to give an explanation of his or her
reasons for failing to vote at the referendum within 21 days
after receiving the notice.
(4) If a person to whom a notice under subregulation (2) is sent:
(a) does not give an explanation for not having voted within the
time specified in the notice; or
(b) gives an explanation that the Divisional Returning Officer does
not consider is a satisfactory explanation,
the Divisional Returning Officer must, by notice posted to the
person, advise the person accordingly and that legal proceedings
may be commenced against the person.
(5) If a person has not voted at a referendum because of his or her
religious beliefs:
(a) the person may give those religious beliefs as his or her
explanation for not having voted at the referendum; and
(b) the explanation is to be taken to be a satisfactory explanation
for not having voted at the referendum.
(6) A Divisional Returning Officer must keep a register for the division
for which he or she is appointed containing the name and address
of each person who has given his or her religious beliefs as an
explanation for not having voted at a referendum.
(7) The Divisional Returning Officer must send the explanation, if any,
of an elector given under this regulation to a court before which a
charge against the elector for failing to vote at a referendum is to be
heard.
(8) The court must consider the contents of the written explanation of
an elector given under this regulation as if it were given in evidence
before the court, whether or not the elector is present.
(9) If the elector attends the court and sets up a defence different in
substance from the explanation contained in the elector's written
explanation given under this regulation, the court must, if it
dismisses the complaint, do so without awarding the elector the
costs of his or her defence.
Part 5 Failure to vote
Referendums Regulations 1998 11
(10) If polling day for a referendum is the same as that fixed as polling
day for an election of a member of the Legislative Assembly, a
Divisional Returning Officer is not required to comply with this
regulation if he or she has complied with regulation 30 of the
Northern Territory Electoral Regulations 1995.
20 Court hearing
(1) A notice in accordance with this regulation is to be served on the
defendant in any proceedings referred to in regulation 19.
(2) The notice is to inform the defendant that he or she may:
(a) attend the court and answer the charges in person; or
(b) at any time not less than 7 days before the date fixed for the
hearing, lodge with or send by post to the prosecuting officer a
statutory declaration setting out any matter he or she wants to
set out in answer to the charge.
(3) A notice referred to in subregulation (1) may be written on the
summons or may be a separate document served with the
summons.
(4) If a statutory declaration is received by the prosecuting officer, he or
she must, as far as it is practicable to do, inquire into the truth of its
contents and must, unless the prosecution is withdrawn, bring the
declaration to the notice of the court.
(5) The court must consider the statutory declaration as if its contents
were given in evidence before it, whether or not the defendant is
present.
(6) If the defendant attends the court and sets up a defence different in
substance from the statement contained in the declaration, the
court must, if it dismisses the prosecution, do so without awarding
the defendant the costs of his or her defence.
(7) On the application of the prosecuting officer, the court may adjourn
the hearing for any period it thinks fit to enable the officer to answer
the declaration of the defendant.
Part 6 Miscellaneous
Referendums Regulations 1998 12
Part 6 Miscellaneous
21 Deferred counting of ballot-papers
(1) An officer conducting the determination of the results of a poll must
defer the counting of ballot-papers if the number of ballot-papers,
other than those referred to in section 52(1) of the Act, in a ballot-
box received by the officer is less than 100.
(2) The officer conducting the determination must place the ballot-
papers in a locked or sealed ballot-box kept for that purpose at the
place where the results of the poll are to be determined.
(3) Subject to subregulation (4), the ballot-papers are to be taken out of
the ballot-box referred to in subregulation (2) and counted when the
ballot-papers taken from 2 or more ballot-boxes and placed in that
ballot-box exceeds 100.
(4) If no more ballot-boxes are to be received at the place where the
results of a poll are to be determined, the ballot-box referred to in
subregulation (2) is to be opened and the ballot papers taken out
and counted.
22 Declaration of officers and scrutineers
(1) Each officer who assists in the conduct of a referendum and each
scrutineer must make and subscribe a declaration in accordance
with Form 3 in Schedule 1 before an adult witness.
(2) The omission of an officer or a scrutineer to make and subscribe a
declaration under this regulation is not grounds for setting aside a
referendum.
Schedule 1
Referendums Regulations 1998 13
Schedule 1
FORM 1
regulation 2
NORTHERN TERRITORY OF AUSTRALIA
Referendums Act 1998
POSTAL BALLOT-PAPER
(Your vote must not be marked hereon until you have first shown the ballot-
paper, unmarked, to the authorised witness)
Directions
Mark your vote on this ballot-paper by placing the word "YES" or " NO" in the
square opposite the question set out below; fold the ballot-paper, place it in
the envelope addressed to the Divisional Returning Officer and seal the
envelope.
(Here set out the question)
NOTE:
Unless:
(a) you have marked your vote on the ballot-paper before 6.00 p.m. on
polling day; and
(b) the postal ballot-paper is either delivered to a presiding officer before
6.00 p.m. on polling day or received by a Divisional Returning Officer
before 6.00 p.m. on the Friday next following polling day,
it will be excluded from the determination of the results of the poll.
Schedule 1
Referendums Regulations 1998 14
FORM 2
regulation 3
NORTHERN TERRITORY OF AUSTRALIA
Referendums Act 1998
BALLOT-PAPER
Directions
Mark your vote on this ballot-paper by placing the word "YES" or "NO" in the
square opposite the question set out below. Fold the ballot-paper and place it
in the ballot-box.
(Here set out the question)
Schedule 1
Referendums Regulations 1998 15
FORM 3
regulation 22
NORTHERN TERRITORY OF AUSTRALIA
Referendums Act 1998
DECLARATION TO BE MADE BY OFFICERS AND SCRUTINEERS
I,....................................................………………………………………………...,
of ...................................................………………………………………………..,
occupation .......................................……………………………………………....,
promise and declare that I will faithfully perform the duties of *officer/
scrutineer to the best of my understanding and ability, and that I will not
directly or indirectly attempt to influence the vote of any elector or, except by
recording my vote as permitted by law, the result of any referendum, and that I
will not disclose any knowledge in respect of the vote of an elector acquired
by me by reason of the performance of my duties, except in reply to a
question that I am legally bound to answer.
..............................……………..
(signature of *officer/scrutineer)
..............................…………….
(signature of witness)
Date ...................……………....., 19 .
(*strike out which inapplicable)
ENDNOTES
Referendums Regulations 1998 16
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Referendums Regulations (SL No. 35, 1998)
Notified 3 September 1998
Commenced 3 September 1998
Statute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)
Notified 7 July 2003
Commenced 7 July 2003
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 19 and sch 1.
4 LIST OF AMENDMENTS
r 12 amd Act No. 44, 2003, s 6
r 22 amd Act No. 40, 2010, s 202