Liquor (Referendum) Act 1954 (NSW)

LIQUOR (REFERENDUM) ACT.

Act No. 28, 1954.

An Act to provide for the submission to a referendum of the question of the hour at which certain premises subject to the provisions of the Liquor Act, 1912, as amended by subsequent Acts, shall close; and for purposes connected therewith. [Assented to, 8th October, 1954.]

lative Council and Legislative Assembly of New South	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-
Wales in Parliament assembled, and by the authority of the same, as follows :—

PART I.

PRELIMINARY.

1 . This Act may be cited as the "Liquor (Referendum) Act, 1954." 2 .

2 . This Act is divided into P a r t s as follows:—

P A R T	I . — P R E L I M I N A R Y .
P A R T	I I . — A P P L I C A T I O N OF PARLIAMENTARY E L E C ­

TORATES AND ELECTIONS A C T , 1 9 1 2 .

P A R T	I I I . — W R I T	FOR THE	REFERENDUM.
P A R T	I V . — V O T I N G	AT THE	REFERENDUM.

P A R T	V . — S C R U T I N E E R S .
P A R T	V I . — P R O C E E D I N G S AFTER CLOSE OF P O L L .
P A R T	V I I . — E L E C T O R A L COMMISSIONER TO ASCERTAIN

RESULT.

P A R T V I I I . — R E T U R N OF W R I T .

P A R T I X . — D I S P U T E D RETURNS.

P A R T	X . — R E G U L A T I O N S .
P A R T	X L — O F F E N C E S .

S C H E D U L E .

P A R T I I .

APPLICATION OF PARLIAMENTARY ELECTORATES AND

ELECTIONS A C T , 1 9 1 2 .

3 .     ( 1 ) I n this Act—

" E l e c t i o n " means an election of members of the

Legislat ive Assembly.

"L i censed p r e m i s e s " means premises licensed under

P a r t I I I of the Liquor Act, 1 9 1 2 , and includes

clubs reg is te red under tha t Act.

" R e f e r e n d u m " means the re fe rendum to be con­

ducted unde r this Act.

( 2 ) A reference in th is Act to the Liquor Act, 1 9 1 2 ,

shall be construed as a reference to t h a t Act as amended

by subsequent Acts .

(3) A reference in this Act to the P a r l i a m e n t a r y

Elec tora tes and Elect ions Act, 1 9 1 2 , shall be construed as a reference to tha t Act as amended by subsequent Acts .

The quest ion of the hour a t which licensed premises shall close shall be submit ted by way of a referendum to the electors qualified to vote for the election of members of the Legislat ive Assembly.

4 .

The question shall be so submit ted to the electors within six months after the date upon which the assent of He r Majes ty to this Act is signified.

5. (1) Subject to this Act the provis ions of the P a r ­ l i amenta ry Elec tora tes and Elect ions Act, 1912, and any regula t ions made thereunder shall, so far as they a re applicable, apply to and in respect of the re ferendum as if it were an election, and for the purposes of the referendum references in any such provis ion shall be read as follows:—

(a)	a reference to a writ shall be read as a
reference to the wr i t for the r e fe rendum;
(b)	a reference to a polling-day shall be read as a reference to the day fixed by the wr i t for the re ferendum for the tak ing of the votes of the e lectors ;
(c)	a reference to a poll shall be read as a reference to the taking of the votes of the electors for the
purposes of the r e fe rendum;
(d)	a reference to an election shall be read as a reference to the re fe rendum;
(e)	a reference to electoral matter or to electoral p a p e r s shall be read as a reference to corres­
re fe rendum; ponding m a t t e r or pape r s in relat ion to the
(f)	a reference to a ballot-paper, ballot-box, or other th ing shall be read as a reference to a ballot- paper , ballot-box, or cor responding th ing in
relat ion to the re fe rendum;
(g)	any reference to " t h i s A c t " or " t h i s P a r t " shall be read as a reference to the provis ions or P a r t , as the case may be, of the Act tha t a re or is applicable to the referendum.

(2)

(2) F o r the purposes of the referendum—

(a)	each returning officer shall, subject to the direct ions of the Elec tora l Commissioner, make the necessary a r r a n g e m e n t s for the taking of the votes of the electors in his electoral d i s t r i c t ;
(b)	a ballot-paper shall not be rejected as informal except for a reason specified in this Act or in
the regulat ions made t h e r e u n d e r ;
(c)	the vote of an elector shall be marked on his bal lot-paper in the manne r directed by this A c t ;
(d)	upon the adjournment of a poll by any deputy, such deputy shall for thwith give notice thereof
to the r e tu rn ing officer;
(e)	where any polling stands adjourned the return­ ing officer shall not t r ansmi t his s ta tement of the resul t of the vot ing in his d is t r ic t to the Elec tora l Commissioner unt i l the poll so ad journed has been finally closed and the ballot-
p a p e r s t r ansmi t t ed to the r e tu rn ing officer.

P A R T I I I .

W R I T FOR T H E REFERENDUM.

6. A wr i t for the re fe rendum may be issued by the Governor . The wri t shall be directed to the Elec tora l

Commissioner.

7. (1) The wr i t m a y be in or to the effect of the
F o r m A in the Schedule to this Act, and shall appoint a

day for tak ing the votes of the electors, and a day for

the r e t u r n of the wri t .

(2) The day appoin ted for tak ing the votes of the electors shall be a Sa tu rday , and shall be not la te r t h a n the fort ieth day from the da te of the issue of the writ .

8. The Elec tora l Commissioner shall for thwith af ter the receipt of the wr i t—

(a) endorse on the wr i t the date of receipt by h im;

(b)	cause to be inserted in the Gazette and in two or more newspapers c irculat ing in the S ta te a notification of the receipt of the wri t , and of the days appointed for the tak ing of the votes of the electors and for the r e t u r n of the w r i t ;
(c)	forward a copy of the writ to the returning officer for each electoral distr ict .

9. (1) A t the re ferendum only those electors who would be entit led to vote if the referendum were an election shall be admi t ted to vote.

(2) Nothing in this section shall be deemed to

entit le any person who is disqualified from vot ing to vote.

P A R T IV.

VOTING AT THE REFERENDUM.

10 . The voting a t the referendum shall, subject to this Act, be taken on the day appointed by the wr i t for tak ing the votes of the electors.

The polling places and subdivisions appointed and established under the laws for the t ime being in force re la t ing to elections shall be poll ing places and sub­

1 1 .

divisions for the purposes of the referendum.

1 2 . E a c h elector shall vote only once a t the

referendum.

1 3 . (1) The vot ing at the referendum shall be by

ballot.

(2) E a c h elector shall m a r k his vote by placing the number " 1 " in the square opposite the closing hour for which he desires to give his first preference vote, and the number " 2 " in the remain ing square .

1 4 .      (1) The bal lo t -papers to be used a t the referen­

dum, o ther than those to be used for vot ing by post , shall be in or to the effect of the F o r m B in the Schedule to this Act.

(2) F o r the purposes of vot ing under the provi­

sions re la t ing to vot ing by pos t contained in the Pa r l i a ­

m e n t a r y Elec tora tes and Elect ions Act, 1912, the form of bal lot-paper to be used a t the re ferendum shall be in or to the effect of the F o r m C in the Schedule to this Act.

P A R T V.

SCRUTINEERS.

1 5 . (1) Licensed publ icans ' o rganisa t ions , regis tered

c lubs ' organisa t ions , and temperance organisa t ions may

respect ively appoin t—

(a)	one scrutineer, but not more than one, for any polling booth, and one scrut ineer , but not more than one, to act as such a t the taking of votes by each electoral vis i tor appointed under the provisions of section 114o of the P a r l i a m e n t a r y Elec tora tes and Elect ions Act, 1912;
(b)	such number of scrutineers as may be prescribed by regula t ions made under this Act to be presen t at any count or recount, as the case may be, conducted by the r e tu rn ing officer in pursuance
of section sixteen or twenty-two of this Act.

F o r the purposes of this subsection each place or table
a t which a r e tu rn ing officer or a deputy r e tu rn ing officer
pres ides shall be deemed to be a separa te polling booth.

(2) Any person who presen ts himself as a scrut ineer shall satisfy the r e tu rn ing officer or depu ty r e tu rn ing officer or electoral visitor, as the case may be, t ha t he is an au thor i sed represen ta t ive of the organisa- lionc on behalf of which he claims to act.

(3)

(3) W h e r e two or more persons claim to act a s

the scrut ineer or scrut ineers appoin ted by the

licensed publ icans ' organisa t ions , the regis tered c lubs ' organisa t ions , or the temperance organisa t ions , and a dispute ar i ses as to the person or persons enti t led so to act, the r e tu rn ing officer, or deputy r e tu rn ing officer, or electoral visitor, as the case may be, shall decide who shall act, and his decision shall be final.

(4) E v e r y scrut ineer before act ing as such shall make and sign before the r e tu rn ing officer, or deputy r e tu rn ing officer, or electoral visi tor , as the case may be, a declarat ion in or to the effect of the form prescr ibed by regula t ions made under this Act.

(5) The r e tu rn ing officer for any dis t r ic t shall

on receipt of a wr i t ten request in tha t behalf f rom a licensed publ icans ' organisat ion, a regis tered c lubs ' organisat ion, or a temperance organisa t ion furnish to such organisat ion the name and address of every person appointed by him to be an electoral vis i tor in the referen­ dum, together wi th the name of the subdivision for which each such person has been so appointed.

A n electoral vis i tor shall, a t the request of any scru­ t ineer duly appointed to act as such a t the taking of votes by t ha t electoral vis i tor and af ter the scrut ineer has completed the declarat ion re fer red to in subsection four of this section, as far as is reasonably pract icable furnish such scrut ineer with informat ion as to the electors whom the electoral visi tor proposes to visit , and the t imes and places at which he proposes to make such visi ts .

P A R T V I .

PROCEEDINGS AFTER CLOSE OF P O L L .

16 . As soon as is pract icable after the close of the poll the r e tu rn ing officer and every depu ty a t the polling place a t which each pres ides shall, in the presence and subject to the inspection of such of the scrut ineers as choose to be present , and the poll clerk (if a n y ) , but of

no

no other persons , open the ballot-box and proceed to count the number of first preference votes recorded for each closing hour .

17 . (1) A bal lot-paper shall be informal if—

(a)	it is not duly signed or initialled by the return­ ing officer or deputy r e tu rn ing officer by whom it was i ssued; or
(b)	it is not duly signed by the electoral visitor by whom it was i ssued; or
(c)	the voter has failed to indicate the number of his preference in respect of ei ther of the closing
hours set out on the ba l lo t -paper ; or
(d)	it has upon it any mark or writing not auth­ orised by th is Act to be pu t upon it, which, in the opinion of the r e tu rn ing officer, will enable any person to identify the voter .

(2) In formal bal lo t -papers shall be rejected at

the scrut iny.

1 8 . (1) Notwi ths tanding any th ing to the con t r a ry in

this Act a bal lot-paper shall not, by reason of any mark­ ing thereon not author ised or requi red by this Act be t r ea ted as informal, or be rejected a t the scrut iny if, in the opinion of the r e tu rn ing officer, the vo t e r ' s in tent ion is clearly indicated on the bal lot-paper .

(2) Notwi ths tanding any th ing to the con t ra ry in

this Act a bal lot-paper shall no t be informal by reason

placing in one square the number " 1 " and by leaving

only of the fact tha t the voter has recorded his vote by

the other square blank.

Immedia te ly af ter ascer ta in ing the total

of first preference votes recorded in favour of each
closing hour, each deputy shall make up—

number

1 9 .

(a) in one parcel, the ballot-papers which have been used in vot ing at his polling booth du r ing the re fe rendum;

(b)

(b)	in a second separate parcel, the ballot-papers
which have remained unused t he r ea t ;
(c)	in a third separate parcel, the certified copies of rolls supplied to the said deputy , signed by him, and all books, rolls, and pape r s kept or used by him dur ing the pol l ing;

and shall seal up the said several pa rce l s ; and shall permi t any of the scrut ineers who may desire to do so to affix his or thei r seals to such parcels , and shall endorse the same severally with a descript ion of the contents

thereof, and with the name of the dis t r ic t and polling
place, and the da te of the pol l ing; and sign with his name the said endorsement ; and shall t r ansmi t the said

parcels to the r e tu rn ing officer.

E a c h deputy shall, together with the parcels afore­ said, t r ansmi t to the r e tu rn ing officer a list of the total number of first preference votes recorded for each closing hour, and also an account in which such depu ty shall charge himself with the number of bal lot-papers origin­ ally delivered to him, and the number (if any) wri t ten out by him, specifying there in the number thereof delivered to and used by voters and the number not so delivered or left unused ; and every such list and account respectively shall be verified as well by the s igna tures of the said deputy and the poll clerk (if any) as also by the s ignatures of such of the scrut ineers as a re presen t and consent to sign the same.

2 0 .

The r e tu rn ing officer shall, in respect of the poll­ ing booth at which he himself has presided, make up in

2 1 .

separa te parcels in like manner as is here in requi red of

deputy r e tu rn ing officers, all bal lo t -papers used or un­

used, and all books, rolls, and p a p e r s kept or used by him a t such poll ing booth ; and shall seal u p and also permi t to be sealed up by the scrut ineers , and shall endorse in like manner as aforesaid the several pa rce l s ; and shall also make out in respect of the said booth the like l ist as is here in requi red in the case of deputy re tu rn ing officers, which said list shall be verified by the s igna ture of the r e tu rn ing officer, the poll clerk (if any) and scrut ineers in the manner aforesaid.

2 2 .      (1) The r e tu rn ing officer shall, as soon as p rac ­

ticable af ter the close of the poll, in the presence of such of the scrut ineers as choose to be present , and with such ass is tance as he m a y deem necessary, proceed to count the number of first preference votes recorded for each closing hour on all bal lo t -papers (not rejected as in formal ) , used in connection with the poll for h is distr ict .

(2) The r e tu rn ing officer shall as soon as is p rac ­

ticable af ter the count has been completed—

(a) prepare and sign and permit to be signed by such of the scrut ineers as a r e p resen t and wish to sign the same a certificate se t t ing out in relat ion to the votes recorded for his dis t r ic t—

(i)   the number of first preference votes recorded for each closing h o u r ;

(ii)   the number of ballot-papers rejected as in formal ;

(b) t r ansmi t such certificate to the Elec tora l

Commiss ioner ;

(c)	(i)	arrange the used ballot-papers (not rejected as informal) under the respective closing hours by placing in separa te parcels all those pape r s for which the first preference is given for the same closing h o u r ;
(ii)	place in a separate parcel all ballot-papers rejected as in formal ;

(iii)   place in a further separate parcel all envelopes used in the poll ing which bea r pos ta l vote certificates, certificates of elec­ to r s vot ing under the provis ions of section 114o of the P a r l i a m e n t a r y Elec tora tes and Elect ions Act, 1912, absent v o t e r s ' declara­ t ions, and declara t ions made in pursuance of the provis ions of section one hundred and six of the P a r l i a m e n t a r y Elec tora tes and Elect ions Act, 1912, and of regulat ion eleven under tha t Act ( including any such

envelopes

envelopes which have been rejected un­ opened at the scrut iny and still contain ba l lo t -pape r s ) ;

(d)	make up in one packet all the parcels referred
to in p a r a g r a p h (c) of this subsection;
(e)	place in a second packet all ballot-papers which have been p r in t ed or wr i t ten for the poll in his dis t r ic t and not used by the r e tu rn ing officer or his deput ies or electoral vis i tors , or not dis t r i ­ buted for use to his deput ies or electoral vis i tors , together with those bal lot-papers which have been spoilt in the pol l ing;
(f)	place in a third packet all such rolls, books or other p a p e r s used in the polling and no t included in a packet re fer red to in p a r a g r a p h (d) or (e) of this subsection and which, if the refer­ endum were an election, would be requi red under the provis ions of the P a r l i a m e n t a r y Electora tes and Elect ions Act, 1912, to be for­ warded by the r e tu rn ing officer to the Clerk of the Legislat ive Assembly;
(g)	seal up, in the presence of any of the scrutineers who may at tend, each of the packets re fe r red to in p a r a g r a p h s (d ) , (e) and (f) of this sub­ section and endorse the same with a descr ipt ion of the contents thereof respectively, the name of the dis t r ic t and the date of the polling, and sign with his name the said endorsement and permi t any of the scrut ineers who m a y wish to do so to affix thei r sea l s :
P rov ided tha t the r e tu rn ing officer shall not seal up the packets re fe r red to in p a r a g r a p h s (d) and (f) of this subsection unt i l he has car r ied out an invest igat ion for the purpose of ascer ta in ing whether p lu ra l vot ing or personat ion has been prac t i sed in the pol l ing:
(h)	retain the said packets in safe custody until ins t ruc ted by the Elec tora l Commissioner in accordance with section twenty-four of this Act.

(3)

(3) I t shall be permissible for the r e tu rn ing officer to accept informat ion as to the votes polled a t Lord Howe Is land which is t r ansmi t t ed to h im by cable or wireless and which he is satisfied is authent ic in lieu of the list re fe r red to in section twenty of this Act.

(4) (a) A t any t ime before endors ing the wr i t the Elec tora l Commissioner may, if he thinks fit ( and shall, if so directed by the Governor ) , direct the r e tu rn ­ ing officer for any dis t r ic t to make a recount of all the bal lot-papers re la t ing to his dis tr ic t , or any designated section of them, and thereupon the r e tu rn ing officer shall, a f ter notifying the scrut ineers , if any, of his intent ion so to do, make such recount accordingly and include the resul t in the certificate re fe r red to in subsection two of

th is sect ion:

P rov ided tha t if such certificate has a l ready been t r ans ­ mit ted to the Elec tora l Commissioner , the r e tu rn ing officer shall p r e p a r e and sign and pe rmi t to be signed by such of the scrut ineers as a re p resen t a t the recount and wish to sign the same a fu r the r certificate se t t ing out in relat ion to the votes recorded for his d is t r ic t—

(i)   the number of first preference votes recorded for each closing hour , as amended by the recount ;

(ii) the number of bal lo t -papers rejected as

informal , as amended by the recount.

Such fu r ther certificate shall be immediate ly t r ans ­ mit ted by the r e tu rn ing officer to the Elec tora l Commis­ sioner, and when received by the Elec tora l Commissioner shall replace the ear l ier certificate t r ansmi t t ed by the same r e t u r n i n g officer, which ear l ie r certificate the

Electoral Commissioner shall for thwi th cancel.

(b) The r e tu rn ing officer conduct ing a re­ count shall have the same powers as if the recount were the scrut iny, and m a y reverse any decision in re la t ion to the scru t iny as to the allowance or admission or dis­ allowance or rejection of any bal lot-paper . H e may also, for the purposes of the recount, b reak the seal of any packet which has been sealed u p in accordance with the provis ions of subsection two of th is section, but shall

af ter

af ter complet ing the recount reseal and endorse such packet and pe rmi t the scrut ineers to affix their seals there to in accordance with such provisions.

P A R T V I I .

ELECTORAL COMMISSIONER TO ASCERTAIN RESULT.

2 3 . (1) Upon receipt of the certificates t r ansmi t t ed

to h im p u r s u a n t to p a r a g r a p h (b) of subsection two and p a r a g r a p h (a) of subsection four of section twenty- two of this Act, the Elec tora l Commissioner shall with such assis tance as he may deem necessary proceed to ascer ta in the resul t of the referendum in accordance wi th this section.

(2) The aggrega te number of first preference votes recorded th roughout the S ta te for each closing hou r shall be ascer ta ined by add ing together the respec­ t ive numbers of such votes shown in the certificates (o ther than the certificates cancelled by the Elec tora l Commissioner p u r s u a n t to subsection four of section twenty-two of this Act) t r ansmi t t ed to the Elec tora l Commissioner by all the r e tu rn ing officers in pursuance of the provis ions of the said section.

(3) The closing hour in respect of which the
l a rger number of first preference votes has been
recorded, shall be the closing hour chosen by the electors.

2 4 .     The Elec tora l Commissioner shall, being satisfied

in re la t ion to any electoral d is t r ic t t h a t no fu r ther

recount ing of bal lo t -papers for t ha t d is t r ic t will be

necessary, ins t ruc t the r e tu rn ing officer for the dis t r ic t

t ha t he may dispose of the bal lot-papers , rolls and other

ma te r i a l s used in the referendum.

Thereupon the r e t u r n i n g officer shall fo rward to the

Clerk of the Legislat ive Assembly, to be by him safely kept unt i l the dissolution of Pa r l i amen t , the packets re fer red to in p a r a g r a p h s (d ) , (e) and (f) of subsection two of section twenty-two of th is Act, sealed, endorsed and signed in accordance with p a r a g r a p h (g) of tha t subsection.

P A R T

P A R T V I I I .

RETU RN OF W R I T .

2 5 . (1) The Elec tora l Commissioner shall endorse on the wr i t a s ta tement se t t ing out the closing hour which has been chosen by the electors, as ascer ta ined in accord­ ance with this Act, and shall sign the s ta tement and shall r e t u r n the wr i t with the s ta tement endorsed thereon to the Governor.

(2) The Elec tora l Commissioner shall cause a copy of the s ta tement to be published in the Gazet te ; and the s ta tement so published shall, subject to this Act, be conclusive evidence of the resul t of the referendum.

P A R T I X .

DISPUTED R E T U R N S .

Any quest ion respect ing the val idi ty of the refer­ endum, or of any r e t u r n or s ta tement showing the vot ing on the referendum, may be re fe r red by resolution of the Legislat ive Council or of the Legislat ive Assembly to the Supreme Court , and the Supreme Cour t shall have jur isdic t ion to hea r and determine the question.

2 6 .

2 7 . Where any question is re fer red to the Supreme Cour t under this P a r t , the P res iden t of the Legislat ive Council or the Speaker of the Legis la t ive Assembly (as the case m a y be) shall t r ansmi t to the P r o t h o n o t a r y a s ta tement of the question upon which the de terminat ion

of the Cour t is desired.

2 8 . The Supreme Court , in relat ion to a reference under this P a r t , shall sit as in open court , and shall have the powers conferred by the P a r l i a m e n t a r y Elec­ to ra tes and Elect ions Act, 1912, on the Cour t of Disputed

Re tu rns , so f a r as they a r e applicable.

The Elec tora l Commissioner shall be enti t led and the Supreme Cour t may allow any other person to be represented and hea rd upon the hea r ing of the reference.

2 9 .

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

31. After hearing and determination of any reference under this Par t the Prothonotary shall forthwith for­ ward to the Clerk of the Parliaments or to the Clerk of the Legislative Assembly, as the case may be, a copy of the determination of the Supreme Court.

32. The referendum or any return or statement show­ ing the voting on the referendum shall not 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:

Provided that where any elector was, on account of the absence or error of or omission by any officer, pre­ vented from voting at the referendum, the 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.

P A R T X .

REGULATIONS.

33. (1) The Governor may make regulations not inconsistent with this Act prescribing all matters which	are required to be prescribed or which are necessary or
convenient to be prescribed for carrying out or giving effect to this Act.
(2) Where the time allowed to do any act 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.

(3)

(3) The regulations shall be published in the
Gazette and shall take effect from the date of publica­
tion or from a later date to be specified in the regulations.
(4) The regulations shall be laid before both
Houses of Parliament within fourteen sitting days after
publication if Parliament is in session, and if not then

within fourteen sitting days after the commencement of

the next session.

(5) If either House of Parliament passes a resolu­ tion of which notice has been given at any time within fifteen sitting days after the regulations have been laid before such House disallowing any regulation or part

thereof, such regulation or part shall thereupon cease

to have effect.

PART XI.

OFFENCES.

34. The provisions of this Part shall be construed as being in addition to such of the provisions of the Parlia­ mentary Electorates and Elections Act, 1912, as are applicable to the referendum.

35. Any person who, after the issue of a writ for the referendum and before the votes have been taken in pursuance thereof, supplies to an elector any meat, drink, or entertainment, or horse or carriage hire, 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 two hundred pounds or imprison­
ment for one year.
36. Any 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 any elector or any other person—

(a) in order to influence the elector in his vote in connection with the referendum; or

(b)

(b)	in order to induce the elector to refrain from voting at the referendum; or
(c)	in order to induce the elector to support or oppose any closing hour,

shall be guilty of an offence, and shall be liable to a penalty not exceeding two hundred pounds or imprison­ ment for one year.

37. Any 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 connec­ tion with the referendum shall be influenced thereby, or shall be given in any particular manner, or that he will refrain from voting at the referendum, or that he will support or oppose any closing hour submitted or to be submitted to the electors at the referendum shall be guilty of an offence, and shall be liable to a penalty not exceeding two hundred pounds or imprisonment for one year.

38. Any person who—

(a) threatens, offers, or suggests any violence, in­ jury, 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 the referendum; or

(ii)   in order to induce the elector to refrain

from voting at the referendum; or

(iii)   in order to induce the elector to support or oppose any closing hour submitted or to be submitted to the electors at the referendum; or

(b) uses, causes, inflicts, or procures any violence, injury, punishment, damage, loss or disadvan­ tage 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

shall be guilty of an offence, and shall be liable to a penalty not exceeding two hundred pounds or imprison­ ment for one year.

39. (1) Every person who—

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

shall be guilty of an offence, and shall be liable to a
penalty not exceeding one hundred pounds.

(2) This section shall not prevent the printing, publishing or distributing of any advertisement or docu­ ment (not otherwise illegal) which contains instructions how to vote in favour of or against any closing hour sub­ mitted or to be submitted to the electors at the referen­ dum, if those instructions are not intended or likely to mislead any elector in or in relation to the casting of his vote.

(1) Any 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 five pounds.

40.

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

SCHEDULE.

SCHEDULE.

FORM A .

Writ for the Referendum.

HER MAJESTY THE QUEEN.

To the Electoral Commissioner for New South Wales, and to all

others whom it may concern:
G R E E T I N G :

We command you that you cause to be submitted, according to law to the electors qualified to vote for the election of Members of the Legislative Assembly the question of the hour at which premises licensed under Par t I I I of the Liquor Act, 1912, as amended by subsequent Acts, and clubs registered under that Act as so amended shall close. And we appoint the following dates for the purposes of the said submission :—

1. For taking the votes of the electors the

day of 1 9 .

2. For the return of the writ on or before the

day of 1 9 .

Witness (here insert Governor's title and the date).

Governor.

By His Excellency's Command.

FORM B .

Ballot-paper.

LIQUOR (REFERENDUM) ACT, 1954.

Referendum on Closing Hours.

Electoral District for which voter is enrolled

DIRECTIONS TO ELECTOR.

The elector shall indicate his vote by placing the number " 1 " in the square opposite the closing hour for which he desires to give his first preference vote, and the number "2" in the remaining square.

Order of preference. Closing hour.

Six o'clock p.m. Ten o'clock p.m.

FORM

FORM C.

Postal Ballot-paper.

LIQUOR (REFERENDUM) ACT, 1954.

Referendum on Closing Hours.

Electoral District for which Postal Voter is enrolled

The elector must not mark his vote hereon until after he has

first exhibited the ballot-paper (unmarked) to the authorised witness.

DIRECTIONS TO ELECTOR.

The elector shall indicate his vote by placing the number " 1 " in
the square opposite the closing hour for which he desires to give his

first preference vote, and the number "2" in the remaining square.

Order of preference. Closing hour.

• Six o'clock p.m.

• Ten o'clock p.m.