Referendum (Machinery Provisions) Act 1984 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Referendum (Machinery Provisions) Act 1984 .
This Act shall come into operation on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
absent voter means an elector voting or desiring to vote pursuant to section 46 other than at a polling place appointed for the Division for which the elector is enrolled.absent voting means voting as an absent voter pursuant to section 46.Antarctica means the Australian Antarctic Territory and includes:(a) the Territory of Heard Island and McDonald Islands; and
(b) Macquarie Island.
Antarctic elector means an elector who is, in the course of the elector’s employment:(a) in Antarctica; or
(b) on a ship at sea in transit to or from Antarctica.
approved form means:(a) a form that:
(i) is approved by the Electoral Commissioner in writing; and
(ii) has been published by the Electoral Commissioner; or
(b) a manner, approved by the Electoral Commissioner in writing, for giving a notice (however described).
Note 1: An approved form under paragraph (a) might be published by the Electoral Commissioner on the Electoral Commission’s website.
Note 2: An example of an approved form under paragraph (b) is giving a notice by using a specified web portal.
approved list of voters for a Division means a list in electronic form that:(a) contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and
(b) is approved by the Electoral Commissioner for use in connection with voting under this Act.
Assistant Divisional Returning Officer means an Assistant Divisional Returning Officer appointed under section 34 of theCommonwealth Electoral Act 1918 .Assistant Returning Officer means a person appointed to be an Assistant Returning Officer under section 6 of this Act or, where the voting day for a referendum is the same as that fixed for the polling at an election, under section 33 of theCommonwealth Electoral Act 1918 .Australia includes:(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
Australian Capital Territory includes Norfolk Island and the Jervis Bay Territory.Australian Electoral Officer means:(a) an Australian Electoral Officer for a State; or
(b) the Australian Electoral Officer for the Australian Capital Territory; or
(c) the Australian Electoral Officer for the Northern Territory.
Australian Electoral Officer for a State means an Australian Electoral Officer for a State referred to in section 20 of theCommonwealth Electoral Act 1918 .Australian Electoral Officer for a Territory means an Australian Electoral Officer for a Territory appointed under section 5 of this Act or, where the voting day for a referendum is the same as that fixed for the polling at an election, under section 30 of theCommonwealth Electoral Act 1918 .Australian Electoral Officer for the Australian Capital Territory means the Australian Electoral Officer for the Australian Capital Territory appointed under:(a) section 5 of this Act; or
(b) if the voting day for a referendum is the same as that fixed for the polling at an election—section 30 of the
Commonwealth Electoral Act 1918 .
Australian Electoral Officer for the Northern Territory means an Australian Electoral Officer for the Northern Territory referred to in section 20 of theCommonwealth Electoral Act 1918 .authorized witness , in relation to any act or thing done by a person for the purposes of voting at a referendum, means:(a) in a case to which paragraph (b) does not apply—an elector; or
(b) in the case of an act or thing done outside Australia:
(i) an elector;
(ii) an officer of the Defence Force or of the naval, military or air forces of a Commonwealth country;
(iii) a member of the civil or public service of a State or Territory or of a Commonwealth country;
(iiia) a person appointed or engaged under the
Public Service Act 1999 ; or(iv) a justice of the peace for, or a minister of religion or medical practitioner resident in, a State or Territory or a Commonwealth country; or
(v) an Australian citizen.
For the purposes of this definition,
Commonwealth country means a political entity, or part of a political entity, that is a member of the international organisation known as the Commonwealth of Nations.capital city office of the Electoral Commission has the meaning given by subsection 90A(3) of theCommonwealth Electoral Act 1918 .carriage service provider has the meaning given by section 87 of theTelecommunications Act 1997 .certified list of voters , in respect of a Division, means a list prepared and certified under subsection 22(1).civil penalty provision has the meaning given by the Regulatory Powers Act.compartment means:(a) in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 20; and
(b) in relation to a place at which pre‑poll ordinary voting is available—a compartment constructed in the place pursuant to section 73CE.
Note: For the places at which pre‑poll ordinary voting is available, see section 73CD.
constable means a member or a special member of the Australian Federal Police or a member of the Police Force of a State or Territory.Controller‑General of Prisons , in relation to a State or Territory, means the official having control of the prisons of the State or Territory.courier service means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner.declaration vote means:(a) a postal vote;
(b) a pre‑poll declaration vote;
(c) an absent vote; or
(d) a provisional vote.
Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19 of theCommonwealth Electoral Act 1918 .designated elector means an elector in relation to whom a declaration under subsection 202AH(1) of theCommonwealth Electoral Act 1918 is in effect.disclosure threshold has the meaning given by Part XX of theCommonwealth Electoral Act 1918 .Division means an Electoral Division created pursuant to theCommonwealth Electoral Act 1918 for the election of a member of the House of Representatives.Divisional Returning Officer means a Divisional Returning Officer referred to in section 32 of theCommonwealth Electoral Act 1918 .DRO means Divisional Returning Officer.election means an election of a Member of the House of Representatives or an election of Senators for a State or Territory.elector means a person whose name appears on a Roll as an elector.Electoral Commission means the Australian Electoral Commission established by section 6 of theCommonwealth Electoral Act 1918 .Electoral Commissioner means the Electoral Commissioner referred to in section 18 of theCommonwealth Electoral Act 1918 .eligible overseas elector means an elector who is entitled under theCommonwealth Electoral Act 1918 to be treated as an eligible overseas elector for the purposes of that Act.foreign campaigner has the meaning given by theCommonwealth Electoral Act 1918 .foreign donor has the meaning given by section 287AA of theCommonwealth Electoral Act 1918 .gift has the meaning given by Part XX of theCommonwealth Electoral Act 1918 .hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home.Immigration Department means the Department administered by the Minister administering theMigration Act 1958 .itinerant elector means an elector who is entitled under section 96 of theCommonwealth Electoral Act 1918 to be treated as an itinerant elector for the purposes of that Act.listed carriage service has the meaning given by section 16 of theTelecommunications Act 1997 .mobile polling team leader means a mobile polling team leader appointed under section 51.mobile polling team member means a mobile polling team member appointed under section 51.Northern Territory includes the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.officer includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre‑poll voting officer, a mobile polling team leader and a mobile polling team member, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under section 138.polling booth means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place for the purpose of taking votes at a referendum.polling official means a deputy presiding officer or an assistant presiding officer.polling place means a place appointed as a polling place pursuant to paragraph 80(1)(a) of theCommonwealth Electoral Act 1918 .postal voting means voting pursuant to Part IV.pre‑poll declaration vote : see subsection 71A(2).pre‑poll ordinary vote : see subsection 71A(2).pre‑poll voting office for a referendum means a place declared by the Electoral Commissioner under subsection 73AA(1) to be a pre‑poll voting office for the referendum.provisionally enrolled has the meaning given by subsection (1A).referendum means the submission to the electors of a proposed law for the alteration of the Constitution.referendum entity means a person or entity that incurs referendum expenditure during a referendum expenditure period that exceeds the disclosure threshold.referendum expenditure has the meaning given by section 3AAA.referendum expenditure period means the period:(a) starting on the day that is 6 months before the writ for a referendum is issued; and
(b) ending on the voting day for the referendum.
referendum matter has the meaning given by section 3AA.referendum period , in relation to a referendum, means the period commencing on the day of the issue of the writ for the referendum and ending at the latest time on the voting day for the referendum at which an elector in Australia could enter a polling booth for the purpose of voting at the referendum.registered medical practitioner means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners.Regulatory Powers Act means theRegulatory Powers (Standard Provisions) Act 2014 .Roll means a roll of electors kept pursuant to theCommonwealth Electoral Act 1918 .scheme has the meaning given by Part XX of theCommonwealth Electoral Act 1918 .Subdivision means a Subdivision of a Division referred to in paragraph 79(1)(a) of theCommonwealth Electoral Act 1918 .substitute presiding officer means a person holding an appointment under section 18.Territory means the Australian Capital Territory or the Northern Territory.video recording includes a video recording that is recorded on means other than a videotape.voting day , in relation to a referendum, means the day fixed for the taking of the votes for the purposes of the referendum.(1A) A person is
provisionally enrolled if:(a) the person is provisionally enrolled under section 99B of the
Commonwealth Electoral Act 1918 ; or(b) the person is provisionally enrolled under section 38 of this Act.
(2) In this Act, unless the contrary intention appears:
(a) a reference to a Division shall be read as including a reference to the Northern Territory; and
(b) a reference to a Subdivision shall be read as including a reference to a District of that Territory.
(3) This Act extends to:
(a) Norfolk Island; and
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.
(4) In relation to a matter concerning an elector or any other matter arising under this Act, a provision of this Act that includes the expression “the Australian Electoral Officer” without words relating the expression to a particular State or Territory shall be read as referring to the Australian Electoral Officer for the State or Territory for which the elector is enrolled or in which the matter arises, as the case requires.
(5) In relation to a matter concerning an elector or any other matter arising under this Act, a provision of this Act that includes the expression “the Divisional Returning Officer” without words relating the expression to a particular Division shall be read as referring to the Divisional Returning Officer for the Division for which the elector is enrolled or in which the matter arises, as the case requires.
(6) In this Act:
(a) a reference to a postal vote certificate printed on an envelope is taken to include a reference to a postal vote certificate that is placed inside an envelope; and
(b) a reference to an envelope on which a postal vote certificate is printed is taken to include a reference to an envelope that has a postal vote certificate placed inside.
(1) Referendum matter means matter communicated or intended to be communicated for the dominant purpose of influencing the way electors vote at a referendum.(2) For the purposes of subsection (1), each creation, recreation, communication or recommunication of matter is to be treated separately for the purposes of determining whether matter is referendum matter.
Note: For example, matter that is covered by an exception under subsection (5) when originally communicated may become referendum matter if recommunicated for the dominant purpose referred to in subsection (1).
(3) If more than one proposed law for the alteration of the Constitution is submitted to electors on a day, the dominant purpose of the communication or intended communication of matter is to be determined as if all of the proposed laws submitted to electors on that day were a single referendum.
Rebuttable presumption for matter that expressly promotes or opposes a proposed law (4) Without limiting subsection (1), the dominant purpose of the communication or intended communication of matter that expressly promotes or opposes a proposed law for the alteration of the Constitution, to the extent that the matter relates to a referendum, is presumed to be the purpose referred to in subsection (1), unless the contrary is proved.
Matters to be taken into account (5) Without limiting subsection (1), the following matters must be taken into account in determining the dominant purpose of the communication or intended communication of matter:
(a) whether the communication or intended communication is or would be to the public or a section of the public;
(b) whether the matter contains an express or implicit comment on a proposed law for the alteration of the Constitution;
(c) whether the communication or intended communication is or would be received by electors near a polling place;
(d) how soon a referendum is to be held after the creation or communication of the matter;
(e) whether the communication or intended communication is or would be unsolicited.
Exception (6) Despite subsections (1) and (4), matter is not
referendum matter if the communication or intended communication of the matter:(a) forms or would form part of the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or
(b) is or would be by a person for a dominant purpose that is a satirical, academic, educative or artistic purpose, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or
(c) is or would be a private communication by a person to another person who is known to the first person; or
(d) is or would be by or to a person who is a Commonwealth public official (within the meaning of the
Criminal Code ) in that person’s capacity as such an official; or(e) is or would be a private communication to a political entity (who is not a Commonwealth public official), within the meaning of the
Commonwealth Electoral Act 1918 , in relation to public policy or public administration; or(f) occurs or would occur in the House of Representatives or the Senate, or is or would be to a parliamentary committee.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the
Criminal Code and section 96 of the Regulatory Powers Act).
(1) Referendum expenditure means expenditure incurred for the dominant purpose of creating or communicating referendum matter, except to the extent that the expenditure is incurred by a person or entity (theservice provider ):(a) in providing a communication service or communication platform that is used to create or communicate referendum matter; or
(b) in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate referendum matter.
(2) Expenditure may be referendum expenditure whether the expenditure is incurred for the dominant purpose of creating or communicating particular referendum matter or referendum matter generally.
Note 1: For example, expenditure incurred in relation to the communication of referendum matter for which particulars are required to be notified under section 110C is referendum expenditure.
Note 2: Expenditure by a person who creates matter that is covered by an exception under subsection 3AA(6) is not referendum expenditure. However, as each creation or communication of matter is treated as separate matter under subsection 3AA(2), expenditure incurred by another person who communicates the same matter for the dominant purpose referred to in subsection 3AA(1) may be referendum expenditure.
(3) If more than one proposed law for the alteration of the Constitution is submitted to electors on a day, referendum expenditure is to be determined by reference to the total expenditure incurred in relation to all of the proposed laws submitted to electors on that day.
This Act extends to officers outside Australia.
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence.
Chapter 2 of the
Criminal Code applies to all offences against this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
(1) An elector is entitled to vote at a referendum where, if the referendum were an election, the elector would be entitled to vote at the election.
(2) For the purposes of voting at a referendum:
(a) applications or claims for enrolment, or transfer of enrolment, under the
Commonwealth Electoral Act 1918 (including applications or claims to which subsection 99B(6) or 100(2) of that Act apply) that are received during the period (thesuspension period ):(i) starting at 8 pm on the day of the close of the Rolls for a referendum; and
(ii) ending on the close of voting at the referendum;
must not be considered until after the end of the suspension period; and
(aa) a name must not be deleted from a roll or entered on another roll under section 103A of the
Commonwealth Electoral Act 1918 during the suspension period; and(ab) a name must not be entered on a roll under section 103B of the
Commonwealth Electoral Act 1918 during the suspension period; and(b) a name must not be removed from a roll under section 118 of the
Commonwealth Electoral Act 1918 during the suspension period.
(1) The Electoral Commission must, for the purposes of each referendum, appoint an Australian Electoral Officer for the Australian Capital Territory and such an appointment terminates upon the completion of the referendum.
(2) The Electoral Commission may appoint a person to act as Australian Electoral Officer for the Australian Capital Territory during any period, or during all periods, when the Australian Electoral Officer for the Australian Capital Territory is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901 .
(1) The Electoral Commissioner may, for the purposes of a referendum, appoint a person to be an Assistant Returning Officer.
(2) A person appointed to be an Assistant Returning Officer may, subject to the control of the Electoral Commissioner, perform such functions and exercise such powers as are conferred on the person by this Act.
(3) An appointment under subsection (1) terminates upon completion of the referendum.
(4) An Assistant Divisional Returning Officer for a Subdivision may, subject to the directions of the Divisional Returning Officer for the Division in which the Subdivision is situated, perform the functions and exercise the powers of the Divisional Returning Officer in relation to that Subdivision.
(1) The Electoral Commissioner may, in writing, authorise one or more persons who are members of the staff of the Electoral Commission to exercise or perform:
(a) in relation to one or more specified Divisions, powers, functions or duties that are conferred on a Divisional Returning Officer for those Divisions; or
(b) in relation to one or more specified Subdivisions, powers, functions or duties that are conferred on an Assistant Divisional Returning Officer for those Subdivisions.
(2) An authorisation:
(a) may be made subject to conditions or limitations specified in the authorisation; and
(b) does not limit the power of a Divisional Returning Officer or Assistant Divisional Returning Officer (as the case requires) to act in any matter.
Effect of authorisation relating to DROs (3) If an authorisation is given in relation to the powers, functions or duties of a Divisional Returning Officer for a specified Division:
(a) the person authorised in relation to the Division may exercise or perform any power, function or duty of a Divisional Returning Officer for the Division, subject to:
(i) any condition or limitation under paragraph (2)(a); and
(ii) any direction of a Divisional Returning Officer for the Division; and
(b) a reference to a Divisional Returning Officer or DRO in this Act is taken to include a reference to the person.
Effect of authorisation relating to Assistant Divisional Returning Officers (4) If an authorisation is given in relation to the powers, functions or duties of an Assistant Divisional Returning Officer for a specified Subdivision:
(a) the person authorised in relation to the Subdivision may exercise or perform any power, function or duty of an Assistant Divisional Returning Officer for the Subdivision, subject to:
(i) any condition or limitation under paragraph (2)(a); and
(ii) any direction of an Assistant Divisional Returning Officer for the Subdivision, or of a Divisional Returning Officer for the Division in which the Subdivision is situated; and
(b) a reference to an Assistant Divisional Returning Officer in this Act is taken to include a reference to the person.
Note: As a result of subsection 6(4), the person authorised may also exercise or perform, in relation to the Subdivision, any power, function or duty of the Divisional Returning Officer for the Division in which the Subdivision is situated.
Whenever a proposed law for the alteration of the Constitution is to be submitted to the electors, the Governor‑General may issue a writ for the submission of the proposed law to the electors.
(1) A writ issued under section 7 may be in accordance with Form A in Schedule 1, shall be signed by the Governor‑General and shall appoint:
(a) the day for the close of the Rolls;
(b) the day, being a Saturday, for taking the votes of electors; and
(c) the day for the return of the writ.
(1A) The date fixed for the return of the writ must not be more than 100 days after the issue of the writ.
(2) The Governor‑General shall cause to be attached to the writ a copy of the proposed law, or a copy of a statement setting out:
(a) the text of the proposed law; and
(b) the text of the particular provisions (if any) of the Constitution proposed to be textually altered by the proposed law, and the textual alterations proposed to be made therein.
(3) For the purposes of this Act, a writ shall be deemed to have been issued at 6 pm of the day on which the writ was issued.
(1) The day fixed for the close of the Rolls is the seventh day after the issue of the writ.
(2) The day fixed for taking the votes of electors at a referendum shall be not less than 33 days and not more than 58 days after the issue of the writ.
(1) In spite of any other provision of this Act, the Governor‑General may, before the voting day for a referendum, by notice published in the
Gazette , fix a later day for the taking of votes of electors, either generally or for a specified Division.(2) The Electoral Commissioner shall, as soon as possible, give such notice of the fixing of the new day as he or she thinks necessary.
(3) Where the voting day for a referendum is the same as the day fixed for the polling at an election and the time for holding the election is extended under section 286 of the
Commonwealth Electoral Act 1918 :(a) where the extension of time for holding the election relates only to a specified Division—the day on which the election is to be held in that Division shall be taken to be the voting day for the referendum in that Division; and
(b) in any other case—the day on which the election is to be held shall be taken to be the voting day for the referendum.
(4) In spite of any other provision of this Act, the Governor‑General may, before or after the voting day for a referendum, by notice published in the
Gazette , postpone the day appointed under subsection 8(1) for the return of the writ.(5) A day to which the taking of votes or the return of the writ is postponed under this section shall, for the purposes of other provisions of this Act, be regarded as having been appointed under subsection 8(1).
(1) Where:
(a) a proposed law for the alteration of the Constitution, being a proposed law passed by an absolute majority of both Houses of the Parliament, is to be submitted to the electors; and
(b) within 4 weeks after the passage of that proposed law through both Houses of the Parliament, there is forwarded to the Electoral Commissioner:
(i) an argument in favour of the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted for the proposed law and desire to forward such an argument; or
(ii) an argument against the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted against the proposed law and desire to forward such an argument;
the Electoral Commissioner shall, unless the Minister informs the Electoral Commissioner that the referendum is not to be held, not later than 14 days before the voting day for the referendum, cause to be printed and to be sent to each address to which subsection (2A) applies, as nearly as practicable, a pamphlet containing the arguments together with a statement showing the textual alterations and additions proposed to be made to the Constitution.
(2) Where:
(a) a proposed law for the alteration of the Constitution, being a proposed law passed by an absolute majority of one House of the Parliament only, is to be submitted to the electors; and
(b) within 4 weeks after the second passage of that proposed law through that House of the Parliament, there is forwarded to the Electoral Commissioner:
(i) an argument in favour of the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted for the proposed law and desire to forward such an argument; or
(ii) an argument against the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted against the proposed law and desire to forward such an argument;
the Electoral Commissioner shall, unless the Minister informs the Electoral Commissioner that the referendum is not to be held, not later than 14 days before the voting day for the referendum, cause to be printed and to be sent to each address to which subsection (2A) applies, as nearly as practicable, a pamphlet containing the arguments together with a statement showing the textual alterations and additions proposed to be made to the Constitution.
(2A) This subsection applies to the following addresses:
(a) an address that is shown on the Roll for a Subdivision;
(b) an address that is not shown on the Roll for a Subdivision because of section 104 of the
Commonwealth Electoral Act 1918 .
(2B) The Electoral Commissioner may arrange for a pamphlet referred to in subsection (1) or (2) to be sent to any other addresses that the Electoral Commissioner considers appropriate.
(2C) The Electoral Commissioner may arrange for the information in a pamphlet referred to in subsection (1) or (2) to be sent to any email addresses that the Electoral Commissioner considers appropriate.
(3) When there are to be referendums upon more than one proposed law on the same day:
(a) the arguments in relation to all the proposed laws shall be printed in one pamphlet;
(b) the argument in favour of any proposed law may exceed 2,000 words if the arguments in favour of all the proposed laws do not average more than 2,000 words each and the argument against any proposed law may exceed 2,000 words if the arguments against all the proposed laws do not average more than 2,000 words each; and
(c) there may be one statement setting out all the alterations and additions proposed to be made to the Constitution by all the proposed laws, with marginal notes identifying the proposed law by which each alteration or addition is proposed to be made.
(4) The Commonwealth shall not expend money in respect of the presentation of the argument in favour of, or the argument against, a proposed law except in relation to:
(a) the preparation, printing and sending, in accordance with this section, of the pamphlets referred to in this section;
(aa) the preparation, by or on behalf of the Electoral Commission, of translations into other languages of material contained in those pamphlets;
(ab) the preparation, by or on behalf of the Electoral Commission, of presentations of material contained in those pamphlets in forms suitable for the visually impaired;
(ac) the distribution or publication, by or on behalf of the Electoral Commission, of those pamphlets, translations or presentations (including publication on the internet);
(b) the provision by the Electoral Commission of other information relating to, or relating to the effect of, the proposed law; or
(c) the salaries and allowances of members of the Parliament, of members of the staff of members of the Parliament or of persons who are appointed or engaged under the
Public Service Act 1999 , including salaries, remuneration, allowances and expenses payable under the Constitution, theParliamentary Business Resources Act 2017 and agreements for employment or engagement referred to in theMembers of Parliament (Staff) Act 1984 .
(5) Subsection (4) applies in respect of expenditure incurred on or after the end of the day on which a proposed law to alter the Constitution passes the Parliament, as referred to in subsection (1) or (2).
(6) To avoid doubt, subsection (4) does not prevent the Commonwealth from expending money in relation to neutral public civics education and awareness activities.
(7) To avoid doubt, activities referred to in subsection (6) must not address the arguments for or against a proposed law for the alteration of the Constitution.
(8) Subsection (4) does not prevent the Commonwealth from expending money in relation to meetings of the Constitutional Expert Group, the Referendum Engagement Group or the Referendum Working Group.
(9) Subsections (5) to (8) and this subsection are repealed at the start of the polling day for the first general election of the members of the House of Representatives held after the commencement of this subsection.
The Governor‑General shall, immediately after the issue of a writ for a referendum:
(a) cause a copy of the writ and a copy of the proposed law or of the statement (if any) attached to the writ to be forwarded to the Governors of the several States, to the Chief Minister for the Australian Capital Territory and to the Administrator of the Northern Territory; and
(b) forward the original writ and a copy of the proposed law or of the statement (if any) attached to the writ to the Electoral Commissioner.
The Electoral Commissioner shall, immediately after receiving a writ for a referendum:
(a) advise each Australian Electoral Officer of the particulars of the writ; and
(b) cause to be published in the
Gazette a notice setting out the particulars of the writ and a copy of the proposed law or of the statement (if any) attached to the writ.
(1) The Australian Electoral Officer for each State and Territory shall, immediately after receiving advice of the particulars of a writ for a referendum:
(a) cause copies of a statement setting out the text of the proposed law and the text of the particular provisions (if any) of the Constitution proposed to be altered by the proposed law to be made available at offices of the Electoral Commission in that State or Territory and at such other places as the Electoral Commissioner directs;
(b) cause a notice setting out:
(i) the particulars of the writ; and
(ii) a copy of the proposed law or of the statement (if any) attached to the writ; and
(iii) the places at which copies of the statement referred to in paragraph (a) are available;
to be inserted in:
(iv) not less than 2 newspapers circulating generally in the State or Territory; or
(v) if there is only one newspaper circulating generally in the State or Territory—that newspaper; and
(c) advise each Divisional Returning Officer in that State or Territory of the particulars of the writ.
(2) The Divisional Returning Officers of the States and the Territories shall, subject to this Act and to the directions of the Electoral Commissioner and the Australian Electoral Officers of their respective States and Territories, immediately after receiving advice of the particulars of a writ for a referendum, take all action that is necessary to be taken to carry the writ into effect.
Subject to sections 42 and 43, the voting at a referendum shall be taken throughout Australia on the day appointed by the writ for the referendum for taking the votes of the electors.
(1) The polling places appointed pursuant to paragraph 80(1)(a) of the
Commonwealth Electoral Act 1918 shall in addition be polling places for the purposes of a referendum.(2) The Electoral Commissioner shall, on at least one occasion after the issue of a writ for a referendum but before the day fixed for taking the votes at the referendum, if it is practicable to do so, in respect of each Division cause to be published in a newspaper circulating in that Division a notice:
(a) setting out all polling places in that Division; and
(b) setting out all places that were, at the time of the last referendum or at the time of the last election for which a poll was taken in that Division, whichever last occurred, polling places for that Division but that have been abolished since that time.
(3) Where the voting day for a referendum is the same as that fixed for the polling at an election, the publication by the Electoral Commissioner of a notice in respect of a Division under subsection 80(3) of the
Commonwealth Electoral Act 1918 shall be deemed to be a publication under subsection (2) of this section.
(1) An officer to whom this subsection applies shall not begin the performance of his or her duties in relation to a referendum, other than a referendum held on the same day as an election, unless the officer has signed an undertaking in the approved form relating to that referendum.
(2) Subsection (1) applies to the following officers:
(a) a Divisional Returning Officer;
(b) an Assistant Returning Officer;
(c) an Assistant Divisional Returning Officer;
(d) a presiding officer;
(e) a deputy presiding officer;
(f) an assistant presiding officer;
(g) a substitute presiding officer;
(m) a mobile polling team leader;
(n) a mobile polling team member;
(o) a pre‑poll voting officer.
(3) A scrutineer shall not begin the performance of his or her duties unless the scrutineer has signed an undertaking in the approved form.
(4) A person employed by the Electoral Commission to perform duties in connection with the conduct of a referendum not held on the same day as an election shall not begin the performance of his or her duties unless the person has signed an undertaking in the approved form.
(5) The failure of a person to sign an undertaking is not a ground for setting aside the result of a referendum.
(1) Each Divisional Returning Officer shall, for the purposes of a referendum:
(a) provide and equip proper polling booths and provide ballot‑boxes; and
(b) provide ballot papers and all necessary certified lists of voters and approved lists of voters.
(2) The Electoral Commission shall, for the purposes of a referendum, appoint a presiding officer to preside at each polling place and all necessary deputy presiding officers and assistant presiding officers, and such appointments shall terminate upon the completion of the referendum.
(3) In any emergency on the voting day for a referendum due to the absence of any deputy presiding officer or assistant presiding officer, or to any unforeseen and continued pressure at the voting that cannot be met by the duly appointed officers, a presiding officer may appoint any person to act as deputy presiding officer or assistant presiding officer, and a person so appointed shall, if the Electoral Commission afterwards ratifies the appointment, be deemed to have been duly appointed.
(4) A person who is under the age of 18 years shall not be appointed to be a presiding officer, deputy presiding officer or assistant presiding officer.
(5) A deputy presiding officer or assistant presiding officer may, subject to the directions of the presiding officer, exercise all or any of the powers of the presiding officer, and shall, in respect of the exercise of those powers, be deemed to be the presiding officer.
(7) The polling booths and ballot‑boxes provided for the purposes of a referendum may be used for the purposes of an election held on the same day, but the ballot papers for the election and the referendum shall be distinctively coloured.
(1) During a temporary absence of a presiding officer, the duties of the presiding officer may be performed by a person appointed for the purpose by the presiding officer.
(2) A person so appointed has all the powers of the presiding officer.
(1) Each polling booth shall be provided with the necessary ballot‑boxes.
(2) Each ballot‑box shall be capable of being securely fastened.
Polling booths must have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot papers, and each voting compartment must have an implement or method for voters to mark their ballot papers.
Premises licensed for the sale of intoxicating liquor may be used for the purpose of a polling booth if, and only if, the Electoral Commissioner declares, in writing, that he or she is satisfied that, during the hours of voting at a referendum:
(a) intoxicating liquor will not be available for sale or consumption on the part of the premises proposed for use for the purpose of a polling booth; and
(b) the part of the premises proposed for use for the purpose of a polling booth will be segregated from the part of the premises where intoxicating liquor will be available for sale or consumption; and
(c) access to the part of the premises proposed for use for the purpose of a polling booth will not involve passing through the part of the premises where intoxicating liquor will be available for sale or consumption.
(1) The Electoral Commissioner must arrange for the preparation of a list of voters for each Division and must certify the list.
(2) The list must include the name of each person who:
(a) is on the Roll for the Division; and
(b) will be at least 18 years old on voting day; and
(c) is not covered by subsection 93(8AA) of the
Commonwealth Electoral Act 1918 (sentences of imprisonment).
(2A) The list must also include the sex and date of birth of each person whose name is included in the list.
(2B) The list must not include the address of a person who is on the Roll for the Division if the person is a designated elector.
(3) The Electoral Commissioner must arrange for the delivery to the presiding officer at each polling place, before the start of voting, of a copy of the certified list of voters for the Division for which the polling place is appointed.
(4) The Electoral Commissioner must also arrange for a copy of the certified list of voters for a Division to be delivered to each place at which pre‑poll ordinary voting is, under section 73CD (but disregarding subsection 73CD(4)), available to voters enrolled for the Division.
(1) The Electoral Commissioner may arrange for the preparation of an approved list of voters for a Division.
(2) If the Electoral Commissioner thinks an approved list of voters for a Division should be available for an officer to use in connection with voting under this Act, the Electoral Commissioner must arrange for the list to be made available to the officer in time for that use.
Where the voting day for a referendum is the same as that fixed for the polling at an election:
(a) a person appointed to be an Australian Electoral Officer for a Territory or a presiding officer, deputy presiding officer, substitute presiding officer or assistant presiding officer for the purposes of the polling at the election shall be deemed to be an Australian Electoral Officer for that Territory or a presiding officer, deputy presiding officer, substitute presiding officer or assistant presiding officer, as the case may be, for the purposes of the referendum;
(b) the same polling booths and ballot‑boxes may be used for the purposes of both the election and the referendum, but if the same ballot‑boxes are used, the ballot papers for the referendum shall be of a different colour to the ballot papers for the election; and
(c) the same certified lists of voters and approved lists of voters may be used for the purposes of both the election and the referendum.
The voting at a referendum shall be by ballot and each elector shall indicate his or her vote:
(a) if the elector approves the proposed law—by writing the word “Yes” in the space provided on the ballot paper; or
(b) if the elector does not approve the proposed law—by writing the word “No” in the space so provided.
Note: See also subsection 93(9) for when votes are formal.
(1) Subject to this section, the ballot papers to be used in a referendum shall:
(a) be in accordance with Form B in Schedule 1; and
(b) have a buff background colour.
(2) Subject to subsection (3A), where 2 or more referendums are held on the same day, the ballot papers for each referendum shall be printed on one piece of paper and shall be in accordance with Form C in Schedule 1.
(3) Where 2 or more ballot papers are printed on one piece of paper as mentioned in subsection (2):
(a) it is not necessary for the initials of a presiding officer or polling official to appear more than once on the piece of paper;
(b) the presence of any mark or writing on the piece of paper by which a voter can be identified invalidates all the ballot papers and all the votes on the piece of paper; and
(c) a ground of informality (other than the ground referred to in paragraph (b)) applies only to the particular ballot paper and vote to which it relates, and does not affect the validity of any other ballot paper or vote.
(3A) If:
(a) the Minister gives a written notice to the Electoral Commissioner that identifies 2 or more proposed laws; and
(b) referendums are to be held on the same day (the
referendum day ) in relation to 2 or more of the proposed laws identified in the notice; and(c) the notice under paragraph (a) is given to the Electoral Commissioner at least 28 days before the issue of the writs for those referendums;
then:
(d) the ballot papers for each referendum held on the referendum day must be printed on separate pieces of paper; and
(e) for each of those referendums, the ballot papers must be of a different colour, chosen by the Electoral Commissioner.
(5) Before issuing a ballot paper for use at a referendum, an officer shall, if the name of the State or Territory printed on the ballot paper is not the name of the State or Territory in which the referendum is to be held, strike out that name and insert the name of the State or Territory in which the referendum is to be held.
The official mark for the authentication of ballot papers is either:
(a) a water mark consisting of a representation of a shield having within it the letters “CA” intertwined; or
(b) a feature of the ballot paper approved by the Electoral Commissioner.
(1) The Electoral Commissioner may also provide for a ballot paper to be marked with any other mark that the Electoral Commissioner thinks fit to assist in the administration of the referendum.
(2) A mark under subsection (1) does not need to be printed in black typeface.
(3) To avoid doubt, this section does not authorise a mark to be made that enables the identification of an elector or that identifies the personal information (within the meaning of the
Privacy Act 1988 ) of an elector.Note: An officer who marks a ballot paper enabling an elector to be identified may commit an offence under subsection 93(7).
(1) Each presiding officer or polling official must place his or her initials on the top of the front of each ballot paper before handing the ballot paper to a person claiming to vote.
(2) Each presiding officer shall cause to be kept an exact account of all ballot papers so initialled.
(3) To avoid doubt, this section also applies to a ballot paper that is a photocopy of an original ballot paper.
(1) The Governor‑General, or a person authorized by him or her to act under this subsection, may appoint one person to act as a scrutineer during voting at a referendum at each place in Australia where voting is being conducted.
(2) The Governor of a State, or a person authorized by him or her to act under this subsection, may appoint one person to act as a scrutineer during the voting at a referendum at each place in that State where voting is being conducted.
(2A) The Chief Minister for the Australian Capital Territory, or a person authorised by him or her to act under this subsection, may appoint one person to act as a scrutineer during the voting at a referendum at each place in the Territory where voting is being conducted.
(3) The Administrator of the Northern Territory, or a person authorized by him or her to act under this subsection, may appoint one person to act as a scrutineer during the voting at a referendum at each place in the Northern Territory where voting is being conducted.
(4) The registered officer of a registered political party may appoint persons to act as scrutineers during voting at a referendum at each place in Australia where voting is being conducted, but not more than one scrutineer for each party shall be allowed at each polling booth at any one time.
(4A) A scrutineer appointed under this section must be appointed in the approved form.
(5) In this section:
registered officer , in relation to a registered political party, has the same meaning as the expression has in Part XIV of theCommonwealth Electoral Act 1918 by virtue of section 4C of that Act.registered political party has the same meaning as in theCommonwealth Electoral Act 1918 .
(1) A scrutineer appointed under section 27 shall not:
(a) interfere with or attempt to influence any elector within a polling booth; or
(b) communicate with any person in a polling booth except so far as is necessary in the discharge of his or her functions.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
(2) A scrutineer appointed under section 27 shall not be prevented from entering or leaving a polling booth during the voting at a referendum.
(2A) A person who is in a polling booth in the capacity of a scrutineer shall wear a badge, supplied by the Electoral Commission, that identifies the person as a scrutineer.
(3) A scrutineer appointed under section 27 who commits any breach of this section, or who is guilty of misconduct at a polling booth, or who fails at a polling booth to obey the lawful directions of the presiding officer at the polling booth, may be removed from the polling booth by any constable or by a person authorized by the presiding officer to remove the scrutineer.
(1) The voting at a referendum shall be conducted as follows:
(a) before any vote is taken at a polling booth, the presiding officer at that polling booth shall exhibit each ballot‑box that is to be used for the referendum empty, and shall then securely fasten its cover;
(b) each polling booth shall open at 8 am on the voting day and shall not close until all the electors who are present in the polling booth at 6 pm on the voting day and who desire to vote at the referendum have voted;
(c) the doors of each polling booth shall be closed at 6 pm on the voting day and no person shall be admitted to the polling booth after that hour for the purpose of voting;
(d) except where the scrutiny is to be proceeded with immediately after the close of voting at a polling booth, at the close of the voting each presiding officer at a polling booth shall, in the presence of a polling official and of any scrutineers appointed under section 27 who are at the polling booth, close, fasten, seal and take charge of each ballot‑box used for the referendum and with the least possible delay forward the ballot‑box for the purpose of scrutiny.
(2) A ballot‑box used for a referendum shall not be opened except in accordance with this Act or, if the ballot‑box has been used for both the referendum and an election, in accordance with this Act or the
Commonwealth Electoral Act 1918 .
(1) The presiding officer or a polling official must put to each person attending before the officer or official, and claiming to vote in a referendum or referendums (as the case requires), questions in order to ascertain:
(a) the person’s full name; and
(b) the person’s place of living; and
(c) whether the person has voted before at the referendum or referendums (as the case requires).
(2) In addition to the questions put under subsection (1), the officer or official must ask each person claiming to vote as an absent voter to identify the Division for which the person is enrolled.
(4) If the answers a person (the
claimant ) claiming to vote gives to the questions under subsection (1) do not satisfy the officer or official that the claimant is a particular person on the certified list of voters or an approved list of voters for the relevant Division, the officer or official may ask the claimant one or more other questions about matters shown on the list for the particular person, to establish whether the claimant is that particular person.(5) A person’s claim to vote at a referendum must (subject to section 37) be rejected if:
(a) questions are put to the person under subsection (1) and the person:
(i) refuses to answer fully any of the questions; or
(ii) answers a question so as to indicate that the person has voted before in the relevant referendum or referendums (as the case requires); and
(b) the presiding officer is satisfied that subparagraph (a)(i) or (ii) applies in relation to the person.
Note: Section 37 deals with provisional votes.
(1) Where the voting day for a referendum is the same as that fixed for the polling at an election, the answers by a person claiming to vote at the referendum to the questions put under section 229 of the
Commonwealth Electoral Act 1918 for the purposes of the election may, if they are satisfactory as regards the election, be accepted as sufficient to enable the person to vote at the referendum.(2) If the presiding officer or a polling official accepts under subsection (1) the answers by a person as sufficient to enable the person to vote at a referendum, the officer or official may, if the officer or official thinks fit, put to the person questions in order to ascertain whether the person has voted before in the referendum or referendums.
(3) If the person answers so as to indicate that the person has voted before in the referendum or referendums or does not answer, the person’s claim to vote must be rejected if the presiding officer is satisfied that this subsection applies.
(1) The claim of a person to vote at a referendum shall not be rejected by reason only:
(a) that the person’s Christian or given name has been omitted from the Roll, a certified list of voters or an approved list of voters; or
(b) of the entry in the Roll, a certified list of voters or an approved list of voters of a wrong Christian or given name, a wrong sex, a wrong date of birth, a wrong address or of a wrongly spelt surname;
if, in the opinion of the presiding officer, a polling official, or a voting officer within the meaning of Division 3 of Part IVA, the person is sufficiently identified.
(2) The claim of an elector to vote at a referendum shall not be rejected by reason only that he or she has changed his or her surname by reason of marriage and that that change has not been reflected in the Roll.
(1) Subject to section 37, the presiding officer or a polling official at each polling booth shall hand to each person claiming to vote at a referendum a ballot paper duly initialled by the officer or official if:
(a) the name under which the person claims to vote is on the certified list of voters or an approved list of voters used at the polling booth, and the person’s answers to the questions referred to in sections 30 and 31 show that he or she is entitled to vote; or
(b) the person claims to vote pursuant to provisions of this Act relating to absent voting and complies with those provisions.
(2) A presiding officer or polling official shall, at the request of a scrutineer appointed under section 27, note any objection by the scrutineer to the right of any person to vote at a referendum, and shall keep a record of all objections.
(1) If a ballot paper has been, or is to be, given to a person who claims to vote at a polling place and whose name is on the certified list of voters, or an approved list of voters, available at the polling place, the presiding officer or a polling official at the polling place must:
(a) place a mark against the person’s name on the certified list; or
(b) record electronically against the approved list the fact that the person has been, or is to be, handed a ballot paper.
(2) The presiding officer or a polling official at a polling place must make a record of the name of each elector who casts a declaration vote at the polling place and, in the case of an absent voter, of the Division for which the elector declares under subsection 46(1) or (1A) that he or she is enrolled, and must, at the close of the voting at the referendum, forward the record, duly certified by the presiding officer, in accordance with section 46A.
(3) If the voting day for a referendum is the same as that fixed for the polling at an election:
(a) the requirement in subsection (1) of this section is taken to have been met in relation to a person if the requirement in subsection 232(1) of the
Commonwealth Electoral Act 1918 has been met in relation to the person; and(b) the requirements in subsection (2) of this section are taken to have been met in relation to a person if the requirements in subsection 232(2) of the
Commonwealth Electoral Act 1918 have been met in relation to the person.
Except as otherwise prescribed, a person voting at a polling booth at a referendum shall, upon receipt of a ballot paper:
(a) retire alone to an unoccupied voting compartment at the polling booth and mark, in private, his or her vote on the ballot paper; and
(b) place the ballot paper in the ballot‑box; and
(c) leave the booth.
(1) If any voter satisfies the presiding officer at a polling booth that his or her sight is so impaired or that the voter is so illiterate or physically incapacitated as to be unable to vote without assistance, the presiding officer shall permit a person appointed by the voter to enter an unoccupied voting compartment of the booth with the voter, and mark and deposit the voter’s ballot paper.
(1A) A presiding officer who is visiting a patient under section 48 for the purpose of taking the patient’s vote must explain to the patient the effect of subsection (1) of this section.
(2) If a voter referred to in subsection (1) fails to appoint a person pursuant to subsection (1), the presiding officer or a polling official, in the presence of such scrutineers appointed under section 27 as are present, or, if there are no scrutineers appointed under that section present, in the presence of:
(a) another person who is either the presiding officer or a polling official; or
(b) if the voter so desires, a person appointed by the voter;
shall mark and deposit the voter’s ballot paper.
(3) Without limiting the generality of subsection (2), a voter to whom that subsection applies may indicate to the presiding officer or polling official the manner in which the voter wishes the officer or official to mark the ballot paper for the voter by presenting to the officer or official a statement in writing (which may be, or include, a how‑to‑vote card) that specifies the manner in which the ballot paper is to be marked.
(4) Where subsection (1) applies in relation to a provisional or absent voter, the presiding officer or a polling official shall:
(a) fill in the declaration referred to in subsection 37(2) or 46(1) or (1A) with the required particulars as given by the voter;
(b) read the declaration to the voter;
(c) complete and attest the declaration; and
(d) cause the declaration to be witnessed by a scrutineer or, if no scrutineer is present, by another person who is either the presiding officer or a polling official.
(1) If the presiding officer at a polling place is satisfied that a voter is unable to enter the polling place because of physical disability, illness, advanced pregnancy or other condition, the presiding officer may allow the voter to vote outside the polling place, in close proximity to the polling place.
(2) Before allowing the voter to vote outside the polling place, the presiding officer must:
(a) inform any scrutineers at the polling place that the voter is to vote outside the polling place; and
(b) allow scrutineers to be present when the voter votes.
(3) Subject to subsection (5), the voter:
(a) must mark his or her vote on the ballot paper in the presence of the presiding officer or a polling official; and
(b) must hand the ballot paper to the officer or official.
(4) The presiding officer or polling official must ensure that the ballot paper is immediately returned to the polling place and put in the ballot‑box in the presence of any scrutineers who were present when the voter voted.
(5) If the voter also satisfies the presiding officer that he or she is unable to vote without assistance, the presiding officer may, with the voter’s consent, mark, or allow a polling official to mark, the voter’s ballot paper.
(6) The voter must indicate to the presiding officer or polling official how the voter wishes the officer or official to mark the voter’s ballot paper.
(7) Without limiting the methods by which the voter may indicate, for the purposes of subsection (6), how the voter wishes to vote, the voter may present to the presiding officer or polling official a statement in writing (which may be, or include, a how‑to‑vote card) specifying how the ballot paper is to be marked.
(8) If subsection (5) applies to an absent or provisional voter, the presiding officer or polling official must:
(a) fill in the declaration referred to in subsection 37(2) or 46(1) or (1A) with the required particulars as requested by the voter; and
(b) read the declaration to the voter; and
(c) complete and attest the declaration; and
(d) cause the declaration to be witnessed by a scrutineer, or, if no scrutineer is present, by another person who is either the presiding officer or a polling official.
(1) This section applies to a person claiming to vote if:
(a) the person’s name cannot be found on the certified list of voters, or an approved list of voters, for the Division for which the person claims to vote; or
(b) the person’s name is on the certified list of voters, or an approved list of voters, for a Division but his or her address does not appear on the list; or
(c) the presiding officer or a polling official has asked the person one or more questions under subsection 30(4) about matters shown on the certified list of voters, or an approved list of voters, for a particular person to establish whether the person is that particular person and one of the following applies:
(i) the person’s answers do not accord with the relevant information shown for that particular person on the list;
(ii) the person’s answers accord with the relevant information shown for that particular person on the list but the officer or official is not satisfied that the person is that particular person;
(iii) the person refused to answer fully; or
(d) a mark on the certified list of voters, or a record against an approved list of voters, for the Division indicates that the person has already voted; or
(e) the person is provisionally enrolled.
(1A) In this Part (other than section 45) and in Schedule 4:
(a) a reference to an elector includes a reference to a person who has cast a provisional vote under paragraph (1)(e); and
(b) a reference to the Division in which an elector is enrolled includes a reference to the Division in which the elector is provisionally enrolled.
(2) A person to whom this section applies may cast a provisional vote if the person signs a declaration in the approved form on an envelope addressed to the DRO for the Division for which the voter is, or claims to be, enrolled.
(3) The person shall sign the declaration in the presence of the presiding officer or a polling official.
(4) The presiding officer or polling official shall then sign the declaration as witness, adding the date.
(5) Before issuing a ballot paper to the person, the presiding officer or a polling official shall give the person a statement in writing in the approved form explaining the effect of this section and indicating the steps that will be taken if the person cast a provisional vote.
(6) A person who casts a provisional vote shall hand the ballot paper to the presiding officer or polling official who issued it.
(7) The presiding officer or polling official shall, in the presence of the voter, without unfolding the ballot paper, place it in the envelope bearing the voter’s declaration, fasten the envelope and place the envelope in the ballot‑box.
(8) The Assistant Returning Officer who opens the ballot‑box shall deal with the envelope according to section 46A.
Application by those about to become Australian citizens
(1) A person may apply to the Electoral Commissioner for provisional enrolment for a Subdivision if, at the time of making the application:
(a) a writ for a referendum has been issued; and
(b) the voting day for the referendum is not the same as that fixed for the polling at an election; and
(c) the person has been notified by the Immigration Department that the person will become an Australian citizen under the
Australian Citizenship Act 2007 between:
(i) the day of the issue of writ; and
(ii) the voting day for the referendum; and
(d) the person is not enrolled; and
(e) the person is not qualified for enrolment, but would be so qualified if he or she were an Australian citizen.
Note 1: A person who is provisionally enrolled under this section is not immediately added to a Roll but can cast a postal vote, a pre‑poll declaration vote, an absent vote or a provisional vote. However, the vote is excluded from further scrutiny if the person does not provide evidence of citizenship by the first Friday following the voting day (see paragraph 6 of Schedule 4).
Note 2: A person may make a similar application under section 99B of the
Commonwealth Electoral Act 1918 if the voting day for the referendum is the same as that fixed for the polling at an election.
Requirements for application
(2) An application must:
(a) be in the approved form; and
(b) be signed by the person (but see subsection (3)); and
(c) be made between the following times:
(i) the day of the issue of the writ;
(ii) 8 pm on the day of the close of the Rolls for the referendum; and
(d) in accordance with subsection (4), be supported by evidence of the Immigration Department’s notification.
(3) A person may fill out and sign an application under this section, on behalf of another person (theapplicant ), in accordance with the directions of the applicant if:
(a) the applicant wishes to make the application; and
(b) a registered medical practitioner has certified, in writing, that the applicant is so physically incapacitated that the applicant cannot sign the application.
(4) For the purposes of paragraph (2)(d), an application is supported by evidence of the Immigration Department’s notification if:
(a) all of the following apply:
(i) the original notification is shown to an officer;
(ii) the officer attests that he or she has sighted the notification;
(iii) the officer attests that he or she is satisfied that the notification relates to the person making the application; or
(b) all of the following apply:
(i) the original or a copy of the notification is shown to an elector in a prescribed class of electors;
(ii) the elector attests that he or she has sighted the notification;
(iii) the elector attests that he or she is satisfied that the notification relates to the person making the application.
Electoral Commissioner to keep records
(5) If a person makes an application in accordance with this section, then:
(a) the person is provisionally enrolled under this section for the Subdivision for which the person would be provisionally enrolled if he or she had made an application under section 99B of the
Commonwealth Electoral Act 1918 ; and(b) the Electoral Commissioner must keep a record of the details of the application.
Confirmation of citizenship
(6) If, by the first Friday following the voting day for the referendum, the person provides an officer with evidence that the person has become an Australian citizen, then:
(a) the provisional enrolment ceases; and
(b) the application is taken to be a claim under the
Commonwealth Electoral Act 1918 for enrolment for the Subdivision mentioned in paragraph (5)(a); and(c) sections 102, 103 and 104 of the
Commonwealth Electoral Act 1918 apply to the application as if it were a claim made under section 101 of that Act.
(7) Otherwise, the Electoral Commissioner must notify the person, in writing, that the person’s provisional enrolment has ceased.
(1) The Electoral Commissioner may, in writing, determine one or more addresses to which applications under section 38 may be sent.
(2) A determination under subsection (1) may specify different addresses for use in different circumstances.
(3) To avoid doubt, an address determined under subsection (1) may be an electronic address.
(4) If a person sends an application under section 38 to an address in accordance with a determination under subsection (1), the person is taken to have sent the application to the Electoral Commissioner.
Note: Requirements of section 38 relating to the form, content etc. of the application must still be complied with.
(5) A determination under subsection (1) is not a legislative instrument.
Where the voting day for a referendum is the same as that fixed for the polling at an election:
(a) a declaration made for the purposes of the election under section 235 of the
Commonwealth Electoral Act 1918 shall be deemed to be a declaration made under subsection 37(2) of this Act; and(b) a ballot paper containing the vote of a person claiming to vote pursuant to section 37 of this Act may be enclosed in the same envelope as that in which the ballot paper containing the vote of the person under section 235 of the
Commonwealth Electoral Act 1918 is enclosed.
(1) If a person voting at a referendum, before depositing a ballot paper in a ballot‑box, satisfies the presiding officer, a voting officer within the meaning of Division 3 of Part IVA, or a polling official, that the person has spoilt the ballot paper by mistake or accident, the officer or official shall provide the person with a new ballot paper and shall cancel the spoilt ballot paper.
(2) If a person voting at a referendum in a manner that will involve a ballot paper being placed in an envelope satisfies the officer or official who issued the ballot paper that, before the ballot paper was placed in the relevant envelope, he or she spoilt the ballot paper by mistake or accident, the officer or official shall provide the person with a new ballot paper and shall cancel the spoilt ballot paper.
(3) An officer or official who has cancelled a spoilt ballot paper shall:
(a) write “spoilt” on the back of the ballot paper;
(b) place the ballot paper in an envelope, seal the envelope and write on the envelope an indication of the type of ballot paper enclosed and that it is spoilt; and
(c) sign the envelope.
(4) The envelopes containing spoilt ballot papers that have been cancelled under subsection (1) or (2) must be bundled up and given to the DRO for the Division after the close of voting.
(1) This section applies if:
(a) a ballot paper has been issued to a voter; and
(b) an officer is satisfied that the ballot paper has been discarded by the voter.
(2) The officer must:
(a) immediately cancel the ballot paper; and
(b) write “discarded” on the back of the ballot paper; and
(c) place the ballot paper in an envelope, seal the envelope and write on the envelope an indication of the type of ballot paper enclosed and that it is discarded; and
(d) sign the envelope.
(3) The envelopes containing discarded ballot papers that have been cancelled under this section must be bundled up and given to the DRO for the Division after the close of voting.
(1) This section applies if, in relation to a referendum, an officer becomes aware that a ballot‑box containing ballot papers for the referendum (including ballot papers enclosed in envelopes) has been opened before the close of voting other than as mentioned in subsection 29(2).
(2) An officer (the
reporting officer ) must:(a) place the ballot papers, or envelopes containing the ballot papers, in a parcel; and
(b) seal the parcel; and
(c) write on the parcel an indication of the type of ballot papers enclosed and that the ballot‑box has been prematurely opened; and
(d) sign the parcel.
Report (3) The reporting officer must prepare a report about the circumstances in which the ballot‑box was opened before the close of voting other than as mentioned in subsection 29(2) (including details of any witnesses).
Material to be given to DRO (4) The reporting officer must give the report, parcel, ballot‑box and any other thing the reporting officer considers appropriate to the DRO for the Division as soon as practicable.
Role of DRO (5) The DRO for the Division must examine the report, parcel, ballot‑box and any other thing given to the DRO under subsection (4) and then give them to the Australian Electoral Officer (the
AEO ) for the State or Territory concerned.Role of AEO (6) The AEO must:
(a) open the parcel and examine the ballot papers not enclosed in envelopes, the envelopes, the report, the ballot‑box and any other thing given to the AEO under subsection (5); and
(b) for each ballot paper not enclosed in an envelope—decide whether the ballot paper is to be included in the scrutiny under Part VI (see subsections (7) and (8)); and
(c) for each envelope—decide whether the envelope is to be included in the preliminary scrutiny conducted in accordance with Schedule 4 (see subsections (9) and (10)).
(7) The AEO must decide that a ballot paper is to be included in the scrutiny under Part VI unless the AEO is satisfied that the ballot paper has been fraudulently altered or otherwise interfered with so as not to reflect the voter’s intention.
(8) If the AEO decides that a ballot paper is not to be included in the scrutiny under Part VI, the ballot paper is to be excluded from that scrutiny.
(9) The AEO must decide that an envelope is to be included in the preliminary scrutiny conducted in accordance with Schedule 4 unless the AEO is satisfied that the envelope has been fraudulently altered.
(10) If the AEO decides that an envelope is not to be included in the preliminary scrutiny conducted in accordance with Schedule 4, the envelope is to be excluded from that scrutiny.
(11) The AEO must, after examining all the ballot papers and envelopes:
(a) place in a parcel the ballot papers that are to be included in the scrutiny under Part VI; and
(b) place in another parcel the ballot papers that are to be excluded from the scrutiny under Part VI; and
(c) place in another parcel the envelopes that are to be included in the preliminary scrutiny conducted in accordance with Schedule 4; and
(d) place in another parcel the envelopes that are to be excluded from the preliminary scrutiny conducted in accordance with Schedule 4; and
(e) seal each parcel; and
(f) write on each parcel an indication of the type of ballot papers or envelopes enclosed and that the ballot‑box has been prematurely opened; and
(g) sign each parcel.
(12) The AEO must give the parcels referred to in paragraphs (11)(a) and (c) to the DRO for the Division, and the ballot papers or envelopes in the parcels are to be included in the scrutiny under Part VI or in the preliminary scrutiny conducted in accordance with Schedule 4, as the case requires.
(13) Before publication in the
Gazette of the statement by the Electoral Commissioner showing the result of the referendum, the AEO must advise the Electoral Commissioner of the following:(a) a ballot‑box was opened before the close of voting other than as mentioned in subsection 29(2);
(b) the number of ballot papers the AEO examined;
(c) the number of ballot papers that were excluded from the scrutiny under Part VI because the AEO was satisfied that they had been fraudulently altered or otherwise interfered with so as not to reflect the voter’s intention;
(d) the number of envelopes the AEO examined;
(e) the number of envelopes that were excluded from the preliminary scrutiny conducted in accordance with Schedule 4 because the AEO was satisfied that they had been fraudulently altered.
Preservation of material (14) The AEO is responsible for the safe custody, in accordance with the directions of the Electoral Commissioner, of the parcels referred to in paragraphs (11)(b) and (d), the ballot‑box and the report and any other thing given to the AEO under subsection (5) until they are destroyed.
(15) Subject to Part VIII, the Electoral Commissioner may direct that the things referred to in subsection (14) be destroyed if:
(a) not less than 6 months have elapsed since the publication in the
Gazette of the statement by the Electoral Commissioner showing the result of the referendum in which the things were used; and(b) the things are no longer required by the Electoral Commission for the performance of its functions.
(1) The Electoral Commissioner may temporarily suspend the voting at a referendum for a period if the Electoral Commissioner is satisfied that the suspension of voting during that period is justified because of:
(a) riot or open violence; or
(b) the threat of riot or open violence; or
(c) storm, tempest, flood or an occurrence of a similar kind; or
(d) a health hazard; or
(e) a fire or the activation of fire safety equipment (such as sprinklers or alarms); or
(f) any other reason related to:
(i) the safety of voters; or
(ii) difficulties in the physical conduct of the voting.
(2) If:
(a) the voting day for a referendum is the same as that fixed for the polling at an election; and
(b) the Electoral Commissioner temporarily suspends the polling at a polling booth for a period under section 240A of the
Commonwealth Electoral Act 1918 ;
the Electoral Commissioner must temporarily suspend the voting at the referendum at the polling booth for the same period.
(1) The Electoral Commissioner may adjourn the voting at a referendum at a polling booth from day to day in any case where voting is interrupted by:
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Referendum (Machinery Provisions) Act 1984 | 44, 1984 | 25 June 1984 | 3 Sept 1984 ( | |
Christmas Island Administration (Miscellaneous Amendments) Act 1984 | 120, 1984 | 18 Oct 1984 | Part VIII (ss. 27–31): 1 Oct 1984 Remainder: Royal Assent | — |
Electoral and Referendum Amendment Act 1984 | 133, 1984 | 25 Oct 1984 | 25 Oct 1984 | — |
Broadcasting and Television (Consequential Amendments) Act 1985 | 67, 1985 | 5 June 1985 | 1 Jan 1986 | — |
Referendum (Machinery Provisions) Amendment Act 1988 | 77, 1988 | 24 June 1988 | 24 June 1988 | — |
Referendum (Machinery Provisions) Amendment Act (No. 2) 1988 | 81, 1988 | 26 Aug 1988 | 26 Aug 1988 | — |
Electoral and Referendum Amendment Act 1989 | 24, 1990 | 23 Jan 1990 | ss. 1–3, 4(d), 5–30, 36, 40, 43, 50 and 177: Royal Assent ss. 4(b), 31–35, 37, 39, 41, 42, 49, 51–53, 55(a), (b), 56, 59, 60, 62–64, 66–72, 75, 77–79, 80(a)–(d), 81(a)–(d), 82–84, 85(b), (c), 110, 114, 118 and 121–161: 30 Sept 1990 Remainder: 9 Feb 1990 ( | — |
Electoral and Referendum Amendment Act 1991 | 167, 1991 | 13 Nov 1991 | ss. 1–3, 33 and 44: Royal Assent s. 45: 30 Sept 1990 Remainder: 13 May 1992 | — |
Special Broadcasting Service Act 1991 | 180, 1991 | 25 Nov 1991 | Sch: 23 Dec 1991 (s 2(1)) | — |
Political Broadcasts and Political Disclosures Act 1991 | 203, 1991 | 19 Dec 1991 | Part 2 (ss. 4–9): 3 Jan 1992 ( Parts 4 (ss. 32, 33) and 5 (ss. 34, 35): 19 June 1992 Part 6 (ss. 36–38): 16 Jan 1992 Remainder: Royal Assent | — |
Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 | 105, 1992 | 9 July 1992 | 5 Oct 1992 ( | — |
Norfolk Island (Electoral and Judicial) Amendment Act 1992 | 121, 1992 | 17 Oct 1992 | 17 Oct 1992 | s. 18 |
Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992 | 167, 1992 | 11 Dec 1992 | 1 July 1993 | s. 14(2) |
Electoral and Referendum Amendment Act 1992 | 219, 1992 | 24 Dec 1992 | s. 15: 24 June 1993 Remainder: Royal Assent | — |
Electoral and Referendum Amendment Act 1995 | 166, 1995 | 16 Dec 1995 | 16 Dec 1995 | — |
Electoral and Referendum Amendment Act 1998 | 94, 1998 | 17 July 1998 | Sch 2: 18 July 1998 (s 2(1)) | — |
Referendum Legislation Amendment Act 1999 | 22, 1999 | 19 Apr 1999 | 19 Apr 1999 (s 2) | — |
Electoral and Referendum Amendment Act (No. 1) 1999 | 134, 1999 | 13 Oct 1999 | Sch 1 (items 31–37): 13 Oct 1999 (s 2(1)) | — |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (items 764–768): 5 Dec 1999 (s 2(1), (2)) | — |
| ||||
| 115, 2004 | 13 July 2004 | Sch 1 (items 104, 105): 5 Dec 1999 (s 2(1) item 27) | — |
Electoral and Referendum Amendment Act (No. 1) 2001 | 34, 2001 | 28 Apr 2001 | 16 July 2001 ( | — |
Finance and Administration Legislation Amendment (Application of Criminal Code) Act 2001 | 109, 2001 | 17 Sept 2001 | 15 Oct 2001 | s. 5 |
Electoral and Referendum Amendment (Access to Electoral Roll and Other Measures) Act 2004 | 78, 2004 | 23 June 2004 | Sch 1: 21 July 2004 Remainder: Royal Assent | Sch. 1 (item 121) |
Electoral and Referendum Amendment (Enrolment Integrity and Other Measures) Act 2004 | 115, 2004 | 13 July 2004 | Sch 1 (items 107, 108): repealed before commencing (s 2(1) item 28) Sch 1 (items 110–112, 114, 115, 117, 119–132): 10 Aug 2004 (s 2(1) items 29, 31) | — |
| ||||
| 123, 2004 | 16 Aug 2004 | Sch 2: 13 July 2004 (s 2(1) item 8) | — |
| 65, 2006 | 22 June 2006 | Sch 1 (item 100): 22 June 2006 (s 2(1) item 14) | — |
Electoral and Referendum Amendment (Prisoner Voting and Other Measures) Act 2004 | 123, 2004 | 16 Aug 2004 | Sch 1 (item 6): 10 Aug 2004 (s 2(1) item 7) | — |
Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 | 65, 2006 | 22 June 2006 | Sch 1 (items 102–114, 117–132, 134–139): Royal Assent Sch 1 (items 115, 116, 133): 1 July 2007 ( | s. 2(1) (am. by 73, 2008, Sch. 2 [items 8, 9]) |
| ||||
| 73, 2008 | 3 July 2008 | Sch 2 (items 8, 9, 12, 13): 15 Mar 2007 ( | — |
Electoral and Referendum Legislation Amendment Act 2007 | 22, 2007 | 15 Mar 2007 | Sch 3 (items 1–4): 16 Apr 2007 ( Remainder: Royal Assent | — |
Statute Law Revision Act 2010 | 8, 2010 | 1 Mar 2010 | Sch 5 (item 137): 1 Mar 2010 (s 2(1) item 38) | — |
Electoral and Referendum Amendment (How‑to‑Vote Cards and Other Measures) Act 2010 | 108, 2010 | 14 July 2010 | Sch 2 (items 3–5): 23 July 2010 ( | Sch. 2 (item 5) |
Electoral and Referendum Amendment (Pre‑poll Voting and Other Measures) Act 2010 | 109, 2010 | 14 July 2010 | Sch 1 (items 40–77) and Sch 4 (items 21–40): Royal Assent Sch 2 (items 182–189): 19 July 2010 ( | Sch. 1 (item 77), Sch. 2 (item 189) and Sch. 4 (item 40) |
Electoral and Referendum Amendment (Modernisation and Other Measures) Act 2010 | 110, 2010 | 14 July 2010 | Sch 1 (items 19–33, 37–39), Sch 4 (items 18–31, 39–45, 48, 49), Sch 8 (items 3–5) and Sch 9 (items 47, 48): 15 July 2010 Sch 5 (items 55–107, 108(2)): 23 July 2010 ( Sch 6 (items 11, 13–22): 14 Jan 2011 | Sch. 1 (items 21, 32), Sch. 5 (items 107, 108(2)), Sch. 6 (items 21, 22) and Sch. 8 (item 5) |
Statute Law Revision Act 2011 | 5, 2011 | 22 Mar 2011 | Sch 6 (item 94): 19 Apr 2011 | — |
Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Act 2011 | 29, 2011 | 25 May 2011 | Sch 1 (items 9–13) and Sch 2 (items 6, 7(1)): Royal Assent | Sch. 1 (item 13) and Sch. 2 (item 7(1)) |
Electoral and Referendum Amendment (Provisional Voting) Act 2011 | 37, 2011 | 26 May 2011 | Sch 1 (items 4–7): Royal Assent | Sch. 1 (item 7) |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Sch 2 (items 973–975) and Sch 3 (items 10, 11): 27 Dec 2011 | Sch. 3 (items 10, 11) |
Electoral and Referendum Amendment (Maintaining Address) Act 2012 | 110, 2012 | 24 July 2012 | Sch 2 (item 16): 25 July 2012 | — |
Electoral and Referendum Amendment (Protecting Elector Participation) Act 2012 | 111, 2012 | 24 July 2012 | Sch 1 (item 17) and Sch 2 (items 7–12): 25 July 2012 (s 2(1) items 2, 3) | — |
Electoral and Referendum Amendment (Improving Electoral Procedure) Act 2013 | 19, 2013 | 27 Mar 2013 | Sch 1 (items 52–103, 104(2)) and Sch 3 (items 41–46, 47(1)): Royal Assent | Sch 1 (items 103, 104(2)) and Sch 3 (item 47(1)) |
Electoral and Referendum Amendment (Improving Electoral Administration) Act 2013 | 26, 2013 | 28 Mar 2013 | Sch 1 (items 29–48, 50, 51, 51A, 52, 54(1)): 29 Mar 2013 (s 2(1) items 4–6) Sch 2 (items 4–7): 1 Jan 2014 (s 2(1) item 7) | Sch 1 (item 54(1)) and Sch 2 (item 7) |
Referendum (Machinery Provisions) Amendment Act 2013 | 34, 2013 | 17 May 2013 | 17 May 2013 (s 2) | Sch 1 (item 4) |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 258–262): 10 Mar 2016 (s 2(1) item 6) | — |
Territories Legislation Amendment Act 2016 | 33, 2016 | 23 Mar 2016 | Sch 4 (items 46–48): 1 July 2016 (s 2(1) item 5) Sch 4 (items 49–60): 24 Mar 2016 (s 2(1) item 6) | Sch 4 (items 49–60) |
Statute Update Act 2016 | 61, 2016 | 23 Sept 2016 | Sch 1 (items 402–433) and Sch 2 (item 91): 21 Oct 2016 (s 2(1) item 1) | — |
Electoral and Other Legislation Amendment Act 2017 | 99, 2017 | 14 Sept 2017 | Sch 1 (items 29–46): 14 Mar 2018 (s 2(1) item 2) | — |
Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018 | 147, 2018 | 30 Nov 2018 | Sch 1 (items 139–142): 1 Jan 2019 (s 2(1) item 3) | — |
Electoral Legislation Amendment (Modernisation and Other Measures) Act 2019 | 2, 2019 | 1 Mar 2019 | Sch 1 (item 84) and Sch 2 (items 94, 105–129, 132–136, 154–173, 175, 176): 8 Mar 2019 (s 2(1) item 2) | — |
Electoral Legislation Amendment (Miscellaneous Measures) Act 2020 | 95, 2020 | 10 Nov 2020 | Sch 1 (items 143–237): 1 Dec 2020 (s 2(1) item 1) | Sch 1 (item 237) |
Electoral Legislation Amendment (Authorisations) Act 2022 | 4, 2022 | 17 Feb 2022 | Sch 1 (items 3–5): 18 Feb 2022 (s 2(1) item 1) | Sch 1 (item 5) |
Electoral Legislation Amendment (Foreign Influences and Offences) Act 2022 | 6, 2022 | 17 Feb 2022 | Sch 2 (item 4): 18 Feb 2022 (s 2(1) item 1) | — |
Referendum (Machinery Provisions) Amendment Act 2023 | 11, 2023 | 27 Mar 2023 | Sch 1–3A, Sch 4 (items 1–5, 8), Sch 5 (items 4–13) and Sch 6–8: 27 Mar 2023 (s 2(1) item 1) | Sch 1 (item 14), Sch 1A (item 3), Sch 2 (item 16), Sch 3 (item 20), Sch 4 (item 8), Sch 6 (item 10) and Sch 7 (items 27, 28) |
Electoral Legislation Amendment (Electoral Reform) Act 2025 | 16, 2025 | 20 Feb 2025 | Sch 1 (items 45, 46), Sch 2 (items 35–65) and Sch 5 (items 13–16): Sch 10 (items 44–71) and Sch 11: 21 Feb 2025 (s 2(1) item 14) | Sch 10 (item 71) and Sch 11 |
s 3............................................. | am No 120, 1984; No 77, 1988; No 24, 1990; No 167,1991; No 121, 1992; No 94, 1998; No 146, 1999; No 34, 2001; No 78, 2004; No 65, 2006; No 22, 2007; No 109, 2010; No 110, 2010; No 5, 2011; No 19, 2013; No 33, 2016; No 99, 2017 |
ed C35 | |
am No 95, 2020; No 11, 2023; | |
s 3AA........................................ | ad No 11, 2023 |
s 3AAA...................................... | ad No 11, 2023 |
s. 3A.......................................... | ad. No. 77, 1988 |
s. 3B.......................................... | ad. No. 77, 1988 |
am. No. 121, 1992; No 33, 2016 | |
s. 3C.......................................... | ad. No. 109, 2001 |
s. 4............................................ | am. No. 24, 1990; No. 166, 1995; No. 94, 1998; No. 65, 2006; No. 29, 2011; Nos. 110 and 111, 2012 |
s. 5............................................ | am. No. 24, 1990 |
rs. No. 78, 2004 | |
am. No. 46, 2011 | |
s. 6............................................ | am. No. 24, 1990; No. 19, 2013 |
s 6A........................................... | ad No 95, 2020 |
s 8............................................. | am No 24, 1990; No 78, 2004; No 11, 2023 |
s. 9............................................ | am. No. 65, 2006; No. 29, 2011 |
s. 10........................................... | rs. No. 77, 1988 |
s 11............................................ | am No 77, 1988; No 22, 1999; No 146, 1999; No 8, 2010; No 34, 2013; No 11, 2023 |
(5)–(9) | |
s. 12........................................... | am. No. 78, 2004 |
s. 13........................................... | am. No. 24, 1990 |
s. 14........................................... | am. No. 78, 2004 |
s. 16........................................... | am. No. 110, 2010 |
s 16A......................................... | ad No 24, 1990 |
am No 110, 2010; No 95, 2020 | |
s 16B......................................... | ad No 2, 2019 |
rep No 95, 2020 | |
s 17............................................ | am No 24, 1990; No 78, 2004; No 110, 2010; No 11, 2023 |
s. 18........................................... | rs. No. 24, 1990 |
s. 19........................................... | am. No. 24, 1990 |
s 20............................................ | am No 95, 2020; No 11, 2023 |
s. 21........................................... | am. No. 24, 1990 |
rs. No. 167, 1991 | |
s 22............................................ | am No 24, 1990 |
rs No 94, 1998 | |
am No 115, 2004; No 109, 2010; No 29, 2011; No 11, 2023 | |
s. 22A........................................ | ad. No. 110, 2010 |
s 23............................................ | am No 24, 1990; No 110, 2010; No 11, 2023 |
s 24............................................ | am No 24, 1990; No 11, 2023 |
s 25............................................ | am No 24, 1990; No 94, 1998; No 22, 1999; No 78, 2004; No 19, 2013; No 95, 2020; No 11, 2023 |
s 25A......................................... | ad No 24, 1990 |
rs No 94, 1998 | |
am No 110, 2010; No 11, 2023 | |
s 25B......................................... | ad No 95, 2020 |
am No 11, 2023 | |
s 26............................................ | am No 24, 1990; No 34, 2001; No 95, 2020; No 11, 2023 |
s 27............................................ | am No 81, 1988; No 24, 1990; No 78, 2004; No 11, 2023 |
s 28............................................ | am No 24, 1990; No 61, 2016 |
s 29............................................ | am No 24, 1990; No 11, 2023 |
s 30............................................ | am No. 77, 1988; No 24, 1990; No 167, 1991; No 94, 1998; No 115, 2004; No 110, 2010; No 95, 2020 |
s 31............................................ | am No 24, 1990; No 95, 2020 |
s 32............................................ | am No 115, 2004; No 109, 2010; No 110, 2010; No 26, 2013; No 95, 2020 |
s 33............................................ | am No 24, 1990; No 110, 2010; No 95, 2020; No 11, 2023 |
s 34............................................ | am No 77, 1988; No 24, 1990; No 65, 2006; No 110, 2010; No 95, 2020; No 11, 2023 |
s 35............................................ | am No 24, 1990; No 11, 2023; No 16, 2025 |
s 36............................................ | am No 24, 1990; No 166, 1995; No 65, 2006; No 110, 2010; No 95, 2020; No 11, 2023; No 16, 2025 |
s 36A......................................... | ad No 94, 1998 |
am No 22, 1999; No 78, 2004; No 65, 2006; No 95, 2020; No 11, 2023; No 16, 2025 | |
s 37............................................ | rs No 24, 1990 |
am No 167, 1991; No 115, 2004; No 65, 2006; No 110, 2010; No 37, 2011; No 19, 2013; No 95, 2020; No 11, 2023; No 16, 2025 | |
s 38............................................ | rep No 24, 1990 |
ad No 65, 2006 | |
am No 65, 2006 (as am by No 73, 2008); No 109, 2010; No 11, 2023 | |
s. 39........................................... | rep. No. 24, 1990 |
ad. No. 109, 2010 | |
s 40............................................ | am No 24, 1990; No 94, 1998; No 11, 2023 |
s 41............................................ | am No 24, 1990; No 109, 2010; No 26, 2013; No 95, 2020; No 11, 2023 |
s 41AA...................................... | ad No 19, 2013 |
am No 11, 2023 | |
s 41AB....................................... | ad No 26, 2013 |
am No 11, 2023 | |
s 41A......................................... | ad No 78, 2004 |
am No 11, 2023 | |
s 42............................................ | am No 78, 2004; No 11, 2023 |
s 43............................................ | am No 11, 2023 |
s. 45........................................... | am. No. 24, 1990; No. 167, 1991; No. 219, 1992; No. 94, 1998; Nos. 34 and 109, 2001; No. 78, 2004; No 4, 2016; No 61, 2016 |
s 46............................................ | am No 77, 1988; No 24, 1990; No 65, 2006; No 95, 2020; No 11, 2023; No 16, 2025 |
s 46AA...................................... | ad No 11, 2023 |
s 46A......................................... | ad No 77, 1988 |
am No 24, 1990; No 167, 1991; No 94, 1998; No 78, 2004; No 22, 2007; No 110, 2010; No 2, 2019; No 95, 2020; No 11, 2023 | |
s. 47........................................... | am. No. 110, 2010 |
s 48............................................ | am No 24, 1990 |
rs No 24, 1990 | |
am No 110, 2010; No 2, 2019; No 11, 2023 | |
s. 49........................................... | am. No. 24, 1990; No. 94, 1998 |
rep. No. 110, 2010 | |
s. 49A........................................ | ad. No. 24, 1990 |
am. No. 94, 1998; No. 78, 2004 | |
rep. No. 110, 2010 | |
s 50............................................ | am No 24, 1990; No 94, 1998; No 78, 2004; No 110, 2010; No 2, 2019; No 11, 2023; No 16, 2025 |
s 51............................................ | am No 24, 1990; No 166, 1995; No 110, 2010; No 2, 2019; No 11, 2023; No 16, 2025 |
s. 52........................................... | am. No. 110, 2010 |
Part IV....................................... | rs. No. 24, 1990 |
s. 53........................................... | rs. No. 24, 1990 |
am. No. 65, 2006; No. 19, 2013 | |
s. 54........................................... | rs. No. 24, 1990 |
am. No. 65, 2006 | |
rs. No. 19, 2013 | |
s 55............................................ | rs No 24, 1990 |
am No 167, 1991; No 34, 2001; No 109, 2001; No 22, 2007; No 110, 2010; No 19, 2013; No 26, 2013; No 11, 2023 | |
s. 56........................................... | rep. No. 24, 1990 |
ad. No. 94, 1998 | |
s. 57........................................... | rs. No. 24, 1990 |
rep. No. 166, 1995 | |
s 58............................................ | rs No 24, 1990 |
am No 166, 1995; No 94, 1998; No 134, 1999; No 78, 2004; No 19, 2013; No 11, 2023 | |
s 59............................................ | rs No 24, 1990 |
am No 11, 2023 | |
s. 60........................................... | rs. No. 24, 1990 |
rep. No. 110, 2010 | |
s 61............................................ | rs No 24, 1990 |
am No 167, 1991; No 94, 1998; No 34, 2001; No 78, 2004; No 22, 2007; No 110, 2010; No 19, 2013; No 26, 2013; No 95, 2020; No 11, 2023 | |
s 61A......................................... | ad No 19, 2013 |
rep No 11, 2023 | |
s 62............................................ | rs No 24, 1990 |
am No 167, 1991; No 115, 2004 | |
rs No 19, 2013 | |
am No 11, 2023 | |
s. 62A........................................ | ad. No. 34, 2001 |
am. No. 19, 2013 | |
s. 62B........................................ | ad. No. 34, 2001 |
am. No. 19, 2013; No 4, 2016; No 61, 2016 | |
s. 63........................................... | rs. No. 24, 1990 |
am. No. 34, 2001 | |
rep. No. 19, 2013 | |
s. 64........................................... | rs. No. 24, 1990 |
rep. No. 167, 1991 |
s 65............................................ | rs No 24, 1990 |
am No 34, 2001; No 78, 2004; No 22, 2007; No 110, 2010; No 19, 2013; No 11, 2023; No 16, 2025 | |
s 66............................................ | am No 77, 1988 |
rs No 24, 1990 | |
am No 19, 2013; No 61, 2016; No 11, 2023 | |
s 67............................................ | rs No 24, 1990 |
am No 22, 2007; No 110, 2010; No 2, 2019; No 11, 2023 | |
s 68............................................ | rs No 24, 1990 |
am No 109, 2001; No 61, 2016; No 11, 2023 | |
s 69............................................ | rs No 24, 1990 |
am No 19, 2013; No 61, 2016; No 11, 2023 | |
s 70............................................ | rs No 24, 1990 |
am No 19, 2013; No 61, 2016; No 11, 2023 | |
s. 71........................................... | rs. No. 24, 1990 |
s 71AAA.................................... | ad No 16, 2025 |
s 71AA...................................... | ad No 11, 2023 |
Part IVA.................................... | ad. No. 24, 1990 |
Division 1.................................. | ad. No. 109, 2010 |
s. 71A........................................ | ad. No. 109, 2010 |
Division 2 heading...................... | ad. No 109, 2010 |
s 72............................................ | am No 77, 1988 |
rs No 24, 1990 | |
am No 65, 2006; No 109, 2010; No 11, 2023 | |
s. 73........................................... | rs. No. 24, 1990 |
s 73AA...................................... | ad No 22, 2007 |
am No 109, 2010; No 110, 2010; No 95, 2020; No 11, 2023 | |
s 73A......................................... | ad No 24, 1990 |
am No 109, 2010; No 95, 2020 | |
s 73B......................................... | ad No 24, 1990 |
am No 166, 1995; No 94, 1998; No 22, 2007; No 109, 2010; No 26, 2013; No 2, 2019; No 95, 2020; No 11, 2023 | |
s 73C......................................... | ad No 24, 1990 |
am No 22, 2007; No 109, 2010; No 110, 2010; No 26, 2013; No 11, 2023 | |
s 73CA....................................... | ad No 78, 2004 |
am No 11, 2023 | |
s. 73CB...................................... | ad. No. 78, 2004 |
am. No. 22, 2007; No 4, 2016 | |
Division 3.................................. | ad. No. 109, 2010 |
s 73CC....................................... | ad No 109, 2010 |
am No 26, 2013; No 95, 2020 | |
s 73CD....................................... | ad No 109, 2010 |
am No 110, 2010; No 95, 2020 | |
s 73CE....................................... | ad No 109, 2010 |
am No 95, 2020; No 11, 2023 | |
s 73CF....................................... | ad No 109, 2010 |
s 73CG....................................... | ad No 109, 2010 |
am No 110, 2010; No 26, 2013; No 95, 2020; No 11, 2023 | |
s 73CH....................................... | ad No 109, 2010 |
rep No 26, 2013 | |
s 73CI........................................ | ad No 109, 2010 |
am No 110, 2010; No 26, 2013; No 95, 2020 | |
s 73CJ........................................ | ad No 109, 2010 |
am No 110, 2010; No 26, 2013; No 95, 2020; No 11, 2023 | |
s 73CK....................................... | ad No 109, 2010 |
am No 11, 2023; No 16, 2025 | |
s 73CL....................................... | ad No 109, 2010 |
am No 26, 2013; No 11, 2023; No 16, 2025 | |
s 73CM...................................... | ad No 109, 2010 |
am No 26, 2013; No 11, 2023 | |
s 73CN....................................... | ad No 109, 2010 |
s 73CO....................................... | ad No 109, 2010 |
s 73CP....................................... | ad No 109, 2010 |
s 73CQ....................................... | ad No 109, 2010 |
am No 11, 2023 | |
s 73CR....................................... | ad No 109, 2010 |
Division 4 heading...................... | ad. No. 109, 2010 |
s. 73CS...................................... | ad. No. 109, 2010 |
s 73D......................................... | ad No 24, 1990 |
am No 34, 2001; No 109, 2010; No 11, 2023; No 16, 2025 | |
s 73E......................................... | ad No 24, 1990 |
am No 167, 1991; No 109, 2010; No 11, 2023 | |
s 73F.......................................... | ad No 24, 1990 |
am No 109, 2010; No 95, 2020; No 11, 2023 | |
s. 73G........................................ | ad. No. 24, 1990 |
rep. No. 167, 1991 | |
s 73H......................................... | ad No 24, 1990 |
am No 109, 2001; No 109, 2010; No 61, 2016; No 11, 2023 | |
s 73J.......................................... | ad No 24, 1990 |
am No 109, 2010; No 61, 2016; No 11, 2023 | |
s 73K......................................... | ad No 24, 1990 |
am No 109, 2010 | |
Part IVB heading........................ | rs No 109, 2010; No 95, 2020 |
Part IVB..................................... | ad. No. 22, 2007 |
Division 1 heading...................... | rep No 109, 2010 |
s 73L......................................... | ad No 22, 2007 |
am No 109, 2010 | |
s 73LA....................................... | ad No 95, 2020 |
s 73M........................................ | ad No 22, 2007 |
am No 109, 2010; No 95, 2020; No 11, 2023 | |
s. 73N........................................ | ad. No. 22, 2007 |
s 73P.......................................... | ad No 22, 2007 |
am No 109, 2010 | |
s 73Q......................................... | ad No 22, 2007 |
am No 109, 2010; No 11, 2023 | |
s 73QA...................................... | ad No 109, 2010 |
am No 95, 2020 | |
Division 2.................................. | rep No 109, 2010 |
ss. 73R–73V............................... | ad. No. 22, 2007 |
rep. No. 109, 2010 | |
Part V........................................ | rep No 95, 2020 |
s 74............................................ | am No 24, 1990; No 109, 2010 |
rep No 95, 2020 | |
s 75............................................ | am No 24, 1990; No 19, 2013; No 26, 2013 |
rep No 95, 2020 | |
s 76............................................ | rep No 95, 2020 |
s 77............................................ | rep No 95, 2020 |
s 78............................................ | am No 46, 2011 |
rep No 95, 2020 | |
s 79............................................ | rep No 95, 2020 |
s 80............................................ | rs No 24, 1990 |
rep No 95, 2020 | |
s 81............................................ | am No 24, 1990 |
rep No 95, 2020 | |
s 82............................................ | am No 24, 1990 |
rep No 95, 2020 | |
s 83............................................ | rep No 95, 2020 |
s 84............................................ | am No 24, 1990 |
rep No 95, 2020 | |
s 85............................................ | am No 24, 1990; No 34, 2001 |
rep No 95, 2020 | |
s 86............................................ | am No 24, 1990; No 34, 2001 |
rep No 95, 2020 | |
s 87............................................ | rep No 95, 2020 |
s 88............................................ | rep No 95, 2020 |
s 89............................................ | am No 81, 1988; No 24, 1990; No 78, 2004; No 11, 2023 |
s 89A......................................... | ad No 24, 1990 |
am No 134, 1999; No 2, 2019; No 11, 2023; No 16, 2025 | |
s 90............................................ | am No 24, 1990; No 109, 2010; No 110, 2010; No 2, 2019; No 11, 2023 |
s 91............................................ | am No 24, 1990; No 78, 2004; No 2, 2019; No 11, 2023 |
s 92............................................ | am No 24, 1990; No 11, 2023 |
s 93............................................ | am No 24, 1990; No 94, 1998; No 109, 2010; No 110, 2010; No 26, 2013; No 61, 2016; No 95, 2020; No 11, 2023 |
s 94............................................ | am No 11, 2023 |
s 95............................................ | am No 24, 1990; No 78, 2004; No 11, 2023 |
s 95A......................................... | ad No 24, 1990 |
am No 11, 2023 | |
s 95B......................................... | ad No 24, 1990 |
am No 146, 1999; No 11, 2023 | |
s 96............................................ | am No 24, 1990; No 11, 2023 |
s 97............................................ | am No 24, 1990; No 11, 2023 |
s 98............................................ | am No 24, 1990; No 94, 1998 |
rs No 78, 2004 | |
am No 11, 2023 | |
s. 98A........................................ | ad. No. 121, 1992 |
rep No 33, 2016 | |
s. 99........................................... | am. No. 78, 2004 |
s. 100......................................... | am. No. 78, 2004 |
s. 101......................................... | am. No. 24, 1990; No. 78, 2004 |
s 104.......................................... | am No 95, 2020 |
s. 105......................................... | am. No. 24, 1990; No. 78, 2004 |
s. 106......................................... | am. No. 78, 2004 |
s. 107AA.................................... | ad. No. 94, 1998 |
s 107A....................................... | ad No 24, 1990 |
am No 11, 2023 | |
s 108AA..................................... | ad No 134, 1999 |
am No 11, 2023 | |
s. 108A...................................... | ad. No. 203, 1991 |
am. No. 167, 1992; No. 94, 1998 | |
s. 109......................................... | am. No. 24, 1990 |
s. 109A...................................... | ad. No. 24, 1990 |
Part VIIIA.................................. | ad No 11, 2023 |
s 109B....................................... | ad No 11, 2023 |
s 109C....................................... | ad No 11, 2023 |
s 109D....................................... | ad No 11, 2023 |
s 109E........................................ | ad No 11, 2023 |
am | |
s 109F........................................ | ad No 11, 2023 |
rep | |
s 109G....................................... | ad No 11, 2023 |
am | |
Division 2A................................ | ad |
s 109GA..................................... | ad |
s 109GB..................................... | ad |
s 109GC..................................... | ad |
s 109GD..................................... | ad |
s 109GE..................................... | ad |
s 109H....................................... | ad No 11, 2023 |
s 109J........................................ | ad No 11, 2023 |
s 109K....................................... | ad No 11, 2023 |
s 109L........................................ | ad No 11, 2023 |
s 109M....................................... | ad No 11, 2023 |
am | |
s 109N....................................... | ad No 11, 2023 |
s 109P........................................ | ad No 11, 2023 |
s 109Q....................................... | ad No 11, 2023 |
s 109R....................................... | ad No 11, 2023 |
s 109S........................................ | ad No 11, 2023 |
s 109T........................................ | ad No 11, 2023 |
s 109U....................................... | ad No 11, 2023 |
am | |
s 109V....................................... | ad No 11, 2023 |
am | |
s 109W...................................... | ad No 11, 2023 |
s 109X....................................... | ad No 11, 2023 |
am | |
s 109Y....................................... | ad No 11, 2023 |
s 109Z........................................ | ad No 11, 2023 |
s 109ZA..................................... | ad No 11, 2023 |
Part IX heading........................... | rs No 94, 1998 |
rep No 65, 2006 | |
ad No 99, 2017 | |
Part IX....................................... | rep No 65, 2006 |
ad No 99, 2017 | |
s 109A....................................... Renumbered s 109B.................... | ad No 77, 1988 No 219, 1992 |
s 109B....................................... | rep No 65, 2006 |
s 110A....................................... | ad No 99, 2017 |
am No 147, 2018; No 11, 2023; | |
s 110B....................................... | ad No 99, 2017 |
am No 11, 2023 | |
ed C38 | |
s 110C....................................... | ad No 99, 2017 |
am No 4, 2022; No 11, 2023 | |
s 110CA..................................... | ad No 11, 2023 |
s 110D....................................... | ad No 99, 2017 |
am No 11, 2023 | |
s 110E........................................ | ad No 99, 2017 |
am No 11, 2023 | |
s 110F........................................ | ad No 99, 2017 |
s 110G....................................... | ad No 99, 2017 |
s. 110......................................... | am. No. 67, 1985; No. 180, 1991; No. 105, 1992 |
rep. No. 65, 2006 | |
s. 111......................................... | am. No. 67, 1985; No. 24, 1990; No. 105, 1992 |
rep. No. 65, 2006 | |
s. 112......................................... | am. No. 24, 1990; No. 94, 1998 |
rep. No. 65, 2006 | |
s. 113......................................... | rep. No. 77, 1988 |
s. 114......................................... | am. No. 77, 1988; No. 24, 1990 |
rep. No. 65, 2006 | |
s. 115......................................... | rs. No. 24, 1990 |
rep. No. 65, 2006 | |
s 116.......................................... | am No 24, 1990; No 61, 2016; No 95, 2020 |
s 117.......................................... | am No 24, 1990; No 4, 2016; No 61, 2016 |
s 118.......................................... | am No 109, 2001; No 4, 2016; No 61, 2016; No 95, 2020 |
s. 118A...................................... | ad. No. 24, 1990 |
am. No. 109, 2001; No 61, 2016 | |
s. 119......................................... | am. No. 24, 1990; No. 109, 2001; No 61, 2016 |
s 120.......................................... | am No 61, 2016; No 11, 2023 |
s 121.......................................... | am No 167, 1991; No 34, 2001; No 4, 2016; No 61, 2016 |
rep No 99, 2017 | |
s 121A....................................... | ad No 65, 2006 |
am No 8, 2010 | |
rep No 99, 2017 | |
s 122.......................................... | am No 133, 1984; No 24, 1990; No 109, 2001; No 78, 2004; No 108, 2010; No 4, 2016; No 61, 2016; No 6, 2022 |
s 123.......................................... | am No 4, 2016; No 61, 2016 |
s 124.......................................... | rs No 167, 1991 |
am No 94, 1998; No 115, 2004; No 61, 2016 | |
rep No 99, 2017 | |
s. 125......................................... | am. No. 94, 1998 |
rep. No. 134, 1999 | |
s. 126......................................... | am. No. 109, 2001; No 61, 2016 |
s 127.......................................... | am No 24, 1990; No 61, 2016; No 11, 2023 |
s 128.......................................... | am No 24, 1990; No 61, 2016 |
s 129.......................................... | am No 61, 2016; No 11, 2023 |
s 130.......................................... | am No 24, 1990; No 94, 1998; No 109, 2001; No 115, 2004; No 4, 2016; No 61, 2016; No 11, 2023 |
s 130A....................................... | ad No 26, 2013 |
am No 11, 2023 | |
s 131.......................................... | am No 24, 1990; No 78, 2004; No 61, 2016; No 2, 2019; No 95, 2020 |
s 132.......................................... | am No 109, 2001; No 4, 2016; No 61, 2016; No 16, 2025 |
s. 133......................................... | am. No. 24, 1990; No 61, 2016 |
s. 134......................................... | am. No. 167, 1991; No. 109, 2001; No 4, 2016; No 61, 2016 |
s 135.......................................... | rs No 24, 1990 |
am No 22, 2007; No 61, 2016; No 95, 2020; No 11, 2023; No 16, 2025 | |
s. 136......................................... | am. No. 77, 1988; No. 109, 2001 |
rep. No. 65, 2006 | |
s. 136A...................................... | ad. No. 77, 1988 |
s. 137......................................... | rep. No. 94, 1998 |
s 138.......................................... | am No 24, 1990; No 109, 2010 |
rs No 19, 2013 | |
am No 11, 2023 | |
s 139.......................................... | am No 34, 2001; No 78, 2004; No 99, 2017 |
s 140.......................................... | am No 61, 2016 |
s 140AAA.................................. | ad No 99, 2017 |
am No 147, 2018; No 11, 2023 | |
ed C38 | |
s. 140A...................................... | ad. No. 167, 1991 |
s 140AA..................................... | ad No 78, 2004 |
rs No 99, 2017 | |
am No 11, 2023 | |
s. 140B...................................... | ad. No. 219, 1992 |
s. 141......................................... | am. No. 24, 1990 |
s. 142......................................... | rs. No. 24, 1990 |
rep. No. 94, 1998 | |
s 142A....................................... | ad No 24, 1990 |
am No 94, 1998; No 109, 2010; No 110, 2010; No 26, 2013; No 11, 2023 | |
s 144A....................................... | ad No 11, 2023 |
Schedule 1.................................. | am No 34, 2001; No 78, 2004; No 11, 2023 |
Schedule 3.................................. | ad No 24, 1990 |
am No 167, 1991; No 115, 2004; No 123, 2004; No 110, 2010; No 19, 2013; No 16, 2025 | |
Schedule 4.................................. | ad No 24, 1990 |
am No 167, 1991; No 166, 1995; No 94, 1998; No 134, 1999; No 34, 2001; No 78, 2004; No 115, 2004; No 65, 2006 (as am by No 73, 2008); No 110, 2010; No 29, 2011; No 37, 2011; No 111, 2012; No 19, 2013; No 2, 2019; No 95, 2020; No 11, 2023; No 16, 2025 |
0
0
0