Referendum (Machinery Provisions) Regulations (ACT)

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Referendum (Machinery Provisions) Regulations (repealed)

SL1995-2

Republication No 2

Effective:  6 September 2001

Republication date: 13 February 2015

As repealed by A2001-56 sch 4 pt 4.4

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Referendum (Machinery Provisions) Regulations effective 5 September 2001.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    referendum (machinery provisions) regulations

    This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

    TABLE OF PROVISIONS

    Regulation

    1.Citation

    2.Commencement

    3.Interpretation

    4.Form of ballot paper

    5.Formality of ballot paper

    6.Material supplied to mobile polling team

    7.Request for recount

    8.Scrutineers

    SCHEDULE

    BALLOT PAPER

    referendum (machinery provisions) regulations

    Citation

    1.  These Regulations may be cited as the Referendum (Machinery Provisions) Regulations.1

    Commencement

    2.  These Regulations commence on the day on which they are notified in the Gazette.

    Interpretation

    3.  In these Regulations, unless the contrary intention appears—

    “referendum” means the referendum to be held in relation to the Bill for an Act to entrench the principles of the proportional representation (Hare-Clark) electoral system, being the Bill by that title passed by the Legislative Assembly on 8 December 1994;

    “the Act” means the Referendum (Machinery Provisions) Act 1994.

    Form of ballot paper

    4.  The ballot paper for the referendum shall be in the form set out in the Schedule.

    Formality of ballot paper

    5.  For the purposes of the scrutiny of the referendum—

    (a)where a tick has been marked in, or adjacent to, the box set out on a referendum ballot paper for the marking of the elector’s preference, it shall be read as a “yes”;

    (b)a cross marked on a referendum ballot paper shall not be taken to record a vote; and

    (c)any writing on a referendum ballot paper other than a “yes”, “no” or a tick shall be disregarded unless it renders the elector’s intention unclear.

    Material supplied to mobile polling team

    6.  For the purposes of paragraph 151 (1) (b) of the Electoral Act as applied by section 12 of the Act, a visiting officer shall, when visiting under section 150 of the Electoral Act for the purposes of the referendum, take any additional material made available for the purposes of that referendum by a person who—

    (a)was an MLA on 8 December 1994; or

    (b)is a candidate for the election to be held on the day on which the referendum is to be held.

    Request for recount

    7.  For the purposes of paragraph 14 (3) (c) of the Act, a person who was an MLA on 8 December 1994 is authorised to request a recount of ballot papers in relation to the referendum.

    Scrutineers

    8.  A person who was an MLA on 8 December 1994 may appoint a scrutineer or scrutineers for the purposes of the referendum.

    SCHEDULE  Regulation 4

    BALLOT PAPER

    Referendum Ballot Paper

    Write YES or NO

    in the box below

    to show whether you approve the

    law to entrench the principles

    of the proportional representation

    (Hare-Clark) electoral system

    Do you approve the entrenching law?

    Write “YES” or “NO”

    NOTE

    1.  Subordinate Law No. 2, 1995 (in force under Referendum (Machinery Provisions) Act 1994) made on 10 January 1995: notified in the ACT Gazette on 12 January 1995; commenced on 12 January 1995.

    Repealed by Statute Law Amendment Act 2001 A2001-56 sch 4 pt 4.4 on 5 September 2001.

    ©  Australian Capital Territory 2015

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