Referendums Act 1989 (Qld)

Queensland REFERENDUMS ACT 1989 Reprinted as in force on 23 February 1996 (includes amendments up to Act No. 36 of 1992) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 23 February 1996. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • update citations and references (pt 4, div 2) • update references (pt 4, div 3) • express gender specific provisions in a way consistent with current drafting practice (s 24) • use different spelling consistent with current drafting practice (s 26(2)) • use standard punctuation consistent with current drafting practice (s 27) • use conjunctives and disjunctives consistent with current drafting practice (s 28) • use expressions consistent with current drafting practice (s 29) • reorder definitions consistent with current drafting practice (s 30) • relocate marginal or cite notes (s 34) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (s 39) • omit unnecessary referential words (s 41) • omit the enacting words (s 42A) • number and renumber certain provisions and references (s 43) • correct minor errors (s 44) • make all necessary consequential amendments (s 7 (1)(k). Also see endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including— • table of changed names and titles • table of obsolete and redundant provisions • table of corrected minor errors • table of renumbered provisions.

Queensland REFERENDUMS ACT 1989 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1.1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.3 References to chief returning officer and principal electoral officer . . . . . . 7 PART 2—WRIT FOR A REFERENDUM 2.1 Writ for a referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2.2 Form of writ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2.3 Statement of referendum issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2.4 Duties of chief returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.5 Returning officers etc. to make declaration . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 3—STATEMENT OF ARGUMENTS 3.1 Publication of ‘yes’ and ‘no’ cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3.2 Limitation on expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 4—POLLING AND CONDUCT OF REFERENDUM 4.1 Writ directed to returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4.2 Provision of ballot boxes etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4.3 Hospital room or ward deemed to be part of polling booth in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4.4 Returning officer to provide presiding officers . . . . . . . . . . . . . . . . . . . . . . . 13 4.5 Appointment of poll clerks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4.6 Illness etc. of returning officer or presiding officer . . . . . . . . . . . . . . . . . . . . 13 4.7 Adjournment of referendum by presiding officer . . . . . . . . . . . . . . . . . . . . . . 14 4.8 Taking of adjourned referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4.9 Minimum age of presiding officer etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2 Referendums Act 1989 4.10 Printing, supplying and distributing ballot papers . . . . . . . . . . . . . . . . . . . . . 14 4.11 Hours of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4.12 Scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4.13 Ballot box to be opened for inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4.14 Restriction on entry to polling booth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4.15 Questions to voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4.16 Declaration against bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4.17 Elector required to answer questions, take oath etc. only as prescribed . . . 19 4.18 No exclusion from voting except on specified grounds . . . . . . . . . . . . . . . . 19 4.19 Ballot paper to be given to elector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4.20 Name of elector to be marked on roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4.21 Mode of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4.22 Issue of ballot paper in substitution for spoilt one . . . . . . . . . . . . . . . . . . . . . 22 4.23 Duty of presiding officer where claimant to vote appears to have already done so . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4.24 Voting as absent voter outside district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4.25 Voting in vicinity of, but not in, polling booth by elector unexpectedly incapacitated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 4.26 Voting by electors in prescribed cities outside the State . . . . . . . . . . . . . . . 35 4.27 Attendance before returning officer or prescribed electoral registrar to vote before polling day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 4.28 Electoral visitor voting in cases of illness etc. . . . . . . . . . . . . . . . . . . . . . . . 44 4.29 Assistance to certain incapacitated voters . . . . . . . . . . . . . . . . . . . . . . . . . . 55 4.30 Postal voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 4.31 General postal voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 4.32 Vote by person not named as an elector on the roll . . . . . . . . . . . . . . . . . . . 63 4.33 When defective declaration etc. not to invalidate vote . . . . . . . . . . . . . . . . 69 4.34 Voting compulsory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 4.35 Proceedings in case of riot or violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 4.36 Prohibition in respect of canvassing etc. near or within place of voting . . . 75 4.37 Party emblems not to be worn or displayed in place of voting . . . . . . . . . . 76 4.38 Powers of presiding officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

3 Referendums Act 1989 PART 5—PUBLICATION OF RESULTS 5.1 Assistant returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 5.2 Presiding officer to examine and count votes and seal and forward parcels to returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 5.3 Returning officer to examine and count votes at his or her polling booth and seal parcels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 5.4 Returning officer to open sealed parcels transmitted by presiding officers, count the votes and reseal each parcel . . . . . . . . . . . . . . . . . . . . . . 80 5.5 When scrutiny may proceed despite absence of certain votes . . . . . . . . . . 82 5.6 Causes for rejection and circumstances of nonrejection of ballot paper . . . 82 5.7 Recounting of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 5.8 Declaration of referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 5.9 Ballot papers to be delivered to clerk of the Parliament . . . . . . . . . . . . . . . 83 5.10 Referendum not to be questioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 5.11 Remedy for informalities in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 PART 6—SUPPLEMENTAL PROVISIONS 6.1 Political articles to be signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 6.2 Printing publishing etc. material intended or likely to mislead . . . . . . . . . . 87 6.3 Institution of proceedings for offences under ss 6.1 and 6.2 . . . . . . . . . . . . . 87 6.4 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 6.5 Unauthorised possession of ballot papers etc. . . . . . . . . . . . . . . . . . . . . . . . . 88 6.6 Offences in relation to postal voting and enrolment . . . . . . . . . . . . . . . . . . . 88 6.7 Obstruction or wilful misleading of principal electoral officer etc. . . . . . . . 89 6.8 Person guilty of corrupt or illegal practice etc. prohibited from voting . . . . 90 6.9 Neglect by principal electoral officer etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 6.10 Undue influence by certain officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 6.11 Neglect by returning officer etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 6.12 General penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 6.13 Summary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 6.14 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 6.15 Publication of orders in council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 PART 7—CHALLENGE TO REFERENDUM 7.1 Method of challenge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

4 Referendums Act 1989 7.2 Power of elections tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 7.3 Immaterial errors not to vitiate referendum . . . . . . . . . . . . . . . . . . . . . . . . . . 93 PART 8—POLLING IN CONJUNCTION WITH 1991 TRIENNIAL MUNICIPAL ELECTIONS 8.1 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 8.2 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 8.3 Polling under Local Government Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 8.4 Polling under City of Brisbane Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 8.5 Polling under Community Services Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 8.6 Polling for other areas of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 8.7 Directions etc. by chief returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 PART 9—POLLING AT 1992 DAYLIGHT SAVING REFERENDUM 9.1 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 9.2 Single electoral roll for distribution and referendum . . . . . . . . . . . . . . . . . . 104 9.3 Directions by electoral commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 106 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 112 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 6 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . 115 7 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . 115 8 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 9 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116

5 Referendums Act 1989 REFERENDUMS ACT 1989 [as amended by all amendments that commenced on or before 23 February 1996] An Act to provide for the conduct of a referendum and for related purposes PART 1—PRELIMINARY ˙ Short title 1.1 This Act may be cited as the Referendums Act 1989 . ˙ Definitions 1.2 In this Act— “ballot paper” means a paper in accordance with the form in the schedule posing the issue to be submitted to referendum. “elections tribunal” means the elections tribunal established pursuant to the Elections Act 1983 . “elector” means an elector for the purposes of the Elections Act 1983 . “electoral commissioner” means the electoral commissioner appointed under the Elections Act 1983 . “electoral district” or “district” means an electoral district for the purposes of the Elections Act 1983 . “electoral registrar” means an electoral registrar for the purposes of the Elections Act 1983 . “poll” means the taking of the vote for the purposes of a referendum. “poll clerk” means the officer appointed by the returning officer to assist himself or herself or the presiding officer in taking the poll at any

6 Referendums Act 1989 polling booth or in carrying out any of the other duties under this Act. “polling booth” means a place appointed for the taking of the vote for the purposes of the Elections Act 1983 or this Act. “polling day” means the day fixed for the taking of the vote. “prescribed electoral registrar” means— (a) an electoral registrar for the district for which the elector is enrolled for the purposes of the Elections Act 1983 ; (b) an electoral registrar designated by order in council as a prescribed electoral registrar for the purposes of the Elections Act 1983 or this Act, the Governor in Council being hereby authorised to so designate electoral registrars for the purpose. “prescribed form” means— (a) a form prescribed by this Act or the regulations; or (b) a form approved by the chief returning officer. “presiding officer” means the returning officer or other person duly appointed to take the poll at any polling booth appointed for an electoral district or the substitute duly appointed of either. “referendum” means the taking of the vote of the electors qualified to vote for the election of members of the Legislative Assembly on— (a) a Bill required to be approved by the electors qualified to vote for the election of members of the Legislative Assembly; or (b) a question resolved by the Legislative Assembly to be submitted to the vote of the electors qualified to vote for the election of members of the Legislative Assembly. “returning officer” means the returning officer for an electoral district for the purposes of the Elections Act 1983 and any person appointed under that Act to assist that person; such returning officer being deemed to be a returning officer for the purposes of this Act. “roll” means a roll for the purposes of the Elections Act 1983 which is deemed to be a roll for the purposes of this Act. “scrutineer” means a person appointed as a scrutineer in accordance with this Act.

7 Referendums Act 1989 ˙ References to chief returning officer and principal electoral officer 1.3 A reference in this Act to the chief returning officer or the principal electoral officer is a reference to the electoral commissioner. PART 2—WRIT FOR A REFERENDUM ˙ Writ for a referendum 2.1 Where— (a) a Bill is to be submitted to the electors qualified to vote for the election of members of the Legislative Assembly; or (b) the Legislative Assembly has resolved that a question be submitted to the electors qualified to vote for the election of members of the Legislative Assembly; the Governor may issue the Governor’s writ to the chief returning officer for the conduct of a referendum. ˙ Form of writ 2.2 The writ for the purpose of section 2.1 must be in accordance with the relevant form in the schedule and must specify— (a) the day for the close of the rolls; (b) the day appointed for the holding of the referendum; (c) the day for the return of the writ. ˙ Statement of referendum issue 2.3 There must be attached to the writ— (a) a copy of the Bill to be submitted to the electors qualified to vote for the election of members of the Legislative Assembly; or (b) a statement of the question resolved by the Legislative Assembly

8 Referendums Act 1989 to be submitted to the electors qualified to vote for the election of members of the Legislative Assembly. ˙ Duties of chief returning officer 2.4 Upon receipt of the writ the chief returning officer must— (a) endorse on the writ the date of receipt by the chief returning officer; (b) insert in the gazette and in 2 or more newspapers circulating in the State a notification of the receipt of the writ and of the day appointed for the holding of the referendum and for the return of the writ; (c) insert in the gazette within 14 days of the date of receipt of the writ by the chief returning officer a list, with sufficient particularisation to identify the location, of all polling booths appointed by the chief returning officer for the taking of the poll for the referendum; (d) forward a copy of the writ and of the Bill or question attached thereto to the returning officer of each electoral district who is to be a returning officer for that electoral district for the purposes of this Act; (e) cause a copy of the writ and of the attached Bill or question to be publicly displayed at every place appointed for the holding of a Magistrates Court. ˙ Returning officers etc. to make declaration 2.5(1) Every person appointed a returning officer, a presiding officer, an assistant returning officer or a poll clerk for the purposes of this Act, other than a person deemed to be such returning officer, must make and subscribe a solemn declaration in the prescribed form before the person enters on the duties of such office. (2) The solemn declaration must be made and subscribed before a justice of the peace or, in the case of a presiding officer or poll clerk appointed in respect of a polling booth at which a justice of the peace is not available, before an elector.

9 Referendums Act 1989 (3) Every presiding officer or poll clerk, upon making and subscribing the solemn declaration, must transmit it forthwith to the returning officer of the district in question, and the returning officer must transmit it to the clerk of the Parliament at the same time as the returning officer transmits the packet or packets referred to in section 5.9(1) in compliance therewith. (4) Each returning officer for the purposes of this Act, other than a deemed returning officer, must, within 7 days after the receipt by the returning officer of notification of his or her appointment, transmit the solemn declaration made and subscribed by the returning officer under this section to the chief returning officer. PART 3—STATEMENT OF ARGUMENTS ˙ Publication of ‘yes’ and ‘no’ cases 3.1(1) If— (a) a Bill or question is the subject of a writ issued under this Act; and (b) within 4 weeks after— (i) the Bill is passed by the Legislative Assembly; or (ii) the Legislative Assembly resolves (whether before or after the commencement of this section) that the question be submitted to the electors qualified to vote for the election of members of the Legislative Assembly; there is to be forwarded to the electoral commissioner— (iii) an argument in favour of the Bill or an affirmative answer to the question to be submitted to the electors in accordance with the resolution, consisting of not more than 1 000 words, authorised by a majority of the members of the Legislative Assembly who both— (A) voted for the Bill or an affirmative answer to the question; and

10 Referendums Act 1989 (B) desire to forward such an argument; or (iv) an argument against the Bill or an affirmative answer to the question to be submitted to the electors in accordance with the resolution, consisting of not more than 1 000 words, authorised by a majority of the members of the Legislative Assembly who both— (A) voted against the Bill or an affirmative answer to the question; and (B) desire to forward such an argument; then— (c) if— (i) the commissioner receives an argument under paragraph (b)(iii) and an argument under paragraph (b)(iv) in relation to the referendum; and (ii) each argument is accompanied by a request that the electoral commissioner cause a copy of the argument to be posted to each elector; subsection (3) applies to the referendum; and (d) in any other case—subsection (2) applies to the referendum. (2) If this subsection applies to the referendum, the electoral commissioner must cause to be published in at least 2 newspapers circulating throughout the State, on at least 2 occasions (1 occasion being the day before the day appointed for the referendum), a notice containing, as nearly as practicable, the argument in favour of or against the Bill or question or both, as the case requires. (3) If this subsection applies to the referendum, the electoral commissioner must, not later than 14 days before the day appointed for the referendum, cause to be printed and posted to each elector a pamphlet containing, as nearly as practicable, the arguments in favour of and against the Bill or question. (4) The format and printing style of a notice under subsection (2), or a pamphlet under subsection (3), are to be as the electoral commissioner determines.

11 Referendums Act 1989 ˙ Limitation on expenditure 3.2 Money must not be expended by the State in the presentation of arguments in favour of a Bill or question or against a Bill or question except in relation to— (a) the preparation and publication of newspaper notices under section 3.1; and (b) the preparation, printing and distribution of pamphlets under section 3.1, or the preparation and distribution of translations into other languages of material contained in those pamphlets; and (c) the salaries and allowances of members of the Legislative Assembly, of members of the staff of members of the Legislative Assembly or of persons who are officers of the public service for the purposes of the Public Service Management and EmploymentAct 1988 . PART 4—POLLING AND CONDUCT OF REFERENDUM ˙ Writ directed to returning officers 4.1(1) Upon receipt of a copy of the writ from the chief returning officer, the returning officer must give public notice of— (a) the day; and (b) the several polling booths; appointed for the referendum. (2) The returning officer may, not later than 14 days prior to polling day— (a) cancel an existing polling booth; or (b) appoint an additional polling booth; for the referendum in which case the returning officer must give public notice of his or her action and advise the chief returning officer within

12 Referendums Act 1989 7 days of his or her action. (3) Public notice for the purpose of this section may be given by the insertion of an advertisement in a newspaper circulating in the general area the subject of the action or in such other manner as the returning officer considers appropriate. ˙ Provision of ballot boxes etc. 4.2(1) For taking the vote the returning officer must cause to be provided at each polling booth— (a) a ballot box; and (b) a compartment or compartments in which electors may record their votes; and (c) all necessary materials to enable electors to mark the ballot papers. (2) In any case where the number of electors likely to vote at a polling booth is such that, in the opinion of the returning officer, more than 1 ballot box should be provided, the returning officer must cause 2 or more ballot boxes to be provided at that polling booth. (3) A ballot box must be a box with a cleft or opening therein capable of receiving the folded ballot papers. ˙ Hospital room or ward deemed to be part of polling booth in certain cases 4.3 If a part of a hospital or charitable institution is appointed as a polling booth, every room or ward of the hospital or charitable institution in which there is any elector unable by reason of ill-health to present himself or herself to record his or her vote and deposit it in a ballot box at the polling booth, is deemed to be part of the polling booth for the purposes of enabling such elector to record his or her vote, and a presiding officer presiding in respect of a ballot box may take the ballot box to any such elector for the purpose of receiving the vote recorded by the elector.

13 Referendums Act 1989 ˙ Returning officer to provide presiding officers 4.4(1) The returning officer— (a) may preside at 1 polling booth within or belonging to the returning officer’s district; (b) must by written notice appoint presiding officers to take the poll at all polling booths except— (i) that at which the returning officer presides; and (ii) those central polling booths for which assistant returning officers have been appointed as hereafter in this Act provided; (c) must supply a copy of the roll certified by the returning officer under his or her hand to each presiding officer. (2) Where the returning officer, pursuant to section 4.2, causes 2 or more ballot boxes to be provided at a polling booth, the returning officer must by written notice appoint a presiding officer to take the poll in respect of each ballot box other than one in respect of which the returning officer presides and all provisions of this Act relating to presiding officers apply to presiding officers presiding in respect of such ballot boxes. (3) Appointment by the returning officer of any person as a presiding officer must be subject to the prior approval of the chief returning officer. ˙ Appointment of poll clerks 4.5 The returning officer may appoint a poll clerk or poll clerks to assist the returning officer or the presiding officer in taking the poll or in carrying out any of the returning officer’s other duties under this Act. ˙ Illness etc. of returning officer or presiding officer 4.6 If any returning officer or other presiding officer is prevented from presiding at a polling booth by illness or other sufficient cause, the returning officer may, by written notice, appoint a substitute to act for him or her or for the presiding officer, as the case may be; and the substitute has full power and authority to do at the polling booth in question all things required by this Act to be done by the officer for whom he or she is a substitute.

14 Referendums Act 1989 ˙ Adjournment of referendum by presiding officer 4.7(1) The presiding officer at any polling booth may adjourn the referendum at that polling booth in any case where the taking of the referendum is or is likely to be interrupted or obstructed by storm, tempest, flood, fire or other occurrence of a like nature. (2) Where a referendum has been adjourned pursuant to subsection (1) by a presiding officer other than a returning officer, the presiding officer must forthwith give notice of the adjournment to the returning officer, and in any case the returning officer must give notice of the adjournment to the chief returning officer. ˙ Taking of adjourned referendum 4.8 If for any reason the vote is not taken at a polling booth on referendum day, it is lawful for the chief returning officer, where the chief returning officer is of the opinion that the number of votes likely in his or her opinion to be cast at that polling booth is likely to affect the overall result of the referendum, to appoint another day not later than 14 days from the day named in the writ for taking the poll at such polling booth, of which appointment due notice must be publicly given, and the poll must be taken accordingly and is deemed to have been taken on the day first appointed. ˙ Minimum age of presiding officer etc. 4.9 A person who is under the age of 18 years must not be appointed to act as presiding officer or as substitute for the returning officer or a presiding officer or as poll clerk. ˙ Printing, supplying and distributing ballot papers 4.10(1) The electoral commissioner must arrange for, control and supervise— (a) the printing of the ballot papers for the taking of the poll; and (b) the supply to electoral officials of ballot papers in sufficient numbers. (2) Every ballot paper must be—

15 Referendums Act 1989 (a) in the appropriate form set out in the schedule; and (b) of the colour approved by the electoral commissioner; and (c) attached to a butt that— (i) must not be part of the ballot paper; and (ii) must be perforated in a way that permits the ballot paper to be easily detached from it; and (iii) must be numbered in a regular arithmetical sequence starting at 1. (3) The electoral commissioner may give directions with respect to the printing of ballot papers, their delivery to appropriate electoral officials and subsequent dealings with the ballot papers by electoral officials and the printer. (4) Subject to any directions under subsection (3), a returning officer must supply to each polling booth ballot papers equal to the number of electors likely to vote at the polling booth. (5) A person who contravenes a direction under subsection (3) commits an offence. Maximum penalty—10 penalty units. (6) In this section— “electoralofficial” includes a returning officer, assistant returning officer, overseas officer, interstate officer, prescribed electoral registrar or presiding officer. ˙ Hours of voting 4.11(1) The voting must commence at 8 a.m. and must close at 6 p.m. of the same day unless adjourned by reason of riot or other interruption pursuant to a provision of this Act. (2) However, any person present in the room or place where the ballot box or ballot boxes is or are provided in the polling booth at 6 p.m. of polling day who is entitled to vote as an elector and who desires to vote must be permitted to vote.

16 Referendums Act 1989 ˙ Scrutineers 4.12(1) A member of the Legislative Assembly may by written notice appoint a scrutineer or scrutineers— (a) at each polling booth; or (b) where there are 2 or more ballot boxes provided at a polling booth, in respect of each of those ballot boxes; or (c) at any other place where a vote is being or is to be cast in accordance with this Act. (2) Every person so appointed a scrutineer must upon his or her appointment make and subscribe before the presiding officer a solemn declaration in the prescribed form. (3) At any one and the same time during the hours of polling, a member of the Legislative Assembly is entitled to have 1, and only 1, scrutineer in a polling booth unless that polling booth is provided with 2 or more ballot boxes, in which case the member may have 1, and only 1, scrutineer in respect of each of those ballot boxes. (3A) However, another scrutineer for such member of the Legislative Assembly may enter a polling booth for the purpose of taking the place of a scrutineer for such member in question already present therein or for the purpose of voting. (4) A member of the Legislative Assembly in accordance with subsection (1) is entitled to have 1, and only 1, scrutineer at any other place where a vote is being cast in accordance with this Act. (5) A person must not, without lawful authority, prevent or attempt to prevent a scrutineer from entering or leaving the polling booth at or to which the scrutineer is appointed or where there is a ballot box in respect of which the scrutineer is appointed at any time during the hours of polling or from entering or leaving any other place at or to which the scrutineer is appointed where a vote is being or is to be cast in accordance with this Act. (6) A person who is under the age of 18 years must not be appointed to act as a scrutineer. (7) A member of the Legislative Assembly is, for the purposes of this Act, deemed to be a scrutineer under this Act.

17 Referendums Act 1989 ˙ Ballot box to be opened for inspection 4.13 A ballot box must be opened to be inspected by the poll clerks, any member of the Legislative Assembly, and scrutineers before being sealed for receiving the ballot papers. ˙ Restriction on entry to polling booth 4.14(1) Subject to subsection (2), a person other than— (a) the presiding officer; (b) the returning officer, whether or not the returning officer is the presiding officer; (c) the poll clerk; (d) a member of the Legislative Assembly; (e) the scrutineers of a member of the Legislative Assembly; (f) the electors who for the time being are voting; is not entitled to be present in a room or place where a ballot box is provided in a polling booth. (2) The presiding officer or poll clerk may summon to his or her assistance in the polling booth any police officer for the purpose of preserving the public peace or preventing any breach thereof, and for removing out of the polling booth any person who in his or her opinion is obstructing the polling or wilfully violating this Act. ˙ Questions to voters 4.15(1) The presiding officer— (a) may of his or her own motion if the presiding officer thinks fit; and (b) must, if thereunto required by a scrutineer upon grounds stated by that scrutineer (being in the case of the question numbered 3 set out hereunder in this subsection 1 or more of the grounds prescribed by this Act as disqualifying from voting the person to whom the question is required to be put) and warranting, in the opinion of the presiding officer, the putting thereof;

18 Referendums Act 1989 put to any person claiming to be an elector before that person votes and not afterwards any 1 or more of the following questions— 1. Are you the same person whose name appears as (A.B., number ) in the roll? 2. Have you already voted, either here or elsewhere, at the present referendum? 3. Are you disqualified from voting for the reason that (here state the ground for this question)? (2) A person required to answer such questions, or any of them, is not permitted to vote until the person has answered the same in writing signed by the person to the satisfaction of the presiding officer and in such a manner as to show that the person is entitled to vote. (3) The prescribed questions must be endorsed upon an envelope and when the person required to answer them, or any of them, has done so in writing signed by the person and otherwise satisfied the requirements of this section, the person must— (a) record his or her vote in the manner prescribed; (b) then fold the ballot paper so as to conceal the manner in which he or she has voted; (c) then hand the folded ballot paper to the presiding officer; and the presiding officer must, without unfolding the ballot paper and in the presence and sight of the elector and of such scrutineers (if any) as are present, place it in the envelope on which the prescribed questions are endorsed and, after securely fastening the envelope, deposit it in the ballot box. (4) At the scrutiny the returning officer must produce unopened all envelopes received by the returning officer immediately containing votes for his or her district permitted under this section and, if the returning officer is satisfied in every respect that the person who voted was entitled to do so, the returning officer must open the envelope containing the ballot paper and, without then unfolding the ballot paper, place it in a ballot box and set the envelope aside for separate custody. (5) If the returning officer is not so satisfied in every respect that the person who voted was entitled to do so, the returning officer must reject that

19 Referendums Act 1989 vote and must, without in any way unfastening or permitting or allowing to be in any way unfastened the envelope containing it, set that envelope aside for separate custody. (6) When the returning officer has dealt with all the envelopes containing votes permitted under this section produced by the returning officer at the scrutiny, the returning officer must open the ballot box and count in the manner prescribed such and so many ballot papers recording those votes as the returning officer has placed therein. (7) However, the returning officer must reject any of those ballot papers required by the provisions of section 5.6 to be rejected at the close of the poll. ˙ Declaration against bribery 4.16 The presiding officer may if the presiding officer thinks fit, and must if called upon so to do by any scrutineer, require any person claiming to vote to make a solemn declaration against bribery in the prescribed form, and any person refusing to make such declaration is not entitled to vote. ˙ Elector required to answer questions, take oath etc. only as prescribed 4.17 An elector is not at a referendum required to answer any questions or to take any oath or make any affirmation or declaration except as provided by this Act. ˙ No exclusion from voting except on specified grounds 4.18 A person claiming to vote at a referendum is not excluded from voting except by reason of it appearing to the presiding officer, upon putting the prescribed questions or any of them— (a) that the person is not the person whose name appears on the roll; or (b) that the person has previously voted at the same referendum; or (c) that the person is otherwise not entitled to vote; or except by reason of such person refusing to answer any of such

20 Referendums Act 1989 questions or to take any prescribed oath or make any prescribed affirmation or declaration. ˙ Ballot paper to be given to elector 4.19(1) When an elector has satisfied the presiding officer that the person is entitled to vote at the referendum, the presiding officer must deliver to the person a ballot paper. (2) A presiding officer who, having a sufficient supply of ballot papers, fails to comply with subsection (1) when satisfied of the elector’s entitlement to vote as therein provided is guilty of wilful neglect of duty. ˙ Name of elector to be marked on roll 4.20(1) Upon delivery of the ballot paper to the elector, the presiding officer or poll clerk must, on the copy of the roll in use by him or her or, in the case of a presiding officer other than the returning officer, on the certified copy of the roll supplied to him or her by the returning officer, place a mark against the name of the elector. (2) The presiding officer or poll clerk must use ink or pencil of uniform colour in placing such marks on the roll. (3) The mark is prima facie evidence that the elector against whose name it is placed voted at the referendum. ˙ Mode of voting 4.21(1) Subject to subsection (1A), the elector must— (a) having received a ballot paper— (i) if the elector approves of the Bill or the question, place a tick √ in the space provided opposite the word ‘YES’ in the space provided on the ballot paper; or (ii) if the elector does not approve of the Bill or the question, place a tick √ in the space provided opposite the word ‘NO’ in the space provided on the ballot paper; (b) forthwith then fold up the paper in a manner as will conceal the

21 Referendums Act 1989 elector’s vote and deposit it in the ballot box in the presence of the presiding officer. (1A) If— (a) the elector— (i) writes the word ‘YES’ in the square opposite the word ‘YES’ on the ballot paper; or (ii) otherwise marks the ballot paper in a way that clearly and unambiguously indicates that the voter approves of the Bill or the question; the elector is taken to have marked the ballot paper as mentioned in subsection (1)(a)(i); and (b) the elector— (i) writes the word ‘NO’ in the square opposite the word ‘NO’ on the ballot paper; or (ii) otherwise marks the ballot paper in a way that clearly and unambiguously indicates that the voter does not approve of the Bill or the question; the elector is taken to have marked the ballot paper as mentioned in subsection (1)(a)(ii). (2) While an elector is in a compartment preparing the elector’s ballot paper, no other person is, except as hereinafter provided, allowed in such compartment. (3) If an elector satisfies the presiding officer that— (a) the elector is blind; or (b) the elector’s sight is so impaired or the elector is so physically incapacitated that the elector is unable to vote without assistance; or (c) the elector is illiterate and unable to vote without assistance; the presiding officer must— (d) permit another person appointed by the elector, and who the presiding officer is satisfied is an immediate relative of the elector, to enter an unoccupied compartment with the elector and mark,

22 Referendums Act 1989 fold and deposit the elector’s ballot paper for the elector; or (e) if the elector does not appoint another person as aforesaid, enter an unoccupied compartment with the elector and the poll clerk or another presiding officer and mark the elector’s ballot paper as provided in subsection (1) in the manner the elector says he or she desires to vote, after which the presiding officer must fold the ballot paper and deposit it in the ballot box for the elector. (4) The presiding officer must, if specifically requested by an elector who is blind or has impaired sight or is illiterate, state in accurate terms without comment or further elaboration the Bill or the question on the ballot paper. (5) An elector must not take out of the room or place where the ballot box is provided in the polling booth any ballot paper, whether marked or unmarked, delivered to the elector pursuant to this Act. ˙ Issue of ballot paper in substitution for spoilt one 4.22(1) If the elector to whom the ballot paper has been delivered satisfies the presiding officer before the elector has deposited the ballot paper in the ballot box that the elector has spoilt his or her ballot paper by accident or mistake, the elector may, if the presiding officer thinks fit, on giving up the spoilt ballot paper, be handed a new ballot paper by the presiding officer in substitution for the spoilt one. (2) Before being handed a new ballot paper, the elector must duly complete and sign a declaration in the prescribed form, endorsed upon an envelope, before the presiding officer that the original ballot paper has been spoilt by accident or mistake, as the case may be, and must give such envelope endorsed with the prescribed declaration to the presiding officer with the spoilt ballot paper. (3) Before handing the new ballot paper to the elector, the presiding officer must place the spoilt ballot paper in the envelope which is endorsed with the prescribed declaration, fasten the envelope and set it aside for separate custody.

23 Referendums Act 1989 ˙ Duty of presiding officer where claimant to vote appears to have already done so 4.23(1) If on the roll in use by the presiding officer at a polling booth the name of a person claiming to vote as an elector at such polling booth is marked to indicate that such person has already received a ballot paper, the presiding officer must put to such person the prescribed questions. (2) Such person must not be permitted to vote until the person has answered the prescribed questions in writing signed by the person to the satisfaction of the presiding officer and in such manner as to show that the person is entitled to vote. (3) When the person required to answer the prescribed questions has done so in writing signed by the person and otherwise satisfied the requirements of this section, the person must— (a) record his or her vote in the manner prescribed; (b) then fold the ballot paper so as to conceal the manner in which he or she has voted; (c) then hand the folded ballot paper to the presiding officer; and the presiding officer must, without unfolding the ballot paper and in the presence and sight of the elector and of such scrutineers (if any) as are present, place it in the envelope on which the prescribed questions are endorsed and, after securely fastening the envelope, deposit it in the ballot box. (4) At the scrutiny the returning officer must produce unopened all envelopes received by the returning officer immediately containing votes for his or her district permitted under this section and, if the returning officer is satisfied in every respect that the person who voted was entitled to do so, the returning officer must open the envelope containing the ballot paper and, without then unfolding the ballot paper, place it in a ballot box and set the envelope aside for separate custody. (5) If the returning officer is not so satisfied in every respect that the person who voted was entitled to do so, the returning officer must reject that vote and must, without in any way unfastening or permitting or allowing to be in any way unfastened the envelope containing it, set that envelope aside for separate custody. (6) When the returning officer has dealt with all the envelopes containing

24 Referendums Act 1989 votes permitted under this section produced by the returning officer at the scrutiny, the returning officer must open the ballot box and count in the manner prescribed such and so many ballot papers recording those votes as the returning officer has placed therein. (7) However, the returning officer must reject any of those ballot papers required by the provisions of section 5.6 to be rejected at the close of the poll. ˙ Voting as absent voter outside district 4.24(1) Subject to this Act, any elector may vote as an absent voter at any polling booth that is not a polling booth for the district for which the elector is enrolled. (2) In every such case the person claiming to vote must answer the questions following— (a) For what electoral district are you qualified to vote? (b) What is your surname? (c) What are your christian names in full? (d) What is your occupation? (e) What is your full address on the roll for the electoral district or which you claim to vote? (f) What is your present address? and must endorse in the prescribed form the answers to such questions upon an envelope and sign the same. (3) A presiding officer at any polling booth at which a person claims to vote under this section must not deliver a ballot paper to that person until the presiding officer has obtained from the person an envelope endorsed to the presiding officer’s satisfaction with the answers to such questions and signed by that person and that person has, in the presence and hearing of the presiding officer, declared that the answers to the questions are true and that the signature is the person’s. (4) Subject to the person in question so declaring, the presiding officer must witness the signature. (5) Any person who—

25 Referendums Act 1989 (a) wilfully makes a false answer to any of the questions that the person is required under subsection (2) to answer; or (b) signs his or her name upon any envelope any part of the endorsement of which is to the person’s knowledge false is guilty of an offence. Maximum penalty—2 penalty units. (6) Subject to compliance in every respect with the requirements of subsections (1) to (5)— (a) the presiding officer must give to the elector concerned a ballot paper, but retain the envelope endorsed as aforesaid; (b) the elector must, in a compartment provided at the polling booth in question to enable electors to mark ballot papers, record the elector’s vote in the manner prescribed, and immediately thereafter fold up the ballot paper so as to conceal the manner in which the elector has voted and deliver it to the presiding officer; (c) the presiding officer must then, in the sight and presence of the elector and of such scrutineers (if any) as are present and without unfolding the ballot paper, enclose it in the envelope endorsed, in respect of that elector, as hereinbefore provided in this section and, after securely fastening that envelope, deposit it in the ballot box. (7) Every presiding officer must make, in the prescribed form, a record of the name of every elector permitted by the presiding officer to vote under this section, the district for which the vote is permitted, and the full address of that elector, as stated by the elector, on the roll for that district. (7A) The record of particulars referred to in subsection (7) must be made before the particular envelope bearing the declaration is deposited in the ballot box. (7B) A presiding officer must initial separately the particulars so recorded by the presiding officer in respect of each elector. (8) Forthwith at the close of the poll each presiding officer must— (a) sort the envelopes containing votes recorded under this section into separate bundles according to the districts for which those votes have been so permitted; and

26 Referendums Act 1989 (b) prepare advice notes of the total number of absent votes permitted for the respective districts and attach each advice note to the separate bundle appropriate to it; and (c) enclose the separate bundles with the advice notes attached thereto together with the record of electors permitted to vote as absent voters in an outer envelope and securely fasten the envelope; and (d) transmit by post or otherwise that envelope, properly addressed, to the returning officer of the district for which the presiding officer acted as such presiding officer. (9) A presiding officer acting as such for 2 or more districts must transmit the envelope specified in subsection (8) to the returning officer who supplied the presiding officer with the ballot papers given by the presiding officer to the electors named in the form of record enclosed in that envelope as having been permitted to vote under this section. (10) When the returning officer for a district has received from each presiding officer for the returning officer’s district who has permitted votes under this section the absent vote envelopes, advice notes and form of record, the returning officer must— (a) verify the number of votes permitted by each such presiding officer; and (b) sort all of the absent vote envelopes received from all of the presiding officers into separate bundles according to the districts for which the votes have been permitted; and (c) enclose each bundle in respect of a district together with a form of notification as prescribed in an outer envelope and securely fasten the envelope; and (d) transmit by post or otherwise every such outer envelope, properly addressed, to the returning officer of the district respectively for which the votes enclosed therein have been permitted; and (e) inform each such returning officer, by telephone or other expeditious means, of the total number of votes permitted for his or her district. (11) At the scrutiny the returning officer must produce unopened all envelopes received by the returning officer immediately containing votes for the returning officer’s district permitted under this section and, without in

27 Referendums Act 1989 any way unfastening or permitting or allowing to be in any way unfastened any envelope immediately containing such a ballot paper, satisfy himself or herself— (a) by examining the endorsements upon that envelope, that those endorsements are in order and duly signed and witnessed; and (b) by comparing those endorsements with the roll for the returning officer’s district used by him or her at the referendum in question, that the voter is an elector entitled to vote for the district of that returning officer at the referendum in question. (12) If the returning officer satisfies himself or herself in every respect in relation to the matters referred to in subsection (11), the returning officer must place a mark against the name of the elector concerned in the roll used by the returning officer at the referendum. (13) If in respect of any vote permitted under this section the returning officer is not satisfied in every respect in relation to the matters referred to in subsection (11), the returning officer must reject that vote and must, without in any way unfastening or permitting or allowing to be in any way unfastened the envelope containing it, set that envelope aside for separate custody. (14) Subject to section 4.33, the returning officer must also reject and set aside for separate custody any envelope purporting to contain a vote permitted under this section which does not bear thereon the endorsements signed and witnessed as prescribed by this section. (15) If in respect of any vote permitted under this section the returning officer is satisfied in every respect as required by the provisions of this section, the returning officer must open the envelope containing the ballot paper and, without then unfolding the ballot paper, place it in a ballot box and set the envelope aside for separate custody. (16) When the returning officer has dealt with all the envelopes containing votes permitted under this section produced by the returning officer at the scrutiny at any one and the same time, the returning officer must open the ballot box and count in the manner prescribed by this Act such and so many ballot papers recording those votes as the returning officer has placed therein; and must so proceed in respect of every such time until the day when all votes permitted under this section have been received and dealt with by the returning officer or until the day when no further ballot

28 Referendums Act 1989 papers are to be counted, whichever sooner occurs. (16A) However, the returning officer shall reject any of those ballot papers required by the provisions of section 5.6 to be rejected at the close of the poll. (17) A signature upon an envelope endorsed with an absent voter’s declaration purporting to be the signature of a voter is upon a scrutiny, without further proof, prima facie evidence that such voter voted at the referendum as an absent voter. ˙ Voting in vicinity of, but not in, polling booth by elector unexpectedly incapacitated 4.25(1) Where an elector, although intending to vote in a polling booth on polling day, is on or shortly before polling day physically incapacitated to the extent that the elector is unable to enter a polling booth to vote but is able to bring himself or herself or to be brought to a place or position in close proximity to a polling booth ( “the voting place” ) by motor vehicle or any other means, the elector may make application in the prescribed form to the presiding officer at the polling booth in question before 5 p.m. of polling day to vote at the voting place. (2) An application so made must be taken to be an effective application only if it reaches the presiding officer not later than 5 p.m. of polling day; and an elector who makes an application that reaches the presiding officer after that time is not entitled to vote under this section. (3) A person to whom an application is entrusted by an applicant for the purpose of delivery to the presiding officer must deliver it to the presiding officer forthwith. (4) The application must be signed by the applicant with his or her own hand in the presence of, and must be declared before and attested by, an elector. (5) Upon receipt of the application not later than 5 p.m. of polling day, the presiding officer, if satisfied that the application is properly signed by the applicant, is properly attested and is otherwise completed must as soon as practicable but not later than 6 p.m. of polling day take the vote of the elector at the voting place. (6) Where the name of the applicant is on the roll of electors entitled to

29 Referendums Act 1989 vote for the district in which the polling booth is situated, the vote must be referred to as an ‘incapacitated person’s vote’ and, where the applicant states in his or her application that the applicant’s name is on the roll of electors entitled to vote for a district that is not the district in which the polling booth is situated, the vote must be referred to as an ‘incapacitated person’s absent vote’. (7) If the applicant in his or her application states the applicant’s name is on the roll of electors entitled to vote for the district in which the polling booth is situated and the presiding officer satisfies himself or herself that the name is not on the roll, the presiding officer must notify the applicant accordingly and must not take the applicant’s vote under this section. (8) As soon as practicable after a presiding officer has received an application under this section, the presiding officer must, if it is practicable to do so, notify any scrutineer of whom the presiding officer is aware, of the voting place, and of the approximate time when the vote is to be taken. (9) A person must not, without lawful authority, prevent or attempt to prevent a scrutineer who is entitled to be present at the voting place when a vote is being taken under this section from being so present. (10) A presiding officer— (a) may of his or her own motion if the presiding officer thinks fit; and (b) must if thereunto required by a scrutineer upon grounds stated by that scrutineer (being in the case of the question numbered 3 set out hereunder in this subsection 1 or more of the grounds prescribed by this Act as disqualifying from voting the person to whom the question is required to be put) and warranting, in the opinion of the presiding officer, the putting thereof; put to any applicant before the applicant votes and not afterwards any 1 or more of the following questions— 1. Is your name (A., B.,) and does your name so appear in the roll for the electoral district of (here state the name of the electoral district for which the applicant states in his or her application that his or her name is on the roll)? 2. Have you already voted at any place at the present referendum for the electoral district of (here state the name of the electoral district

30 Referendums Act 1989 in question) or any other electoral district? 3. Are you disqualified from voting for the reason that (here state the ground for this question)? (10A) An applicant required to answer such questions, or any of them, must not be permitted to vote until the applicant has answered the same in writing signed by the applicant to the satisfaction of the presiding officer, and in such a manner as to show that the applicant is entitled to vote. (10B) When the applicant required to answer the prescribed questions or any of them has done so in writing signed by the applicant and otherwise satisfied the requirements of subsections (10) and (10A), the applicant must hand the form on which those questions are endorsed to the presiding officer and must comply with the provisions of subsections (11) to (11C) in relation to the completion of the prescribed form of certificate or declaration, as the case may be, and after the applicant has, pursuant to subsection (12) fastened the envelope endorsed with the certificate or declaration, the applicant must hand it to the presiding officer who must attach to the back thereof by gum or other suitable means the form on which the prescribed questions are endorsed. (10C) Without derogating from any other provision of this section, if at the scrutiny the returning officer on producing unopened any envelope containing an incapacitated person’s vote in respect of his or her district and any envelope containing an incapacitated person’s absent vote in respect of his or her district pursuant to subsections (22) to (22E)— (a) is not satisfied in every respect that, having regard to the provisions of subsections (10) to (10B) and this subsection, the applicant was entitled to vote, the returning officer must reject that vote and endorse on the envelope that the vote is rejected pursuant to this subsection, whereupon the unopened envelope must be dealt with as in the case of a disallowed vote under subsections (22) to (22E); (b) is satisfied in every respect that, having regard to the provisions of subsections (10) to (10B) and this subsection, the applicant was entitled to vote, the returning officer must proceed in accordance with the provisions of subsections (22) to (22E). (11) The presiding officer must hand to the applicant—

31 Referendums Act 1989 (a) in the case of an incapacitated person’s vote—the prescribed form of certificate endorsed on an envelope; (b) in the case of an incapacitated person’s absent vote—the prescribed form of declaration endorsed on an envelope. (11A) The presiding officer must not hand a ballot paper to the applicant unless the presiding officer has obtained from the applicant— (a) in the case of an incapacitated person’s vote—the envelope endorsed to the presiding officer’s satisfaction with the certificate duly completed and signed by the applicant with the applicant’s own hand in the presence of the presiding officer; (b) in the case of an incapacitated person’s absent vote—the envelope endorsed to the presiding officer’s satisfaction with the answers to the questions thereon signed by the applicant with the applicant’s own hand and the applicant has, in the presence and hearing of the presiding officer, declared that the answers to such questions are true and that the signature is the person’s. (11B) Upon receipt of the envelope endorsed with the signed certificate or declaration, as the case may be, the presiding officer must then and there fill in the correct date and attest the signature of the applicant. (11C) The presiding officer then must hand the ballot paper to the applicant. (12) The applicant must— (a) in the presence but not in the sight of the presiding officer or any other person vote in the manner prescribed; (b) then fold the ballot paper so as to conceal the manner in which the applicant has voted; (c) then obtain from the presiding officer the envelope endorsed with the certificate or declaration, as the case may be, place the folded ballot paper therein, and fasten the envelope; (d) then hand the fastened envelope to the presiding officer. (13) If an applicant to whom a ballot paper has been handed under this section satisfies the presiding officer before the applicant has placed the ballot paper in the envelope and fastened the envelope in the manner prescribed that the applicant has spoilt his or her ballot paper by accident or

32 Referendums Act 1989 mistake, the applicant may, if the presiding officer thinks fit, on giving up the spoilt ballot paper, be handed a new ballot paper by the presiding officer in substitution for the spoilt one. (13A) Before being handed a new ballot paper, the applicant must duly complete and sign a declaration in the prescribed form, endorsed upon an envelope, before the presiding officer that the original ballot paper has been spoilt by accident or mistake, as the case may be, and must give such envelope endorsed with the prescribed declaration to the presiding officer with the spoilt ballot paper. (13B) Before handing the new ballot paper to the applicant, the presiding officer must place the spoilt ballot paper in the envelope that is endorsed with the prescribed declaration, fasten the envelope and set it aside for separate custody. (14) A presiding officer must in respect of each district for which the presiding officer has taken the vote of an applicant under this section, make a record in the prescribed form. (15) Any person present when an applicant is before a presiding officer for the purpose of voting under this section must— (a) obey all directions of the presiding officer; (b) except as provided in section 4.29— (i) refrain from making any communication whatever with the applicant in relation to his or her vote; (ii) refrain from assisting the applicant or in any manner interfering with the applicant in relation to his or her vote; (iii) refrain from looking at the applicant’s vote or from doing anything whereby the person may become acquainted with the applicant’s vote. (16) A person other than— (a) the applicant to whom a ballot paper has been handed under this section; or (b) a person appointed by, or a presiding officer requested by, the applicant pursuant to section 4.29; must not place any mark upon the ballot paper.

33 Referendums Act 1989 (17) A presiding officer must not— (a) influence or attempt to influence in any way the vote of an applicant; (b) suffer or permit a person to influence or attempt to influence in any way the vote of an applicant or to otherwise interfere in any way with an applicant in relation to his or her vote; (c) look at or make himself or herself acquainted with the vote given by an applicant or assist an applicant to vote except in the course of acting in accordance with a request by the applicant pursuant to section 4.29; (d) suffer or permit a person to see or become acquainted with the vote given by an applicant or to assist an applicant to vote except where that person is acting in accordance with an appointment made by the applicant pursuant to section 4.29. (18) A person must not without lawful authority prevent or attempt to prevent a presiding officer from being present at the voting place for the purpose of taking the vote of an applicant or from otherwise exercising the presiding officer’s powers or discharging the presiding officer’s duties under this Act. (19) On the presiding officer’s return to the polling booth after taking the vote of an applicant under this section, the presiding officer forthwith must deposit the fastened envelope referred to in subsection (12)(d) in a ballot box until the presiding officer has dealt with it as hereinafter provided in this section. (20) Forthwith at the close of the poll the presiding officer must deliver or cause to be sent or transmitted to the returning officer the envelopes containing votes recorded under this section, the applications relating to those votes and the records made by the presiding officer pursuant to subsection (14). (21) When the returning officer for a district has received from each presiding officer for the returning officer’s district who has permitted votes under this section the envelopes, applications and records as aforesaid, the returning officer must— (a) verify the number of votes permitted by each presiding officer; (b) separate the envelopes endorsed with a declaration from the

34 Referendums Act 1989 envelopes endorsed with a certificate; (c) sort all of the envelopes endorsed with a declaration into separate bundles according to the districts for which those votes have been so taken; (d) enclose each bundle in respect of a district together with the application relating to each incapacitated person’s absent vote and a form of notification as prescribed in an outer envelope and securely fasten the envelope; (e) transmit by post or otherwise every such outer envelope, properly addressed, to the returning officer of the district respectively for which the votes enclosed therein have been so taken; (f) inform each such returning officer, by telephone or other expeditious means, of the total number of votes permitted for his or her district. (22) At the scrutiny the returning officer must produce, unopened, all envelopes containing incapacitated persons’ votes in respect of the returning officer’s district and all envelopes containing incapacitated persons’ absent votes in respect of the returning officer’s district, taken under this section and received by the returning officer up to the end of the period of 10 days immediately following the close of the poll, and all applications relating to those votes. (22A) The returning officer must in each case, without opening the envelope endorsed with the certificate or the declaration, as the case may be, compare the signature of the certifier or the declarant on the envelope with the signature of the applicant on the application and allow each scrutineer who is present to inspect the same, and the returning officer must determine whether the signature on such envelope is that of the applicant. (22B) If the returning officer is satisfied that the applicant is enrolled and if the vote is allowed, the returning officer must, before opening the envelope, place a mark against the name of the applicant in the roll used by the returning officer at the referendum in question and, after so doing, open the envelope containing the ballot paper and, without then unfolding the ballot paper, place it in a ballot box. (22C) Forthwith upon so doing, the returning officer must attach the envelope by gum or other suitable means to the application thereto.

35 Referendums Act 1989 (22D) Subject to section 4.33, a ballot paper purporting to be completed in accordance with this section is not allowed at the scrutiny unless it enclosed in an envelope endorsed in the manner prescribed by this section. (22E) If the returning officer disallows a vote, the unopened envelope and the application relating thereto must be attached 1 to the other by gum or other suitable means and must be set apart for separate custody. (23) When the returning officer has dealt with all the envelopes containing incapacitated persons’ votes and incapacitated persons’ absent votes taken under this section produced by the returning officer at the scrutiny at any one and the same time, the returning officer must open the ballot box and count in the manner prescribed such and so many ballot papers recording those votes as the returning officer has placed therein: and must so proceed in respect of every such time until the day when all such votes permitted under this section have been received and dealt with by the returning officer or until the day when no further ballot papers are to be counted, whichever sooner occurs. (23A) However, the returning officer shall reject any of those ballot papers required by the provision of section 5.6 to be rejected at the close of the poll. (24) Any person who contravenes or fails to comply with any of the provisions of this section is guilty of an offence. Maximum penalty—4 penalty units or 6 months imprisonment. ˙ Voting by electors in prescribed cities outside the State 4.26(1) The Governor in Council may appoint as— (a) an overseas officer or overseas officers; (b) an interstate officer or interstate officers; an officer or officers (who or each of whom hereafter in this section is referred to as “the officer” ) at such office or place and in such city— (c) outside Australia in the case of any overseas officer; (d) within Australia but outside the State in the case of any interstate officer; as may be prescribed by order in council, the Governor in Council being

36 Referendums Act 1989 hereby thereunto authorised, for the purpose of enabling any elector absent from the State to exercise the right to vote personally at a referendum. (2) A person who is under the age of 18 years must not be appointed as the officer. (3) The officer must before the officer enters on the duties of his or her office, make and subscribe a declaration in the prescribed form. (3A) The declaration must be made and subscribed before a justice of the peace or a person employed in the public service of— (a) the Commonwealth; or (b) a State or Territory of the Commonwealth; or (c) a country, state or territory that is a member or part of the British Commonwealth; or (d) a British possession. (3B) The officer must upon making and subscribing the declaration, transmit it forthwith to the chief returning officer. (4) A person claiming to be an elector (an “elector” ) may attend before the officer at such office or place and in such city as aforesaid and vote at a referendum at any time not earlier than 28 days prior to polling day and not later than 6 p.m. of the day next preceding polling day. (4A) For the purposes of subsection (4), a reference to time must be taken to be a reference to the local time in the city in question. (5) For the purpose of subsection (4), the officer must hand to the elector a form of declaration in the prescribed form endorsed on an envelope. (5A) The officer must not hand a ballot paper to the elector until the officer has obtained from the elector the envelope endorsed to the officer’s satisfaction with the answers to the questions thereon signed by the elector with his or her own hand and the elector has, in the presence and hearing of the officer, declared that the answers to such questions are true and that the signature is the elector’s. (5B) Upon receipt of the envelope endorsed with the signed declaration, the officer must then and there fill in the correct date and attest the signature of the elector. (5C) The officer, if required, must complete the ballot paper so as to

37 Referendums Act 1989 enable a vote to be cast and then hand the ballot paper to the elector. (5D) The elector must— (a) in the presence but not in the sight of the officer or any other person vote in the manner prescribed; (b) then fold the ballot paper so as to conceal the manner in which the elector has voted; (c) then obtain from the officer the envelope endorsed with the declaration, place the folded ballot paper therein, and fasten the envelope; (d) then hand the fastened envelope to the officer. (5E) The officer must deposit the fastened envelope in a ballot box until the officer has dealt with it as hereinafter provided in this section. (6) If an elector to whom a ballot paper has been handed satisfies the officer before the elector has placed the ballot paper in the envelope and fastened the envelope that the elector has spoilt his or her ballot paper by accident or mistake, the elector may, if the officer thinks fit, on giving up the spoilt ballot paper, be handed a new ballot paper by the officer in substitution for the spoilt one. (6A) Before being handed a new ballot paper, the elector must duly complete and sign a declaration in the prescribed form endorsed upon an envelope before the officer that the original ballot paper has been spoilt by accident or mistake, as the case may be, and must give such envelope, endorsed with the prescribed declaration to the officer with the spoilt ballot paper. (6B) Before handing the new ballot paper to the elector, the officer must place the spoilt ballot paper in the envelope which is endorsed with the prescribed declaration, fasten the envelope and set it aside for separate custody. (7) The officer must make, in the prescribed form, a record of the name of every elector permitted by the officer to vote under this section, the district for which the vote is permitted, and the full address of the elector, as stated by the elector, on the roll for that district. (7A) Where the officer permits votes under this section for more than 1 district, the officer must make a separate and distinct record in respect of

38 Referendums Act 1989 each such district. (7B) The officer must initial separately the particulars so recorded by the officer in respect of each elector. (8) As soon as may be after 6 p.m. of the day next preceding polling day as referred to in subsection (4), the officer must— (a) in respect of each district for which a vote has been permitted—enclose in a securely fastened outer envelope endorsed ‘Record of (name of city) voters’ the form of record made by the officer in compliance with subsections (7) and (7A); (b) transmit by air each such envelope, properly addressed to the returning officer for the district in question; (c) enclose in a securely fastened outer envelope all envelopes containing votes for a district permitted by the officer under this section. Where the officer has permitted votes under this section for more than 1 district the officer must sort the envelopes containing those votes into separate parcels according to the districts for which those votes have been so permitted and then enclose the envelopes containing the votes for each such district respectively in an outer envelope and securely fasten the outer envelope; (d) transmit by air every such outer envelope, properly addressed, to the returning officer for the district respectively for which the votes enclosed therein have been permitted. (9) The provisions of section 4.24(11) to (16A) with all necessary adaptations apply with respect to all envelopes and votes received by a returning officer pursuant to this section. (10) A signature upon an envelope endorsed with the declaration of an elector voting pursuant to this section purporting to be the signature of a voter is upon a scrutiny, without further proof, prima facie evidence that such voter voted at the referendum as an elector pursuant to this section. (11) Without derogating from any of the provisions of this section and for the purpose of giving full effect to such provisions, the officer has all the functions, powers, duties and liabilities of a presiding officer appointed pursuant to this Act.

39 Referendums Act 1989 ˙ Attendance before returning officer or prescribed electoral registrar to vote before polling day 4.27(1) An elector who— (a) has reason to believe— (i) that the elector will not on polling day be within any district; (ii) that the elector will throughout the hours of polling on polling day be travelling or engaged in work or duty in respect of his or her occupation or calling under conditions that will preclude the elector from voting at any polling booth in the State; (b) will not throughout the hours of polling on polling day be within 10 km by the nearest practicable route of any polling booth open on that day for the purpose of a referendum; (c) is by reason of the elector’s membership of a religious order or his or her religious beliefs— (i) precluded from attending at a polling booth; or (ii) precluded from voting throughout the hours of polling on polling day or throughout the greater part of those hours; may be permitted to vote at any time not earlier than 28 days before polling day and not later than 6 p.m. of the day next preceding polling day if the elector attends before the returning officer for the district for which the elector is enrolled or a prescribed electoral registrar and makes a declaration in accordance with the prescribed form. (2) Where an elector, pursuant to subsection (1), attends before the returning officer for the district for which the elector is enrolled at a place other than the place where the returning officer usually performs his or her duties as returning officer, the returning officer, as a condition precedent to taking the vote of the elector must— (a) first have given reasonable notice of his or her intention to take the vote of the elector and of the place where and time when the returning officer intends to do so to any scrutineer who has notified the returning officer of his or her desire to be present at the taking of such vote; (b) provide at such place where the returning officer intends to take

40 Referendums Act 1989 the vote of the elector a compartment to enable the elector to record his or her vote, and have with the returning officer a ballot box into which the elector must place the envelope immediately containing, pursuant to subsection (6), the vote permitted by him or her under this section. (3) When an elector permitted under this section to vote— (a) at a time when that elector is so permitted, attends before the returning officer for the district for which the elector is enrolled or a prescribed electoral registrar; (b) makes upon an envelope before that returning officer the declaration prescribed under subsection (1); thereupon that returning officer or prescribed electoral registrar must— (c) if the ballot paper is not complete—complete the ballot paper so as to enable a vote to be cast; (d) give to that elector that ballot paper but retain the envelope upon which the elector has made the declaration as aforesaid. (4) The elector must vote (in the presence but not in the sight of the returning officer or prescribed electoral registrar) by recording the elector’s vote on the ballot paper delivered to the elector as aforesaid, fold up the ballot paper so as to conceal the manner in which the elector has voted, and then return that ballot paper to the returning officer or prescribed electoral registrar who must, without unfolding the ballot paper, place it in the envelope endorsed with the elector’s declaration and fasten up that envelope. (5) In the case of a vote permitted under this section by a prescribed electoral registrar, the prescribed electoral registrar must place the envelope containing the ballot paper, in and thereafter fasten up a second and outer envelope addressed to the returning officer of the district for which the elector claims that vote. (6) Forthwith upon complying with the provisions of subsections (4) and (5) and the provisions of subsections (8) to (8A) the prescribed electoral registrar must deliver the outer envelope to the elector for posting or delivery to the returning officer to whom the envelope is addressed. (7) A returning officer must, subject to subsection (2)(b), retain in the returning officer’s custody the envelope immediately containing a vote permitted by the returning officer under this section.

41 Referendums Act 1989 (8) Every returning officer or prescribed electoral registrar must make, in the prescribed form, a record of the name of every elector permitted by him or her to vote under this section, the district for which the vote is permitted, and the full address of that elector, as stated by that elector, on the roll for that district. (8A) Where a prescribed electoral registrar permits votes under this section for more than 1 district, the electoral registrar must make a separate and distinct record in respect of each such district. (8B) The returning officer or prescribed electoral registrar must initial separately the particulars so recorded by the returning officer or electoral registrar in respect of each elector. (9) Any person claiming to vote under this section and permitted that vote for a district who, where the outer envelope containing that vote is delivered to the person for posting or delivery as hereinbefore provided in this section— (a) without reasonable excuse, proof whereof lies on the person, fails to personally post that outer envelope before midnight on polling day or deliver it to the returning officer before 6 p.m. of polling day; or (b) destroys, mutilates, opens or in any way tampers with that outer envelope or the address thereon or attempts to do any of those things or permits or allows to be done or attempted to be done any of those things; is guilty of an offence. Maximum penalty—4 penalty units. (10) Any person, not being a person who is an elector permitted a vote under this section, who without lawful excuse, proof whereof lies on the person, obtains possession of or at any time has in his or her possession— (a) any ballot paper on which a vote permitted under this section has been recorded by the elector permitted that vote; or (b) any envelope upon which the declaration prescribed by this section has been made by an elector permitted a vote under this section; or (c) any envelope (an “outer envelope” ) addressed to a returning

109 Referendums Act 1989 SCHEDULE (continued) Reverse This writ was received by me this 19 . ____________ day of Chief returning officer. I hereby declare that on the day of 19 the electors qualified to vote for the election of members of the Legislative Assembly voted as follows— To approve the question [ Here set out the question ] Votes Not to approve the question [ Here set out the question ] Votes I declare that the question [ Here set out the question ] has been approved/not approved by a majority of the electors voting of the electors qualified to vote for the election of members of the Legislative Assembly. Chief returning officer.

110 Referendums Act 1989 SCHEDULE (continued) FORM C Referendums Act 1989 BALLOT PAPER (FOR SUBMISSION OF A BILL) HOW TO VOTE: IF YOU APPROVE PLACE A TICK [ √ ] IN THE SQUARE OPPOSITE THE WORD ‘YES’ IF YOU DO NOT APPROVE PLACE A TICK [ √ ] IN THE SQUARE OPPOSITE THE WORD ‘NO’ A Bill: [ Here insert long title of Bill ] YES NO

111 Referendums Act 1989 SCHEDULE (continued) FORM D Referendums Act 1989 BALLOT PAPER (FOR SUBMISSION OF A QUESTION) HOW TO VOTE: IF YOU APPROVE PLACE A TICK [ √ ] IN THE SQUARE OPPOSITE THE WORD ‘YES’ IF YOU DO NOT APPROVE PLACE A TICK [ √ ] IN THE SQUARE OPPOSITE THE WORD ‘NO’ [ Here insert question ] YES NO

112 Referendums Act 1989 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 6 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 7 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 8 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 9 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 23 February 1996. Future amendments of the Referendums Act 1989 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

113 Referendums Act 1989 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 List of legislation Referendums Act 1989 No. 69 date of assent 11 August 1989 commenced on date of assent as amended by— Referendums Legislation Amendment Act 1990 No. 101 pt 2 date of assent 12 December 1990 commenced on date of assent Referendums and Elections Legislation Amendment Act 1991 No. 82 pt 2 date of assent 9 December 1991 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1992 No. 36 ss 1–2 sch 2 date of assent 2 July 1992 commenced on date of assent ´ 5 List of annotations Definitions s 1.2 def “Chief Returning Officer” om 1991 No. 82 s 3(1) def “Electoral Commissioner” ins 1991 No. 82 s 3(2) def “Minister” om 1991 No. 82 s 3(1)

114 Referendums Act 1989 def “prescribed form” ins 1990 No. 101 s 3 def “principal electoral officer” om 1990 No. 101 s 3(1) References to chief returning officer and principal electoral officer s 1.3 ins 1991 No. 82 s 4 Publication of ‘yes’ and ‘no’ cases s 3.1 sub 1991 No. 82 s 5 amd 1992 No. 36 s 2 sch 2 Limitation on Expenditure s 3.2 amd 1991 No. 82 s 6 Provision of ballot boxes etc. s 4.2 amd 1990 No. 101 s 4 Printing, supplying and distributing ballot papers s 4.10 sub 1991 No. 82 s 7 Ballot box to be opened for inspection s 4.13 amd 1990 No. 101 s 5 Questions to voters s 4.15 amd 1990 No. 101 s 6 Mode of voting s 4.21 amd 1990 No. 101 s 7 Electoral visitor voting in cases of illness etc. s 4.28 amd 1990 No. 101 s 8 General postal voters s 4.31 amd 1991 No. 82 s 8 Voting compulsory s 4.34 amd 1990 No. 101 s 9 Causes for rejection and circumstances of non rejection of ballot paper s 5.6 amd 1990 No. 101 s 10 Regulations s 6.14 amd R1 (see RA s 39) PART 8—POLLING IN CONJUNCTION WITH 1991 TRIENNIAL MUNICIPAL ELECTIONS pt hdg ins 1990 No. 101 s 11 Interpretation s 8.1 ins 1990 No. 101 s 11 Application of part s 8.2 ins 1990 No. 101 s 11 Polling under Local Government Act s 8.3 ins 1990 No. 101 s 11 Polling under City of Brisbane Act s 8.4 ins 1990 No. 101 s 11

115 Referendums Act 1989 Polling under Community Services Act s 8.5 ins 1990 No. 101 s 11 Polling for other areas of State s 8.6 ins 1990 No. 101 s 11 Directions etc. by chief returning officer s 8.7 ins 1990 No. 101 s 11 PART 9—POLLING AT 1992 DAYLIGHT SAVING REFERENDUM pt hdg ins 1991 No. 82 s 9 Application of part s 9.1 ins 1991 No. 82 s 9 Single electoral roll for distribution and referendum s 9.2 ins 1991 No. 82 s 9 Directions by Electoral Commissioner s 9.3 ins 1991 No. 82 s 9 SCHEDULE amd 1990 No. 101 s 12 ´ 6 Table of changed names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23 and 23A Old New Reference provision member (of the police force) mentally ill person [or a similar term] (police) officer patient (within the meaning of the Mental Health Act1974) Police Service AdministrationAct 1990 s 11.1(1)(c) (see also s 1.4) Mental Health Act 1974 s 79(a) ´ 7 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant definitions to be read in context Acts Interpretation Act 1954 s 32A

116 Referendums Act 1989 penalty provision permitting fine or imprisonment permits both reference to stipendiary magistrate references included in citation of law references to a Territory references to provisions of law inclusive references to Queensland implied statutory instrument may prohibit Penalties and SentencesAct 1992 s 180A Acts Interpretation Act 1954 s 36 Acts Interpretation Act 1954 s 14H Acts Interpretation Act 1954 s 36 def “Territory” Acts Interpretation Act 1954 s 35D Acts Interpretation Act 1954 s 35 Statutory Instruments Act1992 s 27 ´ 8 Table of corrected minor errors Provision TABLE OF CORRECTED MINOR ERRORS under the Reprints Act 1992 s 44 Description 4.29(18)(h) 4.33(3) om ‘which it not’ ins ‘which is not’ om ‘subsection (1)’ ins ‘subsection (2)’ ´ 9 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 Previous Renumbered as 4.11, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . 4.11(1) 4.11, proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.11(2) 4.12(3), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . 4.12(3A) 4.15(6), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . 4.15(7) 4.21(3)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.21(3)(d) 4.21(3)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.21(3)(e) 4.23(6), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . 4.23(7) 4.24(7)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.24(7) 4.24(7)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.24(7A) 4.24(7)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.24(7B)

117 Referendums Act 1989 4.24(16), proviso . . . . . . . . . . . . . . . . . . . . . . . . . 4.24(16A) 4.25(10)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(10) 4.25(10)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(10)(a) 4.25(10)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(10)(b) 4.25(10)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(10A) 4.25(10)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(10B) 4.25(10)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(10C) 4.25(10)(d)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(10C)(a) 4.25(10)(d)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(10C)(b) 4.25(11)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(11) 4.25(11)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(11)(a) 4.25(11)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(11)(b) 4.25(11)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(11A) 4.25(11)(b)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(11A)(a) 4.25(11)(b)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(11A)(b) 4.25(11)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(11B) 4.25(11)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(11C) 4.25(13)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(13) 4.25(13)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(13A) 4.25(13)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(13B) 4.25(22)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(22) 4.25(22)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(22A) 4.25(22)(c), 1st sentence . . . . . . . . . . . . . . . . . . 4.25(22B) 4.25(22)(c), 2nd sentence . . . . . . . . . . . . . . . . . 4.25(22C) 4.25(22)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(22D) 4.25(22)(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(22E) 4.25(23), proviso . . . . . . . . . . . . . . . . . . . . . . . . . 4.25(23A) 4.26(3)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(3) 4.26(3)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(3A) 4.26(3)(b)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(3A)(a) 4.26(3)(b)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(3A)(b) 4.26(3)(b)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(3A)(c) 4.26(3)(b)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(3A)(d) 4.26(3)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(3B) 4.26(4)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(4) 4.26(4)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(4A) 4.26(5)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(5) 4.26(5)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(5A) 4.26(5)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(5B) 4.26(5)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(5C) 4.26(5)(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(5D) 4.26(5)(e)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(5D)(a) 4.26(5)(e)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(5D)(b) 4.26(5)(e)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(5D)(c) 4.26(5)(e)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(5D)(d) 4.26(5)(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(5E)

118 Referendums Act 1989 4.26(6)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(6) 4.26(6)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(6A) 4.26(6)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(6B) 4.26(7)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(7) 4.26(7)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(7A) 4.26(7)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(7B) 4.26(8)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(8)(a) 4.26(8)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(8)(b) 4.26(8)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(8)(c) 4.26(8)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.26(8)(d) 4.27(3)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(3)(c) 4.27(3)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(3)(d) 4.27(8)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(8) 4.27(8)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(8A) 4.27(8)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(8B) 4.27(12)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(12) 4.27(12)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(12)(a) 4.27(12)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(12)(b) 4.27(12)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(12A) 4.27(12)(b)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(12A)(a) 4.27(12)(b)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(12A)(b) 4.27(12)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(12B) 4.27(12)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(12C) 4.27(12)(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(12D) 4.27(12)(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(12E) 4.27(12)(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(12F) 4.27(13), proviso . . . . . . . . . . . . . . . . . . . . . . . . . 4.27(14) 4.28(1), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(1A) 4.28(8)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(8) 4.28(8)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(8A) 4.28(10)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(10) 4.28(10)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(10)(a) 4.28(10)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(10)(b) 4.28(10)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(10A) 4.28(10)(b)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(10A)(a) 4.28(10)(b)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(10A)(b) 4.28(10)(b)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(10A)(c) 4.28(12), proviso . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(12A) 4.28(13)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(13) 4.28(13)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(13A) 4.28(14)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(14) 4.28(14)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(14)(a) 4.28(14)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(14)(b) 4.28(14)(b)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(14A) 4.28(14)(b)(i)(A) . . . . . . . . . . . . . . . . . . . . . . . . 4.28(14A)(a) 4.28(14)(b)(i)(B) . . . . . . . . . . . . . . . . . . . . . . . . 4.28(14A)(b)

119 Referendums Act 1989 4.28(14)(b)(i), proviso . . . . . . . . . . . . . . . . . . . . 4.28(14B) 4.28(14)(b)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(14C) 4.28(14)(b)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(14D) 4.28(14)(b)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(14E) 4.28(14)(b)(iv)(A) . . . . . . . . . . . . . . . . . . . . . . . 4.28(14E)(a) 4.28(14)(b)(iv)(B) . . . . . . . . . . . . . . . . . . . . . . . 4.28(14E)(b) 4.28(15)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(15) 4.28(15)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(15A) 4.28(15)(b)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(15A)(a) 4.28(15)(b)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(15A)(b) 4.28(15)(b), 2nd sentence . . . . . . . . . . . . . . . . . 4.28(15B) 4.28(17)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(17) 4.28(17)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(17)(a) 4.28(17)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(17)(b) 4.28(17)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(17A) 4.28(17)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(17B) 4.28(17)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(17C) 4.28(17)(d)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(17C)(a) 4.28(17)(d)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(17C)(b) 4.28(18)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(18) 4.28(18)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(18)(a) 4.28(18)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(18)(b) 4.28(18)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(18A) 4.28(18)(b)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(18A)(a) 4.28(18)(b)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(18A)(b) 4.28(18)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(18B) 4.28(18)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(18C) 4.28(20)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(20) 4.28(20)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(20A) 4.28(20)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(20B) 4.28(21), proviso . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(21A) 4.28(28)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(28) 4.28(28)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(28A) 4.28(28)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(28B) 4.28(28)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(28C) 4.28(28)(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(28D) 4.28(29)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(29) 4.28(29)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(29A) 4.28(29)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(29B) 4.28(29)(c), 2nd sentence . . . . . . . . . . . . . . . . . 4.28(29C) 4.28(29)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(29D) 4.28(29)(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(29E) 4.28(30), proviso . . . . . . . . . . . . . . . . . . . . . . . . . 4.28(30A) 4.29(1)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.29(1), def “relevant officer”

120 Referendums Act 1989 4.29(1)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.29(1), def “presiding officer” 4.29(2)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.29(2)(d) 4.29(2)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.29(2)(e) 4.30(3), 2nd sentence . . . . . . . . . . . . . . . . . . . . . 4.30(3A) 4.30(12)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(12) 4.30(12)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(12)(a) 4.30(12)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(12)(b) 4.30(12)(a)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(12)(c) 4.30(12)(a)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(12)(d) 4.30(12)(a)(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(12)(e) 4.30(12)(a)(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(12)(f) 4.30(12)(a)(vii) . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(12)(g) 4.30(12)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(12A) 4.30(12)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(12B) 4.30(15)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(15) 4.30(15)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(15A) 4.30(16)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(16) 4.30(16)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(16A) 4.30(18)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(18)(d) 4.30(18)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(18)(e) 4.30(18)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(18)(f) 4.30(18)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(18)(g) 4.30(18)(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(18)(h) 4.30(18)(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(18)(i) 4.30(21), proviso . . . . . . . . . . . . . . . . . . . . . . . . . 4.30(22) 4.32(2)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(2)(d) 4.32(2)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(2)(e) 4.32(2)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(2)(f) 4.32(2)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(2)(g) 4.32(3)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(3)(c) 4.32(3)(i)(A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(3)(c)(i) 4.32(3)(i)(B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(3)(c)(ii) 4.32(3)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(3)(d) 4.32(3)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(3)(e) 4.32(4)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(4) 4.32(4)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(4A) 4.32(4)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(4B) 4.32(4)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(4C) 4.32(11), proviso . . . . . . . . . . . . . . . . . . . . . . . . . 4.32(11A) 4.33(1)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.33(1), def “relevant officer” 4.33(1)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.33(1), def “presiding officer” 4.36(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.36(c) 4.36(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.36(d)

121 Referendums Act 1989 4.36(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.36(e) 4.36(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.36(f) 4.36(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.36(g) 5.1(1)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.1(1) 5.1(1)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.1(1A) 5.4(4), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.4(5) 5.9(3)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.9(3) 5.9(3)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.9(3A) 5.9(3)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.9(3B) 7.1(1)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.1(a) 7.1(1)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.1(b) 7.1(1)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.1(c) 7.1(1)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.1(d) 7.3, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . 7.3(1) 7.3, proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.3(2)