Referendum (Constitution Alteration) Act 1928

Overview

The Referendum (Constitution Alteration) Act 1928 was enacted to amend the Referendum (Constitution Alteration) Act 1906-1926, addressing procedural issues related to referendums and elections. It was enacted by the Australian Parliament, aiming to streamline the voting process and clarify instructions for voters during a referendum. The Act introduced minor amendments to the Principal Act, including the adjustment of references to the Commonwealth Electoral Act and the specification of how votes should be marked on ballot papers. Additionally, it modified the forms provided to voters to ensure clarity in the voting process, particularly in relation to how voters should indicate their approval or disapproval of a proposed law.

Scope and Application

The Referendum (Constitution Alteration) Act 1928 amends the Referendum (Constitution Alteration) Act 1906-1926, and it applies to the conduct of referendums held at the same time as the elections for the Senate and general elections for the House of Representatives following the commencement of the Act. This Act primarily modifies the procedures for casting votes during such referendums, including the marking of ballot papers and the interpretation of informal ballot papers. The Act extends to the entire Commonwealth of Australia and applies to all eligible voters participating in the specified referendums. Notably, it excludes the application of certain sections of the Principal Act, such as the prohibition on pamphlets, for these particular referendums. The Act also incorporates minor amendments to the Principal Act, including updating references to the Commonwealth Electoral Act and removing certain outdated provisions. The Act does not create any new exclusions or thresholds, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The Referendum (Constitution Alteration) Act 1928 (the Act) primarily amends the Referendum (Constitution Alteration) Act 1906–1926 (the Principal Act) to update and clarify certain provisions for referendums held in conjunction with federal elections. Section 2 of the Act removes the requirement for the distribution of pamphlets during the referendum process for elections occurring after the Act’s commencement. Section 3 modifies the criteria for an informal ballot paper, clarifying that a vote is not informal if a voter places a cross in one square and leaves the other blank, with the cross being equivalent to the number 1. Additionally, Section 4 makes minor textual amendments to the Principal Act, updating references to the Commonwealth Electoral Act 1918–1928 and removing outdated references. Section 5 revises the instructions on marking votes on ballot papers, specifying that voters should place the number 1 in the square corresponding to their approval or disapproval of the proposed law, and the number 2 in the opposite square. Finally, Section 6 amends the forms in the Schedule to reflect these changes in marking instructions. The Act imposes specific obligations on voters and electoral officials. Voters are required to mark their ballots according to the new instructions specified in Section 5, ensuring clarity in their choice by placing the numbers 1 and 2 in the appropriate squares. Electoral officials must ensure that ballot papers are counted correctly, with a cross in one square being deemed equivalent to the number 1 as outlined in Section 3. The Act also requires electoral officials to disregard any ballot papers that do not comply with these new marking instructions, thereby maintaining the integrity of the voting process. Furthermore, the Act mandates the removal of outdated pamphlet distribution requirements, easing the administrative burden on electoral authorities. Violations of the Act's provisions can lead to civil and criminal consequences. While the Act does not explicitly state penalties for non-compliance, the integrity of the electoral process is paramount, and any significant deviation from the prescribed voting instructions could be considered an informal vote, potentially impacting the outcome of the referendum. In the context of broader electoral laws, any actions that deliberately interfere with the electoral process or undermine the validity of votes could attract penalties under related legislation, including fines and imprisonment. The precise penalties would be determined by the courts based on the nature and severity of the breach.