Referendum Legislation Amendment Act 1999
No. 22, 1999
Referendum Legislation Amendment Act 1999
No. 22, 1999
An Act to amend the law relating to referendums
Contents
1 Short title
2 Commencement
3 Schedule(s)
4 Commonwealth expenditure during 1999 in connection with certain referendum proposals
Schedule 1—Amendments
Referendum (Machinery Provisions) Act 1984
Referendum Legislation Amendment Act 1999
No. 22, 1999
An Act to amend the law relating to referendums
[Assented to 19 April 1999]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Referendum Legislation Amendment Act 1999.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 Commonwealth expenditure during 1999 in connection with certain referendum proposals
Subsection 11(4) of the Referendum (Machinery Provisions) Act 1984 does not prevent expenditure by the Commonwealth in respect of things done during 1999 (whether or not by the Commonwealth) in connection with either of the following proposed laws (including expenditure before the relevant Bills are introduced into the Parliament):
(a) a proposed law to alter the Constitution to establish the Commonwealth of Australia as a republic;
(b) a proposed law to insert a preamble in the Constitution.
Schedule 1—Amendments
Referendum (Machinery Provisions) Act 1984
1 Paragraphs 11(4)(a) and (aa)
Repeal the paragraphs, substitute:
(a) the preparation, printing and posting, in accordance with this section, of the pamphlets referred to in this section;
(aa) the preparation, by or on behalf of the Electoral Commission, of translations into other languages of material contained in those pamphlets;
(ab) the preparation, by or on behalf of the Electoral Commission, of presentations of material contained in those pamphlets in forms suitable for the visually impaired;
(ac) the distribution or publication, by or on behalf of the Electoral Commission, of those pamphlets, translations or presentations (including publication on the Internet);
2 Subsection 25(2)
Omit “Where”, substitute “Subject to subsection (3A), where”.
3 After subsection 25(3)
Insert:
(3A) If:
(a) the Minister gives a written notice to the Electoral Commissioner that identifies 2 or more proposed laws; and
(b) referendums are to be held on the same day (the referendum day) in relation to 2 or more of the proposed laws identified in the notice; and
(c) the notice under paragraph (a) is given to the Electoral Commissioner at least 28 days before the issue of the writs for those referendums;
then:
(d) the ballot papers for each referendum held on the referendum day must be printed on separate pieces of paper; and
(e) for each of those referendums, the ballot papers must be of a different colour, chosen by the Electoral Commissioner.
4 Paragraph 36A(3)(b)
Omit “the names of the candidates”, substitute “his or her vote”.
[Minister’s second reading speech made in—
House of Representatives on 11 March 1999
Senate on 25 March 1999]
Overview
The Referendum Legislation Amendment Act 1999 No. 22 was enacted by the Parliament of Australia to amend the law relating to referendums, specifically addressing the Commonwealth's expenditure in 1999 related to certain referendum proposals. This legislation ensures that the Commonwealth could incur expenses in connection with referendums concerning the establishment of the Commonwealth of Australia as a republic and the insertion of a preamble in the Constitution, even before the relevant Bills were introduced into Parliament. The Act provides flexibility in the spending of the Commonwealth during 1999 on these matters, recognising the unique context and timing of the proposed referendums.
The Act also introduces amendments to the Referendum (Machinery Provisions) Act 1984 to facilitate the administration of these referendums. Key changes include the preparation and distribution of referendum pamphlets, the management of translations and presentations for the visually impaired, and the distinct marking of ballot papers for multiple referendums held on the same day. These amendments aim to streamline the referendum process, ensuring clarity and accessibility for all voters while accommodating the simultaneous consideration of multiple proposed laws.
Scope and Application
The Referendum Legislation Amendment Act 1999 No. 22 amends the law relating to referendums by modifying the Referendum (Machinery Provisions) Act 1984. This Act applies to the Commonwealth and the Electoral Commission, focusing on the preparation, printing, and distribution of materials related to referendums. It also governs the conduct of referendums, including the printing of ballot papers for simultaneous referendums. The Act specifically addresses Commonwealth expenditure related to certain referendum proposals for the year 1999, which includes the proposed law to alter the Constitution to establish the Commonwealth of Australia as a republic and the proposed law to insert a preamble in the Constitution. This legislation has a Commonwealth jurisdictional reach, applying nationally across Australia, and extends its application through amendments to the Referendum (Machinery Provisions) Act 1984 as specified in the Act's Schedule. There are no explicit exclusions or thresholds mentioned in the text of the Act, and its application may be further defined or extended through subordinate instruments or regulations.
Key Provisions
The Referendum Legislation Amendment Act 1999 (No. 22) amends the Referendum (Machinery Provisions) Act 1984. The key provisions of the Act include alterations to how referendums are conducted and financed. Section 4 of the Act addresses the Commonwealth's expenditure related to referendums on proposed constitutional changes. Specifically, it removes any restriction on the Commonwealth spending on certain referendum proposals in 1999, such as those concerning the establishment of a republic or the insertion of a preamble in the Constitution.
The Act imposes certain obligations on the Electoral Commission, including the preparation, printing, and distribution of referendum pamphlets (Section 1). It mandates that these pamphlets be made available in various formats, including translations and visually impaired-friendly presentations. Additionally, Section 3A introduces a new requirement that if referendums on multiple proposed laws are held on the same day, the ballot papers for each must be printed on separate pieces of paper and in different colours, chosen by the Electoral Commissioner.
There are no explicit offences, penalties, or civil/criminal consequences outlined within the Act itself. However, the broader legal framework under which the Electoral Commission operates may include provisions for penalties related to non-compliance with electoral laws. The maximum penalties would depend on the specific electoral laws being breached, which are governed by other legislation such as the Commonwealth Electoral Act 1918.