Referendums Act 1997
An Act to provide for the conduct of a referendum, and for other purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Referendums Act 1997.
2 Dictionary
The dictionary in schedule 3 defines particular words used in this Act.
3 Function of the commission
The commission has the continuing function of making appropriate administrative arrangements for the conduct of referendums.Note—
See the Electoral Act 1992, section 7(1)(j).
Part 2 Writ for a referendum
4 Writ for a referendum
(1)The commission must conduct a referendum if the Governor issues a writ for a referendum to the commission under section 5.(2)The commission must conduct the referendum in accordance with the writ and this Act.
5 Writ by Governor
The Governor may issue a writ for a referendum if—(a)a Bill is to be submitted to the electors; or(b)the Legislative Assembly has resolved that a question be submitted to the electors.
6 Form and content of writs
(1)A writ must be issued—(a)for a referendum to submit a Bill to the electors—in form 1; or(b)for a referendum to submit a question to the electors—in form 2.(2)A writ must state the following—(a)the day of its issue;(b)the cut-off day for electoral rolls for the referendum, which must be not less than 5 days, or more than 7 days, after its issue;(c)the polling day for the referendum, which must be a Saturday not less than 26 days, or more than 70 days, after its issue;(d)the return day for the writ, which must be not more than 84 days after its issue.(3)For deciding the cut-off day, polling day or return day, that day and the day of issue of the writ are both to be included in any number of days specified in subsection (2)(b) to (d).(4)Subsection (3) applies despite the Acts Interpretation Act 1954, section 38.(5)Subsection (2)(c) applies subject to another Act that has specific provision for the time for taking a poll for a particular referendum.Editor’s note—
See, for example, the Constitution Act 1867, section 53 and the Constitution Act Amendment Act 1934, section 3.
7 Attachment to writ
There must be attached to the writ—(a)for a referendum to submit a Bill to the electors—a copy of the Bill; or(b)for a referendum to submit a question to the electors—a statement of the question.
8 Commission to publish writ and prepare for referendum
On receiving a writ, the commission must—(a)publish a copy of the writ in the gazette; and(b)advertise the days stated in the writ in other ways the electoral commissioner considers appropriate; and(c)give a copy of the writ and the attached Bill or statement of the question to the returning officer of each electoral district; and(d)make available for inspection by anyone, without fee,…