Australian Capital Territory
Referendum (Machinery Provisions) Act 1994    
A1994-79
Republication No 6
Effective:  1 July 2012 – 30 June 2014
Republication date: 1 July 2012
Last amendment made by A2012‑28

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Referendum (Machinery Provisions) Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2012.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2012.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Referendum (Machinery Provisions) Act 1994

Contents
	Page
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
	3A	Terms used in Electoral Act	2
	4	Interpretation of applied provisions of Electoral Act	2
	5	Application	4
	6	Commission staff	4
	7	Timing of referendums	4
	8	Arguments for and against referendum options	5
	9	Closure of rolls	6
	10	Arrangements for referendums	6
	11	Ballot papers	7
	12	Voting at a referendum	8
	13	Polling in Antarctica	9
	14	Scrutiny	10
	15	Financial disclosure	11
	16	Disputed referendums	12
	17	Offences	13
	18	Enforcement	13
	19	Miscellaneous	14
	20	Approved forms	14
	21	Regulation-making power	14
Schedule 1	Modifications of Electoral Act as applied in relation to referendums	16
Part 1.1	Modifications of part 10—voting	16
Part 1.2	Modifications of part 12—the scrutiny	18
Part 1.3	Modifications of part 14—election funding, expenditure and financial disclosure	19
Part 1.4	Modifications of part 16—disputed elections, eligibility and vacancies	22
Part 1.5	Modification of part 17—electoral offences	24
Part 1.6	Modifications of part 19—miscellaneous	25
Dictionary		26
Endnotes
	1	About the endnotes	28
	2	Abbreviation key	28
	3	Legislation history	29
	4	Amendment history	31
	5	Earlier republications	33

Australian Capital Territory
Referendum (Machinery Provisions) Act 1994

An Act relating to referendums

    

1	Name of Act
This Act is the Referendum (Machinery Provisions) Act 1994.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3A	Terms used in Electoral Act
A term used in the Electoral Act has the same meaning in this Act.
4	Interpretation of applied provisions of Electoral Act
	(1)	Unless the contrary intention appears, an expression used in  the Electoral Act as applied by this Act has the same meaning as in that Act, so far as that meaning is applicable, with the necessary changes, in relation to a referendum.
	(2)	In the application of the Electoral Act, unless the contrary intention appears—
	(a)	a reference to a ballot paper (including the form of a ballot paper), a ballot box, or other thing shall be taken to be a reference to a ballot paper (including the form of a ballot paper), ballot box or corresponding thing in relation to a referendum; and
	(b)	a reference to an election shall be taken to be a reference to a referendum; and
	(c)	a reference to an election period, or a pre-election period, shall be taken to be a reference to a referendum period, or a pre-referendum period, that corresponds with the relevant period specified in relation to an election; and
	(d)	a reference to electoral matter shall be taken to be a reference to matter that is intended or is likely to affect voting in a referendum, and includes any matter that contains an express or implied reference to a referendum or to any of the matters on which electors are required to vote in a referendum; and
	(e)	a reference to an electoral paper shall be taken to be a reference to any document, form or notice provided for, or required, under the Electoral Act, as applied by this Act, for the purposes of a referendum; and
	(f)	a reference to a poll shall be taken to be a reference to the taking of the votes of electors for the purposes of a referendum; and
	(g)	a reference to a polling day in relation to a referendum shall be taken to be a reference to a referendum day; and
	(h)	a reference to a polling place or a scrutiny centre in relation to a referendum shall be taken to be a reference—
	(i)	in the case of a concurrent referendum—to the polling place or a scrutiny centre appointed for the election under the Electoral Act, section 119; and
	(ii)	in the case of a separate referendum—to a polling place or a scrutiny centre appointed for the referendum under the Electoral Act, section 119 as applied by this Act; and
	(j)	a reference to a pre-election period shall be taken to be a reference to a pre-referendum period that corresponds with the period specified in relation to an election; and
	(k)	a reference to a scrutineer shall be taken to be a reference to a scrutineer appointed for the purposes of a referendum; and
	(m)	a reference to this Act shall be read as a reference to the Electoral Act as applied by this Act.
5	Application
	(1)	A referendum for the purposes of a referendum law shall be held in accordance with this Act.
	(2)	This Act applies in relation to a referendum referred to in subsection (1) except to the extent that a referendum law provides otherwise.
6	Commission staff
	(1)	For the purposes of a referendum, the Electoral Act, sections 32 and 33 apply, so far as the same are applicable, with the necessary changes, in the same way as those provisions apply for the purposes of an election.
	(2)	In particular, a person appointed to be an officer under the Electoral Act, section 33 for the purposes of that Act shall be taken to be so appointed for the purposes of that Act as applied by this Act.
7	Timing of referendums
	(1)	Subject to subsection (2), a poll for a referendum shall be held on the polling day for the next ordinary election ascertained in accordance with the Electoral Act.
	(2)	If a referendum law provides for a referendum day other than a polling day referred to in subsection (1), then, unless the referendum law provides otherwise, the poll for the referendum shall be held on a Saturday fixed by the Executive, in writing, not being—
	(a)	a day that occurs between the commencement of a pre-election period and the expiration of the period of 36 days after the polling day for the relevant election; or
	(b)	the day for—
	(i)	an election of Senators; or
	(ii)	a general election of members of the House of Representatives; or
	(iii)	a referendum held under a law of the Commonwealth;
unless the Minister arranges with the appropriate Minister of the Crown of the Commonwealth for the poll for the referendum to be held on that day.
	(3)	An instrument under subsection (2) is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
8	Arguments for and against referendum options
	(1)	Where, within 30 days of the passage of a referendum law, the commissioner receives—
	(a)	an authorised statement, consisting of not more than 2 000 words, of the arguments in favour of the matter to be submitted to referendum; or
	(b)	an authorised statement, consisting of not more than 2 000 words, of the arguments against the matter to be submitted to referendum;
the commissioner shall, not later than 14 days before the relevant referendum day, cause each argument to be printed in a similar typeface and typestyle in a pamphlet containing the relevant arguments and to be posted, as nearly as practicable—
	(c)	to each elector; or
	(d)	to each household in the Territory.
	(2)	In subsection (1):
authorised statement means—
	(a)	in the case of a statement referred to in subsection (1) (a)—a statement authorised by a majority of the members of the Assembly who voted in favour of the relevant referendum law; and
	(b)	in the case of a statement referred to in subsection (1) (b)—a statement authorised by a majority of the members of the Assembly who voted against the relevant referendum law.
9	Closure of rolls
For the purposes of a referendum, the procedures for the closure of a roll of electors kept under the Electoral Act shall, subject to the necessary changes, be the same as the procedures for the closure of a roll of electors for the purposes of an election.
10	Arrangements for referendums
	(1)	The purpose of this section is to ensure that, as far as practicable, the arrangements that apply in relation to a referendum are the same as the arrangements for an election.
	(2)	For the purpose of this section, the Electoral Act, division 9.4 applies, so far as the same is applicable, with the necessary changes.
	(3)	In particular, that division applies—
	(a)	subject to a referendum law providing for the appointment of scrutineers for the purposes of a referendum; and
	(b)	in the case of a separate referendum, subject to—
	(i)	each MLA being entitled to appoint a scrutineer to represent the member during the voting for the referendum, or during the scrutiny for the referendum, or both; and
	(ii)	the Electoral Act, sections 122 and 123 being construed, with the necessary changes, for the purpose of giving effect to subparagraph (i); and
	(c)	in the case of a concurrent referendum, subject to—
	(i)	a person appointed as a scrutineer by a candidate for an election being taken to be appointed also for the purposes of the referendum; and
	(ii)	places appointed to be polling places or scrutiny centres for the election being taken to be appointed also for the purposes of the referendum; and
	(iii)	administrative arrangements made for the election, so far as the same are applicable, being taken to be made also for the purposes of the referendum; and
	(iv)	the same certified list of electors being used for the purposes of both the election and the referendum.
11	Ballot papers
	(1)	A referendum ballot paper—
	(a)	shall set out the referendum options; and
	(b)	shall be in accordance with the form (if any) ascertained in accordance with the relevant referendum law; and
	(c)	shall be printed in accordance with the requirements (if any) of the relevant referendum law; and
	(d)	shall bear an official mark.
Note	If a form is approved under s 20 (Approved forms) for an official mark, the form must be used.
	(2)	The commissioner may determine the colour of the paper on which referendum ballot papers are to be printed.
	(3)	If a referendum law does not make provision in relation to—
	(a)	the form of the referendum ballot paper; or
	(b)	the printing of the referendum ballot paper;
the form and printing of the referendum ballot paper shall be ascertained in accordance with the regulations.
	(4)	Where such regulations are in force, a reference in this Act to a referendum ballot paper shall be read as a reference to a referendum ballot paper in the form ascertained in accordance with the regulations except to the extent that such regulations are inconsistent with a referendum law.
	(5)	For this section, a referendum ballot paper may be in electronic form.
12	Voting at a referendum
	(1)	The purpose of this section is to ensure that, as far as practicable, voting at a referendum is conducted in the same way as voting at an election.
	(2)	For the purpose of this section, the Electoral Act, part 10 applies, so far as the same is applicable, with the necessary changes.
	(3)	In particular—
	(a)	the procedures for voting at a referendum shall be the same as the procedures for voting at elections, so far as such procedures are applicable; and
	(b)	an elector shall record his or her vote on a referendum ballot paper by marking the ballot paper in accordance with the directions lawfully on it; and
	(c)	an officer shall not issue a referendum ballot paper unless the particulars required under section 11 are contained on the ballot paper; and
	(d)	The Electoral Act, section 129 and division 10.7 only apply in relation to a separate referendum; and
	(e)	Part 10 applies subject to the modifications set out in schedule 1, part 1.1.
	(4)	For the purposes of a concurrent referendum—
	(a)	the same ballot boxes may be used for the election and the referendum; and
	(b)	subject to paragraph (c), a referendum ballot paper shall be issued to a voter at the same time as he or she is issued with an election ballot paper; and
	(c)	a voter who, on surrendering a spoilt election ballot paper, is issued with another election ballot paper, need not be issued with a another referendum ballot paper; and
	(d)	a person who casts an ordinary vote for the election shall cast his or her vote for the referendum in the same way at the same time and place; and
	(e)	a person who casts a declaration vote for the election shall cast his or her vote for the referendum in the same way; and
	(f)	the marked referendum ballot paper of a declaration voter shall be placed in the same envelope as the election ballot paper; and
	(g)	the referendum ballot paper of a declaration voter is to be admitted to further scrutiny for the referendum if, and only if, the election ballot paper is admitted to further scrutiny for the election.
13	Polling in Antarctica
	(1)	The purpose of this section is to ensure that, as far as practicable, polling in Antarctica for the purposes of a referendum is conducted in the same way as the polling of electors in Antarctica for the purposes of an election.
	(2)	For the purpose of this section, the Electoral Act, part 11 applies, so far as the same is applicable, with the necessary changes.
	(3)	In particular, the directions transmitted by the commissioner to a returning officer for the preparation of referendum ballot papers shall ensure, so far as practicable, that such ballot papers are the same as ballot papers prepared in accordance with section 11.
14	Scrutiny
	(1)	The purpose of this section is to ensure that, as far as practicable, the result of polling at a referendum is ascertained by scrutiny in the same way as for an election.
	(2)	For the purpose of this section, the Electoral Act, part 12 applies, so far as the same is applicable, with the necessary changes.
	(3)	In particular—
	(a)	subject to a referendum law, the formality of a referendum ballot paper shall be determined in accordance with the Electoral Act, section 180, so far as the same is applicable, with the necessary changes; and
	(b)	without limiting paragraph (a), a reference in the Electoral Act, sections 118A (5) (b), 180 (2) (b) and (c) and (3) (a), 182 (4) (c) (ii) and (5) (a) (i), 184 (1) (b) (i) and 184 (2) to a first preference, or a preference, in relation to a candidate or a candidate square, as the case may be, shall be taken to be a reference to a vote in relation to a referendum option; and
	(c)	a reference to a candidate in the Electoral Act, section 187 in relation to a request for a recount of referendum ballot papers shall be taken to be a reference to a person having authority to make such a request under a referendum law or the regulations except to the extent that such regulations are inconsistent with a referendum law; and
	(d)	Part 12 applies subject to the modifications specified in schedule 1, part 1.2.
	(4)	Unless a referendum law otherwise provides, the result of a referendum shall be ascertained and notified in the following manner:
	(a)	the commissioner shall arrange for all unrejected referendum ballot papers to be counted to ascertain—
	(i)	the number of votes in favour of each referendum option; and
	(ii)	the number of votes opposed to each referendum option; and
	(iii)	the total number of informal ballot papers; 
	(b)	as soon as practicable after the count is concluded, the commissioner must prepare a notice setting out the numbers so counted and declaring the result of the referendum.
	(5)	A notice under subsection (4) (b) is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
15	Financial disclosure
	(1)	The purpose of this section is to ensure that, as far as practicable, the provisions of the Electoral Act, part 14, as applied by this section, apply in relation to a referendum in the same way as those provisions apply in relation to an election.
	(2)	For the purpose of this section, divisions 14.1, 14.4, 14.5, 14.7 and 14.8 apply, so far as the same are applicable, with the necessary changes.
	(3)	In particular—
	(a)	a reference in the Electoral Act, section 201 (1) to the disclosure period in relation to an election shall be taken to be a reference to the disclosure period, in relation to a referendum, commencing 37 days before the expiration of polling day for the referendum and ending on the expiration of 30 days after polling day for the referendum; and
	(b)	a reference in the Electoral Act, section 198, to the capped expenditure period for an election is to be taken to be a reference to the capped expenditure period, in relation to a referendum, commencing 37 days before the expiration of polling day for the referendum and ending on the expiration of 30 days after polling day for the referendum; and
	(c)	a reference in part 14, as applied by this section, to the amount of a gift shall, where the amount is to be determined in accordance with regulations made for the purposes of the Electoral Act, section 202 be taken to be a reference to the amount so determined; and
	(d)	a reference in the Electoral Act, section 220, to a third‑party campaigner is to be taken to be a reference to a person; and
	(e)	that part applies subject to the modifications set out in schedule 1, part 1.3.
16	Disputed referendums
	(1)	The purpose of this section is to ensure that, as far as practicable, the validity of a referendum may be disputed in the same way as the validity of an election may be disputed and not otherwise.
	(2)	For the purpose of this section, the Electoral Act, part 16 applies, so far as the same is applicable, with the necessary changes.
	(3)	In particular—
	(a)	without limiting the Electoral Act, section 256 as applied, the validity of a referendum is taken to be in dispute if the notice of the voting at the referendum, prepared under section 14 (4) (b), is called into question; and
	(b)	Part 16 applies subject to the modifications set out in schedule 1, part 1.4.
	(4)	A referendum is not invalidated merely because the commissioner may not have strictly complied with section 8.
17	Offences
	(1)	The purpose of this section is to ensure that, as far as practicable, the provisions of the Electoral Act creating offences in relation to an election apply in the same way in relation to a referendum.
	(2)	For the purpose of this section, the provisions referred to in subsection (1) apply, so far as the same are applicable, with the necessary changes.
	(3)	In particular, the Electoral Act, part 17 applies—
	(a)	as if a reference in the Electoral Act, section 304 to an association with a registered party or candidate were taken to be a reference to an association with any of the referendum options; and
	(b)	subject to the modification set out in schedule 1, part 1.5.
18	Enforcement
	(1)	The purpose of this section is to ensure that, as far as practicable, enforcement proceedings under the Electoral Act, part 18 in respect of a contravention of that Act in its application to elections apply,  in the same way in respect of a contravention of that Act, as applied by this Act, in its application to referendums.
	(2)	For the purpose of this section, the Electoral Act, part 18 applies, so far as the same is applicable, with the necessary changes.
	(3)	In particular, a reference in the Electoral Act, sections 321 (1) (a) and 322 (1) (a) to a candidate in relation to an election shall be taken to be a reference to a person who, for the purposes of a referendum, is ascertained in accordance with a referendum law or the regulations except to the extent that such regulations are inconsistent with a referendum law.
19	Miscellaneous
	(1)	The purpose of this section is to ensure that, as far as practicable, the provisions of the Electoral Act, part 19 apply in relation to a referendum in the same way as those provisions apply in relation to an election.
	(2)	For the purpose of this section, the Electoral Act, part 19 applies, so far as the same is applicable, with the necessary changes.
	(3)	In particular, part 19 applies subject to the modifications set out in schedule 1, part 1.6.
20	Approved forms
	(1)	The commissioner may, in writing, approve forms for this Act.
	(2)	If the commissioner approves a form for a particular purpose, the approved form must be used for that purpose.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
21	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may make provision, not inconsistent with a referendum law, in relation to matters relevant to a particular referendum or to referendums generally, including the following matters:
	(a)	the printing of ballot papers;
	(b)	the appointment of scrutineers;
	(c)	scrutiny procedures, including the formality of ballot papers;
	(d)	people entitled to dispute referendums.
	(3)	The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Schedule 1	Modifications of Electoral Act as applied in relation to referendums
(see ss 12, 14, 15, 16, 17 and 19)
Part 1.1	Modifications of part 10—voting
[1.1]	Section 130
substitute
130	Multiple votes prohibited
An elector shall not vote more than once at the same referendum.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.2]	Section 132
omit
[1.3]	Section 134 (b)
omit
section 132
substitute
the directions on it
[1.4]	Section 135 (4) (c) (i)
omit
section 132
substitute
the directions on it
[1.5]	Section 155
omit

Part 1.2	Modifications of part 12—the scrutiny
[1.6]	Section 185
omit
[1.7]	Section 189
omit

Part 1.3	Modifications of part 14—election funding, expenditure and financial disclosure
[1.8]	Section 200
omit
[1.9]	Section 201 (2)
omit
[1.10]	Section 217
omit
[1.16]	Section 222
substitute
222	Anonymous gifts
	(1)	A person shall not accept a gift made for the purposes of a referendum, being a gift the amount of which equals or exceeds $200, unless—
	(a)	the defined details in relation to the gift are known to the person accepting the gift; or
	(b)	the person making the gift informs the person accepting the gift of the defined details and, at the time when the gift is made, the person accepting it has no grounds for believing that the information provided is not true.
	(2)	Subsection (1) applies to gifts received at any time.
	(3)	The reference in subsection (1) to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association.
	(4)	For the purposes of this section, 2 or more gifts made by the same person for the purposes of a referendum shall be deemed to be a single gift.
	(5)	Where a person receives a gift in contravention of subsection (1), an amount equal to the amount of the gift is payable by that person to the Territory and may be recovered by the Territory as a debt due to the Territory by that person.
[1.17]	Section 223, definition of participant
substitute
participant, in a referendum, means a person by whom, or with the authority of whom, referendum expenditure in relation to a referendum is incurred.
[1.18]	Section 224 (1), (2) and (3)
omit
[1.19]	Section 224 (4)
substitute
	(4)	Where referendum expenditure in relation to a referendum was incurred by or with the authority of a person, the person shall, before the expiration of 60 days after polling day for the referendum, give the commissioner a return, in writing, specifying details of the referendum expenditure.
Note 	If a form is approved under s 340A (Approved forms) for a return, the form must be used.
[1.20]	Section 225
omit
[1.21]	Section 227
omit
[1.23]	Section 239 (2)
omit
[1.24]	Section 239 (3)
substitute
	(3)	Where a person would, in the normal course of business or administration, transfer to another person a record referred to in subsection (1)—
	(a)	the person shall be taken not to have contravened the subsection by so transferring the record; and
	(b)	the person to whom the record is transferred shall retain the record for the period for which the person who transferred the record would have had to retain the record had the record not been transferred.
[1.25]	Section 241 (2)
omit
[1.26]	Section 242 (3)
substitute
	(3)	A request may be made by the person who gave the return.

Part 1.4	Modifications of part 16—disputed elections, eligibility and vacancies
[1.27]	Section 265 (b) and (c)
substitute
	(b)	declare whether a particular vote was cast in favour of, or against, a particular referendum option; or
	(c)	declare whether a referendum ballot paper is informal; or
[1.28]	Section 266 (1)
omit
or (b)
[1.29]	Section 266 (2)
substitute
	(2)	The court shall not make a declaration under section 265 (a) on the ground of any illegal practice unless satisfied that—
	(a)	the result of the referendum was, or was likely to have been, affected by the illegal practice; and
	(b)	it is just to make the declaration.
[1.30]	Section 266 (3)
omit
(whether the court makes a declaration under section 265 (a) or (b) on that ground or not)
[1.31]	Section 275
substitute
275	Effect of declarations
	(1)	If the court declares a referendum void, another referendum must be held on a Saturday chosen in writing by the Executive.
	(2)	The Executive may only choose a Saturday that is at least 36 days, and not later than 90 days, after the day the choice is made.
	(3)	An instrument under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(4)	If a declaration is made by the court under section 265 (b) or (c) that has the effect of altering the result of a referendum, the commissioner must prepare a written notice—
	(a)	setting out the effect of the declaration of the court in relation to—
	(i)	the number of votes in favour of each referendum option; and
	(ii)	the number of votes opposed to each referendum option; and
	(iii)	the total number of informal ballot papers; and
	(b)	declaring the result of the referendum in accordance with the declaration of the court.
	(5)	A notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(6)	A declaration by the court mentioned in subsection (1) or (4) takes effect at the end of the day the declaration is made.

Part 1.5	Modification of part 17—electoral offences
[1.32]	Section 289 (1)
substitute
	(1)	A person shall not discriminate against another person on the ground of the making by the other person of a gift for the purposes of a referendum.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

Part 1.6	Modifications of part 19—miscellaneous
[1.33]	Section 335 (a)
substitute
	(a)	the expiration of the period within which a referendum can be disputed; or
[1.34]	Section 341
omit

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	ACT
·	Commonwealth
·	electoral commissioner
·	the Territory.
commissioner means the Electoral Commissioner appointed under the Electoral Act.
concurrent referendum means a referendum held on the same day as the polling day for an election.
declaration vote, in relation to a referendum, means a vote cast in accordance with the Electoral Act, division 10.3 as applied by this Act.
election has the same meaning as in the Electoral Act.
election ballot paper means a ballot paper for an election.
Electoral Act means the Electoral Act 1992.
enabling law means a law that provides for a matter, including a proposed law, to be submitted to a referendum.
entrenching law means a law required to be submitted to a referendum under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), section 26 (2).
printing, for a referendum ballot paper, includes displaying an electronic referendum ballot paper. 
referendum means a referendum of electors.
referendum ballot paper means a ballot paper for a referendum, and includes an electronic referendum ballot paper.
referendum day means the day on which a poll for a referendum is required to be held.
referendum law means—
	(a)	an enabling law; or
	(b)	an entrenching law; or
	(c)	a law required by an entrenching law to be submitted to a referendum.
referendum option means an option put, or to be put, to voters at a referendum.
separate referendum means a referendum held on a day other than the polling day for an election.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Referendum (Machinery Provisions) Act 1994 A1994‑79 
notified 23 November 1994 (Gaz 1994 No S247)
s 1, s 2 commenced 23 November 1994 (s 2 (1))
remainder (ss 3-20) 16 December 1994 (s 2 (2) and Gaz 1994 No S295)
as amended by
Electoral (Amendment) Act 1996 A1996‑56 s 35
notified 29 November 1996 (Gaz 1996 No S320)
s 35 commenced 29 November 1996 (s 2)
Statute Law Revision (Penalties) Act 1998 A1998‑54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Electoral Amendment Act 2000 (No 2) A2000‑76 pt 3
notified 21 December 2000 (Gaz 2000 No S69)
s 1, s 2 commenced 21 December 2000 (IA s 10B)
pt 3 (ss 25-29) commenced 11 April 2001 (s 2 and Gaz 2001 No 14)
Electoral Amendment Act 2001 A2001‑36 sch 3
notified 29 June 2001 (Gaz 2001 No S36)
sch 3 commenced 29 June 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 325
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 325 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Justice and Community Safety Legislation Amendment Act 2001 A2001‑70 sch 1
notified LR 14 September 2001
s 1, s 2 commenced 14 September 2001 (LA s 75)
amdts commenced 12 September 2001 (s 2 (3))
Electoral Amendment Act 2004 A2004-26 s 42
notified LR 21 May 2004
s 1, s 2 commenced 21 May 2004 (LA s 79 (1))
s 42 commenced 22 May 2004 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.84
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.84 commenced 12 April 2007 (s 2 (1))
Electoral Legislation Amendment Act 2008 A2008-13 sch 3
notified LR 20 May 2008
s 1, s 2 commenced 20 May 2008 (LA s 75 (1))
sch 3 commenced 21 May 2008 (s 2)
Electoral Amendment Act 2012 A2012-28 sch 1 pt 1.2
notified LR 18 May 2012
s 1, s 2 commenced 18 May 2012 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 July 2012 (s 2)

4	Amendment history
Name of Act
s 1	sub A2007‑3 amdt 3.439
Dictionary
s 2	om A2001‑44 amdt 1.3588
	ins A2007‑3 amdt 3.441
Notes
s 3	defs reloc to dict A2007‑3 amdt 3.440
	sub A2007‑3 amdt 3.441
Terms used in Electoral Act
s 3A	ins A2007‑3 amdt 3.441
Timing of referendums
s 7	am A2001‑44 amdt 1.3589, amdt 1.3590
Ballot papers
s 11	am A2000‑76 s 27; A2001‑44 amdt 1.3591, amdt 1.3592
Voting at a referendum
s 12	am A2000‑76 s 28; A2001‑36 amdt 3.1, amdt 3.2 
Scrutiny
s 14	am A2000‑76 s 29; A2001‑44 amdt 1.3593, amdt 1.3594
Financial disclosure
s 15	am A2012‑28 amdt 1.2, amdt 1.3; pars renum R6 LA
Disputed referendums
s 16	am A2001‑44 amdt 1.3595
Offences
s 17	am A2001‑36 amdt 3.3; A2001‑70 amdt 1.70, amdt 1.71; A2004‑26 s 42
Approved forms
s 20	am A1998‑54 sch
	sub A2001‑44 amdt 1.3596
Regulation-making power
s 21	ins A2001‑44 amdt 1.3596
Modifications of part 10—voting
sch 1 pt 1.1	am A1998‑54 sch
Modifications of part 14—election funding, expenditure and financial disclosure
sch 1 pt 1.3 hdg	sub A2012‑28 amdt 1.4
sch 1 pt 1.3	am A1996‑56 s 35; A2001‑44 amdts 1.3597-1.3600; A2001‑70 amdt 1.72, amdt 1.73; mods renum R3 LA; A2008‑13 amdt 3.1, amdt 3.2; A2012‑28 amdt 1.5, amdt 1.6
Modifications of part 16—disputed elections, eligibility and vacancies
sch 1 pt 1.4	am A2001‑44 amdt 1.3601; A2001‑70 amdt 1.73; mods renum R3 LA
Modification of part 17—electoral offences
sch 1 pt 1.5	am A1998‑54 sch; mods renum R3 LA; A2012‑28 amdt 1.7
Modifications of part 19—miscellaneous
sch 1 pt 1.6	mods renum R3 LA
Dictionary
dict	ins A2007‑3 amdt 3.442
	def commissioner reloc from s 3 A2007‑3 amdt 3.440
	def concurrent referendum reloc from s 3 A2007‑3 amdt 3.440
	def declaration vote reloc from s 3 A2007‑3 amdt 3.440
	def election reloc from s 3 A2007‑3 amdt 3.440
	def election ballot paper reloc from s 3 A2007‑3 amdt 3.440
	def Electoral Act reloc from s 3 A2007‑3 amdt 3.440
	def enabling law reloc from s 3 A2007‑3 amdt 3.440
	def entrenching law reloc from s 3 A2007‑3 amdt 3.440
	def printing ins A2000‑76 s 26
	reloc from s 3 A2007‑3 amdt 3.440
	def referendum reloc from s 3 A2007‑3 amdt 3.440
	def referendum ballot paper am A2000‑76 s 26
	reloc from s 3 A2007‑3 amdt 3.440
	def referendum day reloc from s 3 A2007‑3 amdt 3.440
	def referendum law reloc from s 3 A2007‑3 amdt 3.440
	def referendum option reloc from s 3 A2007‑3 amdt 3.440
	def separate referendum reloc from s 3 A2007‑3 amdt 3.440

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	A2001‑44	11 September 2001	
2	A2001‑70	26 September 2001	
3	A2004‑26	22 May 2004	
4	A2007‑3	12 April 2007	
5	A2008‑13	21 May 2008	

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