2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Gary Humphries)
Community Referendum Bill 2002

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Dictionary	2
	4	Notes	2
Part 2	Legislative proposals
Division 2.1	Gaining community support
	5	Establishment of sponsoring committee	3
	6	Multiple proposals sponsored by same committee	4
	7	Initiating request	4
	8	Approval of initiating request	5
	9	Form of popular request	6
	10	Time for popular request	6
	11	Requirements of popular request	6
	12	Revocation of approval on cessation of committee	8
Division 2.2	Proposed laws
	13	Preparation of proposed laws	9
	14	Attorney-General’s certificate	9
	15	Presentation to Assembly	9
	16	Failure to prepare proposed law	10
	17	Amendments	10
	18	Submission to referendum	12
	19	Auditor-general’s estimate of costs or savings	12
	20	Special community consultation days	13
Part 3	Referendums
	21	Arguments for and against proposals	15
	22	Publication of arguments and auditor-general’s estimate	15
	23	Appointment of scrutineers	16
	24	Result of referendum	17
Part 4	Enactment of laws
	25	Enactment of proposed law	18
	26	Inconsistency in proposed laws	19
Part 5	Offences
	27	Harassment	22
	28	Misrepresenting sponsoring committee	22
	29	Misrepresenting document etc	22
Part 6	Sponsoring committees
	30	Changes in membership	24
	31	Procedures	25
	32	Cessation of existence	25
	33	Contact officer	25
	34	Vacancy in office of contact officer	25
	35	Notice of contact officer’s appointment or change of address	26
Part 7	Miscellaneous
	36	Approved forms	28
	37	Substantial compliance with some time requirements sufficient	28
	38	Review of decisions	28
	39	Regulation-making power	29
Dictionary		30

2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Gary Humphries)
Community Referendum Bill 2002

A Bill for
An Act to enable the people of the ACT to initiate and vote on legislative proposals

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
    
1	Name of Act
This Act is the Community Referendum Act 2002.
2	Commencement
This Act commences on the day after its notification day.
3	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 words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
	For example, the signpost definition ‘referendum ballot paper—see Machinery Provisions Act, section 3 (1).’ means that the expression ‘referendum ballot paper’ is defined in that subsection and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) 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 2001, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Legislative proposals
Division 2.1	Gaining community support
5	Establishment of sponsoring committee
	(1)	Between 2 and 10 electors who propose to present an initiating request may, by unanimous resolution, agree to form themselves into the sponsoring committee for the legislative proposal that is the subject of the request.
	(2)	For this Act, a sponsoring committee is established if the electoral commissioner accepts a notice (an establishment notice) containing—
	(a)	a statement that the electors named in the notice have agreed to be a sponsoring committee for the legislative proposal described in the notice; and
	(b)	the names and addresses of the electors; and
	(c)	their signatures; and
	(d)	the name of the elector proposed to be the contact officer for the committee; and
	(e)	a description, in no more than 100 words, of the main objects that the electors wish to achieve by the legislative proposal.
Note	If a form is approved under s 36 (Approved forms) for an establishment notice, the form must be used.
	(3)	The electoral commissioner must accept the notice if satisfied that—
	(a)	the notice complies with subsection (2); and
	(b)	the objects that the electors wish to achieve by the proposal can be implemented by Territory law.
	(4)	If the electoral commissioner accepts an establishment notice, the commissioner must give the contact officer for the committee written notice of the acceptance (a notice of acceptance).
	(5)	A notice of acceptance must include—
	(a)	a copy of the description of the legislative proposal set out in the establishment notice; and
	(b)	the name and address of the contact officer.
	(6)	A notice of acceptance is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(7)	If the electoral commissioner does not accept an establishment notice, the commissioner must give the elector proposed to be the contact officer for the committee a review statement about the decision.
	(8)	Failure to comply with subsection (5) in relation to a decision does not affect the validity of the decision.
6	Multiple proposals sponsored by same committee
If a group of electors become a sponsoring committee for a legislative proposal under section 5 (Establishment of sponsoring committee) and, at the same or later, the electoral commissioner accepts an establishment notice for that group for another legislative proposal, the group of electors is taken to be a separate sponsoring committee for each legislative proposal.
7	Initiating request
The contact officer for a sponsoring committee may give the electoral commissioner a request (an initiating request) seeking registration of a legislative proposal described in the establishment notice given to the commissioner by the sponsoring committee.
Note	If a form is approved under s 36 (Approved forms) for an initiating request, the form must be used.
8	Approval of initiating request
	(1)	The electoral commissioner must approve an initiating request if satisfied that—
	(a)	it relates to the legislative proposal described in the establishment notice for the sponsoring committee for which the request is made; and
	(b)	there is set out on each page of the request—
	(i)	the description of the legislative proposal set out in the establishment notice; and
	(ii)	the name and address of each member of the sponsoring committee; and
	(c)	it contains—
	(i)	the full names, addresses and dates of birth of at least 1 000 electors who have signed the request; and
	(ii)	the date when each elector signed the request.
	(2)	If the electoral commissioner approves the initiating request, the electoral commissioner must give the contact officer for the sponsoring committee written notice of the approval (a notice of approval).
	(3)	The notice of approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(4)	If the electoral commissioner does not approve the initiating request, the commissioner must give the contact officer for the sponsoring committee a review statement about the decision.
	(5)	For subsection (1) (c), the electoral commissioner may be satisfied that at least 1 000 signatories to the initiating request are electors if, having checked a sample of at least 200 signatories chosen at random and having applied an appropriate statistical method to the sample, the commissioner is satisfied that it is reasonable to conclude that at least 1 000 signatories are electors.
	(6)	For this section, a person is taken to be an elector if the person was an elector when the person signed the initiating request.
9	Form of popular request
An elector may give the electoral commissioner a request (a popular request) that the people of the ACT be permitted to decide by referendum whether the law of the ACT should be altered in accordance with an approved legislative proposal stated in the popular request.
Note	If a form is approved under s 36 (Approved forms) for a popular request, the form must be used.
10	Time for popular request
	(1)	A popular request for an approved legislative proposal must be given to the electoral commissioner within 6 months after the notification day for the notice of approval for the proposal under section 8 (3) (Approval of initiating request).
	(2)	A popular request given to the commissioner after the end of the period mentioned in subsection (1) must be disregarded for this division.
11	Requirements of popular request
	(1)	If the electoral commissioner is satisfied that the popular requests received for an approved legislative proposal bear the signatures of at least the required number of electors, the commissioner must, as soon as practicable, determine that—
	(a)	the legislative proposal has been supported by the required number of electors; and
	(b)	a proposed law that gives effect to the objects of the legislative proposal may, under this Act and the Machinery Provisions Act, be put to a referendum.
	(2)	A determination under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(3)	If the electoral commissioner is satisfied that the popular requests received for the legislative proposal bear the signatures of at least twice the required number of electors, the commissioner must also, as soon as practicable, determine that—
	(a)	the legislative proposal has been supported by twice the required number of electors; and
	(b)	the proposal is a qualified legislative proposal.
	(4)	A determination under subsection (3) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(5)	The electoral commissioner may be satisfied for subsection (1) or (3) if, having checked a sample of at least 1 000 signatories chosen at random and having applied an appropriate statistical method to the sample, the commissioner is satisfied that it is reasonable to conclude that the number of signatories to the popular requests who are electors would be at least the required number or twice the required number, as the case requires.
	(6)	If the electoral commissioner makes a determination under this section, the commissioner must tell the contact officer for the relevant sponsoring committee in writing of the determination. 
	(7)	If the electoral commissioner is not satisfied that the popular requests received for an approved legislative proposal amount to the required number, the commissioner must—
	(a)	revoke the approval of the initiating request; and
	(b)	give a review statement about the cancellation to the person who last held the office of contact officer of the relevant sponsoring committee.
	(8)	A revocation under subsection (7) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(9)	For this section, a person is taken to be an elector if the person was an elector when the person signed the popular request.
	(10)	In this section:
popular request does not include a request that is required to be disregarded for this division.
required number means 5% of the number of electors who were eligible to vote at the general election of members of the Legislative Assembly that was last held before the end of the period of 6 months mentioned in section 10 (Time for popular request).
12	Revocation of approval on cessation of committee
	(1)	The electoral commissioner must revoke the approval of an initiating request for a legislative proposal if, before a copy of a proposed law that gives effect to the objects of the proposal is given to the Speaker under section 15 (1) (Presentation to Assembly), the commissioner is satisfied that the relevant sponsoring committee has ceased to exist.
	(2)	For subsection (1), the electoral commissioner may be satisfied that a sponsoring committee has ceased to exist if the electoral commissioner has given to the contact officer a written notice of his or her intention to cancel the approval of the initiating request under subsection (1) and—
	(a)	no response has been received within 1 month after the day the notice was given; or
	(b)	from the response received it is reasonable to conclude that the committee has ceased to exist.
	(3)	If the electoral commissioner decides to revoke an approval under subsection (1), the commissioner must give a review statement about the decision to the person who appears to the commissioner to be the person who last held the office of contact officer of the relevant sponsoring committee.
Division 2.2	Proposed laws
13	Preparation of proposed laws
	(1)	If a determination for a popular request has been notified under section 11 (Requirements of popular request), the sponsoring committee for the relevant approved legislative proposal may prepare a proposed law that gives effect to the objects of the proposal.
	(2)	On written application by the sponsoring committee through its contact officer, the Attorney-General must make available to the committee the services of a public servant to enable the committee to prepare a proposed law.
14	Attorney-General’s certificate
	(1)	If the sponsoring committee for an approved legislative proposal has prepared a proposed law, its contact officer may apply in writing to the Attorney-General for a certificate that the proposed law is consistent with the approved legislative proposal and is suitable for presentation to the electors on a community consultation day.
	(2)	The Attorney-General may give a certificate under this section only if satisfied that the proposed law—
	(a)	is consistent with the objects of the approved legislative proposal; and
	(b)	is in a form suitable for presentation to the Legislative Assembly.
15	Presentation to Assembly
	(1)	If the Attorney-General gives a certificate under section 14 in relation to a proposed law, the contact officer of the sponsoring committee for the proposed law may give the certificate and a copy of the proposed law to the Speaker.
	(2)	The Speaker must—
	(a)	present the certificate and the copy of the proposed law to the Legislative Assembly on the first sitting day after the day the Speaker receives them; and
	(b)	tell the electoral commissioner about the presentation; and
	(c)	give a copy of the proposed law to the electoral commissioner and the Chief Minister. 
16	Failure to prepare proposed law
	(1)	This section applies if a copy of a proposed law is not presented to the Legislative Assembly under section 15 before the general election of members of the Assembly that next happens after the notification day for the notice of approval for the proposal under section 8 (Approval of initiating request).
	(2)	If this section applies, the approval for the initiating request for the legislative proposal is taken to be revoked.
17	Amendments
	(1)	If a copy of a proposed law has been presented to the Legislative Assembly under section 15 (2) (Presentation to Assembly), the sponsoring committee for the proposed law may prepare an amendment of the proposed law.
	(2)	On written application by the sponsoring committee through its contact officer, the Attorney-General must make available to the committee the services of a public servant to enable the committee to prepare an amendment of the proposed law.
	(3)	If the sponsoring committee has prepared an amendment of the proposed law, its contact officer may apply in writing to the Attorney-General for a certificate under section 14 (Attorney‑General’s certificate).
	(4)	If an application is made under subsection (3)—
	(a)	any certificate previously issued under section 14 for the proposed law ceases to have effect; and
	(b)	that section applies to the application as if a reference in that section to the proposed law were a reference to the proposed law as amended by the amendment.
	(5)	If the Speaker receives, on or before the last day for making an amendment, a copy of an amendment of the proposed law and the Attorney-General’s certificate for the proposed law as amended by the amendment, the Speaker must—
	(a)	present the certificate and the copy of the amendment to the Legislative Assembly on the first sitting day after the day the speaker receives them; and
	(b)	tell the electoral commissioner about the presentation; and
	(c)	give a copy of the proposed law to the electoral commissioner and the Chief Minister. 
	(6)	The proposed law is amended when a copy of the amendment is presented to the Legislative Assembly under subsection (5).
	(7)	If the proposed law is amended under this section—
	(a)	a reference in this Act to the proposed law is a reference to the proposed law as amended; and
	(b)	in any publication or reproduction of the proposed law, the proposed law must be published or reproduced as amended.
	(8)	In this section:
last day for making amendments, for the proposed law, means the 31 May that last happens before the community consultation day when the referendum for the proposed law is to be held.
18	Submission to referendum
	(1)	If a copy of a proposed law has been presented to the Legislative Assembly under section 15 (2) (Presentation to Assembly), the electoral commissioner must submit the proposed law to a referendum of electors on the first community consultation day that happens after the end of 4 months after presentation.
	(2)	However, the electoral commissioner must not submit a proposed law to referendum if, before the holding of the referendum, the commissioner receives from the Attorney-General written advice that the Legislative Assembly has enacted a law that gives effect to the objects of the proposed law.
19	Auditor-general’s estimate of costs or savings
	(1)	If a copy of a proposed law has been presented to the Legislative Assembly under section 15 (2) (Presentation to Assembly), the auditor-general must, as soon as practicable, prepare an estimate of the reasonable costs or savings to the Territory of implementing the proposed law.
	(2)	An estimate under subsection (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(3)	For this section, costs or savings are—
	(a)	the net costs or savings that are of capital or a capital nature; and
	(b)	the net annual operating costs or savings.
	(4)	In making an estimate, the auditor-general must—
	(a)	assume that the proposed law will commence on 1 July after presentation of the proposed law to the Legislative Assembly; and
	(b)	estimate the costs of, or savings in, implementing the proposed law in the financial year beginning on that date and each of the next 2 following financial years.
	(5)	If the auditor-general considers it advisable for the purpose of better informing the community, the auditor-general may prepare estimates in the form of a statement of the highest and lowest reasonably estimated amounts of a cost or saving.
	(6)	An estimate under subsection (5) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(7)	The auditor-general must prepare a statement of the material assumptions made in the calculation of an estimate under this section and the reasons for the conclusions reached.
	(8)	A statement under subsection (7) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
20	Special community consultation days
	(1)	This section applies if, during the period of 12 months ending on 31 May in a year, a copy of a qualified proposed law has been presented to the Legislative Assembly.
	(2)	If this section applies, the electoral commissioner must, as soon as practicable after the end of the period mentioned in subsection (1), declare the 3rd Saturday in October to be a special community consultation day.
	(3)	A declaration under subsection (2) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
	(4)	If, after notification of the declaration under subsection (3) but before the day declared to be a special community consultation day, a day is determined for the holding of an extraordinary election, the day declared under subsection (2) ceases to be a special community consultation day.
	(5)	If—
	(a)	the electoral commissioner has made a declaration under subsection (2) declaring a day to be a special community consultation day; and
	(b)	a writ is issued under the Commonwealth Electoral Act 1918 (Cwlth), part 13 for an election of Senators for the Territory or for a general election for the House of Representatives; and
	(c)	the date for the polling for the election is the day declared to be a special community consultation day;
that day ceases to be a special community consultation day and the next 1st Saturday in December is taken to be a special community consultation day.
	(6)	In this section:
extraordinary election means an election of members of the Legislative Assembly held under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), section 16 or 48.
qualified proposed law means a proposed law that gives effect to the objects of a qualified legislative proposal.

Part 3	Referendums
    
21	Arguments for and against proposals
	(1)	Within 2 months after the presentation of a proposed law to the Legislative Assembly under section 15 (2) (Presentation to Assembly), the sponsoring committee for the proposed law may give the electoral commissioner an argument in favour of the proposed law consisting of no more than 2 000 words.
	(2)	Before the end of the period mentioned in subsection (1), a member of the Legislative Assembly may give to the electoral commissioner an argument against the proposed law that consists of no more than 2 000 words and has been authorised by a majority of the members of the Assembly who are against the proposed law.
	(3)	If, after the electoral commissioner receives an argument for a proposed law, the proposed law is amended under section 17 (Amendments), a revised argument may be given to the commissioner for the proposed law by the sponsoring committee or a member, as the case requires.
	(4)	If the electoral commissioner receives a revised argument under subsection (3), the original argument must be disregarded for this Act and the Machinery Provisions Act.
22	Publication of arguments and auditor-general’s estimate
	(1)	The electoral commissioner must, at least 14 days before the referendum day for a proposed law—
	(a)	 publish a pamphlet containing—
	(i)	any argument given to the commissioner under section 21 (1) (Arguments for and against proposals) in relation to the proposed law (or, if a revised argument has been given under section 21 (3), the revised argument); and
	(ii)	any argument given to the commissioner under section 21 (2) in relation to the proposed law; and
	(iii)	the auditor-general’s estimate in relation to the proposed law under section 19 (Auditor-general’s estimate of costs or savings); and
	(b)	as far as practicable, post the pamphlet—
	(i)	to each elector; or
	(ii)	to each household in the ACT.
	(2)	The pamphlet must set out each argument in a similar typeface and style.
	(3)	The arguments and estimates for more than 1 legislative proposal may be contained in a single pamphlet.
	(4)	A pamphlet under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
23	Appointment of scrutineers
Each of the following may appoint a scrutineer or scrutineers to represent it during the polling or scrutiny for a referendum:
	(a)	a political party that, on 31 May before the community consultation day when the referendum is held—
	(i)	was registered under the Electoral Act; and
	(ii)	was represented by at least 1 member in the Legislative Assembly; 
	(b)	if a proposed law gives effect to the objects of a registered legislative proposal—the relevant sponsoring committee.
24	Result of referendum
Subject to any decision of the Court of Disputed Elections, a proposed law that has been put to a referendum is approved if more than 1/2 of the formal votes cast at the referendum are in favour of it.

Part 4	Enactment of laws
    
25	Enactment of proposed law
	(1)	As soon as practicable after the end of the period  for a qualified proposed law within which an application disputing the validity of a referendum may be made, the electoral commissioner must notify the Speaker in writing whether any application has been made.
	(2)	If an application disputing the validity of a referendum has been made, the electoral commissioner must notify the Speaker in writing when it is finally disposed of.
	(3)	For subsection (2), an application is taken to be finally disposed of if—
	(a)	it is withdrawn; or
	(b)	it is dealt with by the Court of Disputed Elections.
	(4)	The Speaker must, on the first sitting day of the Legislative Assembly after receiving a notification under subsection (1) or (2), present it to the Legislative Assembly.
	(5)	Subject to any decision of the Court of Disputed Elections, if a qualified proposed law has been approved at a referendum, the Chief Minister must present the proposed law to the Legislative Assembly, on the next sitting day after the presentation by the Speaker of a notification—
	(a)	under subsection (1) that no application to dispute the validity of the referendum has been made; or
	(b)	under subsection (2).
	(6)	Subsection (5) is subject to section 26.
26	Inconsistency in proposed laws
	(1)	This section applies if more than 1 proposed law has been approved on the same community consultation day and the Chief Minister is satisfied that—
	(a)	2 or more of the proposed laws are inconsistent with each other; or
	(b)	1 of the proposed laws is partly inconsistent with another proposed law.
	(2)	If this section applies, the Chief Minister must present under section 25 (5) (Enactment of proposed law)—
	(a)	any independent proposed law; and
	(b)	the inconsistent or partly inconsistent proposed law that has been supported by the greatest or greater number of votes.
	(3)	If subsection (1) (a) applies, section 25 (5) does not apply to a proposed law that is inconsistent with the proposed law that may be presented under subsection (2) (b).
	(4)	If—
	(a)	subsection (1) (b) applies; and
	(b)	the partly inconsistent proposed law is not a proposed law that may be presented under subsection (2) (b); and
	(c)	the proposed law is partly inconsistent with a proposed law that may be presented under subsection (2) (b) or this subsection; and
	(d)	the Chief Minister is satisfied that if the part of the proposed law because of which it is partly inconsistent were omitted, the proposed law, on enactment, would still—
	(i)	be capable of effective operation; and
	(ii)	achieve its primary objects;
section 25 (5) applies for the partly inconsistent proposed law as if the inconsistent part were not part of it.
	(5)	If more than 1 proposed law is partly inconsistent with a law that may be presented under subsection (2) (b)—
	(a)	subsection (4) applies first to the proposed law that has been supported by the greatest or greater number of votes and then to any others in succession; and
	(b)	a reference in subsection (4) (c) to a proposed law that may be presented under subsection (4) is a reference to that proposed law after the omission of the inconsistent part.
	(6)	Section 25 (5) does not apply for a partly inconsistent proposed law unless that proposed law may be presented under subsection (2) (b) or (4).
	(7)	If—
	(a)	4 or more laws have been approved at a referendum; and
	(b)	subsection (1) applies; and
	(c)	there are 2 or more groups of inconsistent laws;
subsection (2) (b) and subsections (3), (4), (5) and (6) apply for each group independently.
	(8)	For this section—
	(a)	proposed laws are taken to be inconsistent with each other if they would be incapable of operating concurrently if both or all were enacted; and
	(b)	a proposed law is taken to be partly inconsistent with another proposed law if it contains a part that, if both proposed laws were enacted, would be incapable of operating concurrently with the other law or any part of it; and
	(c)	a proposed law is an independent proposed law if it is not a proposed law mentioned in paragraph (a) or (b); and
	(d)	a reference to a group of inconsistent laws is a reference to a group of proposed laws in which every law is inconsistent or partly inconsistent with at least 1 other proposed law in the group.

Part 5	Offences
    
27	Harassment
A person commits an offence if the person intimidates or causes violence to someone else for the purpose of inducing the other person to—
	(a)	sign; or
	(b)	refuse to sign;
an initiating request or a popular request.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
28	Misrepresenting sponsoring committee
A person commits an offence if—
	(a)	the person, without reasonable excuse, publishes, or seeks someone else’s signature to, a document that is represented to be, or be part of, an initiating request or a popular request; and
	(b)	the document does not contain the name and address of each member of the sponsoring committee.
Maximum penalty:  50 penalty units.
29	Misrepresenting document etc
	(1)	A person commits an offence if the person falsely represents to someone else that a document is, or is part of, an initiating request or a popular request for the purpose of obtaining the other person’s signature to the document. 
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	A person commits an offence if the person falsely represents to someone else the nature or main objects of a legislative proposal for the purpose of inducing the other person—
	(a)	to sign an initiating request; or
	(b)	to address a popular request to the electoral commissioner.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	A person commits an offence if the person falsely represents that a legislative proposal, or a form of words that resembles a legislative proposal, is an approved legislative proposal.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

Part 6	Sponsoring committees
30	Changes in membership
	(1)	A member of a sponsoring committee ceases to be a member if the member—
	(a)	resigns his or her membership by written notice given to the contact officer; or
	(b)	ceases to be an elector.
	(2)	If the membership of a sponsoring committee changes because of the death of a member or under subsection (1), the contact officer must, within 1 month after becoming aware of that fact, give the electoral commissioner written notice of the change in the approved form.
Note	If a form is approved under s 36 (Approved forms) for a notice of change of membership, the form must be used.
	(3)	A contact officer must not, without reasonable excuse, fail to comply with subsection (2).
Maximum penalty:  5 penalty units.
	(4)	A sponsoring committee that consists of no more than 9 members may agree to admit 1 other elector to membership.
	(5)	If a sponsoring committee makes a decision under subsection (4), its contact officer must give the electoral commissioner a notice that contains—
	(a)	the name and address of the person who has agreed to be admitted to the committee; and
	(b)	the person’s signature.
Note	If a form is approved under s 36 (Approved forms) for a notice of admission of member, the form must be used.
Maximum penalty:  5 penalty units.
	(6)	A person who has agreed to be admitted to the committee becomes a member when notice is given under subsection (5).
31	Procedures
Subject to this Act, a sponsoring committee may decide its own procedures.
32	Cessation of existence
	(1)	A sponsoring committee ceases to exist if—
	(a)	it resolves to dissolve itself; or
	(b)	it has only 1 member; or
	(c)	it has no members; or
	(d)	the approval of the initiating request for the relevant approved legislative proposal is revoked. 
	(2)	If a sponsoring committee ceases to exist under subsection (1) (a), (b) or (c), the person who was the contact officer at the time of the cessation must tell the electoral commissioner in writing of the cessation of the existence of the committee within 1 month after the day of the cessation.
Maximum penalty:  5 penalty units.
33	Contact officer
	(1)	A sponsoring committee must appoint 1 of the members of the committee as contact officer.
	(2)	For this Act, it is presumed that action taken by the contact officer for a sponsoring committee is taken with the authority of the committee.
34	Vacancy in office of contact officer
	(1)	A sponsoring committee may remove its contact officer from office.
	(2)	The office of the contact officer is taken to be vacant if the contact officer—
	(a)	is removed from office under subsection (1); or
	(b)	resigns from office; or
	(c)	ceases to be a member of the committee.
	(3)	If the office becomes vacant, the committee must, within 14 days after the vacancy happens, appoint 1 of its members to fill it.
	(4)	If a sponsoring committee fails, without reasonable excuse, to comply with subsection (3), each member of the committee commits an offence.
Maximum penalty:  2 penalty units.
	(5)	However, a member of a committee does not commit an offence against subsection (4) if the member satisfies the court that the member—
	(a)	made reasonable efforts to try to have the committee comply with subsection (3); or
	(b)	had reasonable excuse for not taking part in the affairs of the committee at the relevant time.
35	Notice of contact officer’s appointment or change of address
	(1)	A person who is appointed to be the contact officer of a sponsoring committee after a vacancy happens must, within 1 month after being appointed, give the electoral commissioner a notice signed by a majority of the members of the committee, advising—
	(a)	of the reason for the vacancy; and
	(b)	of the appointment to fill it.
Note	If a form is approved under s 36 (Approved forms) for a notice under this section, the form must be used.
Maximum penalty: 2 penalty units.
	(2)	A contact officer who changes his or her address must, within 1 month after the day of the change, tell the electoral commissioner in writing of the change.
Maximum penalty:  2 penalty units.

Part 7	Miscellaneous
    
36	Approved forms
	(1)	The electoral commissioner may, in writing, approve forms for this Act.
	(2)	If the electoral commissioner approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see Legislation Act 2001, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
37	Substantial compliance with some time requirements sufficient
If, under this Act, the Speaker or the Chief Minister is required to do a thing on a particular day, and it is impracticable to do it on that day, the requirement is taken to be satisfied if the thing is done as soon as practicable.
38	Review of decisions
The Electoral Act, part 15 (Review of decisions) applies to the following decisions as if the decision were a reviewable decision for that Act:
	(a)	a decision to refuse to accept a document under section 5 (3) (Establishment of sponsoring committee);
	(b)	a decision not to approve an initiating request under section 8;
	(c)	a decision to revoke the approval of an initiating request for a legislative proposal under section 11 (7) (Requirements of popular request) or section 12 (1) (Revocation of approval on cessation of committee).
39	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 must make provision about the conduct of a referendum for this Act.
	(3)	Without limiting subsection (2), the regulations may apply (with or without change) a provision of the Electoral Act or the Machinery Provisions Act to the conduct of a referendum.
	(4)	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

Dictionary
(see s 3)
Note 1	The Legislation Act 2001 contains definitions and other provisions that are relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1 defines the following terms:
·	auditor general
·	electoral commissioner
·	exercise
·	function
·	Speaker
Note 3	A definition applies except so far as the contrary intention appears (see Legislation Act 2001).
approved form means a form approved by the electoral commissioner under section 36 (Approved forms).
approved legislative proposal means a legislative proposal described in an initiating request that—
	(a)	has been approved under section 8 (Approval of initiating request); and
	(b)	has not been revoked under section 11 (7) (Requirements of popular request) or section 12 (1) (Revocation of approval on cessation of committee).
community consultation day means—
	(a)	a day when a general election of members of the Legislative Assembly is held; or
	(b)	a special community consultation day;
and, if polling is suspended and resumed, includes a day when polling is resumed.
contact officer, for a sponsoring committee, means the person named in the last notice given to the electoral commissioner under section 5 (Establishment of sponsoring committee) or section 35 (Notice of contact officer’s appointment or change of address)
Court of Disputed Elections—see Electoral Act, dictionary.
election—see Electoral Act, dictionary.
elector—see Electoral Act, dictionary.
Electoral Act means the Electoral Act 1992.
establishment notice—see section 5 (2) (Establishment of sponsoring committee).
initiating request—see section 7 (Initiating request).
legislative proposal means a proposal for a Territory law for any matter for which the Assembly has power to make laws, other than a law—
	(a)	to appropriate public money; or
	(b)	to provide that—
	(i)	a stated amount of public money; or
	(ii)	not more than a stated amount of public money; or
	(iii)	a stated proportion of an amount of public money; or
	(iv)	not less than a stated proportion of an amount of public money;
is to be spent for a specified purpose or program; or
	(c)	that prohibits the expenditure of any public money for a stated purpose or program.
Machinery Provisions Act means the Referendum (Machinery Provisions) Act 1994.
notice of approval—see section 8 (2) (Approval of initiating request).
popular request—see section 9 (Form of popular request).
public money means public money of the Territory.
qualified legislative proposal means a proposal that is determined to be a qualified legislative proposal under section 11 (3) (Requirements of popular request).
qualified proposed law—see section 20 (6) (Special community consultation days).
referendum—see the Machinery Provisions Act, section 3 (1).
referendum ballot paper—see the Machinery Provisions Act, section 3 (1).
review statement—see the Electoral Act, dictionary.
special community consultation day means a day that is a special community consultation day under section 20 (Special community consultation days).

Endnote
Penalty units
	The Legislation Act 2001, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

© Australian Capital Territory 2002