Federal Register of Legislation - Australian Government

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Act No. 42 of 1928 as made
An Act to amend the Referendum (Constitution Alteration) Act 1906-1926 and for other purposes.
Date of Assent 28 Sep 1928
Date of repeal 03 Sep 1984
Repealed by Referendum (Machinery Provisions) Act 1984

 

REFERENDUM (CONSTITUTION ALTERATION) ACT.

 

No. 42 of 1928.

An Act to amend the Referendum (Constitution Alteration) Act 1906-1926 and for other purposes.

[Assented to 28th September, 1928.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.(1.)   This Act may be cited as the Referendum (Constitution Alteration) Act 1928.

(2.)  The Referendum (Constitution Alteration) Act 19061926 is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the Referendum (Constitution Alteration) Act 19061928.


 

Non-application of section 6a.—pamphlets.

2.  Section six a of the Principal Act shall not apply in relation to any Referendum held at the same time as the elections for the Senate and general elections for the House of Representatives next after the commencement of this Act.

Informal ballot-papers.

3.  Section twenty-one of the Principal Act is amended by inserting at the end of sub-section (1.) the following proviso:—

“Provided further that a ballot-paper shall not be informal by reason only of the fact that the voter has indicated his vote by placing in one square the number 1 or a cross, and by leaving the other square blank, and in that case the cross shall be deemed to be equivalent to the figure 1.”.

Minor amendments in Principal Act.

4.  The Principal Act is amended—

(a) by omitting the words and figures “Commonwealth Electoral Act 19181925” (wherever occurring) and inserting in their stead the words and figures “Commonwealth Electoral Act 1918–1928”; and

(b) by omitting the words “sub-section (3.) of section one hundred and fifteen” (wherever occurring).

Marking of vote on ballot-paper.

5.   Section fourteen of the Principal Act is amended by omitting the words “by marking it on the ballot-paper in accordance with the directions thereon”, and inserting in their stead the following words:—“in the following manner:—

(a) if he approves of the proposed law—by placing the number 1 in the square opposite the word ‘Yes’, and by placing the number 2 in the square opposite the word ‘No’; or

(b) if he does not approve of the proposed law—by placing the number 1 in the square opposite the word ‘No’, and by placing the number 2 in the square opposite the word ‘Yes’.”.

Amendment of Forms C and D in Schedule.

6.  The Schedule is amended by omitting from Forms C and D the following words:—

“If he approves of the proposed law he should make a cross in the square opposite the word ‘Yes’;

If he does not approve of the proposed law he should make a cross in the square opposite the word ‘No’“;

and inserting in their stead the following words:—

“If he approves of the proposed law he should place the number 1 in the square opposite the word ‘Yes’ and the number 2 in the square opposite the word ‘No’;

If he does not approve of the proposed law he should place the number 1 in the square opposite the word ‘No’ and the number 2 in the square opposite the word ‘Yes’.”