Federal Register of Legislation - Australian Government

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Act No. 11 of 1906 as amended, taking into account amendments up to Act No. 155 of 1980
Registered 07 Dec 2009
Start Date 19 Sep 1980
End Date 03 Sep 1984
Date of repeal 03 Sep 1984
Repealed by Referendum (Machinery Provisions) Act 1984

REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 [Note: This Act is "repealed" by Act No. 44 of 1984]
(#DATE 28:02:1981)

- Incorporating all amendments by legislation made to 28 February 1981
- Reprinted as at 28 February 1981
*1* The Referendum (Constitution Alteration) Act 1906 (a) as shown in this
reprint comprises Act No. 11, 1906 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
----------------------------------------------------------------------------
Referendum
(Constitution
Alteration) Act
1906 11, 1906 8 Oct 1906 8 Oct 1906
Referendum
(Constitution
Alteration) Act
1909 20, 1909 13 Dec 1909 13 Dec 1909 -
Referendum
(Constitution
Alteration) Act
1910 31, 1910 1 Dec 1910 1 Dec 1910 -
Referendum
(Constitution
Alteration) Act
1912 17, 1912 6 Nov 1912 6 Nov 1912 -
Referendum
(Constitution
Alteration) Act
1912 No. 2 35, 1912 24 Dec 1912 24 Dec 1912 -
Referendum
(Constitution
Alteration) Act
1915 38, 1915
as amended
by 45, 1934
13 Sept 1915

6 Aug 1945 13 Sept 1915

6 Aug 1945 S. 3
(repealed by
45, 1934, s.
2)
-
Referendum
(Constitution
Alteration) Act
1919 14, 1919
as amended
by 45, 1934 28 Oct 1919

6 Aug 1945 28 Oct 1919

6 Aug 1945 S. 22
(repealed by
45, 1934, s.
2)
-
Referendum
(Constitution
Alteration) Act
1926 23, 1926
as amended
by 45, 1934
28 June 1926

6 Aug 1945 28 June 1926

6 Aug 1945 S. 3
(repealed by
45, 1934, s.
2)
-
Referendum
(Constitution
Alteration) Act
1928 42, 1928
as amended
by 45, 1934
28 Sept 1928

6 Aug 1945 28 Sept 1928

6 Aug 1945 S. 2
(repealed by
45, 1934, s.
2)
-
Referendum
(Constitution
Alteration) Act
1936 61, 1936 28 Nov 1936 28 Nov 1936 -
Statute Law
Revision Act 1950 80, 1950 16 Dec 1950 31 Dec 1950 Ss. 16 and 17 Referendum
(Constitution
Alteration) Act
1965 49, 1965 3 June 1965 1 July 1965 -
Referendum
(Constitution
Alteration) Act
(No. 2) 1965 121, 1965 18 Dec 1965 15 Jan 1966 -
Statute Law
Revision (Decimal
Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 -
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Postal and
Telecommunications
Commissions
(Transitional
Provisions) Act
1975 56, 1975 12 June 1975
Ss. 4 and 38: 1
July 1975 (see
s. 2 (1) and
Gazette 1975,
No. S122, p. 1)
Remainder:
Royal Assent -
High Court of
Australia
(Consequential
Provisions) Act
1980 155, 1980 19 Sept 1980 19 Sept 1980 -
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


PART I-PRELIMINARY


Section

1. Short title

2. (Repealed)

3. Interpretation

4. Application of Electoral Act


PART II-WRIT FOR THE REFERENDUM


5. Writ for a referendum

6. Statement of proposed law

6A. Distribution to electors of arguments for and against proposed law

7. Copy of writ and proposed law to be sent to Governors of States

8. Action by Chief Electoral Officer on receipt of writ

9. Action by Commonwealth Electoral Officers

10. Action by officers to carry writ into effect

10A. Electors who may be admitted to vote at referendum


PART III-VOTING AT THE REFERENDUM


11. Voting on same day throughout Australia

12. Polling places

13. One vote only

14. Manner of voting

14A. Forms of ballot-paper

15. Application of absent and postal voters' provisions

15A. Answers to questions

16. Use of ballot-boxes and polling booths

17. Appointment of scrutineers


PART IV-SCRUTINY OF THE REFERENDUM


18. Ascertainment of result of submission

19. Conduct of scrutiny

20. Action at scrutiny

20A. Action on objection to ballot-papers

21. Informal ballot-papers

22. Return of result of submission by Returning Officers

23. Recount

23A. Reservation of disputed ballot-papers


PART V-RETURN OF THE WRIT


24. Indorsement on writ by Commonwealth Electoral Officer

25. Return of writ

26. Copies of return to Governors of the States


PART VI-DISPUTED RETURNS


27. Disputing validity of submission or return

28. Requisites of petition

29. Jurisdiction of High Court

30. Notice of petition

31. Joinder of parties

32. Procedure on petition

33. Immaterial errors not to vitiate referendum


PART VII-MISCELLANEOUS


34. Regulations

35. Return of expenses in connexion with the referendum

36. Return by newspaper proprietors

37. (Repealed)

38. Referendum papers to be post free

39. Telegraphing matter

40. Preservation of ballot-papers, &c.

41. Alteration of Form C and Form D


PART VIII-REFERENDUM OFFENCES


42. Construction of Part

43. Supply of meat, drink, or entertainment, &c.

44. Bribery

45. Receipt of bribe by elector

46. Undue influence

47. Advertisements relating to referendum

48. Misleading advertisements, &c.

49. Misconduct at public meeting


THE SCHEDULE


Forms
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REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - LONG TITLE

SECT

An Act relating to the submission to the Electors of proposed Laws for the
alteration of the Constitution


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 1.
Short title

SECT

PART I-PRELIMINARY

1. This Act may be cited as the Referendum (Constitution Alteration) Act 1906.*1*


Section 2 repealed by No. 216, 1973, s. 3
* * * * * * * *
See notes to first article of this CHAPTER.

REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 3.
Interpretation

Amended by No. 17, 1912, s. 3; No. 14, 1919, s. 2; No. 23, 1926, s. 11; No. 42, 1928, s. 4; No. 61, 1936, s. 2

SECT

3. In this Act, unless the contrary intention appears- ''Referendum'' means the submission to the electors of a proposed law for the alteration of the Constitution;

''Absent voter'' means an elector voting or desiring to vote in pursuance of the regulations relating to absent voting made in pursuance of section one hundred and thirteen of the Commonwealth Electoral Act 1918-1934 in connexion with a referendum;

''Absent voting'' means voting in pursuance of the regulations relating to absent voting made in pursuance of section one hundred and thirteen of the Commonwealth Electoral Act 1918-1934 in connexion with a referendum;

''Election'' means an election of senators or of members of the House of Representatives.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 4.
Application of Electoral Act

Substituted by No. 17, 1912, s. 4
Sub-section (1) amended by No. 14, 1919, s. 3; No. 23, 1926, ss. 2 and 11; No.
42, 1928, s. 4; No. 61, 1936, s. 2

SECT

4. (1) The provisions of section forty-five, sub-section (3) of section forty-seven, and the proviso to sub-section (1) of section fifty-seven of the Commonwealth Electoral Act 1918-1934, and the provisions of Parts XII, XIII, and XVII, and sub-section (2) of section one hundred and forty-one and section one hundred and ninety-four A of that Act shall, subject to this Act, and so far as they are applicable, apply to a referendum as if it were an election.


Amended by No. 23, 1926, s. 2; No. 49, 1965, s. 2

SECT

(2) In the application of any provision or part of the said Act to a referendum-

(a) A reference to a writ shall be read as a reference to a writ for a referendum;

(b) A reference to a polling-day shall be read as a reference to the day fixed by a writ for a referendum for the taking of the votes of the electors;

(c) A reference to a poll shall be read as a reference to the taking of the votes of the electors for the purposes of a referendum;

(d) A reference to an election shall be read as a reference to a referendum;

(e) Each Divisional Returning Officer and Assistant Returning Officer shall, in any case, make the necessary arrangements for the taking of the votes of the electors in his Division or portion of a Division, as the case requires;

(f) Sections one hundred and four, one hundred and five, one hundred and five A, one hundred and five B, one hundred and six, one hundred and eight, one hundred and twelve, one hundred and twenty-three, one hundred and twenty-four, one hundred and fifty-six, one hundred and fifty-seven, one hundred and fifty-eight, one hundred and fifty-nine, one hundred and sixty, one hundred and sixty-one, and one hundred and sixty-two, shall not apply to a referendum;

(g) The ballot-papers to be used under Part XII and section one hundred and thirteen, section one hundred and twenty-one, and section one hundred and twenty-one A, for the purposes of a referendum, shall be in accordance with the forms prescribed for use in connexion with a referendum;

(h) A ballot-paper used for the purposes of a referendum shall only be rejected as informal for the reasons specified in this Act or the regulations;

(i) The vote of an elector shall be marked on his ballot-paper in the manne directed by this Act or the regulations, and the ballot-paper shall be folded so as to conceal the vote marked thereon;

(j) A reference to scrutineers or to a scrutineer shall be read as a reference to scrutineers or to a scrutineer appointed in pursuance of this Act, as the case requires;

(k) A reference to electoral matter or to electoral papers shall be read as a reference to corresponding matter or papers in relation to a referendum;

(l) A reference to a ballot-paper, ballot-box, or other thing shall be read as a reference to a ballot-paper, ballot-box, or corresponding thing in relation to a referendum;

(m) Any reference to ''this Act'' shall be read as a reference to the provisions and Parts of the said Act which are applicable to a referendum.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 5.
Writ for a referendum

SECT

PART II-WRIT FOR THE REFERENDUM

5. (1) Whenever a proposed law for the alteration of the Constitution is to be submitted to the electors,*2* the Governor-General may issue a writ for the submission of the proposed law to the electors.


Substituted by No. 216, 1973, s. 3

SECT

(2) The writ may be in accordance with Form E in the Schedule and shall appoint-

(a) a date, being a Saturday, for the taking of the votes of the electors; and

(b) a date for the return of the writ.


*2* S. 5 (1)-The following proposed laws for the alteration of the Constitution
have been submitted to the electors under the provisions of this Act up to 28
February 1981.
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Gazette
containing
Chief Parliamentary Electoral Papers
Officer's containing
Date of Result of Statement Detailed
Short title Submission Submission of Result Voting
----------------------------------------------------------------------------
Constitution Alteration
(Senate Elections) 1906 12 Dec 1906 Approved 1907, p. 502 1907, No. 7
Constitution Alteration
(Finance) 1909 13 Apr 1910 Not approved 1910, p. 1157 1910, No. 1
Constitution Alteration
(State Debts) 1909 13 Apr 1910 Approved 1910, p. 1158 1910, No. 1
Constitution Alteration
(Legislative Powers)
1910 26 Apr 1911 Not approved 1911, p. 1579 1911, No. 2
Constitution Alteration
(Monopolies) 1910 26 Apr 1911 Not approved 1911, p. 1580 1911, No. 2
Constitution Alteration
(Corporations) 1912 31 May 1913 Not approved 1913, p. 1792 1913, No. 22 Constitution Alteration
(Industrial Matters)
1912 31 May 1913 Not approved 1913, p. 1793 1913, No. 22 Constitution Alteration
(Nationalization of
Monopolies) 1912 31 May 1913 Not approved 1913, p. 1794 1913, No. 22 Constitution Alteration
(Trade and Commerce)
1912 31 May 1913 Not approved 1913, p. 1792 1913, No. 22 Constitution Alteration
(Railway Disputes) 1912 31 May 1913 Not approved 1913, p. 1793 1913, No. 22 Constitution Alteration
(Trusts) 1912 31 May 1913 Not approved 1913, p. 1794 1913, No. 22 Constitution Alteration
(Legislative Powers)
1919 13 Dec 1919 Not approved 1920, p. 113 1920, No. 18
Constitution Alteration
(Nationalization of
Monopolies) 1919 13 Dec 1919 Not approved 1920, p. 113 1920, No. 18
Constitution Alteration
(Industry and Commerce)
1926 4 Sept 1926 Not approved 1926, p. 1640 1926-1928,
No. 74
Constitution Alteration
(Essential Services)
1926 4 Sept 1926 Not approved 1926, p. 1640 1926-1928,
No. 74
Constitution Alteration
(State Debts) 1928 17 Nov 1928 Approved 1929, p. 50 1929, No. 50
Constitution Alteration
(Aviation) 1936 6 Mar 1937 Not approved 1937, p. 662 1937, No. 67
Constitution Alteration
(Marketing) 1936 6 Mar 1937 Not approved 1937, p. 662 1937, No. 67
Constitution Alteration
(Post-war Reconstruction
and Democratic Rights)
1944 19 Aug 1944 Not approved 1944, p. 2213 1945-1946,
No. 15
Constitution Alteration
(Social Services) 1946 28 Sept 1946 Approved 1946, p. 3169 1948, No. 12 Constitution Alteration
(Organized Marketing of
Primary Products) 1946 28 Sept 1946 Not approved 1946, p. 3169 1948, No. 12 Constitution Alteration
(Industrial Employment)
1946 28 Sept 1946 Not approved 1946, p. 3170 1948, No. 12 Constitution Alteration
(Rents and Prices) 1947 29 May 1948 Not approved 1948, p. 2590 1950-1951,
No. 16
Constitution Alteration
(Powers to deal with
Communists and
Communism) 1951 22 Sept 1951 Not approved 1951, p. 2782 1951-1953,
No. 107
Constitution Alteration
(Parliament) 1967 27 May 1967 Not approved 1967, p. 3403
1968, No. 125 Constitution Alteration
(Aboriginals) 1967 27 May 1967 Approved 1967, p. 3403
1968, No. 125 Constitution Alteration
(Prices) 1973 8 Dec 1973 Not approved 1973, No.
195B,
p. 1 -
Constitution Alteration
(Incomes) 1973 8 Dec 1973 Not approved 1973, No.
195B, p. 1 -
Constitution Alteration
(Simultaneous Elections)
1974 18 May 1974 Not approved 1974, No.
50C, p. 1 -
Constitution Alteration
(Mode of Altering the
Constitution) 1974 18 May 1974 Not approved 1974, No.
50C, p. 1 -
Constitution Alteration
(Democratic Elections)
1974 18 May 1974 Not approved 1974, No.
50C, p. 2 -
Constitution Alteration
(Local Government
Bodies) 1974 18 May 1974 Not approved 1974, No.
50C, p. 2 -
Constitution Alteration
(Simultaneous Elections)
1977 21 May 1977 Not approved 1977, No. S.
100, p. 1 -
Constitution Alteration
(Senate Casual
Vacancies) 1977 21 May 1977 Approved 1977, No.
S.100, p. 1 -
Constitution Alteration
(Retirement of Judges)
1977 21 May 1977 Approved 1977, No.
S.100, p. 2 -
Constitution Alteration
(Referendums) 1977 21 May 1977 Approved 1977, No.
S.100, p. 2 -
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REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 6.
Statement of proposed law

SECT

6. The Governor-General may cause to be attached to the writ a copy of the proposed law, or a copy of a statement setting out-

(a) the text of the proposed law,

(b) the text of the particular provisions (if any) of the Constitution proposed to be textually altered by the proposed law, and the textual alterations proposed to be made therein.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 6A.
Distribution to electors of arguments for and against proposed law

Inserted by No. 35, 1912, s. 2
Sub-section (1) amended by No. 38, 1915, s. 2; No. 61, 1936, s. 3

SECT

6A. (1) If within four weeks after the passage of the proposed law through both Houses there is forwarded to the Chief Electoral Officer-

(a) an argument in favour of the proposed law, consisting of not more than two thousand words, and authorized by a majority of those members of both Houses of the Parliament who voted for the proposed law and desire to forward such an argument; or

(b) an argument against the proposed law, consisting of not more than two thousand words, and authorized by a majority of those members of both Houses of the Parliament who voted against the proposed law and desire to forward such an argument,

the Chief Electoral Officer shall, within two months after the expiry of those four weeks, and not later than two weeks after the issue of the writ, cause to be printed and posted to each elector, as nearly as practicable, a pamphlet containing the arguments together with a statement showing the textual alterations and additions proposed to be made to the Constitution.


(2) When there are to be referendums upon more than one proposed law on the same day-

(a) the arguments in regard to all the proposed laws shall be printed in one pamphlet,

(b) the argument in favour of any proposed law may exceed two thousand words if the arguments in favour of all the proposed laws do not average more than two thousand words each; and the argument against any proposed law may exceed two thousand words if the arguments against all the proposed laws do not average more than two thousand words each,

(c) instead of separate statements in regard to each proposed law, there may be one statement setting out all the alterations and additions to the Constitution to be made by all the proposed laws, with marginal notes identifying the proposed law by which each alteration is proposed to be made.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 7.
Copy of writ and proposed law to be sent to Governors of States

Amended by No. 216, 1973, s. 3

SECT

7. A copy of the writ and a copy of the proposed law or of the statement (if any) attached to the writ shall immediately after the issue of the writ be forwarded to the Governors of the several States.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 8.
Action by Chief Electoral Officer on receipt of writ

SECT

8. The original writ shall be forwarded to the Chief Electoral Officer, who shall forthwith after the receipt thereof-

(a) forward copies of it to the Commonwealth Electoral Officers for the several States; and

(b) insert in the Gazette a notification of the receipt and particulars of the writ, and a copy of the proposed law or of the statement (if any) attached to the writ.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 9.
Action by Commonwealth Electoral Officers

SECT

9. The Commonwealth Electoral Officer for each State shall forthwith after the receipt of the copy of the writ-

(a) give notice of the receipt and particulars of the writ by advertisement in two or more newspapers circulating in the State, which notice shall include a copy of the proposed law or a copy of the statement (if any) attached to the writ; and

(b) cause copies of the proposed law or of the statement (if any) attached to the writ to be exhibited at Post Offices and Customs Houses in the State, and at such other places in the State as the Chief Electoral Officer directs; and

(c) forward a copy of the writ and of the proposed law or of the statement (if any) attached to the writ to each Divisional Returning Officer and Assistant Returning Officer.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 10.
Action by officers to carry writ into effect

SECT

10. Each Divisional Returning Officer and Assistant Returning Officer shall, subject to this Act, and to the directions of the Commonwealth Electoral Officer for the State, forthwith take all such steps as are necessary to be taken on his part to carry the writ into effect.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 10A.
Electors who may be admitted to vote at referendum

Inserted by No. 31, 1910, s. 2
Sub-section (1) substituted by No. 14, 1919, s. 4

SECT

10A. (1) At a referendum only those electors who would be entitled to vote if the referendum were an election shall be admitted to vote.


Omitted by No. 14, 1919, s. 4; added by No. 216, 1973, s. 3

SECT

(2) Nothing in this section entitles a person to vote if he is disqualified from voting.


Sub-section (3) omitted by No. 216, 1973, s. 3
* * * * * * * *

REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 11.
Voting on same day throughout Australia

SECT

PART III-VOTING AT THE REFERENDUM

11. The voting at the referendum shall, subject to this Act, be taken throughout Australia on the day appointed by the writ for taking the votes of the electors.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 12.
Polling places

Amended by No. 20, 1909, s. 4

SECT

12. The polling places appointed under the laws of the Commonwealth for the time being in force relating to Parliamentary elections shall be polling places for the purposes of the referendum.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 13.
One vote only

SECT

13. Each elector shall vote only once at any referendum.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 14.
Manner of voting

Substituted by No. 121, 1965, s. 2

SECT

14. The voting at a referendum shall be by ballot and each elector shall indicate his vote-

(a) if he approves the proposed law-by writing the word ''Yes'' in the space provided on the ballot-paper; or

(b) if he does not approve the proposed law-by writing the word ''No'' in the space so provided.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 14A.
Forms of ballot-paper

Inserted by No. 17, 1912, s. 6

SECT

14A. (1) The ballot-papers to be used for the purposes of a referendum may be in accordance with Form C in the Schedule.


Inserted by No. 23, 1926, s. 4; amended by No. 42, 1928, s. 4; No. 61, 1936, s. 2

SECT

(1A) For the purposes of voting pursuant to section ninety-one A of the Commonwealth Electoral Act 1918-1934, the ballot-papers to be used may be in the form prescribed by the regulations in relation thereto.


Substituted by No. 14, 1919, s. 5; amended by No. 23, 1926, s. 11; No. 42, 1928, s. 4; No. 61, 1936, s. 2

SECT

(2) For the purposes of voting under the regulations relating to absent voting made in pursuance of section one hundred and thirteen of the Commonwealth Electoral Act 1918-1934 the ballot-papers to be used for the purposes of a referendum may be in accordance with the forms prescribed by the regulations relating to absent voting.


Inserted by No. 14, 1919, s. 5; amended by No. 23, 1926, s. 11; No. 42, 1928, s. 4; No. 61, 1936, s. 2

SECT

(2A) For the purposes of voting under Part XII of the Commonwealth Electoral Act 1918-1934 the ballot-papers and the postal vote certificates to be used for the purposes of a referendum may be in accordance with the forms prescribed by the regulations relating to postal voting.


Inserted by No. 14, 1919, s. 5; amended by No. 23, 1926, ss. 4 and 11; No. 42,
1928, s. 4; No. 61, 1936, s. 2

SECT

(2B) For the purposes of voting in pursuance of section one hundred and twenty-one and section one hundred and twenty-one A of the Commonwealth Electoral Act 1918-1934 the ballot-papers to be used for the purposes of a referendum may be in accordance with the forms prescribed by the regulations in relation thereto.


Amended by No. 14, 1919, s. 5

SECT

(3) Where two or more referendums are held on the same day, it shall not be necessary for the forms of ballot-paper for each referendum to be on separate pieces of paper, but two or more forms of ballot-paper which may be used by any one elector may be on one piece of paper in accordance with Form D in the Schedule, in which case it shall not be necessary for the initials of the Divisional Returning Officer or of the presiding officer, as the case requires, or the official mark, to appear more than once on the piece of paper, and the presence of any mark or writing on the piece of paper by which the voter can be identified shall invalidate all the forms of ballot-paper and votes appearing on the piece of paper, but any other ground of informality shall only apply to the particular ballot-paper and vote to which it relates, and shall not affect the validity of any other ballot-paper or vote.*3*


(4) For the purposes of sub-section (3) the form of ballot-paper may be modified as prescribed, or a special form of ballot-paper may be prescribed, but so that each question shall be capable of being voted on separately, and so that no change be prescribed in the method of marking the votes on the ballot-papers.


*3* Ss. 14A (3) and 41; Sch., Form D-Form D is modified for the purposes of
sub-section 14A (3) by regulation 98A of the Electoral and Referendum
Regulations. Regulation 98A was inserted in those Regulations by regulation 1 of Statutory Rules 1974 No. 44.

REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 15.
Application of absent and postal voters' provisions

Substituted by No. 14, 1919, s. 6; amended by No. 23, 1926, ss. 5 and 11; No.
42, 1928, s. 4; No. 61, 1936, s. 2

SECT

15. Where the day fixed for the taking of the votes for the purposes of a referendum is the same as that fixed for the polling at an election-

(a) a declaration which suffices to enable an elector to vote-

(i) under the provisions of section ninety-one A, section one hundred and twenty-one or section one hundred and twenty-one A of the Commonwealth Electoral Act 1918-1934, or

(ii) as an absent voter for the purposes of the election

shall suffice to enable him to vote under the provisions of section ninety-one A, section one hundred and twenty-one or section one hundred and twenty-one A of the Commonwealth Electoral Act 1918-1934, or as an absent voter, as the case requires, for the purposes of the referendum;

(b) any reference in the declaration to the election shall be deemed to include a reference to the referendum;

(c) an application for a postal vote certificate and postal ballot-paper for the purposes of the election shall be deemed to include an application for a postal vote certificate and postal ballot-paper for the purposes of the referendum;

(d) a postal vote certificate for the purposes of the election shall be deemed to have effect as a postal vote certificate for the purposes of the referendum;

(e) any reference in the application or the certificate to the election shall be deemed to include a reference to the referendum; and

(f) a postal ballot-paper containing the vote of an elector at the referendum may be enclosed in the same envelope as that in which the postal ballot-paper containing the vote of the elector at the election is enclosed.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 15A.
Answers to questions

Substituted by No. 17, 1912, s. 8; amended by No. 14, 1919, s. 7; No. 23, 1926, s. 11; No. 42, 1928, s. 4; No. 61, 1936, s. 2

SECT

15A. Where the day fixed for the taking of the votes of the electors for the purposes of a referendum is the same as that fixed for the polling at an election, the answers by a person claiming to vote to the questions put to him in pursuance of section one hundred and fifteen of the Commonwealth Electoral Act 1918-1934 may be accepted as sufficient to enable him to vote for the purposes of the referendum, if they are satisfactory as regards the election, but the presiding officer may if he thinks fit, in addition to the questions prescribed by that section, put to the person claiming to vote the following question:

Have you already voted, either here or elsewhere, at this referendum? (or these referendums?-as the case may be),

and, if the person claiming to vote does not answer the question or admits that he has already voted at the referendum or referendums, shall refuse to allow him to vote.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 16.
Use of ballot-boxes and polling booths

SECT

16.*4* Where a referendum is held on the same day as an election the same ballot-boxes and polling booths may be used for the purposes of the referendum and the election but in that case the ballot-papers for the referendum shall be of a different colour to the ballot-papers for the election.


*4* S. 16-The application of section 16 is modified by the following Act
relating to the conduct of a poll to choose the tune for a national song:

REFERENDUM (CONSTITUTION ALTERATION) MODIFICATION ACT 1977

No. 23 of 1977

(Assented to 20 April 1977)
An Act to modify the application of section 16 of the Referendum (Constitution
Alteration) Act 1906

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title
1. This Act may be cited as the Referendum (Constitution Alteration)
Modification Act 1977.

Commencement
2. This Act shall come into operation on the day on which it receives the
Royal Assent.

Use of ballot-boxes and polling booths
3. Section 16 of the Referendum (Constitution Alteration) Act 1906 has effect
as if a reference in that section to an election included a reference to a poll
conducted by the Chief Australian Electoral Officer within 3 months after the
commencement of this Act for the purpose of choosing the tune for a national
song.

REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 17.
Appointment of scrutineers

Amended by No. 31, 1910, s. 2

SECT

17. The Governor-General, or any person authorized by him, may appoint one scrutineer at each polling place in each State and the Governor of a State or any person thereto authorized by him may appoint one scrutineer at each polling place in the State.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 18.
Ascertainment of result of submission

SECT

PART IV-SCRUTINY OF THE REFERENDUM

18. (1) The result of the referendum shall be ascertained by scrutiny.


Amended by No. 17, 1912, s. 9

SECT

(2) The Governor-General or any person authorized by him, may appoint one scrutineer at each place where the scrutiny is conducted in each Electoral Division and the Governor of a State or any person thereto authorized by him may appoint one scrutineer to be present at each place where the scrutiny is conducted in each Electoral Division for the State.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 19.
Conduct of scrutiny

Substituted by No. 14, 1919, s. 8; amended by No. 23, 1926, s. 6

SECT

19. The scrutiny shall be conducted in accordance with the following provisions:

(a) It shall commence as soon as practicable after the closing of the poll;

(b) such scrutineers as have been duly appointed pursuant to the preceding section, and any persons approved by the officer conducting the scrutiny may be present;

(c) all the proceedings at the scrutiny shall be open to the inspection of the scrutineers;

(d) the scrutiny may be adjourned from time to time as may be necessary until the counting of the votes is complete;

(e) each Assistant Returning Officer shall, in the presence of an Assistant Presiding Officer or a Poll Clerk, and of such authorized scrutineers as may attend, open all ballot-boxes received from polling places within or for that portion of the Division in which he exercises his powers; and

(f) the Divisional Returning Officer shall open all ballot-boxes not opened by an Assistant Returning Officer.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 20.
Action at scrutiny

Sub-section (1) amended by No. 17, 1912, s. 11

SECT

20. (1) At the scrutiny the following things shall be done:

(a) The ballot-papers in the ballot-boxes shall be taken out of the ballot-boxes and examined and shall either be allowed or rejected;

(b) all informal ballot-papers shall be rejected and their number recorded;

* * * * * * * *

SECT

(d) the votes on the allowed ballot-papers shall be counted and a record of them taken;

(e) when the counting is complete all the ballot-papers shall be made up into sealed parcels;

(f) each Assisting Returning Officer shall forthwith after completing the scrutiny of the ballot-papers in the ballot-boxes opened by him transmit to the Divisional Returning Officer the sealed parcels of ballot-papers together with a statement showing-

(i) the number of votes given in favour of the proposed law;

(ii) the number of votes given not in favour of the proposed law;

(iii) the number of ballot-papers rejected as informal.


Added by No. 17, 1912, s. 11

SECT

(2) All ballot-papers used for voting in pursuance of the regulations relating to absent voting shall be dealt with as prescribed by the regulations.


Added by No. 14, 1919, s. 9; amended by No. 23, 1926, ss. 7 and 11; No. 42,
1928, s. 4; No. 61, 1936, s. 2

SECT

(3) All ballot-papers used for voting in pursuance of Part XII of the Commonwealth Electoral Act 1918-1934 shall be dealt with as prescribed by that Part and the regulations relating to voting by post:

Provided that the ballot-papers used for voting in pursuance of section ninety-one A of the Commonwealth Electoral Act 1918-1934 shall be dealt with as prescribed by the regulations relating thereto.


Added by No. 14, 1919, s. 9; amended by No. 23, 1926, ss. 7 and 11; No. 42,
1928, s. 4; No. 61, 1936, s. 2

SECT

(4) All ballot-papers used for voting in pursuance of section one hundred and twenty-one and section one hundred and twenty-one A of the Commonwealth Electoral Act 1918-1934 shall be dealt with as prescribed by the regulations.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 20A.
Action on objection to ballot-papers

Inserted by No. 23, 1926, s. 8

SECT

20A. (1) If a scrutineer objects to a ballot-paper as being informal, the officer conducting the scrutiny shall mark the ballot-paper ''admitted'' or ''rejected'' according to his decision to admit or reject the ballot-paper.


(2) Nothing in this section shall prevent the officer conducting the scrutiny from rejecting any ballot-paper as being informal although it is not objected to.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 21.
Informal ballot-papers

Substituted by No. 17, 1912, s. 12
Sub-section (1) amended by No. 14, 1919, s. 10; No. 23, 1926, ss. 9 and 11; No. 42, 1928, ss. 3 and 4; No. 61, 1936, s. 2; No. 121, 1965, s. 3

SECT

21. (1) A ballot-paper, other than an absent voter's ballot-paper or a postal ballot-paper or a ballot-paper used for voting in pursuance of section ninety-one A, section one hundred and twenty-one or section one hundred and twenty-one A of the Commonwealth Electoral Act 1918-1934 shall be informal if-

(a) it is not authenticated by the initials of the presiding officer or by an official mark as prescribed; or

(b) it has no vote marked on it; or

(c) it has more than one vote marked on it; or

(d) it has upon it any mark or writing (not authorized by this Act or the regulations to be put upon it) by which, in the opinion of the Divisional Returning Officer or Assistant Returning Officer, the voter can be identified:

Provided that paragraph (d) shall not apply to any mark or writing placed upon the ballot-paper by an officer, notwithstanding that the placing of the mark or writing upon the ballot-paper is a contravention of this Act.


(2) An absent voter's ballot-paper shall be informal only on the grounds prescribed by the regulations relating to absent voting.


Inserted by No. 14, 1919, s. 10; amended by No. 23, 1926, s. 11; No. 42, 1928,
s. 4; No. 61, 1936, s. 2

SECT

(2A) A postal ballot-paper shall be informal only on the grounds prescribed by Part XII of the Commonwealth Electoral Act 1918-1934, and the regulations relating to postal voting.


Inserted by No. 14, 1919, s. 10; amended by No. 23, 1926, ss. 9 and 11; No. 42, 1928, s. 4; No. 61, 1936, s. 2

SECT

(2B) A ballot-paper used for voting in pursuance of section ninety-one A, section one hundred and twenty-one or section one hundred and twenty-one A of the Commonwealth Electoral Act 1918-1934 shall be informal only on the grounds prescribed by the regulations in relation thereto.


Inserted by No. 14, 1919, s. 10; amended by No. 23, 1926, ss. 9 and 11; No. 42, 1928, s. 4; No. 61, 1936, s. 2

SECT

(2C) A ballot-paper shall not be informal for any reason other than the reasons specified in this section, or, in the case of an absent voter's ballot-paper or a postal ballot-paper, or a ballot-paper used for voting in pursuance of section ninety-one A, section one hundred and twenty-one or section one hundred and twenty-one A of the Commonwealth Electoral Act 1918-1934, the grounds prescribed by the regulations, but shall be given effect to according to the voter's intention, so far as his intention is clear.


Amended by No. 93, 1966, s. 3

SECT

(3) Except as authorized by this Act or the regulations, an officer shall not place upon any ballot-paper any mark or writing which would enable any person to identify the voter by whom it is used.


Penalty: Twenty dollars.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 22.
Return of result of submission by Returning Officers

Amended by No. 17, 1912, s. 13

SECT

22. Each Divisional Returning Officer shall forthwith after he has counted the votes on the ballot-papers taken from the ballot-boxes opened by him and has received from each Assistant Returning Officer a statement showing the voting on the ballot-papers taken from the ballot-boxes opened by him, indorse on the copy of the writ a statement certifying in relation to the votes given at the polling-places in or for his Division-

(a) the number of votes given in favour of the proposed law;

(b) the number of votes given not in favour of the proposed law; and

(c) the number of ballot-papers rejected as informal;

and shall transmit the copy of the writ so indorsed to the Commonwealth Electoral Officer for the State.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 23.
Recount

Substituted by No. 17, 1912, s. 14

SECT

23. (1) At any time before indorsing his copy of the writ as provided for in section twenty-four, the Commonwealth Electoral Officer for the State may, if he thinks fit (and shall if so directed by the Chief Electoral Officer), direct any Divisional Returning Officer to make a recount of the ballot-papers contained in any parcel relating to his Division.


(2) The Chief Electoral Officer may, at the instance of the Governor-General or the Governor of a State, or of his own motion, direct a recount of any ballot-papers.


(3) The officer conducting a recount shall have the same powers as if the recount were the scrutiny, and may reverse any decision in relation to the scrutiny as to the allowance or admission or disallowance or rejection of any ballot-paper.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 23A.
Reservation of disputed ballot-papers

Inserted by No. 17, 1912, s. 15

SECT

23A. (1) At any recount the officer conducting the recount may, and at the request of any scrutineer shall, reserve any ballot-paper for the decision of the Commonwealth Electoral Officer for the State.


(2) The Commonwealth Electoral Officer for the State shall decide whether any ballot-paper reserved for his decision in pursuance of this section is to be allowed and admitted or disallowed and rejected.


(3) In the event of the validity of the referendum being disputed, the Court of Disputed Returns may consider any ballot-papers which were reserved for the decision of the Commonwealth Electoral Officer for the State, but shall not order any recount of the whole or any part of the ballot-papers in connexion with the referendum unless it is satisfied that such recount is justified.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 24.
Indorsement on writ by Commonwealth Electoral Officer

SECT

PART V-RETURN OF THE WRIT

24. Each Commonwealth Electoral Officer shall indorse on his copy of the writ a statement showing as regards his State-

(a) The number of votes given in favour of the proposed law;

(b) The number of votes given not in favour of the proposed law; and

(c) the number of ballot-papers rejected as informal;

and shall sign the statement, and shall transmit the copy of the writ so indorsed to the Chief Electoral Officer.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 25.
Return of writ

SECT

25. (1) The Chief Electoral Officer shall, forthwith after the indorsed copies of the writ have been transmitted to him by the Commonwealth Electoral Officers for the several States, indorse on the original writ a statement showing as regards each State and as regards the whole Commonwealth-

(a) the number of votes given in favour of the proposed law;

(b) the number of votes given not in favour of the proposed law; and

(c) the number of ballot-papers rejected as informal;

and shall sign the statement and shall return the writ with the statement indorsed thereon to the Governor-General.


(2) The Chief Electoral Officer shall publish a copy of the statement in the Gazette, and the statement so published shall, subject to this Act, be conclusive evidence of the result of the referendum.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 26.
Copies of return to Governors of the States

SECT

26. Copies of the statement indorsed on the writ shall be forwarded to the Governors of the several States.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 27.
Disputing validity of submission or return

SECT

PART VI-DISPUTED RETURNS

27. The validity of any referendum or of any return or statement showing the voting on any referendum may be disputed by the Commonwealth or by any State by petition addressed to the High Court.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 28.
Requisites of petition

Amended by No. 155, 1980, s. 14

SECT

28. The petition disputing a referendum, return, or statement must-

(a) set out the facts relied on to invalidate the referendum, return, or statement;

(b) contain a prayer asking for the relief to which the petitioner claims to be entitled;

(c) be signed by the Attorney-General of the Commonwealth for and on behalf of the Commonwealth or the Attorney-General of a State for and on behalf of the State; and

(d) be filed in the Registry of the High Court within forty days after the publication in the Gazette of the statement by the Chief Electoral Officer of the result of the voting.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 29.
Jurisdiction of High Court

SECT

29. The High Court shall have jurisdiction to entertain and to hear and determine the petition.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 30.
Notice of petition

SECT

30. Where the petition is filed by the Commonwealth the Attorney-General shall notify the Attorneys-General of the several States of the filing of the petition, and where the petition is filed by a State the Attorney-General of that State shall notify the Attorney-General of the Commonwealth and the Attorneys-General of the other States of the filing of the petition.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 31.
Joinder of parties

SECT

31. The High Court may on the application of the Commonwealth or of any State, order it to be joined as a party petitioning or responding as the case may be.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 32.
Procedure on petition

Amended by No. 216, 1973, s. 3

SECT

32. The procedure in relation to a petition disputing a referendum return or statement shall, subject to this Act, be as prescribed by Rules of Court or, in default of Rules of Court, as directed by the High Court.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 33.
Immaterial errors not to vitiate referendum

Amended by No. 23, 1926, s. 10

SECT

33. No referendum and no return or statement showing the voting on any referendum shall be avoided on account of any delay in relation to the taking of the votes of the electors or in relation to the making of any statement or return or on account of the absence or error of or omission by any officer which did not affect the result of the referendum:

Provided that where any elector was, on account of the absence or error of or omission by any officer, prevented from voting on a referendum, the Court shall not, for the purpose of determining whether the absence or error of or omission by the officer did or did not affect the result of the referendum, admit any evidence of the way in which the elector intended to vote.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 34.
Regulations

SECT

PART VII-MISCELLANEOUS

Heading substituted by No. 216, 1973, s. 3

SECT

34. The Governor-General may make regulations not inconsistent with this Act, prescribing all matters which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Heading omitted by No. 216, 1973, s. 3
* * * * * * * *

REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 35.
Return of expenses in connexion with the referendum

Substituted by No. 17, 1912, s. 16

SECT

35. (1) Every trades union, registered or unregistered, organization, association, league, or body of persons, which has, or person who has, within three months before the date of taking the vote at any referendum, in connexion with any referendum, expended any money or incurred any expense-

(a) in support of the proposed law submitted to the electors at the referendum; or

(b) in opposition to the proposed law submitted to the electors at the referendum,

shall in accordance with this section make a return of the money so expended or expense so incurred.


(2) Every trades union, registered or unregistered, organization, association, league, or body of persons, which has, and every person who has, within three months before the date of taking the vote at any referendum, in connexion with any referendum expended any money or incurred any expense in printing publishing or issuing advertisements or notices, or procuring the insertion in any newspaper of any advertisement article or report or matter, intended or calculated to affect the result of the referendum shall, in accordance with this section, make a return of the money so expended or expense so incurred.


(3) Where two or more referendums are being held on the same day the particulars as regards all the referendums may be included in one return.


(4) The return shall be in accordance with the prescribed form, and shall be signed and declared to before a justice of the peace by the president or chairman and the secretary or other officer of the trades union, registered or unregistered, organization, association, league, or body of persons or by the person concerned, and shall contain particulars of the money expended or expense incurred, and shall state whether such money was expended or expense incurred in support of or in opposition to the proposed law, and shall be filed with the Commonwealth Electoral Officer for the State in which the money was expended or expense incurred within twelve weeks after the result of the referendum has been declared.


(5) If any trades union, registered or unregistered, organization, association, league, or body of persons, satisfies the Chief Electoral Officer that it has in connexion with any referendum expended money or incurred expense in support of or opposition to the proposed law in all the States or in more than one State he may permit it to file with him, in lieu of any other return under this section, a return of the whole of the money expended or expense incurred by it in connexion with the referendum.


Amended by No. 93, 1966, s. 3

SECT

(6) If any trades union, registered or unregistered, organization, association, league, or body of persons, fails to comply with this section, every person who was an officer thereof at the time the money was expended or expense incurred shall be liable to a penalty of One hundred dollars.


Amended by No. 93, 1966, s. 3

SECT

(7) If any person fails to comply with this section he shall be liable to a penalty of One hundred dollars.


Amended by No. 14, 1919, s. 11; No. 93, 1966, s. 3

SECT

(8) Any person who wilfully makes an untrue statement in any return under this section shall be liable to a penalty of Two hundred dollars or to imprisonment for six months.


Amended by No. 14, 1919, s. 11; No. 93, 1966, s. 3

SECT

(9) The Chief Electoral Officer may, by notice in writing in the prescribed form, require the president or chairman and the secretary or other officer of any trades union, registered or unregistered, organization, association, league, body of persons, or any person, within such time, not being less than one month, as is specified in the notice, to make a return in accordance with this section of any money expended or expense incurred in respect of which a return is required to be made under sub-section (1) or sub-section (2) of this section and the president or chairman and secretary or other officer or person who neglects or refuses to comply with the notice shall be guilty of an offence and liable to a penalty not exceeding Two hundred dollars or to imprisonment for any period not exceeding six months.


(10) Every return filed in pursuance of this section shall, subject to the regulations, be open to public inspection.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 36.
Return by newspaper proprietors

Substituted by No. 17, 1912, s. 16
Sub-section (1) amended by No. 14, 1919, s. 12; No. 93, 1966, s. 3

SECT

36. (1) The proprietor or publisher of a newspaper published in the Commonwealth shall, in accordance with this section, make or cause to be made a return setting out the amount of matter in connexion with any referendum inserted in his newspaper within three months before the date of taking the vote at the referendum in respect of which payment was or is to be made, the space occupied by such matter, the amount of money paid or owing to him in respect of such matter, and the names and addresses of the trades unions, registered or unregistered, organizations, associations, leagues, bodies of persons, or persons authorizing the insertion thereof.


Penalty (on proprietor): Two hundred dollars.


(2) In this section ''matter'' means advertisements, articles, and other matter intended or calculated to affect the result of the referendum.


(3) Where two or more referendums are being held on the same day the particulars as regards all the referendums may be included in one return.


(4) The return shall be in accordance with the prescribed form, and shall be signed by the person making it and shall be declared to before a justice of the peace and shall be filed with the Commonwealth Electoral Officer for the State in which the newspaper is published within twelve weeks after the result of the referendum has been declared.


(5) Every return made in pursuance of this section shall, subject to the regulations, be open to public inspection.


Section 37 repealed by No. 216, 1973, s. 3
* * * * * * * *

REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 38.
Referendum papers to be post free

Inserted by No. 17, 1912, s. 16
Sub-section (1) amended by No. 56, 1975, s. 38

SECT

38. (1) Referendum papers provided for by this Act or the regulations may, subject to the regulations in force under the Postal Services Act 1975, be transmitted through the post free of charge.


(2) Referendum papers posted for transmission by post and properly addressed shall, in the absence of proof to the contrary, be deemed to have been duly received by the addressees thereof at the times when, in the ordinary course of post, they should have been so received.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 39.
Telegraphing matter

Inserted by No. 17, 1912, s. 16

SECT

39. In all cases where it is impracticable to communicate any referendum matter by post without occasioning undue delay, it may be communicated by telegraphic advice, and that advice communicated in the ordinary course shall suffice to the same extent as if the matter telegraphed had been communicated by serving or forwarding the actual matter.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 40.
Preservation of ballot-papers, &c.

Inserted by No. 17, 1912, s. 16; amended by No. 14, 1919, s. 14

SECT

40. All ballot-papers, certified lists of voters, and declarations used at or in connexion with a referendum shall be preserved as prescribed, until the referendum can be no longer questioned, when they shall be destroyed:

Provided that such ballot-papers, certified lists of voters and declarations shall be preserved for a period of at least six months from the date of the publication in the Gazette of a copy of the statement referred to in section twenty-five of this Act.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 41.
Alteration of Form C and Form D

Inserted by No. 17, 1912, s. 16
Sub-section (1) amended by No. 14, 1919, s. 15

SECT

41.*3* (1) Form C and Form D in the Schedule may from time to time be altered by the regulations.


Amended by No. 14, 1919, s. 15

SECT

(2) If Form C or Form D is altered by the regulations any reference in this Act to that form shall be deemed to be a reference to that form as so altered.


*3* Ss. 14A (3) and 41; Sch., Form D-Form D is modified for the purposes of
sub-section 14A (3) by regulation 98A of the Electoral and Referendum
Regulations. Regulation 98A was inserted in those Regulations by regulation 1 of Statutory Rules 1974 No. 44.

REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 42.
Construction of Part

SECT

PART VIII-REFERENDUM OFFENCES

Heading substituted by No. 216, 1973, s. 3
Inserted by No. 17, 1912, s. 17; amended by No. 14, 1919, s. 16; No. 23, 1926,
s. 11; No. 42, 1928, s. 4; No. 61, 1936, s. 2

SECT

42. The provisions of this Part of this Act shall be construed as being in addition to such of the provisions in Part XVII of the Commonwealth Electoral Act 1918-1934 as are applicable to a referendum.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 43.
Supply of meat, drink, or entertainment, &c.

Inserted by No. 17, 1912, s. 17; amended by No. 14, 1919, s. 17; No. 93, 1966,
s. 3

SECT

43. Any person who, after the issue of a writ for a referendum and before the votes have been taken in pursuance thereof, supplies to an elector any meat, drink, or entertainment, or horse or carriage hire with a view to influence his vote in connexion with the referendum shall be guilty of an offence.


Penalty: Four hundred dollars or imprisonment for one year.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 44.
Bribery

Inserted by No. 17, 1912, s. 17; amended by No. 14, 1919, s. 18; No. 93, 1966,
s. 3

SECT

44. Any person who gives, confers, or procures, or promises, or offers to give or confer, or to procure or attempt to procure, any money, property, or benefit or any kind, to upon or for any elector or any other person-

(a) in order to influence the elector in his vote in connexion with a referendum, or

(b) in order to induce the elector to refrain from voting at a referendum, or

(c) in order to induce the elector to support or oppose any proposed law for the alteration of the Constitution,

shall be guilty of an offence.


Penalty: Four hundred dollars or imprisonment for one year.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 45.
Receipt of bribe by elector

Inserted by No. 17, 1912, s. 17; amended by No. 14, 1919, s. 19; No. 93, 1966,
s. 3

SECT

45. Any elector who asks for, receives or obtains, or agrees or attempts to receive or obtain any money, property, or benefit of any kind, for himself or any other person upon the understanding that his vote in connexion with any referendum shall be influenced thereby, or shall be given in any particular manner, or that he will refrain from voting at any referendum, or that he will support or oppose any proposed law for the alteration of the Constitution, shall be guilty of an offence.


Penalty: Four hundred dollars or imprisonment for one year.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 46.
Undue influence

Substituted by No. 14, 1919, s. 20; amended by No. 93, 1966, s. 3

SECT

46. Any person who-

(a) threatens, offers or suggests any violence, injury, punishment, damage, loss or disadvantage to an elector or any other person-

(i) in order to influence the elector in his vote in connexion with a referendum;

(ii) in order to induce the elector to refrain from voting at a referendum; or

(iii) in order to induce the elector to support or oppose any proposed law for the alteration of the Constitution; or

(b) uses, causes, inflicts or procures any violence, injury, punishment, damage, loss or disadvantage towards, to or upon, any elector or any other person, for or on account of any such vote, refraining from voting, support or opposition,

shall be guilty of an offence.


Penalty: Four hundred dollars or imprisonment for one year.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 47.
Advertisements relating to referendum

Inserted by No. 17, 1912, s. 17

SECT

47. (1) Every advertisement, and every handbill or pamphlet, relating to a referendum and intended or calculated to affect the result thereof shall have the name and address of the person authorizing it at the end thereof, and every such advertisement (other than an advertisement in a newspaper), handbill, or pamphlet, if printed, shall in addition have printed thereon the name and place of business of the printer who printed it.


Amended by No. 93, 1966, s. 3

SECT

(2) Every person who prints or publishes or authorizes the printing or publication of any such advertisement, handbill, or pamphlet which does not comply with this section shall be guilty of an offence.


Penalty: Two hundred dollars.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 48.
Misleading advertisements, &c.

Inserted by No. 17, 1912, s. 17
Sub-section (1) amended by No. 93, 1966, s. 3

SECT

48. (1) Every person who-

(a) prints, publishes, or distributes any advertisement or document containing a representation of a ballot-paper, or any representation apparently intended to represent a ballot-paper, and having thereon any directions intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of his vote at a referendum, or

(b) prints, publishes, or distributes any advertisement or document containing any untrue or incorrect statement intended or likely to mislead or improperly interfere with any elector in or in relation to the casting of his vote at a referendum,

shall be guilty of an offence.


Penalty: Two hundred dollars.


(2) This section shall not prevent the printing, publishing, or distributing of any advertisement or document (not otherwise illegal) which contains instructions how to vote in favour of or against any proposed law submitted to the electors by a referendum, if those instructions are not intended or likely to mislead any elector in or in relation to the casting of his vote.


REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SECT. 49.
Misconduct at public meeting

Inserted by No. 17, 1912, s. 17
Sub-section (1) amended by No. 93, 1966, s. 3

SECT

49. (1) Any person who, at any public meeting to which this section applies, acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is held shall be guilty of an offence.


Penalty: Ten dollars.


(2) This section applies to any lawful public meeting held in relation to a referendum between the date of the issue of the writ for the referendum and the date of the return of the writ.


-----------------

REFERENDUM (CONSTITUTION ALTERATION) ACT 1906 - SCHEDULE

SCH

THE SCHEDULE


Forms A and B omitted by No. 20, 1909, s. 8
* * * * * * * *

SCH

----------

Substituted by No. 121, 1965, s. 4

SCH

FORM C

BALLOT-PAPER

Commonwealth of Australia

Referendum (Constitution Alteration) Act

State of (here insert name of State)

Submission to the Electors of a proposed Law for the alteration of the
Constitution.


DIRECTIONS: Mark your vote on this ballot-paper as follows:

If you APPROVE the proposed law, write the word Yes in the space provided
opposite the question.


If you DO NOT APPROVE the proposed law, write the word No in the space
provided opposite the question.


Do you approve the proposed law for the alteration of the Constitution
entitled (here set out the title of the proposed law)?

----------

Substituted by No. 121, 1965, s. 4

SCH

FORM D*3*

BALLOT-PAPERS

Commonwealth of Australia

Referendum (Constitution Alteration) Act

State of (here insert name of State)

Submission to the Electors of Proposed Laws for the alteration of the
Constitution.


1. Proposed law entitled (here set out the title of the proposed law).


DIRECTIONS: Mark your vote on this ballot-paper as follows:

If you APPROVE the proposed law, write the word Yes in the space provided
opposite the question.


If you DO NOT APPROVE the proposed law, write the word No in the space
provided opposite the question.


Do you approve the proposed law for the alteration of the Constitution entitled
(here set out the title of the proposed law)?

----------------------------------------

2. Proposed law entitled (here set out the title of the proposed law).


DIRECTIONS: Mark your vote on this ballot-paper as follows:

If you APPROVE the proposed law, write the word Yes in the space provided
opposite the question.


If you DO NOT APPROVE the proposed law, write the word No in the space
provided opposite the question.


Do you approve the proposed law for the alteration of the Constitution entitled
(here set out the title of the proposed law)?

----------

FORM E

Commonwealth of Australia

Writ for a Referendum

His Majesty the King

To the Chief Electoral Officer for the Commonwealth and to the Commonwealth
Electoral Officers for the several States and to all others whom it may concern:
Greeting:

We command you that you cause a proposed law entitled (here set out the title
of the proposed law and add ''a copy of which is attached hereto'' or ''a
statement of which is attached hereto'' as the case requires) to be submitted,
according to law, in each State to the Electors qualified to vote for the
election of Members of the House of Representatives: And we appoint the
following dates for the purposes of the said submission:

1. For taking the votes of the electors the day of
19 .


2. For the return of the writ on or before the day of
19 .


Witness (here insert Governor-General's title and the date)

Governor-General

By His Excellency's Command,

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*3* Ss. 14A (3) and 41; Sch., Form D-Form D is modified for the purposes of
sub-section 14A (3) by regulation 98A of the Electoral and Referendum
Regulations. Regulation 98A was inserted in those Regulations by regulation 1 of Statutory Rules 1974 No. 44.