Skip to main
Australian Government
Federal Register of Legislation
Site navigation
Help and resources
Register
for My Account
Sign in
to My Account
Search
Home
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Referendum (Machinery Provisions) Act 1984
No. 44, 1984
In force
Administered by
Department of Finance
Latest version
View as made version
Order print copy
Save this title to My Account
Set up an alert
C2026C00258 C40
01 July 2026
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
3AA Meaning of referendum matter
3AAA Meaning of referendum expenditure
3A Extraterritorial operation of Act
3B Application to Crown
3C Application of the Criminal Code
4 Electors entitled to vote at a referendum
5 Australian Electoral Officer for the Australian Capital Territory
6 Assistant Returning Officers and Assistant Divisional Returning Officers
6A AEC staff may act as Divisional Returning Officers or Assistant Divisional Returning Officers
Collapse
Part II—Writ for a referendum
7 Writ for a referendum
8 Form of writ
9 Day for close of Rolls and voting day
10 Extension of time
11 Distribution to electors of arguments for and against proposed law
12 Governor-General to deal with writ
13 Action by Electoral Commissioner
14 Action by Electoral Officers
Collapse
Part III—Voting at a referendum
Collapse
Division 1—General
15 Voting on same day throughout Australia
16 Polling places
16A Undertaking by officers and scrutineers
17 Arrangements for voting
18 Substitute for presiding officer
19 Ballot-boxes
20 Separate voting compartments
21 Use of licensed premises as polling booth
22 Certified lists of voters
22A Approved list of voters
23 Election and referendum on the same day
24 Manner of voting
25 Forms of ballot paper
25A Official mark
25B Administrative markings
26 Ballot papers to be initialled
27 Appointment of scrutineers
28 Provisions relating to scrutineers
29 Voting at a referendum
30 Questions to be put to voter
31 Questions to be put to voter when election and referendum on the same day
32 Errors not to forfeit vote
33 Right of elector to receive ballot paper
34 List of voters to be marked when ballot paper issued
35 Vote to be marked in private
36 Assistance to certain voters
36A Certain voters may vote outside polling place
37 Provisional votes
38 Provisional enrolment by applicant for citizenship
39 Other general provisions about applications under section 38
40 Election and referendum on the same day
41 Spoilt ballot papers
41AA Discarded ballot papers
41AB Ballot-boxes opened before close of voting
41A Temporary suspension of polling
42 Adjournment of voting
43 Adjournment at both referendum and election
44 Adjourned voting
45 Compulsory voting
46 Where electors may vote, and absent voting
46AA Voting by designated electors at referendums
46A Forwarding of declaration votes
Collapse
Division 2—Mobile booths
47 Interpretation
48 Hospitals that are polling places
50 Provisions related to section 48
51 Mobile booths
52 Election and referendum on same day
Collapse
Part IV—Postal voting
53 Interpretation
54 Grounds of application for postal vote
55 Application for postal vote
56 Application forms for postal votes
58 Dispatch of postal voting papers to registered general postal voters
59 Election and referendum on the same day
61 Issue of certificate and ballot papers
62 Inspection of applications
62A Access to electronic list of postal vote applicants
62B Restriction on use or disclosure of information
65 Postal voting
66 Duty of authorised witnesses etc.
67 Procedure for dealing with postal vote certificates etc.
68 Opening of postal ballot paper
69 Failure to post or deliver postal vote application etc.
70 Inducing person to hand over marked ballot paper
71 Correction of formal errors
71AAA Envelopes that have formal errors
71AA Postal votes not to be rejected in certain circumstances
Collapse
Part IVA—Pre-poll voting
Collapse
Division 1—Introduction
71A Guide to this Part
Collapse
Division 2—General matters
72 Grounds of application for pre-poll vote
73 Pre-poll voting officers
73AA Pre-poll voting offices
73A Application for pre-poll vote
73B Place and time of application
73C Election and referendum on the same day
73CA Appointment of scrutineers
73CB Provisions relating to scrutineers
Collapse
Division 3—Voting by pre-poll ordinary vote
Collapse
Subdivision A—Preliminary
73CC Definitions
73CD Where is pre-poll ordinary voting available?
73CE Separate voting compartments
73CF Ballot-boxes
Collapse
Subdivision B—Voting by pre-poll ordinary vote
73CG When is a person entitled to vote by pre-poll ordinary vote?
73CI Questions to be put to voter
73CJ Right of voter to receive ballot paper
73CK Voter to mark vote on ballot paper
73CL Assistance to certain voters
73CM Voter not entitled to vote again etc.
Collapse
Subdivision C—Requirements relating to ballot-boxes
73CN Subdivision sets out requirements to be complied with
73CO Requirements to be complied with before first use of ballot-box
73CP Requirements to be complied with at end of each day of use of ballot-box
73CQ Requirements to be complied with before ballot-box used again on later day
73CR Forwarding of ballot-boxes for purposes of scrutiny
Collapse
Division 4—Voting by pre-poll declaration vote
73CS Persons to whom this Division applies
73D Pre-poll declaration voting
73E Form of pre-poll vote certificate for declaration voting
73F Record of issue of pre-poll voting papers
73H Opening of pre-poll voting envelope
73J Obligations of persons present when pre-poll vote cast
73K Correction of formal errors
Collapse
Part IVB—Electronically assisted voting
73L Definitions
73LA Entitlement of Antarctic electors to vote
73M Providing for voting by an electronically assisted voting method
73N There must be a record of who has voted using the electronically assisted voting method
73P There must be a record of the vote
73Q How this Act applies in relation to voting using the electronically assisted voting method
73QA Electoral Commissioner may decide that electronically assisted voting method is not to be used by sight-impaired persons
Collapse
Part VI—Scrutiny of a referendum
89 Ascertainment of result of referendum
89A Preliminary scrutiny of declaration votes
90 Conduct of scrutiny
91 Action at scrutiny
92 Action on objection to ballot papers
93 Informal ballot papers
94 Return of result of submission by Divisional Returning Officers
95 Recount
95A Notice of re-count
95B Conduct of re-count
96 Reservation of disputed ballot papers
Collapse
Part VII—Return of the writ
97 Statement by Australian Electoral Officers
98 Return of the writ
99 Copies of statement to Governors of the States etc.
Collapse
Part VIII—Disputed returns
100 Disputing validity of submission or return
101 Requisites of petition
102 Petition by Electoral Commission
103 Jurisdiction and powers of High Court
104 Inquiries by High Court
105 Notice of petition
106 Joinder of parties
107 Procedure on petition
107AA Court must make decision quickly
107A Provision for Court to have regard to certain rejected ballot papers
108 Immaterial errors not to invalidate referendum
108AA Referendum not affected by failure of delivery arrangement
108A Certain other matters not to invalidate referendum
109 Evidence that person not permitted to vote
109A Right of Electoral Commission to have access to documents
Collapse
Part VIIIA—Disclosure of referendum expenditure and gifts
Collapse
Division 1—Preliminary
109B Application of this Part
109C Determining amount or value of certain gifts
109D Entities that are not incorporated
Collapse
Division 2—Disclosure of referendum expenditure and gifts
109E Returns by referendum entities
109G Returns relating to gifts to referendum entities
Collapse
Division 2A—Expedited disclosure of referendum gifts
109GA Requirements for referendum entities
109GB Content of donation disclosure notices
109GC Electoral Commissioner must publish information
109GD Relationship with other laws
109GE No continuing contraventions
Collapse
Division 3—Requirements relating to foreign donor gifts
109H Object of this Division
109J Gifts provided for the purposes of incurring referendum expenditure etc.
Collapse
Division 4—Referendum expenditure by foreign campaigners
109K Objects of this Division
109L Prohibition on foreign campaigner incurring referendum expenditure or fundraising for that purpose
Collapse
Division 5—Other matters
109M Anti-avoidance
109N Electoral Commission may obtain information and documents from persons
109P Copies of documents
109Q Retention of documents
109R Debts due to the Commonwealth
109S Contravening an offence provision or a civil penalty provision
109T Recovery of payments
109U Keeping records
109V Inability to complete returns or donation disclosure notices
109W Non-compliance with Part does not affect referendum
109X Amendment of returns and donation disclosure notices
109Y Report by Electoral Commission
109Z Certain particulars not to be included in reports
109ZA Implied freedom of political communication
Collapse
Part IX—Authorisation of referendum matter
Collapse
Division 1—Preliminary
110A Definitions
110B Objects of this Part
Collapse
Division 2—Authorisation of certain referendum matter
110C Authorisation of certain referendum matter
110CA Prohibition on foreign campaigners authorising referendum matter
110D Extended geographical application of section 110C and 110CA
Collapse
Division 3—Information-gathering powers
110E Electoral Commissioner may obtain information and documents from persons
110F Copies of documents
110G Retention of documents
Collapse
Part X—Offences
116 Officers and scrutineers to observe secrecy
117 Officers not to contravene Act etc.
118 Officers not to influence vote
118A Influencing votes of hospital patients etc.
119 Bribery
120 Interference with political liberty
122 Misleading or deceptive publications etc.
123 False statements in relation to Rolls
126 Cards in polling booth
127 Signature to referendum paper
128 Witnessing referendum papers
129 Marks on ballot papers
130 Other offences relating to ballot papers etc.
130A Officers not to interfere with etc. ballot-boxes or ballot papers
131 Prohibition of certain behaviour near polling booths and pre-poll voting places
132 Badges or emblems in polling booths
133 Employers to allow employees leave of absence to vote
134 Misconduct at public meeting
135 Control of behaviour at polling booths etc.
Collapse
Part XI—Miscellaneous
136A Extension of time for acts by officers
138 Delegation by Electoral Commissioner
139 Injunctions
140 Prosecution of offences
140AAA Application of Regulatory Powers Act
140A Effect of averment by prosecutor
140AA Evidence of authorship or authorisation of material
140B Service of process by mail
141 Referendum papers received by post
142A Preservation of documents
143 No referendum or vote of a State or Territory to be held on voting day
144 Regulations
144A Modifications by legislative instrument in the event of an emergency
145 Repeal
Schedule 1—Forms
Schedule 2—Repealed Acts
Schedule 3—Grounds of application for postal or pre-poll vote
Schedule 4—Rules for the conduct of a preliminary scrutiny of declaration votes
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
