1998-99

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

REFERENDUM LEGISLATION AMENDMENT BILL 1999

EXPLANATORY MEMORANDUM

(Circulated with the authority of the Special Minister of State, 
Senator the Honourable Chris Ellison)

ISBN:  0642 391009

REFERENDUM LEGISLATION AMENDMENT BILL 1999

OUTLINE

The Bill contains measures which: 

•	allow the Government to expend money on proposed public information activities it has announced for the lead-up to the constitutional referenda in 1999;

•	allow the Australian Electoral Commission to expend money in relation to the printing, publication and distribution of the Yes/No case pamphlets by means other than post and to persons other than electors.

•	provide that where the Minister gives a written notice to the Electoral Commissioner, identifying two or more proposed laws, and referendums on two or more of the proposed laws are to be held on the same day, and the notice is given to the Electoral Commissioner at least 28 days before the issue of the writ;  then the ballot-papers for each of the referendums specified in the notice are to be printed on separate pieces of paper.  Further, for each of the referendums, the ballot-papers are to be of different colours, to be chosen by the Electoral Commissioner.

•	correct an error in section 36A in relation to voting outside the polling place. 

FINANCIAL IMPACT STATEMENT

The Government anticipates that an additional $19.5m will be expended on proposed public information activities; $4.5m for a neutral public education programme and $15m for Yes/No advertising campaigns conducted by committees drawn from the delegates to the Constitutional Convention.

It is estimated that the cost of having a separate ballot-paper for each question will be an additional $1.5m.

The costs associated with the wider distribution of the Yes/No case pamphlets will be absorbed by the Australian Electoral Commission.

NOTES ON CLAUSES

Clause 1 – Short title

1.	This clause provides for the Act to be cited as the Referendum Legislation Amendment Act 1999.

Clause 2 – Commencement 

2.	This clause provides that the Act will commence on the day on which it receives Royal Assent. 

Clause 3 – Schedule(s)

3.	This clause provides that the Act specified in the Schedule is amended or repealed as set out in the Schedule, and any other item in the Schedule has effect according to its terms.

Clause 4 – Commonwealth expenditure in connection with the 1999 republic proposal

4.	The Constitutional Convention met in February 1998 to consider whether Australia should become a republic, which republic model should be put to voters to consider against the present system of government, and in what timeframe any change might take place.  The Convention supported the adoption of a republic based on a ‘bipartisan appointment of the President model’ and recommended that the model, and other related changes supported by the Convention, be put to the people at a constitutional referendum.  

5.	The Convention also recommended that, prior to the referendum being put to the people, the Government undertake a public education programme directed to the constitutional and other issues relevant to the referendum.

6.	The Government has confirmed that it will put the Convention’s preferred model to a referendum in 1999 and support public information activities in relation to the referendum.

7.	This clause will ensure that expenditure by the Commonwealth on public information activities cannot result in a breach of the Referendum (Machinery Provisions) Act 1984 by temporarily over-riding the operation of subsection 11(4) of the Act in relation to the public information activities being undertaken especially for this referendum.  Subsection 11(4) currently imposes a limitation on expenditure by the Commonwealth on the presentation of arguments for and against a proposed law to alter the Constitution.

8.	This clause will over-ride the operation of subsection 11(4) only in relation to expenditure in respect of things done in 1999 in connection with: 

(a)	a referendum on a proposed law for the establishment of an Australian republic; or 
(b)	a referendum on a proposed law to insert a preamble into the Constitution.

Schedule 1 - Amendments

Referendum (Machinery Provisions) Act 1984

Item 1 – Distribution to electors of arguments for and against proposed law

9.	This clause repeals paragraphs 11(4)(a) and (aa) and substitutes new paragraphs 11(4)(a), (aa), (ab) and (ac) to provide that the Electoral Commission may expend money on a wider distribution of the Yes/No case pamphlets than is currently provided for.  The proposed amendment will allow for distribution of the Yes/No case pamphlets by post or by other means (ie. they may be distributed over the counter in Divisional and pre-poll voting offices and at overseas posts) and to persons other than electors (ie. to students and other interested parties who may not necessarily be electors).  These amendments will also allow for publication of the Yes/No case pamphlet on the Internet.

Items 2 and 3 – Forms of ballot-paper 

10.	These items amend subsection 25(2) and insert new subsection 25(3A) to provide that where the Minister gives a written notice to the Electoral Commissioner, identifying two or more proposed laws, and referendums on two or more of the proposed laws are to be held on the same day, and the notice is given to the Electoral Commissioner at least 28 days before the issue of the writ;  then the ballot-papers for each of the referendums specified in the notice are to be printed on separate pieces of paper.  Further, for each of the referendums, the ballot-papers are to be of different colours, to be chosen by the Electoral Commissioner.  The requirement that the notice be given 28 days before the issue of the writ is to allow time for the AEC to arrange for the necessary stocks of paper. 

Item 4 – Certain voters may vote outside the polling place

11.	This clause amends an incorrect reference in paragraph 36A(3)(b) to “candidates’ names”.  The effect of the amendment will be to require the polling official to fold the referendum ballot-paper so as to conceal the elector’s vote.