Queensland Consolidated Acts

REFERENDUMS ACT 1997

- As at 20 September 2023 
- Act 11 of 1997 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Dictionary
   3.      Function of the commission

   PART 2 - WRIT FOR A REFERENDUM

   4.      Writ for a referendum
   5.      Writ by Governor
   6.      Form and content of writs
   7.      Attachment to writ
   8.      Commission to publish writ and prepare for referendum
   9.      Governor’s powers for referendum

   PART 3 - STATEMENTS OF ARGUMENTS

   10.     Purpose of part
   11.     When must an argument in favour of or against the Bill or question be published
   12.     How an argument for or against the Bill or question is distributed or published
   13.     More than 1 referendum on the same day
   14.     Limitation on expenditure by State

   PART 4 - VOTING AND CONDUCT OF REFERENDUMS

           Division 1AA - Preliminary

   14A.    Particular references relating to an electoral district

           Division 1 - Arrangements for referendums

   15.     Setting up and operating polling booths
   16.     Kinds of polling booths
   16A.    Pre-poll voting offices
   16B.    Suspension of poll
   17.     Adjournment of poll at polling booth
   17A.    Supply of electoral rolls and ballot papers
   18.     Form of ballot papers
   18A.    Ballot papers may be reproduced if required
   19.     Scrutineers
   20.     Correction of errors

           Division 2 - Who may vote at a referendum

   21.     Who may vote

           Division 3 - How voting takes place at a referendum

              Subdivision 1 - Ordinary voting

   22.     Procedure for voting
   23.     Help to enable electors to vote at polling booths
   24.     Help to enable electors to vote at hospitals

              Subdivision 1A - Pre-poll ordinary voting

   24A.    Pre-poll ordinary voting
   24B.    (Repealed)
   24C.    Procedure for pre-poll ordinary voting
   24D.    Help to enable electors to vote at pre-poll voting offices

              Subdivision 2 - Declaration voting

   25.     Who may make a declaration vote
   26.     Who must make a declaration vote
   27.     Ways in which an elector may make a declaration vote
   28.     Making a declaration vote at a polling booth
   29.     (Repealed)
   30.     Making a declaration vote using posted referendum papers
   31.     Electoral visitor voting
   32.     Making a declaration vote in cases of uncertain identity

              Subdivision 2A - Electronically assisted voting

   32A.    Who may make an electronically assisted vote
   32B.    Prescribed procedures for electronically assisted voting
   32C.    Audit of electronically assisted voting for a referendum
   32D.    Protection of information technology
   32E.    Electoral commissioner may decide electronically assisted voting is not to be used
   32F.    Review of electronically assisted voting

              Subdivision 3 - Marking of ballot papers

   33.     How electors must vote
   34.     Formal and informal ballot papers

              Subdivision 4 - Replacement ballot papers

   34A.    Replacement ballot paper issued at polling place
   34B.    Replacement ballot paper issued to postal voter

           Division 4 - Counting of votes

   35.     Votes to be counted in accordance with division
   36.     Preliminary processing of declaration envelopes and ballot papers
   36A.    Saving of ballot papers not in declaration envelopes
   37.     Preliminary and official counting of votes
   38.     Preliminary counting of ordinary votes
   39.     Official counting of votes
   40.     Objections by scrutineers
   41.     Recounting of votes
   41A.    Prescribed procedures for counting of absentee votes

           Division 5 - Notifying the results of a referendum

   42.     Notifying the results of a referendum
   43.     Return of writ for referendum
   44.     Notice of failure to vote
   45.     Payments for failure to vote
   46.     Storage of ballot papers and declaration envelopes

   PART 5 - DISPUTED RETURNS

           Division 1 - Disputing referendums

   47.     Referendum may be disputed under this part
   48.     Who may dispute the referendum
   49.     Requirements for an application to be effective
   50.     Copies of application to be given to clerk of the Parliament and commission
   51.     Application to court for order relating to documents etc.
   52.     Parties to application
   53.     How application is to be dealt with by court
   54.     Application for dismissal of application disputing referendum
   55.     Powers of the court
   56.     Restrictions on certain orders
   57.     Restriction on certain evidence and inquiries
   58.     Referendum not to be disputed because of minor defects or errors
   59.     Copy of final court orders to be sent to clerk of Parliament
   60.     Costs
   61.     Decisions and orders to be final etc.
   62.     Right of commission to have access to documents

           Division 2 - Appeals

   62A.    Appeal to Court of Appeal on question of law
   62B.    Time for appealing
   62C.    Commission is a party to appeal
   62D.    How appeal is dealt with by Court of Appeal
   62E.    Application for dismissal of appeal
   62F.    Copy of final court orders to be sent to clerk of Parliament
   62G.    Right of commission to have access to documents

   PART 6 - ENFORCEMENT

           Division 1 - Offences in general

   63.     Attempts taken to be offences
   64.     (Repealed)
   65.     (Repealed)
   66.     (Repealed)
   67.     (Repealed)
   68.     Improperly influencing commission
   69.     Interfering with referendum right or duty
   70.     (Repealed)
   71.     Wilful neglect etc. by commission staff

           Division 2 - Offences relating to referendum advertising

   72.     Author of referendum matter must be named
   73.     Headline to general referendum matter advertisements
   74.     Misleading electors

           Division 3 - Offences relating to voting etc.

   75.     Failure to vote etc.
   76.     Leave to vote
   77.     Canvassing etc. in or near polling places
   78.     Interrupting voting etc.
   79.     (Repealed)
   80.     Displaying referendum statements in certain places
   81.     (Repealed)
   82.     Offences relating to ballot papers
   83.     Failure to give, post or send documents for someone else
   84.     Secrecy of voting
   85.     Breaking seals on parcels
   86.     Duty of witness to signing of declaration voting papers

           Division 4 - Injunctions

   87.     Injunctions

   PART 7 - REFERENDUM HELD IN CONJUNCTION WITH PARTICULAR ELECTIONS

           Division 1 - Referendum held with election under Electoral Act 1992

   88.     Extension of time
   89.     Cut-off day for electoral rolls for an election and a referendum
   90.     (Repealed)
   91.     Use of ballot boxes, polling booths and electoral rolls
   92.     Mobile polling booths
   93.     Opening of ballot boxes
   94.     Applications, declarations, ballot papers and references
   95.     Record of ordinary voters
   95A.    Suspension of poll at both referendum and election
   96.     Adjournment at both referendum and election

           Division 2 - Referendum held with local government election

   96AA.   Application of division
   96AB.   Definitions for division
   96AC.   Application of division 1
   96AD.   Cut-off day for electoral rolls
   96AE.   Particular applications, declarations, ballot papers and references
   96AF.   Holding postal ballot election
   96AG.   Pre-poll voting
   96AH.   (Repealed)
   96AI.   Application of particular provisions of the LGEA

   PART 7A - RETURNS BY BROADCASTERS AND PUBLISHERS

   96A.    Returns by broadcasters
   96B.    Returns by publishers
   96C.    Combined returns
   96D.    Inspection and supply of copies of returns

   PART 8 - MISCELLANEOUS

   97.     How things are to be given to commission
   98.     How things are to be signed
   99.     Advertising of office addresses etc.
   100.    Regulation-making power

   PART 9 - TRANSITIONAL PROVISIONS

           Division 1 - Transitional provision for Electoral and Other Acts Amendment Act 2001

   101.    Transitional provision—petition disputing referendum

           Division 2 - Transitional provision for Constitution (Fixed Term Parliament) Referendum Act 2015

   102.    Application of s 11 for particular referendum
           SCHEDULE 1
           SCHEDULE 3