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COMMUNITY-BASED REFERENDUM BILL 1999

       Queensland




 COMMUNITY-BASED
REFERENDUM BILL 1999

 


 

 

Queensland COMMUNITY-BASED REFERENDUM BILL 1999 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Words used in this Act and in Referendums Act . . . . . . . . . . . . . . . . . . . . . 6 4 Multiple proposals sponsored by the same committee . . . . . . . . . . . . . . . . . 6 5 Function of the commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2--LEGISLATIVE PROPOSALS Division 1--Gaining community support 6 Establishment of sponsoring committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Submission of initiating request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Approval of initiating request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Registration of proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Form of popular request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Submission of popular request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Requirements of popular request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Cancellation of registration on cessation of committee . . . . . . . . . . . . . . . . 12 Division 2--Proposed laws 14 Preparation of proposed laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 15 Parliamentary counsel's certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 16 Presentation to the Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 Failure to prepare proposed law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 18 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 19 Submission to referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

 


 

2 Community-Based Referendum 20 Legislative Assembly may refer proposed law to referendum . . . . . . . . . . . 17 21 Estimates of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 22 Auditor-General's report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 23 Publication of estimates and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 24 Special community consultation days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 PART 3--REFERENDUMS 25 Arguments for and against proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 26 Dissemination of estimates of costs and publication of arguments . . . . . . . 21 27 Appointment of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 28 Form of ballot paper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 29 Recounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 30 Result of referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 31 Declaration of result of referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART 4--ENACTMENT OF LAWS 32 Enactment of proposed law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART 5--OFFENCES 33 Harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 34 Misrepresenting sponsoring committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 35 Misrepresentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 36 Improper use of information on popular requests . . . . . . . . . . . . . . . . . . . . . . 27 37 Offences relating to initiating requests and popular requests . . . . . . . . . . . . 27 PART 6--ADMINISTRATIVE PROVISIONS Division 1--Review 38 Review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 39 Supreme Court to deal with matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 2--Sponsoring committees 40 Change in membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 41 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 42 Cessation of existence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 43 Contact officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 44 Vacancy in office of contact officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 45 Notice of contact officer's appointment or change of address . . . . . . . . . . . 32

 


 

3 Community-Based Referendum Division 3--Popular request circulators and processing popular requests 46 Appointment and functions of popular request circulators . . . . . . . . . . . . . . 33 47 Functions of popular request circulators . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 48 Counting of signatories to popular requests . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 4--Register 49 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 PART 7--MISCELLANEOUS 50 Electoral commissioner may take legal advice . . . . . . . . . . . . . . . . . . . . . . 37 51 Substantial compliance with some time requirements sufficient . . . . . . . . 37 52 Expenditure of public money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 53 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 54 Property in popular requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 55 Effect of this Act and proposed law approved by the electors . . . . . . . . . . . 38 56 Application of the Referendums Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 57 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 58 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 PART 8--AMENDMENT OF CONSTITUTION ACT 1867 59 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 60 Amendment of s 2 (Legislative Assembly constituted) . . . . . . . . . . . . . . . . 39 61 Amendment of s 2A (The Parliament) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 62 Amendment of s 53 (Certain measures to be supported by referendum) . . 40 63 Insertion of new hdg and s 53A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 COMMUNITY REFERENDUMS 53A Community referendums on proposed laws . . . . . . . . . . . . . . . . . . . . 40 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 42 NOTICE OF REGISTRATION OF LEGISLATIVE PROPOSAL SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 43 FORM OF POPULAR REQUEST SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 44 SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 46 DICTIONARY

 


 

 

1999 A BILL FOR An Act to enable the people of Queensland to initiate and vote on legislative proposals

 


 

s1 6 s5 Community-Based Referendum The Parliament of Queensland enacts-- 1 ART 1--PRELIMINARY 2 P title 3 Short 1. This Act may be cited as the Community-Based Referendum Act 1999. 4 5 Dictionary 2. The dictionary in schedule 4 defines particular words used in this Act. 6 used in this Act and in Referendums Act 7 Words 3. Words used in this Act have the same meaning as in the Referendums 8 Act 1997. 9 proposals sponsored by the same committee 10 Multiple 4. If a group of electors becomes established under section 6 as a 11 sponsoring committee for a legislative proposal and, at the same or a later 12 time, the commission accepts under that section the lodgment of an 13 establishment notice by or on behalf of that group for another legislative 14 proposal, the group of electors is to be taken, under this Act, to be a separate 15 sponsoring committee for each legislative proposal. 16 of the commission 17 Function 5. The commission has the continuing function of performing the duties 18 under this Act and of making appropriate administrative arrangements for 19 this Act. 20

 


 

s6 7 s6 Community-Based Referendum PART 2--LEGISLATIVE PROPOSALS 1 1--Gaining community support 2 Division of sponsoring committee 3 Establishment 6.(1) Twelve electors proposing to present an initiating request may, by 4 unanimous resolution, agree to form themselves into the sponsoring 5 committee for the legislative proposal that is to be the subject of the request. 6 (2) For this Act, a sponsoring committee comes into existence when the 7 commission accepts the lodgment, by or on behalf of a group of electors 8 mentioned in subsection (1), of a notice in the approved form 9 ("establishment notice") that contains the following-- 10 (a) a statement that the persons named in the notice have agreed to 11 form themselves into a sponsoring committee for this Act for the 12 legislative proposal described in the notice; 13 (b) the names and addresses of the persons; 14 (c) their signatures; 15 (d) the name of the contact officer for the committee; 16 (e) a description, in no more than 100 words, of the main objects 17 sought to be achieved by the legislative proposal; 18 (f) a short title indicative of the objects of the legislative proposal. 19 (3) If the commission is satisfied that-- 20 (a) a document submitted under subsection (2) complies with the 21 subsection; and 22 (b) the objects sought to be achieved by the proposal are capable of 23 being put into effect by legislation of the Parliament; 24 it must accept the lodgment of the establishment notice by publishing in the 25 gazette a notice of its acceptance. 26 (4) A notice published under subsection (3) must include-- 27 (a) a copy of the description of the legislative proposal set out in the 28 establishment notice; and 29

 


 

s7 8 s8 Community-Based Referendum (b) the name and address of the contact officer. 1 (5) If the commission does not accept the lodgment of a document under 2 subsection (3), it must give to the person who has submitted it a statement 3 of reasons for refusing to accept it. 4 (6) A contravention of subsection (5) does not affect the validity of a 5 decision mentioned in that subsection. 6 of initiating request 7 Submission 7. A contact officer may, for the sponsoring committee by which the 8 contact officer has been appointed, submit to the commission a request that 9 seeks registration of a legislative proposal described in the establishment 10 notice lodged by the sponsoring committee. 11 of initiating request 12 Approval 8.(1) The commission must approve an initiating request if satisfied-- 13 (a) it relates to the legislative proposal set out in the establishment 14 notice lodged by the sponsoring committee for which the request 15 has been lodged; and 16 (b) there is set out on each page of the document that makes up the 17 request-- 18 (i) the description of the legislative proposal set out in the 19 establishment notice; and 20 (ii) a short title indicative of the objects of the legislative 21 proposal; and 22 (iii) the name and address of each member of the sponsoring 23 committee; and 24 (c) it contains-- 25 (i) the full names, addresses and dates of birth of not less than 26 400 electors who have signed the request; and 27 (ii) the date on which each elector signed the request. 28

 


 

s9 9 s 10 Community-Based Referendum (2) For subsection (1)(c), the commission may be satisfied that not less 1 than 400 signatories to an initiating request are electors, if they declare they 2 are electors and sign their names before a justice of the peace or before an 3 elector authorised in writing by the contact officer of the sponsoring 4 committee, who certifies that he or she is satisfied as to their identity, and 5 the means by which he or she is so satisfied. 6 (3) For this section, a person is taken to be an elector if the person was an 7 elector when he or she signed the initiating request. 8 (4) The sponsoring committee may consult with the commission and 9 may make the changes to the title and description of the proposed law that 10 will enable it to be registered. 11 (5) If, after being asked to approve an initiating request, the commission 12 decides not to approve the request, the commission must give the applicant 13 a statement of reasons about the decision. 14 (6) The commission may decline to approve an initiating request if it 15 deals with 2 or more subjects that are not directly or indirectly related. 16 of proposal 17 Registration 9. On approving an initiating request, the commission must-- 18 (a) register the legislative proposal in the terms set out in the request; 19 and 20 (b) publish in the gazette a notice in accordance with the notice set out 21 in schedule 1. 22 of popular request 23 Form 10. An elector may address to the commission a popular request, 24 substantially in accordance with the form set out in schedule 2, that the 25 people of Queensland be permitted to decide by referendum whether the law 26 of Queensland should be altered in accordance with a registered legislative 27 proposal set out in the popular request. 28

 


 

s 11 10 s 12 Community-Based Referendum of popular request 1 Submission 11.(1) A popular request must be signed within 12 clear months after the 2 date of the publication in the gazette of the notice of registration of the 3 relevant registered legislative proposal under section 9(b). 4 (2) A popular request submitted later than 1 month after the end of the 5 period mentioned in subsection (1) must be disregarded for this division. 6 of popular request 7 Requirements 12.(1) The commission, on being satisfied the popular requests received 8 for a registered legislative proposal bear the signatures of not less than the 9 required number of electors, must, as soon as practicable, publish in the 10 gazette a notice stating-- 11 (a) the registered legislative proposal set out in the notice has been 12 supported by the required number of electors; and 13 (b) a proposed law that gives effect to the objects of the registered 14 legislative proposal may, in accordance with this Act and the 15 Referendums Act 1997, be put to a referendum. 16 (2) The commission, on being satisfied that the popular requests received 17 for a registered legislative proposal set out in a notice published under 18 subsection (1) bear the signatures of not less than 5% of the number of 19 electors who were entitled to vote at the preceding general election of 20 members of the Legislative Assembly, must, as soon as practicable, publish 21 in the gazette a further notice stating-- 22 (a) the registered legislative proposal set out in the notice has been 23 supported by that number of electors; and 24 (b) the proposal is a qualified legislative proposal. 25 (3) The commission may be satisfied for subsection (1) or (2) if, having 26 checked a sample of not less than 1 000 signatories chosen at random from 27 the signatories to popular requests notified to it by the contact officer as 28 signatories to the popular request, and having applied an appropriate 29 statistical method to the sample, it is satisfied it is reasonable to conclude 30 that the number of signatories to the popular requests who are electors 31 would be not less than the required number or the number specified in 32 subsection (2), as the case requires. 33

 


 

s 12 11 s 12 Community-Based Referendum (4) The commission must notify in writing the contact officer of the 1 sponsoring committee of the publication of a notice under subsection (1) or 2 (2). 3 (5) If the commission is not satisfied that the popular requests received 4 for a registered legislative proposal under this division amount to the 5 required number, the commission must-- 6 (a) cancel the registration of the legislative proposal; and 7 (b) publish in the gazette notice of the cancellation; and 8 (c) give a statement of reasons about the publication to the person 9 who last held the office of contact officer of the sponsoring 10 committee, and to each other member of the sponsoring 11 committee. 12 (6) For this section, a person is taken to be an elector if the person was an 13 elector when he or she signed the popular request. 14 (7) A signatory to an initiating request is taken to be a signatory to the 15 relevant popular request. 16 (8) A signatory may be counted only once as a signatory to a popular 17 request for any purpose. 18 (9) A signatory who gives an initial or initials of his or her given names 19 and his or her surname must be counted if the signatory gives a date of birth 20 that agrees with that shown on the electoral roll. 21 (10) For this part, a person who signs a popular request-- 22 (a) whose name does not appear on an electoral roll for the State; or 23 (b) whose date of birth, if given, does not agree with that shown on 24 an electoral roll for the State; or 25 (c) whose name has not been notified by the contact officer to the 26 commission as appearing to be the name of an elector; 27 is taken not to be a signatory to the popular request for any purpose. 28 (11) Sponsoring committees for popular requests may, through their 29 respective contact officers, notify the commission in writing that the 30 signatories to their respective popular requests are to be taken to be 31 signatories to the 1 popular request for the proposed law in relation to those 32 objects that are common to the popular requests. 33

 


 

s 13 12 s 13 Community-Based Referendum (12) On the notification, the signatories are taken to be signatories to the 1 1 popular request for the proposed law in relation to those objects. 2 (13) Where a sponsoring committee through its contact officer gives 3 written notice to the commission that the registered legislative proposal set 4 out in the popular request appears to be supported by the required number 5 of signatories, or the number of signatories mentioned in subsection (2), as 6 the case may be, the commission must, as soon as reasonably practicable 7 after receiving the notice, satisfy itself whether the popular requests have 8 been so supported. 9 (14) In this section-- 10 "popular request" does not include a request that is required to be 11 disregarded under this division. 12 "required number" means 2% of the number of electors who were 13 entitled to vote at the preceding general election of members of the 14 Legislative Assembly ("eligible electors"), which number must 15 include 2% of the number of eligible electors in each of a majority of 16 electoral districts of the State. 17 of registration on cessation of committee 18 Cancellation 13.(1) The commission must cancel the registration of a registered 19 legislative proposal if, before a copy of a proposed law that gives effect to 20 the objects of the proposal is given to the Speaker under section 16(1), the 21 commission is satisfied that the relevant sponsoring committee has ceased 22 to exist. 23 (2) For subsection (1), the commission may be satisfied a sponsoring 24 committee has ceased to exist if the commission has given to the contact 25 officer, and to each other member of the sponsoring committee, written 26 notice of the commission's intention to cancel the registration of the 27 registered proposal under subsection (1) and-- 28 (a) no response has been received within 1 month of the date of the 29 notice; or 30 (b) from the responses received it is reasonable to conclude that the 31 committee has ceased to exist. 32

 


 

s 14 13 s 14 Community-Based Referendum (3) If the commission decides to cancel a registration under 1 subsection (1), the commission must give a statement of reasons for the 2 decision to the person who appears to the commission to be the person who 3 last held the office of contact officer of the sponsoring committee, and to 4 each other member of the sponsoring committee. 5 Division 2--Proposed laws 6 of proposed laws 7 Preparation 14.(1) If a notice in relation to a popular request has been published under 8 section 12(1), the sponsoring committee for the registered legislative 9 proposal may prepare a proposed law that gives effect to the objects of the 10 proposal. 11 (2) On written application made by a sponsoring committee through its 12 contact officer, the parliamentary counsel must make available to the 13 committee the services of a drafting officer to enable the committee to 14 prepare a proposed law. 15 (3) The proposed law must be prepared as soon as reasonably practicable 16 after publication of the notice under section 12(1), and within sufficient time 17 to enable its submission to referendum on the first community consultation 18 day that next occurs. 19 (4) A prepared proposed law must include the transitional, machinery 20 and ancillary provisions appropriate to give effect to its objects. 21 (5) A proposed law may, on the instructions of the sponsoring 22 committee through its contact officer, provide for the submission to 23 referendum of 1 or more provisions of a proposed law, separately or in the 24 alternative. 25 (6) The heading and questions to appear on the ballot paper must be 26 prepared by the drafting officer on the instructions of the sponsoring 27 committee through its contact officer. 28 (7) The drafting officer must consult with the parliamentary counsel 29 about compliance of the proposed law with the requirements of this Act. 30

 


 

s 15 14 s 16 Community-Based Referendum counsel's certificate 1 Parliamentary 15.(1) If a sponsoring committee has prepared a proposed law, its contact 2 officer may apply in writing to the parliamentary counsel for a certificate 3 that the proposed law is consistent with the registered legislative proposal 4 sponsored by the committee and is suitable for presentation to the electors 5 on a community consultation day. 6 (2) The parliamentary counsel must not give a certificate under this 7 section unless he or she is satisfied the proposed law-- 8 (a) is consistent with the objects of the registered legislative proposal; 9 and 10 (b) is in a form suitable for presentation to the Legislative Assembly. 11 to the Legislative Assembly 12 Presentation 16.(1) If the parliamentary counsel gives a certificate under section 15, 13 the contact officer of the sponsoring committee for the relevant proposed 14 law may give to the Speaker-- 15 (a) the certificate; and 16 (b) a copy of the proposed law; and 17 (c) a written presentation speech; and 18 (d) an explanatory memorandum about the proposed law. 19 (2) The Speaker must-- 20 (a) table the documents mentioned in subsection (1) in the Legislative 21 Assembly on the first sitting day after receiving them; and 22 (b) notify the commission of the tabling of the documents, and give 23 the commission a copy of the documents; and 24 (c) give a copy of the documents to the responsible Minister and ask 25 the Minister to prepare and publish estimates of costs under 26 section 21. 27

 


 

s 17 15 s 18 Community-Based Referendum to prepare proposed law 1 Failure 17. If a copy of a proposed law that gives effect to the objects of a 2 registered legislative proposal is not tabled in the Legislative Assembly 3 under section 16(2) before the holding of the general election of members of 4 the Assembly that next occurs after the publication of the notice under 5 section 12(1) that relates to the proposal, the registration of the proposal is, 6 by force of this section, cancelled. 7 mendments 8 A 18.(1) A reference in this section to a proposed law must be read as a 9 reference to a proposed law a copy of which has been tabled in the 10 Legislative Assembly under section 16(2). 11 (2) The sponsoring committee may prepare an amendment of a proposed 12 law. 13 (3) On written application made by a sponsoring committee through its 14 contact officer, the parliamentary counsel must make available to the 15 committee the services of a drafting officer to enable the committee to 16 prepare an amendment of a proposed law. 17 (4) If the sponsoring committee has prepared an amendment to a 18 proposed law, its contact officer may apply in writing to the parliamentary 19 counsel for a certificate under section 15 and, if an application is made, that 20 section applies in relation to the application as if the references in the section 21 to the proposed law were references to the proposed law as affected by the 22 amendment. 23 (5) If, on or before the last sitting day of the Legislative Assembly, from 24 the contact officer of the relevant sponsoring committee, the Speaker 25 receives a copy of an amendment of a proposed law and the parliamentary 26 counsel's certificate in relation to the proposed law as affected by the 27 amendment, the Speaker must-- 28 (a) table the certificate and the copy of the amendment, with an 29 amended presentation speech and explanatory note, in the 30 Legislative Assembly on that day or on the first sitting day after 31 receiving them; and 32 (b) notify the commission of the tabling and give the commission a 33 copy of the certificate and the amendment; and 34

 


 

s 19 16 s 19 Community-Based Referendum (c) give a copy of the amendment to the relevant Minister and ask the 1 Minister to prepare and publish estimates of costs under 2 section 21 in relation to the proposed law as affected by the 3 amendment. 4 (6) The relevant Minister is not required to prepare and publish further 5 estimates of costs if it appears to the Minister that the estimates of costs 6 previously given would not be significantly affected by the amendment. 7 (7) A proposed law is amended when-- 8 (a) a copy of the amendment and the further parliamentary counsel's 9 certificate; and 10 (b) an amended presentation speech and explanatory memorandum 11 (if presented by the contact officer of the sponsoring committee); 12 are tabled in the Legislative Assembly under subsection (5). 13 (8) If a proposed law has been amended under this section-- 14 (a) a reference in this Act to the proposed law may, if the context 15 permits, be read as a reference to the proposed law as so 16 amended; and 17 (b) in any reprint or reproduction of the proposed law, the proposed 18 law must be reprinted or reproduced as amended; and 19 (c) in a reprint or reproduction of the presentation speech and 20 explanatory note, the presentation speech and explanatory note 21 must be reprinted or reproduced as amended. 22 to referendum 23 Submission 19.(1) Subject to subsection (2), the commission must submit a 24 proposed law a copy of which has been tabled in the Legislative Assembly 25 under section 16(2) or 18(5) to a referendum of electors on the first 26 community consultation day that next occurs. 27 (2) The commission must not submit a proposed law to referendum if, 28 before the holding of the referendum, the commission receives from the 29 Attorney-General written advice that the Parliament has enacted a law that 30 gives effect to the objects of the proposed law. 31

 


 

s 20 17 s 20 Community-Based Referendum (3) A sponsoring committee may, through its contact officer, apply to the 1 Supreme Court for a declaration that a substantive provision or provisions 2 of a proposed law have not been enacted by the Parliament. 3 (4) If the Supreme Court makes a declaration that a substantive provision 4 or provisions of the proposed law have not been given effect by enactment 5 of the Parliament, a proposed law giving effect to the substantive provisions 6 of the proposed law not enacted by the Parliament must be presented to the 7 electors on the next community consultation day. 8 (5) On written application made by a sponsoring committee through its 9 contact officer, the parliamentary counsel must make available to the 10 committee the services of a drafting officer to enable the committee to 11 prepare a proposed law about the substantive provision or provisions, and 12 sections 15 and 16 apply to the proposed law. 13 Assembly may refer proposed law to referendum 14 Legislative 20.(1) This section applies to a proposed law, other than a proposed law a 15 copy of which has been tabled in the Legislative Assembly under 16 section 16(2). 17 (2) The Legislative Assembly may, before deciding whether or not to 18 enact a proposed law to which this section applies, resolve to refer it to a 19 referendum of electors. 20 (3) If the Legislative Assembly passes a resolution under subsection (2), 21 the Speaker must-- 22 (a) notify the commission in writing of the decision and give the 23 commission a copy of the proposed law; and 24 (b) give a copy of the proposed law to the relevant Minister and ask 25 the Minister to prepare and publish estimates of costs under 26 section 21. 27 (4) Subject to subsection (5), the commission must submit a proposed 28 law that has been the subject of a resolution under subsection (2) to a 29 referendum of electors on a community consultation day. 30 (5) The commission must not submit a proposed law to which this 31 section applies to a referendum if, before the holding of the referendum-- 32 (a) the Legislative Assembly revokes the relevant resolution; or 33

 


 

s 21 18 s 21 Community-Based Referendum (b) the commission receives from the Attorney-General written 1 advice that the Legislative Assembly has enacted a law that gives 2 effect to the objects of the proposed law. 3 of costs 4 Estimates 21.(1) As soon as practicable after receiving from the Speaker a 5 notification under section 16(2)(c), 18(5)(c) or 20(3)(b), the relevant 6 Minister and the contact officer must prepare and deliver to the commission 7 estimates under this section of the reasonable costs and savings to the State 8 of the implementation of the proposed law. 9 (2) In this section, a reference to costs or savings is to be read as a 10 reference to-- 11 (a) the net costs or savings that are of capital or a capital nature; and 12 (b) the net annual operating cost or savings. 13 (3) In preparing an estimate under this section, the relevant Minister and 14 the contact officer-- 15 (a) must assume the proposed law is to commence on 1 July 16 immediately after receipt of the notification from the Speaker; and 17 (b) must estimate the costs of, or savings in, the implementation of 18 the proposed law during the financial year commencing on that 19 date and each of the 2 following financial years. 20 (4) If the relevant Minister or the contact officer consider it advisable to 21 do so for better informing the community, the Minister or officer may 22 prepare and publish estimates in the form of a statement of the highest and 23 lowest reasonably estimated amounts of a cost or saving. 24 (5) The relevant Minister and the contact officer must prepare, for a 25 calculation of estimates under this section, a statement of the material 26 assumptions made and of the reasons for the conclusions reached. 27 (6) The relevant Minister and the contact officer must give a copy of the 28 estimates and statements prepared under this section to the Auditor-General. 29 (7) The relevant Minister and the contact officer may, from time to time, 30 on notification to each other, prepare a joint report and estimates, and state in 31 the report and estimates where they differ. 32

 


 

s 22 19 s 23 Community-Based Referendum (8) If later estimates are prepared, earlier estimates must not be taken into 1 consideration for this Act. 2 (9) The relevant Minister and the contact officer may consult with each 3 other and with the Auditor-General before and during the preparation of 4 estimates. 5 report 6 Auditor-General's 22.(1) The Auditor-General must prepare a report, under this section, on 7 the estimates and statements prepared under section 21 and give a copy of it 8 to-- 9 (a) the relevant Minister; and 10 (b) the contact officer; and 11 (c) the commission. 12 (2) In a report prepared under this section, the Auditor-General must state 13 whether or not in his or her view-- 14 (a) the estimates present a fair view of the reasonable costs or savings 15 to the State of the implementation of the relevant proposed law; 16 and 17 (b) the estimates are based on reasonable assumptions; and 18 (c) all issues that should reasonably be taken into account in the 19 calculation of the estimates have been considered; and 20 (d) the procedures and methods used in the calculation of the 21 estimates are appropriate. 22 (3) The Auditor-General may, following consultation with the relevant 23 Minister and the contact officer, prepare from time to time a revised report 24 of costs. 25 of estimates and reports 26 Publication 23. The commission must publish in the gazette the latest estimates and 27 statements prepared under section 21 and the report prepared under 28 section 22. 29

 


 

s 24 20 s 25 Community-Based Referendum community consultation days 1 Special 24.(1) This section applies when, other than 6 months before the term of 2 a Parliament expires, a copy of a proposed law that gives effect to the 3 objects of a qualified legislative proposal has been tabled in the Legislative 4 Assembly under section 16(2). 5 (2) Subject to subsection (4), a special community consultation day is a 6 day specified by the commission under subsection (3). 7 (3) If this section applies, the commission must, as soon as practicable, 8 by gazette notice, specify a Saturday within 3 months after the registered 9 legislative proposal became a qualified legislative proposal, as a special 10 community consultation day. 11 (4) If-- 12 (a) the commission has published a notice under subsection (3); and 13 (b) a writ is issued under the Commonwealth Electoral Act 1918 14 (Cwlth), part XIII, for an election of senators for the State or for a 15 general election for the House of Representatives; and 16 (c) the date for the polling for the election is the day specified in the 17 notice published by the commission; 18 because of this section, that day ceases to be a special community 19 consultation day and, instead of that day the commission must, by notice in 20 the gazette, specify a Saturday within the next 4 weeks to be a special 21 community consultation day. 22 PART 3--REFERENDUMS 23 for and against proposals 24 Arguments 25.(1) Within 2 months after the tabling of a proposed law in the 25 Legislative Assembly under section 16(2), the sponsoring committee may 26 prepare and, through its contact officer, give the commission, an argument 27 in favour of the proposed law consisting of not more than 2 000 words. 28

 


 

s 26 21 s 26 Community-Based Referendum (2) Within 2 months after a resolution by the Legislative Assembly under 1 section 20(2) to refer a proposed law to a referendum, a member of the 2 Legislative Assembly may give to the commission an argument in favour 3 of the proposed law that consists of not more than 2 000 words and has 4 been authorised by a majority of the members of the Legislative Assembly 5 who voted in favour of the resolution. 6 (3) Before the end of the period mentioned in subsection (1) or (2), a 7 member of the Legislative Assembly may give to the commission an 8 argument against the proposed law that consists of not more than 2 000 9 words and has been authorised by a majority of the members of the 10 Legislative Assembly who-- 11 (a) for a proposed law mentioned in subsection (1)--are against the 12 proposed law; or 13 (b) for a proposed law mentioned in subsection (2)--voted against 14 the resolution to refer the law to a referendum. 15 (4) If, after the receipt by the commission of an argument in relation to a 16 proposed law, the proposed law is amended under section 18, a revised 17 argument may be given to the commission under this section about the 18 proposed law as amended by the contact officer of the sponsoring 19 committee or a member. 20 (5) If the commission receives a revised argument under subsection (4), 21 the original argument must be disregarded for this Act and the Referendums 22 Act 1997. 23 (6) For the application of the Referendums Act 1997 in relation to a 24 referendum for which this Act provides, an argument given to the 25 commission under this section is to be taken to be an authorised argument 26 for the Referendums Act 1997. 27 of estimates of costs and publication of arguments 28 Dissemination 26. The commission must, within 14 days before the relevant 29 community consultation day, publish in a newspaper circulating throughout 30 the State a copy of-- 31 (a) the arguments (if any) about the proposed law; and 32

 


 

s 27 22 s 28 Community-Based Referendum (b) each notice published in the gazette under section 23 that relates to 1 a proposed law that is to be the subject of a referendum to be held 2 on that day. 3 of scrutineers 4 Appointment 27. Each of the following persons may appoint a scrutineer or scrutineers 5 to represent them during the polling or scrutiny for a referendum-- 6 (a) the relevant sponsoring committee; 7 (b) the persons who prepared the arguments. 8 of ballot paper 9 Form 28.(1) The ballot paper to be used in a referendum must be substantially 10 in accordance with-- 11 (a) form 1 in schedule 3, if only 1 question is to be put to the electors; 12 or 13 (b) form 2 in schedule 3, if more than 1 question is to be put to the 14 electors. 15 (2) If 2 or more referendums are held on the same day, the ballot papers 16 for each referendum may be printed on 1 piece of paper. 17 (3) A regulation may-- 18 (a) specify the headings or directions to be printed or endorsed on 19 ballot papers to be used for declaration voting; and 20 (b) provide for-- 21 (i) the form of a ballot paper to be altered as specified in the 22 regulation; or 23 (ii) a form set out in the regulation to be used in place of the 24 form of a ballot paper. 25 (4) If a regulation under subsection (3) is in force, a reference in this Act 26 to a ballot paper must be read as a reference to a ballot paper in the form 27 ascertained in accordance with the regulation. 28 (5) For the scrutiny of a referendum-- 29

 


 

s 29 23 s 30 Community-Based Referendum (a) if a tick has been marked in, or adjacent to, the box or question set 1 out in a ballot paper for the marking of the elector's preference, it 2 must be read as a "yes"; and 3 (b) a cross marked on a ballot paper must not be taken to record a 4 vote; and 5 (c) any writing on a ballot paper other than a "yes", "no", a tick or a 6 "1" or other preferential numbering must be disregarded unless it 7 renders the elector's intention unclear. 8 9 Recounts 29. For the Referendums Act 1997, any of the following persons may 10 request a recount of referendum ballot papers-- 11 (a) the relevant sponsoring committee; 12 (b) a person who has prepared an argument published by the 13 commission. 14 of referendum 15 Result 30.(1) Subject to any decision of the Court of Disputed Returns, a 16 proposed law that has been put to a referendum is approved if more than 17 one-half of the formal votes cast at the referendum are in favour of it, and if 18 the votes make up a majority of formal votes cast in each of a majority of 19 electoral districts. 20 (2) A proposed law for the repeal of legislation is approved if a majority 21 of the formal votes cast at the referendum are in favour of the repeal. 22 (3) A "yes", a "1", or a tick or other writing showing an approval is to 23 be counted as an approval or first preference if the ballot paper provides for 24 the recording of preferences. 25 (4) Preferences must be counted in the order of first preference, and then 26 in sequential order of approval. 27 (5) An approval and approval preferences, or a disapproval, must be 28 counted if the intention of the elector is clear. 29

 


 

s 31 24 s 32 Community-Based Referendum of result of referendum 1 Declaration 31. If 2 or more referendums are held on a community consultation day, 2 the results of all the referendums must, so far as practicable, be declared by 3 notices published in the same issue of the gazette. 4 PART 4--ENACTMENT OF LAWS 5 of proposed law 6 Enactment 32.(1) Within 14 days after the end of the period within which an 7 application disputing the validity of a referendum may be made, the electoral 8 commissioner must, if no application disputing the validity of the 9 referendum has been made, present an approved proposed law to the 10 Governor for the royal assent. 11 (2) If an application disputing the validity of a referendum has been 12 made, the electoral commissioner must take no further action until the 13 application is finally disposed of. 14 (3) For subsection (2), an application is to be taken to be finally disposed 15 of when-- 16 (a) it is withdrawn; or 17 (b) it is dealt with by the Court of Disputed Returns. 18 (4) The electoral commissioner must, as soon as reasonably practicable 19 after receiving a notification under subsection (1) or (2), record the 20 notification in the register. 21 (5) Subject to this section and, if relevant, any proceedings in or decision 22 of the Court of Disputed Returns, if a proposed law has been approved on a 23 community consultation day, the electoral commissioner must, within 14 24 days after the decision, present the approved proposed law to the Governor 25 for the royal assent. 26 (6) For subsection (5), an approved proposed law is-- 27

 


 

s 32 25 s 32 Community-Based Referendum (a) an approved proposed law that if enacted would not be incapable 1 of operating concurrently with any other approved proposed law; 2 or 3 (b) if more than 1 approved proposed law is not capable of operating 4 concurrently with another proposed law approved by a lesser 5 number of votes--the proposed law approved by a greater 6 number of votes; or 7 (c) if an approved proposed law contains provisions not inconsistent 8 with an approved proposed law approved by a greater number of 9 votes--the approved proposed law approved by the greater 10 number of lesser votes of approval (after the excision of its 11 provisions that are inconsistent with the provisions of a proposed 12 law approved by a greater or the greatest number of votes) if after 13 the excision of its partially inconsistent provisions, it would, on 14 enactment-- 15 (i) be capable of effective operation; and 16 (ii) achieve its primary purposes. 17 (7) The electoral commissioner must, within 14 days after the 18 referendum, decide the approved proposed laws to be presented to the 19 Governor for the royal assent under this section. 20 (8) An approved proposed law other than an approved proposed law 21 referred to in subsection (6) must not be presented to the Governor for 22 assent. 23 (9) If the electoral commissioner presents an approved proposed law for 24 assent, the Premier must, within 14 days after the presentation, advise the 25 Governor to assent to the law. 26 (10) The period within which an application disputing the validity of a 27 referendum may be made is the period provided for disputing the result of 28 an election. 29

 


 

s 33 26 s 35 Community-Based Referendum PART 5--OFFENCES 1 arassment 2 H 33. A person must not intimidate or cause violence to another person to 3 induce the other person to-- 4 (a) sign; or 5 (b) not sign; 6 an initiating request or a popular request. 7 Maximum penalty--50 penalty units or 6 months imprisonment. 8 sponsoring committee 9 Misrepresenting 34. A person must not, without reasonable excuse, publish, or seek 10 another person's signature to, a document that is represented to be, or be 11 part of, an initiating request or a popular request, if there is not set out in the 12 document the name and address of each member of the sponsoring 13 committee. 14 Maximum penalty--50 penalty units. 15 16 Misrepresentation 35.(1) A person must not, to obtain another person's signature to a 17 document, falsely represent that the document is, or is part of, an initiating 18 request or a popular request. 19 Maximum penalty--50 penalty units or 6 months imprisonment. 20 (2) A person must not, to induce another person-- 21 (a) to sign or not sign an initiating request; or 22 (b) to address a popular request to the commission; 23 falsely represent to the other person the nature or main objects of the 24 relevant legislative proposal. 25 Maximum penalty--50 penalty units or 6 months imprisonment. 26

 


 

s 36 27 s 37 Community-Based Referendum (3) A person must not falsely represent that a legislative proposal, or a 1 form of words that resembles a legislative proposal, is a registered proposal. 2 Maximum penalty--50 penalty units or 6 months imprisonment. 3 use of information on popular requests 4 Improper 36.(1) A person must not use or be knowingly concerned in the use of 5 information obtained from a popular request or permit the use of 6 information obtained from a popular request for other than the purposes of 7 this Act. 8 Maximum penalty--100 penalty units. 9 (2) A person must not represent that the person is authorised by a 10 sponsoring committee when the person is not so authorised. 11 Maximum penalty--100 penalty units. 12 (3) A person who is in possession of a popular request must not fail to 13 ensure that it is received by the contact officer of the relevant sponsoring 14 committee by the last day of each calendar month. 15 Maximum penalty--100 penalty units. 16 relating to initiating requests and popular requests 17 Offences 37.(1) A person must not sign another person's name to an initiating 18 request or a popular request. 19 Maximum penalty--200 penalty units. 20 (2) A person must not give or offer or promise to give an amount or 21 other benefit to a person to sign, not sign, or refrain from signing an 22 initiating request or popular request. 23 Maximum penalty--200 penalty units. 24 (3) A person must not, without reasonable excuse, hinder or obstruct a 25 person from collecting signatures to an initiating request or a popular 26 request. 27 Maximum penalty--200 penalty units. 28

 


 

s 37 28 s 37 Community-Based Referendum (4) A person must not threaten, or offer or suggest, or inflict or cause the 1 infliction of any violence, injury, damage, loss or disadvantage to an elector 2 or other person in connection with the signing or not signing of an initiating 3 request or a popular request. 4 Maximum penalty--200 penalty units. 5 (5) Every act or omission that would be punishable by law, if it had 6 occurred in connection with the holding of a referendum under the 7 Referendums Act 1997, and the penalties under that Act apply to the act or 8 omission. 9 (6) A person must not contravene the provisions of this Act, or any 10 lawful requirement under this Act. 11 Maximum penalty--200 penalty units. 12 (7) If a body contravenes a provision of this Act or the regulations, each 13 director and other officer of the body is taken to have also contravened the 14 provision. 15 (8) Subsection (7) applies whether the body is incorporated or not and 16 irrespective of whether the contravention is by act or omission, unless the 17 person satisfies the court that-- 18 (a) the body contravened the provision without the knowledge of the 19 person; or 20 (b) the person was not in a position to influence the conduct of the 21 body in relation to its contravention of the provision; or 22 (c) the person, being in a position mentioned in paragraph (b) to 23 influence the conduct of the body, used all proper diligence to 24 prevent the contravention of the provision by the body. 25 (9) A person may be proceeded against and convicted under a provision 26 under this Act whether or not the body mentioned in subsection (7) has 27 been proceeded against or convicted under that subsection. 28

 


 

s 38 29 s 39 Community-Based Referendum ART 6--ADMINISTRATIVE PROVISIONS 1 P Division 1--Review 2 of decisions 3 Review 38.(1) This section applies to the following decisions-- 4 (a) a decision to refuse to accept the lodgment of a document under 5 section 6(3); 6 (b) a decision not to approve an initiating request under section 8; 7 (c) a decision to cancel the registration of a legislative proposal under 8 section 12(5)(a); 9 (d) a decision to cancel the registration of a registered legislative 10 proposal under section 13. 11 (2) The Judicial Review Act 1991 applies to a decision, to which this 12 section applies as if it were a reviewable decision for the purposes of that 13 Act. 14 Court to deal with matters 15 Supreme 39.(1) The Supreme Court has jurisdiction to deal with a matter or 16 objection by an elector about any of the following matters-- 17 (a) the refusal or failure of the commission to register a popular 18 request; 19 (b) the text of the proposed law; 20 (c) the questions to be presented to the electors; 21 (d) the validity of a proposed law; 22 (e) the approval of provisions of a proposed law; 23 (f) a delay by a person in the performance of a function to be 24 performed under this Act; 25 (g) whether a provision of a proposed law contravenes this Act; 26

 


 

s 40 30 s 40 Community-Based Referendum (h) whether a substantive provision of a proposed law has or has not 1 been enacted by the Parliament; 2 (i) an application to shorten or extend time within which an act or 3 action may or must be taken or done under this Act. 4 (2) The Supreme Court may, on application by the electoral 5 commissioner (after receipt of advice from the Crown solicitor) or by any 6 elector, make any order for determination of any matter for determination 7 by the electoral commissioner under section 32. 8 (3) The Supreme Court may extend the time within which an act or 9 action may or must be done if it would be fair and equitable to do so. 10 Division 2--Sponsoring committees 11 in membership 12 Change 40.(1) A member of a sponsoring committee ceases to be a member if 13 the member-- 14 (a) resigns his or her membership by written notice delivered to the 15 contact officer; or 16 (b) ceases to be an elector. 17 (2) If the membership of a sponsoring committee changes because of the 18 death of a member or because of subsection (1), the contact officer must, 19 within 1 month after becoming aware of the fact, lodge with the 20 commission a written advice of the change in the approved form. 21 (3) A contact officer must not, without reasonable excuse, contravene 22 subsection (2). 23 Maximum penalty--5 penalty units. 24 (4) A sponsoring committee may agree to admit other electors to 25 membership to replace members who have ceased to be members. 26 (5) If a sponsoring committee makes a decision under subsection (4), its 27 contact officer must lodge with the commission a notice in the approved 28 form that contains-- 29

 


 

s 41 31 s 42 Community-Based Referendum (a) the name and address of the person who has agreed to be 1 admitted to the committee; and 2 (b) the person's signature. 3 Maximum penalty--5 penalty units. 4 (6) A person who has agreed to be admitted to the committee becomes a 5 member on the lodgment of the relevant notice under subsection (5). 6 (7) The performance of a function by a sponsoring committee is not 7 affected merely because-- 8 (a) a member of the committee had not been a member before or at 9 the commencement of the performance of the function; or 10 (b) a person who is not a member of the committee had been a 11 member before or at the commencement of the performance of 12 the function. 13 14 Procedures 41. Subject to this Act, the procedures of a sponsoring committee are to 15 be the procedures the committee decides. 16 of existence 17 Cessation 42.(1) A sponsoring committee ceases to exist if-- 18 (a) it resolves to dissolve itself; or 19 (b) it has only 1 member; or 20 (c) it has no members; or 21 (d) the registration of the relevant legislative proposal is cancelled. 22 (2) If a sponsoring committee ceases to exist because of 23 subsection (1)(a), (b) or (c), the person who was the contact officer at the 24 time of the cessation must notify the commission and every other member 25 of the committee in writing of the cessation of the existence of the 26 committee within 1 month after the cessation. 27 Maximum penalty for subsection (2)--5 penalty units. 28

 


 

s 43 32 s 45 Community-Based Referendum officer 1 Contact 43.(1) Subject to this part, a sponsoring committee must have a contact 2 officer. 3 (2) A person is not eligible to be appointed contact officer for a 4 sponsoring committee unless the person is a member of the committee. 5 (3) It must be presumed, for this Act, unless the contrary is shown, that 6 any action taken by a contact officer is taken with the authority of the 7 relevant sponsoring committee. 8 in office of contact officer 9 Vacancy 44.(1) A sponsoring committee may remove its contact officer from 10 office. 11 (2) The office of the contact officer of a sponsoring committee is taken to 12 be vacant if the contact officer-- 13 (a) is removed from office under subsection (1); or 14 (b) resigns from office; or 15 (c) ceases to be a member of the committee. 16 (3) If a vacancy occurs in the office of the contact officer, the sponsoring 17 committee must, within 14 days after the occurrence of the vacancy, appoint 18 1 of its members to fill it. 19 (4) If a sponsoring committee, without reasonable cause, contravenes 20 subsection (3), each member of the committee is guilty of an offence. 21 Maximum penalty for subsection (4)--2 penalty units. 22 of contact officer's appointment or change of address 23 Notice 45.(1) A person who is appointed to be the contact officer of a 24 sponsoring committee after the occurrence of a vacancy in the office must, 25 within 1 month after being appointed, lodge with the commission a written 26 notice signed by a majority of the members of the committee, advising-- 27 (a) of the reason for the occurrence of the vacancy; and 28

 


 

s 46 33 s 47 Community-Based Referendum (b) of his or her appointment to fill it. 1 Maximum penalty--2 penalty units. 2 (2) A contact officer who changes his or her address must, before or 3 within 1 month after the change, notify the commission of the change. 4 Maximum penalty--2 penalty units. 5 Division 3--Popular request circulators and processing popular 6 requests 7 and functions of popular request circulators 8 Appointment 46.(1) A sponsoring committee through its contact officer may appoint 9 electors to be popular request circulators to obtain support for a popular 10 request. 11 (2) The contact officer must give the electors appointed a certificate of 12 identification that must contain the following particulars-- 13 (a) the title and description of the proposed law; 14 (b) the name of the appointed person; 15 (c) the name, address and phone number of the contact officer; 16 (d) the date of appointment and the signature of the contact officer. 17 of popular request circulators 18 Functions 47. In connection with carrying out any function in relation to a popular 19 request, a popular request circulator must-- 20 (a) at all times while seeking support for the popular request, produce 21 on request the certificate of identification; and 22 (b) before a person signs a popular request, give the person an 23 opportunity to read the title and description of the proposed law or 24 read the title and description to the person; and 25 (c) ensure as far as practicable that an elector signs a popular request 26 for the electoral district in which the elector is enrolled; and 27

 


 

s 48 34 s 49 Community-Based Referendum (d) ensure that the relevant particulars of a person signing a popular 1 request are completed in the circulator's presence; and 2 (e) by the end of each month, or sooner if the contact officer 3 requires-- 4 (i) rule through all blank spaces for signatures on signed 5 popular request forms; and 6 (ii) complete all information and any declaration that the contact 7 officer may require to be completed; and 8 (iii) return all signed popular requests to the contact officer or to 9 the person nominated in writing by the contact officer. 10 of signatories to popular requests 11 Counting 48.(1) The commission or the contact officer may require the production 12 of all signed popular requests at the end of each month or another stated day 13 for checking the number of signatories who appear to be electors. 14 (2) The contact officer must at the end of each named month notify to the 15 commission in writing the number of signatories to the popular request who 16 appear to be electors. 17 (3) The notification must state the number of signatories to popular 18 requests for each electoral district in which a signatory appears to be 19 enrolled. 20 (4) The contact officer must cause to be recorded against a copy for the 21 relevant electoral roll the identification of each popular request. 22 (5) The commission must make available to the contact officer popular 23 requests delivered to the commission, for recording signatories against a 24 copy of the relevant electoral rolls maintained by the sponsoring committee 25 for a proposed law. 26 Division 4--Register 27 28 Register 49.(1) The commission must keep, in the form it considers appropriate, a 29 Register of Legislative Proposals and Proposed Laws of-- 30

 


 

s 49 35 s 49 Community-Based Referendum (a) registered legislative proposals; and 1 (b) proposed laws that are to be put to referendum. 2 (2) The register must contain the following particulars for a registered 3 legislative proposal-- 4 (a) the terms of the proposal; 5 (b) the name and address of the contact officer and each other 6 member of the sponsoring committee; 7 (c) the date and page number of the gazette in which the notice under 8 section 9(b) is published; 9 (d) if the sponsoring committee ceases to exist, the date and cause of 10 the cessation. 11 (3) The commission must give to each registered legislative proposal a 12 number, in a consecutive series commencing number 1, and must enter that 13 number in the register. 14 (4) If the commission publishes a notice under section 12(1), the 15 commission must enter in the register-- 16 (a) the name and page number of the relevant gazette; and 17 (b) if section 12(2) applies, an annotation that the registered legislative 18 proposal is a qualified legislative proposal. 19 (5) If the registration of a legislative proposal is cancelled, the 20 commission must enter in the register-- 21 (a) a notification to that effect; and 22 (b) the date of the cancellation; and 23 (c) the cause of the cancellation. 24 (6) On receiving from the Speaker notification of the tabling in the 25 Legislative Assembly of a proposed law under section 16(2) or of the 26 passing of a resolution in relation to a proposed law by the Legislative 27 Assembly under section 20, the commission must make in the register an 28 annotation of-- 29 (a) the long and short titles of the proposed law; and 30 (b) the date of receipt of the notification from the Speaker; and 31

 


 

s 49 36 s 49 Community-Based Referendum (c) the date of the relevant certificate of the Attorney-General or of the 1 passing of the relevant resolution of the Legislative Assembly, as 2 the case requires; and 3 (d) if the proposed law gives effect to a registered legislative 4 proposal, the other information that is necessary to identify the 5 proposal. 6 (7) As soon as it is practicable to do so, the commission must enter in the 7 register, in relation to each proposed law-- 8 (a) the community consultation day on which the referendum is to be 9 held; and 10 (b) the result of the referendum; and 11 (c) the number of votes in favour of the proposed law and the 12 number of votes opposed to the proposed law that have been cast. 13 (8) On receiving from the Speaker notification of the tabling in the 14 Legislative Assembly under section 18 of an amendment of a proposed law, 15 the commission must make in the register an annotation of-- 16 (a) any changes to a title or the proposed law affected by the 17 amendment; and 18 (b) the date of receipt of the notification from the Speaker. 19 (9) If a proposed law is not submitted to referendum because of the 20 operation of section 19(2) or 20(5), the commission must make in the 21 register an appropriate annotation. 22 (10) The commission must enter in the register any particulars or matters 23 that may be prescribed under a regulation. 24 (11) A person may inspect the register at the office of the commission at 25 any time when the office is open to the public. 26

 


 

s 50 37 s 54 Community-Based Referendum PART 7--MISCELLANEOUS 1 commissioner may take legal advice 2 Electoral 50. For the purpose of discharging the electoral commissioner's 3 functions under this Act, the electoral commissioner may take the legal 4 advice the electoral commissioner considers appropriate. 5 compliance with some time requirements sufficient 6 Substantial 51.(1) If, by this Act, the Speaker, the commission, the electoral 7 commissioner or the relevant Minister is required to discharge a duty on a 8 stated day, and it is impracticable to discharge it on that day, the requirement 9 is to be taken to be satisfied if the duty is discharged as soon as practicable. 10 (2) However, the duty must be discharged sooner if the Supreme Court 11 so orders. 12 of public money 13 Expenditure 52.(1) The expenses of the commission and any other public officials in 14 administering this Act are to be paid out of money to be appropriated by 15 Parliament for the administration of the commission. 16 (2) Public moneys must not be used to pay for, or to reimburse 17 expenditure on publicity that may influence support for or against a popular 18 request or proposed law to be submitted to referendum under this Act. 19 (3) Subsection (2) does not apply to publication or dissemination of 20 arguments under this Act in favour of or in opposition to a proposed law. 21 for offences 22 Proceedings 53. Proceedings for an offence against this Act must be dealt with by a 23 Magistrates Court. 24 in popular requests 25 Property 54. Property in a popular request, for this Act, vests in the sponsoring 26 committee when an initiating request or popular request is signed. 27

 


 

s 55 38 s 57 Community-Based Referendum of this Act and proposed law approved by the electors 1 Effect 55.(1) On receiving the royal assent, a proposed law approved by the 2 electors under this Act takes effect as if it were an Act of the Parliament of 3 Queensland. 4 (2) An Act or subordinate legislation that is enacted or made before the 5 royal assent is given to the proposed law and is inconsistent with the law is, 6 on commencement of the law, ineffective to the extent of the inconsistency. 7 (3) This Act may be amended, but not so as to change this section or the 8 provisions relating to-- 9 (a) the numbers of electors required for a proposed law to be 10 submitted to referendum; or 11 (b) the requirements for approval of a proposed law at referendum; or 12 (c) the matters that may not be the subject of a popular request under 13 this Act; 14 unless a majority of the electors voting and a majority of the electors voting 15 in each of a majority of electoral districts at a referendum on the proposed 16 amendments have first approved the amendment of this section or of 17 provisions referred to in this subsection. 18 of the Referendums Act 1997 19 Application 56. The provisions of the Referendums Act 1997 relating to voting and 20 conduct of referendums, disputed returns, enforcement, and referendums 21 held in conjunction with elections under the Electoral Act 1992 are taken to 22 be provisions of this Act, and to apply, except where the provisions of the 23 Act are inconsistent with the provisions of this Act, or where this Act 24 provides otherwise. 25 of forms 26 Approval 57. The electoral commissioner may approve forms for use under this 27 Act. 28

 


 

s 58 39 s 61 Community-Based Referendum power 1 Regulation-making 58.(1) The Governor in council may make regulations for this Act. 2 (2) Without limiting subsection (1), the regulations may create an offence 3 punishable by a penalty of not more than 7 penalty units. 4 PART 8--AMENDMENT OF CONSTITUTION ACT 5 1867 6 amended in pt 8 7 Act 59. This part amends the Constitution Act 1867. 8 of s 2 (Legislative Assembly constituted) 9 Amendment 60. Section 2, after `said Assembly'-- 10 insert-- 11 `, or with the approval of the electors of Queensland under the 12 Community-Based Referendum Act 1999,'. 13 of s 2A (The Parliament) 14 Amendment 61.(1) Section 2A(1), after `sections 1 and 2'-- 15 insert-- 16 `or the Queen and the electors of Queensland under the Community- 17 Based Referendum Act 1999'. 18 (2) Section 2A(2), after `Assembly'-- 19 insert-- 20 `, or after its approval as a proposed law by the electors of Queensland 21 under the Community-Based Referendum Act 1999,'. 22

 


 

s 62 40 s 63 Community-Based Referendum of s 53 (Certain measures to be supported by 1 Amendment referendum) 2 62. Section 53(1), after `section 53'-- 3 insert-- 4 `or section 53A'. 5 of new hdg and s 53A 6 Insertion 63. After section 53-- 7 insert-- 8 OMMUNITY REFERENDUMS 9 `C referendums on proposed laws 10 `Community `53A.(1) Electors may initiate referendums on proposed laws under the 11 Community-Based Referendums Act 1999. 12 `(2) A proposed law approved by the electors under the Community- 13 Based Referendums Act 1999 must be presented to the Governor for the 14 royal assent under that Act. 15 `(3) On receiving assent, the proposed law is to be taken to be an Act 16 properly enacted by the Legislature of Queensland. 17 `(4) Any other Act passed before a proposed law becomes an Act that is 18 inconsistent with the proposed law is, to the extent of the inconsistency, 19 ineffective. 20 `(5) The Community-Based Referendums Act 1999 may be amended, but 21 not so as to change any of the following provisions of that Act-- 22 (a) the number of electors required for a proposed law to be 23 submitted to referendum; 24 (b) the requirements for approval of a proposed law at referendum; 25 (c) the matters that may not be the subject of a popular request under 26 that Act; 27

 


 

s 63 41 s 63 Community-Based Referendum unless a Bill for a proposed law that expressly repeals or amends this 1 section and those provisions has first been approved at a referendum under 2 the Community-Based Referendums Act 1999. 3 `(6) In this section-- 4 "electors" means electors qualified to vote for the election of members of 5 the Legislative Assembly. 6 "proposed law" means a Bill for an Act within the legislative powers of 7 the Parliament of Queensland.'. 8 9

 


 

42 Community-Based Referendum SCHEDULE 1 1 NOTICE OF REGISTRATION OF LEGISLATIVE 2 PROPOSAL 3 section 9 4 Community-Based Referendum Act 1999 5 I,1 electoral commissioner, give notice that the following legislative 6 proposal has been registered under section 9 of the Community-Based 7 Referendum Act 1999: 8 Registered Legislative Proposal No.2 9 10 3 11 If, within 12 clear months after the date on which this notice is published in 12 the gazette, I receive a request signed by not less than the required number 13 of electors or the number of electors required for a qualified legislative 14 proposal, requesting that the registered legislative proposal set out above be 15 put to a referendum, the provisions of the Community-Based Referendum 16 Act 1999 may require me to arrange for a referendum to be held on a 17 community consultation day. 18 (signed) 19 20 21 22 Electoral commissioner 23 1 Insert name of commissioner. 2 Insert registration number of legislative proposal. 3 Insert text of registered legislative proposal

 


 

43 Community-Based Referendum SCHEDULE 2 1 ORM OF POPULAR REQUEST 2 F section 10 3 Community-Based Referendum Act 1999 4 I believe that at the next practicable community consultation day the 5 people of Queensland should be permitted to determine whether registered 6 legislative proposal No.4 , a copy of which is set out below, should become 7 part of the law of Queensland. 8 Registered legislative proposal:5 9 10 The contact officer of the sponsoring, committee of this proposal is:6 11 12 13 14 15 16 Signature of elector 17 18 Date of Signature 19 4 Insert registration number of legislative proposal. 5 Insert text of registered legislative proposal 6 Insert the full name, address and date of birth of the contact officer, with his or her postal address, fax address, and e-mail address if available. This form may also be presented in landscape format for convenience of signatories.

 


 

44 Community-Based Referendum SCHEDULE 3 1 section 28 2 FORM 1 3 Community-Based Referendum Act 1999 4 BALLOT PAPER 5 6 HOW TO VOTE 7 8 If you approve, place a tick [ ] in the "yes" box 9 If you do not approve, place a tick [ ] in the "no" box 10 11 [Here set out short title and long title of the proposed law] 12 13 Do you approve the proposed law? [BOX] "YES" 14 15 [BOX] "NO" 16

 


 

45 Community-Based Referendum SCHEDULE 3 (continued) FORM 2 1 Community-Based Referendum Act 1999 2 3 BALLOT PAPER 4 5 HOW TO VOTE 6 7 If you approve, place a tick [ ] in the "yes" box 8 If you do not approve, place a tick [ ] in the "no" box 9 10 [Here set out short title and long title of the proposed law] 11 12 Do you approve the proposed law? [BOX] "YES" 13 14 [BOX] "NO" 15 16 [Here set out short title and long title of the proposed law]7 17 18 Do you approve the proposed law? [BOX] "YES" 19 20 [BOX] "NO" 21 22 7 If more than 2 proposed laws are to be put to a referendum, form 2 should be modified as required.

 


 

46 Community-Based Referendum SCHEDULE 4 1 DICTIONARY 2 section 2 3 "approved form" see section 57. 4 "commission" means the electoral commission. 5 "community consultation day" means-- 6 (a) a day on which a general election of members of the Legislative 7 Assembly is held; or 8 (b) a special community consultation day; or 9 (c) any day on which a referendum of the electors of the State is held 10 under any Act; 11 whichever first occurs, and, if polling is suspended and resumed, 12 includes a day on which polling is resumed. 13 "contact officer", in relation to a sponsoring committee, means the person 14 named in the last notice lodged with the commission under section 6 or 15 45. 16 "election" means an election of a member or members of the Legislative 17 Assembly under the Electoral Act 1992. 18 "elector" means a person qualified to vote for the election of members of 19 the Legislative Assembly. 20 "electoral commissioner" see Electoral Act 1992, section 21. 21 "establishment notice" means a notice under section 6(2). 22 "initiating request" means a request submitted under section 7. 23 "justice of the peace" includes a commissioner for declarations. 24 "legislative proposal" means a proposal for a law of Queensland in 25 relation to any matter in relation to which the Parliament has power to 26 make laws, other than a proposed law-- 27

 


 

47 Community-Based Referendum SCHEDULE 4 (continued) (a) for the blocking of supply for-- 1 (i) the ordinary annual services of government; or 2 (ii) the payment of an expenditure incurred by law; or 3 (iii) the payment of an amount payable under an accrued or 4 accruing existing statutory right or entitlement; or 5 (b) that individually names a person or that affects the rights or 6 liabilities of an individually named person; or 7 (c) that individually names a person and provides for his or her 8 appointment or removal from public office; or 9 (d) that has retrospective application; or 10 (e) contravenes the rule of law, the principles of natural justice, or is 11 not otherwise within the powers of the Parliament. 12 "popular request" means a request under section 10. 13 "qualified legislative proposal" means a proposal that is a qualified 14 legislative proposal under section 12. 15 "register" means the Register of Legislative Proposals and Proposed Laws 16 kept under section 49. 17 "registered legislative proposal" means a legislative proposal registered 18 under section 9, being a proposal the registration of which has not been 19 cancelled. 20 "relevant minister" means the Treasurer or a Minister nominated by the 21 Treasurer to prepare an estimate for a proposed law under section 21. 22 "special community consultation day" means a day that is a special 23 community consultation day under section 24. 24 "sponsoring committee", in relation to a legislative proposal or a proposed 25 law that gives effect to the objects of a legislative proposal, means the 26 committee that comes into existence in accordance with section 6. 27 28

 


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