Download 1998-99 THE PARLIAMENT OF THE COMMONWEALTH OF

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
-2REFERENDUM 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.
-3NOTES 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repealed as set out in the Schedule, and any other item in the Schedule has effect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.
-48.
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)
(b)
a referendum on a proposed law for the establishment of an Australian
republic; or
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.