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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provides that the Act specified in the Schedule is amended or repealed as set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
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.