Constitution Further Amendment (Referendum) Act 1930 (NSW)

Constitution Further Amendment (Referendum) Act 1930 No 2

An Act to provide for the conduct of any referendum upon a Bill authorised or directed by law to be submitted to a referendum.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Constitution Further Amendment (Referendum) Act 1930.

2 (Repealed)

Part 2 Referendum on Scheduled Bill

3 (Repealed)

Part 3 Conduct of a referendum

Division 1 Interpretation and application of Electoral Act 2017

4 Definitions (1) In this Part, unless the contrary intention appears: Referendum means the submission of a Bill to the electors in pursuance of the authority of any Act passed either before or after the commencement of this Part. Election means an election of Members of the Legislative Assembly. This Part includes the Second Schedule. (2) (Repealed)

5 Application of Electoral Act 2017 (1) Subject to this Part the provisions of the Electoral Act 2017, and any regulations or rules made under that Act, so far as they are applicable, apply to and in respect of a referendum as if the referendum were an election, and for that purpose references in any such provision are read as follows: (a) a reference to a writ is to be read as a reference to a writ for a referendum, (b) a reference to election day is to be read as a reference to the day fixed by a writ for a referendum for the taking of the votes of the electors, (c) a reference to a nomination day is to be read: (i) except as provided in subparagraph (ii), as a reference to the day that is 7 days after the day on which the writ for a referendum is issued, or (ii) where the day fixed for the taking of the votes for the purposes of a referendum is the same as that for the taking of the poll for an election, as a reference to the day of nomination for that election, (d) a reference to the casting of votes at an election is to be read as a reference to the taking of the votes of the electors for the purposes of a referendum, (e) a reference to an election is to be read as a reference to a referendum, (f) a reference to electoral matter or to electoral papers is to be read as a reference to corresponding matter or papers in relation to a referendum, (g) a reference to a ballot paper (including the form of a ballot paper), ballot box, or other thing is to be read as a reference to a ballot paper (including the form of a ballot paper), ballot box, or corresponding thing in relation to a referendum, (h) any reference to "this Act" or "this Part" is to be read as a reference to the provisions or Part, as the case requires, of the Act applicable to a referendum. (2) For the purposes of a referendum: (a) a ballot paper is not to be rejected as informal except for a reason specified in this Act or in the regulations made under this Act, and (b) the vote of an elector is to be marked on the elector's ballot paper in the manner directed by this Part, and (c) on the adjournment of voting by any voting centre manager, the voting centre manager must, as soon as practicable, give notice of the adjournment to the Electoral Commissioner, and (d) where any voting stands adjourned the election manager for a district must not transmit the election manager's statement of the result of the voting in the district to the Electoral Commissioner until the voting so adjourned has been finally closed.