Referendum Procedures Act 2004 (Tas)

Referendum Procedures Act 2004

An Act relating to the conduct of referendums [Royal Assent 17 December 2004]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Referendum Procedures Act 2004 .

2. Commencement This Act commences on the day on which the Electoral Act 2004 commences.

3. Interpretation (1) In this Act, unless the contrary intention appears – ballot paper means a ballot paper prepared under section 16 ; informal ballot paper means a ballot paper which is informal as specified in section 17 ; poll means a poll for a referendum; referendum means a referendum held in accordance with this Act; returning officer means a returning officer appointed under the Electoral Act 2004 in respect of an Assembly division; writ means a writ for the holding of a referendum issued under section 5 . (2) Unless the contrary intention appears, an expression used in this Act has the same meaning as it has in the Electoral Act 2004.

4. Application of Electoral Act 2004 (1) Subject to this Act, the provisions of the Electoral Act 2004 apply so far as they are applicable, with the necessary changes, to and in respect of a referendum as if it were an Assembly election. (2) Without limiting subsection (1) , for the purposes of the conduct of a referendum – (a) a reference to polling day in the Electoral Act 2004 is to be construed as a reference to the day fixed by the writ for the conduct of the poll for a referendum; and (b) a reference to an election in the Electoral Act 2004 is to be construed as a reference to a referendum; and (c) a reference to electoral matter in the Electoral Act 2004 is to be construed as a reference to corresponding matter in relation to a referendum; and (d) a reference to a ballot paper, ballot material, ballot box or other thing in the Electoral Act 2004 is to be construed as a reference to a ballot paper, ballot material, ballot box or corresponding thing in relation to a referendum; and (e) a reference to disputing the validity of an election in the Electoral Act 2004 is to be construed as a reference to disputing the validity of a referendum. (3) For the purposes of a referendum – (a) the vote of an elector is to be marked on the ballot paper in the manner specified by this Act; and (b) a ballot paper is not to be rejected as informal except in accordance with this Act.