Commonwealth: Referendum (Machinery Provisions) Act 1984 (Cth)

Referendum (Machinery Provisions) Act 1984 No. 44, 1984 Compilation No. 39 Compilation date: 21 February 2025 Includes amendments: Act No. 16, 2025 About this compilation This compilation This is a compilation of the Referendum (Machinery Provisions) Act 1984 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Interpretation 3AA Meaning of referendum matter 3AAA Meaning of referendum expenditure 3A Extraterritorial operation of Act 3B Application to Crown 3C Application of the Criminal Code 4 Electors entitled to vote at a referendum 5 Australian Electoral Officer for the Australian Capital Territory 6 Assistant Returning Officers and Assistant Divisional Returning Officers 6A AEC staff may act as Divisional Returning Officers or Assistant Divisional Returning Officers Part II—Writ for a referendum 7 Writ for a referendum 8 Form of writ 9 Day for close of Rolls and voting day 10 Extension of time 11 Distribution to electors of arguments for and against proposed law 12 Governor‑General to deal with writ 13 Action by Electoral Commissioner 14 Action by Electoral Officers Part III—Voting at a referendum Division 1—General 15 Voting on same day throughout Australia 16 Polling places 16A Undertaking by officers and scrutineers 17 Arrangements for voting 18 Substitute for presiding officer 19 Ballot‑boxes 20 Separate voting compartments 21 Use of licensed premises as polling booth 22 Certified lists of voters 22A Approved list of voters 23 Election and referendum on the same day 24 Manner of voting 25 Forms of ballot paper 25A Official mark 25B Administrative markings 26 Ballot papers to be initialled 27 Appointment of scrutineers 28 Provisions relating to scrutineers 29 Voting at a referendum 30 Questions to be put to voter 31 Questions to be put to voter when election and referendum on the same day 32 Errors not to forfeit vote 33 Right of elector to receive ballot paper 34 List of voters to be marked when ballot paper issued 35 Vote to be marked in private 36 Assistance to certain voters 36A Certain voters may vote outside polling place 37 Provisional votes 38 Provisional enrolment by applicant for citizenship 39 Other general provisions about applications under section 38 40 Election and referendum on the same day 41 Spoilt ballot papers 41AA Discarded ballot papers 41AB Ballot‑boxes opened before close of voting 41A Temporary suspension of polling 42 Adjournment of voting 43 Adjournment at both referendum and election 44 Adjourned voting 45 Compulsory voting 46 Where electors may vote, and absent voting 46AA Voting by designated electors at referendums 46A Forwarding of declaration votes Division 2—Mobile booths 47 Interpretation 48 Hospitals that are polling places 50 Provisions related to section 48 51 Mobile booths 52 Election and referendum on same day Part IV—Postal voting 53 Interpretation 54 Grounds of application for postal vote 55 Application for postal vote 56 Application forms for postal votes 58 Dispatch of postal voting papers to registered general postal voters 59 Election and referendum on the same day 61 Issue of certificate and ballot papers 62 Inspection of applications 62A Access to electronic list of postal vote applicants 62B Restriction on use or disclosure of information 65 Postal voting 66 Duty of authorised witnesses etc. 67 Procedure for dealing with postal vote certificates etc. 68 Opening of postal ballot paper 69 Failure to post or deliver postal vote application etc. 70 Inducing person to hand over marked ballot paper 71 Correction of formal errors 71AAA Envelopes that have formal errors 71AA Postal votes not to be rejected in certain circumstances Part IVA—Pre‑poll voting Division 1—Introduction 71A Guide to this Part Division 2—General matters 72 Grounds of application for pre‑poll vote 73 Pre‑poll voting officers 73AA Pre‑poll voting offices 73A Application for pre‑poll vote 73B Place and time of application 73C Election and referendum on the same day 73CA Appointment of scrutineers 73CB Provisions relating to scrutineers Division 3—Voting by pre‑poll ordinary vote Subdivision A—Preliminary 73CC Definitions 73CD Where is pre‑poll ordinary voting available? 73CE Separate voting compartments 73CF Ballot‑boxes Subdivision B—Voting by pre‑poll ordinary vote 73CG When is a person entitled to vote by pre‑poll ordinary vote? 73CI Questions to be put to voter 73CJ Right of voter to receive ballot paper 73CK Voter to mark vote on ballot paper 73CL Assistance to certain voters 73CM Voter not entitled to vote again etc. Subdivision C—Requirements relating to ballot‑boxes 73CN Subdivision sets out requirements to be complied with 73CO Requirements to be complied with before first use of ballot‑box 73CP Requirements to be complied with at end of each day of use of ballot‑box 73CQ Requirements to be complied with before ballot‑box used again on later day 73CR Forwarding of ballot‑boxes for purposes of scrutiny Division 4—Voting by pre‑poll declaration vote 73CS Persons to whom this Division applies 73D Pre‑poll declaration voting 73E Form of pre‑poll vote certificate for declaration voting 73F Record of issue of pre‑poll voting papers 73H Opening of pre‑poll voting envelope 73J Obligations of persons present when pre‑poll vote cast 73K Correction of formal errors Part IVB—Electronically assisted voting 73L Definitions 73LA Entitlement of Antarctic electors to vote 73M Providing for voting by an electronically assisted voting method 73N There must be a record of who has voted using the electronically assisted voting method 73P There must be a record of the vote 73Q How this Act applies in relation to voting using the electronically assisted voting method 73QA Electoral Commissioner may decide that electronically assisted voting method is not to be used by sight‑impaired persons Part VI—Scrutiny of a referendum 89 Ascertainment of result of referendum 89A Preliminary scrutiny of declaration votes 90 Conduct of scrutiny 91 Action at scrutiny 92 Action on objection to ballot papers 93 Informal ballot papers 94 Return of result of submission by Divisional Returning Officers 95 Recount 95A Notice of re‑count 95B Conduct of re‑count 96 Reservation of disputed ballot papers Part VII—Return of the writ 97 Statement by Australian Electoral Officers 98 Return of the writ 99 Copies of statement to Governors of the States etc. Part VIII—Disputed returns 100 Disputing validity of submission or return 101 Requisites of petition 102 Petition by Electoral Commission 103 Jurisdiction and powers of High Court 104 Inquiries by High Court 105 Notice of petition 106 Joinder of parties 107 Procedure on petition 107AA Court must make decision quickly 107A Provision for Court to have regard to certain rejected ballot papers 108 Immaterial errors not to invalidate referendum 108AA Referendum not affected by failure of delivery arrangement 108A Certain other matters not to invalidate referendum 109 Evidence that person not permitted to vote 109A Right of Electoral Commission to have access to documents Part VIIIA—Disclosure of referendum expenditure and gifts Division 1—Preliminary 109B Application of this Part 109C Determining amount or value of certain gifts 109D Entities that are not incorporated Division 2—Disclosure of referendum expenditure and gifts 109E Returns by referendum entities 109F Returns relating to gifts received by referendum entities for referendum expenditure 109G Returns relating to gifts to referendum entities Division 3—Requirements relating to foreign donor gifts 109H Object of this Division 109J Gifts provided for the purposes of incurring referendum expenditure etc. Division 4—Referendum expenditure by foreign campaigners 109K Objects of this Division 109L Prohibition on foreign campaigner incurring referendum expenditure or fundraising for that purpose Division 5—Other matters 109M Anti‑avoidance 109N Electoral Commission may obtain information and documents from persons 109P Copies of documents 109Q Retention of documents 109R Debts due to the Commonwealth 109S Contravening an offence provision or a civil penalty provision 109T Recovery of payments 109U Keeping records 109V Inability to complete returns 109W Non‑compliance with Part does not affect referendum 109X Amendment of returns 109Y Report by Electoral Commission 109Z Certain particulars not to be included in reports 109ZA Implied freedom of political communication Part IX—Authorisation of referendum matter Division 1—Preliminary 110A Definitions 110B Objects of this Part Division 2—Authorisation of certain referendum matter 110C Authorisation of certain referendum matter 110CA Prohibition on foreign campaigners authorising referendum matter 110D Extended geographical application of section 110C and 110CA Division 3—Information‑gathering powers 110E Electoral Commissioner may obtain information and documents from persons 110F Copies of documents 110G Retention of documents Part X—Offences 116 Officers and scrutineers to observe secrecy 117 Officers not to contravene Act etc. 118 Officers not to influence vote 118A Influencing votes of hospital patients etc. 119 Bribery 120 Interference with political liberty 122 Misleading or deceptive publications etc. 123 False statements in relation to Rolls 126 Cards in polling booth 127 Signature to referendum paper 128 Witnessing referendum papers 129 Marks on ballot papers 130 Other offences relating to ballot papers etc. 130A Officers not to interfere with etc. ballot‑boxes or ballot papers 131 Prohibition of certain behaviour near polling booths and pre‑poll voting places 132 Badges or emblems in polling booths 133 Employers to allow employees leave of absence to vote 134 Misconduct at public meeting 135 Control of behaviour at polling booths etc. Part XI—Miscellaneous 136A Extension of time for acts by officers 138 Delegation by Electoral Commissioner 139 Injunctions 140 Prosecution of offences 140AAA Application of Regulatory Powers Act 140A Effect of averment by prosecutor 140AA Evidence of authorship or authorisation of material 140B Service of process by mail 141 Referendum papers received by post 142A Preservation of documents 143 No referendum or vote of a State or Territory to be held on voting day 144 Regulations 144A Modifications by legislative instrument in the event of an emergency 145 Repeal Schedule 1—Forms Schedule 2—Repealed Acts Schedule 3—Grounds of application for postal or pre‑poll vote Schedule 4—Rules for the conduct of a preliminary scrutiny of declaration votes Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to the submission to the electors of proposed laws for the alteration of the Constitution Part I—Preliminary 1 Short title This Act may be cited as the Referendum (Machinery Provisions) Act 1984. 2 Commencement This Act shall come into operation on a day to be fixed by Proclamation. 3 Interpretation (1) In this Act, unless the contrary intention appears: absent voter means an elector voting or desiring to vote pursuant to section 46 other than at a polling place appointed for the Division for which the elector is enrolled. absent voting means voting as an absent voter pursuant to section 46. Antarctica means the Australian Antarctic Territory and includes: (a) the Territory of Heard Island and McDonald Islands; and (b) Macquarie Island. Antarctic elector means an elector who is, in the course of the elector's employment: (a) in Antarctica; or (b) on a ship at sea in transit to or from Antarctica. approved form means: (a) a form that: (i) is approved by the Electoral Commissioner in writing; and (ii) has been published by the Electoral Commissioner; or (b) a manner, approved by the Electoral Commissioner in writing, for giving a notice (however described). Note 1: An approved form under paragraph (a) might be published by the Electoral Commissioner on the Electoral Commission's website. Note 2: An example of an approved form under paragraph (b) is giving a notice by using a specified web portal. approved list of voters for a Division means a list in electronic form that: (a) contains the same information as the certified list of voters for the Division most recently prepared before the preparation of the list in electronic form; and (b) is approved by the Electoral Commissioner for use in connection with voting under this Act. Assistant Divisional Returning Officer means an Assistant Divisional Returning Officer appointed under section 34 of the Commonwealth Electoral Act 1918. Assistant Returning Officer means a person appointed to be an Assistant Returning Officer under section 6 of this Act or, where the voting day for a referendum is the same as that fixed for the polling at an election, under section 33 of the Commonwealth Electoral Act 1918. Australia includes: (a) Norfolk Island; and (b) the Territory of Cocos (Keeling) Islands; and (c) the Territory of Christmas Island. Australian Capital Territory includes Norfolk Island and the Jervis Bay Territory. Australian Electoral Officer means: (a) an Australian Electoral Officer for a State; or (b) the Australian Electoral Officer for the Australian Capital Territory; or (c) the Australian Electoral Officer for the Northern Territory. Australian Electoral Officer for a State means an Australian Electoral Officer for a State referred to in section 20 of the Commonwealth Electoral Act 1918. Australian Electoral Officer for a Territory means an Australian Electoral Officer for a Territory appointed under section 5 of this Act or, where the voting day for a referendum is the same as that fixed for the polling at an election, under section 30 of the Commonwealth Electoral Act 1918. Australian Electoral Officer for the Australian Capital Territory means the Australian Electoral Officer for the Australian Capital Territory appointed under: (a) section 5 of this Act; or (b) if the voting day for a referendum is the same as that fixed for the polling at an election—section 30 of the Commonwealth Electoral Act 1918. Australian Electoral Officer for the Northern Territory means an Australian Electoral Officer for the Northern Territory referred to in section 20 of the Commonwealth Electoral Act 1918. authorized witness, in relation to any act or thing done by a person for the purposes of voting at a referendum, means: (a) in a case to which paragraph (b) does not apply—an elector; or (b) in the case of an act or thing done outside Australia: (i) an elector; (ii) an officer of the Defence Force or of the naval, military or air forces of a Commonwealth country; (iii) a member of the civil or public service of a State or Territory or of a Commonwealth country; (iiia) a person appointed or engaged under the Public Service Act 1999; or (iv) a justice of the peace for, or a minister of religion or medical practitioner resident in, a State or Territory or a Commonwealth country; or (v) an Australian citizen. For the purposes of this definition, Commonwealth country means a political entity, or part of a political entity, that is a member of the international organisation known as the Commonwealth of Nations. capital city office of the Electoral Commission has the meaning given by subsection 90A(3) of the Commonwealth Electoral Act 1918. carriage service provider has the meaning given by section 87 of the Telecommunications Act 1997. certified list of voters, in respect of a Division, means a list prepared and certified under subsection 22(1). civil penalty provision has the meaning given by the Regulatory Powers Act. compartment means: (a) in relation to a polling booth—a compartment constructed in the polling booth pursuant to section 20; and (b) in relation to a place at which pre‑poll ordinary voting is available—a compartment constructed in the place pursuant to section 73CE. Note: For the places at which pre‑poll ordinary voting is available, see section 73CD. constable means a member or a special member of the Australian Federal Police or a member of the Police Force of a State or Territory. Controller‑General of Prisons, in relation to a State or Territory, means the official having control of the prisons of the State or Territory. courier service means a service that provides for the collection, at the request of a person using the service, of an article from a place specified by or on behalf of that person and the delivery of the article to another place so specified, being a service approved by an Australian Electoral Officer or by the Electoral Commissioner. declaration vote means: (a) a postal vote; (b) a pre‑poll declaration vote; (c) an absent vote; or (d) a provisional vote. Deputy Electoral Commissioner means the Deputy Electoral Commissioner referred to in section 19 of the Commonwealth Electoral Act 1918. designated elector means an elector in relation to whom a declaration under subsection 202AH(1) of the Commonwealth Electoral Act 1918 is in effect. disclosure threshold has the meaning given by Part XX of the Commonwealth Electoral Act 1918. Division means an Electoral Division created pursuant to the Commonwealth Electoral Act 1918 for the election of a member of the House of Representatives. Divisional Returning Officer means a Divisional Returning Officer referred to in section 32 of the Commonwealth Electoral Act 1918. DRO means Divisional Returning Officer. election means an election of a Member of the House of Representatives or an election of Senators for a State or Territory. elector means a person whose name appears on a Roll as an elector. Electoral Commission means the Australian Electoral Commission established by section 6 of the Commonwealth Electoral Act 1918. Electoral Commissioner means the Electoral Commissioner referred to in section 18 of the Commonwealth Electoral Act 1918. eligible overseas elector means an elector who is entitled under the Commonwealth Electoral Act 1918 to be treated as an eligible overseas elector for the purposes of that Act. foreign campaigner has the meaning given by the Commonwealth Electoral Act 1918. foreign donor has the meaning given by section 287AA of the Commonwealth Electoral Act 1918. gift has the meaning given by Part XX of the Commonwealth Electoral Act 1918. hospital includes a convalescent home or an institution similar to a hospital or to a convalescent home. Immigration Department means the Department administered by the Minister administering the Migration Act 1958. itinerant elector means an elector who is entitled under section 96 of the Commonwealth Electoral Act 1918 to be treated as an itinerant elector for the purposes of that Act. listed carriage service has the meaning given by section 16 of the Telecommunications Act 1997. mobile polling team leader means a mobile polling team leader appointed under section 51. mobile polling team member means a mobile polling team member appointed under section 51. Northern Territory includes the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island. officer includes the Electoral Commissioner, the Deputy Electoral Commissioner, the Australian Electoral Officer for a State or Territory, a Divisional Returning Officer, an Assistant Returning Officer, an Assistant Divisional Returning Officer, a presiding officer, a deputy presiding officer, a substitute presiding officer, an assistant presiding officer, a pre‑poll voting officer, a mobile polling team leader and a mobile polling team member, and any other member of the staff of the Electoral Commission who is a delegate of the Electoral Commissioner under section 138. polling booth means a building, structure, vehicle or enclosure, or a part of a building, structure, vehicle or enclosure, provided at a polling place for the purpose of taking votes at a referendum. polling official means a deputy presiding officer or an assistant presiding officer. polling place means a place appointed as a polling place pursuant to paragraph 80(1)(a) of the Commonwealth Electoral Act 1918. postal voting means voting pursuant to Part IV. pre‑poll declaration vote: see subsection 71A(2). pre‑poll ordinary vote: see subsection 71A(2). pre‑poll voting office for a referendum means a place declared by the Electoral Commissioner under subsection 73AA(1) to be a pre‑poll voting office for the referendum. provisionally enrolled has the meaning given by subsection (1A). referendum means the submission to the electors of a proposed law for the alteration of the Constitution. referendum entity means a person or entity that incurs referendum expenditure during a referendum expenditure period that exceeds the disclosure threshold. referendum expenditure has the meaning given by section 3AAA. referendum expenditure period means the period: (a) starting on the day that is 6 months before the writ for a referendum is issued; and (b) ending on the voting day for the referendum. referendum matter has the meaning given by section 3AA. referendum period, in relation to a referendum, means the period commencing on the day of the issue of the writ for the referendum and ending at the latest time on the voting day for the referendum at which an elector in Australia could enter a polling booth for the purpose of voting at the referendum. registered medical practitioner means a person registered or licensed as a medical practitioner under the law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. Roll means a roll of electors kept pursuant to the Commonwealth Electoral Act 1918. scheme has the meaning given by Part XX of the Commonwealth Electoral Act 1918. Subdivision means a Subdivision of a Division referred to in paragraph 79(1)(a) of the Commonwealth Electoral Act 1918. substitute presiding officer means a person holding an appointment under section 18. Territory means the Australian Capital Territory or the Northern Territory. video recording includes a video recording that is recorded on means other than a videotape. voting day, in relation to a referendum, means the day fixed for the taking of the votes for the purposes of the referendum. (1A) A person is provisionally enrolled if: (a) the person is provisionally enrolled under section 99B of the Commonwealth Electoral Act 1918; or (b) the person is provisionally enrolled under section 38 of this Act. (2) In this Act, unless the contrary intention appears: (a) a reference to a Division shall be read as including a reference to the Northern Territory; and (b) a reference to a Subdivision shall be read as including a reference to a District of that Territory. (3) This Act extends to: (a) Norfolk Island; and (b) the Territory of Cocos (Keeling) Islands; and (c) the Territory of Christmas Island. (4) In relation to a matter concerning an elector or any other matter arising under this Act, a provision of this Act that includes the expression "the Australian Electoral Officer" without words relating the expression to a particular State or Territory shall be read as referring to the Australian Electoral Officer for the State or Territory for which the elector is enrolled or in which the matter arises, as the case requires. (5) In relation to a matter concerning an elector or any other matter arising under this Act, a provision of this Act that includes the expression "the Divisional Returning Officer" without words relating the expression to a particular Division shall be read as referring to the Divisional Returning Officer for the Division for which the elector is enrolled or in which the matter arises, as the case requires. (6) In this Act: (a) a reference to a postal vote certificate printed on an envelope is taken to include a reference to a postal vote certificate that is placed inside an envelope; and (b) a reference to an envelope on which a postal vote certificate is printed is taken to include a reference to an envelope that has a postal vote certificate placed inside. 3AA Meaning of referendum matter (1) Referendum matter means matter communicated or intended to be communicated for the dominant purpose of influencing the way electors vote at a referendum. (2) For the purposes of subsection (1), each creation, recreation, communication or recommunication of matter is to be treated separately for the purposes of determining whether matter is referendum matter. Note: For example, matter that is covered by an exception under subsection (5) when originally communicated may become referendum matter if recommunicated for the dominant purpose referred to in subsection (1). (3) If more than one proposed law for the alteration of the Constitution is submitted to electors on a day, the dominant purpose of the communication or intended communication of matter is to be determined as if all of the proposed laws submitted to electors on that day were a single referendum. Rebuttable presumption for matter that expressly promotes or opposes a proposed law (4) Without limiting subsection (1), the dominant purpose of the communication or intended communication of matter that expressly promotes or opposes a proposed law for the alteration of the Constitution, to the extent that the matter relates to a referendum, is presumed to be the purpose referred to in subsection (1), unless the contrary is proved. Matters to be taken into account (5) Without limiting subsection (1), the following matters must be taken into account in determining the dominant purpose of the communication or intended communication of matter: (a) whether the communication or intended communication is or would be to the public or a section of the public; (b) whether the matter contains an express or implicit comment on a proposed law for the alteration of the Constitution; (c) whether the communication or intended communication is or would be received by electors near a polling place; (d) how soon a referendum is to be held after the creation or communication of the matter; (e) whether the communication or intended communication is or would be unsolicited. Exception (6) Despite subsections (1) and (4), matter is not referendum matter if the communication or intended communication of the matter: (a) forms or would form part of the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or (b) is or would be by a person for a dominant purpose that is a satirical, academic, educative or artistic purpose, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or (c) is or would be a private communication by a person to another person who is known to the first person; or (d) is or would be by or to a person who is a Commonwealth public official (within the meaning of the Criminal Code) in that person's capacity as such an official; or (e) is or would be a private communication to a political entity (who is not a Commonwealth public official), within the meaning of the Commonwealth Electoral Act 1918, in relation to public policy or public administration; or (f) occurs or would occur in the House of Representatives or the Senate, or is or would be to a parliamentary committee. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). 3AAA Meaning of referendum expenditure (1) Referendum expenditure means expenditure incurred for the dominant purpose of creating or communicating referendum matter, except to the extent that the expenditure is incurred by a person or entity (the service provider): (a) in providing a communication service or communication platform that is used to create or communicate referendum matter; or (b) in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate referendum matter. (2) Expenditure may be referendum expenditure whether the expenditure is incurred for the dominant purpose of creating or communicating particular referendum matter or referendum matter generally. Note 1: For example, expenditure incurred in relation to the communication of referendum matter for which particulars are required to be notified under section 110C is referendum expenditure. Note 2: Expenditure by a person who creates matter that is covered by an exception under subsection 3AA(6) is not referendum expenditure. However, as each creation or communication of matter is treated as separate matter under subsection 3AA(2), expenditure incurred by another person who communicates the same matter for the dominant purpose referred to in subsection 3AA(1) may be referendum expenditure. (3) If more than one proposed law for the alteration of the Constitution is submitted to electors on a day, referendum expenditure is to be determined by reference to the total expenditure incurred in relation to all of the proposed laws submitted to electors on that day. 3A Extraterritorial operation of Act This Act extends to officers outside Australia. 3B Application to Crown This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence. 3C Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 4 Electors entitled to vote at a referendum (1) An elector is entitled to vote at a referendum where, if the referendum were an election, the elector would be entitled to vote at the election. (2) For the purposes of voting at a referendum: (a) applications or claims for enrolment, or transfer of enrolment, under the Commonwealth Electoral Act 1918 (including applications or claims to which subsection 99B(6) or 100(2) of that Act apply) that are received during the period (the suspension period): (i) starting at 8 pm on the day of the close of the Rolls for a referendum; and (ii) ending on the close of voting at the referendum; must not be considered until after the end of the suspension period; and (aa) a name must not be deleted from a roll or entered on another roll under section 103A of the Commonwealth Electoral Act 1918 during the suspension period; and (ab) a name must not be entered on a roll under section 103B of the Commonwealth Electoral Act 1918 during the suspension period; and (b) a name must not be removed from a roll under section 118 of the Commonwealth Electoral Act 1918 during the suspension period. 5 Australian Electoral Officer for the Australian Capital Territory (1) The Electoral Commission must, for the purposes of each referendum, appoint an Australian Electoral Officer for the Australian Capital Territory and such an appointment terminates upon the completion of the referendum. (2) The Electoral Commission may appoint a person to act as Australian Electoral Officer for the Australian Capital Territory during any period, or during all periods, when the Australian Electoral Officer for the Australian Capital Territory is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. 6 Assistant Returning Officers and Assistant Divisional Returning Officers (1) The Electoral Commissioner may, for the purposes of a referendum, appoint a person to be an Assistant Returning Officer. (2) A person appointed to be an Assistant Returning Officer may, subject to the control of the Electoral Commissioner, perform such functions and exercise such powers as are conferred on the person by this Act. (3) An appointment under subsection (1) terminates upon completion of the referendum. (4) An Assistant Divisional Returning Officer for a Subdivision may, subject to the directions of the Divisional Returning Officer for the Division in which the Subdivision is situated, perform the functions and exercise the powers of the Divisional Returning Officer in relation to that Subdivision. 6A AEC staff may act as Divisional Returning Officers or Assistant Divisional Returning Officers (1) The Electoral Commissioner may, in writing, authorise one or more persons who are members of the staff of the Electoral Commission to exercise or perform: (a) in relation to one or more specified Divisions, powers, functions or duties that are conferred on a Divisional Returning Officer for those Divisions; or (b) in relation to one or more specified Subdivisions, powers, functions or duties that are conferred on an Assistant Divisional Returning Officer for those Subdivisions. (2) An authorisation: (a) may be made subject to conditions or limitations specified in the authorisation; and (b) does not limit the power of a Divisional Returning Officer or Assistant Divisional Returning Officer (as the case requires) to act in any matter. Effect of authorisation relating to DROs (3) If an authorisation is given in relation to the powers, functions or duties of a Divisional Returning Officer for a specified Division: (a) the person authorised in relation to the Division may exercise or perform any power, function or duty of a Divisional Returning Officer for the Division, subject to: (i) any condition or limitation under paragraph (2)(a); and (ii) any direction of a Divisional Returning Officer for the Division; and (b) a reference to a Divisional Returning Officer or DRO in this Act is taken to include a reference to the person. Effect of authorisation relating to Assistant Divisional Returning Officers (4) If an authorisation is given in relation to the powers, functions or duties of an Assistant Divisional Returning Officer for a specified Subdivision: (a) the person authorised in relation to the Subdivision may exercise or perform any power, function or duty of an Assistant Divisional Returning Officer for the Subdivision, subject to: (i) any condition or limitation under paragraph (2)(a); and (ii) any direction of an Assistant Divisional Returning Officer for the Subdivision, or of a Divisional Returning Officer for the Division in which the Subdivision is situated; and (b) a reference to an Assistant Divisional Returning Officer in this Act is taken to include a reference to the person. Note: As a result of subsection 6(4), the person authorised may also exercise or perform, in relation to the Subdivision, any power, function or duty of the Divisional Returning Officer for the Division in which the Subdivision is situated. Part II—Writ for a referendum 7 Writ for a referendum Whenever a proposed law for the alteration of the Constitution is to be submitted to the electors, the Governor‑General may issue a writ for the submission of the proposed law to the electors. 8 Form of writ (1) A writ issued under section 7 may be in accordance with Form A in Schedule 1, shall be signed by the Governor‑General and shall appoint: (a) the day for the close of the Rolls; (b) the day, being a Saturday, for taking the votes of electors; and (c) the day for the return of the writ. (1A) The date fixed for the return of the writ must not be more than 100 days after the issue of the writ. (2) The Governor‑General shall cause to be attached to the writ a copy of the proposed law, or a copy of a statement setting out: (a) the text of the proposed law; and (b) the text of the particular provisions (if any) of the Constitution proposed to be textually altered by the proposed law, and the textual alterations proposed to be made therein. (3) For the purposes of this Act, a writ shall be deemed to have been issued at 6 pm of the day on which the writ was issued. 9 Day for close of Rolls and voting day (1) The day fixed for the close of the Rolls is the seventh day after the issue of the writ. (2) The day fixed for taking the votes of electors at a referendum shall be not less than 33 days and not more than 58 days after the issue of the writ. 10 Extension of time (1) In spite of any other provision of this Act, the Governor‑General may, before the voting day for a referendum, by notice published in the Gazette, fix a later day for the taking of votes of electors, either generally or for a specified Division. (2) The Electoral Commissioner shall, as soon as possible, give such notice of the fixing of the new day as he or she thinks necessary. (3) Where the voting day for a referendum is the same as the day fixed for the polling at an election and the time for holding the election is extended under section 286 of the Commonwealth Electoral Act 1918: (a) where the extension of time for holding the election relates only to a specified Division—the day on which the election is to be held in that Division shall be taken to be the voting day for the referendum in that Division; and (b) in any other case—the day on which the election is to be held shall be taken to be the voting day for the referendum. (4) In spite of any other provision of this Act, the Governor‑General may, before or after the voting day for a referendum, by notice published in the Gazette, postpone the day appointed under subsection 8(1) for the return of the writ. (5) A day to which the taking of votes or the return of the writ is postponed under this section shall, for the purposes of other provisions of this Act, be regarded as having been appointed under subsection 8(1). 11 Distribution to electors of arguments for and against proposed law (1) Where: (a) a proposed law for the alteration of the Constitution, being a proposed law passed by an absolute majority of both Houses of the Parliament, is to be submitted to the electors; and (b) within 4 weeks after the passage of that proposed law through both Houses of the Parliament, there is forwarded to the Electoral Commissioner: (i) an argument in favour of the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted for the proposed law and desire to forward such an argument; or (ii) an argument against the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted against the proposed law and desire to forward such an argument; the Electoral Commissioner shall, unless the Minister informs the Electoral Commissioner that the referendum is not to be held, not later than 14 days before the voting day for the referendum, cause to be printed and to be sent to each address to which subsection (2A) applies, as nearly as practicable, a pamphlet containing the arguments together with a statement showing the textual alterations and additions proposed to be made to the Constitution. (2) Where: (a) a proposed law for the alteration of the Constitution, being a proposed law passed by an absolute majority of one House of the Parliament only, is to be submitted to the electors; and (b) within 4 weeks after the second passage of that proposed law through that House of the Parliament, there is forwarded to the Electoral Commissioner: (i) an argument in favour of the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted for the proposed law and desire to forward such an argument; or (ii) an argument against the proposed law, consisting of not more than 2,000 words, authorized by a majority of those members of the Parliament who voted against the proposed law and desire to forward such an argument; the Electoral Commissioner shall, unless the Minister informs the Electoral Commissioner that the referendum is not to be held, not later than 14 days before the voting day for the referendum, cause to be printed and to be sent to each address to which subsection (2A) applies, as nearly as practicable, a pamphlet containing the arguments together with a statement showing the textual alterations and additions proposed to be made to the Constitution. (2A) This subsection applies to the following addresses: (a) an address that is shown on the Roll for a Subdivision; (b) an address that is not shown on the Roll for a Subdivision because of section 104 of the Commonwealth Electoral Act 1918. (2B) The Electoral Commissioner may arrange for a pamphlet referred to in subsection (1) or (2) to be sent to any other addresses that the Electoral Commissioner considers appropriate. (2C) The Electoral Commissioner may arrange for the information in a pamphlet referred to in subsection (1) or (2) to be sent to any email addresses that the Electoral Commissioner considers appropriate. (3) When there are to be referendums upon more than one proposed law on the same day: (a) the arguments in relation to all the proposed laws shall be printed in one pamphlet; (b) the argument in favour of any proposed law may exceed 2,000 words if the arguments in favour of all the proposed laws do not average more than 2,000 words each and the argument against any proposed law may exceed 2,000 words if the arguments against all the proposed laws do not average more than 2,000 words each; and (c) there may be one statement setting out all the alterations and additions proposed to be made to the Constitution by all the proposed laws, with marginal notes identifying the proposed law by which each alteration or addition is proposed to be made. (4) The Commonwealth shall not expend money in respect of the presentation of the argument in favour of, or the argument against, a proposed law except in relation to: (a) the preparation, printing and sending, in accordance with this section, of the pamphlets referred to in this section; (aa) the preparation, by or on behalf of the Electoral Commission, of translations into other languages of material contained in those pamphlets; (ab) the preparation, by or on behalf of the Electoral Commission, of presentations of material contained in those pamphlets in forms suitable for the visually impaired; (ac) the distribution or publication, by or on behalf of the Electoral Commission, of those pamphlets, translations or presentations (including publication on the internet); (b) the provision by the Electoral Commission of other information relating to, or relating to the effect of, the proposed law; or (c) the salaries and allowances of members of the Parliament, of members of the staff of members of the Parliament or of persons who are appointed or engaged under the Public Service Act 1999, including salaries, remuneration, allowances and expenses payable under the Constitution, the Parliamentary Business Resources Act 2017 and agreements for employment or engagement referred to in the Members of Parliament (Staff) Act 1984. (5) Subsection (4) applies in respect of expenditure incurred on or after the end of the day on which a proposed law to alter the Constitution passes the Parliament, as referred to in subsection (1) or (2). (6) To avoid doubt, subsection (4) does not prevent the Commonwealth from expending money in relation to neutral public civics education and awareness activities. (7) To avoid doubt, activities referred to in subsection (6) must not address the arguments for or against a proposed law for the alteration of the Constitution. (8) Subsection (4) does not prevent the Commonwealth from expending money in relation to meetings of the Constitutional Expert Group, the Referendum Engagement Group or the Referendum Working Group. (9) Subsections (5) to (8) and this subsection are repealed at the start of the polling day for the first general election of the members of the House of Representatives held after the commencement of this subsection. 12 Governor‑General to deal with writ The Governor‑General shall, immediately after the issue of a writ for a referendum: (a) cause a copy of the writ and a copy of the proposed law or of the statement (if any) attached to the writ to be forwarded to the Governors of the several States, to the Chief Minister for the Australian Capital Territory and to the Administrator of the Northern Territory; and (b) forward the original writ and a copy of the proposed law or of the statement (if any) attached to the writ to the Electoral Commissioner. 13 Action by Electoral Commissioner The Electoral Commissioner shall, immediately after receiving a writ for a referendum: (a) advise each Australian Electoral Officer of the particulars of the writ; and (b) cause to be published in the Gazette a notice setting out the particulars of the writ and a copy of the proposed law or of the statement (if any) attached to the writ. 14 Action by Electoral Officers (1) The Australian Electoral Officer for each State and Territory shall, immediately after receiving advice of the particulars of a writ for a referendum: (a) cause copies of a statement setting out the text of the proposed law and the text of the particular provisions (if any) of the Constitution proposed to be altered by the proposed law to be made available at offices of the Electoral Commission in that State or Territory and at such other places as the Electoral Commissioner directs; (b) cause a notice setting out: (i) the particulars of the writ; and (ii) a copy of the proposed law or of the statement (if any) attached to the writ; and (iii) the places at which copies of the statement referred to in paragraph (a) are available; to be inserted in: (iv) not less than 2 newspapers circulating generally in the State or Territory; or (v) if there is only one newspaper circulating generally in the State or Territory—that newspaper; and (c) advise each Divisional Returning Officer in that State or Territory of the particulars of the writ. (2) The Divisional Returning Officers of the States and the Territories shall, subject to this Act and to the directions of the Electoral Commissioner and the Australian Electoral Officers of their respective States and Territories, immediately after receiving advice of the particulars of a writ for a referendum, take all action that is necessary to be taken to carry the writ into effect. Part III—Voting at a referendum Division 1—General 15 Voting on same day throughout Australia Subject to sections 42 and 43, the voting at a referendum shall be taken throughout Australia on the day appointed by the writ for the referendum for taking the votes of the electors. 16 Polling places (1) The polling places appointed pursuant to paragraph 80(1)(a) of the Commonwealth Electoral Act 1918 shall in addition be polling places for the purposes of a referendum. (2) The Electoral Commissioner shall, on at least one occasion after the issue of a writ for a referendum but before the day fixed for taking the votes at the referendum, if it is practicable to do so, in respect of each Division cause to be published in a newspaper circulating in that Division a notice: (a) setting out all polling places in that Division; and (b) setting out all places that were, at the time of the last referendum or at the time of the last election for which a poll was taken in that Division, whichever last occurred, polling places for that Division but that have been abolished since that time. (3) Where the voting day for a referendum is the same as that fixed for the polling at an election, the publication by the Electoral Commissioner of a notice in respect of a Division under subsection 80(3) of the Commonwealth Electoral Act 1918 shall be deemed to be a publication under subsection (2) of this section. 16A Undertaking by officers and scrutineers (1) An officer to whom this subsection applies shall not begin the performance of his or her duties in relation to a referendum, other than a referendum held on the same day as an election, unless the officer has signed an undertaking in the approved form relating to that referendum. (2) Subsection (1) applies to the following officers: (a) a Divisional Returning Officer; (b) an Assistant Returning Officer; (c) an Assistant Divisional Returning Officer; (d) a presiding officer; (e) a deputy presiding officer; (f) an assistant presiding officer; (g) a substitute presiding officer; (m) a mobile polling team leader; (n) a mobile polling team member; (o) a pre‑poll voting officer. (3) A scrutineer shall not begin the performance of his or her duties unless the scrutineer has signed an undertaking in the approved form. (4) A person employed by the Electoral Commission to perform duties in connection with the conduct of a referendum not held on the same day as an election shall not begin the performance of his or her duties unless the person has signed an undertaking in the approved form. (5) The failure of a person to sign an undertaking is not a ground for setting aside the result of a referendum. 17 Arrangements for voting (1) Each Divisional Returning Officer shall, for the purposes of a referendum: (a) provide and equip proper polling booths and provide ballot‑boxes; and (b) provide ballot papers and all necessary certified lists of voters and approved lists of voters. (2) The Electoral Commission shall, for the purposes of a referendum, appoint a presiding officer to preside at each polling place and all necessary deputy presiding officers and assistant presiding officers, and such appointments shall terminate upon the completion of the referendum. (3) In any emergency on the voting day for a referendum due to the absence of any deputy presiding officer or assistant presiding officer, or to any unforeseen and continued pressure at the voting that cannot be met by the duly appointed officers, a presiding officer may appoint any person to act as deputy presiding officer or assistant presiding officer, and a person so appointed shall, if the Electoral Commission afterwards ratifies the appointment, be deemed to have been duly appointed. (4) A person who is under the age of 18 years shall not be appointed to be a presiding officer, deputy presiding officer or assistant presiding officer. (5) A deputy presiding officer or assistant presiding officer may, subject to the directions of the presiding officer, exercise all or any of the powers of the presiding officer, and shall, in respect of the exercise of those powers, be deemed to be the presiding officer. (7) The polling booths and ballot‑boxes provided for the purposes of a referendum may be used for the purposes of an election held on the same day, but the ballot papers for the election and the referendum shall be distinctively coloured. 18 Substitute for presiding officer (1) During a temporary absence of a presiding officer, the duties of the presiding officer may be performed by a person appointed for the purpose by the presiding officer. (2) A person so appointed has all the powers of the presiding officer. 19 Ballot‑boxes (1) Each polling booth shall be provided with the necessary ballot‑boxes. (2) Each ballot‑box shall be capable of being securely fastened. 20 Separate voting compartments Polling booths must have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot papers, and each voting compartment must have an implement or method for voters to mark their ballot papers. 21 Use of licensed premises as polling booth Premises licensed for the sale of intoxicating liquor may be used for the purpose of a polling booth if, and only if, the Electoral Commissioner declares, in writing, that he or she is satisfied that, during the hours of voting at a referendum: (a) intoxicating liquor will not be available for sale or consumption on the part of the premises proposed for use for the purpose of a polling booth; and (b) the part of the premises proposed for use for the purpose of a polling booth will be segregated from the part of the premises where intoxicating liquor will be available for sale or consumption; and (c) access to the part of the premises proposed for use for the purpose of a polling booth will not involve passing through the part of the premises where intoxicating liquor will be available for sale or consumption. 22 Certified lists of voters (1) The Electoral Commissioner must arrange for the preparation of a list of voters for each Division and must certify the list. (2) The list must include the name of each person who: (a) is on the Roll for the Division; and (b) will be at least 18 years old on voting day; and (c) is not covered by subsection 93(8AA) of the Commonwealth Electoral Act 1918 (sentences of imprisonment). (2A) The list must also include the sex and date of birth of each person whose name is included in the list. (2B) The list must not include the address of a person who is on the Roll for the Division if the person is a designated elector. (3) The Electoral Commissioner must arrange for the delivery to the presiding officer at each polling place, before the start of voting, of a copy of the certified list of voters for the Division for which the polling place is appointed. (4) The Electoral Commissioner must also arrange for a copy of the certified list of voters for a Division to be delivered to each place at which pre‑poll ordinary voting is, under section 73CD (but disregarding subsection 73CD(4)), available to voters enrolled for the Division. 22A Approved list of voters (1) The Electoral Commissioner may arrange for the preparation of an approved list of voters for a Division. (2) If the Electoral Commissioner thinks an approved list of voters for a Division should be available for an officer to use in connection with voting under this Act, the Electoral Commissioner must arrange for the list to be made available to the officer in time for that use. 23 Election and referendum on the same day Where the voting day for a referendum is the same as that fixed for the polling at an election: (a) a person appointed to be an Australian Electoral Officer for a Territory or a presiding officer, deputy presiding officer, substitute presiding officer or assistant presiding officer for the purposes of the polling at the election shall be deemed to be an Australian Electoral Officer for that Territory or a presiding officer, deputy presiding officer, substitute presiding officer or assistant presiding officer, as the case may be, for the purposes of the referendum; (b) the same polling booths and ballot‑boxes may be used for the purposes of both the election and the referendum, but if the same ballot‑boxes are used, the ballot papers for the referendum shall be of a different colour to the ballot papers for the election; and (c) the same certified lists of voters and approved lists of voters may be used for the purposes of both the election and the referendum. 24 Manner of voting The voting at a referendum shall be by ballot and each elector shall indicate his or her vote: (a) if the elector approves the proposed law—by writing the word "Yes" in the space provided on the ballot paper; or (b) if the elector does not approve the proposed law—by writing the word "No" in the space so provided. Note: See also subsection 93(9) for when votes are formal. 25 Forms of ballot paper (1) Subject to this section, the ballot papers to be used in a referendum shall: (a) be in accordance with Form B in Schedule 1; and (b) have a buff background colour. (2) Subject to subsection (3A), where 2 or more referendums are held on the same day, the ballot papers for each referendum shall be printed on one piece of paper and shall be in accordance with Form C in Schedule 1. (3) Where 2 or more ballot papers are printed on one piece of paper as mentioned in subsection (2): (a) it is not necessary for the initials of a presiding officer or polling official to appear more than once on the piece of paper; (b) the presence of any mark or writing on the piece of paper by which a voter can be identified invalidates all the ballot papers and all the votes on the piece of paper; and (c) a ground of informality (other than the ground referred to in paragraph (b)) applies only to the particular ballot paper and vote to which it relates, and does not affect the validity of any other ballot paper or vote. (3A) If: (a) the Minister gives a written notice to the Electoral Commissioner that identifies 2 or more proposed laws; and (b) referendums are to be held on the same day (the referendum day) in relation to 2 or more of the proposed laws identified in the notice; and (c) the notice under paragraph (a) is given to the Electoral Commissioner at least 28 days before the issue of the writs for those referendums; then: (d) the ballot papers for each referendum held on the referendum day must be printed on separate pieces of paper; and (e) for each of those referendums, the ballot papers must be of a different colour, chosen by the Electoral Commissioner. (5) Before issuing a ballot paper for use at a referendum, an officer shall, if the name of the State or Territory printed on the ballot paper is not the name of the State or Territory in which the referendum is to be held, strike out that name and insert the name of the State or Territory in which the referendum is to be held. 25A Official mark The official mark for the authentication of ballot papers is either: (a) a water mark consisting of a representation of a shield having within it the letters "CA" intertwined; or (b) a feature of the ballot paper approved by the Electoral Commissioner. 25B Administrative markings (1) The Electoral Commissioner may also provide for a ballot paper to be marked with any other mark that the Electoral Commissioner thinks fit to assist in the administration of the referendum. (2) A mark under subsection (1) does not need to be printed in black typeface. (3) To avoid doubt, this section does not authorise a mark to be made that enables the identification of an elector or that identifies the personal information (within the meaning of the Privacy Act 1988) of an elector. Note: An officer who marks a ballot paper enabling an elector to be identified may commit an offence under subsection 93(7). 26 Ballot papers to be initialled (1) Each presiding officer or polling official must place his or her initials on the top of the front of each ballot paper before handing the ballot paper to a person claiming to vote. (2) Each presiding officer shall cause to be kept an exact account of all ballot papers so initialled. (3) To avoid doubt, this section also applies to a ballot paper that is a photocopy of an original ballot paper. 27 Appointment of scrutineers (1) The Governor‑General, or a person authorized by him or her to act under this subsection, may appoint one person to act as a scrutineer during voting at a referendum at each place in Australia where voting is being conducted. (2) The Governor of a State, or a person authorized by him or her to act under this subsection, may appoint one person to act as a scrutineer during the voting at a referendum at each place in that State where voting is being conducted. (2A) The Chief Minister for the Australian Capital Territory, or a person authorised by him or her to act under this subsection, may appoint one person to act as a scrutineer during the voting at a referendum at each place in the Territory where voting is being conducted. (3) The Administrator of the Northern Territory, or a person authorized by him or her to act under this subsection, may appoint one person to act as a scrutineer during the voting at a referendum at each place in the Northern Territory where voting is being conducted. (4) The registered officer of a registered political party may appoint persons to act as scrutineers during voting at a referendum at each place in Australia where voting is being conducted, but not more than one scrutineer for each party shall be allowed at each polling booth at any one time. (4A) A scrutineer appointed under this section must be appointed in the approved form. (5) In this section: registered officer, in relation to a registered political party, has the same meaning as the expression has in Part XIV of the Commonwealth Electoral Act 1918 by virtue of section 4C of that Act. registered political party has the same meaning as in the Commonwealth Electoral Act 1918. 28 Provisions relating to scrutineers (1) A scrutineer appointed under section 27 shall not: (a) interfere with or attempt to influence any elector within a polling booth; or (b) communicate with any person in a polling booth except so far as is necessary in the discharge of his or her functions. Penalty: Imprisonment for 6 months or 10 penalty units, or both. (2) A scrutineer appointed under section 27 shall not be prevented from entering or leaving a polling booth during the voting at a referendum. (2A) A person who is in a polling booth in the capacity of a scrutineer shall wear a badge, supplied by the Electoral Commission, that identifies the person as a scrutineer. (3) A scrutineer appointed under section 27 who commits any breach of this section, or who is guilty of misconduct at a polling booth, or who fails at a polling booth to obey the lawful directions of the presiding officer at the polling booth, may be removed from the polling booth by any constable or by a person authorized by the presiding officer to remove the scrutineer. 29 Voting at a referendum (1) The voting at a referendum shall be conducted as follows: (a) before any vote is taken at a polling booth, the presiding officer at that polling booth shall exhibit each ballot‑box that is to be used for the referendum empty, and shall then securely fasten its cover; (b) each polling booth shall open at 8 am on the voting day and shall not close until all the electors who are present in the polling booth at 6 pm on the voting day and who desire to vote at the referendum have voted; (c) the doors of each polling booth shall be closed at 6 pm on the voting day and no person shall be admitted to the polling booth after that hour for the purpose of voting; (d) except where the scrutiny is to be proceeded with immediately after the close of voting at a polling booth, at the close of the voting each presiding officer at a polling booth shall, in the presence of a polling official and of any scrutineers appointed under section 27 who are at the polling booth, close, fasten, seal and take charge of each ballot‑box used for the referendum and with the least possible delay forward the ballot‑box for the purpose of scrutiny. (2) A ballot‑box used for a referendum shall not be opened except in accordance with this Act or, if the ballot‑box has been used for both the referendum and an election, in accordance with this Act or the Commonwealth Electoral Act 1918. 30 Questions to be put to voter (1) The presiding officer or a polling official must put to each person attending before the officer or official, and claiming t