Queensland: Referendums Act 1997 (Qld)

Referendums Act 1997 An Act to provide for the conduct of a referendum, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Referendums Act 1997. 2 Dictionary The dictionary in schedule 3 defines particular words used in this Act. 3 Function of the commission The commission has the continuing function of making appropriate administrative arrangements for the conduct of referendums. Note— See the Electoral Act 1992, section 7(1)(j). Part 2 Writ for a referendum 4 Writ for a referendum (1) The commission must conduct a referendum if the Governor issues a writ for a referendum to the commission under section 5. (2) The commission must conduct the referendum in accordance with the writ and this Act. 5 Writ by Governor The Governor may issue a writ for a referendum if— (a) a Bill is to be submitted to the electors; or (b) the Legislative Assembly has resolved that a question be submitted to the electors. 6 Form and content of writs (1) A writ must be issued— (a) for a referendum to submit a Bill to the electors—in form 1; or (b) for a referendum to submit a question to the electors—in form 2. (2) A writ must state the following— (a) the day of its issue; (b) the cut-off day for electoral rolls for the referendum, which must be not less than 5 days, or more than 7 days, after its issue; (c) the polling day for the referendum, which must be a Saturday not less than 26 days, or more than 70 days, after its issue; (d) the return day for the writ, which must be not more than 84 days after its issue. (3) For deciding the cut-off day, polling day or return day, that day and the day of issue of the writ are both to be included in any number of days specified in subsection (2)(b) to (d). (4) Subsection (3) applies despite the Acts Interpretation Act 1954, section 38. (5) Subsection (2)(c) applies subject to another Act that has specific provision for the time for taking a poll for a particular referendum. Editor's note— See, for example, the Constitution Act 1867, section 53 and the Constitution Act Amendment Act 1934, section 3. 7 Attachment to writ There must be attached to the writ— (a) for a referendum to submit a Bill to the electors—a copy of the Bill; or (b) for a referendum to submit a question to the electors—a statement of the question. 8 Commission to publish writ and prepare for referendum On receiving a writ, the commission must— (a) publish a copy of the writ in the gazette; and (b) advertise the days stated in the writ in other ways the electoral commissioner considers appropriate; and (c) give a copy of the writ and the attached Bill or statement of the question to the returning officer of each electoral district; and (d) make available for inspection by anyone, without fee, a copy of the writ and the text of the attached Bill or question at offices of the commission and anywhere else the commission considers appropriate; and (e) make appropriate arrangements for the conduct of the referendum. 9 Governor's powers for referendum (1) The Governor may by gazette notice— (a) substitute a later day for a day stated under section 6(2) in the writ for a referendum, either generally or for a stated electoral district; or (b) provide for anything to be done to overcome any difficulty that might otherwise affect the referendum. Example of subsection (1)(a)— If a writ for a referendum has issued and a writ for an election subsequently issues, the dates mentioned in section 6(2) may be extended to enable the polling day for the referendum and for the election to coincide. (2) A gazette notice substituting a cut-off day for electoral rolls or return day for the writ may be published before, on or after the cut-off day or return day stated in the writ. (3) A gazette notice substituting a polling day for a referendum— (a) must be published before the polling day stated in the writ; and (b) must not substitute a day for the polling day that is more than 21 days after the polling day stated in the writ. Part 3 Statements of arguments 10 Purpose of part This part provides mainly for the way arguments in favour of or against a Bill or question that is to be submitted to electors at a referendum (the Bill or question) are authorised by members and distributed or published by the commission. 11 When must an argument in favour of or against the Bill or question be published (1) An argument in favour of or against the Bill must be distributed or published by the commission under section 12 if the argument is— (a) not more than 1,000 words; and (b) authorised under subsection (2); and (c) forwarded to the commission by members within 4 weeks after the passage of the Bill. (2) The argument must be authorised by— (a) for an argument in favour of the Bill or an argument against the Bill, if all the members voting voted for the Bill—a majority of the members who wish to forward the argument to the commission; or (b) for an argument in favour of the Bill, if paragraph (a) does not apply—a majority of the members who voted for the Bill and wish to forward the argument to the commission; or (c) for an argument against the Bill, if paragraph (a) does not apply—a majority of the members who voted against the Bill and wish to forward the argument to the commission. (3) An argument in favour of or against the question must be distributed or published by the commission under section 12 if the Legislative Assembly resolves that the question be submitted to the electors and the argument is— (a) not more than 1,000 words; and (b) authorised under subsection (4); and (c) forwarded to the commission by members within 4 weeks after the Assembly's resolution. (4) The argument must be authorised by— (a) for an argument in favour of a 'yes' answer or a 'no' answer to the question, if all the members voting voted in favour of the 'yes' answer—a majority of the members who wish to forward the argument to the commission; or (b) for an argument in favour of a 'yes' answer to the question, if paragraph (a) does not apply—a majority of the members who voted in favour of the 'yes' answer and wish to forward the argument to the commission; or (c) for an argument in favour of a 'no' answer to the question, if paragraph (a) does not apply—a majority of the members who voted against the 'yes' answer and wish to forward the argument to the commission. 12 How an argument for or against the Bill or question is distributed or published (1) If— (a) an argument is forwarded to the commission under section 11; and (b) a majority of the members who authorised the argument ask the commission to post the argument to each elector; the commission must, not later than 14 days before the polling day for the referendum, print and post to each elector a pamphlet containing the argument and, if another argument was forwarded to the commission under section 11, the other argument. (2) Also, the commission must publish any argument forwarded to it under section 11— (a) at least twice before the polling day for the referendum in a newspaper circulating throughout the State, including on the day before the polling day; and (b) on the commission's website. (3) If more than 1 argument is required to be published under subsection (2), the arguments must be published at the same time. (4) If more than 1 argument is published in the same pamphlet or newspaper, the format and printing style used must not unfairly favour 1 argument. 13 More than 1 referendum on the same day (1) This section applies if more than 1 referendum is to be held on the same day. (2) All arguments required to be published under section 12(1) or (2) in a pamphlet or newspaper must be published in the same pamphlet or newspaper at the same time. (3) An argument in favour of a particular Bill or question may be more than 1,000 words if the average number of words for all arguments in favour of the Bills and questions is not more than 1,000. (4) An argument against a particular Bill or question may be more than 1,000 words if the average number of words for all arguments against the Bills and questions is not more than 1,000. (5) Subsections (3) and (4) have effect despite section 11(1)(a) or section 11(2)(a). 14 Limitation on expenditure by State The State must not spend money on the presentation of arguments about Bills or questions that are to be submitted to electors at a referendum other than— (a) to prepare and publish a newspaper notice under section 12(2); and (b) to prepare, print and distribute pamphlets under section 12(1), or prepare, print and distribute the pamphlets in languages other than English; and (c) to enable the commission to provide other publications or information about the Bill or question; and (d) to provide for the salaries and allowances of members and their staff and of officers of the public service. Part 4 Voting and conduct of referendums Division 1AA Preliminary 14A Particular references relating to an electoral district For this part— (a) a reference to an electoral district in relation to an elector is a reference to the electoral district for which the elector is enrolled; and (b) a reference to a polling booth established for an electoral district, or otherwise in relation to an electoral district, is a reference to a polling booth at which an ordinary vote for the electoral district may be made; and (c) a reference to a returning officer in relation to an elector is a reference to the returning officer for the electoral district for which the elector is enrolled. Division 1 Arrangements for referendums 15 Setting up and operating polling booths (1) The commission must ensure that appropriate polling booths are established for electoral districts for referendums. (2) In deciding the number, kind and location of polling booths, the commission must take into account, in addition to any other relevant matters, the desirability of the booths being— (a) the same as polling booths for the Electoral Act 1992; and (b) accessible to electors with disabilities. (3) The commission must ensure that each polling booth is provided with an adequate number of voting compartments and ballot papers. (4) The commission must advertise, in the ways the commission considers appropriate, including, for example, on the commission's website, the following information about each polling booth for a referendum— (a) the electoral districts for which an ordinary vote may be made at the polling booth; (b) the location of the polling booth; (c) the voting hours of the polling booth. (5) The commission must not— (a) establish a polling booth on the polling day for a referendum; or (b) abolish a previously established ordinary polling booth during the period starting when the writ for a referendum is issued and ending on the polling day, unless it is necessary to do so for circumstances beyond the commission's control. (6) The commission must advertise the establishment and abolition of ordinary polling booths in the ways the commission considers appropriate, including, for example, on the commission's website. (7) The commission must ensure that— (a) electors are allowed to enter ordinary polling booths between 8a.m. and 6p.m. on the polling day and to stay until they have voted; and (b) electors mentioned in section 16(4) and (6) are allowed to enter mobile polling booths, at times decided in writing by the commission, during the period referred to in the subsections and to stay until they have voted. 16 Kinds of polling booths (1) There are 3 kinds of polling booths— (a) ordinary polling booths; and (b) mobile polling booths; and (c) pre-poll voting offices. (2) An ordinary polling booth is a building or other structure, or a part of a building or other structure, that the commission arranges to be available on the polling day for a referendum to enable electors in general to vote. (3) A mobile polling booth is— (a) an institution declared under subsection (4) to be a mobile polling booth; or (b) a building, structure, vehicle or other place declared under subsection (6) to be a mobile polling booth. (4) If the commission considers that patients or residents of an institution should be able to vote at the institution, the commission may declare the institution to be a mobile polling booth for the referendum. (5) If the commission declares the institution to be a mobile polling booth, the person in charge of the institution must allow access by members of the commission's staff, and by patients, residents or inmates of the institution, to enable voting to take place at the referendum. (6) If the commission considers an area is too remote to have enough electors to establish an ordinary polling booth, the commission may— (a) arrange for a building, structure, vehicle or other place to be available as a mobile polling booth for electors in the area to vote at the referendum; and (b) declare the building, structure, vehicle or other place to be a mobile polling booth for the referendum. (7) The commission, a returning officer or an issuing officer may change the arrangements made under subsection (6) at any time. (8) If the arrangements are changed, the commission, returning officer or issuing officer must take the steps that are practical and appropriate to give public notice of the changed arrangements. (9) The result of the referendum is not invalidated only because an issuing officer failed to visit a mobile polling booth as arranged. (10) A declaration made under subsection (4) or (6) must state— (a) the electoral districts for which electors may make an ordinary vote at the mobile polling booth; and (b) the days, during the period that starts 11 days before polling day and ends at 6p.m. on polling day, on which electors may vote at the mobile polling booth; and (c) the voting hours for the mobile polling booth on those days. (11) The commission must publish a declaration made under subsection (4) or (6), and otherwise advertise the information about the mobile polling booths stated in the declaration, in the ways the commission considers appropriate, including, for example, on the commission's website. 16A Pre-poll voting offices (1) The commission may declare for a referendum— (a) a stated place (a pre-poll voting office) to be a place where an elector may— (i) make a pre-poll ordinary vote for the referendum; or (ii) make a declaration vote for the referendum; and (b) the electoral districts for which a pre-poll ordinary vote may be made at the place; and (c) the times during which electors are allowed to make a vote at the place. (2) The commission must publish a declaration under subsection (1), and otherwise advertise the information about the pre-poll voting offices stated in the declaration, in the ways the commission considers appropriate, including, for example, on the commission's website. 16B Suspension of poll (1) A returning officer may suspend the poll at a polling booth on polling day for not more than 4 hours if the returning officer is satisfied the taking of the poll is, or is likely to be, temporarily interrupted or obstructed by— (a) a serious threat of a riot or open violence happening; or (b) a serious risk to the health or safety of persons at the polling booth; or (c) another emergency. (2) The returning officer must ensure an elector who attends the polling booth while the poll is suspended is given information to assist the elector to vote at the referendum, including— (a) the time the poll is expected to resume at the polling booth; and (b) the location of other polling booths. (3) The returning officer must adjourn the conduct of the poll at the polling booth if— (a) for any reason, taking of the poll at the polling booth can not resume on polling day; or (b) the returning officer is satisfied that it is unreasonable for an elector who would have otherwise cast a vote at the polling booth while it was suspended to have cast a vote at another polling booth. 17 Adjournment of poll at polling booth (1) A returning officer may adjourn the poll at a polling booth to another day if the returning officer is satisfied the taking of the poll at the polling booth is, or is likely to be, interrupted or obstructed by a thing stated in subsection (2) to the extent that the taking of the poll can not start or continue at the polling booth. (2) For subsection (1), the things are as follows— (a) a storm, flood, fire or similar happening; (b) a riot or open violence; (c) a serious threat of a riot or open violence happening; (d) a serious risk to the health or safety of persons at the polling booth; (e) another emergency. (3) If the poll is adjourned under subsection (1) or section 16B(3), the commission must fix a day (not later than 34 days after the polling day) for taking, or resuming, the adjourned poll. (4) The commission must give notice of the day fixed for taking, or resuming, the adjourned poll on the commission's website and in other ways the commission considers appropriate. (5) If an adjourned poll is held, only electors who are enrolled in the electoral district for which the polling booth is established and who have not already voted, are entitled to vote. (6) If a poll is adjourned under subsection (1) and the commission is satisfied that the number of votes likely to be cast at the polling booth will not affect the overall referendum result, the commission may abandon the poll at the polling booth. (7) The adjourned poll is taken to have been held on the polling day. 17A Supply of electoral rolls and ballot papers (1) The commission must ensure that a sufficient number of the following are available for the referendum at each polling place— (a) certified copies of the electoral roll for each electoral district as at 6p.m. on the cut-off day for electoral rolls; (b) ballot papers. (2) Without limiting subsection (1)(a), a certified copy of the electoral roll for an electoral district is available at a polling place if— (a) a certified copy of the electoral roll can be accessed electronically from the polling place; and (b) an issuing officer at the polling place can use the certified copy to make an electronic record of the persons to whom a ballot paper is issued. (3) Without limiting subsection (1)(b), a ballot paper is available at a polling place if a ballot paper can be reproduced at the place under section 18A. 18 Form of ballot papers (1) Ballot papers for voting at the referendum for an electoral district, other than a completed ballot paper printed for an electronically assisted vote, must— (a) be in form 3 for a referendum to submit a Bill to the electors or form 4 for a referendum to submit a question to the electors; and (b) be of a material and opacity that, when folded, effectively conceals the way the elector voted; and (c) for a ballot paper other than a ballot paper reproduced under section 18A, be attached to a butt that— (i) is not part of the ballot paper; and (ii) is perforated in a way that allows the ballot paper to be easily detached from it; and (iii) states the name of the electoral district; and (d) contain a square opposite the words 'YES' and 'NO'; and (e) show the name of the State, the name of the electoral district and the day of the referendum. (2) For ballot papers to which subsection (2) applies, if 2 or more referendums are held on the same day, the ballot papers for each referendum must be printed on 1 piece of paper and must be in form 5. (3) A completed ballot paper printed for an electronically assisted vote must— (a) be of a size or format that enables the elector's electronically assisted vote to be accurately determined; and (b) state the name of the State, the name of the electoral district for which the vote is cast and the day of the referendum. 18A Ballot papers may be reproduced if required (1) This section applies if a polling place does not have, or runs out of, ballot papers for an electoral district. (2) An issuing officer at the polling place may reproduce a ballot paper, including, for example, by photocopying, handwriting or printing the ballot paper. (3) Section 18(1) applies to a ballot paper reproduced under this section. (4) The issuing officer must keep a record of the number of ballot papers for an electoral district the officer reproduces under this section. 19 Scrutineers (1) Each member may, by notice given to a member of the commission's staff, appoint adults as scrutineers for a referendum. (2) Scrutineers are entitled to be present in each ordinary polling booth, mobile polling booth and pre-poll voting office at times when electors are allowed to vote at the place. (3) Scrutineers are also entitled to be present— (a) beforehand at polling places— (i) to inspect ballot boxes; and (ii) to examine declaration envelopes received before 6p.m. the day before the polling day; and (b) afterwards at polling places and elsewhere to observe the examination of declaration envelopes, the printing of completed ballot papers for electronically assisted votes and the counting of votes; and (c) at a place to observe any part of a procedure for making an electronically assisted vote. (4) At a polling place during times when electors are allowed to vote and beforehand, each member is entitled to have 1 scrutineer present for each issuing officer at the place. (5) At the examination of declaration envelopes and the counting of votes, including electronically assisted votes, each member is entitled to have 1 scrutineer present for each member of the commission's staff at the place. (6) A scrutineer may— (a) object to the entitlement of a person to vote at the referendum; or (b) do anything else permitted by this Act. (7) Issuing officers at a polling place must, before voting starts, allow scrutineers to inspect the ballot boxes that are to be used for voting at the place. (8) Each scrutineer must carry adequate identification to show that the person is a scrutineer. (9) Each member is taken to be a scrutineer under this Act. 20 Correction of errors (1) If there is a delay, error or omission in or in relation to the preparation, issue or return of any writ, it may be corrected by gazette notice by the Governor stating what is to be done. (2) If there is a delay, error or omission in or in relation to the preparation, issue, sending or return of any electoral roll, ballot paper or other document (apart from a writ), it may be corrected by a gazette notice by the commission stating what is to be done. Division 2 Who may vote at a referendum 21 Who may vote (1) The following persons are the only persons who are entitled to vote at a referendum— (a) persons enrolled on the electoral roll for an electoral district; (b) persons who are not enrolled, but are entitled to be enrolled on the electoral roll for an electoral district because of the Electoral Act 1992, section 64(1)(a)(ii); (c) persons whose names are not on the electoral roll for an electoral district because of official error; (d) persons who— (i) are not enrolled on the electoral roll for any electoral district but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for an electoral district; and (ii) after 6p.m. on the cut-off day for electoral rolls for the referendum and no later than 6p.m. on the day before the polling day, give the commission or an electoral registrar for the district a notice under the Electoral Act 1992, section 65. (2) A person is not entitled to vote more than once at a referendum. (3) Also, a person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at a referendum. (4) For subsection (3), a person is serving a sentence of imprisonment only if— (a) the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and (b) the detention is attributable to the sentence of imprisonment concerned. (5) To enable the commission to decide the persons who are not entitled to vote because of subsection (3), the commission may ask the chief executive (corrective services) to give the commission information about persons who are serving sentences of imprisonment for offences against the law of the Commonwealth or of a State or Territory. (6) The chief executive (corrective services) must give the commission the information as soon as practicable after receiving the request. (7) Subsection (6) has effect despite the provisions of any other Act that would otherwise permit or require the chief executive (corrective services) to refuse the commission's request. Division 3 How voting takes place at a referendum Subdivision 1 Ordinary voting 22 Procedure for voting (1) An elector is to vote by following the procedures stated in this section unless the elector— (a) makes a pre-poll ordinary vote under section 24C; or (b) makes, or must make, a declaration vote under subdivision 2; or (c) makes an electronically assisted vote under subdivision 2A. (2) The elector is to enter— (a) if the vote is to be taken at an ordinary polling booth—an ordinary polling booth for the elector's electoral district during ordinary voting hours; or (b) if the vote is to be taken at a mobile polling booth declared for an institution or arranged for an area—the mobile polling booth during the times decided by the commission under section 15(7)(b). (3) In the polling booth, the elector is to request a ballot paper for the electoral district from an issuing officer. (4) If the elector has a ballot paper for the electoral district and declaration envelope for the referendum given to the elector under section 30 and does not intend to make a declaration vote under subdivision 2, the elector must give the ballot paper and declaration envelope to the issuing officer. (5) The issuing officer must issue a ballot paper for the electoral district to a person who asks for a ballot paper only if the issuing officer is satisfied that the person is entitled to vote at the referendum for the electoral district. (6) The issuing officer may question a person requesting a ballot paper to decide whether the person is entitled to vote at the referendum for the electoral district. (7) If, after asking questions under subsection (6), the issuing officer suspects that a person claiming to be a particular elector is not the elector, the issuing officer must comply with section 32. (8) The issuing officer must keep a record of all persons to whom the officer issues ballot papers under this section. (9) The issuing officer must, if a scrutineer requests it, keep a record of an objection by the scrutineer to the entitlement of a person to vote. (10) On being given the ballot paper, the elector must, without delay— (a) go alone to an unoccupied voting compartment in the polling booth; and (b) there, in private, mark a vote on the ballot paper in accordance with section 33; and (c) fold the ballot paper to conceal the vote and put it in a ballot box in the polling booth; and (d) leave the polling booth. 23 Help to enable electors to vote at polling booths (1) If an elector satisfies an issuing officer that the elector is unable to vote without help, the elector may be accompanied in the polling booth by another person chosen by the elector. (2) The other person may help the elector, but only in the following ways— (a) by acting as an interpreter; (b) by explaining the ballot paper and the requirements of section 33 relating to its marking; (c) by marking, or helping the elector to mark, the ballot paper in the way the elector wishes; (d) by folding the ballot paper and putting it in the ballot box. (3) If an elector (including an elector who makes or must make a declaration vote)— (a) is unable to enter a polling booth because of illness, disability or advanced pregnancy; and (b) is able to come to a place (the voting place) close to the polling booth; the issuing officer may perform the issuing officer's functions and the elector may vote at the voting place as if it were the polling booth. (4) However, the issuing officer must— (a) before taking any action under subsection (3), inform any scrutineers present of the proposed action; and (b) allow only 1 scrutineer for each member to be present at the voting place; and (c) ensure that, after the ballot paper is marked, it is— (i) folded to conceal the vote; and (ii) put into an envelope and sealed; and (d) if the elector has made an ordinary vote—open the envelope inside the polling booth in the presence of any scrutineers and put the folded ballot paper in a ballot box. 24 Help to enable electors to vote at hospitals (1) If a polling booth is a hospital or part of a hospital, an issuing officer may visit patients in the hospital or the part of the hospital to enable them to vote. (2) When visiting a patient, the issuing officer must— (a) take to the patient— (i) a ballot paper or a ballot paper and declaration envelope; and (ii) a ballot box; and (iii) anything else necessary to enable the patient to vote; and (b) if a scrutineer wishes—be accompanied by the scrutineer. (3) The issuing officer must ensure that, so far as reasonably practicable, section 22 is complied with when the patient votes. Subdivision 1A Pre-poll ordinary voting 24A Pre-poll ordinary voting (1) This section applies to an elector, other than one who must make a declaration vote under subdivision 2, who wishes to vote— (a) before the polling day for a referendum; and (b) other than by making a declaration vote under subdivision 2. (2) If there is a pre-poll voting office for the elector's electoral district, the elector may make a vote under section 24C (a pre-poll ordinary vote). 24B [Repealed] 24C Procedure for pre-poll ordinary voting (1) An elector who wishes to vote during the period beginning 3 days after the cut-off day for electoral rolls for the referendum and ending at 6p.m. on the day before polling day may make a pre-poll ordinary vote by following the procedures stated in this section. (2) The elector is to go to a pre-poll voting office for the elector's electoral district. (3) At the pre-poll voting office, the elector must ask the issuing officer for a ballot paper for the electoral district. (4) If the elector— (a) has a ballot paper for the electoral district and declaration envelope for the referendum; and (b) does not intend to make a declaration vote under subdivision 2; the elector must give the ballot paper and declaration envelope to the issuing officer. (5) The issuing officer must issue a ballot paper for the electoral district to a person if the issuing officer is satisfied the person is entitled to vote at the referendum for the electoral district. (6) The issuing officer may ask questions of a person requesting a ballot paper for the purpose of deciding whether the person is entitled to vote at the referendum for the electoral district. (7) The issuing officer must comply with section 32 if the issuing officer has asked questions under subsection (6) and suspects a person claiming to be a particular elector is not the elector. (8) The issuing officer must keep a record of all persons to whom the officer issues ballot papers under this section. (9) The issuing officer must, if a scrutineer requests it, keep a record of any objection by the scrutineer to the entitlement of a person to vote. (10) On being given the ballot paper, the elector must, without delay— (a) go alone to an unoccupied voting compartment in the pre-poll voting office; and (b) there, in private, mark a vote on the ballot paper in accordance with section 33; and (c) fold the ballot paper to conceal the vote and put it in a ballot box in the pre-poll voting office; and (d) leave the pre-poll voting office. 24D Help to enable electors to vote at pre-poll voting offices (1) Subject to subsection (2), if an elector satisfies an issuing officer that the elector can not vote without help, the elector may be accompanied in the pre-poll voting office by another person chosen by the elector. (2) The other person may help the elector in any of the following ways— (a) acting as an interpreter; (b) explaining the ballot paper and the requirements of section 33 relating to its marking; (c) marking, or helping the elector to mark, the ballot paper in the way the elector wishes; (d) folding the ballot paper and putting it in the ballot box. (3) If an elector can not enter a pre-poll voting office because of illness, disability or advanced pregnancy, but can come to a place (the voting place) close to the pre-poll voting office, then, subject to subsection (4)— (a) the issuing officer may perform the issuing officer's functions; and (b) the voter may vote; at the voting place as if it were the pre-poll voting office. (4) The issuing officer must— (a) before taking any action under subsection (3), inform any scrutineers present of the proposed action; and (b) ensure that, after the ballot paper is marked, it is— (i) folded to conceal the vote; and (ii) put into an envelope and sealed; and (c) open the envelope inside the pre-poll voting office in the presence of any scrutineers and put the folded ballot paper in a ballot box. Subdivision 2 Declaration voting 25 Who may make a declaration vote (1) The following electors may make a declaration vote— (a) an elector who wishes to make a declaration vote before the polling day for a referendum; (b) an elector who is a special postal voter; Note— See subsection (2) and the Electoral Act 1992, section 114(2). (c) an elector who is an electoral visitor voter under subsection (3). Note— See subsection (3) and the Electoral Act 1992, section 114(3). (2) An elector is a special postal voter for this Act if the elector would be a special postal voter for an election under the Electoral Act 1992. (3) The following electors are electoral visitor voters for this Act— (a) an elector who will, because of illness, disability or advanced pregnancy, be prevented from voting at a polling booth; (b) an elector who will, because the elector is caring for a person who is ill, has a disability or is pregnant, be prevented from voting at a polling booth. 26 Who must make a declaration vote The following electors must make a declaration vote— (a) an elector who wishes to vote by going on the polling day for the referendum to a polling booth that has not been established for the elector's electoral district; (b) an elector who wishes to vote at a polling booth described in section 16(4) or (6) that has not been established for the elector's electoral district; (c) an elector whose name is not on the electoral roll for an electoral district because of an official error; (d) an elector who goes on a polling day to a polling booth but is not able to make an ordinary vote at the polling booth for a reason that is beyond the elector's control; Example of a reason beyond an elector's control why the elector cannot make an ordinary vote— an electronic copy of the electoral roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector's name is on the electoral roll for the electoral district (e) an elector to whom section 21(1)(b) or (d) applies; (f) an elector who is serving a sentence of imprisonment, or is otherwise detained in lawful custody, on the polling day; (g) an elector who appears from a record made in error to have already voted in the referendum for any electoral district; (h) an elector who is given a ballot paper and declaration envelope under section 32. 27 Ways in which an elector may make a declaration vote (1) An elector who may or must make a declaration vote must do so by— (a) if the elector is unable to enter a polling booth because of illness, disability or advanced pregnancy—going to a place close to a polling booth and voting under section 23(3); or (b) going during voting hours to a polling booth and following the procedures stated in section 28; or (c) if the person is a postal voter—using the ballot paper and declaration envelope that have been posted to the elector under section 30 or 34B and following the procedures stated in section 30 or 34B; or (d) if the person is an electoral visitor voter—voting before an electoral visitor following the procedures stated in section 31. (2) This section is subject to section 32. 28 Making a declaration vote at a polling booth (1) An elector who may or must make a declaration vote may enter a polling booth during voting hours and request a ballot paper for an electoral district and declaration envelope from an issuing officer. (2) The issuing officer must comply with the request, unless the issuing officer is satisfied that the elector may make an ordinary vote for the elector's electoral district at the polling booth. (3) The issuing officer must keep a record of all persons to whom the officer gives a ballot paper and declaration envelope under this section. (4) The issuing officer must, if a scrutineer requests it, record on the declaration envelope an objection by the scrutineer to the right of the person to vote. (5) On being given the ballot paper and declaration envelope, the elector must, without delay— (a) sign the appropriate declaration on the declaration envelope before the issuing officer and have the officer sign the envelope as witness; and (b) go alone to an unoccupied voting compartment in the polling booth; and (c) there, in private, mark a vote on the ballot paper in accordance with section 33; and (d) place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling booth; and (e) leave the polling booth. (6) Sections 23 and 24 apply to the making of a vote under this section in the same way, with any necessary changes, as they apply to the making of a vote under section 22. 29 [Repealed] 30 Making a declaration vote using posted referendum papers (1) A special postal voter or ordinary postal voter may make a declaration vote under this section using a ballot paper and declaration envelope sent to the elector. (2) An elector is an ordinary postal voter if— (a) the elector makes a request (a postal vote request) to the commission or the returning officer to make a declaration vote using a ballot paper and declaration envelope sent to the elector; and (b) the elector's postal vote request is received by the commission or returning officer not later than 7p.m. on the day that is 12 days before the polling day for the election. Note— The polling day for a referendum is always a Saturday—see section 6(2)(c). The day that is 12 days before the polling day for a referendum is 2 Mondays before the polling day. (3) A postal vote request— (a) may be made by the elector orally or in writing; and (b) if the request is written— (i) must be in the approved form; and (ii) may be given to the commission or returning officer by the elector or someone else; and (c) must state the address to which the ballot paper is to be sent. (4) The commission must, as soon as practicable after the issue of the writ for a referendum, post a ballot paper and declaration envelope to each special postal voter. (5) Also, the commission must post, deliver or otherwise send a ballot paper and declaration envelope to an ordinary postal voter as soon as practicable after receiving the elector's postal vote request. (6) If the commission or a returning officer receives a postal vote request for an elector after the time mentioned in subsection (2)(b), the commission or returning officer must give the elector a written notice that states the elector is not entitled to make a declaration vote under this section. (7) Returning officers and the commission must keep a record of all ballot papers and declaration envelopes posted, delivered or sent under this section. (8) On receiving the ballot paper and declaration envelope, the elector must— (a) sign the appropriate declaration on the declaration envelope before another elector or a person approved by the commission for this paragraph and have the other elector or person sign the envelope as witness; and (b) mark a vote on the ballot paper in accordance with section 33; and (c) place the ballot paper in the envelope and seal the envelope; and (d) either— (i) give the envelope to a member of the commission's staff at a pre-poll voting office before the polling day or at a polling booth on the polling day; or (ii) post or send the envelope, or give it to another person to post or send, to the commission or the returning officer. (9) If the elector is unable to vote without help, another person may help by doing any of the things mentioned in subsection (8)(b) to (d) for the elector. (10) A member of the commission's staff who is given an envelope under subsection (8)(d)(i) must— (a) if it is given before the polling day—send the envelope to the appropriate returning officer or put the envelope in a ballot box at the office; or (b) if it is given on the polling day—put the envelope in a ballot box at the polling booth. Note for subsection (10)— Section 36 sets out the process for examining declaration envelopes and preparing the ballot papers in them for counting. 31 Electoral visitor voting (1) An electoral visitor voter may give a request to vote as an electoral visitor voter to the commission or returning officer. (2) The request— (a) must— (i) be in writing; and (ii) be in the approved form; and (iii) state the address the electoral visitor is to visit; and (b) may be given to the commission or returning officer by the elector or someone else. (3) If the request is received not later than 7p.m. on the Wednesday before the polling day for the referendum, the commission or the returning officer must ensure that an issuing officer visits the elector to enable the person to vote. (4) The issuing officer must visit the elector at a reasonable hour— (a) before the polling day; or (b) before 6p.m. on the polling day. (5) When visiting the elector, the issuing officer must— (a) take to the elector— (i) a ballot paper; and (ii) a ballot box; and (iii) anything else necessary to enable the elector to vote; and (b) if a scrutineer wishes—be accompanied by the scrutineer. (6) The issuing officer must ensure, as far as practicable, section 22 is complied with when the elector votes. (7) The elector may ask a person to help the elector, but only in the following ways— (a) by acting as an interpreter; (b) by explaining the ballot paper and the requirements of section 33 about its marking; (c) by marking, or helping the elector to mark, the ballot paper in the way the elector wishes; (d) by folding the ballot paper and putting it in the ballot box. (8) The elector may make an ordinary vote or declaration vote. 32 Making a declaration vote in cases of uncertain identity (1) If section 22(7) or 24C(7) applies for a person who is an elector or a person claiming to be an elector, the issuing officer must give the person a declaration envelope. (2) The declaration envelope must have on it the following questions— (a) 'Are you the same person whose name appears as [here the issuing officer must write the name of the particular elector and the number appearing on the electoral roll for the name]?' (b) 'Have you already voted, either here or elsewhere, at this referendum?' (3) The person must write answers to the questions on the envelope, sign the envelope and have the signature witnessed by the issuing officer. (4) The issuing officer must keep the envelope and tell the person that he or she is not entitled to vote, if the person does not answer the questions or answers in either or both of the following ways— (a) in the negative to the question in subsection (2)(a); (b) in the affirmative to the question in subsection (2)(b). (5) The person must then leave the polling place. (6) If subsection (4) does not apply, the issuing officer must give the person a ballot paper. (7) The person must, without delay— (a) go alone to an unoccupied voting compartment at the polling place; and (b) there, in private, mark a vote on the ballot paper in accordance with section 33; and (c) place the ballot paper in the envelope, seal the envelope and put it in a ballot box in the polling place; and (d) leave the polling place. (8) Sections 23 and 24 apply to the making of a vote under this section in the same way, with any necessary changes, as they apply to the making of a vote under section 22. Subdivision 2A Electronically assisted voting 32A Who may make an electronically assisted vote An elector may make an electronically assisted vote if— (a) the elector can not vote without assistance because the elector has— (i) an impairment; or (ii) an insufficient level of literacy; or (b) the elector can not vote at a polling booth because of an impairment; or (c) the elector is a member of a class of elector prescribed by a regulation for this section. Examples of a class of elector— • an elector whose address, as shown on an electoral roll, is more than 20km by the nearest practical route from a polling booth • an elector who will not, throughout ordinary voting hours on polling day, be within Queensland 32B Prescribed procedures for electronically assisted voting (1) The commission may make procedures about how an elector may make an electronically assisted vote for a referendum. (2) The procedures must provide for the following— (a) the registration of electors who may make an electronically assisted vote for a referendum under section 32A; (b) the authentication of each electronically assisted vote; (c) the recording of each elector who uses electronically assisted voting; (d) ensuring the secrecy of each electronically assisted vote; (e) the secure transmission of each electronically assisted vote to the electoral commissioner, and secure storage of each electronically assisted vote by the commissioner, until printing; (f) the printing, for scrutiny and counting, of a ballot paper for each electronically assisted vote; (g) the secure delivery of each printed ballot paper to the returning officer for the appropriate electoral district or to the commission. (3) The procedures— (a) do not take effect until approved by a regulation; and (b) must be tabled in the Legislative Assembly with the regulation approving the procedures; and (c) must be published on the commission's website. 32C Audit of electronically assisted voting for a referendum (1) The commission must appoint an independent person to audit the information technology used under the procedures for electronically assisted voting made under section 32B. (2) The audit must be conducted— (a) at least 7 days before the cut-off day for electoral rolls for the referendum; and (b) within 60 days after the polling day for the referendum. (3) A person appointed under subsection (1) must be an individual who is not, and has not ever been, a member of a political party. (4) The person appointed to conduct the audit may make recommendations to the commission to reduce or eliminate risks that could affect the security, accuracy or secrecy of electronically assisted voting. (5) A regulation may prescribe requirements about the conduct of an audit under this section. (6) In this section— political party see the Electoral Act 1992, schedule 1. 32D Protection of information technology (1) A person must not disclose to another person a source code or other computer software relating to electronically assisted voting, unless the person is authorised to do so under— (a) the procedures made under section 32B; or (b) an agreement entered into by the person with the electoral commissioner. Maximum penalty—40 penalty units or 6 months imprisonment. (2) A person must not, without reasonable excuse, destroy or interfere with a computer program, data file or electronic device used for or in connection with electronically assisted voting. Maximum penalty—100 penalty units or 2 years imprisonment. 32E Electoral commissioner may decide electronically assisted voting is not to be used (1) The electoral commissioner may decide that electronically assisted voting is not to be used— (a) at a particular referendum; or (b) by a class of electors at a particular referendum. (2) The electoral commissioner's decision must be in writing and published on the commission's website. 32F Review of electronically assisted voting (1) On the request of the Minister following a referendum, the electoral commissioner must conduct— (a) a review of the use of electronically assisted voting for the referendum; and (b) an investigation into extending the use of electronically assisted voting to other electors for future referendums. (2) A report on the review and investigation must be given to the Minister. (3) The Minister must, within 14 days after receiving the report, table the report in the Legislative Assembly. Subdivision 3 Marking of ballot papers 33 How electors must vote (1) An elector must vote in accordance with— (a) if the elector votes using electronically assisted voting—the procedures approved under section 32B(3); or (b) otherwise—subsection (2) or (3). (2) If the elector approves of the Bill or question submitted to electors at the referendum, the elector may— (a) place a tick √ in the space provided opposite the word 'YES' in the space provided on the ballot paper; or (b) write the word 'YES' in the square opposite the word 'YES' on the ballot paper; or (c) otherwise mark the ballot paper in a way that clearly and unambiguously indicates the voter approves of the Bill or question. (3) If the elector does not approve of the Bill or question, the elector may— (a) place a tick √ in the space provided opposite the word 'NO' in the space provided on the ballot paper; or (b) write the word 'NO' in the square opposite the word 'NO' on the ballot paper; or (c) otherwise mark the ballot paper in a way that clearly and unambiguously indicates the voter does not approve of the Bill or question. 34 Formal and informal ballot papers (1) For a ballot paper to have effect to indicate a vote— (a) the ballot paper must contain writing that is in accordance with section 33; and (b) the ballot paper must not contain any writing or mark by which the elector can be identified; and (c) the ballot paper must have been put into a ballot box by the elector as required by this Act; and (d) if the ballot paper was put into a declaration envelope as required by this Act—the envelope must have been signed, and the signature must have been witnessed, as required by this Act. (2) Subsection (1)(d) does not apply to the witnessing of a signature if— (a) the person required to witness the signature was a member of the commission's staff; and (b) the person certifies in writing to the returning officer that the envelope was signed by the elector concerned. (3) If a ballot paper has effect to indicate a vote, it is a formal ballot paper. (4) If a ballot paper does not have effect to indicate a vote, it is an informal ballot paper. Subdivision 4 Replacement ballot papers 34A Replacement ballot paper issued at polling place (1) This section applies if, while voting at a polling place, an elector— (a) satisfies an issuing officer that— (i) a ballot paper given to the elector (the spoilt ballot paper) is marked, damaged or destroyed to the extent that it can not be used to make a vote; and (ii) the spoilt ballot paper has not been put in a ballot box in the polling place; and (iii) the elector has not voted in the election; and (b) gives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer. (2) The issuing officer must give the elector another ballot paper. (3) The issuing officer must also— (a) place the spoilt ballot paper in an envelope and seal the envelope; and (b) keep the envelope for separate identification under section 38. 34B Replacement ballot paper issued to postal voter (1) This section applies if a ballot paper for a referendum and declaration envelope is sent to an elector under section 30 and either— (a) the elector does not receive the ballot paper and declaration envelope; or (b) the ballot paper (the spoilt ballot paper) is marked, damaged or destroyed to the extent that it can not be used to make a declaration vote. (2) The elector may ask the commission or returning officer for a replacement ballot paper. (3) If the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper is to be sent. (4) An issuing officer must— (a) if the elector makes the request in person— give another ballot paper and declaration envelope to the elector; or (b) post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request. (5) When the elector makes a declaration vote under subdivision 2, the elector must make the declaration on the declaration envelope that states— (a) the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and (b) the elector has not otherwise voted in the election. (6) The commission and returning officers must keep a record of all ballot papers and declaration envelopes given or sent under this section. Division 4 Counting of votes 35 Votes to be counted in accordance with division Votes in a referendum are to be counted in accordance with this division. 36 Preliminary processing of declaration envelopes and ballot papers (1) The commission or the returning officer for each electoral district must ensure that members of the commission's staff examine all declaration envelopes received by the commission or returning officer to decide whether the ballot papers in them are to be accepted for counting. (2) A ballot paper must be accepted for counting only if the person examining the declaration envelope is satisfied that— (a) the elector concerned was entitled to vote at the referendum; and (b) the declaration was signed and witnessed before the end of voting hours on the polling day for the referendum; and (c) if the declaration on the envelope was witnessed by a person other than a member of the commission's staff— the requirements of section 30(8)(d) were complied with; and (d) if the ballot paper is in a declaration envelope received by post—the envelope was received before 6p.m. on the 10th day after the polling day for the referendum. (3) If the ballot paper is accepted, the person must take it out of the envelope and, without unfolding it or allowing another person to unfold it, put it in— (a) if the envelope was received by the returning officer and not sent to the commission to be dealt with under this section—a sealed ballot box; and (b) if the envelope was received by the commission—a sealed ballot box in which ballot papers for the appropriate electoral district, and no other ballot papers, are placed. (4) If a declaration envelope received by a returning officer is for a different electoral district, it must be sent to the commission or the appropriate returning officer without being examined under this section. (5) If a declaration envelope is received by an office of the commission, it must be sent to the returning officer for the district for which the elector is enrolled without being examined under this section. (6) Members of the commission's staff must also seal up in separate parcels, and keep, all unopened envelopes and all opened envelopes. (7) The commission or returning officer must take reasonable steps to advise all members of the times when, and places where, declaration envelopes will be examined under this section. (8) Declaration envelopes may be examined under this section before or after polling day for the referendum. (9) In this section— member means a member of the Legislative Assembly on the day the writ for the referendum is issued. 36A Saving of ballot papers not in declaration envelopes (1) This section applies if— (a) the commission or the returning officer for an electoral district receives an envelope (an outer envelope) containing a ballot paper and a declaration envelope; but (b) the ballot paper is not in the declaration envelope. (2) Members of the commission's staff must— (a) examine the contents of the outer envelope under section 36 to determine whether the ballot paper in the outer envelope is to be accepted for counting; and (b) deal with the ballot paper in the outer envelope under section 36 as if the ballot paper had been in the declaration envelope. 37 Preliminary and official counting of votes The commission must arrange for votes to be counted— (a) on the polling day for the referendum—in accordance with section 38; and (b) after the polling day for the referendum—in accordance with section 39; and (c) in accordance with the procedures made under section 41A. 38 Preliminary counting of ordinary votes (1) As soon as practicable after the end of ordinary voting hours on the polling day for the referendum, the member of the commission's staff in charge of a polling booth must ensure that the commission's staff at the polling place follow the procedures— (a) stated in subsection (2); and (b) made under section 41A. (2) The staff must— (a) open all ballot boxes at the polling booth, including ballot boxes in which ballot papers from declaration envelopes have been placed under section 36(3); and (b) identify and keep in separate parcels for each different electoral district— (i) all formal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and (ii) all declaration envelopes; and (iii) all informal ballot papers (including ballot papers printed for electronically assisted votes) that are not in a declaration envelope; and (c) for each electoral district for which ordinary votes are to be counted at the polling booth— (i) arrange, count and keep in separate parcels— (A) all yes votes; and (B) all no votes; and (C) all informal ballot papers; and (ii) prepare and sign a statement, in the approved form, setting out— (A) the number of yes votes; and (B) the number of no votes; and (C) the number of informal ballot papers; and (iii) advise the returning officer for the electoral district of the contents of the statement; and (d) for each electoral district to which paragraph (c) does not apply, identify and keep in a separate parcel— (i) all formal ballot papers, including ballot papers printed for electronically assisted votes; and (ii) all informal ballot papers, including ballot papers printed for electronically assisted votes; and (e) for each separate parcel of ballot papers or declaration envelopes— (i) seal the parcel; and (ii) write on the parcel a description of its contents, including the number of ballot papers or declaration envelopes in the parcel; and (iii) sign the description; and (iv) if a scrutineer wishes to countersign the description—allow the scrutineer to do so; and (f) send the parcels, and the statement mentioned in subsection (2)(c)(ii), to the returning officer for the appropriate electoral district. (3) However, if the poll was for more than 1 referendum, the staff must make up the ballot papers into separate sealed parcels in the way the commission directs. (4) Also, the staff must— (a) identify all envelopes containing spoilt ballot papers for each different e