NOTES ON
CLAUSES
Part 1 - Preliminary
Clause 1 - Short title
1.
Clause 1
would provide for the short title of the Act to be the
Plebiscite (Future Migration Level) Act 2018 .
Clause 2 - Commencement
2.
Clause 2
would provide for the commencement of each provision in the Bill,
as set out in the table. Clauses 1 and 2 of the Bill, and anything
in the Bill not covered elsewhere in the table, would commence the
day after the Bill receives Royal Assent. Clauses 3 to 33 and
Schedule 1 of the Bill would commence the day after the day on
which the Consolidated Revenue Fund is appropriated for the
purposes of paying or discharging the costs, expenses and other
obligations incurred by the Commonwealth in relation to the
plebiscite.
Clause 3
- Simplified outline of this Act
3.
Clause 3
would provide a high level overview of the Bill.
4.
This
overview states that the Bill would provide for a national
plebiscite to ascertain the views of the Australian people on the
level of migration, with the plebiscite broadly to be held in the
same way as a referendum held under the Referendum (Machinery
Provisions) Act 1984 , and the result to be determined by a
simple majority of votes cast.
Clause 4 - Definitions
5.
Clause 4
would define the terms used throughout the Bill.
6.
There are
six new definitions provided for in subclause 4(1):
plebiscite , plebiscite matter,
plebiscite period, plebiscite proposal,
Referendum Act and Referendum
Regulation .
Definition
of ‘ plebiscite ’
7.
Subclause
4(1) would provide that the term plebiscite is
defined as the national plebiscite that will be held in accordance
with the provisions of this Act, as enacted. Clause 5 of the Bill
would set out the details of the plebiscite to be held in
accordance with this Act, being a plebiscite on the question
‘Do you think the current rate of immigration to Australia is
too high?’. The Bill would not provide a legislative
framework for plebiscites to be held on other issues.
Definition
of ‘ plebiscite matter ’
8.
Subclause
4(1) would provide a definition of plebiscite matter .
The definition generally would provide that plebiscite matter means
matter which relates to the level of migration to
Australia.
·
Definition
of ‘ plebiscite period ’
9.
Subclause
4(1) would provide that the term plebiscite period
means the period that starts 33 days before the voting day for the
plebiscite and ends at the close of voting on that day.
10.
Definition
of ‘ plebiscite proposal ’
11.
Subclause
4(1) would provide that the term plebiscite proposal
means the question to be submitted to electors set out in subclause
5(2).
Definition
of ‘ Referendum Act ’
12.
Subclause
4(1) would provide that the term Referendum Act
means the
Referendum (Machinery Provisions) Act 1984.
Clause 9 of the Bill would apply the majority of the
Referendum Act provisions to the plebiscite, which would
enable the plebiscite to be held in much the same way as a
referendum.
Definition
of ‘ Referendum Regulation ’
13.
Subclause
4(1) would provide that the term Referendum
Regulation means the
Electoral and Referendum Regulation 2016 .
As with the Referendum Act, the Bill would apply the majority
of the Referendum Regulation provisions to the plebiscite, to
enable the plebiscite to be held in much the same way as a
referendum.
Expressions
defined in the Referendum Act
14.
Subclause
4(2) would provide that expressions used in the Bill that are
defined in the Referendum Act have the same meaning in the
Bill as they have in that Act. This is intended to capture
expressions that are defined in subclause 3(1) of the
Referendum Act (‘Interpretation’), as well as
expressions which are defined elsewhere in that Act.
Expressions
defined in this Act
15.
Subclause
4(3) would provide that, where this Bill modifies all or part of a
provision of another Act or instrument, and an expression used in
the modified provision is defined in subclause 4(1), then the
expression would have the same meaning in the modified provision as
it would have in this Act. As mentioned in the note under subclause
4(3), the term ‘modifications’ is defined in section 2B
of the Acts Interpretation Act 1901 . That section defines
‘modifications’ as ‘including additions,
omissions and substitutions’.
Part 2 -
Plebiscite on migration to Australia
Clause 5 -
Plebiscite on migration to Australia
16.
Clause 5
would set out the key aspects of the plebiscite that would be held
in accordance with the Bill.
17.
Subclause
5(1) would provide the Governor-General with the power to cause the
plebiscite to be held. This would be achieved by the
Governor-General issuing the Electoral Commissioner with a
writ setting out the details for the plebiscite, including the
voting date for the plebiscite and the question that people would
be asked at the plebiscite. The Governor-General’s act of
issuing a writ would trigger the process for the
Electoral Commission to establish the mechanisms for, and
conduct, the plebiscite. This process would mirror the process used
in a referendum. The writ is Form A in Schedule 1 to the
Bill.
18.
Subclause
5(2) would set out the question that people would be asked to vote
on at the plebiscite: “From December 2005 to December 2016
Australia’s population grew from 20.5 million to 24.4
million; 62% of this growth was from net overseas
migration.
Do you
think the current rate of immigration to Australia is too
high?”
Clause 6 -
Result of the plebiscite
19.
Clause 6
would provide that the result of the plebiscite would be determined
by a simple majority. That is, the result of the plebiscite would
be determined on the basis of whether, across all of Australia,
more people vote in favour of the plebiscite proposal or more
people vote not in favour of (against) the plebiscite proposal
(disregarding informal ballot-papers).
20.
Subclause
6(1) would provide that the result of the plebiscite would be in
favour of the plebiscite proposal (i.e. believe the current level
of migration is too high) if more than 50 per cent of the votes
cast in the plebiscite are given in favour of the plebiscite
proposal (‘yes’ votes). Subclause 6(2) would provide
that the result of the plebiscite is not in favour of the
plebiscite proposal if more than 50 per cent of the votes cast in
the plebiscite are given not in favour of the plebiscite proposal
(‘no’ votes).
21.
Both
subclauses 6(1) and 6(2) would provide that any informal
ballot-papers cast in the plebiscite would be disregarded from the
vote count and would not affect the plebiscite result. As set out
in the note at the end of this clause, section 93 of the
Referendum Act, which would apply to the plebiscite by
operation of clause 9 of the Bill, would set out when a
ballot-paper would be informal . An example of an informal
ballot-paper is where a voter does not mark the ballot-paper. This
clause would provide certainty about the basis upon which the
plebiscite result would be declared.
22.
This
process for determining the result of the plebiscite is different
to the process for determining the result of a referendum under the
Referendum Act. In a referendum, the proposed alteration to
the Australian Constitution must be approved by a double
majority. That is, both a national majority of votes cast, and a
majority of votes in a majority of the States (for example, at
least four out of six States), are required for a referendum to be
carried. In determining the result, the ballot-papers rejected as
informal ballot-papers are not included, as would be the approach
for the plebiscite.
23.
The legal
effect of a ‘yes’ vote in a referendum is to change the
Australian Constitution. By contrast, the plebiscite is
intended to provide a broad indication of the public’s view
on whether the current level of migration is too high. Given
this difference between the two, it is appropriate that the result
for the plebiscite be determined by a simple majority.
Clause 7 -
Functions of the Electoral Commission
24.
Clause 7
would provide that certain subsections and paragraphs of section 7
of the Electoral Act apply in relation to the
plebiscite.
25.
Subclause
7(1) would provide that, for the purpose of paragraph 7(1)(g) of
the Electoral Act, the Electoral Commission has the function
conferred on it, in relation to the plebiscite, by this Act and by
the Referendum Act.
26.
Paragraph
7(1)(g) of the Electoral Act provides that the functions of
the Electoral Commission include functions conferred on it by or
under any law of the Commonwealth. Subsection 7(3) of the
Electoral Act provides that the Electoral Commission may
do all things necessary or convenient to be done for or in
connection with the performance of its functions.
27.
Given that
subclause 7(1) of the Bill would make it express that conducting
the plebiscite is a function of the Electoral Commission,
subsection 7(3) of the Electoral Act would be engaged.
This would ensure that the Electoral Commission has the
authority to perform all necessary functions relating to the
conduct of the plebiscite.
28.
The note
at the end of subclause 7(1) confirms that the
Electoral Commission has other functions relating to the
function provided for by paragraph 7(1)(g) of the
Electoral Act. The note identifies these functions as those
contained in paragraphs 7(1)(b)-(f) of the
Electoral Act. These functions include considering and
reporting on electoral matters, promoting public awareness of
electoral matters, providing information and advice to the
Parliament and the Government, conducting research, and publishing
material relating to its functions.
29.
Subclause 7(2) would provide that the
Electoral Commission can perform its functions relating to the
plebiscite (provided for in subclause 7(1)) in conjunction with the
electoral authorities of a State, the
Australian Capital Territory and the
Northern Territory. Allowing this cooperation is
administratively necessary for a national plebiscite.
Clause 8
- No offence to vote informally
30.
Clause 8
would provide certainty that, for the purpose of the plebiscite, an
offence is not committed under the Referendum Act (as it would
apply to the plebiscite by operation of clause 9 of the Bill)
merely because a person’s ballot-paper is determined to
be informal.
31.
The effect
of this clause would be to clarify that the obligation to vote,
provided for by section 45 of the Referendum Act, which
would apply to the plebiscite by operation of clause 9 of the
Bill, is not an obligation to lodge a formal
vote.
32.
Note 1
would provide that section 93 of the Referendum Act, which would
apply to the plebiscite by operation of clause 9 of the Bill, sets
out when a ballot-paper would be considered to be informal.
These are the same formality rules as apply in a
referendum.
33.
Note 2 to
this clause would provide clarity that a person may still commit an
offence, under subsection 45(14) of the Referendum Act, if they
fail to vote in the plebiscite. For example, if a person fails to
attend a polling place on voting day, and fails to otherwise
participate in the vote by pre-polling, postal voting or
voting by electronically assisted voting.
Part 3 -
Application of the law in relation to the plebiscite
Division 1 - Application of the
Referendum Act
Subdivision A -
General
Clause 9 -
Application of the Referendum Act
34.
Clause 9
would provide that the Referendum Act applies to the
plebiscite, with any modifications to that Act set out in Division
1 of Part 3 of the Bill.
35.
This
clause would mean that Referendum Act provisions do not need
to be replicated in the Bill. The effect of this clause would be to
enable the plebiscite to be held in much the same way as a
referendum, using the same well-established processes. This
approach would provide certainty and integrity to the plebiscite
framework, as plebiscites are not defined in the Australian
Constitution, the Electoral Act or the
Referendum Act.
36.
The
modifications to the Referendum Act, as it would apply in
relation to the plebiscite, are set out in clauses 10 to 22. Any
modifications the Bill makes to the Referendum Act would apply
only in relation to the plebiscite held in accordance with the
Bill. These changes would not apply in relation to any future
referendums held under the Referendum Act.
Clause 10 -
References to referendum
37.
Clause 10
would provide for references to referendum in the Referendum Act to
include references to the plebiscite (subclause 10(1)), with some
exceptions (subclause 10(2)).
38.
Subclause 10(1)
would provide that wherever the words ‘referendum’ or
‘referendums’ appear in the Referendum Act, they
would include a reference to the plebiscite. As set out in the note
following subclause 10(1), the Referendum Act uses the term
‘referendum’ in many ways, such as ‘a
referendum’, ‘the referendum’, ‘each
referendum’, or ‘a particular
referendum’.
39.
Subclause
10(1) is required to give full effect to clause 9. The effect of
this subclause would be that the existing Referendum Act
provisions would apply to the plebiscite, covering procedural
aspects such as creating the writ, voting (including postal and
pre-polling, and the requirement for compulsory voting), and
formality rules for ballot-papers, subject to other modifications
set out in this Division.
40.
Subclause
10(1) would also ensure that offences relating to referendums would
apply to the plebiscite (see Part X of the Referendum Act).
Examples of offences include failing to vote, misleading or
deceptive publication, fraudulently tampering with ballot-papers,
and engaging in certain activities within six metres of the
entrance of a polling booth. This would enable the plebiscite to be
held in much the same way as a referendum under the
Referendum Act.
41.
Subclause
10(2) would provide for exceptions to subclause 10(1) in relation
to certain provisions in the Referendum Act that use the term
‘referendum’. These references to referendum would not
include a reference to the plebiscite. Each of these provisions are
set out below.
42.
Paragraph
10(2)(a) would provide that subclause 10(1) would not apply to the
definitions of referendum and referendum
period in subsection 3(1) of the Referendum Act.
References in these definitions to ‘referendum’ would
not need to include a reference to the plebiscite, as the Bill
would define ‘plebiscite’ in clause 4, and replace the
definition of ‘referendum period’, for the purpose of
the plebiscite, in clause 13 (as set out in the note at the end of
clause 10). Paragraph 10(2)(a) would also provide that any other
references to ‘referendum period’ in the
Referendum Act would not include a reference to the
plebiscite. The effect of this would be to ensure that the revised
definition of ‘referendum period’ provided for by
clause 13 is applied wherever the term appears in the
Referendum Act. The referendum period is relevant to
determining when certain types of conduct would constitute an
offence under the Referendum Act.
43.
Paragraph
10(2)(b) would provide that subclause 10(1) would not apply to the
reference to ‘last referendum’ in paragraph 16(2)(b) of
the Referendum Act. Paragraph 16(2)(b) of the
Referendum Act requires the Electoral Commissioner
publish a list of all polling places that have been abolished since
the last referendum or election, which ever occurred last. The
purpose of paragraph 16(2)(b) is to inform voters about the changes
to polling locations since last time they voted. Since Australia
has not held a plebiscite since 1977, extending the operation of
paragraph 16(2)(b) of the Referendum Act to include a
reference to the plebiscite would have no effect for the purpose of
the plebiscite.
44.
Paragraph
10(2)(c) would provide that subclause 10(1) would not apply to the
definition of referendum in subsection 62B(6) of the
Referendum Act. Section 62B of the Referendum Act
restricts the use and disclosure of information in relation to a
referendum. It would apply to the plebiscite by operation of clause
9 and subclause 10(1) of the Bill. Subsection 62B(6) provides that
any reference to ‘referendum’ in section 62B includes
referendums conducted under State or Territory law, in addition to
federal referendums. This definition does not need to include a
reference to the plebiscite as the term referendum used in the
substantive subsections of 62B would include a reference to the
plebiscite by operation of subclause 10(1) of the Bill.
45.
Paragraph
10(2)(d) would provide that subclause 10(1) would not apply to the
second reference to ‘referendum’ in section 143 of
the Referendum Act. Section 143 of the Referendum Act
provides that, on the voting day for a referendum, no election or
referendum or vote of electors of any State or Territory, or any
part of a State or Territory, shall be held or taken under a law of
a State or Territory without the authority of the Governor-General.
By operation of clause 9 and subclause 10(1) of the Bill, this
section would prevent a State or Territory election or referendum
from being held on the same day as the plebiscite without the
authority of the Governor-General. The effect of paragraph 10(2)(d)
would be that the second reference to referendum in section 143,
being a reference to a referendum held or taken under a law of a
State or Territory, would not include a reference to the plebiscite
as this is not a scenario that could occur.
46.
Paragraph
10(2)(e) would provide that subclause 10(1) would not apply to any
references to ‘referendum’ in section 11 of the
Referendum Act. Section 11 of the Referendum Act provides for the
distribution to electors of arguments in favour and not in favour
of the proposed law to change the Australian Constitution. As a
result of this paragraph and subclause 11(2) of the Bill, it will
not be necessary for formal arguments in relation to the plebiscite
to be distributed to electors.
47.
Paragraph
10(2)(f) would provide that subclause 10(1) would not apply to any
references to ‘referendum’ in section 145 of the
Referendum Act. Section 145 of the Referendum Act deals
with the repeal of Acts specified in Schedule 2 of that Act, and
the interaction between existing regulations and the
Referendum Act. Given section 145 refers to referendums in the
context of historic Acts and regulations, it is not necessary for
these references to include a reference to the plebiscite that
would be provided for by the Bill.
48.
Paragraph
10(2)(g) would provide that subclause 10(1) would not apply to all
references to ‘referendum’ in Schedule 2 to the
Referendum Act. Schedule 2 to the Referendum Act lists
the Acts that are repealed by the Referendum Act. All
references to ‘referendum’ in Schedule 2 are in
the titles of repealed Acts. It is not appropriate for those
references to include a reference to the plebiscite.
49.
Paragraph
10(2)(h) would provide that subclause 10(1) would not apply to the
reference to ‘referendum’ in paragraph 13(c) of
Schedule 4 to the Referendum Act. Schedule 4 to the
Referendum Act relates to the preliminary scrutiny of
declaration votes. Paragraph 13(c) defines the term
‘election’ in relation to the scrutiny of a declaration
vote of someone who was not registered in a Division due to an
error, where there has been more than one election since the
mistake was made or a redistribution of Divisions has occurred.
Paragraph 13(c) provides that ‘election’ includes a
referendum for the purpose of this scrutiny provision. This
provision refers to past elections (i.e. whether, at the time of
the scrutiny to which the rules are being applied, more than one
previous election or referendum has occurred since the error or
mistake was made that caused the person not to be registered in a
Division). Given the plebiscite proposed by the Bill is not a past
plebiscite, it is not necessary for this reference to referendum to
include a reference to the plebiscite.
Clause 11 -
References to proposed law
50.
Subclause
11(1) would provide that the Referendum Act applies to the
plebiscite as if references in that Act to ‘proposed law for
the alteration of the Australian Constitution’ (paragraph
11(1)(a) of the Bill) and ‘proposed law’ (paragraph
11(1)(b) of the Bill) also included references to the plebiscite
proposal (as defined in clause 4). This subclause is required to
give full effect to clause 9. The effect of this subclause would be
to enable the plebiscite to be conducted in much the same way as a
referendum.
51.
Subclause
11(2) provides that subclause 11(1) of the Bill does not apply in
relation to section 11 of the Referendum Act. For the purpose of a
referendum, section 11 of the Referendum Act provides for the
distribution to electors of arguments in favour and not in favour
of the proposed law to change the Australian Constitution. As a
result of this subclause and paragraph 10(2)(e) of the Bill, it
will not be necessary for formal arguments in relation to the
plebiscite to be distributed to electors.
Clause 12 - References to the
Referendum Act, the Referendum Regulation or provisions of the
Referendum Act
52.
As with
clauses 10 and 11, clause 12 would provide that the
Referendum Act applies as if references in that Act to
that Act (paragraph 12(a)), a provision of that Act
(paragraph 12(b)), or the Referendum Regulation
(paragraph 12(c)), would include references to those things as
they apply in relation to the plebiscite (i.e. as applied, with
modifications, by the Bill).
53.
This
clause is required to give full effect to clause 9. The effect of
this provision would be to ensure that self-referencing provisions
of the Referendum Act would apply, as modified by the Bill, to
the plebiscite. This means that the plebiscite would be conducted
in much the same way as a referendum.
54.
The note
to this clause provides an example of the application of this
clause to a reference to ‘that Act’ in section 116 of
the Referendum Act.
Clause 13 -
Meaning of referendum period
55.
Clause 13
would replace the definition of referendum period in
subsection 3(1) of the Referendum Act with a revised
definition for the purpose of the plebiscite. The referendum period
is relevant to when specific types of conduct would constitute an
offence (see Part X of the Referendum Act for the majority of
the offence provisions, which include conduct such as making
misleading or deceptive statements).
56.
For the
purpose of the plebiscite, paragraph (a) of the definition would
specify that the referendum period commences at the start of the
day the Act commences. By contrast, for referendums, the referendum
period commences on the day of the issue of the writ for the
referendum. Paragraph (b) of the definition would specify that the
referendum period ends at the latest time on the voting day for the
plebiscite at which an elector in Australia could enter a polling
booth for the purpose of voting at the plebiscite. This is the same
as it is for referendums.
57.
The effect
of this replacement definition would be to extend the referendum
period for the plebiscite so that it begins earlier than it would
for a referendum. This would ensure the relevant offences apply for
the full duration of the period between when the Bill commences,
and when the plebiscite is held.
Subdivision B
- Holding the plebiscite
Clause 14 - Writ
and forms for the plebiscite
58.
Clause 14
is relevant to the writ (Form A) and ballot-paper (Form B) in
Schedule 1 to the Bill. Clause 14 would set out modifications to
the Referendum Act, as it would apply to the plebiscite, to
remove references to documents that would not be required for the
plebiscite, and to replace the writ and ballot-paper for the
purpose of the plebiscite.
59.
Subclause
14(1) would provide that the Referendum Act applies to the
plebiscite as if subsection 8(1) were replaced with a new
subsection. Subsection 8(1) of the Referendum Act sets out
requirements for the writ for a referendum, including that the writ
may be in accordance with forms set out in Schedule 1 of that Act,
shall be signed by the Governor-General and appoint days for
the close of rolls, taking votes and for the return of the
writ.
60.
The
replacement subsection 8(1) modifies these requirements to require
that the writ for the plebiscite be issued on the same day that the
writs are issued for the next general election and that the days
for the close of rolls and voting are the same as for the next
general election.
61.
Paragraph
14(2)(a) would omit subsection 8(2) and paragraph 12(a) from the
Referendum Act as it would apply to the plebiscite. Subsection
8(2) of the Referendum Act requires the Governor-General to
attach a copy of the proposed law, or a statement setting out the
text of the proposed law and the proposed textual alterations to
the Australian Constitution, to the writ for a referendum.
This subsection is not required for the purpose of the plebiscite
because the plebiscite, if carried, would not result in an
automatic change to the law.
62.
Paragraph
12(a) of the Referendum Act requires the Governor-General to
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 States, the Chief Minister for the
Australian Capital Territory and the Administrator of the
Northern Territory. This paragraph is not required for the purpose
of the plebiscite because the plebiscite does not affect the States
and Territories in the same way that a referendum would. On this
basis, it is not necessary for the Governor-General to
forward a copy of the writ for the plebiscite to the States and
Territories.
63.
Paragraph
14(2)(b) of the Bill would remove the reference to ‘and a
copy of the proposed law or of the statement (if any) attached to
the writ’ from paragraphs 12(b) and 13(b) of the
Referendum Act. Paragraph 12(b) of the Referendum Act requires
the Governor-General to, after issuing a writ, forward the
original writ and a copy of the proposed law or statement (if any)
to the Electoral Commissioner. Paragraph 13(b) of the
Referendum Act requires the Electoral Commissioner to publish
the particulars of the writ and the copy of the proposed law or
statement in the Gazette .
64.
Paragraph
14(2)(c) of the Bill would omit paragraph 14(1)(a) and
subparagraphs 14(1)(b)(ii) and (iii) from the
Referendum Act as it would apply to the plebiscite. Paragraph
14(1)(a) of the Referendum Act requires the Australian
Electoral Officer for each State and Territory to cause copies of a
statement setting out the text of the proposed law and the text of
the particular provisions (if any) of the
Australian 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. Paragraph
14(1)(b) of the Referendum Act requires the
Australian Electoral Officer for each State and Territory
to cause a notice setting out, inter alia , a copy of
the proposed law or of the statement (if any) attached to the writ
(subparagraph 14(1)(b)(ii)), and the places at which copies of
the statement referred to in paragraph 14(1)(a) are available
(subparagraph 14(1)(b)(iii)) to be inserted in not less than
2 newspapers circulating generally in the State or
Territory.
65.
The effect
of paragraphs 14(2)(b) and 14(2)(c) of the Bill would be to remove
references to the proposed law, statements setting out the text of
the proposed law, and text of the particular provisions of the
Australian Constitution proposed to be altered by the proposed
law from the Referendum Act as it would apply to the plebiscite.
References to these documents would not be relevant to the
plebiscite, as the public would be asked to vote on a simple
question, not on a specific proposed law or change to the
Australian Constitution. This is different to the process in
referendums, where people are asked to vote on whether they support
a proposed change to the law which has been passed by at least one
house of Parliament already. This difference in approach is because
referendums are legally binding and, if a referendum was
successful, the proposed law to change the
Australian Constitution would be implemented automatically.
Conversely, the result of the plebiscite would not result in an
automatic change to the law.
66.
Subclause
14(3) would replace Forms A and B in Schedule 1 to the
Referendum Act with forms developed specifically for the
plebiscite. The replacement Forms A and B are in Schedule 1 to the
Bill. The differences between the forms for a referendum and the
replacement forms for the purpose of the plebiscite are outlined in
the explanatory material relating to Schedule 1.
Subdivision
C -
Determining
the result of the plebiscite
Clause 15 - Appointment of scrutineers for
voting
67.
Clause 15
would provide that the Referendum Act applies to the
plebiscite as if section 27 of that Act were replaced with a
new section.
68.
Existing
section 27 of the Referendum Act sets out who may appoint
scrutineers for the purpose of scrutineering the voting on polling
day in a referendum. Subsections 27(1) to (3) provide for the
Governor-General, the Governor of a State, the Chief Minister
for the Australian Capital Territory, and the Administrator of the
Northern Territory, or a person authorised by one of those people,
to appoint scrutineers for polling day. Subsection 27(4) provides
that the registered officer of a registered political party may
appoint persons to act as scrutineers during voting.
69.
The effect
of clause 15 would be that none of those people would be
authorised to appoint scrutineers for the purpose of the
plebiscite.
70.
Instead,
the replacement subsection 27(1) would provide that a member of the
Parliament of the Commonwealth may appoint persons to scrutineer
the vote on polling day. Replacement subsection 27(1) would
restrict the ability of a member of Parliament to appoint
scrutineers to the polling places in the member’s State or
Territory.
71.
To avoid
overcrowding at polling places, and so that
Electoral Commission officials can perform their duties, it is
important that there be a restriction on the number of scrutineers
able to be appointed at each polling place. The replacement
subsection 27(2) would provide that the Special Minister of
State may limit the number of scrutineers allowed at a polling
booth by making a legislative instrument.
72.
Replacement
subsection 27(3) would define the term State or
Territory for the purpose of the replacement
section 27. Replacement subsection 27(3) would define the
State or Territory of a member of the Parliament
of the Commonwealth as being the State or Territory in
which the Division for which the member is elected is located (for
Members of the House of Representatives)(paragraph 27(4)(a)),
or the State or Territory of a Senator (paragraph 27(4)(b)). This
effect of this would be that, for example, a Member of the House of
Representatives whose Division is located in New South Wales would
be able to appoint people to scrutineer the vote in every polling
place in New South Wales, as would all Senators elected
for New South Wales.
73.
Scrutineers
perform an important function in ensuring the integrity of the vote
is maintained. In a referendum, the legal effect of a
‘yes’ vote is to change the Australian Constitution. In
such circumstances, it is appropriate that the Commonwealth and the
States and Territories, as contracting parties to the Australian
Constitution, are able to appoint scrutineers. By contrast,
the plebiscite is intended to provide a broad indication of the
public’s view on whether the rate of immigration to Australia
is too high. As such, this function is most appropriately performed
by individuals appointed by members of the Parliament of the
Commonwealth, who represent the views of their constituents across
Australia.
74.
There is
no requirement that each and every member of the Parliament appoint
scrutineers, or that scrutineers be appointed to scrutineer both
sides of the debate at every location.
75.
Subregulation
21(2) of the Referendum Regulation (which would apply to the
plebiscite by operation of clause 23 of the Bill), provides that a
person who may appoint a scrutineer under section 27 of the
Referendum Act may also appoint scrutineers to attend
authorised call centres to scrutineer electronically assisted
voting. Therefore, clause 15 would also have the effect of allowing
a member of the Parliament of the Commonwealth to appoint
scrutineers for the purpose of scrutineering electronically
assisted voting.
Clause 16 - Appointment of scrutineers for pre-poll
voting
76.
Clause 16
would provide that the Referendum Act applies to the
plebiscite as if section 73CA of that Act were replaced with a
new section.
77.
Section
73CA of the Referendum Act sets out who may appoint
scrutineers for the purpose of scrutineering pre-poll voting in a
referendum. Subsections 73CA(1) to (4) provide for the
Governor-General, the Governor of a State, the Chief Minister
for the Australian Capital Territory, and the Administrator of the
Northern Territory, or a person authorised by one of those people,
to appoint scrutineers for the purpose of scrutineering
pre-polling in a referendum. Subsection 73CA(5) of the
Referendum Act provides that the registered officer of a registered
political party may appoint persons to act as scrutineers for
pre-poll voting.
78.
The effect
of clause 16 would be that none of those people would be authorised
to appoint scrutineers for the purpose of pre-poll voting in the
plebiscite.
79.
Instead,
the replacement subsection 73CA(1) would provide that a member of
the Parliament of the Commonwealth may appoint persons to
scrutineer the vote at pre-poll voting offices. Replacement
subsection 73CA(1) would restrict the ability of a member of
Parliament to appoint scrutineers to the pre-poll voting
offices in the member’s State or Territory.
80.
To avoid
overcrowding at pre-poll voting offices, and so that
Electoral Commission officials can perform their duties, it is
important that there be a restriction on the number of scrutineers
able to be appointed at each pre-poll voting office. The
replacement subsection 73CA(2) would provide that the Special
Minister of State may limit the number of scrutineers that may be
appointed by members of Parliament by making a legislative
instrument.
81.
Replacement
subsection 73CA(3) would define the term State or
Territory for the purpose of the replacement
section 73CA. The replacement subsection 73CA(3) would mirror
the replacement subsection 27(3) provided for by
clause 15 above.
82.
As with
clause 15 above, it is important to retain the scrutineering
function for the plebiscite to ensure that the integrity of the
vote is maintained. As above, it is appropriate for members of the
Parliament of the Commonwealth, who represent the views of their
constituents, to perform the scrutineering function for the purpose
of the plebiscite.
83.
There is
no requirement that each and every member of the Parliament appoint
scrutineers, or that scrutineers be appointed to scrutineer both
sides of the debate at every location.
Clause 17
- Ascertainment of result of
plebiscite
84.
Clause 17
would provide that the Referendum Act applies to the plebiscite as
if section 89 of that Act were replaced with a new
section.
85.
Section 89
of the Referendum Act provides that the result of a referendum is
determined by scrutiny (counting), and sets out who may appoint
scrutineers for the purpose of scrutineering the counting.
Subsections 89(2) to (4) provide for the Governor-General,
the Governor of a State, the Chief Minister for the Australian
Capital Territory, and the Administrator of the Northern Territory,
or a person authorised by one of those people, to appoint
scrutineers for the purpose of the scrutiny. Subsection 89(4A) of
the Referendum Act provides that the registered officer of a
registered political party may appoint persons to act as
scrutineers during scrutiny at counting centres.
86.
The effect
of clause 17 would be that none of those people would be authorised
to appoint scrutineers for the purpose of the scrutiny.
87.
The
replacement section 89 would provide for alternative arrangements
for the scrutiny for the purpose of the plebiscite. The replacement
subsection 89(1) would provide that the result of the
plebiscite shall be ascertained by scrutiny. This provision mirrors
the existing provision in the Referendum Act.
88.
The
replacement subsection 89(2) would provide that a member of the
Parliament of the Commonwealth may appoint persons to scrutineer
the vote during scrutiny at each counting centre. Replacement
subsection 89(2) would restrict the ability of a member of
Parliament to appoint scrutineers to the counting centres in the
member’s State or Territory.
89.
To ensure
that Electoral Commission officials can perform their duties,
it is important that there be a restriction on the number of
scrutineers able to be appointed to each counting centre. The
replacement subsection 89(3) would provide that the Special
Minister of State may limit the number of scrutineers that may be
appointed by members of Parliament by making a legislative
instrument.
90.
The
replacement subsection 89(4) would define the terms
counting centre and
State and Territory for the purpose of the
replacement section 89. Replacement subsection 89(4) would
define the term counting centre as any premises at
which a scrutiny or counting of ballot-papers for the
plebiscite is to be, or is being, conducted. This
definition mirrors the existing definition in section 89 of
the Referendum Act.
91.
The
definition of State and Territory in the replacement
subsection 89(4) would mirror the definitions set out in the
replacement subsections 27(3) and 73CA(3), as provided for by
clauses 15 and 16 above.
92.
As with
clauses 15 and 16 above, it is important to retain
the scrutineering function for the plebiscite to ensure that the
integrity of the vote is maintained. As above, it is appropriate
for members of the Parliament of the Commonwealth, who represent
the views of their constituents, to perform the scrutineering
function for the purpose of the plebiscite.
93.
There is
no requirement that each and every member of the Parliament appoint
scrutineers, or that scrutineers be appointed to scrutineer both
sides of the debate at every location.
Clause 18
- Recount
94.
Clause 18
would provide that the Referendum Act applies to the
plebiscite as if subsection 95(2) of that Act were replaced with a
new subsection.
95.
Subsection
95(2) of the Referendum Act sets out when the
Electoral Commissioner may direct a recount of
ballot-papers. The replacement subsection 95(2) would
provide that the Electoral Commissioner may direct a recount
of any ballot-papers if requested to do so by the a member of
the Parliament of the Commonwealth, or on his or her own motion.
This is different to the current provision for referendums. The
current subsection 95(2) of the Referendum Act provides
for the Electoral Commissioner to direct a recount at the
request of the Governor-General, the Governor of a State, the
Chief Minister for the Australian Capital Territory or the
Administrator of the Northern Territory, or of his or her own
motion. The effect of this clause is that the
Electoral Commissioner would not be able to direct a recount
at the request of any of those individuals, but instead would be
able to do so at the request of any member of the Parliament of the
Commonwealth.
96.
This
clause is consistent with clauses 15, 16 and 17, which would amend
the Referendum Act to restrict who can appoint scrutineers for
the purpose of the plebiscite to a member of the Parliament of the
Commonwealth. Only the scrutineers appointed by a member of the
Parliament would have the necessary knowledge of the counting
process to initiate a request for a recount of the votes in the
plebiscite.
Clause 19 - Return of the
writ
97.
Clause 19
would provide that the Referendum Act applies to the
plebiscite as if subsection 98(1) of that Act was replaced with a
new version, and section 99 of that Act was omitted.
98.
Subsection
98(1) of the Referendum Act sets out the requirement for the
Electoral Commissioner to certify the results of a referendum
and return the writ to the Governor-General. For the purpose
of the plebiscite, the replacement paragraph 98(1)(a) would require
the Electoral Commissioner to certify the number of votes
given in favour of the plebiscite proposal
(subparagraph 98(1)(a)(i)), the number of votes given not in
favour of the plebiscite proposal (subparagraph 98(1)(a)(ii)),
and the number of ballot-papers rejected as informal
(subparagraph 98(1)(a)(iii)), for the whole of the
Commonwealth only. This is different to the existing paragraph
98(1)(a), which requires the results to be certified for each State
and Territory, as well as for the whole Commonwealth. The
replacement paragraph 98(1)(a) would also require the
Electoral Commissioner to attach the certificate to the
original writ, which is the same as for a referendum.
99.
The
replacement paragraph 98(1)(b) would require the
Electoral Commissioner to return the writ and the paragraph
98(1)(a) certificate to the Governor-General.
100.
The effect
of this clause would be to only require the
Electoral Commissioner to certify the result of the plebiscite
in relation to the whole of the Commonwealth, not by each State and
Territory. This is because, according to clause 6 of the Bill, the
plebiscite would be determined by a simple majority of more than 50
per cent of the votes cast in the plebiscite (disregarding informal
ballot-papers), as opposed to the double majority required for a
referendum. On this basis, it is not necessary for the
Electoral Commissioner to certify the results by each State
and Territory.
101.
This
clause does not replace or modify subsection 98(2) of the
Referendum Act, which applies to the plebiscite because of the
operation of clause 9 of the Bill. Subsection 98(2) requires
the Electoral Commissioner to publish in the Gazette a
copy of the certificate provided for by paragraph 98(1)(a),
and provides that, subject to the terms of Part VIII of the
Referendum Act (as modified by the Bill to apply to the
plebiscite), the certificate is conclusive evidence of the result
of the plebiscite.
102.
Section 99
of the Referendum Act requires the Electoral Commissioner
to forward copies of the certificate attached to the writ, which
sets out the results of a referendum, to the Governors of the
States and the Chief Minister of the Australian Capital Territory
and the Administrator of the Northern Territory. This provision is
included in the Referendum Act because of the relevance of a
referendum to the States and Territories.
103.
Given that
the plebiscite will be determined by a simple majority (by
operation of clause 6 of the Bill) and would not result in a
change to the Australian Constitution, it is not necessary for
the Electoral Commissioner to forward a copy of the certified
attached to the writ to the Governors of the States or the
Chief Minister of the Australian Capital Territory or the
Administrator of the Northern Territory for their information
or otherwise. As such, section 99 of the Referendum Act would
not apply for the purpose of the plebiscite.
Clause 20
- Disputing validity of submission or return
104.
Clause 20
would provide that the Referendum Act applies to the
plebiscite as if section 100 of that Act were replaced with a new
section.
105.
Section
100 of the Referendum Act sets out who may dispute the
validity of a referendum or a return or statement showing the
voting at a referendum. The replacement section 100 would provide
for a member of the Parliament of the Commonwealth to dispute the
validity of the plebiscite or of any return or statement showing
the voting at the plebiscite, by petition addressed to the
High Court. This is different to the existing provision for
referendums. Section 100 currently allows the Commonwealth, any
State, the Australian Capital Territory, or the Northern Territory
to dispute the validity of a referendum by petition to the High
Court.
106.
The effect
of this clause would be to remove the right of the Commonwealth and
the States and Territories to dispute the validity of the
plebiscite. This is consistent with clauses 15, 16, 17, and 18,
which limit who can appoint scrutineers for the purpose of the
plebiscite, and who can request a recount, to a member of the
Parliament of the Commonwealth (and the Electoral Commission
for the purpose of recounts). It is appropriate for the
Commonwealth and the States and Territories to be able to dispute
the validity of a referendum about a change to the
Australian Constitution, as contracting parties to the
Australian Constitution. However, the same nexus does not
exist in relation to the plebiscite as the outcome of the
plebiscite would not result in a change to the
Australian Constitution.
107.
Replacing
the Commonwealth and States and Territories with members of the
Parliament of the Commonwealth for the purpose of section 100 is
appropriate in light of the nexus between scrutineering the
plebiscite process and disputing the validity of the process. Those
entitled to scrutineer the vote are most likely to be aware of
issues that might give rise to a petition disputing the validity of
the plebiscite, such as counting errors or mishandling of
ballot-papers. Together with clauses 15, 16, 17, and 18, this
clause would ensure that there would be an appropriate level of
oversight of the plebiscite process, without the unnecessary
involvement of the Commonwealth and States and
Territories.
108.
The
Electoral Commission would retain its right to dispute the
validity of the plebiscite by operation of section 102 of the
Referendum Act, as applied to the plebiscite by clause 9 of
the Bill. It is important to retain the right of the
Electoral Commission to dispute the validity of the
plebiscite, in particular in the event that there is an
administrative or logistical error which may affect the validity of
the plebiscite.
Clause 21
- Requirements for petition by member of
Parliament
109.
Clause 21
would provide that the Referendum Act applies to the
plebiscite as if paragraph 101(1)(c) of that Act required a
petition by a member of the Parliament of the Commonwealth under
section 100 of that Act (as amended by clause 20 of the Bill) to be
signed by the member.
110.
This
clause is required as a consequence of clause 20, which would
provide that only a member of the Parliament of the Commonwealth
may dispute the validity of the plebiscite under section 100
of the Referendum Act (as it would apply to the plebiscite),
removing the right of the Commonwealth and States and Territories
to do so. Given this change, current paragraph 101(1)(c) of the
Referendum Act, which sets out who must sign a petition
disputing the validity of a referendum, would not be
applicable.
Clause 22
- Notice of petition and joinder of parties
111.
Clause 22
would provide that the Referendum Act applies to the
plebiscite as if sections 105 and 106 of that Act were replaced
with new sections. This clause is required as a consequence of
clause 20.
112.
Section
105 of the Referendum Act provides for notice to be given
where a petition is filed disputing the validity of a referendum.
The replacement section 105 would require a member of the
Parliament of the Commonwealth to notify the
Electoral Commission of the filing of a petition by that
member under the replacement section 100 (provided for by
clause 20 of the Bill).
113.
This is
different to the existing provision for referendums. The existing
section 105 provides for the Commonwealth, the States and
Territories, and the Electoral Commission to notify each other
if any of them files a petition. Clause 20 of the Bill would
replace section 100 with a new section for the purpose of the
plebiscite, to remove references to the Commonwealth and the States
and Territories filing petitions, and to refer to members of the
Parliament of the Commonwealth instead. It is therefore necessary
to replace section 105 with a new section for the purpose of
the plebiscite, to provide for notice to be given where a petition
is filed by a member of the Parliament of the Commonwealth in
accordance with the replacement section 100.
114.
The effect
of this clause would be to ensure that the
Electoral Commission (the only other entity entitled to
dispute the voting in the plebiscite under section 102 of the
Referendum Act) must be notified if a member of the Parliament of
the Commonwealth files a petition disputing the validity of the
plebiscite.
115.
Section
106 of the Referendum Act provides that the High Court may
order other entities to be joined as parties petitioning or
responding to a petition on application. The replacement section
106 would allow the High Court to order that the
Electoral Commission or a member of the Parliament of the
Commonwealth be joined as a party petitioning or responding to a
petition filed under the replacement section 100, or
section 102, of the Referendum Act.
116.
This is
different to the existing provision for referendums. The existing
section 106 provides that the High Court may, on application, order
the Commonwealth or a State or Territory to be joined as a party
petitioning or responding to a petition. Clause 20 of the Bill
would replace section 100 with a new section for the purpose of the
plebiscite, to remove references to the Commonwealth and the States
and Territories filing petitions, and to refer to members of the
Parliament of the Commonwealth instead. It is therefore necessary
to replace section 106 with a new section for the purpose of the
plebiscite, to provide for the joining of a member of the
Parliament of the Commonwealth, as persons who would be entitled to
dispute the validity of the plebiscite, to a petition filed by
another person or the Electoral Commission.
117.
Replacement
subsection 106(2) would expressly provide that replacement section
106 would not limit the High Court’s power to join other
persons as a party petitioning or responding to a
petition.
Division 2
- Application of the Referendum Regulation
Clause 23 -
Application of the Referendum Regulation
118.
Clause 23
would provide that the Electoral and Referendum Regulation
2016 (the Referendum Regulation) applies to the plebiscite,
with any modifications to the Regulation set out in the remainder
of the proposed Division 2 of Part 3 of the Bill (paragraph 23(a)),
and any regulations made under subclause 33(2) of the Bill
(paragraph 23(b)).
119.
As a
result of this clause, the Referendum Regulation provisions do not
need to be replicated in the Bill. The effect of this clause would
be to enable the plebiscite to be held in much the same way as a
referendum, using the same well-established processes. This
provides further certainty and integrity to the plebiscite
framework, together with the application of the Referendum Act
to the plebiscite as provided for by clause 9 of the
Bill.
120.
The
modifications to the Referendum Regulation, as it would apply in
relation to the plebiscite, are set out in clauses 24 and 25. Any
modifications the Bill makes to the Referendum Regulation would
apply only in relation to the migration level plebiscite held
in accordance with the Bill. These changes would not apply in
relation to any future referendums held in accordance with the
Referendum Act.
Clause 24 -
References to referendum
121.
Clause 24
would provide that references to the term ‘referendum’
in the Referendum Regulation would also include references to the
plebiscite. This clause is required to give full effect to clause
23. The effect of this clause would be to enable the plebiscite to
be conducted in much the same way as a referendum. In particular,
it would allow registered sight-impaired voters to vote
through electronically assisted voting, as is provided for in the
Referendum Regulation.
122.
There are
two exceptions provided for by this clause. Subclause 24(1) would
provide that references to the term ‘referendum’ where
it appears in a reference to the ‘Referendum Act’
would not include a reference to the plebiscite. This is because
the Bill would already apply relevant provisions of the
Referendum Act to the plebiscite, but without incorporating
them directly into the Bill or altering the name of the
Referendum Act. By operation of clause 25 below,
references to the Referendum Act in the
Referendum Regulation would include a reference to the
Referendum Act as it would apply in relation to the
plebiscite.
123.
Subclause
24(2) would provide that subclause 24(1) does not apply in relation
to the definition of referendum in section 5 of the Referendum
Regulation. Section 5 of the Referendum Regulation defines
referendum as having the same meaning as it does in
the Referendum Act. This use of the term
‘referendum’ should not include a reference to the
plebiscite because the term ‘plebiscite’ is defined in
clause 4 of the Bill, not in the Referendum Act.
Clause 25 -
References to the Referendum Act or provisions of the
Referendum Act
124.
Clause 25
would provide that references in the Referendum Regulation to
‘the Referendum Act’ or ‘a provision of the
Referendum Act’ would include references to the
Referendum Act or its provisions as they apply to the
plebiscite. This clause is required to give full effect to clause
23.
125.
The effect
of this provision would be to ensure that relevant provisions of
the Referendum Regulation apply, as modified by the Bill, to the
plebiscite. This clause would enliven Referendum Regulation
provisions governing any court proceedings held in relation to a
prosecution against an elector for failing to vote at the
plebiscite (see sections 27 and 28 of the Regulation). This would
mean that the plebiscite would be conducted in much the same way as
a referendum.
Division
3 -
Application of other
laws
Clause 26 -
Application of other laws
126.
Subclause
26(1) would provide that certain provisions of the Commonwealth
laws referred to in clauses 27 to 32 apply to the plebiscite, with
modifications set out in the remainder of Division 3 of Part 3 of
the Bill.
127.
As a
result of this clause, the provisions of Commonwealth laws referred
to in clauses 27 to 32 do not need to be replicated in the Bill.
The effect of this clause would be to enable the plebiscite to be
held in much the same way as a referendum, by ensuring that a range
of laws would apply to the plebiscite in much the same way that
they apply to a referendum. This approach provides certainty and
integrity to the plebiscite framework.
128.
Any
modifications the Bill makes to these Commonwealth laws, as set out
in clauses 27 to 32, would apply only in relation to
the plebiscite held in accordance with the Bill. These changes
would not apply in relation to any future referendums held under
the Referendum Act, or elections held under the
Electoral Act.
129.
Subclause
26(2) would provide that instruments made under an Act, or
provisions of an instrument made under an Act, apply in relation to
the plebiscite, with modifications set out in the remainder of
proposed Division 3 of Part 3 of the Bill (paragraph 26(2)(a)) and
any regulations made for the purposes of subclause 33(2)
(paragraph 26(2)(b)). The effect of this clause would be to apply
relevant parts of instruments made under Commonwealth laws for
federal elections or referendums to the plebiscite.
Clause 27 -
References to referendum
130.
Clause 27
would set out the specific provisions from Commonwealth laws that
apply to the plebiscite. To ensure these provisions would apply to
the plebiscite, this clause states that any references to
‘referendum’ or ‘referendums’ in the
provisions outlined below include references to the plebiscite.
This clause is required to give effect to clause 26. The effect of
this clause would be to selectively apply some of the same laws to
the plebiscite as apply to referendums or elections.
131.
Paragraph
27(a) would apply clause 27 to references to
‘referendum(s)’ in paragraph (d) of the definition
of election period in clause 1 of
Schedule 2 to the
Broadcasting Services Act 1992 (the
Broadcasting Services Act). Relevantly, clause 1 of
Schedule 2 to the Broadcasting Services Act defines
the election period for a referendum as being the same as the
election period for any federal election being held on the same day
This definition is relevant to the requirement for broadcasters to
give reasonable opportunity for the broadcasting of plebiscite
matter to any person or organisation that wishes to broadcast
plebiscite matter for the duration of the election period
(clause 3 of Schedule 2 to the
Broadcasting Services Act as modified by subclause 30(1)
of the Bill).
132.
Paragraph
27(a) would also apply clause 27 to references to
‘referendum(s)’ in paragraph (b) of the definition of
required period in clause 1 of Schedule 2 to the
Broadcasting Services Act. Clause 1 of Schedule 2
to the Broadcasting Services Act defines the required
period as being six weeks from the day on which matter was
broadcast, or the period commencing on the day on which the matter
was broadcast and ending at the end of the election period (as
defined above), whichever is longer. This definition is relevant to
the requirement to keep a record of political matter broadcasted
during the election period for a required period (clause 4 of
Schedule 2 to the Broadcasting Services Act). The effect
of paragraph 27(a) would be to apply the same required period for
the plebiscite as applies for a referendum.
133.
As set out
in the note at the end of clause 27, further modifications are made
to the Broadcasting Services Act in clause 30 of the Bill
(see below).
134.
Paragraph
27(b) would apply clause 27 to references to
‘referendum(s)’ in certain provisions of the
Electoral Act. The main purpose of this is to apply certain
provisions of the Electoral Act that apply to referendums,
including the application of provisions relating to the use of the
electoral Roll, to the plebiscite to allow the plebiscite to be
held in much the same way as a referendum. The relevant provisions
of the Electoral Act are:
(i)
The
definition of electoral matters in section 5. Section
5 defines electoral matters as matters relating to Parliamentary
elections and, inter alia , referendums. This definition is
relevant to Part II of the Electoral Act only, which deals
with administrative arrangements for the Electoral Commission.
In particular, the definition is relevant to section 7 of the
Electoral Act. Section 7 sets out the functions of the
Electoral Commission, which include considering, providing
advice on and researching matters relating to electoral matters.
The effect of applying clause 27 to the definition of electoral
matters in section 5 would be to include the plebiscite as an
electoral matter in relation to which the Electoral Commission
can exercise relevant functions and powers as set out in section 7
of the Electoral Act.
(ii)
Subparagraph
35(1)(a)(i), which enables the Electoral Commission to employ
temporary staff to conduct referendums. The effect of this would be
to enable the Electoral Commission to employ temporary staff
to conduct the plebiscite, in the same way it employs temporary
staff for referendums.
(iii)
Paragraphs
91A(1A)(a), (2)(a) and 2A(a), which allow the use of information
from the electoral Roll and habitation index for specific purposes,
including any purpose in connection with a referendum. This
provision is limited to use of the Roll and habitation index by a
Senator, Member of the House of Representatives, or a political
party. The effect of this would be to allow the same use of
information by Senators, Members of the House of Representatives,
or political parties, for the purpose of the plebiscite as is
allowed for a referendum.
Paragraph
91A(2B)(a), which enables State or Territory electoral authorities
to use information on an electoral Roll, or other information
provided for under a specific arrangement, in connection with a
referendum. The effect of this would be to enable those authorities
to use information, including information on an electoral Roll, in
connection with the plebiscite.
Paragraphs
189B(4)(a) and (5)(a), which allow the use or disclosure of
information obtained from an electronic list of postal vote
applicants (provided by the Electoral Commissioner) by a
candidate in a Senate or House of Representatives election or a
registered political party, where the use or disclosure is for a
permitted purpose including, inter alia , any purpose
connected with a referendum. The effect of this would be to allow
the same use or disclosure of information by candidates or
registered political parties for any purpose connected with the
plebiscite.
(iv)
Subsection
202A(4), which requires anyone employed by the
Electoral Commission to perform duties in connection with the
conduct of an election or referendum held on the same day as an
election to sign an undertaking in an approved form before
beginning the performance of duties. Amended subsection 202A(4)
would impose the same requirement to sign an undertaking before
Electoral Commission employees begin the performance of their
duties relating to the plebiscite.
Subsection
202A(5), which provides that the failure of a person to sign an
undertaking, as required by section 202A, is not grounds for
setting aside the result of an election or referendum. Revised
subsection 202A(5) would extend this application to the plebiscite
result.
Subsection
203(7), which provides that polling booths and ballot-boxes
provided for the purpose of an election may be used for the purpose
of other elections or a referendum being held on the same day, as
long as the ballot-papers for each election and the referendum are
distinctively coloured. Revised subsection 203(7) would allow the
same polling booths and ballot-boxes to be used for the
plebiscite as for the election being held on the same day as the
plebiscite, as long as the ballot-papers for the plebiscite and the
election/s are distinctively coloured.
(v)
Clause 22
of Schedule 3, which provides that, for the purpose of paragraph 17
of that Schedule, an envelope that contains a ballot-paper for a
referendum shall be dealt with as if it did not contain that
ballot-paper. Paragraph 17 provides that the relevant electoral
officer shall withdraw ballot-papers from envelopes, without
examining them, for those votes that are to be included in the
counting for House of Representatives and Senate elections held
concurrently or separately. The effect of this clause would be that
envelopes containing ballot-papers for the election and the
plebiscite would be dealt with in the same way as they would be
dealt with where the election is run concurrently with a
referendum. This means that rules relating to the preliminary
scrutiny of declaration votes that apply to a referendum would also
apply to the plebiscite.
135.
Paragraph
27(c) would apply clause 27 to references to
‘referendum(s)’ in subparagraph 80.2(3)(a)(ii) and
subsection 80.2(4) of the Criminal Code .
Subparagraph 80.2(3)(a)(ii) creates an offence of
intentionally urging another person to interfere, by force or
violence, with lawful processes for an election or referendum,
where they do so intending that force or violence will occur.
Subsection 80.2(4) states that recklessness applies to the element
of the offence under subsection 80.2(3) relating to what is a
lawful process for a referendum. The effect of these changes would
be to apply these offences to the plebiscite, so that if a person
does an act that falls within subparagraph 80.2(3)(a)(ii), in
relation to the plebiscite, they may be found guilty of a criminal
offence punishable by up to seven years’ imprisonment.
Section 80.3 of the Criminal Code would apply to provide, as
a defence, that it was an act done in good faith.
136.
Paragraph
27(d) would apply clause 27 to references to
‘referendum(s)’ in paragraphs 7C(1)(b) and (4)(b) and
subparagraph 7C(2)(b)(ii) of the Privacy Act 1988 (the
Privacy Act). Paragraph 7C(1)(b) and subparagraph 7C(2)(b)(ii)
provide that political acts and practices done for any purpose in
connection with a referendum are exempt from the application of the
Privacy Act. Subsection 7C(1) relates to acts done by a member
of a Parliament or a councillor of a local government authority,
and subsection 7C(2) relates to contractors for political
representatives. Paragraph 7C(4)(b) provides that an act done
voluntarily by an organisation for or on behalf of a registered
political party and with the authority of that party is exempt from
the Privacy Act, where those acts are done for any purpose in
connection with a referendum. The effect of this would be that
members of a Parliament, councillors of local government
authorities, contractors for political representatives, and
organisations acting voluntarily for or on behalf of a registered
political party would be subject to the same exemptions from the
Privacy Act for the plebiscite as they are for acts done in
connection with a referendum.
Clause 28 -
References to the Referendum Act
137.
Clause 28
would set out provisions from other Commonwealth legislation in
which references to the Referendum Act, or a provision of that
Act, include references to the Referendum Act or its
provisions as they would apply in relation to the plebiscite. This
clause is required to give full effect to clause 26. The effect of
this clause would be to enable the plebiscite to be conducted in
much the same way a referendum.
138.
Paragraph
28(a) would apply clause 28 to the reference to the
Referendum Act at item 41 of the table in Schedule 1 to
the Age Discrimination Act 2004
(the Age Discrimination Act). Schedule 1 to the
Age Discrimination Act lists the Acts, regulations and
other instruments to which subsection 39(1) of that Act applies.
Subsection 39(1) provides that Part 4 of the Age
Discrimination Act (which sets out what constitutes unlawful age
discrimination) does not make unlawful anything done by a person in
direct compliance with the Acts and other instruments mentioned in
Schedule 1. The effect of this would be to apply the exemption
provided for by subsection 39(1) of the
Age Discrimination Act to acts done in direct compliance
with the Referendum Act as it applies in relation to the
plebiscite. Consistent with the approach in federal elections and
referendums, the purpose of this provision is to ensure that
limiting the right to vote in the plebiscite to people aged 18 or
above does not offend the Age Discrimination Act.
139.
Paragraph
28(b) would apply clause 28 to references to the
Referendum Act in paragraph 105(4)(b) of the
Electoral Act. Paragraph 105(4)(b) of the Electoral Act
states that the Electoral Commissioner may enter the name of
an elector who is not enrolled, and who has made a declaration
vote, on the Roll for the subdivision the elector was living in at
the time of voting if, for a declaration vote made under the
Referendum Act, the ballot-paper was properly issued
according to Schedule 4 to the Referendum Act, and the person
was omitted from the Roll due to error or mistake. The effect of
this would be that the same rules relating to the inclusion of
people who have made declaration votes on the electoral Roll would
apply to the plebiscite as apply to a referendum.
140.
Paragraph
28(c) would apply clause 28 to references to the
Referendum Act in the Schedule to the
Jurisdiction of Courts (Cross-Vesting) Act 1987
(the Jurisdiction of Courts (Cross-Vesting) Act).
The Schedule to the
Jurisdiction of Courts (Cross-Vesting) Act
lists the Acts to which section 7 of that Act apply. Subsection
7(5) of the
Jurisdiction of Courts (Cross-Vesting) Act
provides that appeals of matters decided by a single judge of a
Supreme Court of a State or Territory can only be determined
by the Full Court of the Federal Court or the
Family Court, or by the High Court (with special leave),
if the matter arises under an Act specified in the Schedule. The
effect of this would be to provide that an appeal of matters
arising from the application of the Referendum Act to the
plebiscite may be determined only by the Full Court of the
Federal Court, or with special leave of the High Court.
This is the same approach as for appeals of matters arising from
referendums.
141.
Paragraph
28(d) would apply clause 28 to references to the
Referendum Act in item 2A of the table in subsection
355-65(8) of Schedule 1 to the
Taxation Administration Act 1953
(Taxation Administration Act). The table in subsection
355-65(8) of Schedule 1 to the
Taxation Administration Act sets out the types of records
or disclosures to which section 355-25 of the Schedule to
that Act does not apply. Item 2A of the table provides that records
made for, or disclosures to, the Electoral Commissioner where
the record or disclosure is of information disclosed to, or
obtained by, the Commissioner of Taxation on or after the
commencement of the table item, and is for the purpose of
administering the Electoral Act or the Referendum Act,
are exempt from section 355-25.
142.
Section
355-25 of Schedule 1 establishes offences for disclosure of
protected information by taxation officers. By operation of
subsection 355-65(8) of Schedule 1, these offences would not apply
to the types of records relating to the Electoral Commissioner
described above. The effect of this would be to enable taxation
officers to disclose protected information to the
Electoral Commissioner for the purpose of administering the
Referendum Act as it applies to the plebiscite. This would
mean that taxation officers would have the same protections in
relation to information disclosure for the purpose of the
plebiscite as they would in relation to a referendum.
143.
Paragraph
28(e) would apply clause 28 to references to the
Referendum Act in Item 120 of Schedule 1 to the
Electronic Transactions Regulations 2000
(the Electronic Transactions Regulations).Regulation 4
of the Electronic Transactions Regulations states that
specific provisions of the Electronic Transactions Act
1999 (the Electronic Transactions Act) do not apply
to specific provisions in other Commonwealth laws. The relevant
provisions in the Electronic Transaction Act and other
Commonwealth laws are specified in Schedule 1.
144.
Item 120
of Schedule 1 of the Electronic Transactions Regulations
provides that subsection 8(1), Division 2 of Part 2, and sections
14, 14A, 14B and 15 of the Electronic Transactions Act do not
apply to Parts III (other than subsections 16A(1), (2), (4) and
(5)), IV, IVA, and V of the Referendum Act. The relevant
provisions of the Electronic Transactions Act
are:
-
Subsection
8(1)—for the purpose of a Commonwealth law, providing that a
transaction is not invalid because it is made by electronic
communication.
-
Division
2 of Part 2— permitting the use of electronic communication
in certain circumstances where Commonwealth laws require or allow a
person to give information in writing, provide a signature, provide
a document, record information in writing, retain a written
document, or retain an electronic communication.
-
Sections
14, 14A, 14B and 15—establishing rules relating to the
accepted time and place of dispatch of an electronic communication,
the time and place of receipt, and the attribution of an electronic
communication.
145.
The
relevant parts of the Referendum Act to which these provisions
do not apply are Part III (‘Voting at a Referendum’
- except for the purpose of Electoral Officers signing
an undertaking before commencing work at a Referendum according to
section 16A), Part IV (‘Postal voting’), Part IVA
(‘Pre-poll voting’) and Part V (‘Special
provisions relating to voting in Antarctica at a
Referendum’). This covers the majority of voting procedures
under the Referendum Act (with the exception of Part IVB
‘Electronically assisted voting for sight-impaired
people’). This has the effect that, at a referendum,
electronic transactions would not be considered valid written
communications for the purpose of voting in the referendum (except
for sight-impaired individuals using electronically assisted
voting). This is to ensure that most voting in a referendum must be
done in writing on paper. The effect of paragraph 28(e) of the
Bill would be to apply the same rules to the plebiscite as apply to
a referendum.
146.
Item 120
of Schedule 1 to the Electronic Transactions Regulations
only excludes specific provisions of the Referendum Act from
the application of specific provisions in the
Electronic Transactions Act, as outlined above. The
Electronic Transactions Act would continue to apply to
provisions in the Referendum Act, as that Act would apply to
the plebiscite.
Clause 29 -
Identification of certain political matter and records of matters
broadcast
147.
Clause 29
would set out provisions from the
Broadcasting Services Act 1992
(the Broadcasting Services Act) and the Special
Broadcasting Service Act 1991 (the SBS Act) in which
references to ‘political matter’ and ‘political
subject’ would include references to plebiscite matter. The
effect of this clause would be to make it clear that the provisions
below would apply for the purpose of the plebiscite during the
plebiscite period. The terms plebiscite matter and plebiscite
period would be defined in clause 4 of the Bill.
148.
Subclause
29(1) would set out provisions from these Acts that use the term
political matter, and provide for those references to political
matter to include a reference to plebiscite matter. Paragraph
29(1)(a) would apply subclause 29(1) to the reference to political
matter in clauses 1 and 4 of Schedule 2, and subclause 24(4) of
Schedule 6, to the Broadcasting Services Act.
149.
Clause 1
of Schedule 2 defines political matter, for the purpose of that
Schedule, as meaning any political matter, including the policy
launch of a political party. Clause 4 of Schedule 2 places
obligations on broadcasters who broadcast political matter at the
request of another person. Subclause 4(2) requires those
broadcasters to, immediately afterwards, cause the required
particulars in relation to the political matter to be announced in
a form approved in writing by the Australian Communications and
Media Authority (ACMA). The required particulars are defined in
clause 1 of Schedule 2, and are categorised depending upon whether
the broadcasting was authorised by a political party, by a person
other than a political party or by the name of every speaker who,
either in person or by means of a sound recording device, delivers
an address or makes a statement that forms part of that matter.
Clause 24 of Schedule 6 to the Broadcasting Services Act sets
out the conditions to which datacasting licences are subject. The
effect of applying subclause 29(1) to these provisions would
be to apply them to the broadcast of plebiscite matter for the
purpose of the plebiscite.
150.
Paragraph
29(1)(b) would apply subclause 29(1) to the reference to political
matter in section 70A of the SBS Act. Section 70A of the SBS Act
relates to the broadcasting of political or controversial matter.
Subsection 70A(1) of that Act maintains the SBS’s discretion,
subject to the SBS Act, to determine to what extent and in what
manner political matter or controversial matter will be broadcast
by the SBS. Subsections 70A(2) and (3) set out
specific requirements for the SBS to announce or transmit required
particulars in relation to political matter it broadcasts at the
request of another person, to keep details of the person or company
that requested it to broadcast political matter, and to give those
details to the ACMA upon request. The effect of applying
subclause 29(1) to section 70A of the SBS Act would be to
apply the same requirements to the broadcast of plebiscite matter
by the SBS for the purpose of the plebiscite.
151.
Subclause
29(2) would set out provisions from the Broadcasting Services Act
and the SBS Act that use the term political subject, and provide
for those references to political subject to include a
reference to plebiscite matter. Paragraph 29(2)(a) would
apply subclause 29(2) to the reference to political subject in
clause 5 of Schedule 2 to the Broadcasting Services Act. Clause 5
specifies when a broadcaster who broadcasts matter relating to a
political subject or current affairs must cause a record of the
political subject to be made in a form approved in writing by the
ACMA. The effect of applying subclause 29(2) to clause 5
of Schedule 2 to the Broadcasting Services Act would be to
apply the same requirement to the broadcast of plebiscite matter
for the purpose of the plebiscite.
152.
Paragraph
29(2)(b) would apply subclause 29(2) to the reference to political
subject in section 70B of the SBS Act. Section 70B of the SBS Act
provides that, if the SBS broadcasts matter relating to a political
subject or current affairs, the SBS must cause a record of the
matter to be made. Subsections 70B(2)-(6) state the time
period within which the SBS is required to retain the record,
including if the record is admissible as evidence in a court case.
The effect of applying subclause 29(2) to section 70B of
the SBS Act would be to apply the same requirement if the SBS
broadcasts plebiscite matter for the purpose of the plebiscite.
153.
Subclause
29(3) would provide that the obligations in subclauses 4(2)
and (3) and clause 5 of Schedule 2 to the Broadcasting
Services Act, and subsections 70A(2) and (3) and
section 70B of the SBS Act, would apply in relation to
plebiscite matter only if the matter is broadcast during the
plebiscite period. The obligations in these clauses are outlined
above. The plebiscite period would be defined in clause 4 of the
Bill, and would mean the period that starts 33 days before the
voting day for the plebiscite and ends at the close of voting on
that day. The effect of this subclause would be to limit the time
period in which the obligations on broadcasters would apply in
relation to the broadcast of plebiscite matter.
No
requirement to lodge annual return
154.
Subclause
29(4) would refer to the annual returns relating to political
expenditure, for the purpose of the plebiscite. This subclause
would provide that a person would not be required to provide a
return for a financial year under
subparagraph 314AEB(1)(a)(iv) of the Electoral Act merely
because that person incurred expenditure for the purposes of
broadcasting plebiscite matter in relation to which particulars
were required to be announced under subclause 4(2) of
Schedule 2 to the Broadcasting Services Act (as it would apply
to the plebiscite by operation of subclause 29(1) of the
Bill).
Clause 30 -
Obligations on broadcaster in relation to plebiscite
matter
155.
Clause 30
would apply specific provisions from the
Broadcasting Services Act to the plebiscite, with minor
modifications.
Requirement
to give a reasonable opportunity
156.
Subclause
30(1) would provide that subclause 3(2) of Schedule 2 to the
Broadcasting Services Act applies to the plebiscite as if
it required a broadcaster that, during the election period,
broadcasts plebiscite matter that is in favour of the plebiscite
proposal to give a reasonable opportunity to a representative of an
organisation that is not in favour of the plebiscite proposal to
broadcast plebiscite matter during that period, and vice
versa. Plebiscite matter would be defined in clause 4 of
the Bill.
157.
The note
to subclause 30(1) would note that the definition of
election period in clause 1 of Schedule 2 to
the Broadcasting Services Act would be modified by
paragraph 27(a) of the Bill (see above). As a result of
that paragraph, the election period would mean the period that
starts 33 days before the voting day for the plebiscite and ends at
the close of voting on that day. The reference to the election
period would have the effect of limiting the time period in which
the obligations on broadcasters would apply in relation to the
broadcast of plebiscite matter.
158.
The effect
of subclause 30(1) would be to require broadcasters to give
representatives from both sides of the debate a reasonable
opportunity to broadcast material in the lead up to the voting day.
This requirement is consistent with the requirement in relation to
federal elections and referendums.
Limitation
on broadcasting during blackout period
159.
Subclause
30(2) would provide that clause 3A of Schedule 2 to the
Broadcasting Services Act applies to the plebiscite as if
that clause created a blackout period in which broadcasters would
be prohibited from broadcasting any advertisement that contains
plebiscite matter during the defined blackout period. Paragraph
30(2)(a) would define the blackout period as commencing at the end
of the Wednesday before the polling day, and paragraph 30(2)(b)
would define the blackout period as ending at the close of the poll
on that polling day. The effect of this clause would be to give
people time in the days leading up to the voting day to consolidate
their thoughts without being exposed to continuous advertising. The
blackout period for the plebiscite would be consistent with the
blackout period for federal elections. There are no blackout
periods for referendums.
References
to clauses 3 and 3A of Schedule 2
160.
Subclause
30(3) would provide that paragraphs 7(1)(j), 8(1)(i), 9(1)(i),
10(1)(i) and 11(1)(d) of Schedule 2, and paragraph 24(1)(a) and
subclause 24(4) of Schedule 6, to the
Broadcasting Services Act would apply to the plebiscite
as if references in those paragraphs to clauses 3 and 3A of
Schedule 2 to that Act included references to those clauses as they
would apply in relation to the plebiscite (i.e. as amended by
subclauses 30(1) and 30(2) of the Bill).
161.
Paragraphs
7(1)(j), 8(1)(i), 9(1)(i), 10(1)(i) and 11(1)(d) of Schedule 2
require the holders of commercial television, commercial radio,
community, subscription television, and class licences,
respectively, to comply with the requirements of, inter alia,
clauses 3 and 3A of Schedule 2. Clause 24 of Schedule 6 sets out
general conditions on datacasting licences. Paragraph 24(1)(a)
requires the holder of a datacasting licence to comply with, inter
alia, clauses 3 and 3A of Schedule 2, and subclause 24(4) provides
that those clauses apply to datacasting services in the same way as
they apply to broadcasting services. The effect of
subclause 30(3) would be to require all broadcasting and
datacasting licence holders to comply with clauses 3 and
3A of the Broadcasting Services Act, as amended by
subclauses 30(1) and (2) of the Bill for the
purpose of the plebiscite.
162.
This means
that licence holders would be required to comply with special
conditions relating to broadcasting plebiscite matter during the
election period for the plebiscite, including the requirement to
give a reasonable opportunity to broadcast plebiscite to
representatives of organisations on both sides of the debate, and
to adhere to the media blackout period. This provision is required
to give full effect to the modifications in subclauses 30(1) and
(2) of the Bill.
Clause 31 - SBS
to give a reasonable opportunity to broadcast plebiscite
matter
163.
Clause 31
would provide that the SBS Act applies to the plebiscite as if a
new section 70BA was inserted after section 70B of that
Act.
164.
The new
section 70BA would require the SBS to give a reasonable opportunity
to broadcast plebiscite matter to organisations in favour and not
in favour of the plebiscite proposal. The new section would provide
that if, during the plebiscite period, SBS broadcasts plebiscite
matter that is in favour of the plebiscite proposal, SBS must give
a reasonable opportunity to a representative of an organisation
that is not in favour of the plebiscite proposal to broadcast
plebiscite matter during that period, and vice versa. The new
subsection 70BA(2) would provide that the new
subsection 70BA(1) does not require the SBS to broadcast
any matter free of charge.
165.
Clause 4
of the Bill would define the terms ‘plebiscite matter’
and ‘plebiscite period’. The plebiscite period would
mean the period that starts 33 days before the voting day for the
plebiscite and ends at the close of voting on that day. The
reference to the plebiscite period would have the effect of
limiting the time period in which the obligations on the SBS would
apply.
166.
The effect
of the new section 70BA would be to require the SBS to give
representatives from both sides of the debate a reasonable
opportunity to broadcast plebiscite matter via paid advertisements
on the SBS in the lead up to the voting day for the plebiscite.
While the effect of the new section 70BA may limit the SBS’s
discretion under section 70A of the SBS Act in relation to
determining to what extent and in what manner it broadcasts
political or controversial matter, this requirement is consistent
with the approach taken in federal elections and referendums. It
would also be consistent with the requirement that would be imposed
on broadcasters covered by the Broadcasting Services Act. It
would ensure that Australian voters receive information from both
sides of the debate to enable them to make an informed view on the
plebiscite proposal.
Clause 32 - SBS not to broadcast advertisements containing
plebiscite matter during the blackout period
167.
Clause 32
would provide that section 70C of the SBS Act applies to the
plebiscite as if that section created a blackout period in which
the SBS would be prohibited from broadcasting any advertisement
that contains plebiscite matter during the defined blackout period.
Paragraph 32(a) would define the blackout period as commencing at
the end of the Wednesday before the polling day, and paragraph
32(b) would define the blackout period as ending at the close of
the poll on that polling day.
168.
The effect
of this clause would be to give people time in the days leading up
to the voting day to consolidate their thoughts without being
exposed to continuous advertising. The blackout period for the
plebiscite would be consistent with the blackout period for federal
elections. There are no blackout periods for referendums. The
blackout period imposed on the SBS by operation of this clause
would be consistent with the blackout period imposed on
broadcasters operating under the
Broadcasting Services Act provided for by
subclause 30(2) of the Bill.
Part 4 -
Miscellaneous
Clause 33 -
Regulations
169.
Clause 33
would provide a power for the Governor-General to make regulations
under the Bill. Subclause 33(1) would enable regulations to
be made which prescribe matters either required or permitted by the
Bill (paragraph 33(1)(a)); or necessary or convenient for carrying
out or giving effect to the Bill (paragraph 33(1)(b)).
170.
Subclause
33(2) would provide that, without limiting the operation of
subclause 33(1), the Governor-General may make regulations
modifying the operation of any instrument or part thereof made
under any Commonwealth Act.
171.
Subclause
33(3) would provide that the terms of the Bill do not limit the
regulations that the Governor-General may make under this
regulation-making power.
172.
This
clause is necessary to ensure the Bill can be implemented
effectively.
Schedule 1 -
Forms
173.
Schedule 1
to the Referendum Act contains the forms for the writ for a
referendum (Form A) and for the ballot-paper (Form B).
Subclause 14(3) of the Bill would provide that, for the purpose of
the plebiscite, Schedule 1 to the Bill would replace forms A and B
in the Referendum Act with new forms for the
plebiscite.
Form A
- the writ
174.
The
replacement Form A is the writ the Governor-General would issue to
the Electoral Commissioner to direct that the plebiscite be
conducted. The structure and text of the writ largely mirrors that
used in the Referendum Act, but has been modified as
follows:
-
The
replacement Form A would compel the Electoral Commissioner to
submit the plebiscite proposal (as defined in clause 4 of the Bill,
above) to electors. It would not compel the
Electoral Commissioner to submit a proposed law for the
alteration of the Australian Constitution. This is because the
plebiscite would be a vote on a simple question - the
plebiscite proposal - rather than a vote to approve a
proposed law for the alteration of the Australian Constitution
like a referendum.
-
The
replacement Form A refers to the plebiscite proposal being
submitted to the electors who are entitled to vote at an election,
rather than the electors who are qualified to vote at referendums.
This is because electors are defined in the Referendum Act, as
it would apply to the plebiscite by operation of clause 9 of
the Bill, as a person whose name appears on a Roll of electors kept
pursuant to the Electoral Act.
-
The
replacement Form A removes the reference to laws in States and
Territories.
175.
The effect
of these changes to Form A would be to create a writ specific to
the plebiscite context, which would allow the Governor-General to
command the Electoral Commissioner to submit the plebiscite
proposal to all persons entitled to vote at elections.
Form B
- the ballot-paper
176.
The
replacement Form B is the ballot-paper that people would complete
on the voting day for the plebiscite. This form would set out the
question to be submitted to voters, which would be: ‘From
December 2005 to December 2016 Australia’s population grew
from 20.5 million to 24.4 million; 62% of this growth was from net
overseas migration. Do you think the current rate of
immigration to Australia is too high?’
177.
This form
has been revised to create a form specific to the plebiscite on the
level of Australian migration. The replacement Form B does not
refer to the State or Territory of the voter, as this is not
relevant to the plebiscite.
Statement of
Compatibility with Human Rights
Prepared
in accordance with Part 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011
Plebiscite
(Future Migration Level) Bill 2018
This Bill
is compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of
the Human Rights (Parliamentary Scrutiny) Act
2011 .
Overview of the Bill
This Bill
proposes that a plebiscite be held at the time of the next general
election to allow the people of Australia who are entitled to vote
at elections to provide their view on the rate of
immigration.
Human rights implications
This Bill
does not engage any of the applicable rights or
freedoms.
Conclusion
This Bill
is compatible with human rights as it does not raise any human
rights issues.
Last night I stayed home and watched as the election results revealed themselves on the television. Quite early in the evening they showed various venues with mature people dressed up in emblematic red t-shirts looking triumphant and trustingly happy. The meaning of this was that the Victorian Labor Government has been returned to power with an increased majority to govern for the next four years. 
Dear 7.30.
Please see 
Ex Labor leader, Mark Latham, recently joined Pauline Hanson's One Nation Party and will be running for the NSW legislative council at the next state election. Here is his 8-Point Plan to "save Sydney “suffocating” from overpopulation and overdevelopment."
BRAG has always tried to remain unaligned politically but the plans the Andrews’ Government has for centralizing planning, if re-elected, require us to take a stand. The plans are being developed in secret by Labor to ensure that massive changes can be rammed through, if re-elected, to push at least 70% of new medium to high density housing into the middle suburbs of Melbourne. What this means is that you can expect multi-storey blocks of flats in your local street and neither you nor your council will be able to do a thing about it. You will have no right to be advised, object or appeal and the first indication will be when construction commences.
The latest film clip by Dr Liz Allen via the ABC explains why we apparently shouldn't be worrying about Australia's population size, because the real issue is in fact social inequality. But what Dr Allen is doing here is creating a false dichotomy. In doing so she is attempting to channel all discussion on what is actually a highly nuanced issue into one where those involved are forced to pick a side.
ABC 7.30 Report last night aired part one of its three-part population special, which included me as the economist. While I will reserve judgement until the final two-parts have been aired, my initial gut reaction is disappointment. The main problem I see with it so far is the ABC has inferred that a population of more than 40-million mid-century is inevitable rather than a direct policy choice. Nowhere did The ABC clearly show how the federal government massively increased Australia’s immigration intake from the early-2000 
Scott Morrison 
In response to claims that DNA from a 350-year-old dingo tooth could save the species in Australia, National Dingo Preservation and Recovery Program spokesperson Dr Ian Gunn said the reverse was the case. “On past experience, the evidence will be used to justify a continued sheep industry campaign to exterminate the species across Australia. Just because of the introgression of domestic dog genetics in some individuals, or because they are not the dingo variety identified by the genes in this ‘one-tooth’, they then falsely claim the animals they are killing are not real dingoes." 
This article comments on the Australian war propaganda that was used in a recent episode, involving Jaqui Lambi, of "Go back to where you came from" on SBS. It responds to a recent article (
An Australian parliamentarian, Senator Hansen, has called for a plebiscite on immigration levels to this country. "In the decade to 2016 the Australian population increased by 3.5 million, 60% of which was from overseas migration. Given the impact a continuing population growth of this same order will have on already over-stretched infrastructure particularly, in our major cities, a national plebiscite should be held at the time of the next general election to allow the people of Australia to express their opinion. The plebiscite will ask Australian their views on continuing with the current high rate of migration. The Plebiscite (Future Migration Level)Bill 2018 (the Bill) would establish the legislative framework for a compulsory, in-person vote in a national plebiscite that would ask Australians, in view of the level of population increase from migration in the ten years to 2016: “Do you think the current rate of immigration to Australia is too high?”"
Interview begins around 9.40 minutes into the show.Gung-ho interviewer, Bart Chilton, apparently hoping to recommend investing in Australian stocks, found out that Australia's economy is about as diverse as Uganda's and Ethiopia's, that it consists of holes and houses, and that Australian governments have stupidly marketised energy, making costs too high for Australian manufactures. "Energy and telecommunications are both being disastrously mishandled." Banks and mines dominate the Australian stock exchange, which reminds Keen of when they dominated the Japanese stock exchange - just before the 1990 bubble burst, with no important banks situated in Japan anymore. Our stock market is trivial compared to our bond market. Dr Keen also mentions the 
As well as discussing the danger of opera house yabby nets for Australia's platypuses, Doug Gimesy talks about the impacts of human population on platypus populations.
Australia’s annual permanent migrant intake has fallen to its lowest level in more than a decade after a Federal Government crackdown on dodgy claims. Home Affairs Minister Peter Dutton said the government had restored integrity to the migration program to make sure the “best possible” migrants were brought into the country through tougher vetting. William Burke from 
House prices are higher in Sydney and Melbourne than in almost all other developed-nation cities with the result that most young households cannot afford to buy a detached house. Why? Part of the explanation is a combination of generous tax benefits to investors and upgrading home owners. This has prompted massive investment in dwellings, but mostly in established detached housing. This investment drives up prices without adding to supply. New research report, 3 July 2018Bob Birrell and Ernest Healy, 
How dare the Urban Development Institute of Australia tell the State Government that it should set housing targets for each council to cope with Melbourne's rapid population growth and then if we don't meet the targets they set we will be victimised. [1] They even specifically mentioned Boroondara and Stonnington as not pulling their weight and referred to NIMBYs. As a resident of Boroondara I can assure the Development Institute that Boroondara is being flooded with buildings to such an extent that the whole neighbourhood character is being ruined, what on earth do they want. High rise on every suburban street?
Towards 2000 people rallied on the morning of June 9, 2018 at 11.00 a.m to protest against live animal exports. The rally, organised by The Animal Justice Party and Animals Australia, attracted a very united crowd of men women and children horrified by the inevitable and intense pain and suffering inflicted on the hapless cargo of these ships no matter where they are headed. 
On Tuesday May 29 at 10:00am AEST, 
The Public Housing Defence Network is calling for the Opposition parties to support the Greens motion in Parliament on Wednesday 6 June 2018 to block the Andrews Governments Public Housing Renewal Programme (PHRP). The PHRP reduces Public Housing, displaces tenants, sells off public land to private developers and reduces open space and amenity, and will drive up homelessness. If you would like to stop the Andrews Government PHRP, please contact the Opposition MPs from Monday 28 May, by email, phone, or text. (See suggested letter and addresses inside.) Every action counts!
My first memories are of when I was a tiny sapling amongst my contemporaries bordering the fence line of a sprawling four bedroom house, a house which was the height of fashion in architecture back then in 1912. It was a lovely environment for me to grow up in as it was for the children who lived in the house. They used to spend a lot of time with us outside, especially in the warmer months. They had a swing suspended with ropes from a branch of one of the larger trees. Mostly they took it in turns, but occasionally they would quarrel over whose turn it was next. One of the children built a tree house in that same tree and used to sit up on high, higher than I was, reading his favourite books and eating biscuits.
"In an irresponsible and callous move and buried in the discussion paper of the Authority To Control Wildlife Review, the Daniel Andrews’ Government has signalled interest in adopting a policy that will see ALL sick, injured and orphaned kangaroos, wombats, possums and cockatoos KILLED instead of rescued and rehabilitated. This short-sighted and catastrophic policy may act to drive wildlife carers underground and will see members of the public refusing to hand over animals to vets and shelters in the fear that joeys and saveable animals will be automatically killed, resulting in horrendous and widespread animal suffering." (Helen Round, Wildlife carer, Macedon Ranges, Victoria.)
The Australian Wildlife Protection Council has serious concerns about the protection of seals on Mornington Peninsula beaches. Seals are a fascinating visitor to our beaches all year round, whether a regular inhabitant or the occasional day-tripper, they come to rest during the day after a night of feeding in the bay. But they are increasingly at threat of human interference when they rest on our busy beaches during the holiday season. Our pleas for help have fallen on deaf ears and our state government department the Department of Environment, Land, Water and Planning (DELWP), authorised to protect wildlife, is failing miserably when it comes to wildlife welfare and seal protection. They refuse to meet with ALL relevant stakeholders and fail to support wildlife volunteers to establish any kind of system to actively manage the situation.
[Article by Sally Pepper.] The Communications Ombudsman, Judi Jones, said today that nearly one in two Australians have problems with their phone or internet service and that one in four issues were not resolved after four months. For small business, the situation is even worse. I can relate to this, and I bet you can too. 
This is the first time, to our knowledge, that the ABC has departed from its growthist mantra, allowing its reporters to describe the problem and really let the public know how bad it is. "We need to focus on corruption, population to halt biodiversity loss." Researchers say targets for biodiversity loss ignore key drivers such as human population and corruption." Article by ABC Science, environment reporter Nick Kilvert. First published here: 
Have you noticed the sudden unexpected coverage about population on the ABC? On the 12th of March, 4 Corners ran an episode called ‘
The Electrical Trades Union has slammed a recent report by the Grattan Institute as little more than an opportunistic call to sell-off Australia’s essential electricity assets to its corporate mates. ETU National Secretary Allen Hicks described the report as lacking integrity and avoiding the real cost drivers in Australia’s energy system. He also drew attention to the numerous fires started by electrical infrastructure faults. This is a matter that preoccupies us at candobetter.net as we see more and more bush cleared, wildlife lose habitat, and all the while most fires are started by humans and electrical faults. The Victorian Bushfire Commission 
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