Citizens Initiated Referenda Act 1993

22AA Date of indicative referendum not conducted by postal voting

(1)

The date appointed under section 22(2)(a) for holding the indicative referendum under this Act must be a date within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives.

(2)

However, subsection (1) does not apply in the circumstances described in subsection (3) or subsection (5).

(3)

The circumstances referred to in subsection (2) are that—

(a)

the House of Representatives passes a resolution deferring the holding of the indicative referendum; and

(b)

the resolution is passed within 3 months after the date on which the petition is presented to the House of Representatives; and

(c)

the resolution is passed by a majority of 75% of all the members; and

(d)

the House of Representatives fixes a date for the holding of the indicative referendum, and the date is not earlier than 12 months, and not later than 24 months, after the date on which the indicative referendum petition is presented to the House of Representatives.

(4)

In the circumstances described in subsection (3), the date on which the indicative referendum is held is the date fixed by the House of Representatives.

(5)

The circumstances referred to in subsection (2) are that—

(a)

a general election must be held on a date that is within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives (because of section 17 of the Constitution Act 1986); and

(b)

the House of Representatives passes a resolution requiring the indicative referendum to be held on the polling day for the general election.

(6)

In the circumstances described in subsection (5), the indicative referendum is held on polling day.

(7)

If a writ for a general election is issued under section 125 of the Electoral Act 1993 after an Order in Council has been made under section 22(2)(a), the Governor-General may, by Order in Council, revoke the former Order in Council and appoint the polling day for the general election as the day on which the indicative referendum is to be held.

Section 22AA: inserted, on 15 November 2000, by section 86 of the Referenda (Postal Voting) Act 2000 (2000 No 48).

Section 22AA(7): amended, on 28 February 2002, by section 101(2) of the Electoral Amendment Act 2002 (2002 No 1).