This note is not part of the order, but is intended to indicate its general effect.
In the circumstances set out in the Preamble of this order, section 44(1) of the Compulsory Retirement Savings Scheme Referendum Act 1997 does not make sufficient provision for the appointment of persons to observe the processing of voting papers. That section assumes that a sufficient number of District Court Judges and retired District Court Judges will be available for that work. That assumption is not correct. The processing of the voting papers can be completed in a timely manner, as required by section 40(1) of the Act, only if a sufficient number of persons can be appointed to act as observers.
This order remedies that lack of sufficient provision for observers by authorising the Minister of Justice to appoint Justices of the Peace as observers.
Such Justices of the Peace will, in the performance of their duties as observers, be subject to the directions of any District Court Judge or retired District Court Judge appointed under section 44(1) of the Act.
A Justice of the Peace is not to discharge, under section 44(2) of the Act, the function of determining whether or not any voting paper is valid or formal. That function must continue to be discharged by a District Court Judge or a retired District Court Judge appointed under section 44(1) of the Act.