Citizens Initiated Referenda Act 1993

22AB Date of indicative referendum conducted by postal voting

(1)

This section applies when the Governor-General makes an Order in Council in accordance with section 22(2)(b) specifying that the indicative referendum be conducted by postal voting.

(2)

The Friday appointed by the Governor-General under section 30(2) of the Referenda (Postal Voting) Act 2000 must be within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives.

(3)

However, subsection (2) does not apply in the circumstances described in subsection (4) or subsection (6).

(4)

The circumstances 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 closing of the voting period, 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.

(5)

In the circumstances described in subsection (4),—

(a)

the Governor-General does not appoint a Friday under section 30(2) of the Referenda (Postal Voting) Act 2000; and

(b)

the date on which the voting period closes is the date fixed by the House of Representatives.

(6)

The circumstances referred to in subsection (3) 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 voting period to close on the polling day for the general election.

(7)

In the circumstances described in subsection (6), the date on which the voting period closes is polling day.

(8)

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 in accordance with section 22(2)(b), 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 voting period closes.

(9)

An order under subsection (8) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

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

Section 22AB(8): amended, on 28 February 2002, by section 101(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 22AB(9): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).