Referendums Framework Bill

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Hon Andrew Little

Referendums Framework Bill

Government Bill

161—2

	Key
1	Title
2	Commencement
3	Repeal
	Part 1 Preliminary provisions
4	Purpose
5	Interpretation
6	Transitional, savings, and related provisions
7	Act binds the Crown
	Part 2 Provisions relating to referendum
	Subpart 1—General provisions
8	Declaration of referendum by Order in Council
9	When referendum to take place
10	Application of Electoral Act 1993
11	Voting system
	Subpart 2—Conduct of referendum
	Officers and polling places
12	Manager, returning officer, polling place, officials, and use of polling places
	Eligibility to vote at referendum
13	Who may vote at referendum
	Referendum voting paper
14	All referendums may be in single voting paper
15	Referendum with more than 1 question
16	Form of referendum voting paper
17	Issue of referendum voting paper
18	Method of voting
	Subpart 3—Counting of votes and declaration of votes
19	Provisions of 1993 Act not to apply to count of referendum votes
20	Procedures before manager of polling place starts preliminary count of votes in general election
21	Referendum voting papers sent to returning officer before being counted
22	Procedure before returning officer starts preliminary count of early votes in general election
23	Counting of referendum votes
24	Return of results of count to Electoral Commission
25	Determination of results by Electoral Commission
26	Declaration of official result of referendum
	Subpart 4—Petitions
27	Method of questioning referendum
28	Petition for inquiry
29	Respondents
30	Procedural matters
31	Jurisdiction of High Court
32	Fresh referendum
	Subpart 5—Offences and penalties
33	Application of provisions of Electoral Act 1993 in respect of referendum
34	Time limits for commencing prosecutions
	Subpart 6—Validation of irregularities
35	Validation of irregularities
	Part 3 Referendum advertising
	Preliminary provisions
36	Application of this Part to conduct inside or outside New Zealand
37	Application of section 3C of Parliamentary Service Act 2000
38	Interpretation
39	Meaning of referendum advertisement
40	Meaning of referendum expenses
41	Meaning of publish
42	Meaning of regulated period
43	Electoral Commission to publish details of regulated period
	Subpart 1—General rules for referendum advertisements
44	Persons who may promote referendum advertisements
45	Maximum amount of registered promoter’s total referendum expenses
46	Persons who may incur referendum expenses in relation to referendum advertisement
47	Apportionment of referendum expenses for publication of referendum advertisement both before and during regulated period
	Counting of expenses
48	Counting of expenses in relation to separate advertisements
49	Counting of expenses in relation to joint advertisements
50	Counting of expenses in relation to jointly promoted referendum advertisements
	Obligations of promoters to keep records
51	Promoters to keep records to verify referendum expenses
	Promoter statements
52	Referendum advertisement to include promoter statement
53	Promoter statement in joint election and referendum advertisement to comply with all content requirements
	Subpart 2—Registered promoters
54	Promoters eligible for registration
55	Application for registration
56	Grounds on which registration must be refused
57	Electoral Commission’s decision on application
58	Obligation to notify Electoral Commission of change in contact details
59	Cancellation of registration
60	Expiry of registration
61	Register to be established
62	Purposes of register
63	Form of register
64	Alterations to register
65	Register to be public
66	Search of register
67	When search constitutes interference with privacy of individual
	Claims against registered promoters for payment of referendum expenses
68	Periods for claiming and paying registered promoter’s referendum expenses
69	Procedure if claim disputed
70	Leave to pay claim after time limitation
71	Invoice and receipt required for referendum expenses of $50 or more
	Returns of referendum expenses
72	Return of registered promoter’s referendum expenses
73	Electoral Commission may require auditor’s report on return of registered promoter’s referendum expenses
74	Return of registered promoter’s referendum expenses to be publicly available
	Subpart 3—Offences and penalties in relation to referendum advertising
75	Illegal practices
76	Illegal practice to avoid limit set out in section 44(b)
77	Offence to incur unauthorised referendum expense
78	Offence to pay referendum expenses in excess of maximum
79	Offence relating to unregistered promoter’s obligation to keep records
80	Offence relating to registered promoter’s obligation to keep records
81	Offences relating to return of registered promoter’s referendum expenses
82	Punishment for corrupt or illegal practice
83	Time limit for commencing prosecutions under Part
	Part 4 Miscellaneous provisions
84	Duty of Electoral Commission
85	Regulations
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Form for petition
	Legislative history

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