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Part 2—Plebiscite on migration to Australia

Part 2 Plebiscite on migration to Australia

   

5   Plebiscite on migration to Australia

             (1)  The Governor-General may cause a plebiscite to be held in accordance with this Act.

             (2)  The question to be submitted to electors at the plebiscite is:

                   “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?”.

Note:          For writ and forms for the plebiscite see section 14 of this Act.

6   Result of the plebiscite

             (1)  The result of the plebiscite is in favour of the plebiscite proposal if, disregarding informal ballot-papers, more than 50% of the votes cast in the plebiscite are given in favour of the plebiscite proposal.

             (2)  The result of the plebiscite is not in favour of the plebiscite proposal if, disregarding informal ballot-papers, more than 50% of the votes cast in the plebiscite are given not in favour of the plebiscite proposal.

Note:          Section 93 of the Referendum Act (which applies because of section 9 of this Act) sets out when a ballot-paper is informal.

7   Functions of the Electoral Commission

             (1)  For the purposes of paragraph 7(1)(g) of the Commonwealth Electoral Act 1918 , the Electoral Commission has the functions conferred on it in relation to the plebiscite by this Act, and the Referendum Act (as it applies because of section 9 of this Act).

Note:          The Electoral Commission has other functions that relate to this function (see paragraphs 7(1)(b) to (f) of the Commonwealth Electoral Act 1918 ).

             (2)  The Electoral Commission may perform the function referred to in subsection (1) of this section in conjunction with the electoral authorities of a State, of the Australian Capital Territory or of the Northern Territory.

8   No offence to vote informally

                   To avoid doubt, a person does not commit an offence under the Referendum Act merely because the person’s ballot-paper is informal.

Note 1:       Section 93 of the Referendum Act (which applies because of section 9 of this Act) sets out when a ballot-paper is informal.

Note 2:       A person may commit an offence if the person fails to vote at the plebiscite (see subsection 45(14) of the Referendum Act, which applies because of section 9 of this Act).