2022-2023 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA 

 

 

 

 

THE SENATE 

  

 

 

 

 

REFERENDUM (MACHINERY PROVISIONS) AMENDMENT BILL 2022  

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM 

 

 

 

 

 

 

Amendment to be moved on behalf of the Government 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of Senator the Hon Don Farrell, Special Minister of State) 

   

 

Glossary 

 

The following abbreviations and acronyms are used throughout this Supplementary Explanatory Memorandum: 

 

Abbreviation	Definition
Bill	Referendum (Machinery Provisions) Amendment Bill 2022
Electoral Act	Commonwealth Electoral Act 1918
ICCPR	International Covenant on Civil and Political Rights
Item	Refers to an Item in the Bill (as amended by the Parliamentary Amendments)
JSCEM	Joint Standing Committee on Electoral Matters
MoPS Act	M embers of Parliament (Staff) Act 1984
Parliamentary Amendments	Amendments in QE100
PBR Act	Parliamentary Business Resources Act 2017
Referendum Act	Referendum (Machinery Provisions) Act 1984

 

AMENDMENTS TO THE REFERENDUM (MACHINERY PROVISIONS) AMENDMENT BILL 2022  

 

GENERAL OUTLINE   

 

The Parliamentary Amendment will retain the expenditure restrictions in subsection 11(4) of the Referendum Act which prevent the Commonwealth from expending money in respect of the presentation of the argument in favour of, or the argument against, a proposed law.

 

The Parliamentary Amendment will also ensure these restrictions do not prevent funding of neutral public civics education and awareness activities to provide the information needed to ensure Australians can cast an informed vote at the next referendum.

 

The amendment also enables the Commonwealth to continue to expend money in relation to consultations with First Nations Leaders through the Referendum Working Group and Referendum Engagement Group, and the Constitutional Expert Group.

 

The Parliamentary Amendment also clarifies that the funding restriction does not apply to salaries and allowances for members of Parliament or their staff under the PBR Act, or agreements for employment or engagement referred to in the MoPS Act . This amendment will also provide greater certainty for when the funding restriction comes into effect.

 

This amendment responds to JSCEM’s advisory report on the Bill, which recommended consideration of further amendments to the Bill to ensure clear, factual and impartial information is made accessible to all voters as part of the referendum process.

 

 

FINANCIAL IMPACT  

 

Nil.

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS  

 

A Statement of Compatibility with Human Rights has been completed in relation to the Parliamentary Amendment to the Bill. The amendment has been assessed as compatible with Australia’s human rights obligations.  

 

Statement of Compatibility with Human Rights  

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011  

 

Referendum (Machinery Provisions) Amendment Bill 2022  

 

The Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 . 

 

Human rights implications  

 

This Parliamentary Amendment is compatible with human rights as it does not raise any human rights issues.

 

AMENDMENT TO THE REFERENDUM (MACHINERY PROVISIONS) AMENDMENT BILL 2022  

QE100

 

Referendum (Machinery Provisions) Act 1984  

 

1.       Item 1 would remove Clause 4 of the Bill, which proposed the temporary suspension of section 11 of the Referendum Act.

 

2.       Item 2 inserts into the Bill new Schedule 3A, which amends the funding restriction in subsection 11(4) of the Referendum Act to introduce certain exceptions to funding restrictions and to clarify the operation of the provision.  

                                                                                                                                                      

3.       Following subsection 11(4), Item 2 adds new subparagraph 11(4)(c) and new subsections 11(5)-11(8).

 

4.       New subparagraph 11(4)(c) clarifies that expenditure restrictions referred to in subsection 11(4) do not apply to the salaries, allowances and expenses payable under the Constitution, the PBR Act and agreements for employment or engagement referred to in the MoPS Act.

 

5.       New subsection 11(5) provides that the expenditure restrictions will apply in respect of expenditure incurred on or after the end of the day on which a proposed law to alter the Constitution passes the Parliament. This provides certainty about the time from when the funding restrictions will take effect for the term of the 47 ^th Parliament.

 

6.       New subsection 11(6) provides that, for the avoidance of doubt, the funding restriction in subsection 11(4) does not prevent the Commonwealth from expending money in relation to neutral public civics education and awareness activities.

7.       These amendments allow the Commonwealth to expend money to enhance general constitutional awareness and civics education among Australian voters, including information about the processes involved in changing the Constitution at a referendum and the fact of a pending referendum.

8.       New subsection 11(7) provides that, for the avoidance of doubt, new subsection 11(6) does not permit the Commonwealth to expend money with respect to the arguments for or against a proposed law for the alteration of the Constitution.   

 

9.       New subsection 11(8) provides that the expenditure restrictions in subsection 11(4) do not apply to expenditure of money on consultations with First Nations Leaders through the Referendum Working Group and Referendum Engagement Group, and the Constitutional Expert Group. This ensures that important consultations with these Groups can continue after the funding restriction has commenced in accordance with new subsection 11(5).

10.   New subsection 11(9) provides that subsections 11(5) through (8) sunset at the next general election of the members of the House of Representatives.