2016-2017-2018

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

SENATE

 

 

Plebiscite (future migration level) Bill 2018

 

 

EXPLANATORY MEMORANDUM

 

 

 

(Circulated by authority of Senator Hanson)

                                                                                                                                  

Plebiscite (FUTURE MIGRATION LEVEL) Bill 2018

general Outline

In the decade to 2016 the Australian population increased by 3.5 million, 60% of which was from overseas migration. Given the impact a continuing population growth of this same order will have on already over-stretched infrastructure particularly, in our major cities, a national plebiscite should be held at the time of the next general election to allow the people of Australia to express their opinion.  The plebiscite will ask Australian their views on continuing with the current high rate of migration.

The Plebiscite (Future Migration Level) Bill 2018 (the Bill) would establish the legislative framework for a compulsory, in-person vote in a national plebiscite that would ask Australians, in view of the level of population increase from migration in the ten years to 2016: “Do you think the current rate of immigration to Australia is too high?”.

The Bill is not a standalone piece of legislation. It would apply a number of provisions from the Referendum (Machinery Provisions) Act 1984 (the Referendum Act) and the Commonwealth Electoral Act 1918 (the Electoral Act), as well as other pieces of Commonwealth legislation. The effect of this would be that the plebiscite would be conducted in much the same way as a referendum.

Conducted at the same time as the next general election, the framework for a referendum includes: the ‘one vote per person’ rule; formality rules for ballot-papers; provision for the appointment of scrutineers; and compulsory voting. This framework would apply to the plebiscite. As in referendums, individuals would have access to alternative options for voting, such as pre-poll voting, postal voting and absent voting, if they are not able to vote in their Division on polling day.

In summary, the Bill would:

·          provide that people who are entitled to vote at elections would be asked to vote on the following question at the plebiscite: “Do you think the current rate of immigration to Australia is too high?”

·          require the plebiscite to be held in conjunction with the next general election

·          specify that the outcome of the plebiscite would be determined by a simple majority; that is, more than 50 per cent of the votes cast. Any informal ballot-papers (as determined by the Australian Electoral Commission in accordance with the Referendum Act) would not be included in the count of the number of votes cast

·          extend the application of broadcasting rules in the Broadcasting Services Act 1992 and the Special Broadcasting Service Act 1991 to conduct relating to the plebiscite. This would include the requirement for a blackout period in which broadcasters are prohibited from broadcasting advertisements about the plebiscite. Broadcasters would also be required to provide reasonable opportunities to any person or organisation wishing to broadcast plebiscite material for 30 days prior to the blackout period.    

NOTES ON CLAUSES

Part 1 - Preliminary

Clause 1 - Short title

1.                   Clause 1 would provide for the short title of the Act to be the Plebiscite (Future Migration Level) Act 2018 .

Clause 2 - Commencement

2.                    Clause 2 would provide for the commencement of each provision in the Bill, as set out in the table. Clauses 1 and 2 of the Bill, and anything in the Bill not covered elsewhere in the table, would commence the day after the Bill receives Royal Assent. Clauses 3 to 33 and Schedule 1 of the Bill would commence the day after the day on which the Consolidated Revenue Fund is appropriated for the purposes of paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in relation to the plebiscite.

Clause 3 - Simplified outline of this Act

3.                    Clause 3 would provide a high level overview of the Bill.

4.                    This overview states that the Bill would provide for a national plebiscite to ascertain the views of the Australian people on the level of migration, with the plebiscite broadly to be held in the same way as a referendum held under the Referendum (Machinery Provisions) Act 1984 , and the result to be determined by a simple majority of votes cast.

Clause 4 - Definitions

5.                    Clause 4 would define the terms used throughout the Bill.

6.                    There are six new definitions provided for in subclause 4(1):  plebiscite , plebiscite matter, plebiscite period, plebiscite proposal, Referendum Act and Referendum Regulation .

Definition of ‘ plebiscite ’

7.                    Subclause 4(1) would provide that the term plebiscite is defined as the national plebiscite that will be held in accordance with the provisions of this Act, as enacted. Clause 5 of the Bill would set out the details of the plebiscite to be held in accordance with this Act, being a plebiscite on the question ‘Do you think the current rate of immigration to Australia is too high?’. The Bill would not provide a legislative framework for plebiscites to be held on other issues.

Definition of ‘ plebiscite matter ’

8.                    Subclause 4(1) would provide a definition of plebiscite matter . The definition generally would provide that plebiscite matter means matter which relates to the level of migration to Australia.

·          Definition of ‘ plebiscite period ’

9.                    Subclause 4(1) would provide that the term plebiscite period means the period that starts 33 days before the voting day for the plebiscite and ends at the close of voting on that day.

10.                Definition of ‘ plebiscite proposal ’

11.                Subclause 4(1) would provide that the term plebiscite proposal means the question to be submitted to electors set out in subclause 5(2).

Definition of ‘ Referendum Act ’

12.                Subclause 4(1) would provide that the term Referendum Act means the Referendum (Machinery Provisions) Act 1984. Clause 9 of the Bill would apply the majority of the Referendum Act provisions to the plebiscite, which would enable the plebiscite to be held in much the same way as a referendum.

Definition of ‘ Referendum Regulation ’

13.                Subclause 4(1) would provide that the term Referendum Regulation means the Electoral and Referendum Regulation 2016 . As with the Referendum Act, the Bill would apply the majority of the Referendum Regulation provisions to the plebiscite, to enable the plebiscite to be held in much the same way as a referendum.

Expressions defined in the Referendum Act

14.                Subclause 4(2) would provide that expressions used in the Bill that are defined in the Referendum Act have the same meaning in the Bill as they have in that Act. This is intended to capture expressions that are defined in subclause 3(1) of the Referendum Act (‘Interpretation’), as well as expressions which are defined elsewhere in that Act.

Expressions defined in this Act

15.                Subclause 4(3) would provide that, where this Bill modifies all or part of a provision of another Act or instrument, and an expression used in the modified provision is defined in subclause 4(1), then the expression would have the same meaning in the modified provision as it would have in this Act. As mentioned in the note under subclause 4(3), the term ‘modifications’ is defined in section 2B of the Acts Interpretation Act 1901 . That section defines ‘modifications’ as ‘including additions, omissions and substitutions’.  

Part 2 - Plebiscite on migration to Australia

Clause 5 - Plebiscite on migration to Australia

16.                Clause 5 would set out the key aspects of the plebiscite that would be held in accordance with the Bill.

17.                Subclause 5(1) would provide the Governor-General with the power to cause the plebiscite to be held. This would be achieved by the Governor-General issuing the Electoral Commissioner with a writ setting out the details for the plebiscite, including the voting date for the plebiscite and the question that people would be asked at the plebiscite. The Governor-General’s act of issuing a writ would trigger the process for the Electoral Commission to establish the mechanisms for, and conduct, the plebiscite. This process would mirror the process used in a referendum.  The writ is Form A in Schedule 1 to the Bill. 

18.                Subclause 5(2) would set out the question that people would be asked to vote on at the plebiscite: “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?”

Clause 6 - Result of the plebiscite

19.                Clause 6 would provide that the result of the plebiscite would be determined by a simple majority. That is, the result of the plebiscite would be determined on the basis of whether, across all of Australia, more people vote in favour of the plebiscite proposal or more people vote not in favour of (against) the plebiscite proposal (disregarding informal ballot-papers).

20.                Subclause 6(1) would provide that the result of the plebiscite would be in favour of the plebiscite proposal (i.e. believe the current level of migration is too high) if more than 50 per cent of the votes cast in the plebiscite are given in favour of the plebiscite proposal (‘yes’ votes). Subclause 6(2) would provide that the result of the plebiscite is not in favour of the plebiscite proposal if more than 50 per cent of the votes cast in the plebiscite are given not in favour of the plebiscite proposal (‘no’ votes).

21.                Both subclauses 6(1) and 6(2) would provide that any informal ballot-papers cast in the plebiscite would be disregarded from the vote count and would not affect the plebiscite result. As set out in the note at the end of this clause, section 93 of the Referendum Act, which would apply to the plebiscite by operation of clause 9 of the Bill, would set out when a ballot-paper would be informal . An example of an informal ballot-paper is where a voter does not mark the ballot-paper. This clause would provide certainty about the basis upon which the plebiscite result would be declared.

22.                This process for determining the result of the plebiscite is different to the process for determining the result of a referendum under the Referendum Act. In a referendum, the proposed alteration to the Australian Constitution must be approved by a double majority. That is, both a national majority of votes cast, and a majority of votes in a majority of the States (for example, at least four out of six States), are required for a referendum to be carried. In determining the result, the ballot-papers rejected as informal ballot-papers are not included, as would be the approach for the plebiscite.

23.                The legal effect of a ‘yes’ vote in a referendum is to change the Australian Constitution. By contrast, the plebiscite is intended to provide a broad indication of the public’s view on whether the current level of migration is too high.  Given this difference between the two, it is appropriate that the result for the plebiscite be determined by a simple majority.

Clause 7 - Functions of the Electoral Commission

24.                Clause 7 would provide that certain subsections and paragraphs of section 7 of the Electoral Act apply in relation to the plebiscite.

25.                Subclause 7(1) would provide that, for the purpose of paragraph 7(1)(g) of the Electoral Act, the Electoral Commission has the function conferred on it, in relation to the plebiscite, by this Act and by the Referendum Act.   

26.                Paragraph 7(1)(g) of the Electoral Act provides that the functions of the Electoral Commission include functions conferred on it by or under any law of the Commonwealth. Subsection 7(3) of the Electoral Act provides that the Electoral Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.

27.                Given that subclause 7(1) of the Bill would make it express that conducting the plebiscite is a function of the Electoral Commission, subsection 7(3) of the Electoral Act would be engaged. This would ensure that the Electoral Commission has the authority to perform all necessary functions relating to the conduct of the plebiscite.

28.                The note at the end of subclause 7(1) confirms that the Electoral Commission has other functions relating to the function provided for by paragraph 7(1)(g) of the Electoral Act. The note identifies these functions as those contained in paragraphs 7(1)(b)-(f) of the Electoral Act. These functions include considering and reporting on electoral matters, promoting public awareness of electoral matters, providing information and advice to the Parliament and the Government, conducting research, and publishing material relating to its functions.

29.                Subclause 7(2) would provide that the Electoral Commission can perform its functions relating to the plebiscite (provided for in subclause 7(1)) in conjunction with the electoral authorities of a State, the Australian Capital Territory and the Northern Territory. Allowing this cooperation is administratively necessary for a national plebiscite.     

Clause 8 - No offence to vote informally

30.                Clause 8 would provide certainty that, for the purpose of the plebiscite, an offence is not committed under the Referendum Act (as it would apply to the plebiscite by operation of clause 9 of the Bill) merely because a person’s ballot-paper is determined to be informal.

31.               The effect of this clause would be to clarify that the obligation to vote, provided for by section 45 of the Referendum Act, which would apply to the plebiscite by operation of clause 9 of the Bill, is not an obligation to lodge a formal vote.   

32.                Note 1 would provide that section 93 of the Referendum Act, which would apply to the plebiscite by operation of clause 9 of the Bill, sets out when a ballot-paper would be considered to be informal. These are the same formality rules as apply in a referendum.

33.                Note 2 to this clause would provide clarity that a person may still commit an offence, under subsection 45(14) of the Referendum Act, if they fail to vote in the plebiscite. For example, if a person fails to attend a polling place on voting day, and fails to otherwise participate in the vote by pre-polling, postal voting or voting by electronically assisted voting.

Part 3 - Application of the law in relation to the plebiscite

Division 1 - Application of the Referendum Act

Subdivision A - General

Clause 9 - Application of the Referendum Act

34.                Clause 9 would provide that the Referendum Act applies to the plebiscite, with any modifications to that Act set out in Division 1 of Part 3 of the Bill.

35.                This clause would mean that Referendum Act provisions do not need to be replicated in the Bill. The effect of this clause would be to enable the plebiscite to be held in much the same way as a referendum, using the same well-established processes. This approach would provide certainty and integrity to the plebiscite framework, as plebiscites are not defined in the Australian Constitution, the Electoral Act or the Referendum Act.

36.                The modifications to the Referendum Act, as it would apply in relation to the plebiscite, are set out in clauses 10 to 22. Any modifications the Bill makes to the Referendum Act would apply only in relation to the plebiscite held in accordance with the Bill. These changes would not apply in relation to any future referendums held under the Referendum Act.

Clause 10 - References to referendum

37.                Clause 10 would provide for references to referendum in the Referendum Act to include references to the plebiscite (subclause 10(1)), with some exceptions (subclause 10(2)).

38.                Subclause 10(1) would provide that wherever the words ‘referendum’ or ‘referendums’ appear in the Referendum Act, they would include a reference to the plebiscite. As set out in the note following subclause 10(1), the Referendum Act uses the term ‘referendum’ in many ways, such as ‘a referendum’, ‘the referendum’, ‘each referendum’, or ‘a particular referendum’. 

39.                Subclause 10(1) is required to give full effect to clause 9. The effect of this subclause would be that the existing Referendum Act provisions would apply to the plebiscite, covering procedural aspects such as creating the writ, voting (including postal and pre-polling, and the requirement for compulsory voting), and formality rules for ballot-papers, subject to other modifications set out in this Division.

40.                Subclause 10(1) would also ensure that offences relating to referendums would apply to the plebiscite (see Part X of the Referendum Act). Examples of offences include failing to vote, misleading or deceptive publication, fraudulently tampering with ballot-papers, and engaging in certain activities within six metres of the entrance of a polling booth. This would enable the plebiscite to be held in much the same way as a referendum under the Referendum Act.

41.                Subclause 10(2) would provide for exceptions to subclause 10(1) in relation to certain provisions in the Referendum Act that use the term ‘referendum’. These references to referendum would not include a reference to the plebiscite. Each of these provisions are set out below.

42.                Paragraph 10(2)(a) would provide that subclause 10(1) would not apply to the definitions of referendum and referendum period in subsection 3(1) of the Referendum Act. References in these definitions to ‘referendum’ would not need to include a reference to the plebiscite, as the Bill would define ‘plebiscite’ in clause 4, and replace the definition of ‘referendum period’, for the purpose of the plebiscite, in clause 13 (as set out in the note at the end of clause 10). Paragraph 10(2)(a) would also provide that any other references to ‘referendum period’ in the Referendum Act would not include a reference to the plebiscite. The effect of this would be to ensure that the revised definition of ‘referendum period’ provided for by clause 13 is applied wherever the term appears in the Referendum Act. The referendum period is relevant to determining when certain types of conduct would constitute an offence under the Referendum Act.

43.                Paragraph 10(2)(b) would provide that subclause 10(1) would not apply to the reference to ‘last referendum’ in paragraph 16(2)(b) of the Referendum Act. Paragraph 16(2)(b) of the Referendum Act requires the Electoral Commissioner publish a list of all polling places that have been abolished since the last referendum or election, which ever occurred last. The purpose of paragraph 16(2)(b) is to inform voters about the changes to polling locations since last time they voted. Since Australia has not held a plebiscite since 1977, extending the operation of paragraph 16(2)(b) of the Referendum Act to include a reference to the plebiscite would have no effect for the purpose of the plebiscite. 

44.                Paragraph 10(2)(c) would provide that subclause 10(1) would not apply to the definition of referendum in subsection 62B(6) of the Referendum Act. Section 62B of the Referendum Act restricts the use and disclosure of information in relation to a referendum. It would apply to the plebiscite by operation of clause 9 and subclause 10(1) of the Bill. Subsection 62B(6) provides that any reference to ‘referendum’ in section 62B includes referendums conducted under State or Territory law, in addition to federal referendums. This definition does not need to include a reference to the plebiscite as the term referendum used in the substantive subsections of 62B would include a reference to the plebiscite by operation of subclause 10(1) of the Bill.  

45.                Paragraph 10(2)(d) would provide that subclause 10(1) would not apply to the second reference to ‘referendum’ in section 143 of the Referendum Act. Section 143 of the Referendum Act provides that, on the voting day for a referendum, no election or referendum or vote of electors of any State or Territory, or any part of a State or Territory, shall be held or taken under a law of a State or Territory without the authority of the Governor-General. By operation of clause 9 and subclause 10(1) of the Bill, this section would prevent a State or Territory election or referendum from being held on the same day as the plebiscite without the authority of the Governor-General. The effect of paragraph 10(2)(d) would be that the second reference to referendum in section 143, being a reference to a referendum held or taken under a law of a State or Territory, would not include a reference to the plebiscite as this is not a scenario that could occur.

46.                Paragraph 10(2)(e) would provide that subclause 10(1) would not apply to any references to ‘referendum’ in section 11 of the Referendum Act. Section 11 of the Referendum Act provides for the distribution to electors of arguments in favour and not in favour of the proposed law to change the Australian Constitution. As a result of this paragraph and subclause 11(2) of the Bill, it will not be necessary for formal arguments in relation to the plebiscite to be distributed to electors.

47.                Paragraph 10(2)(f) would provide that subclause 10(1) would not apply to any references to ‘referendum’ in section 145 of the Referendum Act. Section 145 of the Referendum Act deals with the repeal of Acts specified in Schedule 2 of that Act, and the interaction between existing regulations and the Referendum Act. Given section 145 refers to referendums in the context of historic Acts and regulations, it is not necessary for these references to include a reference to the plebiscite that would be provided for by the Bill.

48.                Paragraph 10(2)(g) would provide that subclause 10(1) would not apply to all references to ‘referendum’ in Schedule 2 to the Referendum Act. Schedule 2 to the Referendum Act lists the Acts that are repealed by the Referendum Act. All references to ‘referendum’ in Schedule 2 are in the titles of repealed Acts. It is not appropriate for those references to include a reference to the plebiscite.

49.                Paragraph 10(2)(h) would provide that subclause 10(1) would not apply to the reference to ‘referendum’ in paragraph 13(c) of Schedule 4 to the Referendum Act. Schedule 4 to the Referendum Act relates to the preliminary scrutiny of declaration votes. Paragraph 13(c) defines the term ‘election’ in relation to the scrutiny of a declaration vote of someone who was not registered in a Division due to an error, where there has been more than one election since the mistake was made or a redistribution of Divisions has occurred. Paragraph 13(c) provides that ‘election’ includes a referendum for the purpose of this scrutiny provision. This provision refers to past elections (i.e. whether, at the time of the scrutiny to which the rules are being applied, more than one previous election or referendum has occurred since the error or mistake was made that caused the person not to be registered in a Division). Given the plebiscite proposed by the Bill is not a past plebiscite, it is not necessary for this reference to referendum to include a reference to the plebiscite.   

Clause 11 - References to proposed law

50.                Subclause 11(1) would provide that the Referendum Act applies to the plebiscite as if references in that Act to ‘proposed law for the alteration of the Australian Constitution’ (paragraph 11(1)(a) of the Bill) and ‘proposed law’ (paragraph 11(1)(b) of the Bill) also included references to the plebiscite proposal (as defined in clause 4). This subclause is required to give full effect to clause 9. The effect of this subclause would be to enable the plebiscite to be conducted in much the same way as a referendum.

51.                Subclause 11(2) provides that subclause 11(1) of the Bill does not apply in relation to section 11 of the Referendum Act. For the purpose of a referendum, section 11 of the Referendum Act provides for the distribution to electors of arguments in favour and not in favour of the proposed law to change the Australian Constitution. As a result of this subclause and paragraph 10(2)(e) of the Bill, it will not be necessary for formal arguments in relation to the plebiscite to be distributed to electors.

Clause 12 - References to the Referendum Act, the Referendum Regulation or provisions of the Referendum Act

52.                As with clauses 10 and 11, clause 12 would provide that the Referendum Act applies as if references in that Act to that Act (paragraph 12(a)), a provision of that Act (paragraph 12(b)), or the Referendum Regulation (paragraph 12(c)), would include references to those things as they apply in relation to the plebiscite (i.e. as applied, with modifications, by the Bill).

53.                This clause is required to give full effect to clause 9. The effect of this provision would be to ensure that self-referencing provisions of the Referendum Act would apply, as modified by the Bill, to the plebiscite. This means that the plebiscite would be conducted in much the same way as a referendum.

54.                The note to this clause provides an example of the application of this clause to a reference to ‘that Act’ in section 116 of the Referendum Act.

Clause 13 - Meaning of referendum period

55.                Clause 13 would replace the definition of referendum period in subsection 3(1) of the Referendum Act with a revised definition for the purpose of the plebiscite. The referendum period is relevant to when specific types of conduct would constitute an offence (see Part X of the Referendum Act for the majority of the offence provisions, which include conduct such as making misleading or deceptive statements).

56.                For the purpose of the plebiscite, paragraph (a) of the definition would specify that the referendum period commences at the start of the day the Act commences. By contrast, for referendums, the referendum period commences on the day of the issue of the writ for the referendum. Paragraph (b) of the definition would specify that the referendum period ends at the latest time on the voting day for the plebiscite at which an elector in Australia could enter a polling booth for the purpose of voting at the plebiscite. This is the same as it is for referendums.

57.                The effect of this replacement definition would be to extend the referendum period for the plebiscite so that it begins earlier than it would for a referendum. This would ensure the relevant offences apply for the full duration of the period between when the Bill commences, and when the plebiscite is held.

Subdivision B - Holding the plebiscite

Clause 14 - Writ and forms for the plebiscite

58.                Clause 14 is relevant to the writ (Form A) and ballot-paper (Form B) in Schedule 1 to the Bill. Clause 14 would set out modifications to the Referendum Act, as it would apply to the plebiscite, to remove references to documents that would not be required for the plebiscite, and to replace the writ and ballot-paper for the purpose of the plebiscite.

59.                 Subclause 14(1) would provide that the Referendum Act applies to the plebiscite as if subsection 8(1) were replaced with a new subsection. Subsection 8(1) of the Referendum Act sets out requirements for the writ for a referendum, including that the writ may be in accordance with forms set out in Schedule 1 of that Act, shall be signed by the Governor-General and appoint days for the close of rolls, taking votes and for the return of the writ.

60.                The replacement subsection 8(1) modifies these requirements to require that the writ for the plebiscite be issued on the same day that the writs are issued for the next general election and that the days for the close of rolls and voting are the same as for the next general election.

61.                Paragraph 14(2)(a) would omit subsection 8(2) and paragraph 12(a) from the Referendum Act as it would apply to the plebiscite. Subsection 8(2) of the Referendum Act requires the Governor-General to attach a copy of the proposed law, or a statement setting out the text of the proposed law and the proposed textual alterations to the Australian Constitution, to the writ for a referendum. This subsection is not required for the purpose of the plebiscite because the plebiscite, if carried, would not result in an automatic change to the law.

62.                Paragraph 12(a) of the Referendum Act requires the Governor-General to cause a copy of the writ and a copy of the proposed law or of the statement (if any) attached to the writ to be forwarded to the Governors of the States, the Chief Minister for the Australian Capital Territory and the Administrator of the Northern Territory. This paragraph is not required for the purpose of the plebiscite because the plebiscite does not affect the States and Territories in the same way that a referendum would. On this basis, it is not necessary for the Governor-General to forward a copy of the writ for the plebiscite to the States and Territories.

63.                Paragraph 14(2)(b) of the Bill would remove the reference to ‘and a copy of the proposed law or of the statement (if any) attached to the writ’ from paragraphs 12(b) and 13(b) of the Referendum Act. Paragraph 12(b) of the Referendum Act requires the Governor-General to, after issuing a writ, forward the original writ and a copy of the proposed law or statement (if any) to the Electoral Commissioner. Paragraph 13(b) of the Referendum Act requires the Electoral Commissioner to publish the particulars of the writ and the copy of the proposed law or statement in the Gazette .   

64.                Paragraph 14(2)(c) of the Bill would omit paragraph 14(1)(a) and subparagraphs 14(1)(b)(ii) and (iii) from the Referendum Act as it would apply to the plebiscite. Paragraph 14(1)(a) of the Referendum Act requires the Australian Electoral Officer for each State and Territory to cause copies of a statement setting out the text of the proposed law and the text of the particular provisions (if any) of the Australian Constitution proposed to be altered by the proposed law to be made available at offices of the Electoral Commission in that State or Territory, and at such other places as the Electoral Commissioner directs. Paragraph 14(1)(b) of the Referendum Act requires the Australian Electoral Officer for each State and Territory to cause a notice setting out, inter alia , a copy of the proposed law or of the statement (if any) attached to the writ (subparagraph 14(1)(b)(ii)), and the places at which copies of the statement referred to in paragraph 14(1)(a) are available (subparagraph 14(1)(b)(iii)) to be inserted in not less than 2 newspapers circulating generally in the State or Territory.

65.                The effect of paragraphs 14(2)(b) and 14(2)(c) of the Bill would be to remove references to the proposed law, statements setting out the text of the proposed law, and text of the particular provisions of the Australian Constitution proposed to be altered by the proposed law from the Referendum Act as it would apply to the plebiscite. References to these documents would not be relevant to the plebiscite, as the public would be asked to vote on a simple question, not on a specific proposed law or change to the Australian Constitution. This is different to the process in referendums, where people are asked to vote on whether they support a proposed change to the law which has been passed by at least one house of Parliament already. This difference in approach is because referendums are legally binding and, if a referendum was successful, the proposed law to change the Australian Constitution would be implemented automatically. Conversely, the result of the plebiscite would not result in an automatic change to the law.

66.                Subclause 14(3) would replace Forms A and B in Schedule 1 to the Referendum Act with forms developed specifically for the plebiscite. The replacement Forms A and B are in Schedule 1 to the Bill. The differences between the forms for a referendum and the replacement forms for the purpose of the plebiscite are outlined in the explanatory material relating to Schedule 1.

Subdivision C - Determining the result of the plebiscite

Clause 15 - Appointment of scrutineers for voting  

67.                Clause 15 would provide that the Referendum Act applies to the plebiscite as if section 27 of that   Act were replaced with a new section.

68.                Existing section 27 of the Referendum Act sets out who may appoint scrutineers for the purpose of scrutineering the voting on polling day in a referendum. Subsections 27(1) to (3) provide for the Governor-General, the Governor of a State, the Chief Minister for the Australian Capital Territory, and the Administrator of the Northern Territory, or a person authorised by one of those people, to appoint scrutineers for polling day. Subsection 27(4) provides that the registered officer of a registered political party may appoint persons to act as scrutineers during voting.

69.                The effect of clause 15 would be that none of those people would be authorised to appoint scrutineers for the purpose of the plebiscite.

70.                Instead, the replacement subsection 27(1) would provide that a member of the Parliament of the Commonwealth may appoint persons to scrutineer the vote on polling day. Replacement subsection 27(1) would restrict the ability of a member of Parliament to appoint scrutineers to the polling places in the member’s State or Territory.

71.                To avoid overcrowding at polling places, and so that Electoral Commission officials can perform their duties, it is important that there be a restriction on the number of scrutineers able to be appointed at each polling place. The replacement subsection 27(2) would provide that the Special Minister of State may limit the number of scrutineers allowed at a polling booth by making a legislative instrument.

72.                Replacement subsection 27(3) would define the term State or Territory for the purpose of the replacement section 27. Replacement subsection 27(3) would define the State or Territory of a member of the Parliament of the Commonwealth as being the State or Territory in which the Division for which the member is elected is located (for Members of the House of Representatives)(paragraph 27(4)(a)), or the State or Territory of a Senator (paragraph 27(4)(b)). This effect of this would be that, for example, a Member of the House of Representatives whose Division is located in New South Wales would be able to appoint people to scrutineer the vote in every polling place in New South Wales, as would all Senators elected for New South Wales.

73.                Scrutineers perform an important function in ensuring the integrity of the vote is maintained. In a referendum, the legal effect of a ‘yes’ vote is to change the Australian Constitution. In such circumstances, it is appropriate that the Commonwealth and the States and Territories, as contracting parties to the Australian Constitution, are able to appoint scrutineers. By contrast, the plebiscite is intended to provide a broad indication of the public’s view on whether the rate of immigration to Australia is too high. As such, this function is most appropriately performed by individuals appointed by members of the Parliament of the Commonwealth, who represent the views of their constituents across Australia.

74.                There is no requirement that each and every member of the Parliament appoint scrutineers, or that scrutineers be appointed to scrutineer both sides of the debate at every location.

75.                Subregulation 21(2) of the Referendum Regulation (which would apply to the plebiscite by operation of clause 23 of the Bill), provides that a person who may appoint a scrutineer under section 27 of the Referendum Act may also appoint scrutineers to attend authorised call centres to scrutineer electronically assisted voting. Therefore, clause 15 would also have the effect of allowing a member of the Parliament of the Commonwealth to appoint scrutineers for the purpose of scrutineering electronically assisted voting.

Clause 16 - Appointment of scrutineers for pre-poll voting  

76.                Clause 16 would provide that the Referendum Act applies to the plebiscite as if section 73CA of that Act were replaced with a new section.

77.                Section 73CA of the Referendum Act sets out who may appoint scrutineers for the purpose of scrutineering pre-poll voting in a referendum. Subsections 73CA(1) to (4) provide for the Governor-General, the Governor of a State, the Chief Minister for the Australian Capital Territory, and the Administrator of the Northern Territory, or a person authorised by one of those people, to appoint scrutineers for the purpose of scrutineering pre-polling in a referendum. Subsection 73CA(5) of the Referendum Act provides that the registered officer of a registered political party may appoint persons to act as scrutineers for pre-poll voting.

78.                The effect of clause 16 would be that none of those people would be authorised to appoint scrutineers for the purpose of pre-poll voting in the plebiscite. 

79.                Instead, the replacement subsection 73CA(1) would provide that a member of the Parliament of the Commonwealth may appoint persons to scrutineer the vote at pre-poll voting offices. Replacement subsection 73CA(1) would restrict the ability of a member of Parliament to appoint scrutineers to the pre-poll voting offices in the member’s State or Territory.  

80.                To avoid overcrowding at pre-poll voting offices, and so that Electoral Commission officials can perform their duties, it is important that there be a restriction on the number of scrutineers able to be appointed at each pre-poll voting office. The replacement subsection 73CA(2) would provide that the Special Minister of State may limit the number of scrutineers that may be appointed by members of Parliament by making a legislative instrument.

81.                Replacement subsection 73CA(3) would define the term State or Territory for the purpose of the replacement section 73CA. The replacement subsection 73CA(3) would mirror the replacement subsection 27(3) provided for by clause 15 above.

82.                As with clause 15 above, it is important to retain the scrutineering function for the plebiscite to ensure that the integrity of the vote is maintained. As above, it is appropriate for members of the Parliament of the Commonwealth, who represent the views of their constituents, to perform the scrutineering function for the purpose of the plebiscite.

83.                There is no requirement that each and every member of the Parliament appoint scrutineers, or that scrutineers be appointed to scrutineer both sides of the debate at every location.

Clause 17 - Ascertainment of result of plebiscite  

84.                Clause 17 would provide that the Referendum Act applies to the plebiscite as if section 89 of that Act were replaced with a new section.

85.                Section 89 of the Referendum Act provides that the result of a referendum is determined by scrutiny (counting), and sets out who may appoint scrutineers for the purpose of scrutineering the counting. Subsections 89(2) to (4) provide for the Governor-General, the Governor of a State, the Chief Minister for the Australian Capital Territory, and the Administrator of the Northern Territory, or a person authorised by one of those people, to appoint scrutineers for the purpose of the scrutiny. Subsection 89(4A) of the Referendum Act provides that the registered officer of a registered political party may appoint persons to act as scrutineers during scrutiny at counting centres.

86.                The effect of clause 17 would be that none of those people would be authorised to appoint scrutineers for the purpose of the scrutiny.

87.                The replacement section 89 would provide for alternative arrangements for the scrutiny for the purpose of the plebiscite. The replacement subsection 89(1) would provide that the result of the plebiscite shall be ascertained by scrutiny. This provision mirrors the existing provision in the Referendum Act.

88.                The replacement subsection 89(2) would provide that a member of the Parliament of the Commonwealth may appoint persons to scrutineer the vote during scrutiny at each counting centre. Replacement subsection 89(2) would restrict the ability of a member of Parliament to appoint scrutineers to the counting centres in the member’s State or Territory.

89.                To ensure that Electoral Commission officials can perform their duties, it is important that there be a restriction on the number of scrutineers able to be appointed to each counting centre. The replacement subsection 89(3) would provide that the Special Minister of State may limit the number of scrutineers that may be appointed by members of Parliament by making a legislative instrument.

90.                The replacement subsection 89(4) would define the terms counting centre and State and Territory for the purpose of the replacement section 89. Replacement subsection 89(4) would define the term counting centre as any premises at which a scrutiny or counting of ballot-papers for the plebiscite is to be, or is being, conducted. This definition mirrors the existing definition in section 89 of the Referendum Act.

91.                The definition of State and Territory in the replacement subsection 89(4) would mirror the definitions set out in the replacement subsections 27(3) and 73CA(3), as provided for by clauses 15 and 16 above.

92.                As with clauses 15 and 16 above, it is important to retain the scrutineering function for the plebiscite to ensure that the integrity of the vote is maintained. As above, it is appropriate for members of the Parliament of the Commonwealth, who represent the views of their constituents, to perform the scrutineering function for the purpose of the plebiscite.

93.                There is no requirement that each and every member of the Parliament appoint scrutineers, or that scrutineers be appointed to scrutineer both sides of the debate at every location.

Clause 18 - Recount

94.                Clause 18 would provide that the Referendum Act applies to the plebiscite as if subsection 95(2) of that Act were replaced with a new subsection.

95.                Subsection 95(2) of the Referendum Act sets out when the Electoral Commissioner may direct a recount of ballot-papers. The replacement subsection 95(2) would provide that the Electoral Commissioner may direct a recount of any ballot-papers if requested to do so by the a member of the Parliament of the Commonwealth, or on his or her own motion. This is different to the current provision for referendums. The current subsection 95(2) of the Referendum Act provides for the Electoral Commissioner to direct a recount at the request of the Governor-General, the Governor of a State, the Chief Minister for the Australian Capital Territory or the Administrator of the Northern Territory, or of his or her own motion. The effect of this clause is that the Electoral Commissioner would not be able to direct a recount at the request of any of those individuals, but instead would be able to do so at the request of any member of the Parliament of the Commonwealth.   

96.                This clause is consistent with clauses 15, 16 and 17, which would amend the Referendum Act to restrict who can appoint scrutineers for the purpose of the plebiscite to a member of the Parliament of the Commonwealth. Only the scrutineers appointed by a member of the Parliament would have the necessary knowledge of the counting process to initiate a request for a recount of the votes in the plebiscite.

Clause 19 - Return of the writ       

97.                Clause 19 would provide that the Referendum Act applies to the plebiscite as if subsection 98(1) of that Act was replaced with a new version, and section 99 of that Act was omitted.

98.                Subsection 98(1) of the Referendum Act sets out the requirement for the Electoral Commissioner to certify the results of a referendum and return the writ to the Governor-General. For the purpose of the plebiscite, the replacement paragraph 98(1)(a) would require the Electoral Commissioner to certify the number of votes given in favour of the plebiscite proposal (subparagraph 98(1)(a)(i)), the number of votes given not in favour of the plebiscite proposal (subparagraph 98(1)(a)(ii)), and the number of ballot-papers rejected as informal (subparagraph 98(1)(a)(iii)), for the whole of the Commonwealth only. This is different to the existing paragraph 98(1)(a), which requires the results to be certified for each State and Territory, as well as for the whole Commonwealth. The replacement paragraph 98(1)(a) would also require the Electoral Commissioner to attach the certificate to the original writ, which is the same as for a referendum.

99.                The replacement paragraph 98(1)(b) would require the Electoral Commissioner to return the writ and the paragraph 98(1)(a) certificate to the Governor-General.

100.            The effect of this clause would be to only require the Electoral Commissioner to certify the result of the plebiscite in relation to the whole of the Commonwealth, not by each State and Territory. This is because, according to clause 6 of the Bill, the plebiscite would be determined by a simple majority of more than 50 per cent of the votes cast in the plebiscite (disregarding informal ballot-papers), as opposed to the double majority required for a referendum. On this basis, it is not necessary for the Electoral Commissioner to certify the results by each State and Territory.

101.            This clause does not replace or modify subsection 98(2) of the Referendum Act, which applies to the plebiscite because of the operation of clause 9 of the Bill. Subsection 98(2) requires the Electoral Commissioner to publish in the Gazette a copy of the certificate provided for by paragraph 98(1)(a), and provides that, subject to the terms of Part VIII of the Referendum Act (as modified by the Bill to apply to the plebiscite), the certificate is conclusive evidence of the result of the plebiscite.

102.            Section 99 of the Referendum Act requires the Electoral Commissioner to forward copies of the certificate attached to the writ, which sets out the results of a referendum, to the Governors of the States and the Chief Minister of the Australian Capital Territory and the Administrator of the Northern Territory. This provision is included in the Referendum Act because of the relevance of a referendum to the States and Territories.

103.            Given that the plebiscite will be determined by a simple majority (by operation of clause 6 of the Bill) and would not result in a change to the Australian Constitution, it is not necessary for the Electoral Commissioner to forward a copy of the certified attached to the writ to the Governors of the States or the Chief Minister of the Australian Capital Territory or the Administrator of the Northern Territory for their information or otherwise. As such, section 99 of the Referendum Act would not apply for the purpose of the plebiscite.

Clause 20 - Disputing validity of submission or return

104.            Clause 20 would provide that the Referendum Act applies to the plebiscite as if section 100 of that Act were replaced with a new section.

105.            Section 100 of the Referendum Act sets out who may dispute the validity of a referendum or a return or statement showing the voting at a referendum. The replacement section 100 would provide for a member of the Parliament of the Commonwealth to dispute the validity of the plebiscite or of any return or statement showing the voting at the plebiscite, by petition addressed to the High Court. This is different to the existing provision for referendums. Section 100 currently allows the Commonwealth, any State, the Australian Capital Territory, or the Northern Territory to dispute the validity of a referendum by petition to the High Court.

106.            The effect of this clause would be to remove the right of the Commonwealth and the States and Territories to dispute the validity of the plebiscite. This is consistent with clauses 15, 16, 17, and 18, which limit who can appoint scrutineers for the purpose of the plebiscite, and who can request a recount, to a member of the Parliament of the Commonwealth (and the Electoral Commission for the purpose of recounts). It is appropriate for the Commonwealth and the States and Territories to be able to dispute the validity of a referendum about a change to the Australian Constitution, as contracting parties to the Australian Constitution. However, the same nexus does not exist in relation to the plebiscite as the outcome of the plebiscite would not result in a change to the Australian Constitution.

107.            Replacing the Commonwealth and States and Territories with members of the Parliament of the Commonwealth for the purpose of section 100 is appropriate in light of the nexus between scrutineering the plebiscite process and disputing the validity of the process. Those entitled to scrutineer the vote are most likely to be aware of issues that might give rise to a petition disputing the validity of the plebiscite, such as counting errors or mishandling of ballot-papers. Together with clauses 15, 16, 17, and 18, this clause would ensure that there would be an appropriate level of oversight of the plebiscite process, without the unnecessary involvement of the Commonwealth and States and Territories.

108.            The Electoral Commission would retain its right to dispute the validity of the plebiscite by operation of section 102 of the Referendum Act, as applied to the plebiscite by clause 9 of the Bill. It is important to retain the right of the Electoral Commission to dispute the validity of the plebiscite, in particular in the event that there is an administrative or logistical error which may affect the validity of the plebiscite.

Clause 21 - Requirements for petition by member of Parliament

109.            Clause 21 would provide that the Referendum Act applies to the plebiscite as if paragraph 101(1)(c) of that Act required a petition by a member of the Parliament of the Commonwealth under section 100 of that Act (as amended by clause 20 of the Bill) to be signed by the member.

110.            This clause is required as a consequence of clause 20, which would provide that only a member of the Parliament of the Commonwealth may dispute the validity of the plebiscite under section 100 of the Referendum Act (as it would apply to the plebiscite), removing the right of the Commonwealth and States and Territories to do so. Given this change, current paragraph 101(1)(c) of the Referendum Act, which sets out who must sign a petition disputing the validity of a referendum, would not be applicable.

Clause 22 - Notice of petition and joinder of parties

111.            Clause 22 would provide that the Referendum Act applies to the plebiscite as if sections 105 and 106 of that Act were replaced with new sections. This clause is required as a consequence of clause 20.

112.            Section 105 of the Referendum Act provides for notice to be given where a petition is filed disputing the validity of a referendum. The replacement section 105 would require a member of the Parliament of the Commonwealth to notify the Electoral Commission of the filing of a petition by that member under the replacement section 100 (provided for by clause 20 of the Bill).

113.            This is different to the existing provision for referendums. The existing section 105 provides for the Commonwealth, the States and Territories, and the Electoral Commission to notify each other if any of them files a petition. Clause 20 of the Bill would replace section 100 with a new section for the purpose of the plebiscite, to remove references to the Commonwealth and the States and Territories filing petitions, and to refer to members of the Parliament of the Commonwealth instead. It is therefore necessary to replace section 105 with a new section for the purpose of the plebiscite, to provide for notice to be given where a petition is filed by a member of the Parliament of the Commonwealth in accordance with the replacement section 100.

114.            The effect of this clause would be to ensure that the Electoral Commission (the only other entity entitled to dispute the voting in the plebiscite under section 102 of the Referendum Act) must be notified if a member of the Parliament of the Commonwealth files a petition disputing the validity of the plebiscite.

115.            Section 106 of the Referendum Act provides that the High Court may order other entities to be joined as parties petitioning or responding to a petition on application. The replacement section 106 would allow the High Court to order that the Electoral Commission or a member of the Parliament of the Commonwealth be joined as a party petitioning or responding to a petition filed under the replacement section 100, or section 102, of the Referendum Act.

116.            This is different to the existing provision for referendums. The existing section 106 provides that the High Court may, on application, order the Commonwealth or a State or Territory to be joined as a party petitioning or responding to a petition. Clause 20 of the Bill would replace section 100 with a new section for the purpose of the plebiscite, to remove references to the Commonwealth and the States and Territories filing petitions, and to refer to members of the Parliament of the Commonwealth instead. It is therefore necessary to replace section 106 with a new section for the purpose of the plebiscite, to provide for the joining of a member of the Parliament of the Commonwealth, as persons who would be entitled to dispute the validity of the plebiscite, to a petition filed by another person or the Electoral Commission.

117.            Replacement subsection 106(2) would expressly provide that replacement section 106 would not limit the High Court’s power to join other persons as a party petitioning or responding to a petition.

Division 2 - Application of the Referendum Regulation

Clause 23 - Application of the Referendum Regulation

118.            Clause 23 would provide that the Electoral and Referendum Regulation 2016 (the Referendum Regulation) applies to the plebiscite, with any modifications to the Regulation set out in the remainder of the proposed Division 2 of Part 3 of the Bill (paragraph 23(a)), and any regulations made under subclause 33(2) of the Bill (paragraph 23(b)).

119.            As a result of this clause, the Referendum Regulation provisions do not need to be replicated in the Bill. The effect of this clause would be to enable the plebiscite to be held in much the same way as a referendum, using the same well-established processes. This provides further certainty and integrity to the plebiscite framework, together with the application of the Referendum Act to the plebiscite as provided for by clause 9 of the Bill.

120.            The modifications to the Referendum Regulation, as it would apply in relation to the plebiscite, are set out in clauses 24 and 25. Any modifications the Bill makes to the Referendum Regulation would apply only in relation to the  migration level plebiscite held in accordance with the Bill. These changes would not apply in relation to any future referendums held in accordance with the Referendum Act.

Clause 24 - References to referendum

121.            Clause 24 would provide that references to the term ‘referendum’ in the Referendum Regulation would also include references to the plebiscite. This clause is required to give full effect to clause 23. The effect of this clause would be to enable the plebiscite to be conducted in much the same way as a referendum. In particular, it would allow registered sight-impaired voters to vote through electronically assisted voting, as is provided for in the Referendum Regulation.

122.            There are two exceptions provided for by this clause. Subclause 24(1) would provide that references to the term ‘referendum’ where it appears in a reference to the ‘Referendum Act’ would not include a reference to the plebiscite. This is because the Bill would already apply relevant provisions of the Referendum Act to the plebiscite, but without incorporating them directly into the Bill or altering the name of the Referendum Act. By operation of clause 25 below, references to the Referendum Act in the Referendum Regulation would include a reference to the Referendum Act as it would apply in relation to the plebiscite.

123.            Subclause 24(2) would provide that subclause 24(1) does not apply in relation to the definition of referendum in section 5 of the Referendum Regulation. Section 5 of the Referendum Regulation defines referendum as having the same meaning as it does in the Referendum Act. This use of the term ‘referendum’ should not include a reference to the plebiscite because the term ‘plebiscite’ is defined in clause 4 of the Bill, not in the Referendum Act.

Clause 25 - References to the Referendum Act or provisions of the Referendum Act

124.            Clause 25 would provide that references in the Referendum Regulation to ‘the Referendum Act’ or ‘a provision of the Referendum Act’ would include references to the Referendum Act or its provisions as they apply to the plebiscite. This clause is required to give full effect to clause 23.

125.            The effect of this provision would be to ensure that relevant provisions of the Referendum Regulation apply, as modified by the Bill, to the plebiscite. This clause would enliven Referendum Regulation provisions governing any court proceedings held in relation to a prosecution against an elector for failing to vote at the plebiscite (see sections 27 and 28 of the Regulation). This would mean that the plebiscite would be conducted in much the same way as a referendum.

Division 3 - Application of other laws

Clause 26 - Application of other laws

126.            Subclause 26(1) would provide that certain provisions of the Commonwealth laws referred to in clauses 27 to 32 apply to the plebiscite, with modifications set out in the remainder of Division 3 of Part 3 of the Bill.

127.            As a result of this clause, the provisions of Commonwealth laws referred to in clauses 27 to 32 do not need to be replicated in the Bill. The effect of this clause would be to enable the plebiscite to be held in much the same way as a referendum, by ensuring that a range of laws would apply to the plebiscite in much the same way that they apply to a referendum. This approach provides certainty and integrity to the plebiscite framework.

128.            Any modifications the Bill makes to these Commonwealth laws, as set out in clauses 27 to 32, would apply only in relation to the plebiscite held in accordance with the Bill. These changes would not apply in relation to any future referendums held under the Referendum Act, or elections held under the Electoral Act.

129.            Subclause 26(2) would provide that instruments made under an Act, or provisions of an instrument made under an Act, apply in relation to the plebiscite, with modifications set out in the remainder of proposed Division 3 of Part 3 of the Bill (paragraph 26(2)(a)) and any regulations made for the purposes of subclause 33(2) (paragraph 26(2)(b)). The effect of this clause would be to apply relevant parts of instruments made under Commonwealth laws for federal elections or referendums to the plebiscite.

Clause 27 - References to referendum

130.            Clause 27 would set out the specific provisions from Commonwealth laws that apply to the plebiscite. To ensure these provisions would apply to the plebiscite, this clause states that any references to ‘referendum’ or ‘referendums’ in the provisions outlined below include references to the plebiscite. This clause is required to give effect to clause 26. The effect of this clause would be to selectively apply some of the same laws to the plebiscite as apply to referendums or elections.

131.            Paragraph 27(a) would apply clause 27 to references to ‘referendum(s)’ in paragraph (d) of the definition of election period in clause 1 of Schedule 2 to the Broadcasting Services Act 1992 (the Broadcasting Services Act). Relevantly, clause 1 of Schedule 2 to the Broadcasting Services Act defines the election period for a referendum as being the same as the election period for any federal election being held on the same day This definition is relevant to the requirement for broadcasters to give reasonable opportunity for the broadcasting of plebiscite matter to any person or organisation that wishes to broadcast plebiscite matter for the duration of the election period (clause 3 of Schedule 2 to the Broadcasting Services Act as modified by subclause 30(1) of the Bill).  

132.            Paragraph 27(a) would also apply clause 27 to references to ‘referendum(s)’ in paragraph (b) of the definition of required period in clause 1 of Schedule 2 to the Broadcasting Services Act. Clause 1 of Schedule  2 to the Broadcasting Services Act defines the required period as being six weeks from the day on which matter was broadcast, or the period commencing on the day on which the matter was broadcast and ending at the end of the election period (as defined above), whichever is longer. This definition is relevant to the requirement to keep a record of political matter broadcasted during the election period for a required period (clause 4 of Schedule 2 to the Broadcasting Services Act). The effect of paragraph 27(a) would be to apply the same required period for the plebiscite as applies for a referendum.

133.            As set out in the note at the end of clause 27, further modifications are made to the Broadcasting Services Act in clause 30 of the Bill (see below).

134.            Paragraph 27(b) would apply clause 27 to references to ‘referendum(s)’ in certain provisions of the Electoral Act. The main purpose of this is to apply certain provisions of the Electoral Act that apply to referendums, including the application of provisions relating to the use of the electoral Roll, to the plebiscite to allow the plebiscite to be held in much the same way as a referendum. The relevant provisions of the Electoral Act are:

(i)      The definition of electoral matters in section 5. Section 5 defines electoral matters as matters relating to Parliamentary elections and, inter alia , referendums. This definition is relevant to Part II of the Electoral Act only, which deals with administrative arrangements for the Electoral Commission. In particular, the definition is relevant to section 7 of the Electoral Act. Section 7 sets out the functions of the Electoral Commission, which include considering, providing advice on and researching matters relating to electoral matters. The effect of applying clause 27 to the definition of electoral matters in section 5 would be to include the plebiscite as an electoral matter in relation to which the Electoral Commission can exercise relevant functions and powers as set out in section 7 of the Electoral Act.  

(ii)    Subparagraph 35(1)(a)(i), which enables the Electoral Commission to employ temporary staff to conduct referendums. The effect of this would be to enable the Electoral Commission to employ temporary staff to conduct the plebiscite, in the same way it employs temporary staff for referendums.

(iii) Paragraphs 91A(1A)(a), (2)(a) and 2A(a), which allow the use of information from the electoral Roll and habitation index for specific purposes, including any purpose in connection with a referendum. This provision is limited to use of the Roll and habitation index by a Senator, Member of the House of Representatives, or a political party. The effect of this would be to allow the same use of information by Senators, Members of the House of Representatives, or political parties, for the purpose of the plebiscite as is allowed for a referendum.

Paragraph 91A(2B)(a), which enables State or Territory electoral authorities to use information on an electoral Roll, or other information provided for under a specific arrangement, in connection with a referendum. The effect of this would be to enable those authorities to use information, including information on an electoral Roll, in connection with the plebiscite.

Paragraphs 189B(4)(a) and (5)(a), which allow the use or disclosure of information obtained from an electronic list of postal vote applicants (provided by the Electoral Commissioner) by a candidate in a Senate or House of Representatives election or a registered political party, where the use or disclosure is for a permitted purpose including, inter alia , any purpose connected with a referendum. The effect of this would be to allow the same use or disclosure of information by candidates or registered political parties for any purpose connected with the plebiscite.

(iv) Subsection 202A(4), which requires anyone employed by the Electoral Commission to perform duties in connection with the conduct of an election or referendum held on the same day as an election to sign an undertaking in an approved form before beginning the performance of duties. Amended subsection 202A(4) would impose the same requirement to sign an undertaking before Electoral Commission employees begin the performance of their duties relating to the plebiscite.

Subsection 202A(5), which provides that the failure of a person to sign an undertaking, as required by section 202A, is not grounds for setting aside the result of an election or referendum. Revised subsection 202A(5) would extend this application to the plebiscite result.

Subsection 203(7), which provides that polling booths and ballot-boxes provided for the purpose of an election may be used for the purpose of other elections or a referendum being held on the same day, as long as the ballot-papers for each election and the referendum are distinctively coloured. Revised subsection 203(7) would allow the same polling booths and ballot-boxes to be used for the plebiscite as for the election being held on the same day as the plebiscite, as long as the ballot-papers for the plebiscite and the election/s are distinctively coloured. 

(v)    Clause 22 of Schedule 3, which provides that, for the purpose of paragraph 17 of that Schedule, an envelope that contains a ballot-paper for a referendum shall be dealt with as if it did not contain that ballot-paper. Paragraph 17 provides that the relevant electoral officer shall withdraw ballot-papers from envelopes, without examining them, for those votes that are to be included in the counting for House of Representatives and Senate elections held concurrently or separately. The effect of this clause would be that envelopes containing ballot-papers for the election and the plebiscite would be dealt with in the same way as they would be dealt with where the election is run concurrently with a referendum. This means that rules relating to the preliminary scrutiny of declaration votes that apply to a referendum would also apply to the plebiscite.   

135.            Paragraph 27(c) would apply clause 27 to references to ‘referendum(s)’ in subparagraph 80.2(3)(a)(ii) and subsection 80.2(4) of the Criminal Code . Subparagraph 80.2(3)(a)(ii) creates an offence of intentionally urging another person to interfere, by force or violence, with lawful processes for an election or referendum, where they do so intending that force or violence will occur. Subsection 80.2(4) states that recklessness applies to the element of the offence under subsection 80.2(3) relating to what is a lawful process for a referendum. The effect of these changes would be to apply these offences to the plebiscite, so that if a person does an act that falls within subparagraph 80.2(3)(a)(ii), in relation to the plebiscite, they may be found guilty of a criminal offence punishable by up to seven years’ imprisonment. Section 80.3 of the Criminal Code would apply to provide, as a defence, that it was an act done in good faith.   

136.            Paragraph 27(d) would apply clause 27 to references to ‘referendum(s)’ in paragraphs 7C(1)(b) and (4)(b) and subparagraph 7C(2)(b)(ii) of the Privacy Act 1988 (the Privacy Act). Paragraph 7C(1)(b) and subparagraph 7C(2)(b)(ii) provide that political acts and practices done for any purpose in connection with a referendum are exempt from the application of the Privacy Act. Subsection 7C(1) relates to acts done by a member of a Parliament or a councillor of a local government authority, and subsection 7C(2) relates to contractors for political representatives. Paragraph 7C(4)(b) provides that an act done voluntarily by an organisation for or on behalf of a registered political party and with the authority of that party is exempt from the Privacy Act, where those acts are done for any purpose in connection with a referendum. The effect of this would be that members of a Parliament, councillors of local government authorities, contractors for political representatives, and organisations acting voluntarily for or on behalf of a registered political party would be subject to the same exemptions from the Privacy Act for the plebiscite as they are for acts done in connection with a referendum.

Clause 28 - References to the Referendum Act

137.            Clause 28 would set out provisions from other Commonwealth legislation in which references to the Referendum Act, or a provision of that Act, include references to the Referendum Act or its provisions as they would apply in relation to the plebiscite. This clause is required to give full effect to clause 26. The effect of this clause would be to enable the plebiscite to be conducted in much the same way a referendum.

138.            Paragraph 28(a) would apply clause 28 to the reference to the Referendum Act at item 41 of the table in Schedule 1 to the Age Discrimination Act 2004 (the Age Discrimination Act). Schedule 1 to the Age Discrimination Act lists the Acts, regulations and other instruments to which subsection 39(1) of that Act applies. Subsection 39(1) provides that Part 4 of the Age Discrimination Act (which sets out what constitutes unlawful age discrimination) does not make unlawful anything done by a person in direct compliance with the Acts and other instruments mentioned in Schedule 1. The effect of this would be to apply the exemption provided for by subsection 39(1) of the Age Discrimination Act to acts done in direct compliance with the Referendum Act as it applies in relation to the plebiscite. Consistent with the approach in federal elections and referendums, the purpose of this provision is to ensure that limiting the right to vote in the plebiscite to people aged 18 or above does not offend the Age Discrimination Act.  

139.            Paragraph 28(b) would apply clause 28 to references to the Referendum Act in paragraph 105(4)(b) of the Electoral Act. Paragraph 105(4)(b) of the Electoral Act states that the Electoral Commissioner may enter the name of an elector who is not enrolled, and who has made a declaration vote, on the Roll for the subdivision the elector was living in at the time of voting if, for a declaration vote made under the Referendum Act, the ballot-paper was properly issued according to Schedule 4 to the Referendum Act, and the person was omitted from the Roll due to error or mistake. The effect of this would be that the same rules relating to the inclusion of people who have made declaration votes on the electoral Roll would apply to the plebiscite as apply to a referendum. 

140.            Paragraph 28(c) would apply clause 28 to references to the Referendum Act in the Schedule to the Jurisdiction of Courts (Cross-Vesting) Act 1987 (the Jurisdiction of Courts (Cross-Vesting) Act). The Schedule to the Jurisdiction of Courts (Cross-Vesting) Act lists the Acts to which section 7 of that Act apply. Subsection 7(5) of the Jurisdiction of Courts (Cross-Vesting) Act provides that appeals of matters decided by a single judge of a Supreme Court of a State or Territory can only be determined by the Full Court of the Federal Court or the Family Court, or by the High Court (with special leave), if the matter arises under an Act specified in the Schedule. The effect of this would be to provide that an appeal of matters arising from the application of the Referendum Act to the plebiscite may be determined only by the Full Court of the Federal Court, or with special leave of the High Court. This is the same approach as for appeals of matters arising from referendums.

141.            Paragraph 28(d) would apply clause 28 to references to the Referendum Act in item 2A of the table in subsection 355-65(8) of Schedule 1 to the Taxation Administration Act 1953 (Taxation Administration Act). The table in subsection 355-65(8) of Schedule 1 to the Taxation Administration Act sets out the types of records or disclosures to which section 355-25 of the Schedule to that Act does not apply. Item 2A of the table provides that records made for, or disclosures to, the Electoral Commissioner where the record or disclosure is of information disclosed to, or obtained by, the Commissioner of Taxation on or after the commencement of the table item, and is for the purpose of administering the Electoral Act or the Referendum Act, are exempt from section 355-25.

142.            Section 355-25 of Schedule 1 establishes offences for disclosure of protected information by taxation officers. By operation of subsection 355-65(8) of Schedule 1, these offences would not apply to the types of records relating to the Electoral Commissioner described above. The effect of this would be to enable taxation officers to disclose protected information to the Electoral Commissioner for the purpose of administering the Referendum Act as it applies to the plebiscite. This would mean that taxation officers would have the same protections in relation to information disclosure for the purpose of the plebiscite as they would in relation to a referendum.

143.            Paragraph 28(e) would apply clause 28 to references to the Referendum Act in Item 120 of Schedule 1 to the Electronic Transactions Regulations 2000 (the Electronic Transactions Regulations).Regulation 4 of the Electronic Transactions Regulations states that specific provisions of the Electronic Transactions Act 1999 (the Electronic Transactions Act) do not apply to specific provisions in other Commonwealth laws. The relevant provisions in the Electronic Transaction Act and other Commonwealth laws are specified in Schedule 1.

144.            Item 120 of Schedule 1 of the Electronic Transactions Regulations provides that subsection 8(1), Division 2 of Part 2, and sections 14, 14A, 14B and 15 of the Electronic Transactions Act do not apply to Parts III (other than subsections 16A(1), (2), (4) and (5)), IV, IVA, and V of the Referendum Act. The relevant provisions of the Electronic Transactions Act are:

• Subsection 8(1)—for the purpose of a Commonwealth law, providing that a transaction is not invalid because it is made by electronic communication. 
• Division 2 of Part 2— permitting the use of electronic communication in certain circumstances where Commonwealth laws require or allow a person to give information in writing, provide a signature, provide a document, record information in writing, retain a written document, or retain an electronic communication.
• Sections 14, 14A, 14B and 15—establishing rules relating to the accepted time and place of dispatch of an electronic communication, the time and place of receipt, and the attribution of an electronic communication.

145.            The relevant parts of the Referendum Act to which these provisions do not apply are Part III (‘Voting at a Referendum’ - except for the purpose of Electoral Officers signing an undertaking before commencing work at a Referendum according to section 16A), Part IV (‘Postal voting’), Part IVA (‘Pre-poll voting’) and Part V (‘Special provisions relating to voting in Antarctica at a Referendum’). This covers the majority of voting procedures under the Referendum Act (with the exception of Part IVB ‘Electronically assisted voting for sight-impaired people’). This has the effect that, at a referendum, electronic transactions would not be considered valid written communications for the purpose of voting in the referendum (except for sight-impaired individuals using electronically assisted voting). This is to ensure that most voting in a referendum must be done in writing on paper. The effect of paragraph 28(e) of the Bill would be to apply the same rules to the plebiscite as apply to a referendum.

146.            Item 120 of Schedule 1 to the Electronic Transactions Regulations only excludes specific provisions of the Referendum Act from the application of specific provisions in the Electronic Transactions Act, as outlined above. The Electronic Transactions Act would continue to apply to provisions in the Referendum Act, as that Act would apply to the plebiscite.

Subdivision B—Broadcasting

Clause 29 - Identification of certain political matter and records of matters broadcast

147.            Clause 29 would set out provisions from the Broadcasting Services Act 1992 (the Broadcasting Services Act) and the Special Broadcasting Service Act 1991 (the SBS Act) in which references to ‘political matter’ and ‘political subject’ would include references to plebiscite matter. The effect of this clause would be to make it clear that the provisions below would apply for the purpose of the plebiscite during the plebiscite period. The terms plebiscite matter and plebiscite period would be defined in clause 4 of the Bill.

148.            Subclause 29(1) would set out provisions from these Acts that use the term political matter, and provide for those references to political matter to include a reference to plebiscite matter. Paragraph 29(1)(a) would apply subclause 29(1) to the reference to political matter in clauses 1 and 4 of Schedule 2, and subclause 24(4) of Schedule 6, to the Broadcasting Services Act.

149.            Clause 1 of Schedule 2 defines political matter, for the purpose of that Schedule, as meaning any political matter, including the policy launch of a political party. Clause 4 of Schedule 2 places obligations on broadcasters who broadcast political matter at the request of another person. Subclause 4(2) requires those broadcasters to, immediately afterwards, cause the required particulars in relation to the political matter to be announced in a form approved in writing by the Australian Communications and Media Authority (ACMA). The required particulars are defined in clause 1 of Schedule 2, and are categorised depending upon whether the broadcasting was authorised by a political party, by a person other than a political party or by the name of every speaker who, either in person or by means of a sound recording device, delivers an address or makes a statement that forms part of that matter. Clause 24 of Schedule 6 to the Broadcasting Services Act sets out the conditions to which datacasting licences are subject. The effect of applying subclause 29(1) to these provisions would be to apply them to the broadcast of plebiscite matter for the purpose of the plebiscite.

150.            Paragraph 29(1)(b) would apply subclause 29(1) to the reference to political matter in section 70A of the SBS Act. Section 70A of the SBS Act relates to the broadcasting of political or controversial matter. Subsection 70A(1) of that Act maintains the SBS’s discretion, subject to the SBS Act, to determine to what extent and in what manner political matter or controversial matter will be broadcast by the SBS. Subsections 70A(2) and (3) set out specific requirements for the SBS to announce or transmit required particulars in relation to political matter it broadcasts at the request of another person, to keep details of the person or company that requested it to broadcast political matter, and to give those details to the ACMA upon request. The effect of applying subclause 29(1) to section 70A of the SBS Act would be to apply the same requirements to the broadcast of plebiscite matter by the SBS for the purpose of the plebiscite.

151.            Subclause 29(2) would set out provisions from the Broadcasting Services Act and the SBS Act that use the term political subject, and provide for those references to political subject to include a reference to plebiscite matter. Paragraph 29(2)(a) would apply subclause 29(2) to the reference to political subject in clause 5 of Schedule 2 to the Broadcasting Services Act. Clause 5 specifies when a broadcaster who broadcasts matter relating to a political subject or current affairs must cause a record of the political subject to be made in a form approved in writing by the ACMA. The effect of applying subclause 29(2) to clause 5 of Schedule 2 to the Broadcasting Services Act would be to apply the same requirement to the broadcast of plebiscite matter for the purpose of the plebiscite.

152.            Paragraph 29(2)(b) would apply subclause 29(2) to the reference to political subject in section 70B of the SBS Act. Section 70B of the SBS Act provides that, if the SBS broadcasts matter relating to a political subject or current affairs, the SBS must cause a record of the matter to be made. Subsections 70B(2)-(6) state the time period within which the SBS is required to retain the record, including if the record is admissible as evidence in a court case. The effect of applying subclause 29(2) to section 70B of the SBS Act would be to apply the same requirement if the SBS broadcasts plebiscite matter for the purpose of the plebiscite.  

153.            Subclause 29(3) would provide that the obligations in subclauses 4(2) and (3) and clause 5 of Schedule 2 to the Broadcasting Services Act, and subsections 70A(2) and (3) and section 70B of the SBS Act, would apply in relation to plebiscite matter only if the matter is broadcast during the plebiscite period. The obligations in these clauses are outlined above. The plebiscite period would be defined in clause 4 of the Bill, and would mean the period that starts 33 days before the voting day for the plebiscite and ends at the close of voting on that day. The effect of this subclause would be to limit the time period in which the obligations on broadcasters would apply in relation to the broadcast of plebiscite matter.

No requirement to lodge annual return

154.            Subclause 29(4) would refer to the annual returns relating to political expenditure, for the purpose of the plebiscite. This subclause would provide that a person would not be required to provide a return for a financial year under subparagraph 314AEB(1)(a)(iv) of the Electoral Act merely because that person incurred expenditure for the purposes of broadcasting plebiscite matter in relation to which particulars were required to be announced under subclause 4(2) of Schedule 2 to the Broadcasting Services Act (as it would apply to the plebiscite by operation of subclause 29(1) of the Bill).

Clause 30 - Obligations on broadcaster in relation to plebiscite matter

155.            Clause 30 would apply specific provisions from the Broadcasting Services Act to the plebiscite, with minor modifications.

Requirement to give a reasonable opportunity

156.            Subclause 30(1) would provide that subclause 3(2) of Schedule 2 to the Broadcasting Services Act applies to the plebiscite as if it required a broadcaster that, during the election period, broadcasts plebiscite matter that is in favour of the plebiscite proposal to give a reasonable opportunity to a representative of an organisation that is not in favour of the plebiscite proposal to broadcast plebiscite matter during that period, and vice versa.  Plebiscite matter would be defined in clause 4 of the Bill.

157.            The note to subclause 30(1) would note that the definition of election period in clause 1 of Schedule 2 to the Broadcasting Services Act would be modified by paragraph 27(a) of the Bill (see above). As a result of that paragraph, the election period would mean the period that starts 33 days before the voting day for the plebiscite and ends at the close of voting on that day. The reference to the election period would have the effect of limiting the time period in which the obligations on broadcasters would apply in relation to the broadcast of plebiscite matter.

158.            The effect of subclause 30(1) would be to require broadcasters to give representatives from both sides of the debate a reasonable opportunity to broadcast material in the lead up to the voting day. This requirement is consistent with the requirement in relation to federal elections and referendums.

Limitation on broadcasting during blackout period

159.            Subclause 30(2) would provide that clause 3A of Schedule 2 to the Broadcasting Services Act applies to the plebiscite as if that clause created a blackout period in which broadcasters would be prohibited from broadcasting any advertisement that contains plebiscite matter during the defined blackout period. Paragraph 30(2)(a) would define the blackout period as commencing at the end of the Wednesday before the polling day, and paragraph 30(2)(b) would define the blackout period as ending at the close of the poll on that polling day. The effect of this clause would be to give people time in the days leading up to the voting day to consolidate their thoughts without being exposed to continuous advertising. The blackout period for the plebiscite would be consistent with the blackout period for federal elections. There are no blackout periods for referendums.

References to clauses 3 and 3A of Schedule 2

160.            Subclause 30(3) would provide that paragraphs 7(1)(j), 8(1)(i), 9(1)(i), 10(1)(i) and 11(1)(d) of Schedule 2, and paragraph 24(1)(a) and subclause 24(4) of Schedule 6, to the Broadcasting Services Act would apply to the plebiscite as if references in those paragraphs to clauses 3 and 3A of Schedule 2 to that Act included references to those clauses as they would apply in relation to the plebiscite (i.e. as amended by subclauses 30(1) and 30(2) of the Bill).

161.            Paragraphs 7(1)(j), 8(1)(i), 9(1)(i), 10(1)(i) and 11(1)(d) of Schedule 2 require the holders of commercial television, commercial radio, community, subscription television, and class licences, respectively, to comply with the requirements of, inter alia, clauses 3 and 3A of Schedule 2. Clause 24 of Schedule 6 sets out general conditions on datacasting licences. Paragraph 24(1)(a) requires the holder of a datacasting licence to comply with, inter alia, clauses 3 and 3A of Schedule 2, and subclause 24(4) provides that those clauses apply to datacasting services in the same way as they apply to broadcasting services. The effect of subclause 30(3) would be to require all broadcasting and datacasting licence holders to comply with clauses 3 and 3A of the Broadcasting Services Act, as amended by subclauses 30(1) and (2) of the Bill for the purpose of the plebiscite.

162.            This means that licence holders would be required to comply with special conditions relating to broadcasting plebiscite matter during the election period for the plebiscite, including the requirement to give a reasonable opportunity to broadcast plebiscite to representatives of organisations on both sides of the debate, and to adhere to the media blackout period. This provision is required to give full effect to the modifications in subclauses 30(1) and (2) of the Bill.

Clause 31 - SBS to give a reasonable opportunity to broadcast plebiscite matter

163.            Clause 31 would provide that the SBS Act applies to the plebiscite as if a new section 70BA was inserted after section 70B of that Act.

164.            The new section 70BA would require the SBS to give a reasonable opportunity to broadcast plebiscite matter to organisations in favour and not in favour of the plebiscite proposal. The new section would provide that if, during the plebiscite period, SBS broadcasts plebiscite matter that is in favour of the plebiscite proposal, SBS must give a reasonable opportunity to a representative of an organisation that is not in favour of the plebiscite proposal to broadcast plebiscite matter during that period, and vice versa. The new subsection 70BA(2) would provide that the new subsection 70BA(1) does not require the SBS to broadcast any matter free of charge.

165.            Clause 4 of the Bill would define the terms ‘plebiscite matter’ and ‘plebiscite period’. The plebiscite period would mean the period that starts 33 days before the voting day for the plebiscite and ends at the close of voting on that day. The reference to the plebiscite period would have the effect of limiting the time period in which the obligations on the SBS would apply.

166.            The effect of the new section 70BA would be to require the SBS to give representatives from both sides of the debate a reasonable opportunity to broadcast plebiscite matter via paid advertisements on the SBS in the lead up to the voting day for the plebiscite. While the effect of the new section 70BA may limit the SBS’s discretion under section 70A of the SBS Act in relation to determining to what extent and in what manner it broadcasts political or controversial matter, this requirement is consistent with the approach taken in federal elections and referendums. It would also be consistent with the requirement that would be imposed on broadcasters covered by the Broadcasting Services Act. It would ensure that Australian voters receive information from both sides of the debate to enable them to make an informed view on the plebiscite proposal.

Clause 32 - SBS not to broadcast advertisements containing plebiscite matter during the blackout period

167.            Clause 32 would provide that section 70C of the SBS Act applies to the plebiscite as if that section created a blackout period in which the SBS would be prohibited from broadcasting any advertisement that contains plebiscite matter during the defined blackout period. Paragraph 32(a) would define the blackout period as commencing at the end of the Wednesday before the polling day, and paragraph 32(b) would define the blackout period as ending at the close of the poll on that polling day.

168.            The effect of this clause would be to give people time in the days leading up to the voting day to consolidate their thoughts without being exposed to continuous advertising. The blackout period for the plebiscite would be consistent with the blackout period for federal elections. There are no blackout periods for referendums. The blackout period imposed on the SBS by operation of this clause would be consistent with the blackout period imposed on broadcasters operating under the Broadcasting Services Act provided for by subclause 30(2) of the Bill.

Part 4 - Miscellaneous

Clause 33 - Regulations

169.            Clause 33 would provide a power for the Governor-General to make regulations under the Bill.  Subclause 33(1) would enable regulations to be made which prescribe matters either required or permitted by the Bill (paragraph 33(1)(a)); or necessary or convenient for carrying out or giving effect to the Bill (paragraph 33(1)(b)).

170.            Subclause 33(2) would provide that, without limiting the operation of subclause 33(1), the Governor-General may make regulations modifying the operation of any instrument or part thereof made under any Commonwealth Act.

171.            Subclause 33(3) would provide that the terms of the Bill do not limit the regulations that the Governor-General may make under this regulation-making power.

172.            This clause is necessary to ensure the Bill can be implemented effectively.   

Schedule 1 - Forms

173.            Schedule 1 to the Referendum Act contains the forms for the writ for a referendum (Form A) and for the ballot-paper (Form B). Subclause 14(3) of the Bill would provide that, for the purpose of the plebiscite, Schedule 1 to the Bill would replace forms A and B in the Referendum Act with new forms for the plebiscite.

Form A - the writ

174.            The replacement Form A is the writ the Governor-General would issue to the Electoral Commissioner to direct that the plebiscite be conducted. The structure and text of the writ largely mirrors that used in the Referendum Act, but has been modified as follows:

• The replacement Form A would compel the Electoral Commissioner to submit the plebiscite proposal (as defined in clause 4 of the Bill, above) to electors. It would not compel the Electoral Commissioner to submit a proposed law for the alteration of the Australian Constitution. This is because the plebiscite would be a vote on a simple question - the plebiscite proposal - rather than a vote to approve a proposed law for the alteration of the Australian Constitution like a referendum.
• The replacement Form A refers to the plebiscite proposal being submitted to the electors who are entitled to vote at an election, rather than the electors who are qualified to vote at referendums. This is because electors are defined in the Referendum Act, as it would apply to the plebiscite by operation of clause 9 of the Bill, as a person whose name appears on a Roll of electors kept pursuant to the Electoral Act.
• The replacement Form A removes the reference to laws in States and Territories.

175.            The effect of these changes to Form A would be to create a writ specific to the plebiscite context, which would allow the Governor-General to command the Electoral Commissioner to submit the plebiscite proposal to all persons entitled to vote at elections.

Form B - the ballot-paper

176.            The replacement Form B is the ballot-paper that people would complete on the voting day for the plebiscite. This form would set out the question to be submitted to voters, which would be: ‘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?’

177.            This form has been revised to create a form specific to the plebiscite on the level of Australian migration. The replacement Form B does not refer to the State or Territory of the voter, as this is not relevant to the plebiscite.

 

 

Statement of Compatibility with Human Rights

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

 

Plebiscite (Future Migration Level) Bill 2018

 

This 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 .

 

Overview of the Bill

This Bill proposes that a plebiscite be held at the time of the next general election to allow the people of Australia who are entitled to vote at elections to provide their view on the rate of immigration.

 

Human rights implications

This Bill does not engage any of the applicable rights or freedoms.

 

Conclusion

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