Document ID: chunk:federal_register_of_legislation:C2004A04142:body:0:p6
Version: federal_register_of_legislation:C2004A04142
Segment Type: other
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Character Range: 12505–15205

the referendum or to either of the options.

Bribery

"45. (1) A person must not give or confer, or promise or offer to give or confer, any property or benefit of any kind to another person:

     (a) in order to influence the vote of any person at the referendum; or

(b) in order to induce any person not to vote at the referendum. Penalty: Imprisonment for two years.

"(2) Subsection (1) does not apply in relation to a declaration of public policy or a promise of public action.

Badges or emblems in polling booths

"46. An officer or scrutineer who wears or displays in a polling booth on voting day any badge or emblem in support of or in opposition to either of the options is guilty of an offence.

Penalty: $1,000.

Errors, etc.

"47. The provisions of the Electoral Act providing for the correction of delays, errors and omissions, and the extension of times, in relation to the election apply in the same way in relation to the referendum.

Disputed Returns

"48. (1) The validity of the referendum or of any statement showing the voting at the referendum may be disputed in accordance with this section and not otherwise.

"(2) The validity of the referendum or of any statement showing the voting at the referendum may be disputed by a person who was qualified to vote at the referendum by petition addressed to the Supreme Court of the Australian Capital Territory.

"(3) For the purposes of such a dispute, Part VIII of the Referendum (Machinery Provisions) Act 1984 applies with the necessary changes.

"(4) In particular, that Act applies for the purposes of this section as if:

     (a)     references to the High Court were references to the Australian Capital Territory Supreme Court; and

     (b)     the reference in paragraph 101 (1) (c) of that Act to the various Attorneys-General were a reference to the petitioner; and

     (c)     references to the Electoral Commissioner or to an Electoral Officer were references to the Australian Capital Territory Electoral Officer; and

  (d)     section 105 of that Act were omitted; and

    (e)     the reference in section 106 of that Act to the Commonwealth, a State or the Northern Territory were omitted; and

     (f) the reference in paragraph 107a (a) of that Act to Schedule 4 were a reference to Schedule 3 to the Electoral Act; and

     (g) the references to that Act and the regulations were references to the law relating to the referendum.

"(5) The referendum or any statement showing the voting at the referendum is not invalidated merely because the Electoral Commissioner may not have strictly complied with a provision of section 33.

Regulations

"49. The regulations may prescribe all matters necessary or