Australian Capital Territory Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT (NO. 79 OF 1994) - SECT 14

14. (1) The purpose of this section is to ensure that, as far as practicable, the result of polling at a referendum is ascertained by scrutiny in the same way as for an election.

(2) For the purpose of this section, Part XII of the Electoral Act applies, so far as the same is applicable, with the necessary changes.

(3) In particular—

        (a)     subject to a referendum law, the formality of a referendum ballot paper shall be determined in accordance with section 180 of the Electoral Act, so far as the same is applicable, with the necessary changes;

        (b)     without limiting the generality of paragraph (a), a reference in paragraphs 180 (2) (b) and (c) and (3) (a), subparagraphs 182 (3) (c) (ii) and (4) (a) (i) and 184 (1) (b) (i) of the Electoral Act to a first preference, or a preference, in relation to a candidate or a candidate square, as the case may be, shall be taken to be a reference to a vote in relation to a referendum option;

        (c)     a reference to a candidate in section 187 of the Electoral Act in relation to a request for a recount of referendum ballot papers shall be taken to be a reference to a person having authority to make such a request under a referendum law or the regulations except to the extent that such regulations are inconsistent with a referendum law; and

        (d)     Part XII applies subject to the modifications specified in Part 2 of the Schedule.

(4) Unless a referendum law otherwise provides, the result of a referendum shall be ascertained and notified in the following manner:

        (a)     the Commissioner shall arrange for all unrejected referendum ballot papers to be counted to ascertain—

              (i)     the number of votes in favour of each referendum option;

              (ii)     the number of votes opposed to each referendum option; and

              (iii)     the total number of informal ballot papers; and

        (b)     as soon as practicable after the count is concluded, the Commissioner shall by notice published in the Gazette set out the numbers so counted and declare the result of the referendum.