a reference to a postal vote certificate printed on an envelope is taken to include a reference to a postal vote certificate that is placed inside an envelope; and

a reference to an envelope on which a postal vote certificate is printed is taken to include a reference to an envelope that has a postal vote certificate placed inside.

a writ for a referendum has been issued; and

the requirement referred to in paragraph (1)(d) for the person voting to fasten the envelope after placing the ballot paper in the envelope does not apply; and

the person voting, or a person acting on behalf of that person under paragraph (1)(f), must declare, on the postal vote certificate, that, subject to paragraph (a) of this subsection, the requirements referred to in paragraphs (1)(a), (b) and (d) were satisfied before the close of voting; and

the authorised witness must declare, on the postal vote certificate, that the requirements referred to in paragraphs (1)(a) to (c) were satisfied before the close of voting; and

the person voting, or a person acting on behalf of that person under paragraph (1)(f), must, in the presence of the authorised witness, place the postal vote certificate in the envelope and fasten the envelope.

a signed and dated statement by the person setting out why the person was unable to comply with those requirements:

accompanies the postal vote; or

is produced by the person in the approved form; or

is given in writing by the person; and

if subparagraph (a)(i) applies—the postal vote is accompanied by a photocopy, that is certified by the person to be a true copy, of a part of the person’s passport that includes the details set out in subsection (1B); and

if subparagraph (a)(ii) or (iii) applies—a copy of a part of the person’s passport that includes the details set out in subsection (1B) is produced in the approved form, or given in writing, by the person.

the country and date of issue;

the number of the passport;

the person’s name, date of birth and signature;

a photograph of the person.

subsection 8(1);

Division 2 of Part 2;

Division 3 of Part 2.

bearing a postal vote certificate; and

purporting to contain a postal ballot paper or postal vote.

paragraphs 67(2)(c), (d) and (e);

section 68;

paragraph 6 of Schedule 4.

if the voting day for the referendum is the same as that fixed for the polling at an election—any of the 12 days before voting day; or

if the voting day for the referendum is not the same as that fixed for the polling at an election—any of the 19 days before voting day; or

voting day; or

a day to which the taking of votes of the electors at the referendum is adjourned.

if the pre-poll voting office for a referendum is also a place that teams will visit for the purposes of taking votes under section 51 (about mobile booths) at the referendum—the day that is 19 days before the voting day for the referendum; or

if paragraph (a) does not apply—the day that is 12 days before the voting day for the referendum.

for a pre-poll ordinary ballot-box (within the meaning of Division 3 of Part IVA) being dealt with before the close of voting in accordance with subsection (1A)—unfold the ballot papers and sort them into a group for votes given in favour of the proposed law, a group for votes given not in favour of the proposed law, and a group for informal votes;

the actions mentioned in subsection (1A) (early opening and sorting of pre-poll ballot papers) are taken, in accordance with that subsection, at a counting centre before the close of voting for a referendum; and

the scrutineer is present while those actions are taken; and

the scrutineer discloses or communicates information that relates to those actions to persons outside the counting centre; and

the disclosure or communication is made before the close of voting.

a voter who writes the letter “Y” in the space provided on the ballot paper is presumed to have intended to approve the proposed law; and

a voter who writes the letter “N” in the space provided on the ballot paper is presumed to have intended to not approve the proposed law.

may withdraw the ballot papers in accordance with subparagraph 16(a):

for ballot papers of electors other than designated electors—at any time on or after the day that is 5 days before the voting day; or

for ballot papers of designated electors—after the close of voting; and

if the DRO has not withdrawn the ballot papers in accordance with subparagraph 16(a) by the close of voting—must do so after the close of voting.

whether the communication or intended communication is or would be to the public or a section of the public;

whether the matter contains an express or implicit comment on a proposed law for the alteration of the Constitution;

whether the communication or intended communication is or would be received by electors near a polling place;

how soon a referendum is to be held after the creation or communication of the matter;

whether the communication or intended communication is or would be unsolicited.

forms or would form part of the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or

is or would be by a person for a dominant purpose that is a satirical, academic, educative or artistic purpose, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or

is or would be a private communication by a person to another person who is known to the first person; or

(d) is or would be by or to a person who is a Commonwealth public official (within the meaning of the Criminal Code) in that person’s capacity as such an official; or

(e) is or would be a private communication to a political entity (who is not a Commonwealth public official), within the meaning of the Commonwealth Electoral Act 1918, in relation to public policy or public administration; or

occurs or would occur in the House of Representatives or the Senate, or is or would be to a parliamentary committee.

a referendum entity;

(ea) a significant third party (within the meaning of Commonwealth Electoral Act 1918);Part XX of the

the name of the natural person responsible for giving effect to the authorisation

the address of the person

the address of the entity

the address of the person

all of the following apply:

the matter is a referendum advertisement;

all or part of the distribution or production of the advertisement was paid for;

the content of the advertisement was approved by the foreign campaigner (whether or not the foreign campaigner paid for the distribution or production of the advertisement); or

both of the following apply:

the matter forms part of a sticker, fridge magnet, leaflet, flyer, pamphlet, notice or poster;

the content of the matter was approved by the foreign campaigner; or

all of the following apply:

the foreign campaigner communicates the matter;

the matter is not an advertisement covered by paragraph (a);

the matter does not form part of a sticker, fridge magnet, leaflet, flyer, pamphlet, notice or poster.

an opinion poll or research relating to voting intentions at a referendum; or

a communication communicated for personal purposes; or

an internal communication of the foreign campaigner; or

(d) a communication at a meeting of 2 or more persons if the identity of the person (the speaker) communicating at the meeting, and any foreign campaigner on whose behalf the speaker is communicating, can reasonably be identified by the person or persons to whom the speaker is speaking; or

a live communication of a meeting covered by paragraph (d), but not any later communication of that meeting; or

a communication communicated solely for the purpose of announcing a meeting.

assessing compliance with section 110C; or

investigating a possible contravention of section 110CA.

the person or entity is given a notice under subsection (2); and

the person or entity does an act or omits to do an act; and

the act or omission contravenes the notice.

the writ for the referendum to which the communication relates was issued; or

when the content of the matter was approved.

starting on the day that is 6 months before the writ for a referendum is issued; and

ending on the voting day for the referendum.

in providing a communication service or communication platform that is used to create or communicate referendum matter; or

in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate referendum matter.

a reference to a referendum entity does not include a reference to the Commonwealth, a State or a Territory; and

a reference to a gift does not include a reference to a gift by the Commonwealth, a State or a Territory.

referendum expenditure is taken to be incurred by, or with the authority of, an entity that is not a legal person if the referendum expenditure is incurred by or with the authority of any member or officer (however described) of the entity who, acting in their actual or apparent authority, incurred the referendum expenditure; and

a contravention of a provision of this Part that would otherwise have been committed by a referendum entity that is not a legal person is taken to have been committed by each member or officer (however described) of the referendum entity, who, acting in that person’s actual or apparent authority, engaged in any conduct or made any omission contributing to the contravention.

60 penalty units;

if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of referendum expenditure not disclosed—3 times that amount.

setting out:

details of the referendum expenditure incurred by or with the authority of the relevant person during the referendum expenditure period; and

the total value of gifts covered by subsection (3) that were received by the relevant person during the referendum expenditure period; and

the total number of persons and entities who made gifts covered by that subsection to the relevant person during the referendum expenditure period; and

including a statement that the relevant person complied with section 109J during the referendum expenditure period, signed by the members, agents or officers (however described) of the relevant person who have responsibility for ensuring that the relevant person complies with this Part.

the relevant person knows that the person or entity who made the gift intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; or

the relevant person accepted the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter.

be provided before the end of 15 weeks after the voting day for the referendum to which the referendum expenditure period relates; and

be in the approved form; and

if the relevant person is also required to provide a return under section 109F—include that return.

the relevant person is required to provide a return for the period under section 109E (returns by referendum entities); and

the relevant person received a gift or gifts covered by subsection (2) of this section during the referendum expenditure period; and

either:

the amount of at least one such gift was more than the disclosure threshold; or

the total amount of all gifts received by the relevant person from at least one single person during the referendum expenditure period was more than the disclosure threshold.

the relevant person knows that the person or entity who made the gift intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; or

the relevant person accepted the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter.

for subparagraph (1)(c)(i):

the amount of each gift covered by that subparagraph; and

the date on which the gift was made;

for subparagraph (1)(c)(ii):

the total amount of gifts made by each single person who is covered by that subparagraph; and

the date on which each of those gifts were made; and

in any case:

(i) for a gift or gifts on behalf of the members of an unincorporated association (other than a registered industrial organisation within the meaning of Commonwealth Electoral Act 1918)—the name of the association, and the names and addresses of the members of the executive committee (however described) of the association; orPart XX of the

for a gift or gifts purportedly made out of a trust fund, or out of the funds of a foundation—the names and addresses of the trustees of the fund or foundation, and the title, name or other description of the trust fund or foundation; or

for any other gift or gifts—the name and address of the person who made the gift or gifts.

the donor makes one or more gifts to another person or entity at any time during a referendum expenditure period; and

the other person or entity is a referendum entity at any time during the referendum expenditure period; and

the donor intends for the gift or gifts to be used:

for the dominant purpose of incurring referendum expenditure; or

for the dominant purpose of creating or communicating referendum matter; and

the total value of the gift or gifts exceeds the disclosure threshold.

60 penalty units;

if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of the gifts not disclosed—3 times that amount.

the value of the gift or gifts made in the referendum expenditure period by the person or entity to the referendum entity;

the name of the referendum entity to whom the gift or gifts were made;

the date or dates on which the gift or gifts were made.

the relevant person is a referendum entity at any time during a referendum expenditure period; and

a gift is made to, or for the benefit of, the relevant person by a foreign donor at any time during the referendum expenditure period; and

the relevant person knows that the donor is a foreign donor; and

the amount or value of the gift is at least $100; and

either of the following applies:

the relevant person knows that the foreign donor intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter;

the relevant person accepted the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; and

acceptable action has not been taken in relation to the gift before the end of the day that is 6 weeks after the latest of the following:

the day the gift is made;

the day that the writ for the referendum is issued;

the day the relevant person exceeds the disclosure threshold during the referendum expenditure period.

paragraph (1)(a); and

the element of the offence in paragraph (1)(b) that the gift was made at any time during the referendum expenditure period.

the donor is a foreign donor; and

the donor makes a gift at any time during the referendum expenditure period for a referendum to, or for the benefit of, another person or entity; and

the other person or entity is a referendum entity at any time during the referendum expenditure period; and

the amount or value of the gift is at least $100; and

either of the following applies:

the donor intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter;

the donor knows that the other person or entity accepts the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; and

acceptable action has not been taken in relation to the gift before the end of the day that is 6 weeks after the latest of the following:

the day the gift is made;

the day that the writ for the referendum is issued;

the day the referendum entity exceeds the disclosure threshold during the referendum expenditure period.

the element of the offence in paragraph (3)(b) that the gift was made at any time during the referendum expenditure period; and

paragraph (3)(c).

an amount equal to the amount or value of the gift is transferred to the Commonwealth for the purposes of this Part;

the gift is returned to the donor or the person who made the gift;

an amount equal to the amount or value of the gift is transferred to the donor or the person who made the gift.

200 penalty units;

if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift at the time the gift was made—3 times that amount.

whether or not the conduct constituting the contravention of that subsection occurs in Australia; and

whether or not a result of the conduct constituting the alleged contravention of that subsection occurs in Australia.

to ensure, to the extent possible, that only Australians and those with a genuine, legitimate stake in the outcomes of the Australian referendum process are able to influence those outcomes; and

to reduce the risk of foreign persons or entities influencing the results of Australian referendums through referendum expenditure.

amounts of referendum expenditure incurred by or with the authority of the foreign campaigner in a financial year total $1,000 or more; or

amounts fundraised for the purpose of referendum expenditure being incurred by or with the authority of the foreign campaigner in a financial year total $1,000 or more.

200 penalty units;

if there is sufficient evidence for the court to determine or estimate the amount of referendum expenditure incurred or fundraised in contravention of this subsection—3 times that amount.

whether or not the conduct constituting the contravention of that subsection occurs in Australia; and

whether or not a result of the conduct constituting the alleged contravention of that subsection occurs in Australia.

the relevant person, whether alone or together with one or more other persons or entities, enters into, begins to carry out or carries out a scheme; and

there are reasonable grounds to conclude that the relevant person did so for the sole or dominant purpose of avoiding the application of section 109E, 109F, 109G, 109J or 109L to the relevant person or another person or entity.

specify the conduct constituting the scheme; and

require the relevant person:

not to enter into the scheme; or

not to begin to carry out the scheme; or

not to continue to carry out the scheme.

the person or entity is given a notice under subsection (1); and

the person or entity does an act or omits to do an act; and

the act or omission contravenes the notice.

200 penalty units;

if there is sufficient evidence for the court to determine or estimate the amount that was not prohibited as a result of the scheme or part of the scheme—3 times that amount.

in Australia; or

outside Australia; or

partly in Australia and partly outside Australia.

to give to the Commissioner, within the period and in the manner and form specified in the notice, any such information; or

to produce to the Commissioner, within the period and in the manner specified in the notice, any such documents.

the person is given a notice under subsection (2); and

the person fails to comply with the notice.

in writing; and

given to the Electoral Commission during the period of 14 days beginning on the day on which the notice was received.

review the decision as soon as practicable after receiving a request under subsection (7); and

affirm, vary or set aside the decision; and

notify the person in writing of its decision on the review.

(a) a gift is made to, or for the benefit of, a person (the gift recipient); and

a court has determined that the gift recipient or any other person has contravened section 109J in relation to the gift.

records allowing the person to provide an accurate return under section 109E, 109F or 109G;

records required for the purposes of complying with section 109J (about gifts from foreign donors);

any other records required for the purposes of allowing the Electoral Commissioner to determine whether the person is complying, or has complied, with this Part;

any other records required by the regulations or a determination made under subsection (4) of this section.

if the record relates to a return in relation to referendum expenditure—5 years after the voting day for the referendum; and

if the record relates to a return in relation to a gift—5 years after the day the gift is made; and

if the record relates to compliance with Division 3—5 years after the day the relevant gift is made.

records for the purposes of paragraph (1)(d); or

requirements for records for the purposes of subsection (3).

prepare the return to the extent that it is possible to do so without those particulars; and

give the return so prepared; and

give to the Electoral Commission notice in writing:

identifying the return; and

stating that the return is incomplete by reason that the person is unable to obtain certain particulars; and

identifying those particulars; and

setting out the reasons why the person is unable to obtain those particulars; and

if the person believes, on reasonable grounds, that another person whose name and address the person knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person.

setting out the particulars (if any) that the person is able to give; and

stating that the person is unable to obtain some or all of the particulars; and

identifying the particulars the person is unable to obtain; and

setting out the reasons why the person considers they are unable to obtain those particulars; and

if the person believes, on reasonable grounds, that another person whose name and address the person knows can give those particulars—setting out the name and address of that other person and the reasons why the person believes that that other person is able to give those particulars.

be by notice in writing signed by the person making the request; and

be given to the Electoral Commission.

a request has been made under subsection (2); and

the Electoral Commission is satisfied that there is an error in, or omission from, the return to which the request relates;

subsection (5) applies as if the officer were the Electoral Commission; and

the person who made the request may, by notice in writing given to the Commission within 28 days after notice of the refusal was given, request the Commission to review the decision.

beginning on the day after this subitem commences; and

ending on polling day for the first general election of the members of the House of Representatives held after the commencement of this subitem.

that the elector has voted more than once in an election, whether or not the elector has been convicted of an offence against subsection 339(1A) or (1C);

(b) that the elector has voted more than once in a referendum (within the meaning of the Referendum (Machinery Provisions) Act 1984), whether or not the elector has been convicted of an offence against subsection 130(1A) or (1C) of that Act.

if the declaration relates to an elector who has been convicted of an offence against subsection 339(1A)—the elector’s conviction is quashed on appeal; and

if the declaration relates to an elector who has been convicted of an offence against subsection 339(1C)—the elector’s conviction is quashed on appeal; and

(c) if the declaration relates to an elector who has been convicted of an offence against subsection 130(1A) of the Referendum (Machinery Provisions) Act 1984—the elector’s conviction is quashed on appeal; and

(d) if the declaration relates to an elector who has been convicted of an offence against subsection 130(1C) of the Referendum (Machinery Provisions) Act 1984—the elector’s conviction is quashed on appeal.

the voter is a designated elector; or

(b) the Electoral Commissioner temporarily suspends the polling at a polling booth for a period under Commonwealth Electoral Act 1918;section 240A of the

an emergency is declared (however described) under a Commonwealth emergency law; and

(b) the Electoral Commissioner is satisfied on reasonable grounds that the emergency to which the declaration relates would interfere with the due conduct of a referendum in a geographical area to which the declaration applies (the emergency area).

if the Electoral Commissioner is satisfied, on reasonable grounds, that the person being present for action that is to take place under the Act in the emergency area is necessary or conducive for the due conduct of the referendum in the emergency area—travel, or be present, for the action;

conduct an activity mentioned in subsection (4) within 100 metres of the entrance to a polling booth or pre-poll voting office in the emergency area, or travel for the purposes of conducting the activity;

canvassing for votes in a referendum;

inducing an elector to vote in a particular way at a referendum;

soliciting the vote of an elector in a referendum;

exhibiting a notice or sign (other than an official notice or sign) relating to a referendum.

that the Electoral Commissioner is considering making the instrument; and

why the Electoral Commissioner considers it necessary to make the instrument; and

how modifications to be made under the instrument will be limited to the emergency area and the period for which the relevant emergency declaration is in force.

must publish the legislative instrument on the Electoral Commission’s website; and

may publish the legislative instrument in any other way the Electoral Commissioner considers appropriate.

(a) the Biosecurity Act 2015;

(b) the National Emergency Declaration Act 2020;

(c) the National Health Act 1953;

(d) the National Health Security Act 2007;

any other Commonwealth law specified under subsection (9).

when the emergency declaration referred to in subsection (1) is revoked, repealed or otherwise ceases to have effect;

when the writ for the referendum to which the legislative instrument relates is returned.

a form that:

is approved by the Electoral Commissioner in writing; and

has been published by the Electoral Commissioner; or

a manner, approved by the Electoral Commissioner in writing, for giving a notice (however described).

(a) that contains referendum matter (within the meaning of the Referendum (Machinery Provisions) Act 1984) that relates to that referendum; and

in respect of the broadcasting of which the relevant licensee has received or is to receive, directly or indirectly, any money or other consideration.

in relation to an election—means the period that commences at the end of the Wednesday before the polling day for the election and ends at the close of the poll on that polling day; and

in relation to a referendum—means the period that commences at the end of the Wednesday before the voting day for the referendum and ends at the close of voting on that voting day.

a commercial television broadcasting licensee; or

a commercial radio broadcasting licensee; or

a community broadcasting licensee; or

a subscription television broadcasting licensee; or

a person providing broadcasting services under a class licence.

(a) that contains referendum matter (within the meaning of the Referendum (Machinery Provisions) Act 1984) that relates to that referendum; and

in respect of the broadcasting of which the SBS has received or is to receive, directly or indirectly, any money or other consideration.