Australian Capital Territory, Australia, regional Obligatory referendum [LOR] - Referendum

General Typology

Instrument
Obligatory referendum [LOR]
Location
Australian Capital Territory, Australia
Political level
regional
Local Name:
Referendum
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

26 Special procedures for making certain enactments 

(1) The Assembly may pass a law (in this section called the entrenching law) prescribing restrictions on the manner and form of making particular enactments (which may include enactments amending or repealing the entrenching law).
(2) The entrenching law shall be submitted to a referendum of the electors of the Territory as provided by enactment.
(3) If a majority of the electors approve the entrenching law, it takes effect as provided by section 25.
(4) While the entrenching law is in force, an enactment to which it applies has no effect unless made in accordance with the entrenching law.
(5) If an entrenching law includes the requirement (however expressed) that an enactment or enactments be passed by a specified majority of the members (in this subsection called a special majority), the same requirement shall be taken to apply to the entrenching law, so that it must be passed by:
(a) that special majority; or
(b) if it specifies different special majorities for different enactments—the highest of those special majorities.
(6) If an entrenching law passed by the Assembly:
(a) includes the requirement (however expressed) that an enactment or enactments be submitted to a referendum of the electors of the Territory; and
(b) includes provision (however expressed) that, to have effect, the referendum is to be passed by a specified majority of the electors (in this subsection called a special majority); the same requirement shall be taken to apply to the entrenching law, so that the reference in subsection (3) to a majority of the electors shall be taken to be a reference to:
(c) that special majority; or (d) if the entrenching law specifies different special majorities for different enactments—the highest of those special majorities. 

25 Notification of enactment
(1) Where a proposed law has been passed by the Assembly, the Chief Minister, or another person authorised by enactment to do so, shall publish in the Territory Gazette a notice of the proposed law having been passed and of the place or places where copies of the law can be purchased.
(2) Where a proposed law is notified in the Territory Gazette, it takes effect upon the day of notification or, if the proposed law otherwise provides, as so provided.
(3) At the time of publication of the notice under subsection (1) of the passing of a proposed law or as soon as practicable thereafter, copies of the law shall be made available for purchase at the place, or at each of the places, specified in the notice.
(4) Where, on the day of publication of the notice under subsection (1) of the passing of a proposed law, there are no copies of the law available for purchase at the place, or at one or more of the places, specified in the notice, the Chief Minister shall cause to be laid before the Assembly, within 15 sitting days of the Assembly after that day, a statement that copies of the law were not so available and the reason why they were not so available.
(5) Failure to comply with the requirements of subsection (3) or (4) in relation to a proposed law shall not be taken to constitute a failure to comply with subsection (1). (6) Subsections (1) to (5) (inclusive) cease to have effect on and after the commencement of an enactment providing for:
(a) the publication of a notice of the passing of a proposed law by the Assembly otherwise than under subsection (1); and
(b) the commencement of such a proposed law. 

References: Australian Capital Territory (Self-Government) Act 1988 No. 106, 1988 (accessed Feb 05, 2020)

Subject Matter:

To decide on issues defined in an entrenching law

Actors

Author:
Legislature
Initiator:
Law
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
Specified in entrenching law
Approval Quorum:
Specified in entrenching law
Geographical Quorum:
Specified in entrenching law
Excluded Issues:

Only issues defined in entrenching law

Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: