New South Wales, Australia, regional Obligatory referendum [LOR] - Referendum

General Typology

Instrument
Obligatory referendum [LOR]
Location
New South Wales, Australia
Political level
regional
Local Name:
Referendum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

7A Referendum for Bills with respect to Legislative Council and certain other matters

(1) The Legislative Council shall not be abolished or dissolved, nor shall:
(a) its powers be altered,
(b) section 11A, Division 2 of Part 3 (sections 22G, 22H, 22I and 22J excepted), the Sixth Schedule or this section be expressly or impliedly repealed or amended,
(c) any provision with respect to the persons capable of being elected or of sitting and voting as Members of either House of Parliament be enacted, or
(d) any provision with respect to the circumstances in which the seat of a Member of either House of Parliament becomes vacant be enacted, except in the manner provided by this section.

(2) A Bill for any purpose within subsection (1) shall not be presented to the Governor for His Majesty’s assent until the Bill has been approved by the electors in accordance with this section.

(3) On a day not sooner than two months after the passage of the Bill through both Houses of the Legislature the Bill shall be submitted to the electors qualified to vote for the election of Members of the Legislative Assembly. Such day shall be appointed by the Legislature.

(4) When the Bill is submitted to the electors the vote shall be taken in such manner as the Legislature prescribes.

(5) If a majority of the electors voting approve the Bill, it shall be presented to the Governor for His Majesty’s assent.

(6) The provisions of this section do not apply to:
(a) a Bill for the repeal, the amendment from time to time or the re-enactment from time to time with or without modifications of:
(i) any of the provisions of section 15 or 38A, or
(ii) any provision for the time being in force so far as it relates to the subject-matter dealt with in any of the provisions referred to in subparagraph (i),
(b) a provision of a Bill, being a provision which would, upon its coming into operation, be a law referred to in section 22A (5),
(c) a provision of a Bill, being a provision with respect to the capacity of a person who holds or accepts an office of profit under the Crown specified in the Bill to be elected or to sit and vote as a Member of either House of Parliament,
(d) a provision with respect to the persons capable of being elected or of sitting and voting as Members of either House of Parliament which applies in the same way to the persons capable of being elected or of sitting and voting as Members of the other House of Parliament, or
(e) a provision with respect to the circumstances in which the seat of a Member of either House of Parliament becomes vacant which applies in the same way to the circumstances in which the seat of a Member of the other House of Parliament becomes vacant.

(7) (Repealed)

(8) In this section a reference to the Legislative Council shall be construed as a reference to the Legislative Council as reconstituted from time to time in accordance with this Act.

References: Constitution Act 1902 No 32 (accessed Feb 22, 2020)

Subject Matter:

To change provisions with respect to the Legislative Council and elections

Actors

Author:
Legislature
Initiator:
Law
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
No turnout quorum found
Approval Quorum:
Majority of electors
Geographical Quorum:
No geographical quorum found
Excluded Issues:

Only selected rules mentioned Sec. 7A
(Includes: 11A Elections to be held pursuant to writs; Division 2 Special provisions relating to the Legislative Council; Sixth Schedule Conduct of Legislative Council elections)

Does not include:

7A (6) The provisions of this section do not apply to:
(a) a Bill for the repeal, the amendment from time to time or the re-enactment from time to time with or without modifications of:
(i) any of the provisions of section 15 or 38A, or
(ii) any provision for the time being in force so far as it relates to the subject-matter dealt with in any of the provisions referred to in subparagraph (i),
(b) a provision of a Bill, being a provision which would, upon its coming into operation, be a law referred to in section 22A (5),
(c) a provision of a Bill, being a provision with respect to the capacity of a person who holds or accepts an office of profit under the Crown specified in the Bill to be elected or to sit and vote as a Member of either House of Parliament,
(d) a provision with respect to the persons capable of being elected or of sitting and voting as Members of either House of Parliament which applies in the same way to the persons capable of being elected or of sitting and voting as Members of the other House of Parliament, or
(e) a provision with respect to the circumstances in which the seat of a Member of either House of Parliament becomes vacant which applies in the same way to the circumstances in which the seat of a Member of the other House of Parliament becomes vacant.

(7) (Repealed)

(8) In this section a reference to the Legislative Council shall be construed as a reference to the Legislative Council as reconstituted from time to time in accordance with this Act.

Other Formal Requirements:

Procedural Elements

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

Practice

Archive:
Remarks: