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

General Typology

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

10A—Special provisions as to referendum 

(1) Except as provided in this section—
(a) the House of Assembly shall not be abolished; and (b) the Legislative Council shall not be abolished; and
(c) the powers of the Legislative Council shall not be altered; and
(d) sections 8 and 41 of this Act shall not be repealed or amended; and
(e) any provision of this section shall not be repealed or amended. 

(2) A Bill providing for or effecting—
(a) the abolition of the House of Assembly; or
(b) the abolition of the Legislative Council; or
(c) any alteration of the powers of the Legislative Council; or
(d) the repeal or amendment of section 8 or section 41 of this Act; or
(e) the repeal or amendment of any provision of this section,
shall be reserved for the signification of Her Majesty's pleasure thereon, and shall not be presented to the Governor for Her Majesty's assent until the Bill has been approved by the electors in accordance with this section. 

(3) On a day which shall be appointed by proclamation, being a day not sooner than two months after the Bill has passed through both the Houses of Parliament, the Bill shall, as provided by and in accordance with an Act which must be passed by Parliament and in force prior to that day, be submitted to the persons whose names appear as electors on the electoral rolls kept under the Electoral Act 1929, as amended, for the election of members of the House of Assembly. 

(4) When the Bill is so submitted as provided by and in accordance with the Act referred to in subsection (3) of this section, a vote shall be taken in such manner as is prescribed by that Act. 

(5) If the majority of the persons voting approve of the Bill, it shall be presented to the Governor for Her Majesty's assent. 

(6) Without restricting or enlarging the application of this section, this section shall not apply to any Bill providing for or effecting—
(a) the repeal; or
(b) the amendment from time to time; or
(c) the re-enactment from time to time with or without modification, of section 11, 12, 16, 17, 18, 19, 20, 20A, 21, 22, 44, 45, 46, 46A, 48, 48A, 49, 50, 51, 52, 53, 54, 54A, 55, 56, 57, 58, 59, 60, 61, 63, 64 or 65 of this Act as in force immediately after the commencement of the Constitution Act Amendment Act 1969, or of any enactment for the time being in force so far as it relates to the subject matter dealt with in any of those sections.

(7) Any person entitled to vote at an election for a member or members of the House of Assembly or the Legislative Council shall have the right to bring an action in the Supreme Court for a declaration, injunction or other legal remedy to enforce any of the provisions of this section either before or after any Bill referred to in this section is presented to the Governor for Her Majesty's assent. 

Division 3—Entrenchment of this Part 

88—Special provisions as to referendum 

(1) Except as provided in this section, no provision of section 32 of this Act or of this Part shall be repealed, suspended or amended. 

(2) A Bill providing for or effecting the repeal, suspension, or amendment of any provision of section 32 of this Act or of this Part shall not be presented to the Governor for assent unless—
(a) the Bill does not provide for, or effect, the repeal, suspension or amendment of a provision of this section and the Bill does not:
(i) offend against the principle that the State is to be divided into electoral districts each returning the same number (whether that number be one or more than one) of members to the House of Assembly; or
(ii) offend against the principle expressed in section 77 of this Act by which the number of electors to be comprised in each electoral district upon an electoral redistribution is to be ascertained; or
(iii) affect the frequency with which electoral redistributions are to be made; or (iv) offend against the principle that an electoral redistribution is to be made by a Commission that is independent of political influence or control; or
(b) the Bill has been approved by the electors in accordance with this section. 

(3) Where it is necessary for a Bill to be approved by the electors in accordance with this section, the Bill shall, on a day appointed by proclamation (being a day that falls not earlier than two months after the day on which the Bill is passed by Parliament) be submitted to a referendum of the electors for the House of Assembly. 

(4) If the majority of the persons voting at the referendum approve of the Bill it shall be presented to the Governor for assent. 

(5) Any person entitled to vote at a general election of members of the House of Assembly shall have the right to bring an action in the Supreme Court for a declaration, injunction or other legal remedy to enforce any of the provisions of this section.

References: South Australia Constitution Act 1934 (accessed Feb. 5, 2020)

Subject Matter:

To amend or repeal defined principal provisions in the constitution: Abolition of the House of Assembly; or the abolition of the Legislative Council, any alteration of the powers of the Legislative Council; Section 8: Power of Parliament to alter this Act; Section 10A-Special provisions as to referendum; Section 32-Assembly districts

Actors

Author:
Legislature
Initiator:
Law
Decision maker:
Electorate

Requirements

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

Only those rules regulated in Sec. 10A and 88

Exceptins 10A (..)

(6) Without restricting or enlarging the application of this section, this section shall not apply to any Bill providing for or effecting—
(a) the repeal; or
(b) the amendment from time to time; or
(c) the re-enactment from time to time with or without modification, of section 11, 12, 16, 17, 18, 19, 20, 20A, 21, 22, 44, 45, 46, 46A, 48, 48A, 49, 50, 51, 52, 53, 54, 54A, 55, 56, 57, 58, 59, 60, 61, 63, 64 or 65 of this Act as in force immediately after the commencement of the Constitution Act Amendment Act 1969, or of any enactment for the time being in force so far as it relates to the subject matter dealt with in any of those sections.

Other Formal Requirements:

Procedural Elements

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

Practice

Archive:
Remarks: