Victoria, Australia, regional Obligatory referendum [LOR] - Approval by the electors

General Typology

Instrument
Obligatory referendum [LOR]
Location
Victoria, Australia
Political level
regional
Local Name:
Approval by the electors
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

65G    Joint Sitting
(6) If a Bill to which section 18(1B) applies is passed in accordance with this section, it must be submitted to a referendum.
(7) A Bill that is referred to in subsection (6) and that is approved by the majority of electors voting at a referendum must be presented to the Governor for Her Majesty's assent and becomes an Act of Parliament on the Royal Assent being signified. 

65D    Consideration of Dispute Resolution by Assembly and Council
(3)    If the Assembly or the Council has, in relation to a Bill to which section 18(1B) applies, given effect to a Dispute Resolution, it is only lawful to present the Bill to the Governor for Her Majesty's assent if the Bill has been approved by the majority of electors voting at a referendum. 

18    Power for Parliament to alter this Act 

(1B)    It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which—
(a) this subsection or subsection (1A), (1BA), (1C) or (3); or
(b) Subdivision 1 of Division 5 of Part II; or
(c) Subdivision 2 of Division 5 of Part II; or
(d) Subdivision 1 of Division 6 of Part II; or
(e) Subdivision 2 of Division 6 of Part II; or
(f) Subdivision 3 of Division 6 of Part II; or
(g) section 41; or
(h) Division 9 of Part II; or
(i) Division 9A of Part II; or
(j) Part IIA; or
(k) section 75(1); or
(l) Part IIIA; or
(m) Part IV; or
(n) Division 3 of Part V; or
(o) Part VA; or
(p) any provision substituted for any provision specified in paragraphs (a) to (o)—
may be repealed, altered or varied unless the Bill has been passed by the Assembly and the Council and approved by the majority of the electors voting at a referendum. 

(1BA)    For the purposes of subsection (1B), a provision of a Bill is not to be taken to repeal, alter or vary Part IIA unless the Bill expressly refers to that Part in, or in relation to, that provision and expressly, and not merely by implication, states an intention to repeal, alter or vary Part IIA. 

(1C)    A Bill to which subsection (1B) applies must be submitted to a referendum on a day not sooner than 59 days after the Bill has been passed by the Assembly and the Council. 

(2)    It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which—
aa) section 1A; or (a) Part I; or
(b) Division 1 of Part II (other than section 18);
(c) this subsection or subsection (4) or (6); or
(d) Subdivision 1 of Division 7 of Part II; or
(e) Subdivision 2 of Division 7 of Part II; or
(f) Section 61A; or
(fa) Part VII; or
(fb) Part IIIAA; or
(g) any provision substituted for any provision specified in paragraphs (a) to (fb)— may be repealed, altered or varied or any Bill by which—
(h) responsibility for ensuring the delivery of a water service (within the meaning of Part VII) may be transferred to a person or body that is not a public authority (within the meaning of that Part) or the accountability to a responsible Minister of the Crown of such an authority for ensuring the delivery of such a service may be removed—
unless the third reading of the Bill is passed by a special majority. 

(2AA)    It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which—
(a) this subsection or subsection (2A) or (5); or
(b) Part III (other than section 75(1) or 85); or
(c)    any provision substituted for any provision specified in paragraph (a) or (b)— may be repealed, altered or varied unless the third reading of the Bill is passed by an absolute majority. 

(2A)    A provision of a Bill by which section 85 may be repealed, altered or varied is void if the third reading of the Bill is not passed with the concurrence of an absolute majority of the whole number of the members of the Council and of the Assembly respectively. 

(3)    Any Bill dealing with any of the matters specified in subsection (1B) which has not been approved in accordance with that subsection is void. 

(4)    Any Bill dealing with any of the matters specified in subsection (2) which has not been passed in accordance with that subsection is void. (5)    Any Bill dealing with any of the matters specified in subsection (2AA) which has not been passed in accordance with that subsection is void.
(6) Subsection (2) does not apply to any Bill to—
(a) enable a public authority (within the meaning of Part VII) to enter into an arrangement of any kind with a person or body (including an independent contractor) relating to the delivery of a water service (within the meaning of that Part); or
(b)    alter the structure, composition or membership of a public authority (within the meaning of Part VII) that has responsibility for ensuring the delivery of a water service (within the meaning of that Part) if the alteration does not affect its status or the status of a successor body as such a public authority accountable to a responsible Minister of the Crown for ensuring the delivery of that service. 

References: Constitution Act 1975 (accessed March 3, 2020)

Subject Matter:

To approve particularized changes of the Constitution Act and other rules mentioned in sec. 18 (1B)

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 issues defined in sec. 18 (1B)

Other Formal Requirements:

Procedural Elements

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

Practice

Archive:
Remarks: