(1)
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Where:
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(a)
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a proposed law for the alteration
of the Constitution, being a proposed law passed by an absolute majority of
both Houses of the Parliament, is to be submitted to the electors; and
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(b)
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within 4 weeks after the passage
of that proposed law through both Houses of the Parliament, there is
forwarded to the Electoral Commissioner:
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(i)
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an argument in favour of the
proposed law, consisting of not more than 2,000 words, authorized by a
majority of those members of the Parliament who voted for the proposed law
and desire to forward such an argument; or
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(ii)
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an argument against the proposed
law, consisting of not more than 2,000 words, authorized by a majority of
those members of the Parliament who voted against the proposed law and desire
to forward such an argument;
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the Electoral Commissioner shall,
unless the Minister informs the Electoral Commissioner that the referendum is
not to be held, not later than 14 days before the voting day for the
referendum, cause to be printed and to be posted to each elector, as nearly
as practicable, a pamphlet containing the arguments together with a statement
showing the textual alterations and additions proposed to be made to the
Constitution.
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(2)
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Where:
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(a)
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a proposed law for the alteration
of the Constitution, being a proposed law passed by an absolute majority of
one House of the Parliament only, is to be submitted to the electors; and
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(b)
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within 4 weeks after the second
passage of that proposed law through that House of the Parliament, there is
forwarded to the Electoral Commissioner:
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(i)
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an argument in favour of the
proposed law, consisting of not more than 2,000 words, authorized by a
majority of those members of the Parliament who voted for the proposed law
and desire to forward such an argument; or
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(ii)
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an argument against the proposed
law, consisting of not more than 2,000 words, authorized by a majority of
those members of the Parliament who voted against the proposed law and desire
to forward such an argument;
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the Electoral Commissioner shall, unless the Minister
informs the Electoral Commissioner that the referendum is not to be held, not
later than 14 days before the voting day for the referendum, cause to be
printed and to be posted to each elector, as nearly as practicable, a
pamphlet containing the arguments together with a statement showing the
textual alterations and additions proposed to be made to the Constitution.
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(3)
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When there are to be referendums upon more than one
proposed law on the same day:
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(a)
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the arguments in relation to all the proposed laws
shall be printed in one pamphlet;
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(b)
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the argument in favour of any
proposed law may exceed 2,000 words if the arguments in favour of all the
proposed laws do not average more than 2,000 words each and the argument
against any proposed law may exceed 2,000 words if the arguments against all
the proposed laws do not average more than 2,000 words each; and
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(c)
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there
may be one statement setting out all the alterations and additions proposed
to be made to the Constitution by all the proposed laws, with marginal notes
identifying the proposed law by which each alteration or addition is proposed
to be made.
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(4)
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The
Commonwealth shall not expend money in respect of the presentation of the
argument in favour of, or the argument against, a proposed law except in
relation to:
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(a)
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the
preparation, printing and posting, in accordance with this section, of the pamphlets
referred to in this section;
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(aa)
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the
preparation, by or on behalf of the Electoral Commission, of translations
into other languages of material contained in those pamphlets;
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(ab)
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the
preparation, by or on behalf of the Electoral Commission, of presentations of
material contained in those pamphlets in forms suitable for the visually
impaired;
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(ac)
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the
distribution or publication, by or on behalf of the Electoral Commission, of
those pamphlets, translations or presentations (including publication on the
Internet);
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(b)
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the
provision by the Electoral Commission of other information relating to, or
relating to the effect of, the proposed law; or
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(c)
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the
salaries and allowances of members of the Parliament, of members of the staff
of members of the Parliament or of persons who are appointed or engaged under
the Public Service Act 1999.
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