Referendums
A referendum is the submission of a proposed law (a Bill) to the electors for their approval.
Normally, Bills are introduced, debated and passed as law in parliament (the Legislative Assembly and the Legislative Council). Final assent to each Bill must be given by the Governor.
There are occasions when the Legislative Assembly and the Legislative Council disagree about the provisions of a certain Bill and debate fails to lead to agreement. Also, certain sections of The Constitution Act 1902 can only be changed by a referendum. On these occasions the Legislative Assembly may direct that the Bill be submitted to the electors for approval by way of referendum.
If a majority of the electors voting approve of the Bill, it is presented to the Governor for the Royal assent and the law is amended accordingly.
Electors are usually required to tick on the ballot paper their answer to the referendum question, either 'YES' or 'NO'.
Examples of referendums held in New South Wales are:
- Do you favour the law being amended to permit hotels to trade generally on Sundays between the hours of 12 noon and 6.30pm? (1969) RESULT – NEGATIVE
- Are you in favour of daylight saving? (1976) RESULT – APPROVED.
Two referendums were put to the electors at the 1995 elections, namely:
- A Bill for an Act to prevent parliament from changing laws about the independence of judges and magistrates without a referendum. RESULT – APPROVED
- A Bill for an Act to require the parliament of New South Wales to serve full four year terms and to prevent politicians calling early elections or changing these new constitutional rules without a further referendum. RESULT – APPROVED.