Referendum (Appropriation and Supply) Bill

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (15:41): Obtained leave and introduced a bill for an act to provide for the submission of the Constitution (Appropriation and Supply) Amendment Bill 2015 to a referendum. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (15:41): I move:

That this bill be now read a second time.

This bill provides for the manner in which a referendum will be held on the Constitution (Appropriation and Supply) Amendment Bill 2015. The Constitution Act 1934 provides that certain bills cannot be presented to the Governor for assent until they have been approved at a referendum. This includes any bill which proposes to alter the powers of the Legislative Council as the Constitution (Appropriation and Supply) Amendment Bill 2015 does. I seek leave to have the remainder of the second reading explanation inserted in Hansard without my reading it.

Leave granted.

As such, and pursuant to section 10A of the Constitution Act, the Constitution (Appropriation and Supply) Amendment Bill 2015 must, on a day which shall be appointed by proclamation, being a day not sooner than two months after it has passed through both Houses of Parliament, be submitted to electors as provided by and in accordance with an Act which must be passed by Parliament.

This Bill, if enacted, will be an Act referred to in section 10A of the Constitution Act. The Bill sets out the manner in which the Constitution (Appropriation and Supply) Amendment Bill 2015 will be submitted to electors.

The Bill provides that a referendum on the Constitution (Appropriation and Supply) Amendment Bill 2015 will take place at the next House of Assembly general election. The Bill also provides that another referendum can be held on the same day under another Act. This is a reference to the proposal before this Parliament in the Constitution (Deadlocks) Amendment Bill 2015, which would also require approval at a referendum.

The Constitution (Appropriation and Supply) Amendment Bill 2015 will be passed if approved at the referendum by the majority of electors voting at the referendum.

The referendum will be conducted by the Electoral Commissioner. The Bill provides that the Electoral Act 1985 applies to the referendum with such modification, adaptations and exclusions as are prescribed by regulation as if the referendum were a general election of members of the House of Assembly. Accordingly, detailed regulations will need to be prepared to support the Bill and modify the Electoral Act 1985 for the purposes of the referendum.

If this Bill is passed, then South Australians would go to their first referendum since 1991. This would be a momentous occasion, and the Government encourages all South Australians who will be eligible to vote at the next general election to engage in the debate and discussion on the Constitution (Appropriation and Supply) Amendment Bill 2015 in the lead up to the referendum.

I commend the Bill to Members.

Explanation of Clauses

1—Short title

This clause is formal.

2—The referendum

This clause provides for the Constitution (Appropriation and Supply) Amendment Bill 2015 to be submitted to a referendum. The provision specifies that the referendum must be held on the day of a general election (taking into account the requirement in section 10A of the Constitution Act 1934 that the referendum be held not less than 2 months after the Bill has passed through the Parliament). If a majority of electors approve the Constitution (Appropriation and Supply) Amendment Bill 2015 at the referendum, then the Bill is to be presented to the Governor for assent.

3—Conduct of referendum

This clause provides that the Electoral Commissioner is responsible for the conduct of the referendum and provides for the appointment of scrutineers for the purposes of the referendum, the application of the Electoral Act 1985 to the referendum and the declaration of the result of the referendum.

4—Regulations

This clause provides for the making of regulations for the purposes of the measure.

Debate adjourned on motion of Mr Gardner.