Referendum (Deadlocks) Bill

Second Reading

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (19:50): I move:

That this bill be now read a second time.

I seek leave to have the second reading and explanation of clauses inserted in Hansard without my reading it.

Leave granted.

This Bill provides for the manner in which a referendum will be held on the Constitution (Deadlocks) Amendment Bill 2015.

The Constitution Act 1934 ('Constitution Act') provides that certain Bills cannot be presented to the Governor for assent until they have been approved at a referendum. This includes Bills which amend section 41 of the Constitution Act and Bills which alter the powers of the Legislative Council. The Constitution (Deadlocks) Amendment Bill 2015 does both of those things.

As such, and pursuant to section 10A of the Constitution Act, the Constitution (Deadlocks) 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 (Deadlocks) Amendment Bill 2015 will be submitted to electors.

The Bill provides that a referendum on the Constitution (Deadlocks) 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 the House of Assembly in the Constitution (Appropriation and Supply) Bill 2015, which would also need to be approved at a referendum.

The Constitution (Deadlocks) 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 (Deadlocks) 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 (Deadlocks) 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 (Deadlocks) 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 Hon. D.W. Ridgway.