Senate debates

Wednesday, 22 March 2023

Bills

Referendum (Machinery Provisions) Amendment Bill 2022; Second Reading

10:50 am

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Hansard source

I welcome those comments of Senator Birmingham and hope that in the course of the next few minutes or hours—hopefully not days—I can answer all of the issues that you have raised in a satisfactory fashion that will result in this chamber passing the Referendum (Machinery Provisions) Amendment Bill with very strong support from the chamber. I would like to thank all of those in this chamber who have contributed to the debate on this Referendum (Machinery Provisions) Amendment Bill 2022. I would especially like to thank Senator Hume and her staff for the terrific engagement that we've had about this legislation over the last few days and weeks. I would also like to thank Senator Waters and her staff for their very constructive contribution to the debate and also thank Senators Pocock, Senator Thorpe, Senator Lambie, Senator Babet and Senator Roberts and his team for their constructive engagement in this bill. I think it's an example of how we get the best out of the Senate with as much consultation as we possibly can and as much engagement with all of the relevant groups as we can.

I would also like to thank my staff, who have worked very diligently, particularly overnight, to get the best possible result for the Australian community out of this very significant change to the referendum legislation. I also take the opportunity to recognise and thank the members of the Joint Standing Committee on Electoral Matters for their review of the bill and for their continued consideration of matters relating to electoral laws and practices, which we hope to bring back to the parliament later on this year.

Referenda are an integral part of our democracy; however, the last referendum was held over 22 years ago, Mr Acting Deputy President, as you will recall. Since that time the Referendum (Machinery Provisions) Act 1984 has not kept pace with the changes to the Commonwealth Electoral Act 1918. The bill makes amendments to replicate current electoral machinery provisions into the referendum context to ensure that the voting processes and experiences are similar to that of a federal election. The bill will also ensure that integrity and transparency measures that currently apply to federal elections will also apply to referenda. This includes the establishment of a financial disclosure framework for referenda to support transparency and accountability with respect to the funding and expenditure.

The decision to change our Constitution is a significant national event, and it has been more than two decades since a change has been proposed. It's therefore important that the government fund a civics education campaign in relation to the upcoming referendum on the Voice. I can also confirm that a 'no' campaign application for DGR status will be treated under exactly the same processes as those that will apply to the 'yes' campaign.

The government notes the recommendations of the Joint Standing Committee on Electoral Matters inquiry into the bill and intends to further consider the committee's recommendations relating to increased enrolment and participation, and the provision of information to voters. The amendments in this bill are important and necessary to deliver a modern referendum in which the voting processes and the experience are similar to those of a federal election. I once again thank my colleagues for their contribution, and I commend the bill to the Senate.

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