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Referendum Act 2004

Assent: 23 December 2004
Commencement: 29 March 2005

REPUBLIC OF VANUATU

THE
REFERENDUM ACT NO. 4 OF 2004

Arrangement of Sections

1 Interpretation
2 Writ for a national referendum
3 Form of the writ
4 Date for national referendum
5 Ballot paper
6 When referendum binding
7 Persons eligible to vote
8 Application of the Representation of the People Act [CAP 146]

9. Results of referendum

10 Cost of referendum
11 Regulations
12 Commencement

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REPUBLIC OF VANUATU

Assent: 23 December 2004
Commencement: 29 March 2005

THE
REFERENDUM ACT NO. 4 OF 2004

An Act to provide for national referendums.

Be it enacted by the President and Parliament as follows:

1 Interpretation

In this Act, unless the contrary intention appears:

Constitution means the Constitution of the Republic of Vanuatu.

elector means a person eligible to vote at a national referendum.

Minister means the Minister responsible for Internal Affairs.

national referendum means the submission to the electors of an amendment of a provision of the Constitution.

2 Writ for a national referendum

Whenever in accordance with Article 86 of the Constitution a national referendum is required, the President acting on the advice of the Council of Ministers is to issue a writ for a national referendum.

3 Form of the writ

(1) A writ for a national referendum is to be in the form set out in Schedule 1.

(2) The writ must specify the day on which the national referendum is to be held.

4 Date for national referendum

(1) The President acting on the advice of the Council of Ministers is by order in writing to determine a day for electors to vote for the purposes of a national referendum.

(2) A national referendum may be held in conjunction with a general election or separately on a day provided in the order.

5 Ballot paper

A ballot-paper must be in the green colour to represent “Yes” and the red colour to represent “No” so that each elector may indicate whether or not he or she supports:

(a) the proposed amendment to the Constitution; or

(b) each proposed amendment to the Constitution if there is more than one proposed amendment to the Constitution.

6 When referendum binding

If a majority of electors validly voting at a national referendum vote the same way on a question stated, the result in relation to that question is binding on the government.

7 Persons eligible to vote

The persons eligible to vote at a national referendum are the persons who would be eligible to vote at a general election under the Representation of the People Act [CAP 146] on the day the referendum is held.

8 Application of the Representation of the People Act [CAP 146]

(1) Subject to this Act, the Representation of the People Act [CAP 146] and the regulations under it, as adapted under subsection (4) apply in respect of a national referendum.

(2) For the purpose of the application of the Representation of the People Act [CAP 146] and the regulations under it to a national referendum, the day on which a national referendum is held is deemed to be the polling day for an election.

(3) The provisions of the Representation of the People Act [CAP 146] referred to in Schedule 2 do not apply in respect of a national referendum.

(4) The Minister may, by order, adapt the Representation of the People Act [CAP 146] and the regulations made under it in such manner as the Principal Electoral Officer considers necessary for the purposes of applying that Act and those regulations in respect of a national referendum.

(5) In addition to the powers under subsection (4), the Minister may make orders for the holding and conduct of a national referendum.

(6) Any Order made under this section must get the prior approval of the Council of Ministers before it can come into effect.

9 Results of referendum

(1) The Principal Electoral Officer must announce the result of a national referendum on radio and print media or television, as soon as practicable after the result is known.

(2) The Principal Electoral Officer must publish in the Gazette the result of a national referendum as soon as practicable after the result is announced.

10 Cost of referendum

The cost of conducting a national referendum is to be paid out of the Public Fund within the meaning of the Public Finance and Economic Management Act No. 6 of 1998.

11 Regulations

The Minister may make regulations:

(a) to amend the Schedules to this Act; or

(b) for any other matters that the Minister considers necessary to give effect to this Act.

12 Commencement

This Act commences on the day on which it is published in the Gazette.

SCHEDULE 1

Republic of Vanuatu

Writ for a national referendum

To the Chairman of the Electoral Commission.

I command you to cause to be held a national referendum to determine whether or not there is support for the following amendment or amendments to the Constitution:

[Set out the text of the proposed amendment

If more than one amendment set out the text of each proposed amendment]

on the following day:

Dated this day of

President of the Republic of Vanuatu

SCHEDULE 2
Provisions of the Representation of the People Act [CAP 146]
not applicable in respect of a national referendum

Part XII

Part XIII (section 29)

Part XV (paragraphs 42(a), (c) and (d))

Section 49

Subsection 50(1)

Paragraphs 52(e) and (f)

Part XVI

Section 67

Subsections 68(2), (3) and (4)

Section 69

Section 70

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