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Referendums in Tasmania

Background

Tasmanians have been asked to vote or have been given the opportunity to indicate an opinion on State matters only three times since statehood: in 1916 on the question of hotel closing hours; in 1968 on the question of the issue of a casino licence for Wrest Point Hotel in Hobart; and in 1981 on the question of dam construction and future power options for the State.

Constitutional Position

Whilst they may occur at local government level, no formal requirement to hold referendums exists in Tasmania. Tasmania's Constitution Act 1934 (94/1934) may be amended by a simple majority of parliamentarians voting in favour of a Bill to enact any changes. The only special vote necessary is for any change to the four-year term of the House of Assembly, which requires the approval of a two-thirds majority of the Assembly members before alteration (Section 41A).

The referendum provisions in the different States and the Commonwealth vary according to their individual constitutional requirements.

Local government elector polls are provided for under Division 2 of the Local Government Act 1993 and may cover any issues within the jurisdiction of the local council, however the results are not binding on the council.

The Referendum Process

In 1993 the Liberal Government announced that to overcome some uncertainty in the method of holding statewide referendums it would bring in legislation that would control them. The Referendum Procedures Act (52/2004) sets out the rules for the conduct of such referendums. These provisions include:

  • Minimum 21 day campaign and maximum of 51-60 days before voting, or in tandem with election writ.
  • Maximum of 2,000 word arguments authorised by a majority of MPs for and against each proposal; these must be brought to the 'notice of voters'.
  • Valid votes must have the words 'Yes' or 'No' for each proposal on the ballot-paper.
  • Conclusive results announced and published by the Chief Electoral Officer.
  • House of Assembly electoral rolls to be used to record voters.
  • Voting is compulsory.

Liquor Referendum 1916

Polling Day: 25 March 1916.
Subject: Hotel Closing Hours (Options: 6, 7, 8, 9, 10 or 11 p.m.).
Summary: 42,713 or 58.7% for 6 p.m.
Option Bass Darwin# Denison Franklin Wilmot# Total
6 p.m. 8,713 7,425 10,309 8,627 7,639 42,713
7 p.m. 54 63 77 153 80 427
8 p.m. 186 217 165 356 169 1,093
9 p.m. 379 384 246 558 304 1,871
10 p.m. 5,923 4,966 5,817 5,099 4,348 26,153
11 p.m. 137 94 103 163 63 560
Total Valid Vote 15,392 13,149 16,717 14,956 12,603 72,817
Informal Vote 1,040 1,202 1,285 1,445 1,132 6,104
Grand Total 6,432 14,351 18,002 16,401 13,735 78,921
Turnout: 73.53%(before compulsory voting in 1928).
Source: Parliamentary Paper No 33/1916-1917.
  # Darwin became Braddon in 1954; Wilmot became Lyons in 1984.

Casino Referendum 1968

Polling Day: Saturday 14 December 1968.
Subject: Casino Licence for Wrest Point Hotel, Hobart.
Summary: Yes: 96,839 (53%); No: 85,862 (47%)
Seat Enrolled Total Valid Vote Yes Yes % No No %
Bass 40,472 34,989 16,622 47.51 18,367 52.49
Braddon 42,420 37,189 18,453 49.62 18,736 50.38
Denison 43,529 38,814 22,407 57.73 16,407 42.27
Franklin 38,248 34,838 20,856 59.87 13,982 40.13
Wilmot* 41,475 36,871 18,501 50.18 18,370 49.82
State Total 206,144 182,701 96,839 53.00 85,862 47.00
Turnout: 92.67%.
Informal: 8,339.
Source: Parliamentary Paper No 3/1970.
  * Wilmot became Lyons in 1984.

Power Referendum 1981

Polling Day: Saturday 12 December 1981.
Subject: Construction of a hydro-electricity dam.
Summary: See separate table at end.
Gordon River above its junction with Olga River: 20,184
Gordon River below its junction with Franklin River: 119,875
Informal Votes (Ballot Papers containing 'No Dams' etc): 114,060

The very high number of informal votes is striking and was largely the result of a strong conservationist campaign against any dam at all. The Electoral Office originally ignored 23,839 votes with 'No Dams' on them but further legal opinion recommended that they be recounted. The results are presented below, but note that they had no impact on the State Government and it was an Australian High Court ruling in 1983 that halted the construction of the dam.

Table One: Informal vote not included.

Seat Enrolled Gordon above Olga Gordon below Franklin
Bass 55,584 4,392 (16.58%) 22,095 (83.42%)
Braddon 53,938 4,175 (13.73%) 26,241 (86.27%)
Denison 54,887 3,515 (14.14%) 21,335 (85.86%)
Franklin 56,568 3,820 (13.76%) 23,934 (86.24%)
Wilmot* 55,189 4,282 (14.02%) 26,270 (85.98%)
State Total 276,166 20,184 119,875

Table Two: Including 23,839 papers classified as informal ('No Dams' etc).

Seat Enrolled Gordon above Olga Gordon below Franklin
Bass 55,584 5,261 (17.17%) 25,379 (82.83%)
Braddon 53,938 5,057 (14.37%) 30,131 (85.63%)
Denison 54,887 4,364 (14.96%) 24,800 (85.04%)
Franklin 56,568 4,952 (14.91%) 28,271 (85.09%)
Wilmot* 55,189 5,210 (14.60%) 30,473 (85.40%)
State Total 276,166 24,844 139,054

* Wilmot became Lyons in 1984.

These first two tables may appear complicated but they become more so when every paper bearing the words 'No Dams' is considered. The Electoral Office sought to clarify matters by issuing the following:

Summary of Voting:

Particulars of Count Number of Votes Percentage
Total Vote 254,119 100.00
First Option Gordon above Olga 20,184 7.94
Gordon below Franklin 119,875 47.17
Informal Vote (including 23,839 disallowed) 114,060 44.89
Second Option Gordon above Olga 24,844 9.78
Gordon below Franklin 139,054 54.72
Informal Vote 90,221 35.50
NB: Total Ballot Papers endorsed 'No Dams' from all sources 84,514 33.25
Turnout: 92.01%.
Source: Parliamentary Paper No 63/1982.

 

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Last Update: 5 August 2002