On 1 December 2022, the House of Representatives referred the Referendum (Machinery Provisions) Amendment Bill 2022 to the Committee for inquiry and report by 10 February 2023.

The bill consists of eight schedules amending the Referendum Act.

The bill also includes a clause for the temporary disapplication of Section 11 of the Referendum Act until the commencement of the next general election. Section 11 includes requirements relating to the distribution of the pamphlet containing arguments for and against a referendum proposal to households, sometimes referred to as the Yes/No Pamphlet, and provisions which restrict Commonwealth funding for providing information about a referendum proposal.

Key recommendations:

1. The Committee recommends that the Australian Government strengthen the opportunities for enfranchisement and participation in the referendum, including considering possible amendments to the Referendum (Machinery Provisions) Amendment Bill 2022, to allow the Australian Electoral Commission to support increased enrolment and participation, particularly of Aboriginal and Torres Strait Islander people, including in remote communities.
2. The Committee recommends that the Australian Government ensure appropriate structures and mechanisms are put in place, including considering possible amendments to the Referendum (Machinery Provisions) Amendment Bill 2022, to ensure:

• clear, factual and impartial information is made accessible to all voters as part of the referendum process; and
• clear, factual and impartial information is provided in appropriate formats for Aboriginal and Torres Strait Islander voters, and people from culturally and linguistically diverse backgrounds.

Subject to recommendations 1 and 2, the Committee recommends that the Referendum (Machinery Provisions) Amendment Bill 2022 be passed.