CERTAIN clauses in the National Referendum Bill 2025 have been described as open-ended and potentially open to broad interpretation and misuse.
This concern was raised by National Federation Party general secretary Kamal Iyer, who highlighted Clause 25 while making submissions to the Standing Committee on Justice, Law and Human Rights.
Clause 25 states that an assembly of five or more people may be deemed unlawful if their actions are considered to cause “intimidation, alarm or annoyance” to any voter on polling day.
Opposing the Bill in its current form, Mr Iyer questioned how such determinations would be made and who would ultimately decide whether a group’s presence constitutes a disruption.
“I mean, how can it be construed that five people who are wandering around a polling venue will cause an obstruction?” he said.
“Or are there for purposes to disrupt voting? Who determines that?”
He also raised concerns about the potential for enforcement to rely on subjective judgment, particularly by law enforcement officers.
“The clause states that if it is seen that these people may become untoward towards those lined up, they can be arrested.”
He argued that ordinary behaviour, such as people gathering casually or passing through an area, could be misinterpreted under the provision.
“I mean, people would be there for just hanging out. They are just peacefully sitting down or walking past.”
Mr Iyer further questioned how the restrictions would apply to individuals living near polling venues, noting that some residents may reside within close proximity to such locations.
“What if you happen to stay next to a polling venue?”
