Is there any legal reason why we could not hold the plebiscite on gay marriage at the same time as the election?

Great question! Generally speaking, no there is not.

The Australian Electoral Commission (AEC) is in charge of running plebiscites in Australia. According to the AEC, a plebiscite is an issue put to a vote which does not affect the Australian Constitution. A plebiscite is not defined in the Constitution, the Electoral Act or the Referendum Act. No specific rules exist about the running of a plebiscite.

A photo of 3 people voting at a row of purple and white voting booths, with their backs to the camera.

People voting in a federal election

Australian Electoral Commission

People voting in a federal election

A photo of 3 people voting at a row of purple and white voting booths, with their backs to the camera.

Australian Electoral Commission

Description

A row of 6 large, purple and white cardboard voting booths. There are 3 people standing at the booths with their backs to the camera. They are looking down and filling in their ballot papers. Each booth is screened off from the neighbouring booths so that voters cannot see each others ballot paper.