CONSTITUTION (REFORM) BILL 1999

Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

CONSTITUTION (REFORM) BILL 1999

PARLIAMENT OF VICTORIA Constitution (Reform) Act 1999 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose 2 2. Commencement 2 PART 2--AMENDMENT OF THE CONSTITUTION ACT 1975 4 3. Term of Houses to be 4 year fixed period 4 4. Legislative Council 5 5. Section 28 substituted--Casual vacancies in the Council 5 28. Casual vacancies 5 6. Duration of the Council 7 Subdivision (1A)--Duration of the Council 7 30A. Duration of Council 7 7. Assembly 7 8. Appropriation Bills 7 62. Appropriation Bills 7 9. Annual Appropriation Bills 8 65. Annual Appropriation Bills 8 10. Repeal of provisions relating to Bills of special importance 9 PART 3--AMENDMENT OF THE CONSTITUTION ACT AMENDMENT ACT 1958 10 11. Amendment of sections 3 and 37 10 12. Amendment of sections 148P, 149 and 153 10 13. Amendment of section 154A 11 14. Section 155 repealed 11 15. Amendment of section 159 11 16. New section 159AA inserted 12 159AA. Grouping of candidates 12 17. Amendment of sections 159B and 159C 12 18. Amendment of section 164 14 19. Assembly ballot-papers 14 20. Amendment of section 165A 14 21. New sections 165AA, 165AB and 165AC inserted 15 i 541007B.I1-26/11/99

Clause Page 165AA. Printing of Council ballot-papers 15 165AB. Group voting tickets 16 165AC. Individual voting tickets 18 22. Amendment of sections 165B and 165C 21 23. New section 165D inserted 22 165D. Group voting tickets to be displayed 22 24. Amendment of section 173 22 25. Amendment of section 187A 23 26. Amendment of section 190 23 27. Voting for the Assembly and Council by-elections 23 28. Proportional representation 24 Division 13A--Voting for the Council 24 208C. Application and operation of Division 24 208D. How vote to be recorded 24 208E. Marking of votes 24 208F. Formal votes according to group voting ticket 26 208G. Certain votes with non-consecutive numbers to be formal 27 208H. Council ballot-papers deemed to be marked according to group voting tickets 28 208I. Quotas etc. 30 208J. Informal ballot-papers 38 Division 13B--Council and Assembly Elections 39 29. Amendment of The Constitution Act Amendment Act 1958 39 30. New Tenth Schedule inserted 40 TENTH SCHEDULE--Form of ballot-paper 40 PART 4--AMENDMENT OF OTHER ACTS 42 31. Amendment of the Electoral Boundaries Commission Act 1982 42 32. Amendment of the Parliamentary Committees Act 1968 42 33. Amendment of the Parliamentary Salaries and Superannuation Act 1968 43 NOTES 44 ii 541007B.I1-26/11/99

PARLIAMENT OF VICTORIA Initiated in Assembly 24 November 1999 A BILL to reform the Constitution Act 1975 by making provision for the constitution, duration and powers of the Houses of the Parliament and for the election of members of the Legislative Council using proportional representation, to amend the Constitution Act 1975, The Constitution Act Amendment Act 1958, the Electoral Boundaries Commission Act 1982, the Parliamentary Committees Act 1968 and the Parliamentary Salaries and Superannuation Act 1968 and for other purposes. Constitution (Reform) Act 1999 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 1 Act No. 1. Purpose The purpose of this Act is to reform the Constitution Act 1975 by providing for-- (a) the election of members of the Legislative 5 Council by using a proportional representation system; (b) a reduction in the number of members of the Legislative Assembly from 88 to 85; (c) a reduction in the number of members of the 10 Legislative Council from 44 to 35; (d) the filling of casual vacancies in the Legislative Council consistent with the intention of the electorate; (e) fixed 4 year terms for both the Legislative 15 Assembly and the Legislative Council; (f) the passage of the Annual Appropriation Bill by the Legislative Assembly only. 2. Commencement (1) This section and sections 1 and 31(1) come into 20 operation on the day on which this Act receives the Royal Assent. (2) Sections 4 to 10, 32 and 33 and Part 3 come into operation on the day of the dissolution or other lawful determination of the Legislative Assembly 25 next occurring after the day on which this Act receives the Royal Assent. (3) Section 3 comes into operation on the coming into existence of the Legislative Assembly first elected after this Act receives the Royal Assent. 2 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 2 Act No. (4) Section 31(2) to (4) comes into operation on the coming into existence of the Legislative Council first elected after this Act receives the Royal Assent. 5 _______________ 3 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 3 Act No. PART 2--AMENDMENT OF THE CONSTITUTION ACT 1975 3. Term of Houses to be 4 year fixed period (1) Sections 2(4), 2(5), 4(1) and 4(2) of the Constitution Act 1975 are repealed. 5 (2) In section 5 of the Constitution Act 1975-- (a) in the definition of "general election" after "members of the" insert "Council and"; (b) the definition of "periodical election" is repealed. 10 (3) For sections 8(3) to 8(6) of the Constitution Act 1975 substitute-- "(3) On and from the coming into existence of the Assembly first elected after the enactment of the Constitution (Reform) Act 1999, the 15 Governor may not dissolve the Assembly unless the Assembly has passed a resolution expressing a lack of confidence in the Premier and the other Ministers of State for the State of Victoria.". 20 (4) In section 24(5) of the Constitution Act 1975-- (a) for "either House" substitute "the Assembly"; and (b) for "that House" (where first occurring) substitute "a House". 25 (5) In section 24(6) of the Constitution Act 1975-- (a) for "either House" substitute "the Assembly"; and (b) for "that House" (where first occurring) substitute "a House". 30 (6) In section 38(2) of the Constitution Act 1975 omit "its first meeting after". 4 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 4 Act No. 4. Legislative Council (1) In section 26 of the Constitution Act 1975, for "44 members" substitute "35 members". (2) For sections 27(1) and 27(1A) of the Constitution 5 Act 1975 substitute-- "(1) Victoria is to be divided into 5 provinces each of which is to return 7 members to the Council. (1A) Each province is to consist of 17 complete 10 and contiguous districts.". 5. Section 28 substituted--Casual vacancies in the Council For section 28 of the Constitution Act 1975 substitute-- 15 "28. Casual vacancies (1) If a person ceases to be a member of the Council otherwise than by reason of the dissolution of the Assembly, the vacancy must be filled-- 20 (a) if the person who ceases to be a member was elected as a member of a registered political party, the vacancy is to be filled by a person who is eligible to be a member of the Council and who 25 is nominated by the registered officer of that party; (b) if the person who ceases to be a member was not so elected, the Electoral Commissioner must conduct a 30 recount of the ballot-papers in that election in accordance with section 208I of The Constitution Act Amendment Act 1958 as if the names of candidates appearing on the ballot- 5 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 5 Act No. papers did not include the name of that person and the vacancy is to be filled by the person who would have been elected on that basis if he or she is 5 willing and eligible to be a member; (c) if, on a recount under paragraph (b), the vacancy is not filled, a further recount, or further recounts, must be conducted in accordance with that paragraph as if 10 the names of candidates did not include-- (i) the name of the person who ceased to be a member; or (ii) a person by whom the vacancy 15 would have been filled under that paragraph if the person had been willing and eligible to fill the vacancy-- until the vacancy is filled in accordance 20 with that paragraph, or cannot be so filled; (d) if the vacancy is not filled under paragraph (a), (b) or (c), a Council by- election must be held to fill the 25 vacancy. (2) For the purposes of sub-section (1), a statement in writing signed by the registered officer of a registered political party stating that a person has been nominated by the 30 registered officer of that party is conclusive evidence that the person has been so nominated.". 6 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 6 Act No. 6. Duration of the Council After section 30 of the Constitution Act 1975 insert-- "Subdivision (1A)--Duration of the Council 5 30A. Duration of Council (1) The Council which is in existence immediately before the commencement of section 6 of the Constitution (Reform) Act 1999 ceases to exist on that commencement. 10 (2) The Council (other than the Council to which sub-section (1) applies) shall exist and continue after a general election until the dissolution or other lawful determination of the Assembly.". 15 7. Assembly (1) In section 34 of the Constitution Act 1975 before "members" insert "85". (2) In section 35(1) of the Constitution Act 1975 for "88 districts" substitute "85 districts". 20 8. Appropriation Bills For section 62 of the Constitution Act 1975 substitute-- "62. Appropriation Bills (1) A Bill for appropriating any part of the 25 Consolidated Fund or for imposing any duty, rate, tax, rent, return or impost must originate in the Assembly. (2) Subject to section 65, a Bill for appropriating any part of the Consolidated Fund or for 30 imposing any duty, rate, tax, rent, return or impost may be rejected but not altered by the Council.". 7 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 9 Act No. 9. Annual Appropriation Bills For section 65 of the Constitution Act 1975 substitute-- '65. Annual Appropriation Bills 5 (1) In this section "Annual Appropriation Bill" means a Bill which deals only with the annual appropriation of the Consolidated Fund for the ordinary annual services of the Government for a particular year but does 10 not include a Bill to appropriate money for or relating to the Parliament. (2) For the purposes of sub-section (1), "ordinary annual services" includes-- (a) the construction or acquisition of public 15 works, land or buildings; and (b) the construction or acquisition of plant or equipment which normally would be regarded as involving an expenditure of capital; and 20 (c) services proposed to be provided by the Government which have not formerly been provided by the Government. (3) An Annual Appropriation Bill must deal only with appropriation. 25 (4) The words of enactment for an Annual Appropriation Bill are to be "Her Majesty and the Legislative Assembly in accordance with section 65 of the Constitution Act 1975 enact as follows:". 30 (5) After the second reading of the Annual Appropriation Bill has been moved, there must be tabled in the Assembly a certificate 8 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 10 Act No. signed by the Auditor-General stating that the Bill is the Annual Appropriation Bill. (6) If an Annual Appropriation Bill has been passed by the Assembly, the Annual 5 Appropriation Bill must be presented to the Governor for Her Majesty's Assent and becomes an Act of the Parliament on the Royal Assent being signified. (7) There is to be endorsed on the Annual 10 Appropriation Bill when it is presented to the Governor for Her Majesty's Assent the certificate of the Speaker signed by the Speaker that the Bill is a Bill to which this section applies and has been passed in 15 accordance with this section. (8) The certificate of the Speaker under this section is conclusive evidence for all purposes and cannot be questioned in any court.'. 20 10. Repeal of provisions relating to Bills of special importance Sections 66, 67 and 68(5) of the Constitution Act 1975 are repealed. _______________ 25 9 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 11 Act No. PART 3--AMENDMENT OF THE CONSTITUTION ACT AMENDMENT ACT 1958 11. Amendment of sections 3 and 37 (1) In section 3(1) of The Constitution Act 5 Amendment Act 1958-- (a) in the definition of "general election" after "members of the" insert "Council and"; (b) omit the definition of "periodical election"; (c) omit the definition of "simultaneous 10 election". (2) In section 37(1) of The Constitution Act Amendment Act 1958, in the definition of "election" for "or" substitute "and". 12. Amendment of sections 148P, 149 and 153 15 (1) In section 148P(2) of The Constitution Act Amendment Act 1958 for "periodical election of members of the Council or general election of members of the Assembly whichever next first occurs" substitute "next general election". 20 (2) For sections 149(1) and 149(2) of The Constitution Act Amendment Act 1958 substitute-- "(1) Writs for a general election of members of the Council and the Assembly must be 25 issued by the Governor within 7 days after the expiration or dissolution of the Assembly.". (3) For section 153(2) of The Constitution Act Amendment Act 1958 substitute-- 30 "(2) In the case of a general election, the Governor must appoint the same day of nomination and the same day of polling for 10 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 13 Act No. the election of members of the Assembly and members of the Council.". 13. Amendment of section 154A In section 154A of The Constitution Act 5 Amendment Act 1958-- (a) in sub-section (1) for "10 days" substitute "8 days"; (b) in sub-section (3) for "15 days" substitute "24 days". 10 14. Section 155 repealed Section 155 of The Constitution Act Amendment Act 1958 is repealed. 15. Amendment of section 159 (1) In section 159(1) of The Constitution Act 15 Amendment Act 1958-- (a) in paragraphs (a) and (b) after "candidate" (wherever occurring) insert "or each candidate"; (b) in paragraph (c) omit "for election to the 20 Assembly or the sum of $700 in respect of a candidate for election to the Council". (2) For section 159(1C) of The Constitution Act Amendment Act 1958 substitute-- "(1C) A nomination must include a statement of 25 the form in which the candidate's name is, or candidate's names are, as the case may be, to be printed on the ballot-papers for the election. (1D) If-- 30 (a) persons to be nominated as candidates in a Council election wish to have their names grouped in the ballot-papers; and 11 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 16 Act No. (b) those persons have been endorsed for that election by different registered political parties-- the nominations of the candidates may be 5 combined in such manner as the Electoral Commissioner approves.". 16. New section 159AA inserted After section 159 of The Constitution Act Amendment Act 1958 insert-- 10 "159AA. Grouping of candidates (1) Two or more candidates for election to the Council may make a joint request that-- (a) their names be grouped in the ballot- papers; or 15 (b) their names be grouped in the ballot- papers in a specified order. (2) A request under sub-section (1) must be in writing, signed by the candidates, and must be delivered with the nomination or 20 nominations of the candidates to the Electoral Commissioner before noon of the day before the day of nomination. (3) A candidate's name may not be included in more than one group.". 25 17. Amendment of sections 159B and 159C (1) For sections 159B(2) and 159B(3) of The Constitution Act Amendment Act 1958 substitute-- '(2) Sub-section (1) does not apply in relation to 30 a candidate in a Council election unless-- (a) the request is accompanied by a request under section 159AA by a group of 12 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 17 Act No. candidates that includes the first- mentioned candidate; or (b) the request is accompanied by a notice by the candidate under section 5 165AC(4). (3) A request under sub-section (1) must be in writing, signed by the person making the request, and must be delivered to the Electoral Commissioner before noon on the 10 day before the day of nomination. (4) If-- (a) a request has been made under sub- section (1) in respect of candidates in a Council election; and 15 (b) the candidates propose to have a group voting ticket registered for the purposes of that election-- the request may include a further request that the name of the registered political party that 20 endorsed the candidates, or a composite name formed from the registered names of the registered political parties that endorsed the candidates, be printed on the ballot- papers adjacent to the square printed in 25 relation to the group in accordance with section 165AB(5). (5) In this section, "registered abbreviation or initials", in relation to the name of a registered political party, means the 30 abbreviation or initials (if any) of the name of the party entered in the Register of Political Parties.'. (2) In section 159C(1)(b) of The Constitution Act Amendment Act 1958 for "the close of 13 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 18 20 Act No. nominations for the election" substitute "noon of the day before the day of nomination". 18. Amendment of section 164 (1) In section 164(5) of The Constitution Act 5 Amendment Act 1958-- (a) after "any candidate" insert "for an Assembly election or Council by-election for the purposes of section 28 of the Constitution Act 1975"; 10 (b) before "polling day" insert "end of the". (2) After section 164(5) of The Constitution Act Amendment Act 1958 insert-- "(5AA) If any candidate for a Council election, other than a Council by-election for the purposes 15 of section 28 of the Constitution Act 1975, dies after noon on the day of nomination and before the end of polling day, the returning officer shall forthwith return the money paid by or on behalf of the deceased candidate to 20 his or her personal representative.". 19. Assembly ballot-papers (1) In section 165(1) of The Constitution Act Amendment Act 1958 for "any" substitute "an Assembly". 25 (2) In section 165(2) of The Constitution Act Amendment Act 1958 after "ballot-papers" insert "to be used in an Assembly election". (3) After section 165(2)(a) of The Constitution Act Amendment Act 1958 insert-- 30 "(aa) section 165AA applies in the case of ballot- papers to be used in a Council election; and". 20. Amendment of section 165A 14 541007B.I1-26/11/99

Constitution (Reform) Act 1999 Act No. In section 165A of The Constitution Act Amendment Act 1958 after "candidates" (where twice occurring) substitute "or groups of candidates". 5 21. New sections 165AA, 165AB and 165AC inserted After section 165A of The Constitution Act Amendment Act 1958 insert-- "165AA. Printing of Council ballot-papers (1) Forthwith after a poll stands appointed for a 10 Council election, the returning officer must cause-- (a) ballot-papers to be printed with the names of all the candidates at such election and of no other person, in the 15 form of the Tenth Schedule; (b) postal ballot-papers to be printed with the names of all candidates at such election and of no other persons in the form provided by section 225(6). 20 (2) The directions in the Tenth Schedule shall be of the same force as if they had been provisions contained in this Act. (3) In printing the ballot-papers to be used in a Council election-- 25 (a) the names of candidates by whom requests have been made under section 159AA must be printed in groups on the ballot-papers in accordance with the requests and before the names of 30 candidates who have not made such requests; and (b) the order of the several groups in the ballot-papers must be determined by 15 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 21 Act No. the Electoral Commissioner in accordance with section 165A; and (c) the order of the names of the candidates whose names are not included in any 5 group must be determined by the Electoral Commissioner in accordance with section 165A. (4) Sub-section (3) applies if a candidate in a Council election has given notice of 10 intention to lodge a statement under section 165AC, and the Electoral Commissioner must make the determinations required by that sub-section, as if the candidate were a group of candidates who had made a request 15 under section 159AA. 165AB. Group voting tickets (1) If the names of candidates nominated in a Council election are included in a group in accordance with a request under section 20 159AA, the candidates may, after the determinations in relation to the election required by section 165AA have been made and before noon on the second day after the day of nomination, lodge with the Electoral 25 Commissioner a written statement that they wish voters in the election to indicate their preferences in relation to all the candidates in the election in an order specified in the statement, being an order that gives 30 preferences to the candidates lodging the statement before any other candidate. (2) Candidates who are nominated for election to the Council and can lodge a statement referred to in sub-section (1), may, instead of 35 lodging that statement, lodge a written statement stating that they wish voters in the 16 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 21 Act No. election to indicate their preferences in relation to all the candidates in the election in either of two orders specified in the statement, being orders that-- 5 (a) give preferences to the candidates lodging the statement before any other candidate; or (b) give preferences to the candidates lodging the statement in the same order. 10 (3) Without limiting the generality of sub- section (1) or (2), a statement for the purposes of either of those sub-sections may specify an order of preferences by setting out the names of all the candidates in the 15 election in the groups, and in the order, in which they would be set out in a ballot-paper with squares opposite to each name and with a number in each square showing that order of preferences. 20 (4) If a group of candidates in a Council election lodges a statement in accordance with sub- section (1) or (2) in relation to the election, that group of candidates must be taken to have a group voting ticket or two group 25 voting tickets, as the case requires, registered for the purposes of the election, being the order of preferences, or the orders of preferences, given in that statement, as the case may be. 30 (5) If a group of candidates in a Council election has a group voting ticket or two group voting tickets registered for the purposes of that election, a square must be printed on the ballot-papers for use in the election above 35 the names of those candidates. 17 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 21 Act No. (6) A statement under sub-section (1) or (2) may be signed-- (a) if all the members of the group have been endorsed by the same registered 5 political party, by the registered officer of the party; (b) if the members of the group have been endorsed by different registered political parties, by the registered 10 officers of all those parties; (c) in a case to which neither paragraph (a) nor paragraph (b) applies, by the candidate whose name first appears in the group on the ballot-paper; or 15 (d) in any case, by a person authorised by all the members of the group, by written instrument given to the Electoral Commissioner with the nomination or nominations of members 20 of the group, to sign such a statement on behalf of the group. (7) A group that lodges a statement under sub- section (2) must indicate in the statement the order in which the voting tickets of the group 25 are to be displayed for the purposes of section 165D(1). 165AC. Individual voting tickets (1) If a candidate in a Council election is a member of the Council and has not joined in 30 a request under section 159AA in relation to the election, the candidate may lodge with the Electoral Commissioner a written statement that the candidate wishes voters in the election to indicate their preferences in 35 relation to all the candidates in the election 18 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 21 Act No. in an order specified in the statement, being an order that gives preference to the candidate lodging the statement before any other candidate. 5 (2) A candidate who is entitled to lodge a statement under sub-section (1) may, instead of lodging that statement, lodge a written statement that the candidate wishes voters in the election to indicate their preferences in 10 relation to all the candidates in the election in either of two orders specified in the statement, being orders that give preference to the candidate lodging the statement before any other candidate. 15 (3) A statement under sub-section (1) or (2) must be-- (a) signed by the candidate; and (b) lodged with the Electoral Commissioner after the determinations 20 in relation to the election required by section 165AA have been made and before noon on the second day after the day of nomination. (4) A candidate is not entitled to lodge a 25 statement under sub-section (1) or (2) unless there was lodged with the nomination of the candidate a written notice by the candidate that the candidate proposed to lodge a statement under this section. 30 (5) If a candidate in a Council election has lodged a statement under sub-section (1) or (2), a square must be printed on the ballot- papers for use in the election above the name of the candidate. 35 (6) If-- 19 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 21 Act No. (a) a candidate has lodged a statement under sub-section (1) or (2); and (b) section 165C(1) requires that the name of a registered political party be printed 5 adjacent to the name of the candidate on the ballot-papers-- the name of that party must also be printed on the ballot-papers adjacent to the square printed on the ballot-papers in relation to that 10 candidate in accordance with sub-section (5). (7) Without limiting the generality of sub- section (1) or (2), a statement for the purposes of either of those sub-sections may specify an order of preferences by setting out 15 the names of all the candidates in the election in the groups, and in the order, in which they would be set out in a ballot-paper with squares opposite to each name and with a number in each square showing that order 20 of preferences. (8) If a candidate has lodged a statement under sub-section (1) or (2), section 165D applies as if-- (a) the candidate were a group that had a 25 group voting ticket or two group voting tickets, as the case requires, registered for the purposes of the election, being the order of preferences, or the orders of preferences, given in that statement, 30 as the case may be; and (b) the statement had been lodged under section 165AB. (9) A candidate who lodges a statement under sub-section (2) must indicate in the statement 35 the order in which the voting tickets of the 20 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 22 Act No. candidate are to be displayed for the purposes of section 165D(1).". 22. Amendment of sections 165B and 165C (1) After section 165B(4) of The Constitution Act 5 Amendment Act 1958 insert-- "(5) The names of registered political parties, or abbreviations of such names, printed adjacent to squares printed in accordance with section 165AB(5), on ballot-papers for 10 use in an election must be printed in capital letters in type that is uniform in size and style for all names and abbreviations so printed.". (2) At the end of section 165C of The Constitution 15 Act Amendment Act 1958 insert-- "(2) If-- (a) two or more persons have been endorsed as candidates in a Council election by a registered political party; 20 and (b) a request has been made in respect of the candidates under section 159AA-- the requirements specified in sub-section (3) must be observed in the printing of the 25 ballot-papers for use in the election. (3) The requirements are-- (a) the registered name of the party by which each candidate was endorsed must be printed adjacent to the name of 30 that candidate on the ballot-papers; (b) if all the candidates were endorsed by the same party and a square is printed, in accordance with section 165AB(5), on the ballot-papers in relation to the 21 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 23 Act No. candidates, the registered name of that party must be printed on the ballot- papers adjacent to that square; (c) if the request under section 159B 5 included a request that a composite name be printed adjacent to the square printed, in accordance with section 165AB(5), on the ballot-papers in relation to the candidates, that 10 composite name must be printed on the ballot-papers adjacent to that square.". 23. New section 165D inserted Before section 166 of The Constitution Act Amendment Act 1958 insert-- 15 "165D. Group voting tickets to be displayed (1) If a group voting ticket is, or group voting tickets are, registered for the purposes of a Council election, the Electoral Commissioner must cause the ticket or the 20 tickets to be prominently displayed in a manner determined by the Electoral Commissioner at each polling place. (2) If a group has two group voting tickets, the tickets relating to that group must be 25 displayed in the order indicated in the statement lodged by the group under section 165AB(2).". 24. Amendment of section 173 In section 173 of The Constitution Act 30 Amendment Act 1958-- (a) in sub-section (1)(b) after "208" (where twice occurring) insert "or 208I"; (b) after sub-section (1) insert-- 22 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 25 Act No. "(1A) For the purposes of section 208I a scrutineer must have access to-- (a) a record of the preferences on the ballot-papers that have been received 5 by the returning officer and whose details have been stored in the computer (including informal ballot- papers, and formal ballot-papers that are not sequentially numbered); and 10 (b) a record of the ballot-papers that are notionally transferred, or exhausted, at each count; and (c) a record of the progress of the count of the votes, at each count.". 15 25. Amendment of section 187A In section 187A(1) of The Constitution Act Amendment Act 1958, for "simultaneous" substitute "general". 26. Amendment of section 190 20 In section 190(3) of The Constitution Act Amendment Act 1958 after "13" insert "and 13A". 27. Voting for the Assembly and Council by-elections (1) For the heading to Division 13 of Part V of The 25 Constitution Act Amendment Act 1958 substitute-- "Division 13--Voting for the Assembly and Council by-elections". (2) In section 202 of The Constitution Act 30 Amendment Act 1958, for "for the Council or for the Assembly" substitute "for the Assembly and to Council by-elections held for the purposes of section 28 of the Constitution Act 1975"; 23 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. 28. Proportional representation Before section 209 of The Constitution Act Amendment Act 1958 insert-- 'Division 13A--Voting for the Council 5 208C. Application and operation of Division (1) This Division applies to all elections for the Council except for Council by-elections held for the purpose of section 28 of the Constitution Act 1975. 10 (2) Section 208(1)(a), (b), (c) and (d) applies to an election for the Council as if a reference in those paragraphs to a district were a reference to a province. 208D. How vote to be recorded 15 A person to whom a ballot-paper has been delivered must-- (a) forthwith retire alone to some unoccupied compartment of the polling booth; and 20 (b) there in private and without delay mark his or her vote on the ballot-paper in the manner required by this Division; and (c) forthwith fold up the ballot-paper in 25 such manner as will conceal the vote; and (d) subject to sections 185A, 186 and 187 deposit it in the ballot-box; and (e) quit the polling booth. 30 208E. Marking of votes 24 541007B.I1-26/11/99

Constitution (Reform) Act 1999 Act No. (1) Subject to sub-section (2), a voter must mark his or her vote on the ballot-paper as follows-- (a) if the ballot-paper is a ballot-paper in 5 accordance with the Tenth Schedule, he or she must-- (i) place the figure 1 in the square opposite the name of the candidate for whom he or she votes as his or 10 her first preference; and (ii) place the figures 2, 3, 4 (and so on, as the case requires) in the squares opposite the names of all the remaining candidates so as to 15 indicate the order of his or her preference for them; (b) if he or she votes by post under the provisions of Division 15, in the manner prescribed by the regulations 20 relating to voting by post. (2) A voter may mark his or her vote on the ballot-paper by placing the figure 1 in a square (if any) printed in accordance with section 165AB(5) or 165AC(5). 25 (3) For the purposes of this Act, if a voter has placed a tick or a cross in a square printed on a ballot-paper in accordance with section 165AB(5) or 165AC(5), he or she is deemed to have placed the figure 1 in that square. 30 (4) If a candidate dies after noon on the day of nomination and before the end of the polling day, and the number of candidates remaining is greater than the number of candidates to be elected, a ballot-paper is not informal by 35 reason only of-- 25 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. (a) the inclusion on the ballot-paper of the name of the deceased candidate; or (b) the marking of any consecutive figure opposite that name; or 5 (c) the omission to place any figure opposite that name, or of any resultant failure to indicate in consecutive order the voter's preferences. 208F. Formal votes according to group voting 10 ticket (1) A ballot-paper is not informal by virtue of section 208J(1)(b) if the voter has marked his or her vote on the ballot-paper in accordance with section 208E. 15 (2) If a ballot-paper in a Council election-- (a) has been marked in accordance with section 208E(2); and (b) has been marked in accordance with section 208E(1)(a) so that, if it were not 20 marked in accordance with section 208E(2), it would not be informal by virtue of section 208J(1)(b)-- the ballot-paper is, for the purposes of sections 208H and 208I, deemed not to have 25 been marked in accordance with section 208E(2). (3) For the purposes of this section and sections 208H and 208I, a voter must not be taken to have marked his or her vote in accordance 30 with section 208E(2) if he or she has placed a preference mark in two or more of the squares printed on the ballot-paper in accordance with section 165AB(5) or 165AC(5). 26 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. (4) In this section, "preference mark" means a tick, a cross or the figure 1. 208G. Certain votes with non-consecutive numbers to be formal 5 (1) If a ballot-paper in a Council election-- (a) has the figure 1 in the square opposite to the name of a candidate and does not have that figure in the square opposite to the name of another candidate; and 10 (b) has-- (i) in a case where there are more than 9 candidates in the election, in not less than 90% of the squares opposite the names of the 15 candidates, figures in a sequence of consecutive numbers commencing with the figure 1 or figures that with a change to no more than 1 of them would be in 20 such a sequence; or (ii) in any other case, in all the squares opposite the names of candidates or in all those squares except one square that is left 25 blank, numbers in a sequence of consecutive numbers commencing with the figure 1 or figures that with a change to no more than 1 of them would be in such a 30 sequence; and (c) but for this sub-section, would be informal by virtue of section 208J(1)(b)-- then-- 27 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. (d) the ballot-paper is not informal by virtue of that paragraph; and (e) the figure 1 is to be taken to express the voter's first preference; and 5 (f) if the figures in squares opposite the names of candidates are in a sequence of consecutive numbers commencing with the figure 1, the voter is to be taken to have expressed a preference by 10 the other figure, or to have expressed preferences by the other figures, in that sequence; and (g) the voter is not to be taken to have expressed any other preference. 15 (2) In considering, for the purposes of sub- section (1), whether numbers are in a sequence of consecutive numbers, any number that is repeated is to be disregarded. 208H. Council ballot-papers deemed to be marked 20 according to group voting tickets (1) For the purposes of section 208I, if-- (a) a ballot-paper in a Council election has been marked in accordance with section 208E(2) by a mark having been placed 25 in a square printed above the names of candidates in a group; and (b) the candidates in that group have only one group voting ticket registered for the purposes of that election-- 30 that ballot-paper is to be deemed to have been marked in accordance with that ticket. (2) For the purposes of section 208I, where-- 28 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. (a) a ballot-paper has, or ballot-papers have, been marked in accordance with section 208E(2) by a mark having been placed in a square printed above the 5 names of candidates in a group; and (b) the candidates in that group have two group voting tickets registered for the purposes of that election-- then-- 10 (c) if the number of ballot-papers is an even number, half of the ballot-papers are to be taken to have been marked in accordance with one of the tickets and the other half in accordance with the 15 other ticket; or (d) if the number of ballot-papers is not an even number-- (i) one of the ballot-papers is to be deemed to have been marked in 20 accordance with whichever of the two tickets is drawn by lot in a manner determined by the returning officer, either manually or by computer; and 25 (ii) half the remainder (if any) of the ballot-papers are to be deemed to have been marked in accordance with one of the tickets and the other half in accordance with the 30 other ticket. (3) If a ballot-paper has, or ballot-papers have, been marked in accordance with section 208E(2) by a mark having been placed in a square printed above the name of a candidate 35 who has lodged a statement under section 29 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. 165AC, this section applies to that ballot- paper or those ballot-papers as if-- (a) a reference to the candidates in a group were a reference to the candidate; 5 (b) a reference to the names of the candidates in a group were a reference to the name of the candidate; (c) a reference to a group voting ticket or group voting tickets registered for the 10 purposes of the election were a reference to the order of preferences, or the orders of preferences, given in that statement, as the case may be. 208I. Quotas etc. 15 (1) If, for the purposes of this section-- (a) the number of ballot-papers or votes in any category is required to be ascertained; or (b) a quota, a transfer value or the order of 20 standing of continuing candidates in a poll is required to be determined; or (c) a candidate is required to be identified-- the returning officer for the province must, 25 either manually or by computer or both, ascertain the number, determine the quota, transfer value or order, or identify the candidate, as the case may be. (2) In this section-- 30 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. "continuing candidate" means a candidate not already elected or excluded from the count; "quota" means the number determined by 5 dividing the total number of first preference votes by 1 more than the number of candidates required to be elected and by increasing the quotient so obtained (disregarding any 10 remainder) by 1; "surplus votes" means the number, if any, of votes in excess of the quota of each elected candidate. (3) In this section, a reference to votes or ballot- 15 papers, as the case may be, of or obtained or received by a candidate includes votes or ballot-papers, as the case may be, obtained or received by the candidate on any transfer under this section. 20 (4) For the purposes of this section, at any time after the counting of first preference votes the order of standing of the continuing candidates in the poll is to be determined as follows-- 25 (a) subject to paragraph (b), the continuing candidates stand in the poll in the order of the relative number of votes of each continuing candidate, with the continuing candidate with the greatest 30 number of votes standing highest in the poll and the continuing candidate with the fewest number of votes standing lowest in the poll; (b) if two or more continuing candidates 35 have the same number of votes, those candidates stand in the poll in the order 31 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. of the relative number of votes of each of those candidates at the last count at which each of them had a different number of votes, with the continuing 5 candidate with the greater or greatest number of votes at that count standing higher or highest in the poll and the continuing candidate with the fewer or fewest number of votes at the count 10 standing lower or lowest in the poll, but if there has been no such count the returning officer must determine the order of standing of those candidates in the poll. 15 (5) The number of first preference votes given for each candidate and the total number of all such votes are to be ascertained and a quota is to be determined and any candidate who has received a number of first preference 20 votes equal to or greater than the quota is elected. (6) Unless all the vacancies have been filled, the number (if any) of surplus votes are to be transferred to the continuing candidates as 25 follows-- (a) the number of surplus votes of the elected candidate is to be divided by the number of first preference votes received by him or her and the resulting 30 fraction is to be the transfer value; (b) the total number of ballot-papers of the elected candidate that express the first preference vote for him or her and the next available preference for a 32 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. particular continuing candidate is to be multiplied by the transfer value, the number so obtained (disregarding any fraction) is to be added to the number 5 of first preference votes of the continuing candidate and all those ballot-papers are to be transferred to the continuing candidate-- and any continuing candidate who has 10 received a number of votes equal to or greater than the quota on the completion of any such transfer is elected. (7) Unless all the vacancies have been filled, the surplus votes (if any) of any candidate 15 elected under sub-section (6), or elected subsequently under this sub-section, are to be transferred to the continuing candidates in accordance with sub-sections (6)(a) and (6)(b), and any continuing candidate who has 20 received a number of votes equal to or greater than the quota on the completion of any such transfer is elected. (8) If a continuing candidate has received a number of votes equal to or greater than the 25 quota on the completion of a transfer under sub-section (6) or (7) of the surplus votes of a particular elected candidate, no votes of any other candidate are to be transferred to the continuing candidate. 30 (9) For the purposes of the application of sub- sections (6)(a) and (6)(b) in relation to the transfer under sub-section (7) or (12) of the surplus votes of an elected candidate that was obtained by him or her in a transfer 33 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. under this section is to be dealt with as if any vote it expressed for the elected candidate were a first preference vote, as if the name of any other candidate previously elected or 5 excluded had not been on the ballot-paper and as if the numbers indicating subsequent preferences had been altered accordingly. (10) If, after the counting of first preference votes or the transfer of surplus votes (if any) of 10 elected candidates, no candidate has, or fewer than the number of candidates required to be elected have, received a number of votes equal to the quota, the candidate who stands lowest in the poll is to be excluded 15 and-- (a) the total number of ballot-papers expressing a first preference vote for an excluded candidate and the next available preference for a particular 20 continuing candidate are to be transferred, each ballot-paper at a transfer value of one vote, to the continuing candidate, and added to the number of votes of the continuing 25 candidate; (b) the total number (if any) of other ballot- papers obtained by an excluded candidate or candidates, as the case may be, is to be transferred beginning 30 with the ballot-papers received by that candidate or those candidates at the highest transfer value and ending with the ballot-papers received at the lowest transfer value, as follows-- 35 (i) the total number of ballot-papers received by the excluded candidate or candidates, as the 34 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. case may be, at a particular transfer value and expressing the next available preference for a particular continuing candidate is 5 to be multiplied by that transfer value; (ii) the number so obtained (disregarding any fraction) is to be added to the number of votes of 10 the continuing candidate; (iii) all those ballot-papers are to be transferred to the continuing candidate. (11) Any continuing candidate who has received 15 a number of votes equal to or greater than the quota on the completion of a transfer under sub-section (10) or (12) of ballot- papers of an excluded candidate or candidates, as the case may be, is elected, 20 and, unless all the vacancies have been filled, the surplus votes (if any) of the candidate so elected are to be transferred in accordance with sub-sections (6)(a) and (6)(b), except that, if the candidate so elected 25 is elected before all the ballot-papers of the excluded candidate or candidates, as the case may be, have been transferred, the surplus votes (if any) of the candidate so elected must not be transferred until the remaining 30 ballot-papers of the excluded candidate or candidates, as the case may be, have been transferred in accordance with sub-sections (10)(a) and (10)(b) to continuing candidates. (12) Subject to sub-section (14), if, after the 35 transfer of all the ballot-papers of an excluded candidate or candidates, as the case may be, no continuing candidate has 35 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. received a number of votes greater than the quota, the continuing candidate who stands lowest in the poll is to be excluded and his or her ballot-papers transferred in accordance 5 with sub-sections (10)(a) and (10)(b). (13) If a candidate is elected during the transfer of ballot-papers under sub-section (10) or (12), no other ballot-papers of an excluded candidate or candidates, as the case may be, 10 are to be transferred to the candidate so elected. (14) In respect of the last vacancy for which two continuing candidates remain, the continuing candidate who has the larger number of 15 votes is elected notwithstanding that that number is below the quota, and if those candidates have an equal number of votes the returning officer must, in a manner determined by the returning officer draw the 20 name of the elected candidate by lot, either manually or by computer. (15) Despite any other provision of this section, where the number of continuing candidates is equal to the number of remaining unfilled 25 vacancies, those candidates are elected. (16) Subject to sub-section (17) and (18), if, after any count under this section, two or more candidates have surplus votes, the order of any transfers of the surplus votes of those 30 candidates must be in accordance with the relative sizes of the surpluses, the largest surplus being transferred first. (17) Subject to sub-section (18), if, after any count under this section two or more 35 candidates have equal surpluses, the order of any transfers of the surplus votes of those 36 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. candidates is to be in accordance with the relative numbers of votes of those candidates at the last count at which each of those candidates had a different number of votes, 5 the surplus of the candidate with the largest number of votes at that count being transferred first, but if there has been no such count the returning officer must determine the order in which the surpluses are to be 10 dealt with. (18) If, after any count under this section, a candidate obtains surplus votes, those surplus votes must not be transferred before the transfer of any surplus votes obtained by 15 any other candidate on an earlier count. (19) If a candidate is elected by reason that the number of first preference votes received by him or her, or the aggregate of first preference votes received by him or her and 20 all other votes obtained by him or her on transfers under this section is equal to the quota, all the ballot-papers expressing those votes are to be set aside as finally dealt with. (20) A ballot-paper is to be set aside as exhausted 25 if on a transfer it is found that the paper expresses no preference for any continuing candidate. (21) In any case to which sub-section 208E(4) applies, a vote indicated on a ballot-paper is 30 to be counted to the candidate next in the order of the voter's preference, and the numbers indicating subsequent preferences are deemed to be altered accordingly. 37 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 28 Act No. (22) For the purposes of this section each transfer-- (a) under sub-section (6), (7) or (11) of all the surplus votes of an elected 5 candidate; or (b) under sub-section (10)(a) of all the ballot-papers expressing a first preference vote for an excluded candidate; or 10 (c) under sub-section (10)(b) of all ballot- papers received by the excluded candidate or candidates, as the case may be, at a particular transfer value-- constitutes a separate transfer. 15 208J. Informal ballot-papers (1) A ballot-paper must be rejected as informal at the close of the poll-- (a) if it has not been initialled by the returning officer, deputy returning 20 officer, postal voting officer or assistant postal voting officer or, if it is not so initialled, does not bear the prescribed mark; or (b) subject to sections 208E and 208F, if it 25 has no vote indicated on it, or it does not indicate the voter's first preference for one candidate and the order of his or her preference for all the remaining candidates; or 30 (c) if it is not marked in a manner prescribed or allowed by this Act. (2) Except as otherwise expressly provided, a ballot-paper must not be rejected for any reason other than the reasons enumerated in 38 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 29 Act No. this section but must be given effect according to the elector's intention so far as it is clear. Division 13B--Council and Assembly 5 Elections'. 29. Amendment of The Constitution Act Amendment Act 1958 (1) In The Constitution Act Amendment Act 1958-- 10 (a) in section 212(3) for "for one year" substitute "until the next dissolution or other lawful determination of the Assembly"; (b) in section 220(4)(b) after "election concerned" insert "or in the case of a general 15 election or a Council by-election held for the purposes of section 28 of the Constitution Act 1975, not earlier than 9 am on the second day after the day by which group voting tickets must be lodged under section 20 165AB"; (c) in section 238A(1) for "simultaneous" substitute "general". (2) After section 239(5) of The Constitution Act Amendment Act 1958 insert-- 25 "(6) If-- (a) a re-calculation by computer occurs following a recount; and 39 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 29 30 Act No. (b) during the re-calculation, the same tie that occurred on the previous calculation by computer occurs again-- for the purposes of the re-calculation that tie 5 is to be resolved in favour of the candidate in whose favour it was resolved during the previous calculation.". (3) In The Constitution Act Amendment Act 1958-- 10 (a) in sections 267I(4)(b) and 267K(4)(b) after "candidate" insert "or in relation to a general election for a Council province, the number 1 in a square above the name of the group"; (b) in section 268, in the definition of "election" 15 for "simultaneous" substitute "general"; (c) in section 306A for "simultaneous" (wherever occurring) substitute "general"; (d) in section 311(1A) for "simultaneous" (wherever occurring) substitute "general". 20 30. New Tenth Schedule inserted After the Ninth Schedule to The Constitution Act Amendment Act 1958 insert-- "TENTH SCHEDULE 40 541007B.I1-26/11/99

Constitution (Reform) Act 1999 Act No. FORM OF BALLOT-PAPER Section 165AA Place the ________ single Ballot-paper figure 1 in STATE OF D EITHER one, and VICTORIA ________ one only of ! ! ! ! I these [Province] of OR OR OR squares to [4] 2 2 2 2 R indicate the group Election of E voting [5] members ticket which of the C you wish to Legislative adopt as Council T your vote I Place the ________ numbers [1] ! 13 ! 13 ! 13 ! 13 ! 13 ! 13 O to [6] in the OR squares ! 13 ! 13 ! 13 ! 13 ! 13 ! 13 N ________ immediately to the left of S the names ! 13 ! 13 ! 13 ! 13 ! 13 ! 13 of the respective candidates ! 13 ! 13 ! 13 ! 13 ! 13 so as to indicate the ! 13 ! 13 ! 13 ! 13 order of your preference ! 13 ! 13 ! 13 for them 1. Here insert name of a candidate. 2. Here insert name of a registered political party or composite name of registered political 5 parties if to be printed. 3. Here insert name of a registered political party if to be printed. 4. Here insert name of province. 5. Here insert number of vacancies. 6. Here insert number of candidates.". 10 _______________ 41 541007B.I1-26/11/99

Constitution (Reform) Act 1999 s. 31 32 Act No. PART 4--AMENDMENT OF OTHER ACTS 31. Amendment of the Electoral Boundaries Commission Act 1982 (1) After section 9(2) of the Electoral Boundaries 5 Commission Act 1982 insert-- '(3) In allocating districts to a province, the Commissioners must ensure that 2 provinces comprise areas that are primarily areas outside the metropolitan area and 3 10 provinces comprise areas that are primarily within the metropolitan area. (4) In this section, "metropolitan area" has the same meaning as in section 201 of the Melbourne and Metropolitan Board of 15 Works Act 1958.'. (2) In section 14 of the Electoral Boundaries Commission Act 1982 omit "or a periodical election for the Legislative Council (whichever first occurs)". 20 (3) Section 16 of the Electoral Boundaries Commission Act 1982 is repealed. (4) In section 16A of the Electoral Boundaries Commission Act 1982-- (a) after "seat of a member for a" insert 25 "province or"; and (b) after "election of a member of the" insert "Council or"; and (c) after "electoral" insert "provinces and". 32. Amendment of the Parliamentary Committees Act 30 1968 42 541007B.I1-26/11/99

Constitution (Reform) Act 1999 Act No. (1) In section 4G(1) of the Parliamentary Committees Act 1968 for paragraphs (a) and (b) and the words "whichever of those events first happens" substitute "the dissolution or other 5 lawful determination of the Assembly". (2) In section 36 of the Parliamentary Committees Act 1968 for paragraphs (b) and (c) substitute-- "(b) the dissolution or other lawful determination of the Assembly--". 10 (3) In section 48 of the Parliamentary Committees Act 1968 for paragraphs (b) and (c) substitute-- "(b) the dissolution or other lawful determination of the Assembly--". 33. Amendment of the Parliamentary Salaries and 15 Superannuation Act 1968 In the Parliamentary Salaries and Superannuation Act 1968-- (a) in section 7(2) for "periodical or general election as the case may be" substitute 20 "general election"; (b) in section 7(4) after "general election for" insert "the Council and"; (c) in section 10(1), in the definition of "election" for "or" substitute "and". 25 43 541007B.I1-26/11/99

Constitution (Reform) Act 1999 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 44 541007B.I1-26/11/99

[Index] [Search] [Download] [Related Items] [Help]