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PARLIAMENT OF VICTORIA
Constitution (Proportional Representation) Act
2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF THE CONSTITUTION ACT 1975 3
3. Legislative Council 3
4. Section 27A inserted 3
27A. Casual vacancies 3
PART 3--AMENDMENT OF THE CONSTITUTION ACT
AMENDMENT ACT 1958 5
5. Amendment of section 154A 5
6. Amendment of section 159 5
7. New section 159AA inserted 6
159AA. Grouping of candidates 6
8. Amendment of sections 159B and 159C 6
9. Amendment of section 164 8
10. Assembly ballot-papers 8
11. Amendment of section 165A 8
12. New sections 165AA, 165AB and 165AC inserted 9
165AA. Printing of Council ballot-papers 9
165AB. Group voting tickets 10
165AC. Individual voting tickets 12
13. Amendment of sections 165B and 165C 15
14. New section 165D inserted 16
165D. Group voting tickets to be displayed 16
15. Amendment of section 173 16
16. Amendment of section 190 17
17. Voting for the Assembly and Council by-elections 17
18. Repeal of sections 208(1A) and 208AB 17
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Clause Page
19. Proportional representation 18
"Division 13A--Voting for the Council 18
208C. Application and operation of Division 18
208D. How vote to be recorded 18
208E. Marking of votes 19
208F. Formal votes according to group voting ticket 20
208G. Certain votes with non-consecutive numbers to be
formal 21
208H. Council ballot-papers deemed to be marked according
to group voting tickets 22
208I. Quotas etc. 24
208J. Informal ballot-papers 32
Division 13B--Council and Assembly Elections". 33
20. Amendment of The Constitution Act Amendment Act 1958 33
21. New Tenth Schedule inserted 34
TENTH SCHEDULE 34
PART 4--AMENDMENT OF THE ELECTORAL BOUNDARIES
COMMISSION ACT 1982 35
22. Amendment of section 9 35
NOTES 37
ii
541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 31 May 2000
A BILL
to reform the Constitution Act 1975 by making provision for the
constitution of the Houses of 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 and the Electoral Boundaries Commission
Act 1982 and for other purposes.
Constitution (Proportional
Representation) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to reform the
Constitution Act 1975 by providing for--
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(a) the election of members of the Legislative
Council by using a proportional
representation system;
(b) a reduction in the number of members in the
5 Legislative Council from 44 to 40;
(c) the filling of casual vacancies in the
Legislative Council consistent with the
intention of the electorate.
2. Commencement
10 (1) Sections 1 and 22 and this section come into
operation on the day on which this Act receives
the Royal Assent.
(2) The remaining provisions of this Act come into
operation on the day of the dissolution or other
15 lawful determination of the Legislative Assembly
next occurring after the day on which this Act
receives the Royal Assent.
_______________
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PART 2--AMENDMENT OF THE CONSTITUTION ACT 1975
3. Legislative Council
(1) In section 26 of the Constitution Act 1975, for
"44 members" substitute "40 members".
5 (2) For sections 27(1) and 27(1A) of the Constitution
Act 1975 substitute--
"(1) Victoria is to be divided into 8 provinces
each of which is to return 5 members to the
Council.
10 (1A) Each province is to consist of 11 complete
and contiguous districts.".
4. Section 27A inserted
After section 27 of the Constitution Act 1975
insert--
15 "27A. 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
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Amendment Act 1958 as if the names
of candidates appearing on the ballot-
papers did not include the name of that
person and the vacancy is to be filled
5 by the person who would have been
elected on that basis if he or she is
willing and eligible to be a member;
(c) if, on a recount under paragraph (b), the
vacancy is not filled, a further recount,
10 or further recounts, must be conducted
in accordance with that paragraph as if
the names of candidates did not
include--
(i) the name of the person who
15 ceased to be a member; or
(ii) a person by whom the vacancy
would have been filled under that
paragraph if the person had been
willing and eligible to fill the
20 vacancy--
until the vacancy is filled in accordance
with that paragraph, or cannot be so
filled;
(d) if the vacancy is not filled under
25 paragraph (a), (b) or (c), a Council
by-election must be held to fill the
vacancy.
(2) For the purposes of sub-section (1), a
statement in writing signed by the registered
30 officer of a registered political party stating
that a person has been nominated by the
registered officer of that party is conclusive
evidence that the person has been so
nominated.".
35 _______________
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PART 3--AMENDMENT OF THE CONSTITUTION ACT
AMENDMENT ACT 1958
5. Amendment of section 154A
(1) In section 154A(1) of The Constitution Act
5 Amendment Act 1958 for "10 days" substitute
"8 days".
(2) In section 154A(3) of The Constitution Act
Amendment Act 1958 for "15 days" substitute
"17 days".
10 6. Amendment of section 159
For section 159(1C) of The Constitution Act
Amendment Act 1958 substitute--
"(1C) A nomination must include a statement of
the form in which the candidate's name is, or
15 candidate's names are, as the case may be, to
be printed on the ballot-papers for the
election.
(1D) If--
(a) persons to be nominated as candidates
20 in a Council election wish to have their
names grouped in the ballot-papers; and
(b) those persons have been endorsed for
that election by different registered
political parties--
25 the nominations of the candidates may be
combined in such manner as the Electoral
Commissioner approves.".
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7. New section 159AA inserted
After section 159 of The Constitution Act
Amendment Act 1958 insert--
"159AA. Grouping of candidates
5 (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
(b) their names be grouped in the ballot-
10 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
nominations of the candidates to the
15 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.".
8. Amendment of sections 159B and 159C
20 (1) In section 159B(1) of The Constitution Act
Amendment Act 1958 for "up to 2" substitute
"of any".
(2) For sections 159B(2) and 159B(3) of The
Constitution Act Amendment Act 1958
25 substitute--
'(2) Sub-section (1) does not apply in relation to
a candidate in a Council election unless--
(a) the request is accompanied by a request
under section 159AA by a group of
30 candidates that includes the first-
mentioned candidate; or
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(b) the request is accompanied by a notice
by the candidate under section
165AC(4).
(3) A request under sub-section (1) must be in
5 writing, signed by the person making the
request, and must be delivered to the
Electoral Commissioner before noon on the
day before the day of nomination.
(4) If--
10 (a) a request has been made under sub-
section (1) in respect of candidates in a
Council election; and
(b) the candidates propose to have a group
voting ticket registered for the purposes
15 of that election--
the request may include a further request that
the name of the registered political party that
endorsed the candidates, or a composite
name formed from the registered names of
20 the registered political parties that endorsed
the candidates, be printed on the ballot-
papers adjacent to the square printed in
relation to the group in accordance with
section 165AB(5).
25 (5) In this section, "registered abbreviation or
initials", in relation to the name of a
registered political party, means the
abbreviation or initials (if any) of the name
of the party entered in the Register of
30 Political Parties.'.
(3) In section 159C(1)(b) of The Constitution Act
Amendment Act 1958 for "the close of
nominations for the election" substitute "noon of
the day before the day of nomination".
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9. Amendment of section 164
(1) In section 164(5) of The Constitution Act
Amendment Act 1958 after "any candidate"
insert "for an Assembly election or Council by-
5 election for the purposes of section 27A of the
Constitution Act 1975".
(2) After section 164(5) of The Constitution Act
Amendment Act 1958 insert--
"(5AA) If any candidate for a Council election, other
10 than a Council by-election for the purposes
of section 27A 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
15 return the money paid by or on behalf of the
deceased candidate to his or her personal
representative.".
10. Assembly ballot-papers
(1) In section 165(1) of The Constitution Act
20 Amendment Act 1958 for "any" substitute "an
Assembly".
(2) In section 165(2) of The Constitution Act
Amendment Act 1958 after "printing ballot-
papers" insert "to be used in an Assembly
25 election".
(3) After section 165(2)(a) of The Constitution Act
Amendment Act 1958 insert--
"(aa) section 165AA applies in the case of ballot-
papers to be used in a Council election; and".
30 11. Amendment of section 165A
In section 165A of The Constitution Act
Amendment Act 1958 after "candidates" (where
twice occurring) substitute "or groups of
candidates".
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12. New sections 165AA, 165AB and 165AC inserted
After section 165A of The Constitution Act
Amendment Act 1958 insert--
"165AA. Printing of Council ballot-papers
5 (1) Forthwith after a poll stands appointed for a
Council election, the returning officer must
cause--
(a) ballot-papers to be printed with the
names of all the candidates at such
10 election and of no other person, in the
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
15 form provided by section 225(6).
(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
20 Council election--
(a) the names of candidates by whom
requests have been made under
section 159AA must be printed in
groups on the ballot-papers in
25 accordance with the requests and before
the names of candidates who have not
made such requests; and
(b) the order of the several groups in the
ballot-papers must be determined by
30 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
group must be determined by the
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Electoral Commissioner in accordance
with section 165A.
(4) Sub-section (3) applies if a candidate in a
Council election has given notice of
5 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
10 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
15 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
20 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
25 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
30 lodging that statement, lodge a written
statement stating that they wish voters in the
election to indicate their preferences in
relation to all the candidates in the election
in either of two orders specified in the
35 statement, being orders that--
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(a) give preferences to the candidates
lodging the statement before any other
candidate; or
(b) give preferences to the candidates
5 lodging the statement in the same order.
(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
10 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
15 of preferences.
(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
20 have a 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, as the
25 case may be.
(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
30 ballot-papers for use in the election above
the names of those candidates.
(6) A statement under sub-section (1) or (2) may
be signed--
(a) if all the members of the group have
35 been endorsed by the same registered
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political party, by the registered officer
of the party; or
(b) if the members of the group have been
endorsed by different registered
5 political parties, by the registered
officers of all those parties; or
(c) in a case to which neither paragraph (a)
nor paragraph (b) applies, by the
candidate whose name first appears in
10 the group on the ballot-paper; or
(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
15 nomination or nominations of members
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
20 order in which the voting tickets of the group
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
25 member of the Council and has not joined in
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
30 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 preference to the
candidate lodging the statement before any
35 other candidate.
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(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
5 the 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 give preference
to the candidate lodging the statement before
10 any other candidate.
(3) A statement under sub-section (1) or (2)
must be--
(a) signed by the candidate; and
(b) lodged with the Electoral
15 Commissioner 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.
20 (4) A candidate is not entitled to lodge a
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
25 statement under this section.
(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
30 of the candidate.
(6) If--
(a) a candidate has lodged a statement
under sub-section (1) or (2); and
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(b) section 165C(1) requires that the name
of a registered political party be printed
adjacent to the name of the candidate
on the ballot-papers--
5 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
candidate in accordance with sub-section (5).
(7) Without limiting the generality of sub-
10 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
election in the groups, and in the order, in
15 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.
(8) If a candidate has lodged a statement under
20 sub-section (1) or (2), section 165D applies
as if--
(a) the candidate were a group that had a
group voting ticket or two group voting
tickets, as the case requires, registered
25 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; and
(b) the statement had been lodged under
30 section 165AB.
(9) A candidate who lodges a statement under
sub-section (2) must indicate in the statement
the order in which the voting tickets of the
candidate are to be displayed for the
35 purposes of section 165D(1).".
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13. Amendment of sections 165B and 165C
(1) After section 165B(4) of The Constitution Act
Amendment Act 1958 insert--
"(5) The names of registered political parties, or
5 abbreviations of such names, printed
adjacent to squares printed in accordance
with section 165AB(5), on ballot-papers for
use in an election must be printed in capital
letters in type that is uniform in size and
10 style for all names and abbreviations so
printed.".
(2) At the end of section 165C of The Constitution
Act Amendment Act 1958 insert--
"(2) If--
15 (a) two or more persons have been
endorsed as candidates in a Council
election by a registered political party;
and
(b) a request has been made in respect of
20 the candidates under section 159AA--
the requirements specified in sub-section (3)
must be observed in the printing of the
ballot-papers for use in the election.
(3) The requirements are--
25 (a) the registered name of the party by
which each candidate was endorsed
must be printed adjacent to the name of
that candidate on the ballot-papers;
(b) if all the candidates were endorsed by
30 the same party and a square is printed,
in accordance with section 165AB(5),
on the ballot-papers in relation to the
candidates, the registered name of that
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party must be printed on the ballot-
papers adjacent to that square;
(c) if the request under section 159B
included a request that a composite
5 name be printed adjacent to the square
printed, in accordance with section
165AB(5), on the ballot-papers in
relation to the candidates, that
composite name must be printed on the
10 ballot-papers adjacent to that square.".
14. New section 165D inserted
Before section 166 of The Constitution Act
Amendment Act 1958 insert--
"165D. Group voting tickets to be displayed
15 (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
tickets to be prominently displayed in a
20 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
displayed in the order indicated in the
25 statement lodged by the group under section
165AB(2).".
15. Amendment of section 173
(1) In section 173(1)(b) of The Constitution Act
Amendment Act 1958 after "208" (where twice
30 occurring) insert "or 208I".
(2) After section 173(1) of The Constitution Act
Amendment Act 1958 insert--
"(1A) For the purposes of section 208I a scrutineer
must have access to--
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(a) a record of the preferences on the
ballot-papers that have been received
by the returning officer and whose
details have been stored in the
5 computer (including informal ballot-
papers, and formal ballot-papers that
are not sequentially numbered); and
(b) a record of the ballot-papers that are
notionally transferred, or exhausted, at
10 each count; and
(c) a record of the progress of the count of
the votes, at each count.".
16. Amendment of section 190
In section 190(3) of The Constitution Act
15 Amendment Act 1958 after "13" insert "and
13A".
17. Voting for the Assembly and Council by-elections
(1) For the heading to Division 13 of Part V of The
Constitution Act Amendment Act 1958
20 substitute--
"Division 13--Voting for the Assembly and
Council by-elections".
(2) In section 202 of The Constitution Act
Amendment Act 1958, for "for the Council or for
25 the Assembly" substitute "for the Assembly and
to Council by-elections held for the purposes of
section 27A of the Constitution Act 1975".
18. Repeal of sections 208(1A) and 208AB
Sections 208(1A) and 208AB of The
30 Constitution Amendment Act 1958 are
repealed.
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19. 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 27A 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.
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208E. Marking of votes
(1) Subject to sub-section (2), a voter must mark
his or her vote on the ballot-paper as
follows--
5 (a) if the ballot-paper is a ballot-paper in
accordance with the Tenth Schedule, he
or she must--
(i) place the figure 1 in the square
opposite the name of the candidate
10 for whom he or she votes as his or
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
15 the remaining candidates so as to
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
20 manner prescribed by the regulations
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
25 section 165AB(5) or 165AC(5).
(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
30 to have placed the figure 1 in that square.
(4) If a candidate dies after noon on the day of
nomination and before the end of the polling
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day, and the number of candidates remaining
is greater than the number of candidates to
be elected, a ballot-paper is not informal by
reason only of--
5 (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
(c) the omission to place any figure
10 opposite that name, or of any resultant
failure to indicate in consecutive order
the voter's preferences.
208F. Formal votes according to group voting
ticket
15 (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.
(2) If a ballot-paper in a Council election--
20 (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
marked in accordance with section
25 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
been marked in accordance with section
30 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
with section 208E(2) if he or she has placed
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a preference mark in two or more of the
squares printed on the ballot-paper in
accordance with section 165AB(5) or
165AC(5).
5 (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
(1) If a ballot-paper in a Council election--
10 (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
(b) has--
15 (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
candidates, figures in a sequence
20 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 sequence; or
25 (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
blank, numbers in a sequence of
30 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
sequence; and
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(c) but for this sub-section, would be
informal by virtue of section
208J(1)(b)--
then--
5 (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
(f) if the figures in squares opposite the
10 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
the other figure, or to have expressed
15 preferences by the other figures, in that
sequence; and
(g) the voter is not to be taken to have
expressed any other preference.
(2) In considering, for the purposes of sub-
20 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
according to group voting tickets
25 (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
in a square printed above the names of
30 candidates in a group; and
(b) the candidates in that group have only
one group voting ticket registered for
the purposes of that election--
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that ballot-paper is to be deemed to have
been marked in accordance with that ticket.
(2) For the purposes of section 208I, where--
(a) a ballot-paper has, or ballot-papers
5 have, been marked in accordance with
section 208E(2) by a mark having been
placed in a square printed above the
names of candidates in a group; and
(b) the candidates in that group have two
10 group voting tickets registered for the
purposes of that election--
then--
(c) if the number of ballot-papers is an
even number, half of the ballot-papers
15 are to be taken to have been marked in
accordance with one of the tickets and
the other half in accordance with the
other ticket; or
(d) if the number of ballot-papers is not an
20 even number--
(i) one of the ballot-papers is to be
deemed to have been marked in
accordance with whichever of the
two tickets is drawn by lot in a
25 manner determined by the
returning officer, either manually
or by computer; and
(ii) half the remainder (if any) of the
ballot-papers are to be deemed to
30 have been marked in accordance
with one of the tickets and the
other half in accordance with the
other ticket.
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(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
5 who has lodged a statement under section
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;
10 (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
15 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.
20 (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
25 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,
30 either manually or by computer or both,
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ascertain the number, determine the quota,
transfer value or order, or identify the
candidate, as the case may be.
(2) In this section--
5 "continuing candidate" means a candidate
not already elected or excluded from
the count;
"quota" means the number determined by
dividing the total number of first
10 preference votes by 1 more than the
number of candidates required to be
elected and by increasing the quotient
so obtained (disregarding any
remainder) by 1;
15 "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-
papers, as the case may be, of or obtained or
20 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.
(4) For the purposes of this section, at any time
25 after the counting of first preference votes
the order of standing of the continuing
candidates in the poll is to be determined as
follows--
(a) subject to paragraph (b), the continuing
30 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
number of votes standing highest in the
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poll and the continuing candidate with
the fewest number of votes standing
lowest in the poll;
(b) if two or more continuing candidates
5 have the same number of votes, those
candidates stand in the poll in the order
of the relative number of votes of each
of those candidates at the last count at
which each of them had a different
10 number of votes, with the continuing
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
15 fewest number of votes at the count
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
20 the poll.
(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
25 has received a number of first preference
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
30 transferred to the continuing candidates as
follows--
(a) the number of surplus votes of the
elected candidate is to be divided by the
number of first preference votes
35 received by him or her and the resulting
fraction is to be the transfer value;
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(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
5 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
of first preference votes of the
10 continuing candidate and all those
ballot-papers are to be transferred to the
continuing candidate--
and any continuing candidate who has
received a number of votes equal to or
15 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
elected under sub-section (6), or elected
20 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
received a number of votes equal to or
25 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
quota on the completion of a transfer under
30 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.
(9) For the purposes of the application of sub-
35 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
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was obtained by him or her in a transfer
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
5 any other candidate previously elected or
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
10 or the transfer of surplus votes (if any) of
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
15 stands lowest in the poll is to be excluded
and--
(a) the total number of ballot-papers
expressing a first preference vote for an
excluded candidate and the next
20 available preference for a particular
continuing candidate are to be
transferred, each ballot-paper at a
transfer value of one vote, to the
continuing candidate, and added to the
25 number of votes of the continuing
candidate;
(b) the total number (if any) of other ballot-
papers obtained by an excluded
candidate or candidates, as the case
30 may be, is to be transferred beginning
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
35 transfer value, as follows--
(i) the total number of ballot-papers
received by the excluded
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candidate or candidates, as the
case may be, at a particular
transfer value and expressing the
next available preference for a
5 particular continuing candidate is
to be multiplied by that transfer
value;
(ii) the number so obtained
(disregarding any fraction) is to be
10 added to the number of votes of
the continuing candidate;
(iii) all those ballot-papers are to be
transferred to the continuing
candidate.
15 (11) Any continuing candidate who has received
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
20 candidates, as the case may be, is elected,
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
25 (6)(b), except that, if the candidate so elected
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
30 must not be transferred until the remaining
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.
35 (12) Subject to sub-section (14), if, after the
transfer of all the ballot-papers of an
excluded candidate or candidates, as the case
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may be, no continuing candidate has
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
5 her ballot-papers transferred in accordance
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
10 candidate or candidates, as the case may be,
are to be transferred to the candidate so
elected.
(14) In respect of the last vacancy for which two
continuing candidates remain, the continuing
15 candidate who has the larger number of
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
20 determined by the returning officer draw the
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
25 is equal to the number of remaining unfilled
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
30 any transfers of the surplus votes of those
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
35 count under this section two or more
candidates have equal surpluses, the order of
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any transfers of the surplus votes of those
candidates is to be in accordance with the
relative numbers of votes of those candidates
at the last count at which each of those
5 candidates had a different number of votes,
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
10 the order in which the surpluses are to be
dealt with.
(18) If, after any count under this section, a
candidate obtains surplus votes, those
surplus votes must not be transferred before
15 the transfer of any surplus votes obtained by
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
20 preference votes received by him or her and
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.
25 (20) A ballot-paper is to be set aside as exhausted
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)
30 applies, a vote indicated on a ballot-paper is
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.
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(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
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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'.
20. Amendment of The Constitution Act Amendment Act
1958
(1) In section 220(4)(b) of The Constitution Act
Amendment Act 1958 after "election concerned"
10 insert "or in the case of a general election or a
Council by-election held for the purposes of
section 27A of the Constitution Act 1975, not
earlier than 9 a.m. on the second day after the day
by which group voting tickets must be lodged
15 under section 165AB".
(2) After section 239(5) of The Constitution Act
Amendment Act 1958 insert--
"(6) If--
(a) a re-calculation by computer occurs
20 following a recount; and
(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
25 is to be resolved in favour of the candidate in
whose favour it was resolved during the
previous calculation.".
(3) In sections 267I(4)(b) and 267K(4)(b) of The
Constitution Act Amendment Act 1958 after
30 "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".
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21. New Tenth Schedule inserted
After the Ninth Schedule to The Constitution Act
Amendment Act 1958 insert--
"TENTH SCHEDULE
5 FORM OF BALLOT-PAPER
Section 165AA
Place the
________ single Ballot-paper
figure 1 in STATE OF
D EITHER one, and one VICTORIA
________ only of these
! ! ! !
I squares to [Province] of
OR OR OR
indicate the [4]
2 2 2 2
R group voting
ticket which Election of
E you wish to [5] members
adopt as your of the
C vote Legislative
Council
T
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 of
! 13 ! 13 ! 13 ! 13 ! 13 ! 13
the
respective
candidates so
! 13 ! 13 ! 13 ! 13 ! 13
as to indicate
the order
! 13 ! 13 ! 13 ! 13
of your
preference
for them
! 13 ! 13 ! 13
1. Here insert name of a candidate.
2. Here insert name of a registered political party or composite name of registered political
parties if to be printed.
10 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.".
_______________
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Act No.
PART 4--AMENDMENT OF THE ELECTORAL
BOUNDARIES COMMISSION ACT 1982
22. Amendment of section 9
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 3 provinces
comprise areas that are primarily areas
outside the metropolitan area and 5
10 provinces comprise areas that are primarily
within the metropolitan area.
(4) In this section, "metropolitan area"
means--
(a) the docklands area within the meaning
15 of the Docklands Authority Act 1991;
and
(b) the area of the municipal districts of the
municipal councils specified in the
Table.
20 TABLE
Banyule Hume
Bayside Kingston
Boroondara Knox
Brimbank Manningham
Cardinia Maribyrnong
Casey Maroondah
Darebin Melbourne
Frankston Melton
Glen Eira Monash
Greater Dandenong Moonee Valley
Hobsons Bay Moreland
Mornington Peninsula Whitehorse
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Nillumbik Whittlesea
Port Phillip Wyndham
Stonnington Yarra'.
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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