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CONSTITUTION (PROPORTIONAL REPRESENTATION) BILL 2000

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 i 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

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-- 1 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 2 Act No. (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. _______________ 2 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 3 Act No. 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 3 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 4 Act No. 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 _______________ 4 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 5 Act No. 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.". 5 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 7 Act No. 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 6 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 8 Act No. (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". 7 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 9 Act No. 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". 8 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 12 Act No. 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 9 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 12 Act No. 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-- 10 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 12 Act No. (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 11 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 12 Act No. 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. 12 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 12 Act No. (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 13 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 12 Act No. (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).". 14 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 13 Act No. 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 15 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 14 Act No. 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-- 16 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 16 Act No. (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. 17 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. 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. 18 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. 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 19 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. 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 20 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. 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 21 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. (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-- 22 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. 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. 23 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. (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, 24 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. 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 25 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. 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; 26 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. (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 27 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. 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 28 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. 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 29 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. 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 30 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 Act No. 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. 31 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 19 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 32 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 20 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'. 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". 33 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 21 Act No. 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.". _______________ 34 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 22 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 35 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 s. 22 Act No. Nillumbik Whittlesea Port Phillip Wyndham Stonnington Yarra'. 36 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000

 


 

Constitution (Proportional Representation) Act 2000 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 37 541045B.I1-2/6/2000 BILL LA CIRCULATION 2/6/2000