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PARLIAMENT OF VICTORIA
Constitution (Parliamentary Reform) Act 2002
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 4
Division 1--The Principle of Government Mandate 4
3. New section 16A inserted--The principle of Government
mandate 4
16A. The principle of Government mandate 4
Division 2--Entrenchment 5
4. Amendment of section 18--Power for Parliament to alter
Constitution Act 5
5. New Part VA inserted--Special Provisions 8
PART VA--SPECIAL PROVISIONS 8
94E. Independence of the Ombudsman 8
94F. Independence of the Electoral Commissioner 9
94G. Electoral Boundaries 10
94H. Access to information 11
6. Amendment of Electoral Act 2002 11
PART 9A--REFERENDUMS 11
177A. Purpose of this Part 11
177B. Application of provisions relating to elections 11
117C. Distribution of arguments for and against Bill to
electors 13
177D. Issue of writ 16
177E. Copy of Bill or statement 16
177F. Duties of Commission on receipt of writ 17
177G. Electors who are entitled to vote 17
177H. Voting to be by ballot 17
177I. Form of ballot-papers 18
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Clause Page
177J. Rejection of ballot-paper 18
177K. Declaration of the result 18
7. New Schedules inserted 19
Division 3--Fixed 4 year term 20
8. Dissolution of the Assembly 20
9. New section 8A inserted--Dissolution of Assembly after a
no confidence motion 21
8A. Dissolution of Assembly after a no confidence motion 21
10. Section 28 substituted--Duration of the Council 22
28. Duration of the Council 22
11. Section 38 substituted--Duration of the Assembly 22
38. Duration of Assembly 22
38A. Date of general election for the Assembly 23
12. Consequential amendments 24
Division 4--Constitution of the Council 24
13. Sections 26 and 27 substituted 24
26. Number of members of the Council 24
27. Division of Victoria into 8 regions 25
Division 5--Casual Vacancies in the Council 25
14. New section 27A inserted--Filling of casual vacancies in
the Council 25
27A. Filling of casual vacancies in the Council 25
15. Repeal of section 28(3) 27
Division 6--Appropriation Bills 27
16. Section 62 substituted--Appropriation Bills 27
62. Appropriation Bills 27
17. Section 65 substituted--Annual Appropriation Bills 28
65. Annual Appropriation Bills 28
Division 7--Provisions relating to Disputes concerning Bills 30
18. New Division 9A inserted 30
Division 9A--Provisions Relating to Disputes concerning
Bills 30
65A. Definitions 30
65B. Dispute Resolution Committee 31
65C. Dispute Resolution 32
65D. Consideration of Dispute Resolution by Assembly
and Council 33
65E. Provisions applying if dispute not resolved 34
65F. Provisions applying to Deadlocked Bills 34
65G. Joint Sitting 35
19. Consequential amendment 37
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Clause Page
PART 3--FURTHER AMENDMENT OF THE ELECTORAL
ACT 2002 38
20. Definitions 38
21. Election managers and election officials 38
22. Provision of enrolment information 39
23. Writs and voting centres 39
24. Nomination of candidates for Council elections 41
25. Council elections 42
69A. Grouping of candidates for Council elections 42
69B. Group voting tickets 43
26. Failed elections 46
27. When election is required 46
28. Group voting tickets to be displayed 46
73A. Group voting tickets to be displayed 46
29. Ballot-papers for the Assembly and the Council 47
30. Scrutineers 48
31. How-to-vote cards 48
32. Voting in Assembly elections 50
33. Voting in Council elections 51
93A. How votes to be marked by elector in Council
election 51
34. Rejection of ballot-papers 52
35. Formal Council ballot-papers 52
112A. Certain Council ballot-papers with non-consecutive
numbers to be formal 52
112B. Council ballot-papers deemed to be marked according
to group voting tickets 53
36. Ascertaining votes for Assembly candidates 55
37. Ascertaining votes for Council candidates 56
114A. Procedure for ascertaining number of votes for
Council candidates 56
38. Form of writ 64
39. Form of ballot-paper for the Council 65
40. Form of ballot-paper for the Assembly 66
PART 4--CONSEQUENTIAL AMENDMENTS 67
41. Electoral Boundaries Commission Act 1982 67
42. Section 14 of the Electoral Boundaries Commission Act
1982 substituted 68
14. Commencement of first region divisions 68
14A. Commencement of subsequent region divisions 70
43. Section 16 of the Electoral Boundaries Commission Act
1982 substituted 71
16. Effect of division upon choosing person to fill Council
vacancy 71
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Clause Page
44. Further amendments to the Electoral Boundaries Commission
Act 1982 71
45. New Schedule inserted into the Electoral Boundaries
Commission Act 1982 72
46. Constitution Act 1975 73
47. University of Ballarat Act 1993 73
48. Geographic Place Names Act 1998 73
ENDNOTES 74
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PARLIAMENT OF VICTORIA
Initiated in Assembly 12 September 2002
A BILL
to reform the Parliament of Victoria, to amend the Constitution Act
1975 and the Electoral Act 2002, to consequentially amend certain
Acts and for other purposes.
Constitution (Parliamentary Reform)
Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to reform the
Parliament of Victoria based on recommendations
5 made by the Constitution Commission Victoria
by--
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 1--preliminary
s. 2
(a) recognising the principle of Government
mandate;
(b) providing for the entrenchment of certain
legislative provisions;
5 (c) providing for a fixed 4 year term Parliament
unless the Assembly is dissolved sooner;
(d) re-constituting the Legislative Council to
consist of 40 members elected from 8
regions each returning 5 members;
10 (e) providing for the filling of casual vacancies
in the Legislative Council by a joint sitting
of the Legislative Council and the
Legislative Assembly;
(f) removing the power of the Legislative
15 Council to block the Annual Appropriation
Bill;
(g) enacting a procedure to deal with disputes
concerning Bills between the Legislative
Assembly and the Legislative Council;
20 (h) providing for the election of members of the
Legislative Council by using a proportional
representation system with optional
preferential voting.
2. Commencement
25 (1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Division 3 of Part 2 comes into operation on the
day of the dissolution or other lawful
determination of the Legislative Assembly next
30 occurring after the day on which this Act receives
the Royal Assent.
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 1--preliminary
s. 2
(3) Divisions 1, 2, 6 and 7 of Part 2 come into
operation on the coming into existence of the
Legislative Assembly first elected after this Act
receives the Royal Assent.
5 (4) Divisions 4 and 5 of Part 2 and Parts 3 and 4 come
into operation on 1 July 2003.
__________________
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 3
PART 2--AMENDMENT OF THE CONSTITUTION ACT 1975
Division 1--The Principle of Government Mandate
3. New section 16A inserted--The principle of
Government mandate
5 See: After section 16 of the Constitution Act 1975
Act No.
insert--
8750.
Reprint No. 15
"16A. The principle of Government mandate
as at
1 September
(1) It is the intention of the Parliament that
2002.
LawToday:
regard should be given to the following
www.dms.
10 principle--
dpc.vic.
gov.au
The Council as a House of Review will
exercise its powers in recognition of the
right and obligation of the current
Government to implement--
15 (a) the Government's specific
mandate--the policies, promises
and initiatives which were
publicly released by or on behalf
of the Government during the last
20 election campaign; and
(b) the Government's general
mandate--to govern for and on
behalf of the people of Victoria.
(2) The principle in sub-section (1) is not to be
25 construed as limiting the powers of the
Council, the Assembly or the Parliament.".
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 4
Division 2--Entrenchment
4. Amendment of section 18--Power for Parliament to
alter Constitution Act
(1) In section 18(1) of the Constitution Act 1975, for
5 "sub-section (2)" substitute "this section,".
(2) For section 18(2) of the Constitution Act 1975
substitute--
'(1A) In this section--
"referendum" means a referendum
10 conducted in accordance with Part 9A
of the Electoral Act 2002;
"special majority" means 3/5ths of the
whole number of the members of the
Assembly and of the Council
15 respectively.
(1B) It shall not be lawful to present to the
Governor for Her Majesty's assent any Bill
by which--
(a) this sub-section or sub-sections (1A),
20 (1C) or (3); or
(b) Subdivision 1 of Division 5 of Part II;
or
(c) Subdivision 2 of Division 5 of Part II;
or
25 (d) Subdivision 1 of Division 6 of Part II;
or
(e) Subdivision 2 of Division 6 of Part II;
or
(f) Subdivision 3 of Division 6 of Part II;
30 or
(g) section 41; or
(h) Division 9 of Part II; or
5
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 4
(i) Division 9A of Part II; or
(j) Part IIA; or
(k) section 75(1); or
(l) Part IIIA; or
5 (m) Part IV; or
(n) Division 3 of Part V; or
(o) Part VA; or
(p) any provision substituted for any
provision specified in paragraphs (a)
10 to (o)--
may be repealed, altered or varied unless the
Bill has been passed by the Assembly and
the Council and approved by the majority of
the electors voting at a referendum.
15 (1C) A Bill to which sub-section (1B) applies
must be submitted to a referendum on a day
not sooner than 2 months after the Bill has
been passed by the Assembly and the
Council.
20 (2) It shall not be lawful to present to the
Governor for Her Majesty's assent any Bill
by which--
(a) Part I; or
(b) Division 1 of Part II (other than section
25 18); or
(c) this sub-section or sub-section (4); or
(d) Subdivision 1 of Division 7 of Part II;
or
(e) Subdivision 2 of Division 7 of Part II;
30 or
(f) Section 61A; or
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 4
(g) any provision substituted for any
provision specified in paragraphs (a)
to (f)--
may be repealed, altered or varied unless the
5 third reading of the Bill is passed by a
special majority.
(2AA) It shall not be lawful to present to the
Governor for Her Majesty's assent any Bill
by which--
10 (a) this sub-section or sub-sections (2A)
or (5); or
(b) Part III (other than section 75(1) or 85);
or
(c) any provision substituted for any
15 provision specified in paragraph (a)
or (b)--
may be repealed, altered or varied unless the
third reading of the Bill is passed by an
absolute majority.'.
20 (3) In section 18(2A) of the Constitution Act 1975
before "the Bill" insert "the third reading of".
(4) For sections 18(3) and 18(4) of the Constitution
Act 1975 substitute--
"(3) Any Bill dealing with any of the matters
25 specified in sub-section (1B) which has not
been approved in accordance with that sub-
section is void.
(4) Any Bill dealing with any of the matters
specified in sub-section (2) which has not
30 been passed in accordance with that sub-
section is void.
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 5
(5) Any Bill dealing with any of the matters
specified in sub-section (2AA) which has not
been passed in accordance with that sub-
section is void.".
5 5. New Part VA inserted--Special Provisions
After Part V of the Constitution Act 1975
insert--
"PART VA--SPECIAL PROVISIONS
94E. Independence of the Ombudsman
10 (1) The Ombudsman appointed in accordance
with the Ombudsman Act 1973 is an
independent officer of the Parliament.
(2) The functions, powers, rights, immunities
and obligations of the Ombudsman are as
15 specified in this section, the Ombudsman
Act 1973 and other laws of the State.
(3) There are no implied functions, powers,
rights, immunities or obligations arising
from the Ombudsman being an independent
20 officer of the Parliament.
(4) The powers of the Parliament to act in
relation to the Ombudsman are as specified
in the Ombudsman Act 1973.
(5) There are no implied powers of the
25 Parliament arising from the Ombudsman
being an independent officer of the
Parliament.
(6) Subject to this section, the Ombudsman Act
1973 and other laws of the State, the
30 Ombudsman has complete discretion in the
performance or exercise of his or her
functions or powers.
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 5
(7) The Ombudsman is not to be removed or
suspended from office except in accordance
with the provisions of sections 3 and 4 of the
Ombudsman Act 1973 as in force
5 immediately before the commencement of
section 5 of the Constitution
(Parliamentary Reform) Act 2002 or
provisions substituted for those sections
which have the same effect.
10 94F. Independence of the Electoral
Commissioner
(1) The Electoral Commissioner appointed in
accordance with the Electoral Act 2002 is
an independent officer of the Parliament.
15 (2) The functions, powers, rights, immunities
and obligations of the Electoral
Commissioner are as specified in this
section, the Electoral Act 2002 and other
laws of the State.
20 (3) There are no implied functions, powers,
rights, immunities or obligations arising
from the Electoral Commissioner being an
independent officer of the Parliament.
(4) The powers of the Parliament to act in
25 relation to the Electoral Commissioner are as
specified in the Electoral Act 2002.
(5) There are no implied powers of the
Parliament arising from the Electoral
Commissioner being an independent officer
30 of the Parliament.
(6) Subject to this section, the Electoral Act
2002 and other laws of the State, the
Electoral Commissioner has complete
discretion in the performance or exercise of
35 his or her functions or powers.
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 5
(7) The Electoral Commissioner is not to be
removed or suspended from office except in
accordance with the provisions of sections
12 and 14 of the Electoral Act 2002 as in
5 force immediately before the commencement
of section 5 of the Constitution
(Parliamentary Reform) Act 2002 or
provisions substituted for those sections
which have the same effect.
10 94G. Electoral Boundaries
There is to be in force at all times as part of
the laws of Victoria an Act that provides
for--
(a) the constitution of an Electoral
15 Boundaries Commission as specified in
section 3 of the Electoral Boundaries
Commission Act 1982 as in force
immediately before the commencement
of section 5 of the Constitution
20 (Parliamentary Reform) Act 2002 or
provisions substituted for that section 3
which have the same effect; and
(b) the Electoral Boundaries Commission
to have the function specified in
25 section 5 of the Electoral Boundaries
Commission Act 1982 as in force
immediately after the commencement
of section 41 of the Constitution
(Parliamentary Reform) Act 2002 or
30 provisions substituted for that section 5
which have the same effect; and
(c) the Electoral Boundaries Commission
to perform the function referred to in
paragraph (b) in accordance with the
35 factors specified in section 5 of the
Electoral Boundaries Commission
Act 1982 as in force immediately after
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 6
the commencement of section 41 of the
Constitution (Parliamentary Reform)
Act 2002 or provisions substituted for
that section 5 which have the same
5 effect.
94H. Access to information
There is to be in force at all times as part of
the laws of Victoria an Act the objectives
and functions of which are to facilitate and
10 promote, promptly and at the lowest
reasonable cost, the disclosure of
information by creating a general right of
access to information in documentary form
in the possession of Ministers and agencies
15 limited only by exceptions and exemptions
necessary for the protection of essential
public interests and the private and business
affairs of persons in respect of whom
information is collected and held by
20 agencies.".
6. Amendment of Electoral Act 2002
After Part 9 of the Electoral Act 2002 insert--
'PART 9A--REFERENDUMS
177A. Purpose of this Part
25 The purpose of this Part is to provide for the
conduct of referendums for the purpose of
section 18 of the Constitution Act 1975.
177B. Application of provisions relating to
elections
30 (1) Subject to this Part, the provisions of this
Act and the regulations made under this Act
apply so far as they are applicable to and in
respect of a referendum as if it were an
election.
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 6
(2) Without limiting sub-section (1), for the
purposes of the conduct of a referendum--
(a) a reference to a writ is to be construed
as a reference to a writ for a
5 referendum;
(b) a reference to the election day is to be
construed as a reference to the day
fixed by the writ for a referendum for
the taking of votes on the referendum;
10 (c) a reference to an election is to be
construed as a reference to a
referendum;
(d) a reference to electoral matter or
electoral papers is to be construed as a
15 reference to corresponding electoral
matter or electoral papers in relation to
a referendum;
(e) a reference to a ballot-paper, ballot
material, ballot-box or other thing is to
20 be construed as a reference to a ballot-
paper, ballot material, ballot-box or
corresponding thing in relation to a
referendum;
(f) a reference to a how-to-vote card is to
25 be construed as a reference to a
corresponding how-to-vote card in
relation to a referendum;
(g) a reference to disputing the validity of
an election is to be construed as a
30 reference to disputing the validity of a
referendum.
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 6
(3) For the purposes of a referendum--
(a) the Commission may appoint
appropriate persons as election
managers or election officials and make
5 the necessary arrangements for the
taking of the votes of electors in each
electoral district;
(b) a ballot-paper must not be rejected as
informal except in accordance with this
10 Part;
(c) the vote of an elector must be marked
on the ballot-paper in the manner
directed by this Part.
(4) Part 12 does not apply in respect of a
15 referendum.
117C. Distribution of arguments for and against
Bill to electors
(1) This section applies if--
(a) a Bill to which section 18(1B) of the
20 Constitution Act 1975 applies is to be
submitted to the electors; and
(b) within 4 weeks after the Bill has been
passed by the Assembly and the
Council there is forwarded to the
25 Commission--
(i) an argument in favour of the Bill,
consisting of not more than 2000
words, authorised by a majority of
those members of the Parliament
30 who voted for the Bill and desire
to forward such an argument; or
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 6
(ii) an argument against the Bill,
consisting of not more than 2000
words, authorised by a majority of
those members of the Parliament
5 who voted against the Bill and
desire to forward such an
argument.
(2) Unless the Premier informs the Commission
that the referendum is not to be held, the
10 Commission must, not later than 14 days
before the day appointed for the taking of the
referendum, cause to be printed and to be
posted to each elector as nearly as
practicable, a pamphlet containing the
15 arguments together with a statement setting
out the text of the Bill and the text of the
particular provisions of any Act proposed to
be textually altered by the Bill and the
textual alterations proposed to be made
20 therein.
(3) If there are to be referendums upon more
than one Bill on the same day--
(a) the arguments in relation to all the Bills
must be printed in one pamphlet; and
25 (b) the argument in favour of any Bill may
exceed 2000 words if the arguments in
favour of all the Bills do not average
more than 2000 words each and the
argument against any Bill may exceed
30 2000 words if the arguments against all
Bills do not average more than 2000
words each; and
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 6
(c) there may be one statement setting out
all the textual alterations proposed to be
made, with marginal notes identifying
the proposed Bill by which each
5 alteration or addition is proposed to be
made.
(4) The State must not expend money in respect
of the presentation of the argument in favour
of, or argument against, a Bill, except in
10 relation to--
(a) the preparation, printing and posting, in
accordance with this section, of the
pamphlets referred to in this section; or
(b) the preparation, by or on behalf of the
15 Commission, of translations into other
languages of material contained in
those pamphlets; or
(c) the preparation, by or on behalf of the
Commission, of presentations of
20 material contained in those pamphlets
in forms suitable for the visually
impaired; or
(d) the distribution or publication, by or on
behalf of the Commission, of those
25 pamphlets, translations or presentations
(including publication on the Internet);
or
(e) the provision by the Commission of
other information relating to, or relating
30 to the effect of, the Bill; or
(f) the salaries and allowances of members
of the Parliament, of members of staff
of members of the Parliament or of
persons who are employed under the
35 Public Sector Management and
Employment Act 1998.
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 6
177D. Issue of writ
(1) If a Bill is to be submitted to a referendum,
the Governor must issue a writ for the
referendum.
5 (2) A writ issued under this section must be--
(a) in or to the effect of the form in
Schedule 3; and
(b) directed to the Commission; and
(c) returnable to the Governor on a day
10 within 21 days after the day for the
taking of votes on the referendum
appointed and named in the writ.
(3) The day appointed for the taking of votes on
the referendum must be--
15 (a) a Saturday; and
(b) not later than the 40th day after the day
on which the writ is issued.
177E. Copy of Bill or statement
The Governor must cause to be attached to
20 the writ--
(a) a copy of the Bill as passed by the
Assembly and the Council; or
(b) a statement setting out the text of the
Bill as passed by the Assembly and the
25 Council and the text of the particular
provisions of any Act proposed to be
textually altered by the Bill and the
textual alterations proposed to be made
therein.
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 6
177F. Duties of Commission on receipt of writ
If a writ for a referendum is received by the
Commission under section 177D, the
Commission must--
5 (a) endorse on the writ the date of its
receipt; and
(b) publicly advertise--
(i) receipt of the writ; and
(ii) the day for the taking of votes on
10 the referendum; and
(iii) a copy of the Bill or of the
statement attached to the writ; and
(iv) the offices of the election
managers.
15 177G. Electors who are entitled to vote
A person is entitled to vote at a referendum if
were the referendum an election, the person
would be entitled under section 87 to vote at
the election.
20 177H. Voting to be by ballot
(1) The voting at a referendum must be by
ballot.
(2) Each elector must mark the elector's vote on
the ballot-paper--
25 (a) if the elector approves of the Bill, by
writing the word "YES" in the space
provided; or
(b) if the elector does not approve of the
Bill, by writing the word "NO" in the
30 space provided.
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 6
177I. Form of ballot-papers
The form of the ballot-papers to be used at
a referendum must be in the form of
Schedule 4.
5 177J. Rejection of ballot-paper
Despite anything to the contrary in this Act,
a ballot-paper used at a referendum must be
rejected as informal if--
(a) it has no vote marked on it; or
10 (b) the elector's vote is not clear; or
(c) it has more than one vote marked on it.
177K. Declaration of the result
(1) After the completion of the count of votes,
the Commission must publicly declare as
15 regards each electoral district and for the
whole State--
(a) the number of votes given in favour of
the Bill;
(b) the number of votes given not in favour
20 of the Bill;
(c) the number of ballot-papers rejected as
informal.
(2) The Commission must publicly advertise the
result of the referendum.
25 (3) The Commission must--
(a) endorse on the writ a statement
containing the matters specified in sub-
section (1); and
(b) return the writ to the Governor.
30 (4) The Commission must cause a copy of the
writ as endorsed under sub-section (3) to be
published in the Government Gazette.'.
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 7
7. New Schedules inserted
After Schedule 2 to the Electoral Act 2002
insert--
'SCHEDULE 3
5 FORM OF WRIT FOR A REFERENDUM
STATE OF VICTORIA
To the Victorian Electoral Commission
I request that you cause a Bill entitled [here set out the Short Title of the Bill
and add "a copy of which is attached" or "a statement of which is attached"]
10 to be submitted, according to law to the electors of Victoria.
I appoint the following dates for the purposes of the referendum.
1. For the close of the roll the day of 20 .
2. For the taking of votes of the electors the day of 20 .
3. For the return of the writ on or before the day of 20 .
15 [here insert the Governor's title] at [here insert place] the day of 20 .
Signature
_______________
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part 2--amendment of the constitution act 1975
s. 8
SCHEDULE 4
FORM OF BALLOT-PAPER FOR A REFERENDUM
ELECTORAL DISTRICT OF
Referendum on proposed Bill
5 Directions to Voter
Write "YES" or "NO" in the space provided opposite the
question set out below.
[HERE INSERT THE SHORT TITLE OF THE BILL]
DO YOU APPROVE OF THIS BILL?
__________________'.
10 Division 3--Fixed 4 year term
8. Dissolution of the Assembly
For sections 8(3) to 8(6) of the Constitution Act
1975 substitute--
"(3) On and after the coming into existence of the
15 Assembly first elected after the Constitution
(Parliamentary Reform) Act 2002 receives
the Royal Assent, the Governor may not
dissolve the Assembly unless--
(a) the Assembly is dissolved in
20 accordance with section 8A; or
(b) the Premier has given advice to the
Governor under section 65E(2) to
dissolve the Assembly.".
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s. 9
9. New section 8A inserted--Dissolution of Assembly
after a no confidence motion
After section 8 of the Constitution Act 1975
insert--
5 "8A. Dissolution of Assembly after a no
confidence motion
(1) The Assembly may be dissolved if--
(a) a motion of no confidence in the
Premier and the other Ministers of State
10 for the State of Victoria is passed by the
Assembly; and
(b) during the period commencing on the
day of the passage of the motion of no
confidence and ending 8 clear days
15 after that day, the Assembly has not
passed a motion of confidence in the
then Premier and the other Ministers of
State for the State of Victoria.
(2) Notice of a proposed motion of no
20 confidence under sub-section (1)(a) must be
given at least 3 clear days before it is moved.
(3) After a motion of no confidence under sub-
section (1)(a) is passed, unless a motion of
confidence is passed under sub-section
25 (1)(b), the Assembly may not be--
(a) prorogued before the end of the period
specified in sub-section (1)(b); or
(b) adjourned for a period extending
beyond the end of the period specified
30 in sub-section (1)(b).".
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part 2--amendment of the constitution act 1975
s. 10
10. Section 28 substituted--Duration of the Council
For section 28 of the Constitution Act 1975
substitute--
"28. Duration of the Council
5 (1) The Council which is in existence
immediately before the commencement of
section 10 of the Constitution
(Parliamentary Reform) Act 2002 ceases
to exist on that commencement.
10 (2) The Council (other than the Council to which
sub-section (1) applies) shall exist and
continue after a general election until the
dissolution or other lawful determination of
the Assembly.
15 (3) A member of the Council elected to fill the
place of a member whose seat becomes
vacant otherwise than by the expiration or
dissolution of the Assembly shall, subject to
this Act, be entitled to hold the seat from the
20 declaration of the poll until the day upon
which the predecessor would have ceased to
have been entitled to hold the seat.".
11. Section 38 substituted--Duration of the Assembly
For section 38 of the Constitution Act 1975
25 substitute--
"38. Duration of Assembly
The Assembly first elected after the
commencement of section 11 of the
Constitution (Parliamentary Reform) Act
30 2002 and each subsequent Assembly shall
expire on the Tuesday which is 25 days
before the Saturday which is nearest to the
fourth anniversary of the election day on
which the previous Assembly was elected.
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s. 11
38A. Date of general election for the Assembly
(1) The writs issued under the Electoral Act
2002 for a general election of the second
Assembly elected after the commencement
5 of section 11 of the Constitution
(Parliamentary Reform) Act 2002 and each
subsequent Assembly must name as the
election day--
(a) if the previous Assembly expired, the
10 Saturday nearest to the fourth
anniversary of the election day on
which the previous Assembly was
elected; or
(b) if the previous Assembly was
15 dissolved, a Saturday within the period
that--
(i) starts 15 days after the final
nomination day; and
(ii) ends 30 days after the final
20 nomination day.
(2) Despite sub-section (1)(a), in exceptional
circumstances, on the recommendation of the
Premier with the agreement of the Leader of
Her Majesty's Opposition, the Governor may
25 postpone the election day under sub-section
(1)(a) to another Saturday as nearest as
possible to the fourth anniversary of the
election day on which the previous
Assembly was elected.".
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Constitution (Parliamentary Reform) Act 2002
Act No.
part 2--amendment of the constitution act 1975
s. 12
12. Consequential amendments
(1) Sections 2(4), 2(5), 4(1), 4(2), 66, 67 and 68 of the
Constitution Act 1975 are repealed.
(2) In section 5 of the Constitution Act 1975--
5 (a) in the definition of "general election" after
"members of the" insert "Council and";
(b) the definition of "periodical election" is
repealed.
(3) In section 24(5) of the Constitution Act 1975--
10 (a) for "either House" substitute "the
Assembly";
(b) for "that House" (where first occurring)
substitute "a House".
(4) In section 24(6) of the Constitution Act 1975--
15 (a) for "either House" substitute "the
Assembly";
(b) for "that House" (where first occurring)
substitute "a House".
Division 4--Constitution of the Council
20 13. Sections 26 and 27 substituted
For sections 26 and 27 of the Constitution Act
1975 substitute--
"26. Number of members of the Council
(1) This section and section 27 apply in respect
25 of the first Council to be elected after 1 July
2003 and each subsequent Council.
(2) The Council is to consist of 40 members who
are to be representatives of, and elected by,
the electors of the respective regions.
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s. 14
27. Division of Victoria into 8 regions
(1) The State of Victoria is to be divided into
8 regions each of which is to return
5 members to the Council.
5 (2) The Electoral Boundaries Commission must
in accordance with the Electoral
Boundaries Commission Act 1982--
(a) divide the State of Victoria into
regions; and
10 (b) publish the name and boundaries of
each region in the Government
Gazette.".
Division 5--Casual Vacancies in the Council
14. New section 27A inserted--Filling of casual
15 vacancies in the Council
After section 27 of the Constitution Act 1975
insert--
"27A. Filling of casual vacancies in the Council
(1) Subject to this section, if a casual vacancy
20 occurs in the seat of a member of the
Council, a person must be chosen to occupy
the vacant seat by a joint sitting of the
Council and the Assembly.
(2) A joint sitting of the Council and the
25 Assembly need not be held if the casual
vacancy occurs 3 months or less before the
day on which the seat would have become
vacant due to the expiry of the Assembly.
(3) Sub-section (4) applies if a casual vacancy
30 occurs in the seat of a member of the Council
who was at the time that the member was
elected endorsed as a candidate in the
election by a registered political party the
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s. 14
name of which was printed adjacent to the
name of the candidate on the ballot-paper
under section 74 of the Electoral Act 2002.
(4) If this sub-section applies, the joint sitting of
5 the Council and the Assembly must choose a
member of the registered political party
referred to in sub-section (3) nominated by
that registered political party if the registered
political party nominates a member of the
10 registered political party for the vacancy who
would otherwise be qualified to be elected a
member of the Council.
(5) If sub-section (4) does not apply, the joint
sitting of the Council and the Assembly must
15 choose a person who--
(a) would otherwise be qualified to be
elected as a member of the Council and
has resided in the region to which the
vacancy relates for a period of not less
20 than 12 months immediately before the
joint sitting; and
(b) has not been a member of a political
party at any time during the period of
5 years immediately before the joint
25 sitting.
(6) Subject to sub-section (7), the joint sitting of
the Council and the Assembly is to be
conducted in accordance with the rules
adopted by the members present at the joint
30 sitting.
(7) At the joint sitting of the Council and the
Assembly--
(a) the members have the same privileges
and immunities as the members of the
35 Assembly in relation to proceedings
before that House;
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s. 15
(b) a question--
(i) other than a question to which
sub-paragraph (ii) applies, is to be
decided by a majority of the votes
5 cast by the members present at the
joint sitting;
(ii) for the purpose of sub-section (5)
is to be decided by a special
majority being 3/5ths of the whole
10 number of members of both the
Council and the Assembly present
at the joint sitting;
(c) in the event of an equality of votes on a
question, the question is to be taken to
15 have been determined in the negative.".
15. Repeal of section 28(3)
Section 28(3) of the Constitution Act 1975 is
repealed.
Division 6--Appropriation Bills
20 16. Section 62 substituted--Appropriation Bills
For section 62 of the Constitution Act 1975
substitute--
"62. Appropriation Bills
(1) A Bill for appropriating any part of the
25 Consolidated Fund or for imposing any duty,
rate, tax, rent or impost must originate in the
Assembly.
(2) Subject to section 65, a Bill for appropriating
any part of the Consolidated Fund or for
30 imposing any duty, rate, tax, rent or impost
may be rejected but not altered by the
Council.".
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s. 17
17. Section 65 substituted--Annual Appropriation Bills
For section 65 of the Constitution Act 1975
substitute--
'65. Annual Appropriation Bills
5 (1) In this section "Annual Appropriation
Bill" means a Bill which deals only with the
annual appropriation of the Consolidated
Fund for the ordinary annual services of the
Government for a particular year only but
10 does not include a Bill to appropriate money
for appropriations for or relating to the
Parliament.
(2) For the purposes of sub-section (1),
"ordinary annual services" includes--
15 (a) the construction or acquisition of public
works, land or buildings; and
(b) the construction or acquisition of plant
or equipment which normally would be
regarded as involving an expenditure of
20 capital; and
(c) services proposed to be provided by the
Government which have not formerly
been provided by the Government.
(3) An Annual Appropriation Bill must deal
25 only with appropriation.
(4) After the second reading of an Annual
Appropriation Bill has been moved, there
must be tabled in the Assembly a certificate
signed by the Auditor-General stating that
30 the Bill is an Annual Appropriation Bill.
(5) Sub-section (6) applies if an Annual
Appropriation Bill is passed by the
Assembly and within 1 month of its passing
by the Assembly--
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(a) the Council rejects or fails to pass it; or
(b) the Council returns it to the Assembly
with a message suggesting any
amendment to which the Assembly
5 does not agree.
(6) If this sub-section applies, the Annual
Appropriation Bill, with any amendments
suggested by the Council and agreed to by
the Assembly, must be presented to the
10 Governor for Her Majesty's Assent and
becomes an Act of Parliament on the Royal
Assent being signified notwithstanding that
the Council has not passed the Bill.
(7) The words of enactment for an Annual
15 Appropriation Bill that is to be presented to
the Governor for Her Majesty's Assent under
sub-section (6) are to be altered to "Her
Majesty and the Legislative Assembly in
accordance with section 65(6) of the
20 Constitution Act 1975 enact as follows:".
(8) There is to be endorsed on the Annual
Appropriation Bill when it is presented to the
Governor for Her Majesty's Assent under
sub-section (6), the certificate of the Speaker
25 signed by the Speaker that the Bill is a Bill to
which section 65(6) of the Constitution Act
1975 applies and has been passed in
accordance with that section.
(9) The certificate of the Speaker under this
30 section is conclusive evidence for all
purposes and cannot be questioned in any
court.
(10) The alteration of an Annual Appropriation
Bill to give effect to sub-section (7) is not to
35 be taken to be an amendment of the Bill.'.
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part 2--amendment of the constitution act 1975
s. 18
Division 7--Provisions relating to Disputes concerning Bills
18. New Division 9A inserted
After section 65 of the Constitution Act 1975
insert--
5 'Division 9A--Provisions Relating to Disputes
concerning Bills
65A. Definitions
(1) In this Division--
"Deadlocked Bill" means a Disputed Bill to
10 which section 65C(3) or section 65D(1)
applies;
"Dispute Resolution" means a resolution
reached by the Dispute Resolution
Committee recommending to the
15 Assembly and the Council that the
Disputed Bill specified in the
resolution--
(a) be passed as transmitted by the
Assembly to the Council without
20 amendment; or
(b) be passed with the amendment or
amendments specified in the
resolution; or
(c) not be passed;
25 "Dispute Resolution Committee" means
the Committee established under
section 65B;
"Disputed Bill" means a Bill which has
passed the Assembly and having been
30 transmitted to and received by the
Council not less than 2 months before
the end of the session has not been
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Constitution (Parliamentary Reform) Act 2002
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part 2--amendment of the constitution act 1975
s. 18
passed by the Council within 2 months
after the Bill is so transmitted, either
without amendment or with such
amendments only as may be agreed to
5 by both the Assembly and the Council.
(2) For the purposes of this Division, any
omission or amendment suggested by the
Council in accordance with section 64 is
deemed to be an amendment made by the
10 Council.
(3) This Division does not apply to an Annual
Appropriation Bill within the meaning of
section 65.
65B. Dispute Resolution Committee
15 (1) A Dispute Resolution Committee is to be
established as soon as conveniently
practicable after the commencement of each
Parliament.
(2) The Dispute Resolution Committee holds
20 office for the Parliament during which it is
appointed until the dissolution or other
lawful determination of the Assembly.
(3) The Dispute Resolution Committee is to
consist of 12 members of whom--
25 (a) 7 are to be members of, and appointed
by, the Assembly; and
(b) 5 are to be members of, and appointed
by, the Council.
(4) When appointing members under sub-section
30 (3), each House of the Parliament must take
into account the political composition of that
House.
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s. 18
(5) The Dispute Resolution Committee cannot
meet until both the Assembly and the
Council have made the appointments
referred to in sub-section (3).
5 (6) A member of the Dispute Resolution
Committee is to be appointed by the Dispute
Resolution Committee as the Chair.
(7) Each member of the Dispute Resolution
Committee is entitled to 1 vote.
10 (8) In the event of an equality of votes, the Chair
also has a casting vote.
(9) The Dispute Resolution Committee--
(a) must meet in private; and
(b) subject to this Division, may determine
15 the rules to be adopted for the conduct
of meetings.
65C. Dispute Resolution
(1) The Dispute Resolution Committee must
seek to reach a Dispute Resolution on a
20 Disputed Bill within 30 days after the
Disputed Bill is referred to the Dispute
Resolution Committee by a resolution of the
Assembly.
(2) If the Dispute Resolution Committee reaches
25 a Dispute Resolution, a copy of the Dispute
Resolution must be tabled in the Assembly
and the Council on the first sitting day of that
House after the Dispute Resolution has been
reached.
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(3) If the Dispute Resolution Committee--
(a) cannot reach a Dispute Resolution; or
(b) cannot meet or fails to meet for any
reason--
5 the Disputed Bill becomes a Deadlocked
Bill.
65D. Consideration of Dispute Resolution by
Assembly and Council
(1) If either the Assembly or the Council fails to
10 give effect to the Dispute Resolution within
30 days after the tabling of the Dispute
Resolution in that House, the Disputed Bill
becomes a Deadlocked Bill.
(2) For the purposes of sub-section (1), the
15 Assembly or the Council fails to give effect
to the Dispute Resolution--
(a) if the Dispute Resolution provided that
the Disputed Bill be passed by the
Council as transmitted by the Assembly
20 to the Council without amendment, and
the Council does not pass the Bill
without amendment;
(b) if the Dispute Resolution provided that
the Disputed Bill be passed with the
25 amendment or amendments specified in
the Dispute Resolution, and the
Assembly or the Council does not pass
the Bill with the specified amendment
or amendments;
30 (c) if the Dispute Resolution provided that
the Disputed Bill not be passed, and the
Assembly or the Council resolves not to
accept the Dispute Resolution.
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s. 18
65E. Provisions applying if dispute not resolved
(1) This section applies in the case of a
Deadlocked Bill.
(2) The Premier may advise the Governor in
5 writing that the Assembly be dissolved as a
result of this section applying to the
Deadlocked Bill specified in the advice.
(3) There is to be attached to the advice under
sub-section (2) a copy of the Deadlocked Bill
10 endorsed with the certificate of the Speaker
signed by the Speaker that the Bill is a Bill to
which section 65E of the Constitution Act
1975 applies.
(4) The certificate of the Speaker under this
15 section is conclusive evidence for all
purposes and cannot be questioned in any
court.
(5) If the Premier does not give advice under
sub-section (2), the Deadlocked Bill may be
20 re-introduced in the Assembly in accordance
with section 65F.
65F. Provisions applying to Deadlocked Bills
(1) This section applies if during the existence of
the Assembly first elected after the previous
25 Assembly has been dissolved under section
65E(2) or otherwise dissolved or lawfully
determined, a Deadlocked Bill from the
previous Assembly is again introduced in the
Assembly.
30 (2) For the purposes of this section, a
Deadlocked Bill may be introduced in the
Assembly in the form in which--
(a) it was introduced in the previous
Assembly; or
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part 2--amendment of the constitution act 1975
s. 18
(b) it was passed by the previous Assembly
and transmitted to the previous
Council; or
(c) it is consistent with the Dispute
5 Resolution reached in respect of the
Deadlocked Bill.
(3) If a Bill introduced in accordance with this
section again becomes a Disputed Bill, the
Premier may advise the Governor in writing
10 to convene a joint sitting of the Assembly
and the Council.
(4) There is to be attached to the advice under
sub-section (3) a copy of the Disputed Bill
endorsed with the certificate of the Speaker
15 signed by the Speaker that the Bill is a Bill to
which section 65F(3) of the Constitution
Act 1975 applies.
(5) The certificate of the Speaker under this
section is conclusive evidence for all
20 purposes and cannot be questioned in any
court.
(6) A joint sitting of the Assembly and the
Council convened in accordance with this
section may consider all the Bills that are
25 Disputed Bills in accordance with this
section.
65G. Joint Sitting
(1) A joint sitting of the Assembly and the
Council convened in accordance with section
30 65F must consider a Disputed Bill to which
that section applies in the form in which it
was last passed by the Assembly and
transmitted to the Council.
(2) Subject to sub-section (3), the joint sitting of
35 the Assembly and the Council is to be
conducted in accordance with the rules
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s. 18
adopted by the members present at the joint
sitting.
(3) At the joint sitting of the Assembly and the
Council--
5 (a) the members have the same privileges
and immunities as the members of the
Assembly in relation to proceedings
before that House;
(b) subject to sub-section (4), a question is
10 to be decided by a majority of the votes
cast by the members present at the joint
sitting;
(c) in the event of an equality of votes on a
question, the question is to be taken to
15 have been determined in the negative.
(4) If an absolute majority of the total number of
the members of the Assembly and the
Council passes the third reading of the
Disputed Bill with or without any
20 amendments at the joint sitting of the
Assembly and the Council, the Bill so passed
is to be taken to have been duly passed by
both Houses of the Parliament.
(5) A Bill passed in accordance with this section
25 must be presented to the Governor for Her
Majesty's Assent and becomes an Act of
Parliament on the Royal Assent being
signified.
(6) There is to be endorsed on the Bill when it is
30 presented to the Governor for Her Majesty's
Assent under sub-section (5), the certificate
of the Speaker signed by the Speaker that the
Bill is a Bill to which section 65G of the
Constitution Act 1975 applies and has been
35 passed in accordance with that section.
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(7) The certificate of the Speaker under this
section is conclusive evidence for all
purposes and cannot be questioned in any
court.'.
5 19. Consequential amendment
In the Heading to Division 9 of Part II of the
Constitution Act 1975 omit "and
Disagreements between the Houses".
__________________
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part 3--FURTHER amendment of the electoral act 2002
s. 20
PART 3--FURTHER AMENDMENT OF THE ELECTORAL
ACT 2002
20. Definitions
In section 3 of the Electoral Act 2002--
5 (a) in the definition of "by-election"--
(i) omit "or the Council";
(ii) omit "or Council";
(b) in the definition of "election", in
paragraph (a), for "simultaneous" substitute
10 "general";
(c) the definition of "province" is repealed;
(d) the definition of "simultaneous election" is
repealed;
(e) insert the following definitions--
15 ' "Council election" means an election at
which all the members of the Council
have to be elected;
"general election" means an election at
which all the members of the Assembly
20 and all the members of the Council
have to be elected;
"region" means electoral region;'.
21. Election managers and election officials
In section 18 of the Electoral Act 2002--
25 (a) in sub-sections (6) and (7), for "province"
substitute "region";
(b) in sub-section (8)--
(i) for "simultaneous" substitute
"general";
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(ii) for "province in so far as any part of
any province" substitute "region in so
far as any part of any region";
(iii) in paragraph (b), for "province" (where
5 twice occurring) substitute "region";
(c) in sub-section (9), for "province" substitute
"region".
22. Provision of enrolment information
In section 33 of the Electoral Act 2002--
10 (a) in sub-section (2), for "province" substitute
"region";
(b) in sub-section (4)--
(i) for "province" (wherever occurring)
substitute "region";
15 (ii) for "dissolution of the second Assembly
after the member has been elected"
substitute "Assembly is dissolved";
(c) in sub-section (5), in paragraphs (a) and (b),
for "province" (where twice occurring)
20 substitute "region".
23. Writs and voting centres
(1) In section 61 of the Electoral Act 2002, for sub-
section (1) substitute--
"(1) A writ for a general election must be issued
25 by the Governor--
(a) in the case of the expiration of the
Assembly, on the day on which the
Assembly expires; or
(b) in the case of the dissolution of the
30 Assembly, within 7 days after the
dissolution.".
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s. 23
(2) In section 61 of the Electoral Act 2002, for sub-
section (2) substitute--
"(2) A writ for a by-election for the election of a
member of the Assembly must be issued by
5 the Speaker within one month after the
occurrence of the vacancy.".
(3) In section 61(3) of the Electoral Act 2002 omit
"or President".
(4) In section 62 of the Electoral Act 2002, for
10 "Council must" substitute "choosing of a person
to fill the vacancy occurring in the Council under
section 27A of the Constitution Act 1975 must".
(5) In section 63(3) of the Electoral Act 2002, for "3"
substitute "7".
15 (6) In section 63 of the Electoral Act 2002, for sub-
section (5) substitute--
"(5) Subject to sub-section (6), the final
nomination day must be--
(a) in the case of the expiration of the
20 Assembly, 10 days after the expiration;
or
(b) in the case of the dissolution of the
Assembly, a day within the period
that--
25 (i) starts 10 days after the date of the
writ; and
(ii) ends 28 days after the date of the
writ.".
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(7) In section 63 of the Electoral Act 2002, for sub-
section (7) substitute--
"(7) The election day must be--
(a) unless paragraph (c) applies, if the
5 previous Assembly expired, the
Saturday nearest to the fourth
anniversary of the election day on
which the previous Assembly was
elected; or
10 (b) if the previous Assembly was
dissolved, a Saturday within the period
that--
(i) starts 15 days after the final
nomination day; and
15 (ii) ends 30 days after the final
nomination day; or
(c) if section 38A(2) of the Constitution
Act 1975 applies, the Saturday to
which the election day is postponed in
20 accordance with that section.".
(8) In section 65(1)(c) of the Electoral Act 2002, for
"province" substitute "region".
24. Nomination of candidates for Council elections
(1) In section 69(2) of the Electoral Act 2002, after
25 paragraph (a) insert--
"(aa) in the case of a candidate for a Council
election, specifies the suburb or locality in
which is located the address in respect of
which the candidate is enrolled; and".
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(2) In section 69(3) of the Electoral Act 2002, after
paragraph (a) insert--
"(aa) in the case of a candidate for a Council
election, specifies the suburb or locality in
5 which is located the address in respect of
which the candidate is enrolled; and".
(3) In section 69 of the Electoral Act 2002, for sub-
section (4) substitute--
"(4) There must be delivered with a nomination
10 form referred to in sub-section (2) or (3) the
sum of $350 paid in cash or by cheque drawn
on account of an authorised deposit-taking
institution within the meaning of the
Commonwealth Banking Act 1959.".
15 25. Council elections
After section 69 of the Electoral Act 2002
insert--
"69A. Grouping of candidates for Council
elections
20 (1) Two or more candidates for a Council
election may make a joint request to the
Commission that--
(a) their names be grouped on the ballot-
papers; or
25 (b) their names be grouped on the ballot-
papers in a specified order.
(2) The request must--
(a) be in writing; and
(b) be signed by each candidate; and
30 (c) be delivered to the Commission before
noon of the day before the final
nomination day.
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(3) 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 political
5 parties that endorsed the candidates, be
printed beneath the square in relation to the
group of candidates on the ballot-papers.
(4) A candidate's name may not be included in
more than one group.
10 (5) The Commission must not print the name of
a registered political party or a composite
name of the political parties if the candidates
fail to provide evidence that--
(a) they have been authorised by the
15 registered officer of the party to use
that name; or
(b) they have been authorised by the
registered officers of the political
parties to use that composite name.
20 69B. Group voting tickets
(1) Candidates who made a request under
section 69A may lodge with the Commission
a written statement that--
(a) they wish voters in the Council election
25 to indicate their preferences in relation
to all candidates in the Council election
in a specified order, being an order that
gives preferences to the candidates
lodging the statement before any other
30 candidate; or
(b) they wish voters in the Council election
to indicate their preferences in relation
to all candidates in the Council election
in either of 2 specified orders, being an
35 order that--
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(i) give preferences to the candidates
lodging the statement before any
other candidate; and
(ii) give the preferences to the
5 candidates lodging the statement
in the same order.
(2) Without limiting the generality of sub-
section (1)(a) or (1)(b), a statement for the
purposes of either sub-section (1)(a) or (1)(b)
10 may specify an order of preferences by
setting out the names of all the candidates in
the Council election in the groups, and in the
order, in which they would be set out in a
ballot-paper--
15 (a) with squares opposite to each name;
and
(b) with a number in each square showing
that order of preferences.
(3) If a group of candidates in a Council election
20 lodges a statement in accordance with this
section in relation to the Council election,
that group of candidates must be taken to
have a group voting ticket or 2 group voting
tickets, as the case requires, registered for the
25 purposes of the Council election, being the
order of preferences or the orders of
preferences given in that statement.
(4) If a group of candidates in a Council election
has a group voting ticket or 2 group voting
30 tickets registered for the purposes of that
election--
(a) the Commission must allocate a letter
of the alphabet to the group; and
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(b) a square in relation to the group must
be printed beneath the letter of the
alphabet allocated to the group; and
(c) if a request was made under section
5 69A(3), the name of the registered
political party or composite name of the
registered political parties, as the case
may be, must be printed beneath the
square in relation to the group.
10 (5) A statement lodged under sub-section (1)(a)
or (1)(b) must be--
(a) lodged with the Commission after the
election manager has determined the
order of the candidates and the groups
15 on the ballot-paper in accordance with
section 74 and before noon on the
second day after the final nomination
day; and
(b) signed--
20 (i) if all the members of the group
have been endorsed by the same
registered political party, by the
registered officer of the party; or
(ii) if the members of the group have
25 been endorsed by different
registered political parties, by the
registered officers of all those
parties; or
(iii) if neither paragraph (a) nor
30 paragraph (b) applies, by the
candidate whose name first
appears in the group on the ballot-
paper; or
(iv) in any other case, by a person
35 authorised by all the members of
the group by written instrument
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given to the Commission with the
nomination or nominations of
members of the group, to sign
such a statement on behalf of the
5 group.
(6) A group that lodges a statement under sub-
section (1)(b) must indicate in the statement
the order in which the voting tickets of the
group are to be displayed for the purposes of
10 section 73A.".
26. Failed elections
In section 72(1) of the Electoral Act 2002, in
paragraphs (a) and (b), after "candidate" insert
"for an Assembly election".
15 27. When election is required
In section 73 of the Electoral Act 2002, for sub-
section (1) substitute--
"(1) An election must be held if--
(a) there is more than one candidate for an
20 election in a district; or
(b) there are more than 5 candidates for an
election in a region.".
28. Group voting tickets to be displayed
After section 73 of the Electoral Act 2002
25 insert--
"73A. Group voting tickets to be displayed
(1) If a group voting ticket is, or group voting
tickets are, registered for the purposes of a
Council election, the Commission must
30 cause the ticket or the tickets to be
prominently displayed at the election day
voting centre in a manner determined by the
Commission.
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(2) If a group has 2 group voting tickets, the
tickets relating to that group must be
displayed in the order indicated in the
statement lodged by the group under section
5 69B(1)(b).".
29. Ballot-papers for the Assembly and the Council
(1) In section 74(1) of the Electoral Act 2002, after
"candidates" (where twice occurring) insert "or
groups of candidates".
10 (2) In section 74(3) of the Electoral Act 2002, after
"printed" insert "to be used in an Assembly
election".
(3) In section 74 of the Electoral Act 2002, after sub-
section (3) insert--
15 "(3A) The Commission must cause ballot-papers to
be printed to be used in a Council election
with the names of all the candidates at the
election and of no other persons, in the form
of Schedule 1A and in the order determined
20 by the election manager.
(3B) In printing the ballot-papers to be used in a
Council election--
(a) the names of candidates who have
made a request under section 69A(1)
25 must be printed in groups in accordance
with the request and before the names
of candidates who have not made such
a request; and
(b) the suburb or locality in which is
30 located the address in respect of which
each candidate is enrolled as specified
in each candidate's nomination form in
accordance with section 69(2)(aa) must
be printed beneath the name of the
35 relevant candidate; and
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(c) if a request was made under section
69A(3), the name of a registered
political party or the composite name
formed from the registered political
5 parties that endorsed the candidates
must be printed beneath the square in
relation to the group.".
30. Scrutineers
In section 76 of the Electoral Act 2002--
10 (a) in sub-section (1), for "province" substitute
"region";
(b) in sub-section (2), for "and 114" substitute
", 114 and 114A".
31. How-to-vote cards
15 (1) In section 77(4) of the Electoral Act 2002--
(a) in paragraph (b), before "that the how-to-
vote card" insert "in the case of a how-vote-
card to be used for an Assembly election,";
(b) after paragraph (b) insert--
20 "(ba) in the case of a how-to-vote card to be
used for a Council election, that the
how-to-vote card--
(i) indicates a voting preference for
one group in relation to which a
25 square is printed on the ballot-
paper under section 69B; or
(ii) indicates the order of voting
preference for at least 5 candidates
whose names are printed opposite
30 squares on the ballot-paper; or
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(iii) contains a statement to the effect
that--
(A) the number 1 must be placed
in the square in relation to
5 the group for which the
elector votes as first
preference; or
(B) the number 1 must be placed
opposite the name of the
10 candidate for whom the
elector votes has first
preference and at least the
numbers 2, 3, 4 and 5
opposite the names of
15 remaining candidates so as to
indicate by unbroken
numerical sequence the order
of preference of contingent
votes;".
20 (2) In section 79(4) of the Electoral Act 2002--
(a) in paragraph (b), before "that the how-to-
vote card" insert "in the case of a how-vote-
card to be used for an Assembly election,";
(b) after paragraph (b) insert--
25 "(ba) in the case of a how-to-vote card to be
used for a Council election, that the
how-to-vote card--
(i) indicates a voting preference for
one group in relation to which a
30 square is printed on the ballot-
paper under section 69B; or
(ii) indicates the order of voting
preference for at least 5 candidates
whose names are printed opposite
35 squares on the ballot-paper; or
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(iii) contains a statement to the effect
that--
(A) the number 1 must be placed
the square in relation to the
5 group for which the elector
votes as first preference; or
(B) the number 1 must be placed
opposite the name of the
candidate for whom the
10 elector votes has first
preference and at least the
numbers 2, 3, 4 and 5
opposite the names of
remaining candidates so as to
15 indicate by unbroken
numerical sequence the order
of preference of contingent
votes;".
(3) In section 79(7) of the Electoral Act 2002, in
20 paragraphs (a) and (b), for "province" substitute
"region".
(4) In section 81 of the Electoral Act 2002--
(a) in sub-section (1), for "province" substitute
"region";
25 (b) in sub-section (2)(b), for "province"
substitute "region".
32. Voting in Assembly elections
(1) In the heading to section 93 of the Electoral Act
2002, after "elector" insert "in Assembly
30 election".
(2) In section 93(1) of the Electoral Act 2002, after
"receiving a ballot-paper" insert "in accordance
with Schedule 2".
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33. Voting in Council elections
After section 93 of the Electoral Act 2002
insert--
"93A. How votes to be marked by elector in
5 Council election
(1) After receiving a ballot-paper in accordance
with Schedule 1A, an elector must mark the
elector's vote on the ballot-paper in
accordance with this section.
10 (2) An elector must mark the elector's vote on
the ballot-paper by placing--
(a) the number 1 in the square in relation to
the group for which the elector votes as
first preference; or
15 (b) the number 1 opposite the name of the
candidate for whom the elector votes
has first preference and at least the
numbers 2, 3, 4 and 5 opposite the
names of remaining candidates so as to
20 indicate by unbroken numerical
sequence the order of preference of
contingent votes.
(3) If an elector has marked a tick or cross in a
square printed on a ballot-paper in relation to
25 a group, the voter is taken to have placed the
number 1 in the square.
(4) If a candidate dies after the final nomination
day and before election day, and the number
of candidates remaining is greater than 5, a
30 ballot-paper is not deemed to be informal by
reason only of--
(a) the inclusion on the ballot-paper of the
name of the deceased candidate; or
(b) the marking of any consequential
35 number opposite that name.
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(5) Subject to sections 108 to 110, an elector
must, after marking the elector's vote on the
ballot-paper, deposit it in the ballot-box.".
34. Rejection of ballot-papers
5 In section 112(1) of the Electoral Act 2002--
(a) in paragraph (c), for "section 93." substitute
"section 93, in the case of an Assembly
election; or";
(b) after paragraph (c) insert--
10 "(d) if it is not marked in accordance with
section 93A, in the case of a Council
election.".
35. Formal Council ballot-papers
After section 112 of the Electoral Act 2002
15 insert--
"112A. Certain Council ballot-papers with non-
consecutive numbers to be formal
A ballot-paper in a Council election that--
(a) has, in not less than 5 of the squares
20 printed opposite the names of the
candidates, numbers in the sequence of
consecutive numbers starting with the
number 1; and
(b) would be informal by virtue of section
25 112(1)(d)--
is taken to be formal in relation to the
preferences marked on the ballot-paper by
numbers up to a break in the sequence.
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112B. Council ballot-papers deemed to be marked
according to group voting tickets
(1) For the purposes of section 114A, if--
(a) a ballot-paper in a Council election has
5 been marked in accordance with section
93A(2)(a) by a mark having been
placed in a square printed in relation to
a group; and
(b) the candidates in that group have only
10 1 group voting ticket registered for the
purposes of that election--
that ballot-paper is deemed to have been
marked in accordance with that ticket.
(2) For the purposes of section 114A, if--
15 (a) a ballot paper has, or ballot-papers
have, been marked in accordance with
section 93A(2)(a) by a mark having
been placed in a square in relation to a
group; and
20 (b) the candidates in that group have
2 group voting tickets registered for the
purposes of that election--
then--
(c) if the number of ballot-papers is an
25 even number, half of the ballot-papers
are to be taken to have been marked in
accordance with one of the tickets and
the other half in accordance with the
other ticket; or
30 (d) if the number of ballot-papers is not an
even number--
(i) one of the ballot-papers is to be
deemed to have been marked in
accordance with whichever of the
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2 tickets is drawn by lot in a
manner determined by the election
manager, either manually or by
computer; and
5 (ii) half the remainder (if any) of the
ballot-papers are to be taken to
have been marked in accordance
with one of the tickets and the
other half in accordance with the
10 other ticket.
(3) For the purposes of section 114A, if a ballot-
paper in a Council election--
(a) has been marked in accordance with
section 93A(2)(a) and section
15 93A(2)(b); and
(b) would not be informal by virtue of
section 112(2)(d) if it had been marked
only in accordance with section
93A(2)(a) or section 93A(2)(b)--
20 the ballot-paper is taken to have been marked
only in accordance with section 93A(2)(b).
(4) For the purposes of section 114A, if--
(a) an elector has attempted to vote in
accordance with section 93A(2)(a) and
25 with section 93A(2)(b); and
(b) the elector has validly marked the
ballot-paper only in accordance with
section 93A(2)(a); and
(c) the ballot-paper would not be informal
30 by virtue of section 112(2)(d) if it had
been marked only in accordance with
section 93A(2)(a)--
the ballot-paper is taken to have been marked
only in accordance with section 93A(2)(a).
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(5) For the purposes of section 114A, if--
(a) an elector has attempted to vote in
accordance with section 93A(2)(a) and
with section 93A(2)(b); and
5 (b) the elector has validly marked the
ballot-paper only in accordance with
section 93A(2)(b); and
(c) the ballot-paper would not be informal
by virtue of section 112(2)(d) if it had
10 been marked only in accordance with
section 93A(2)(b)--
the ballot-paper is taken to have been marked
only in accordance with section 93A(2)(b).".
36. Ascertaining votes for Assembly candidates
15 (1) In the heading to section 113 of the Electoral Act
2002, after "only" insert "for Assembly
election".
(2) In section 113(1) of the Electoral Act 2002,
before "election" insert "Assembly".
20 (3) In section 113(2) of the Electoral Act 2002, in
paragraph (a), after "ballot-box" insert
"containing ballot-papers used for an Assembly
election".
(4) In the heading to section 114 of the Electoral Act
25 2002, after "candidates" insert "for Assembly
election".
(5) In section 114(1) of the Electoral Act 2002,
before "election" insert "Assembly".
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37. Ascertaining votes for Council candidates
After section 114 of the Electoral Act 2002
insert--
'114A. Procedure for ascertaining number of votes
5 for Council candidates
(1) The result of a Council election is to be
determined as set out in this section.
(2) In this section--
"continuing candidate" means a candidate
10 not already elected or excluded from
the count;
"quota" means the number determined by
dividing the number of first preference
votes by 1 more than the number of
15 candidates required to be elected and by
increasing the quotient so obtained
(disregarding any remainder) by 1;
"surplus votes" means the number, if any,
of votes in excess of the quota of each
20 elected candidate.
(3) A reference to votes of or obtained or
received by a candidate includes votes
obtained or received by the candidate on any
transfer.
25 (4) Sub-sections (2) to (4) of section 113 are to
be followed as if a reference to the ballot-
box containing ballot-papers used for an
Assembly election were a reference to a
ballot-box containing ballot-papers used for
30 a Council election.
(5) A quota is to be determined.
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(6) Any candidate who has received a number of
first preference votes equal to or greater than
the quota is to be declared elected by the
election manager.
5 (7) Unless all the vacancies have been filled, the
surplus votes of each elected candidate are to
be transferred to the continuing candidates as
follows--
(a) the number of surplus votes of the
10 elected candidate is to be divided by the
number of first preference votes
received by the elected candidate and
the resulting fraction is the transfer
value;
15 (b) the total number of ballot-papers of the
elected candidate that express the first
preference vote for the elected
candidate and the next available
preference for a particular continuing
20 candidate is to be multiplied by the
transfer value;
(c) the number obtained under paragraph
(b) (disregarding any fraction) is to be
added to the number of first preference
25 votes of the continuing candidate and
all those ballot-papers are to be
transferred to the continuing candidate.
(8) Any continuing candidate who has received
a number of votes equal to or greater than the
30 quota on the completion of any transfer
under sub-section (7) is to be declared
elected by the election manager.
(9) Unless all the vacancies have been filled, the
surplus votes, if any, of any candidate
35 elected under sub-section (8) or elected
subsequently under this sub-section are to be
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transferred to the continuing candidates in
accordance with sub-section (7) and any
continuing candidate who has received a
number of votes equal to or greater than the
5 quota on the completion of the transfer is to
be declared elected by the election manager.
(10) If a continuing candidate has received a
number of votes equal to or greater than the
quota on the completion of a transfer of the
10 surplus votes of a particular elected
candidate under sub-section (7) or (9), no
votes of any other candidate are to be
transferred to the continuing candidate.
(11) For the purposes of the application of sub-
15 section (7) in relation to a transfer of the
surplus votes of an elected candidate under
sub-section (9) or (14), each ballot-paper of
the elected candidate obtained by the elected
candidate on a transfer is to be dealt with as
20 if--
(a) any vote it expressed for the elected
candidate were a first preference vote;
and
(b) the name of any other candidate
25 previously elected or excluded had not
been on the ballot-paper; and
(c) the numbers indicating subsequent
preferences had been altered
accordingly.
30 (12) If, after the counting of first preference votes
or the transfer of any surplus votes of elected
candidates, no candidate has, or less than the
number of candidates required to be elected
have, received a number of votes equal to the
35 quota, the candidate who has the fewest
votes is to be excluded and all that
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candidate's votes are to be transferred to the
continuing candidates as follows--
(a) the total number of ballot-papers of the
excluded candidate that express the first
5 preference vote for the excluded
candidate and the next available
preference for a particular continuing
candidate are to be transferred at a
transfer value of 1 for each ballot-paper
10 and added to the number of votes of the
continuing candidate and all those
ballot-papers are to be transferred to the
continuing candidate;
(b) the total number, if any, of other votes
15 obtained by the excluded candidate on
transfers are to be transferred from the
excluded candidate beginning with the
highest transfer value and ending with
the ballot papers received at the lowest
20 transfer value, as follows--
(i) the total number of ballot papers
received by the excluded
candidate at a particular transfer
value and expressing the next
25 available preference for a
particular continuing candidate is
to be multiplied by that transfer
value; and
(ii) the number so obtained
30 (disregarding any fraction) is to be
added to the number of votes of
the continuing candidate; and
(iii) all those ballot papers are to be
transferred to the continuing
35 candidate.
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(13) Any continuing candidate who has received
a number of votes equal to or greater than the
quota on the completion of a transfer of
votes of an excluded candidate under sub-
5 section (12) or (16) is to be declared elected
by the election manager.
(14) Subject to sub-section (15), unless all the
vacancies have been filled, the surplus votes,
if any, of a candidate elected under sub-
10 section (13) are to be transferred in
accordance with sub-section (7).
(15) If a candidate elected under sub-section (13)
is elected before all the votes of the excluded
candidate have been transferred, the surplus
15 votes, if any, of the elected candidate are not
to be transferred until the remaining votes of
the excluded candidate have been transferred
in accordance with sub-section (12) to
continuing candidates.
20 (16) Subject to sub-section (18), if after the
transfer of all the votes of an excluded
candidate no continuing candidate has
received a number of votes greater than the
quota--
25 (a) the continuing candidate who has the
fewest votes must be excluded; and
(b) that candidate's votes must be
transferred in accordance with sub-
section (12).
30 (17) If a candidate is elected as a result of a
transfer of ballot papers under sub-sections
(12) and (16), no other ballot papers of an
excluded candidate are to be transferred to
the candidate so elected.
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(18) In respect of the last vacancy for which
2 continuing candidates remain, the
continuing candidate who has the larger
number of votes is to be elected
5 notwithstanding that that number is below
the quota and if those candidates have an
equal number of votes the result is to be
determined by lot.
(19) Despite any other provision of this section, if
10 the number of continuing candidates is equal
to the number of remaining unfilled
vacancies, those candidates are to be
declared elected by the election manager.
(20) Subject to sub-sections (21), (22) and (23), if
15 after any count or transfer, 2 or more
candidates have surplus votes the order of
any transfers of the surplus votes of those
candidates is to be in accordance with the
relative size of the surpluses, the largest
20 surplus being transferred first.
(21) Subject to sub-section (23), if after any count
or transfer, 2 or more candidates have equal
surpluses, the order of any transfers of the
surplus votes of those candidates is to be in
25 accordance with the relative numbers of
votes of those candidates at the last count or
transfer at which each of those candidates
had a different number of votes, the surplus
of the candidate with the largest number of
30 votes at that count or transfer being
transferred first.
(22) For the purposes of sub-section (21), if there
has been no count or transfer the election
manager must determine the order in which
35 the surpluses are to be dealt with.
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(23) If after any count or transfer, a candidate
obtains surplus votes, those surplus votes are
not to be transferred before the transfer of
any surplus votes obtained by any other
5 candidate on an earlier count or transfer.
(24) If on any count or transfer 2 or more
candidates have the fewest number of votes
and the candidate who has the fewest number
of votes is required to be excluded, the result
10 is to be determined--
(a) by declaring whichever of those
candidates had the fewest votes at the
last count at which those candidates had
a different number of votes to be
15 excluded; or
(b) if a result is still not obtained or there
has been no count or transfer, by lot by
the returning officer.
(25) If on the final count or transfer 2 candidates
20 have an equal number of votes, the result is
to be determined--
(a) by declaring whichever of those
candidates had the fewest votes at the
last count or transfer at which those
25 candidates had a different number of
votes to be excluded; or
(b) if a result is still not obtained or there
has been no count, by lot by the
returning officer.
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s. 37
(26) If a candidate is elected by reason that--
(a) the number of first preference votes
received by the candidate; or
(b) the aggregate of first preference votes
5 received by the candidate and all other
votes obtained by the candidate on
transfers--
is equal to the quota, all the ballot-papers
expressing those votes are to be set aside as
10 finally dealt with.
(27) In any case in which section 93A(4) applies,
a vote marked on the ballot-paper opposite
the name of a deceased candidate must be
counted to the candidate next in order of the
15 voter's preference, and the numbers
indicating subsequent preferences shall be
taken to be altered accordingly.
(28) For the purposes of this section each of the
following constitutes a separate transfer--
20 (a) a transfer under sub-section (7), (9) or
(14) of all the surplus votes of an
elected candidate;
(b) a transfer in accordance with sub-
section (12)(a) of all first preference
25 votes of an excluded candidate;
(c) a transfer in accordance with sub-
section (12)(b) of all the votes of an
excluded candidate that were
transferred to that candidate from a
30 particular candidate.'.
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part 3--FURTHER amendment of the electoral act 2002
s. 38
38. Form of writ
For Schedule 1 to the Electoral Act 2002
substitute--
"SCHEDULE 1
5 FORM OF WRIT
STATE OF VICTORIA
To the Victorian Electoral Commission
I request that you cause--
[here insert an election or elections as the case requires] to be made
10 according to the law of [here insert one Member of the Legislative Assembly
for the Electoral District of (here insert name of District) or Members of the
Legislative Assembly to serve in the Legislative Assembly.]
elections to be made according to the law of Members of the Legislative
Council to serve in the Legislative Council.
15 I appoint the following dates for the purposes of the [election or elections, as
the case requires].
1. For the close of the roll the day of 20 .
2. For the final nomination day the day of 20 .
3. For holding the election at the different election day voting centres in
20 the event of the election or elections being contested, the day
of 20 .
4. For the return of the writ on or before the day of 20 .
[here insert the Governor's title or Speaker's title, as the case requires] at
[here insert place] the day of 20 .
Signature
_______________".
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part 3--FURTHER amendment of the electoral act 2002
s. 39
39. Form of ballot-paper for the Council
After Schedule 1 to the Electoral Act 2002
insert--
"SCHEDULE 1A
5 FORM OF BALLOT-PAPER FOR THE COUNCIL
For your vote to count, you must vote in either one of the two
ways described below.
Section 74(3A)
Place the
________ Ballot-paper
number 1 in
STATE OF
one, and one
D EITHER VICTORIA
only of these
________ A B C E
squares to
! ! ! !
I [Region] of
OR OR OR
indicate your
[4]
choice. 2 2 2 2
R
Election of 5
E members of
the
C Legislative
Council
T
I Place the
Ungrouped
________ numbers 1 to
! 13 ! 13 ! 13 ! 13 ! 13
O at least 5 in
OR these squares
! 13 ! 13 ! 13 ! 13 ! 13
N ________ to indicate
your choice.
S
! 13 ! 13 ! 13 ! 13 ! 13
! 13 ! 13 ! 13 ! 13
! 13 ! 13 ! 13 ! 13
! 13 ! 13 ! 13
1. Here insert name of a candidate.
10 2. Here insert name of registered political party or composite name of registered political
parties if so requested.
3. Here insert name of a registered political party if to be printed and the suburb or locality
of the candidate's address in respect of which the candidate is enrolled.
4. Here insert name of region.
_______________".
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s. 40
40. Form of ballot-paper for the Assembly
In Schedule 2 to the Electoral Act 2002--
(a) in the heading to Schedule 2, after
"BALLOT-PAPER" insert "FOR THE
5 ASSEMBLY";
(b) under the heading to Schedule 2 insert
"Section 74(3)";
(c) omit "[or Province]".
__________________
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part 4--consequential amendments
s. 41
PART 4--CONSEQUENTIAL AMENDMENTS
41. Electoral Boundaries Commission Act 1982
(1) In section 2 of the Electoral Boundaries
Commission Act 1982--
5 (a) omit the definition of "province";
(b) insert the following definition--
' "region" means electoral region for the
Legislative Council;'.
(2) In section 5 of the Electoral Boundaries
10 Commission Act 1982--
(a) in sub-section (1), for "provinces" (where
twice occurring) substitute "regions";
(b) in sub-section (2), for "provinces" substitute
"regions";
15 (c) in sub-section (3), for "provinces" (where
twice occurring) substitute "regions".
(3) In section 8(1) of the Electoral Boundaries
Commission Act 1982 omit "for the Legislative
Assembly and periodical elections for the
20 Legislative Council".
(4) In section 9(1) of the Electoral Boundaries
Commission Act 1982--
(a) for "province" substitute "region";
(b) after paragraph (a) insert--
25 "(aa) constituting a region with a boundary
enclosing an area contiguous with the
whole of the area of the electoral
districts that would constitute the
region;".
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(5) In section 9(2) of the Electoral Boundaries
Commission Act 1982--
(a) for "provinces" (where twice occurring)
substitute "regions";
5 (b) for "province" substitute "regions".
(6) In section 10A of the Electoral Boundaries
Commission Act 1982, for "province" (where
thrice occurring) substitute "region".
(7) In section 10B of the Electoral Boundaries
10 Commission Act 1982, for "province" substitute
"region".
(8) In section 11 of the Electoral Boundaries
Commission Act 1982, for "province" (where
twice occurring) substitute "region".
15 42. Section 14 of the Electoral Boundaries Commission
Act 1982 substituted
For section 14 of the Electoral Boundaries
Commission Act 1982 substitute--
"14. Commencement of first region divisions
20 (1) Despite anything in this Act and despite
section 27 of the Constitution Act 1975, on
the commencement of section 42 of the
Constitution (Parliamentary Reform) Act
2002, the boundaries of the regions referred
25 to by a number in the Schedule are deemed
to be substituted for the names and
boundaries of the provinces previously
published in the Government Gazette under
section 27 of the Constitution Act 1975 as
30 in force immediately before the
commencement of section 42 of the
Constitution (Parliamentary Reform) Act
2002.
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(2) Immediately after the commencement of
section 42 of the Constitution
(Parliamentary Reform) Act 2002, the
Commission must--
5 (a) divide the State of Victoria into the
regions referred to in the Schedule; and
(b) subject to sub-section (3), allocate a
name to each region.
(3) The Commission may before allocating a
10 name to each region invite submissions from
the public.
(4) The Commission must not later than 6 weeks
after the commencement of section 42 of the
Constitution (Parliamentary Reform) Act
15 2002--
(a) give the Minister a statement
containing the names of the regions;
and
(b) cause the statement to be published in
20 the Government Gazette.
(5) Within 14 days of receiving a statement
under sub-section (4), the Minister must
cause a copy of the statement--
(a) to be laid before each House of
25 Parliament if Parliament is then sitting;
and
(b) to be forwarded to each member of
Parliament.
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(6) The name allocated to a region in the
statement published in the Government
Gazette is deemed to be substituted in the
Schedule for the number of the region to
5 which the name is allocated as from the date
that the Government Gazette is published.
14A. Commencement of subsequent region
divisions
(1) Immediately after the day notified in the
10 Government Gazette under section 13 in
relation to a division of electors, the names
and boundaries of the electoral regions for
the Legislative Council specified in the
statement of the Commissioners deposited in
15 the Central Plan Office must be published in
the Government Gazette by the Victorian
Electoral Commission.
(2) After the names and boundaries of the
electoral regions are published in accordance
20 with sub-section (1), the names and
boundaries of electoral regions first so
published are deemed to be substituted for
the names and boundaries of the electoral
regions referred to in the Schedule and
25 thereafter the names and boundaries of
electoral regions published in accordance
with sub-section (1) are deemed to be
substituted for the names and boundaries of
the electoral regions previously published in
30 the Government Gazette under section 27 of
the Constitution Act 1975.".
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s. 43
43. Section 16 of the Electoral Boundaries Commission
Act 1982 substituted
For section 16 of the Electoral Boundaries
Commission Act 1982 substitute--
5 "16. Effect of division upon choosing person to
fill Council vacancy
Where, after the day notified in the
Government Gazette under section 13 in
relation to a division of electors and before
10 the day of dissolution or other lawful
determination of the Assembly occurring
next after that division, the seat of a member
for a region which was existing immediately
before that division becomes vacant, that
15 division does not affect the choosing of a
person to occupy the vacant seat in
accordance with section 27A of the
Constitution Act 1975.".
44. Further amendments to the Electoral Boundaries
20 Commission Act 1982
(1) In section 17(1) of the Electoral Boundaries
Commission Act 1982, for "provinces" substitute
"regions".
(2) After section 17(1) of the Electoral Boundaries
25 Commission Act 1982 insert--
"(2) As soon as practicable after the
commencement of section 42 of the
Constitution (Parliamentary Reform) Act
2002, the Victorian Electoral Commission
30 must cause new electoral rolls to be prepared
in accordance with the Electoral Act 2002
for the new electoral regions.".
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part 4--consequential amendments
s. 45
45. New Schedule inserted into the Electoral Boundaries
Commission Act 1982
After section 17 of the Electoral Boundaries
Commission Act 1982 insert--
5 "SCHEDULE
REGIONS
Region Boundary
1 Enclosing the districts of Bass, Frankston, Gembrook,
Gippsland East, Gippsland South, Hastings, Monbulk,
Mornington, Morwell, Narracan, Nepean
2 Enclosing the districts of Albert Park, Box Hill, Brunswick,
Essendon, Hawthorn, Ivanhoe, Kew, Melbourne, Northcote,
Prahran, Richmond
3 Enclosing the districts of Ballarat East, Ballarat West,
Bellarine, Geelong, Lara, Lowan, Melton, Polwarth, Ripon,
South Barwon, South-West Coast
4 Enclosing the districts of Bentleigh, Brighton, Burwood,
Carrum, Caulfield, Clayton, Malvern, Mordialloc, Mount
Waverley, Oakleigh, Sandringham
5 Enclosing the districts of Bulleen, Bundoora, Doncaster,
Eltham, Evelyn, Kilsyth, Mill Park, Preston, Thomastown,
Warrandyte, Yan Yean
6 Enclosing the districts of Benalla, Benambra, Bendigo East,
Bendigo West, Macedon, Mildura, Murray Valley, Rodney,
Seymour, Shepparton, Swan Hill
7 Enclosing the districts of Bayswater, Cranbourne,
Dandenong, Ferntree Gully, Forest Hill, Lyndhurst,
Mitcham, Mulgrave, Narre Warren South, Narre Warren
North, Scoresby
8 Enclosing the districts of Altona, Broadmeadows, Derrimut,
Footscray, Keilor, Kororoit, Niddrie, Pascoe Vale, Tarneit,
Williamstown, Yuroke
".
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s. 46
46. Constitution Act 1975
(1) In section 5 of the Constitution Act 1975--
(a) the definition of "province" is repealed;
(b) insert the following definition--
5 ' "region" means electoral region of the
Council;'.
(2) In section 24(2) of the Constitution Act 1975
omit "(whether or not the Council is dissolved
after he so ceases to be a member)".
10 (3) In the heading to subdivision (1) of Division 5 of
Part 2 of the Constitution Act 1975, for
"Provinces" substitute "Regions".
(4) In section 42 of the Constitution Act 1975, for
"province" substitute "region".
15 47. University of Ballarat Act 1993
In section 3 of the University of Ballarat Act
1993, in the definition of "Ballarat region", for
"province for the Legislative Council of Victoria
of Ballarat" substitute "districts for the
20 Legislative Assembly of Victoria of Ballarat East
and Ballarat West".
48. Geographic Place Names Act 1998
In section 4(a)(i) of the Geographic Place Names
Act 1998, for "province" substitute "region".
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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