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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Electoral Legislation (Further Amendment) Act
2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--ELECTORAL ACT 2002 3
3. Amendment of section 24--General postal voters 3
4. Amendment of section 44--Reference to registered officer to
include reference to deputy registered officer 3
5. New sections 58A to 58D inserted--Re-registration of
registered political party 3
58A. Registered political party must apply for re-registration 3
58B. Application for re-registration 4
58C. Political party not to be re-registered during election 5
58D. Re-registration 5
6. Amendment of section 60--Review of certain decisions 7
7. Division 5 of Part 5 substituted--How-to-vote cards 7
Division 5--How-to-vote Cards 7
77. Submission of how-to-vote cards to the election
manager 7
78. Submission of how-to-vote cards to the Commission 8
79. Registration process 9
80. Alterations to registered how-to-vote card to correct
error 10
81. Supply of how-to-vote cards 12
82. How-to-vote cards available for inspection 12
82A. Review of the Commission's decision 12
8. New section 97A inserted--Temporary suspension of voting
at an election day voting centre 13
97A. Temporary suspension of voting at an election day
voting centre 13
9. Section 98 substituted--Electors who may apply to vote early
or by post 14
98. Electors who may apply to vote early or by post 14
i
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Clause Page
10. Amendment of section 99--Application to vote early 15
11. Amendment of section 180--Refunds of deposits 15
12. Amendment of section 181--Appropriation of money 15
13. Repeal of spent provisions 15
PART 3--CONSTITUTION ACT 1975 16
14. Amendment of section 49--Public officers not to sit in
Parliament except as mentioned 16
15. Amendment of section 61--Holders of offices not to be
disqualified from election to Council or Assembly 16
PART 4--CONSTITUTION (PARLIAMENTARY REFORM)
ACT 2003 17
16. New section 25A inserted 17
25A. Amendment of section 58 17
17. Amendment of section 27 17
18. Section 34 substituted 18
34. How-to-vote cards 18
19. Amendment of section 40 20
20. New section 40A inserted 21
40A. Amendment of section 180 21
PART 5--LOCAL GOVERNMENT ACT 1989 22
21. Amendment of Schedule 3 22
ENDNOTES 23
ii
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
PARLIAMENT OF VICTORIA
Initiated in Assembly 20 April 2005
As amended by Assembly 17 May 2005
A BILL
to amend the Electoral Act 2002, the Constitution Act 1975, the
Constitution (Parliamentary Reform) Act 2003 and the Local
Government Act 1989 and for other purposes.
Electoral Legislation (Further
Amendment) Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Electoral
Act 2002, the Constitution Act 1975, the
Constitution (Parliamentary Reform) Act 2003
5
and the Local Government Act 1989 to improve
the operation of the electoral system in Victoria.
1
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 1--Preliminary
s. 2
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
2
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 3
See:
PART 2--ELECTORAL ACT 2002
Act No.
23/2002.
3. Amendment of section 24--General postal voters Reprint No. 1
as at
After section 24(1)(c) of the Electoral Act 2002 8 April 2003
and
insert-- amending
Act Nos
"(ca) an elector who has attained 70 years of age;
5 2/2003,
or". 91/2003,
114/2003,
10/2004,
4. Amendment of section 44--Reference to registered 85/2004 and
officer to include reference to deputy registered 108/2004.
LawToday:
officer www.dms.
dpc.vic.
In section 44(2) of the Electoral Act 2002 for
10 gov.au
"Part" substitute "Act".
5. New sections 58A to 58D inserted--Re-registration
of registered political party
After section 58 of the Electoral Act 2002
insert--
15
'58A. Registered political party must apply for
re-registration
(1) A registered political party must apply for
re-registration--
(a) not later than 30 June 2006; and
20
(b) during each subsequent relevant period.
(2) If a registered political party fails to comply
with sub-section (1)(b), the political party
cannot apply for re-registration within the
period of 6 months after the end of the
25
relevant period specified under that sub-
section.
(3) In this section, "relevant period" means the
period of 2 months beginning 27 months
before the next scheduled general election
30
and ending 25 months before the next
scheduled general election.
3
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Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 5
58B. Application for re-registration
An application for the re-registration of a
registered political party must--
(a) be in writing, signed by the secretary of
the registered political party; and
5
(b) set out the name of the registered
political party; and
(c) set out the name and address of the
person who is to be the registered
officer of the registered political party
10
for the purposes of this Act; and
(d) be accompanied by a copy of the
constitution (however described) of the
registered political party; and
(e) be accompanied by a statutory
15
declaration made by the secretary
stating that at least 500 members of the
registered political party are--
(i) electors; and
(ii) members in accordance with the
20
rules of the registered political
party; and
(iii) not members of another registered
political party or of a political
party applying for registration;
25
and
(f) be accompanied by a list, in a form
determined by the Commission, of the
names and addresses of at least
500 members of the registered political
30
party who meet the requirements set out
in paragraph (e); and
(g) be accompanied by a fee of 50 fee
units.
4
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 5
58C. Political party not to be re-registered
during election
During the period that starts on the day of the
issue of the writ for an election and ends on
the day on which the writ is returned--
5
(a) the Commission must not--
(i) consider an application made
under section 58B; or
(ii) re-register a registered political
party; and
10
(b) the Tribunal must not--
(i) review a decision made on an
application under section 58B; or
(ii) make an order in relation to an
application under section 58B.
15
58D. Re-registration
(1) If the Commission determines that a
registered political party that has applied for
re-registration may be re-registered, the
Commission must--
20
(a) re-register the registered political party
by entering in the Register of Political
Parties the date on which the
re-registration was approved;
(b) give written notice to the registered
25
political party that the Commission has
re-registered the political party; and
(c) publish notice of the re-registration of
the registered political party in the
Government Gazette.
30
5
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 5
(2) If the Commission determines that a
registered political party that has applied for
re-registration should not be re-registered,
the Commission must give the political party
written notice that its application has been
5
refused, setting out the reasons for the
refusal.
(3) If the Commission determines that a
registered political party that has applied for
re-registration should not be re-registered,
10
the Commission must after the specified day
cancel the particulars in the Register of
Political Parties that relate to that political
party.
(4) In sub-section (3), "specified day" means--
15
(a) if no application for review of the
decision of the Commission to not
re-register the registered political party
is made, the day which is the last day of
the period applicable under section
20
60(3); or
(b) if an application for review of the
decision of the Commission not to
re-register the registered political party
is made and the Tribunal affirms the
25
decision of the Commission, the day on
which the Commission makes the order
affirming the decision.
(5) If an application for review of the decision of
the Commission not to re-register the
30
registered political party is made and the
Tribunal sets aside the decision of the
Commission, the Commission must--
6
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 6
(a) re-register the registered political party
by entering in the Register of Political
Parties the date on which the
re-registration is to take effect;
(b) give written notice to the registered
5
political party that the Commission has
re-registered the political party; and
(c) publish notice of the re-registration of
the registered political party in the
Government Gazette.'.
10
6. Amendment of section 60--Review of certain
decisions
In section 60(1) of the Electoral Act 2002, in the
definition of "reviewable decision"--
(a) in paragraph (e) for "section 56(7)."
15
substitute "section 56(7); or";
(b) after paragraph (e) insert--
"(f) to refuse an application under
section 58B.".
7. Division 5 of Part 5 substituted--How-to-vote cards
20
For Division 5 of Part 5 of the Electoral Act 2002
substitute--
"Division 5--How-to-vote Cards
77. Submission of how-to-vote cards to the
election manager
25
(1) A person may submit a how-to-vote card to
the election manager for registration by the
Commission at any time within the period
that--
(a) starts on the first working day after the
30
final nomination day; and
7
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 7
(b) ends at noon on the 6th working day
before election day.
(2) A person submitting a how-to-vote card to
the election manager for registration by the
Commission must make a declaration in the
5
prescribed form.
(3) The election manager may provide such
assistance to an applicant as the election
manager considers appropriate before the
submission of the how-to-vote card to the
10
Commission for registration.
(4) The election manager must immediately
forward the how-to-vote card and the
declaration to the Commission.
78. Submission of how-to-vote cards to the
15
Commission
(1) The registered officer of a registered political
party or a person appointed by the registered
officer may submit a how-to-vote card to the
Commission for registration at any time
20
within the period that--
(a) starts on the first working day after the
final nomination day; and
(b) ends at noon on the 6th working day
before election day.
25
(2) A person submitting a how-to-vote card to
the Commission for registration must make a
declaration in the prescribed form.
(3) A how-to-vote card submitted under this
section must be either--
30
(a) a single how-to-vote card, that is, a
how-to-vote card submitted with
respect to one electoral district or
province only; or
8
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 7
(b) a multiple electorate how-to-vote card,
that is, a how-to-vote card submitted
with respect to no less than every
district or province for which the
registered political party submitting the
5
how-to-vote card has endorsed a
candidate.
(4) The Commission may provide such
assistance to an applicant as the Commission
considers appropriate before the submission
10
of the how-to-vote card to the Commission
for registration.
79. Registration process
(1) Before noon on the next day after receiving a
how-to-vote card from the applicant or an
15
election manager, the Commission must--
(a) register the how-to-vote card; or
(b) refuse to register the how-to-vote
card--
and inform the applicant of the
20
Commission's decision.
(2) In determining whether to register a how-to-
vote card, the Commission must have regard
to the following matters--
(a) that the how-to-vote card clearly
25
identifies the person, political party,
organisation or group on whose behalf
the card is to be distributed;
(b) that the size of any logo, emblem or
insignia belonging to the person,
30
political party, organisation or group on
whose behalf the card is to be
distributed appearing on the how-to-
vote card is not less than the relevant
prescribed size;
35
9
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 7
(c) that the how-to-vote card indicates the
order of voting preference for all
candidates listed on the card or contains
a statement that a number must be
placed against the name of each
5
candidate;
(d) that the how-to-vote card contains the
material required by section 83;
(e) that the how-to-vote card contains the
prescribed endorsement.
10
(3) The Commission must refuse to register a
how-to-vote card if the Commission is
satisfied that the card--
(a) is likely to mislead or deceive an
elector in casting the vote of the
15
elector; or
(b) is likely to induce an elector to mark
the vote of the elector otherwise than in
accordance with the directions on the
ballot-paper; or
20
(c) contains offensive or obscene material.
80. Alterations to registered how-to-vote card
to correct error
(1) This section applies if an alteration is
required to a registered how-to-vote card to
25
correct an error in the registered how-to-vote
card.
(2) If this section applies, the person who
applied for the registration of the how-to-
vote card may not later than noon on the
30
5th working day before the election day
submit an amended version of the registered
how-to-vote card to the Commission for
registration.
10
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 7
(3) Before noon on the next day after receiving
an application under sub-section (2), the
Commission must--
(a) register the amended version of the
registered how-to-vote card; or
5
(b) refuse to register the amended version
of the registered how-to-vote card--
and inform the applicant of the
Commission's decision.
(4) In determining whether to register an
10
amended version of a registered how-to-vote
card, the Commission must have regard to
the following matters--
(a) that the how-to-vote card clearly
identifies the person, political party,
15
organisation or group on whose behalf
the card is to be distributed;
(b) that the size of any logo, emblem or
insignia belonging to the person,
political party, organisation or group on
20
whose behalf the card is to be
distributed appearing on the how-to-
vote card is not less than the relevant
prescribed size;
(c) that the how-to-vote card indicates the
25
order of voting preference for all
candidates listed on the card or contains
a statement that a number must be
placed against the name of each
candidate;
30
(d) that the how-to-vote card contains the
material required by section 83;
(e) that the how-to-vote card contains the
prescribed endorsement.
11
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 7
(5) The Commission must refuse to register an
amended version of a registered how-to-vote
card if the Commission is satisfied that the
card--
(a) is likely to mislead or deceive an
5
elector in casting the vote of the
elector; or
(b) is likely to induce an elector to mark
the vote of the elector otherwise than in
accordance with the directions on the
10
ballot-paper; or
(c) contains offensive or obscene material.
(6) An amended version of a registered how-to-
vote card cannot be handed out, distributed
or otherwise made available unless it has
15
been registered under this section.
81. Supply of how-to-vote cards
If a how-to-vote card is registered under
section 79 or 80, the applicant must
immediately provide the Commission with
20
2 copies of the registered how-to-vote card.
82. How-to-vote cards available for inspection
As soon as practicable after registering a
how-to-vote card under section 79 or 80, the
Commission must make available a copy of
25
that card for inspection at the office of the
Commission.
82A. Review of the Commission's decision
(1) Any person may apply to the Tribunal for
review of the Commission's decision under
30
section 79 or 80 no later than noon on the
next working day after the Commission has
advised the applicant of that decision.
12
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 8
(2) The Tribunal must, not later than 5 p.m. on
the next working day after receiving an
application under sub-section (1)--
(a) determine the application; or
(b) give the applicant and the Commission
5
directions as to the changes required to
obtain registration by the
Commission.".
8. New section 97A inserted--Temporary suspension
of voting at an election day voting centre
10
After section 97 of the Electoral Act 2002
insert--
"97A. Temporary suspension of voting at an
election day voting centre
(1) Without limiting the generality of section 97,
15
the election manager of an election day
voting centre may temporarily suspend
voting for a period not exceeding 4 hours at
the election day voting centre if the election
manager considers that it is necessary to do
20
so because of--
(a) a riot or open violence; or
(b) a serious threat of a riot or open
violence occurring; or
(c) a storm, tempest, flood or other similar
25
event; or
(d) a health hazard; or
(e) a fire or the activation of a fire alarm or
fire safety equipment; or
13
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 9
(f) any other reason which the election
manager considers--
(i) may affect the safety of electors;
or
(ii) may interrupt or obstruct the
5
proper conduct of voting.
(2) The election manager must ensure that any
person who attends the election day voting
centre during the period that voting is
temporarily suspended is provided with
10
information to assist the person to vote
including--
(a) the time at which the election day
voting centre is expected to re-open;
(b) the location of other election day voting
15
centres.
(3) If for any reason the election day voting
centre can not be re-opened for voting on
election day, the Commission must adjourn
the holding of the election at the election day
20
voting centre in accordance with
section 97.".
9. Section 98 substituted--Electors who may apply to
vote early or by post
For section 98 of the Electoral Act 2002
25
substitute--
"98. Electors who may apply to vote early or
by post
For the purposes of this Division, a person
may make an application under section 99
30
or 101 if the person--
(a) will be unable to attend an election day
voting centre during the hours of voting
on election day; and
14
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Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 2--Electoral Act 2002
s. 10
(b) makes a declaration in the application
that the person will be unable to attend
an election day voting centre during the
hours of voting on election day.".
10. Amendment of section 99--Application to vote early
5
In section 99(1)(a) of the Electoral Act 2002 for
"2 p.m." substitute "4 p.m.".
11. Amendment of section 180--Refunds of deposits
After section 180(2) of the Electoral Act 2002
insert--
10
"(3) Subject to sub-section (2), the deposit paid
under section 69 must be refunded to--
(a) the person who paid the deposit; or
(b) the person authorised in writing by the
person who paid the deposit.".
15
12. Amendment of section 181--Appropriation of
money
(1) In section 181(1) of the Electoral Act 2002 for
"All" substitute "Subject to sub-section (1A), all".
(2) After section 181(1) of the Electoral Act 2002
20
insert--
"(1A) A deposit paid under section 69 must only be
paid into the Consolidated Fund if the
deposit has not been refunded in accordance
with section 180.".
25
13. Repeal of spent provisions
Sections 187 to 205 of the Electoral Act 2002 are
repealed.
__________________
15
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 3--Constitution Act 1975
s. 14
See: PART 3--CONSTITUTION ACT 1975
Act No.
8750.
14. Amendment of section 49--Public officers not to sit
Reprint No. 16
as at
in Parliament except as mentioned
8 April 2003
and
In section 49 of the Constitution Act 1975 for
amending
"Crown, or who is in any manner employed in the
5 Act Nos
2/2003,
public service of Victoria" substitute "Crown
37/2003,
(whether in right of Victoria or any other
39/2003,
66/2003,
capacity), or is in any manner employed in the
110/2003,
public service of Victoria or of the
38/2004,
39/2004,
Commonwealth".
10 73/2004,
108/2004 and
15. Amendment of section 61--Holders of offices not to
3/2005.
LawToday: be disqualified from election to Council or Assembly
www.dms.
dpc.vic.
In section 61 of the Constitution Act 1975 for
gov.au
"Crown or in any manner employed in the public
service of Victoria" substitute "Crown (whether
15
in right of Victoria or any other capacity) or in
any manner employed in the public service of
Victoria or of the Commonwealth".
__________________
16
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 4--Constitution (Parliamentary Reform) Act 2003
s. 16
See:
PART 4--CONSTITUTION (PARLIAMENTARY REFORM)
Act No.
ACT 2003 2/2003
and
amending
16. New section 25A inserted Act Nos
85/2004.
After section 25 of the Constitution Statute Book
(Parliamentary Reform) Act 2003 insert--
5 www.dms.
dpc.vic.
'25A. Amendment of section 58 gov.au
In section 58 of the Electoral Act 2002 for
"simultaneous election" substitute "general
election".'.
17. Amendment of section 27
10
After section 27(2) of the Constitution
(Parliamentary Reform) Act 2003 insert--
'(2A) For section 69(3)(b) of the Electoral Act
2002 substitute--
"(b) in the case of a candidate for an
15
Assembly election, is signed by the
candidate and by 6 persons entitled to
vote at the election for which the
candidate is nominated; and
(ba) in the case of a candidate for a Council
20
election, is signed by the candidate and
by 50 persons entitled to vote at the
election for which the candidate is
nominated; and".'.
17
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 4--Constitution (Parliamentary Reform) Act 2003
s. 18
18. Section 34 substituted
For section 34 of the Constitution
(Parliamentary Reform) Act 2003 substitute--
'34. How-to-vote cards
(1) In sections 78(3)(a) and 78(3)(b) of the
5
Electoral Act 2002 for "province"
substitute "region".
(2) In section 79(2) of the Electoral Act 2002--
(a) in paragraph (c), before "that the how-
to-vote card" insert "in the case of a
10
how-to-vote card to be used for an
Assembly election,";
(b) after paragraph (c) insert--
"(ca) in the case of a how-to-vote card
to be used for a Council election,
15
that the how-to-vote card--
(i) indicates a voting preference
for one group in relation to
which a square is printed on
the ballot-paper under
20
section 69B; or
(ii) indicates the order of voting
preference for all candidates
whose names are printed
opposite squares on the
25
ballot-paper; or
(iii) contains a statement to the
effect that--
(A) the number 1 must be
placed in the square in
30
relation to the group for
which the elector votes
as first preference; or
18
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 4--Constitution (Parliamentary Reform) Act 2003
s. 18
(B) the number 1 must be
placed opposite the
name of the candidate
for whom the elector
votes as first preference
5
and at least the
numbers 2, 3, 4 and 5
opposite the names of
the remaining
candidates so as to
10
indicate by unbroken
numerical sequence the
order of preference of
contingent votes;".
(3) In section 80(4) of the Electoral Act 2002--
15
(a) in paragraph (c), before "that the how-
to-vote card" insert "in the case of a
how-to-vote card to be used for an
Assembly election,";
(b) after paragraph (c) insert--
20
"(ca) 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
25
which a square is printed on
the ballot-paper under
section 69B; or
(ii) indicates the order of voting
preference for all candidates
30
whose names are printed
opposite squares on the
ballot-paper; or
19
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 4--Constitution (Parliamentary Reform) Act 2003
s. 19
(iii) contains a statement to the
effect that--
(A) the number 1 must be
placed in the square in
relation to the group for
5
which the elector votes
as first preference; or
(B) the number 1 must be
placed opposite the
name of the candidate
10
for whom the elector
votes as first preference
and at least the
numbers 2, 3, 4 and 5
opposite the names of
15
the remaining
candidates so as to
indicate by unbroken
numerical sequence the
order of preference of
20
contingent votes;".'.
19. Amendment of section 40
(1) In section 40 of the Constitution (Parliamentary
Reform) Act 2003, in the proposed section
114A(18) of the Electoral Act 2002 omit "and if
25
those candidates have an equal number of votes
the result is to be determined by lot".
(2) In section 40 of the Constitution (Parliamentary
Reform) Act 2003, for the proposed section
114A(25) of the Electoral Act 2002 substitute--
30
"(25) If on the final count or transfer 2 candidates
have an equal number of votes, the result is
to be determined by lot by the election
manager.".
20
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 4--Constitution (Parliamentary Reform) Act 2003
s. 20
20. New section 40A inserted
After section 40 of the Constitution
(Parliamentary Reform) Act 2003 insert--
'40A. Amendment of section 180
In section 180(1) of the Electoral Act
5
2002--
(a) in paragraph (e) for "election."
substitute "election; or";
(b) after paragraph (e) insert--
"(f) was not declared elected but was a
10
member of a group of candidates
at a Council election and the
combined first preference votes
received by all the candidates in
the group was at least 4% of the
15
total number of first preference
votes in the election.".'.
__________________
21
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Part 5--Local Government Act 1989
s. 21
See: PART 5--LOCAL GOVERNMENT ACT 1989
Act No.
11/1989.
21. Amendment of Schedule 3
Reprint No. 7
as at
(1) In Schedule 3 of the Local Government Act
31 July 2004
and
1989, for clause 10(g) substitute--
amending
Act Nos
5 "(g) if on the final count 2 candidates have an equal
92/1990,
number of votes, the result is to be determined by lot
109/2003,
by the returning officer.".
47/2004,
81/2004,
(2) In Schedule 3 of the Local Government Act
82/2004 and
108/2004.
1989, in clause 11B(18) omit "and if those
LawToday:
candidates have an equal number of votes the
www.dms.
10
dpc.vic.
result is to be determined by lot".
gov.au
(3) In Schedule 3 of the Local Government Act
1989, for clause 11B(25) substitute--
"(25) If on the final count or transfer 2 candidates have an
15 equal number of votes, the result is to be determined
by lot by the returning officer.".
22
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
Electoral Legislation (Further Amendment) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
23
551263B.A1-18/5/2005 BILL LA AS SENT 18/5/2005
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