Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Local Government Amendment (Elections) Bill
2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 1
PART 2--AMENDMENT OF THE LOCAL GOVERNMENT
ACT 1989 2
3 Amendment of section 3--Definitions 2
4 Amendment of section 11--Entitlements relating to
enrolment 3
5 Amendment of section 13-- Owner ratepayers entitled to
be enrolled without application 3
6 Amendment of section 14-- Owner ratepayers may apply
for enrolment 4
7 Amendment of section 15--Occupier ratepayers may apply
to be enrolled 4
8 Amendment of section 16--Provisions relating to corporations 4
9 Sections 17 and 18 substituted 5
17 Provisions relating to appointments and enrolments 5
10 Repeal of section 19--Notification of change or cessation of
entitlement 6
11 Amendment of section 20--Request that address not be
shown 6
12 Amendment of section 23A--Public notification and
exhibition 7
13 Amendment of section 24--Preparation of voters' rolls 9
14 Amendment of section 37--Extraordinary vacancy within
6 months before a general election 9
15 Amendment of section 38--By-elections 9
16 Amendment of section 40--Voting is compulsory 11
17 Amendment of section 41A--Election or poll by postal
voting 11
18 Amendment of section 55--Printing and publication of
electoral advertisements, handbills, pamphlets or notices 11
19 Amendment of section 55A--Misleading or deceptive matter 12
561281B.I-10/6/2008 i BILL LA INTRODUCTION 10/6/2008
Clause Page
20 Amendment of section 62--Return by candidate 12
21 Amendment of section 62B--Certain gifts not to be accepted 13
22 Amendment of section 68A--Resignation of Councillor 13
23 Amendment of section 70--Candidate for election 14
24 Amendment of section 193--Entrepreneurial powers 14
25 New section 238A inserted--False written declaration 15
238A False written declaration 15
26 Amendment of Schedule 2--Nominations 15
27 Amendment of clause 6 of Schedule 2--Validity of
candidature 16
28 Amendment of clause 14 of Schedule 2--Ballot-papers 16
29 Amendment of clause 11B of Schedule 3--2 or more
Councillors to be elected 17
30 Amendment of clause 14 of Schedule 3--Report on election
by returning officer 17
31 Repeal of clause 16 of Schedule 3--Request for a poll 17
32 Amendment of clause 17 of Schedule 3--Conduct of the poll 17
33 Clause 2 of Schedule 3A substituted 18
2 Exclusion of candidate 18
34 Amendment of clause 3 of Schedule 3A--Filling of multiple
vacancies 18
35 Clauses 4 to 7 of Schedule 3A substituted 18
4 Procedure if there are no eligible candidates 18
5 Procedure if there is only one eligible candidate 19
6 Procedure if there is more than one eligible candidate 19
7 Conduct of countback 20
7A Procedure if the countback fails 21
36 Amendment of clause 8 of Schedule 3A--Other matters 22
37 New clause 10 inserted in Schedule 3A--Counting of votes
at a countback 22
10 Counting of votes at a countback 22
38 Repeal of Part 3 of Schedule 3A--Alternative countback
procedure 23
PART 3--AMENDMENT OF THE CITY OF MELBOURNE
ACT 2001 24
39 Amendment of section 3--Definitions 24
40 Amendment of section 9A--Persons entitled to be enrolled
without application 24
41 Amendment of section 9C--Corporations 24
42 Amendment of section 9D--Procedure in relation to
representatives of corporations 24
43 Amendment of section 10--Request that address not be
shown 25
44 Amendment of section 11C--Public notification and
exhibition 25
561281B.I-10/6/2008 ii BILL LA INTRODUCTION 10/6/2008
Clause Page
45 Amendment of clause 8 of Schedule 1--Ballot-papers 26
46 Amendment of clause 10 of Schedule 1--Marking of votes 27
47 Amendment of Schedule 2--Form of ballot-paper 27
48 New Schedule 3 inserted--Form of ballot-paper (20 or more
groups) 27
SCHEDULE 3--Form of Ballot-Paper (20 or more groups) 28
PART 4--REPEAL OF AMENDING ACT 30
49 Repeal of amending Act 30
ENDNOTES 31
561281B.I-10/6/2008 iii BILL LA INTRODUCTION 10/6/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Local Government Amendment
(Elections) Bill 2008
A Bill for an Act to amend the Local Government Act 1989 and the
City of Melbourne Act 2001 to facilitate the holding of local
government elections and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to amend the Local
Government Act 1989 and the City of
5 Melbourne Act 2001 to facilitate the holding of
local government elections.
2 Commencement
This Act comes into operation on 15 August 2008.
__________________
561281B.I-10/6/2008 1 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 3
PART 2--AMENDMENT OF THE LOCAL GOVERNMENT
ACT 1989
3 Amendment of section 3--Definitions
See: (1) In section 3(1) of the Local Government Act
Act No.
5 11/1989. 1989, in the definition of corporation--
Reprint No. 9
as at (a) paragraph (b) is repealed;
1 April 2007
and (b) after "this Act" insert "or any public
amending
Act Nos statutory corporation constituted by or under
26/2007 and any law of the State of Victoria, any other
2/2008.
10 LawToday: State or Territory of the Commonwealth or
www. the Commonwealth".
legislation.
vic.gov.au (2) In section 3(1) of the Local Government Act
1989, in the definition of election period for
"entitlement date" substitute "last day on which
15 nominations for that election can be received".
(3) In section 3(1) of the Local Government Act
1989, in the definition of person after
paragraph (b) insert--
"or
20 (c) any public statutory corporation constituted
by or under any law of the State of Victoria,
any other State or Territory of the
Commonwealth or the Commonwealth;".
(4) In section 3(1) of the Local Government Act
25 1989, for the definition of public notice
substitute--
"public notice means a notice published in a
newspaper generally circulating in the
municipal district of the Council chosen for
30 the purpose by--
(a) if the notice is required to be given by
the Council, the Council;
561281B.I-10/6/2008 2 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 4
(b) if the notice is required to be given by
the Registrar, the Registrar;
(c) if the notice is required to be given by
the returning officer, the returning
5 officer;".
(5) In section 3(1) of the Local Government Act
1989, in the definition of rateable property after
"land" insert "but does not include an occupancy
that is used, or is intended to be used, for the sole
10 purpose of--
(a) parking a single motor vehicle within the
meaning of section 3(1) of the Road Safety
Act 1986; or
(b) mooring a single vessel within the meaning
15 of section 3(1) of the Marine Act 1988".
4 Amendment of section 11--Entitlements relating to
enrolment
For sections 11(5)(c) and 11(5)(d) of the Local
Government Act 1989 substitute--
20 "(c) the person is appointed to vote on behalf of a
corporation under section 16 and the
application for appointment--
(i) complies with subsection (6); and
(ii) is accepted in accordance with this
25 Division.".
5 Amendment of section 13--Owner ratepayers
entitled to be enrolled without application
(1) In section 13(1)(c) of the Local Government Act
1989 for "a ward" substitute "the municipal
30 district".
(2) In section 13(1)(d) of the Local Government Act
1989 for "that rateable property" substitute "the
municipal district".
561281B.I-10/6/2008 3 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 6
(3) In section 13(7) of the Local Government Act
1989 for "the Council" (where secondly
occurring) substitute "the Chief Executive
Officer".
5 6 Amendment of section 14--Owner ratepayers may
apply for enrolment
In section 14(1)(c) of the Local Government Act
1989 for "a ward" substitute "the municipal
district".
10 7 Amendment of section 15--Occupier ratepayers
may apply to be enrolled
(1) In section 15(1)(c) of the Local Government Act
1989 after "any rateable property" insert "in the
municipal district".
15 (2) In section 15(6) of the Local Government Act
1989 for "the Council" (where secondly
occurring) substitute "the Chief Executive
Officer".
8 Amendment of section 16--Provisions relating to
20 corporations
(1) In section 16(1) of the Local Government Act
1989 for "a ward and is liable to pay the rates in
respect of that rateable property" substitute
"the municipal district".
25 (2) In section 16(1) of the Local Government Act
1989 for "may appoint" substitute "may apply to
appoint".
(3) In section 16(2) of the Local Government Act
1989 for "the owner of any rateable property in a
30 ward jointly with any other person or persons and
is liable to pay the rates in respect of that rateable
property" substitute "a joint owner of any
rateable property in the municipal district".
(4) In section 16(4) of the Local Government Act
35 1989 for "(3)" substitute "(2)".
561281B.I-10/6/2008 4 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 9
(5) In sections 16(5) and 16(8) of the Local
Government Act 1989 for "a ward" substitute
"the municipal district".
(6) In section 16(5) of the Local Government Act
5 1989 omit "with any other person or persons".
(7) In section 16(9) of the Local Government Act
1989--
(a) for "An appointment under subsection (1)
and an application for a person to be enrolled
10 for the purposes of subsection (2) or (5)"
substitute "An application for a person to be
appointed under this section";
(b) in paragraph (a) after "company secretary"
insert "(however styled)".
15 (8) In section 16(10)(a)(i) of the Local Government
Act 1989 after "company secretary" insert
"(however styled)".
9 Sections 17 and 18 substituted
For sections 17 and 18 of the Local Government
20 Act 1989 substitute--
"17 Provisions relating to appointments and
enrolments
(1) On receiving notice of an appointment under
section 13(5), 13(6) or 16 or an application
25 for enrolment under section 14 or 15, the
Chief Executive Officer must enrol the
person unless the Chief Executive Officer
believes that the person is not entitled to be
enrolled.
561281B.I-10/6/2008 5 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 10
(2) If the Chief Executive Officer believes the
person is not entitled to be enrolled, the
Chief Executive Officer must--
(a) refuse to enrol the person; and
5 (b) advise the person who submitted the
notice of appointment or application for
enrolment of the refusal in writing and
give the person the reason for the
refusal.
10 (3) The Chief Executive Officer may either
orally or in writing, request any person or
corporation to provide information to enable
the Chief Executive Officer to determine the
eligibility of a person to be enrolled.
15 (4) If a request under subsection (3) is made in
writing, the Chief Executive Officer may
require the information to be given in writing
and signed by the person giving the
information.
20 (5) A person must not knowingly give
information in writing under subsection (4)
which is false.
Penalty: 20 penalty units.".
10 Repeal of section 19--Notification of change or
25 cessation of entitlement
Section 19 of the Local Government Act 1989 is
repealed.
11 Amendment of section 20--Request that address not
be shown
30 In section 20(1) of the Local Government Act
1989 after "A person" insert "who is entitled as a
ratepayer to be enrolled on the voters' roll under
section 13, 14, 15 or 16".
561281B.I-10/6/2008 6 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 12
12 Amendment of section 23A--Public notification and
exhibition
(1) In section 23A(1)(a) of the Local Government
Act 1989 for "must" substitute "can".
5 (2) For sections 23A(1)(b) and 23A(1)(c) of the Local
Government Act 1989 substitute--
"(b) if a corporation has exercised an entitlement
under section 16, give a letter to the
corporation specifying that the enrolment of
10 the person on the voters' roll to represent the
corporation will cease to have effect on the
entitlement date and that if still entitled, an
application to renew the enrolment can be
made under section 16.".
15 (3) For section 23A(2) of the Local Government Act
1989 substitute--
"(2) The Chief Executive Officer must send a
letter not later than the date specified for the
publishing of the public notice under
20 subsection (5) after the commencement of
the Local Government Amendment
(Elections) Act 2008 to--
(a) each person who was enrolled on the
voters' roll under section 13 for the last
25 general election before the
commencement of the Local
Government Amendment (Elections)
Act 2008 who will not be entitled to be
enrolled on the voters' roll under
30 section 13 for the next general election
only because of the amendments made
to this Act by the Local Government
Amendment (Elections) Act 2008; and
561281B.I-10/6/2008 7 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 12
(b) each corporation that has exercised a
right of entitlement under section 16(1)
or 16(2) to appoint a voting
representative before the
5 commencement of the Local
Government Amendment (Elections)
Act 2008 the appointment of which will
cease to have effect only because of the
amendments made to this Act by the
10 Local Government Amendment
(Elections) Act 2008--
specifying the changes and any relevant
entitlements and requirements for
enrolment.".
15 (4) In section 23A(4) of the Local Government
Act 1989 for "In" substitute "Subject to
subsection (4A), in".
(5) After section 23A(4) of the Local Government
Act 1989 insert--
20 "(4A) Despite subsection (4), in the case of a
by-election or a poll of voters, the Registrar
may decide to prepare an exhibition roll in
accordance with section 23 to be used for the
purposes of this section and section 24
25 prepared as at a date since the entitlement
date for the last general election.
(4B) If subsection (4A) applies, the Registrar
must--
(a) specify the date as at which the
30 Victorian Electoral Commission and
the Chief Executive Officer are to
provide voters' lists under sections 21
and 22; and
(b) include the date specified under
35 paragraph (a) on the exhibition roll.".
561281B.I-10/6/2008 8 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 13
(6) For section 23A(6) of the Local Government Act
1989 substitute--
"(6) The Registrar must ensure that the exhibition
roll is available for inspection by members of
5 the public for the period of 5 working days
ending at 4 p.m. on the entitlement date.".
13 Amendment of section 24--Preparation of voters'
rolls
After section 24(2) of the Local Government Act
10 1989 insert--
"(2A) In the case of a by-election, a voters' roll for
a ward must not include a person enrolled on
the voters' roll prepared for the last general
election for another ward unless--
15 (a) the person's primary place of residence
is in the ward in respect of which the
voters' roll is being prepared; or
(b) the person has ceased to have a right of
entitlement to be enrolled in respect of
20 that other ward.".
14 Amendment of section 37--Extraordinary vacancy
within 6 months before a general election
At the end of section 37 of the Local
Government Act 1989 insert--
25 "(2) If the Council decides to fill an extraordinary
vacancy which occurs within 6 months
before a general election, the Chief
Executive Officer must notify the Minister of
that decision within 3 working days of the
30 Council making the decision.".
15 Amendment of section 38--By-elections
(1) In section 38(1) of the Local Government Act
1989 for "An" substitute "Unless subsection
(1AA) applies, an".
561281B.I-10/6/2008 9 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 15
(2) After section 38(1A) of the Local Government
Act 1989 insert--
"(1AA) For the purposes of determining when the
period under subsection (1) commences, the
5 extraordinary vacancy is to be taken to have
occurred--
(a) if the extraordinary vacancy occurs
within 6 months before a general
election, on the date that the Council
10 decides to fill the vacancy under
section 37; or
(b) if the returning officer determines that
the extraordinary vacancy cannot be
filled by a countback under
15 Schedule 3A, on the date on which the
returning officer makes that
determination.
(1AB) Despite subsection (1), if the Minister
considers that the process for holding an
20 election to fill an extraordinary vacancy
would be adversely affected by the
Christmas and New Year holiday period if
the date of the election was fixed in
accordance with that subsection, the Minister
25 may fix a date for the holding of the election
on a day which is a Saturday not later than
the 150th day after the extraordinary vacancy
and is as soon as is reasonably practicable.
(1AC) For the purposes of subsection (1AB), the
30 Minister--
(a) may specify as the entitlement date a
date which is more than 57 days before
the date of the election;
(b) must publish the date of the election
35 and the entitlement date in the
Government Gazette.".
561281B.I-10/6/2008 10 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 16
16 Amendment of section 40--Voting is compulsory
In section 40(1) of the Local Government Act
1989 after "voters' roll" insert "as a resident under
section 12".
5 17 Amendment of section 41A--Election or poll by
postal voting
(1) In section 41A(1) of the Local Government
Act 1989 for "A" substitute "Subject to
subsections (2A) and (2B), a".
10 (2) After section 41A(2) of the Local Government
Act 1989 insert--
"(2A) Voting at a general election must be
conducted by the same means, whether
attendance or postal voting, as the previous
15 general election was conducted unless the
Council has decided at least 8 months before
the election day to change the means of
conducting the voting.
(2B) Voting at a by-election must be conducted by
20 the same means, whether attendance or
postal voting, as the previous general
election was conducted unless the Council
has decided not later than 7 days after the
extraordinary vacancy occurred to change
25 the means of conducting the voting.".
(3) Section 41A(3A) of the Local Government Act
1989 is repealed.
18 Amendment of section 55--Printing and publication
of electoral advertisements, handbills, pamphlets or
30 notices
After section 55(3) of the Local Government Act
1989 insert--
"(4) For the purposes of subsection (1), address
does not include a post office box.".
561281B.I-10/6/2008 11 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 19
19 Amendment of section 55A--Misleading or
deceptive matter
In section 55A of the Local Government Act
1989--
5 (a) in subsection (1)--
(i) omit "during the election period";
(ii) for "an elector" substitute "a voter";
(b) in subsection (2)--
(i) omit "during the election period";
10 (ii) for "that election" substitute
"an election".
20 Amendment of section 62--Return by candidate
For section 62(6) of the Local Government Act
1989 substitute--
15 "(6) In this section, donation period means the
period commencing on whichever is the later
of--
(a) 30 days after the last general election
for the Council; or
20 (b) 30 days after the last election for the
Council at which the person required to
give the election campaign donation
return was a candidate--
and ending 30 days after election day in the
25 current election for the Council.".
561281B.I-10/6/2008 12 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 21
21 Amendment of section 62B--Certain gifts not to be
accepted
For section 62B(7) of the Local Government Act
1989 substitute--
5 "(7) In this section, donation period means the
period commencing on whichever is the later
of--
(a) 30 days after the last general election
for the Council; or
10 (b) 30 days after the last election for the
Council at which the person required to
give the election campaign donation
return was a candidate--
and ending 30 days after election day in the
15 current election for the Council.".
22 Amendment of section 68A--Resignation of
Councillor
(1) After section 68A(2) of the Local Government
Act 1989 insert--
20 "(2A) A Councillor may specify in his or her
resignation that they will continue in office
until the result of the by-election or
countback is declared.
(2B) A Councillor who has resigned cannot
25 continue in office after the result of the
by-election or countback is declared.".
(2) Section 68A(5) of the Local Government Act
1989 is repealed.
561281B.I-10/6/2008 13 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 23
23 Amendment of section 70--Candidate for election
(1) After section 70(2) of the Local Government Act
1989 insert--
"(2A) In addition to subsection (2), if a person who
5 has been a Councillor of a Council ceased to
be a Councillor of that Council because--
(a) the person failed to take the oath of
office as required by section 63; or
(b) the person was absent from
10 4 consecutive ordinary meetings of
the Council without leave obtained
from the Council; or
(c) the Minister has made an order under
section 85(6) in respect of that
15 person--
the person cannot nominate as a candidate
for an election for that Council to be held
during the period ending 4 years after the
person ceased to be a Councillor of that
20 Council.
(2B) Subsection (2A) applies in respect of any
person who ceases to be a Councillor
because of a ground specified in that
subsection on or after the commencement
25 of section 23 of the Local Government
Amendment (Elections) Act 2008.".
(2) In section 70(6) of the Local Government Act
1989 after "(2)," insert "(2A),".
24 Amendment of section 193--Entrepreneurial
30 powers
Section 193(8) of the Local Government Act
1989 is repealed.
561281B.I-10/6/2008 14 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 25
25 New section 238A inserted--False written
declaration
After section 238 of the Local Government Act
1989 insert--
5 "238A False written declaration
A person who is required to make a written
declaration by or under this Act or the
regulations as a candidate, scrutineer or voter
or as a person submitting a how-to-vote card
10 must not knowingly make a declaration
which is false.
Penalty: 20 penalty units.".
26 Amendment of Schedule 2--Nominations
(1) In clauses 3(2), 7(1), 9(1), 9(2), 10(2)(a),
15 10(4) and 14(2) of Schedule 2 to the Local
Government Act 1989 for "31st" substitute
"32nd".
(2) In clauses 3(2), 7(1), 10(2)(a) and 14(2) of
Schedule 2 to the Local Government Act 1989
20 for "4 p.m." substitute "12 noon".
(3) In clause 9(2) of Schedule 2 to the Local
Government Act 1989 for "4 p.m." (where first
occurring) substitute "12 noon".
(4) After clause 5(1) of Schedule 2 to the Local
25 Government Act 1989 insert--
"(1A) Unless subclause (1B) applies, a candidate
must sign the declaration referred to in
subclause (1)(c) in the presence of the
returning officer.
561281B.I-10/6/2008 15 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 27
(1B) If a candidate is unable to sign the
declaration referred to in subclause (1)(c) in
the presence of the returning officer, the
candidate must provide with the declaration
5 a statutory declaration specifying that he or
she--
(a) is nominating;
(b) has personally signed the declaration;
(c) is unable to sign the declaration in the
10 presence of the returning officer and the
reason or reasons why he or she is
unable to do so.".
27 Amendment of clause 6 of Schedule 2--Validity of
candidature
15 For clause 6(3A) of Schedule 2 to the Local
Government Act 1989 substitute--
"(3A) The returning officer must reject as being
void a nomination from a person who is not
enrolled on the voters' roll for the
20 municipality unless the nomination is
accompanied by a statutory declaration
stating--
(a) that the person is entitled to be enrolled
being an entitlement other than under
25 section 12(1) or 12(2);
(b) the grounds on which he or she claims
to be entitled;
(c) what steps he or she has taken to be
enrolled.".
30 28 Amendment of clause 14 of Schedule 2--
Ballot-papers
In clause 14(2) of Schedule 2 to the Local
Government Act 1989 after "by lot" insert
"whether manually or by electronic means".
561281B.I-10/6/2008 16 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 29
29 Amendment of clause 11B of Schedule 3--2 or more
Councillors to be elected
For clause 11B(27)(c) of Schedule 3 to the Local
Government Act 1989 substitute--
5 "(c) a transfer in accordance with subclause
(12)(b) of all the votes of an excluded
candidate or candidates, as the case may be,
at a particular transfer value.".
30 Amendment of clause 14 of Schedule 3--Report on
10 election by returning officer
(1) For clause 14(1) of Schedule 3 to the Local
Government Act 1989 substitute--
"(1) The returning officer must prepare a report to
the Chief Executive Officer on the conduct
15 of the election within the period of 3 months
after election day.".
(2) For clause 14(3) of Schedule 3 to the Local
Government Act 1989 substitute--
"(3) The Chief Executive Officer must ensure
20 that the report is submitted to the Council at
the earliest practicable meeting of the
Council held after the report is received by
the Chief Executive Officer.".
31 Repeal of clause 16 of Schedule 3--Request for a
25 poll
Clause 16 of Schedule 3 to the Local
Government Act 1989 is repealed.
32 Amendment of clause 17 of Schedule 3--Conduct of
the poll
30 (1) For clause 17(1)(c) of Schedule 3 to the Local
Government Act 1989 substitute--
"(c) a scrutineer may be appointed in writing by
the Minister or the Chief Executive
Officer;".
561281B.I-10/6/2008 17 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 33
(2) In clause 17(1)(d) of Schedule 3 to the Local
Government Act 1989 after "notify" insert "the
Minister and".
33 Clause 2 of Schedule 3A substituted
5 For clause 2 of Schedule 3A to the Local
Government Act 1989 substitute--
"2 Exclusion of candidate
(1) The returning officer must exclude from
participation in a countback any candidate
10 which the returning officer knows has died
or has otherwise ceased to be eligible to be
elected as a Councillor.
(2) An exclusion under subclause (1) may be
made--
15 (a) before the public notice is published
under clause 6; or
(b) after the public notice is published
under clause 6 unless the countback
procedure has been commenced.".
20 34 Amendment of clause 3 of Schedule 3A--Filling of
multiple vacancies
In clause 3(4) of Schedule 3A to the Local
Government Act 1989 for "clauses 2(1) and (2)"
substitute "clause 6".
25 35 Clauses 4 to 7 of Schedule 3A substituted
For clauses 4 to 7 of Schedule 3A to the Local
Government Act 1989 substitute--
"4 Procedure if there are no eligible
candidates
30 If there are no eligible candidates, the
countback fails and clause 7A applies.
561281B.I-10/6/2008 18 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 35
5 Procedure if there is only one eligible
candidate
(1) This clause applies if there is only one
eligible candidate.
5 (2) The returning officer must invite in writing
the candidate to complete a written
declaration specifying that the candidate is
still eligible to be a Councillor.
(3) A written declaration under subclause (2)
10 must be given to the returning officer within
14 days of the date of the written invitation.
(4) If the candidate complies with this clause,
the returning officer must declare the
candidate elected in accordance with
15 clause 17.
(5) If the candidate does not comply with this
clause, the countback fails and clause 7A
applies.
6 Procedure if there is more than one
20 eligible candidate
(1) This clause applies if there is more than one
eligible candidate.
(2) Within 14 days of the extraordinary vacancy
occurring, the returning officer must--
25 (a) publish a public notice in accordance
with subclause (3); and
(b) give written notice in accordance with
subclause (3) to each eligible candidate
at their last known address.
561281B.I-10/6/2008 19 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 35
(3) The public notice and the written notice must
specify--
(a) the date, time and place for the conduct
of the countback;
5 (b) that an eligible candidate is entitled to
appoint scrutineers for the countback;
(c) the contact details of the returning
officer.
(4) The date for the conduct of the countback
10 must be the date which is at least 14 days
after the date of the public notice which in
the opinion of the returning officer is the
earliest practicable date to conduct the
countback.
15 (5) The countback must be conducted in
accordance with Part 2.
7 Conduct of countback
(1) The returning officer must make reasonable
efforts to notify the candidate who would be
20 declared elected as a result of the countback
and invite the candidate to complete a
written declaration within 48 hours that the
candidate is still eligible to become a
Councillor.
25 (2) If the candidate completes the written
declaration under subclause (1), clause 17
applies.
(3) If the candidate does not complete the
written declaration under subclause (1), a
30 further count is to be conducted as soon as is
practicable after the period in subclause (1)
has expired until--
(a) a candidate who would be declared
elected as a result of the countback and
35 is invited to complete a written
561281B.I-10/6/2008 20 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 35
declaration within 48 hours that the
candidate is still eligible to become a
Councillor does so; or
(b) if there is only one candidate
5 remaining, the candidate is invited to
complete a written declaration within
48 hours that the candidate is still
eligible to become a Councillor and
does so; or
10 (c) there are no eligible candidates
remaining.
(4) For the purposes of the application of
subclause (3), each time the process is
repeated, the preferences for any candidate
15 who has failed to complete the written
declaration when invited to do so are
excluded in the countback.
(5) If subclause (3)(a) or (3)(b) applies, clause
17 applies.
20 (6) If subclause (3)(c) applies, the countback has
failed and clause 7A applies.
7A Procedure if the countback fails
(1) If the countback fails or the returning officer
is otherwise unable to fill the extraordinary
25 vacancy by a countback--
(a) the returning officer must notify the
Chief Executive Officer;
(b) a by-election must be held to fill the
extraordinary vacancy.
30 (2) Despite clause 3(1), by-elections to fill 2 or
more vacancies may be held at the same
time.".
561281B.I-10/6/2008 21 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 36
36 Amendment of clause 8 of Schedule 3A--Other
matters
In clause 8 of Schedule 3A to the Local
Government Act 1989 for ", 17 and 25(2)"
5 substitute "and 17".
37 New clause 10 inserted in Schedule 3A--Counting of
votes at a countback
Before clause 11 of Schedule 3A to the Local
Government Act 1989 insert--
10 "10 Counting of votes at a countback
(1) The returning officer may count the votes at
a countback manually or by the use of
electronic counting equipment and systems.
(2) The returning officer must not use electronic
15 counting equipment and systems unless the
returning officer, after conducting any tests
for the purpose that the returning officer
considers appropriate, certifies in writing
that--
20 (a) the electronic form of the ballot-papers
is an accurate copy of all the ballot-
papers on which a vote was cast in the
relevant election; and
(b) the countback can be conducted using
25 electronic counting equipment and
systems.
(3) If the countback is conducted using
electronic counting equipment and systems,
the returning officer may modify the process
30 applying under clauses 11 to 16 to the extent
necessary to facilitate the use of the
electronic counting equipment and systems.".
561281B.I-10/6/2008 22 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 2--Amendment of the Local Government Act 1989
s. 38
38 Repeal of Part 3 of Schedule 3A--Alternative
countback procedure
Part 3 of Schedule 3A to the Local Government
Act 1989 is repealed.
__________________
561281B.I-10/6/2008 23 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 3--Amendment of the City of Melbourne Act 2001
s. 39
PART 3--AMENDMENT OF THE CITY OF MELBOURNE
ACT 2001
39 Amendment of section 3--Definitions
See: In section 3 of the City of Melbourne Act 2001,
Act No.
5 5/2001. in the definition of rateable property after "land"
Reprint No. 1 insert "but does not include an occupancy that is
as at
1 July 2007. used, or is intended to be used, for the sole
LawToday: purpose of--
www.
legislation.
vic.gov.au
(a) parking a single motor vehicle within the
10 meaning of section 3(1) of the Road Safety
Act 1986; or
(b) mooring a single vessel within the meaning
of section 3(1) of the Marine Act 1988".
40 Amendment of section 9A--Persons entitled to be
15 enrolled without application
In sections 9A(3)(d) and 9A(5)(d) of the City of
Melbourne Act 2001 for "that rateable property"
substitute "the municipal district".
41 Amendment of section 9C--Corporations
20 In section 9C(3) of the City of Melbourne Act
2001 after "company secretary" insert "(however
styled)".
42 Amendment of section 9D--Procedure in relation to
representatives of corporations
25 (1) In section 9D(2) of the City of Melbourne Act
2001 after "company secretary" insert "(however
styled)".
(2) In sections 9D(2) and 9D(3) of the City of
Melbourne Act 2001 after "company secretaries"
30 insert "(however styled)".
561281B.I-10/6/2008 24 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 3--Amendment of the City of Melbourne Act 2001
s. 43
(3) In section 9D(3) of the City of Melbourne Act
2001 after "directors" insert "(however styled)".
43 Amendment of section 10--Request that address not
be shown
5 In section 10(1) of the City of Melbourne Act
2001 after "A person" insert "who is entitled to be
enrolled on the voters' roll under section 9A(3),
9A(5), 9B or 9C".
44 Amendment of section 11C--Public notification and
10 exhibition
(1) For section 11C(2) of the City of Melbourne Act
2001 substitute--
"(2) The Chief Executive Officer must send a
letter not later than the date specified for the
15 publishing of the public notice under
subsection (4) after the commencement of
the Local Government Amendment
(Elections) Act 2008 to--
(a) each person who was enrolled on the
20 voters' roll under section 9 for the last
general election before the
commencement of the Local
Government Amendment (Elections)
Act 2008 who will not be entitled to be
25 enrolled on the voters' roll under
section 9 for the next general election
only because of the amendments made
to this Act by the Local Government
Amendment (Elections) Act 2008; and
561281B.I-10/6/2008 25 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 3--Amendment of the City of Melbourne Act 2001
s. 45
(b) each corporation that has exercised a
right of entitlement to appoint a voting
representative before the
commencement of the Local
5 Government Amendment (Elections)
Act 2008 the appointment of which will
cease to have effect only because of the
amendments made to this Act by the
Local Government Amendment
10 (Elections) Act 2008--
specifying the changes and any relevant
entitlements and requirements for
enrolment.".
(2) For section 11C(5) of the City of Melbourne Act
15 2001 substitute--
"(5) The Registrar must ensure that the exhibition
roll is available for inspection by members of
the public for the period of 5 working days
ending at 4 p.m. on the entitlement date.".
20 45 Amendment of clause 8 of Schedule 1--
Ballot-papers
(1) For clause 8(1) of Schedule 1 to the City of
Melbourne Act 2001 substitute--
"(1) If at least one voting ticket has been
25 registered for the purposes of the election--
(a) the ballot-paper for the election must be
in the form of Schedule 2 if there are
fewer than 20 groups of candidates; or
(b) the ballot-paper for the election must be
30 in the form of Schedule 3 if there are
20 or more groups of candidates.".
561281B.I-10/6/2008 26 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 3--Amendment of the City of Melbourne Act 2001
s. 46
(2) In clause 8(7) of Schedule 1 to the City of
Melbourne Act 2001 for "Schedule 2" substitute
"Schedules 2 and 3".
46 Amendment of clause 10 of Schedule 1--Marking of
5 votes
In clause 10(1) of Schedule 1 to the City of
Melbourne Act 2001 after "2" insert "or 3".
47 Amendment of Schedule 2--Form of ballot-paper
In the title to Schedule 2 to the City of
10 Melbourne Act 2001 after "BALLOT-PAPER"
insert "(FEWER THAN 20 GROUPS)".
48 New Schedule 3 inserted--Form of ballot-paper
(20 or more groups)
After Schedule 2 to the City of Melbourne Act
15 2001 insert--
561281B.I-10/6/2008 27 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 3--Amendment of the City of Melbourne Act 2001
s. 48
"SCHEDULE 3
FORM OF BALLOT-PAPER (20 OR MORE GROUPS)
Ballot-paper
CITY OF MELBOURNE
5 Election of [2] Councillors of the Melbourne City Council
Place the
________ single
figure 1 in
D EITHER one, and one
________ only of these OR OR ... OR
I squares to 3 3 3
indicate the
R group voting OR OR ... OR
ticket which 3 3 3
E you wish to
adopt as your
C vote
T Place the
________ numbers 1
I to [4] in the 13 13 ... 13
OR squares
O ________ immediately 13 13 ... 13
to the left of
N the names of
the 13 13 ... 13
S respective
candidates so
as to indicate
13 13 ... 13
the order
of your 13 13 ... 13
preference
for them
13 13 ... 13
13 13 ... 13 Ungrouped
13 13 ... 13 1
13 13 ... 13 1
13 13 ... 13 1
13 13 ... 13 1
13 13 ... 13 1
561281B.I-10/6/2008 28 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 3--Amendment of the City of Melbourne Act 2001
s. 48
1 Here insert name of a candidate.
2 Here insert number of vacancies.
3 Here insert name of a registered political party or other group name if applicable.
4 Here insert number of candidates.".
__________________
561281B.I-10/6/2008 29 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Part 4--Repeal of Amending Act
s. 49
PART 4--REPEAL OF AMENDING ACT
49 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
5 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561281B.I-10/6/2008 30 BILL LA INTRODUCTION 10/6/2008
Local Government Amendment (Elections) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561281B.I-10/6/2008 31 BILL LA INTRODUCTION 10/6/2008
[Index] [Search] [Download] [Related Items] [Help]