NUCLEAR ACTIVITIES (PROHIBITIONS) AMENDMENT (PLEBISCITE) BILL 2007
PARLIAMENT OF VICTORIA Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007 TABLE OF PROVISIONS Clause Page 1 Purpose 1 2 Commencement 1 3 New Part III inserted 2 PART III--PLEBISCITE IN RESPECT OF PROHIBITED NUCLEAR FACILITY 2 12 Application of Part 2 13 Definitions 2 14 Minister must take specified steps 3 14A Provisions relating to conduct of plebiscite 3 14B Further provisions to apply if plebiscite to be held by postal voting only 6 4 Repeal of Act 10 ENDNOTES 11 561009B.I-27/2/2007 i BILL LA INTRODUCTION 27/2/2007
PARLIAMENT OF VICTORIA Introduced in the Assembly Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007 A Bill for an Act to amend the Nuclear Activities (Prohibitions) Act 1983 and for other purposes. The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Nuclear Activities (Prohibitions) Act 1983 to facilitate the holding of a plebiscite in Victoria in the event 5 that the Commonwealth Government takes action to support or allow the construction of a prohibited nuclear facility in Victoria. 2 Commencement This Act comes into operation on the day after the 10 day on which it receives the Royal Assent. 561009B.I-27/2/2007 1 BILL LA INTRODUCTION 27/2/2007
Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007 s. 3 3 New Part III inserted See: After Part II of the Nuclear Activities Act No. 9923. (Prohibitions) Act 1983 insert-- Reprint No. 2 as at 26 April 2001 'PART III--PLEBISCITE IN RESPECT OF 5 and PROHIBITED NUCLEAR FACILITY amending Act Nos 7/2005, 12 Application of Part 62/2005 and 63/2006. (1) This Part applies if the Minister is satisfied LawToday: that the Commonwealth Government has www. legislation. taken, or is likely to take, any step 10 vic.gov.au supporting or allowing the construction of a prohibited nuclear facility in Victoria. (2) Without limiting subsection (1), the Minister may be satisfied for the purpose of that subsection if the Minister is satisfied that the 15 Commonwealth Government-- (a) has taken, or is likely to take, steps to make or amend a Commonwealth law or to exercise any power under a Commonwealth law to facilitate the 20 construction of a prohibited nuclear facility in Victoria; or (b) adopts a policy position of supporting or allowing the construction of a prohibited nuclear facility in Victoria. 25 13 Definitions In this Part-- Commission means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002; 30 Commonwealth Government means the government of the Commonwealth of Australia; 561009B.I-27/2/2007 2 BILL LA INTRODUCTION 27/2/2007
Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007 s. 3 plebiscite means a referendum conducted under this Act; prohibited nuclear facility means a facility the construction or operation of which 5 is referred to in section 8(1); Proposal means the question determined by the Minister to be asked at the plebiscite for the purpose of obtaining the views of the people of Victoria 10 about the construction or operation of a prohibited nuclear facility in Victoria. 14 Minister must take specified steps (1) If this Part applies, the Minister must take steps for the conduct of a plebiscite in 15 Victoria to obtain the views of the people of Victoria about the construction or operation of a prohibited nuclear facility in Victoria. (2) The Minister must take the steps required by subsection (1) at a time that the Minister 20 considers most advantageous to the health, welfare and safety of the people of Victoria. 14A Provisions relating to conduct of plebiscite (1) For the purposes of the conduct of a plebiscite, Part 9A of, and Schedules 3 and 4 25 to, the Electoral Act 2002 have effect as if those provisions formed part of this Act subject to the modifications specified in this section. (2) For the purposes of subsection (1), Part 9A 30 of the Electoral Act 2002 applies as if-- (a) a reference to a referendum were a reference to a plebiscite; (b) a reference to a Bill were a reference to a Proposal; 561009B.I-27/2/2007 3 BILL LA INTRODUCTION 27/2/2007
Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007 s. 3 (c) a reference to the Premier were a reference to the Minister; (d) sections 177A, 177C(1)(a), 177C(3), 177E and 177F(c) were repealed; 5 (e) after section 177B(2)(f) there were inserted-- "(fa) section 76(1) applies as if-- (i) for 'A candidate' there were substituted 'A registered 10 officer of a registered political party'; (ii) 'for the district or region for which the candidate is seeking election' were 15 omitted; (fb) a reference to a candidate in section 76(2) is to be construed as if it were a reference to a registered officer of a registered 20 political party;"; (f) in section 177C(1)(b) for subparagraphs (i) and (ii) there were substituted-- "(i) an argument against the Proposal, consisting of not more than 2000 25 words, approved by the Minister; and (ii) an argument in favour of the Proposal, consisting of not more than 2000 words, approved by the 30 Minister after consultation with the relevant responsible Minister of the Commonwealth, or if the relevant responsible Minister of the Commonwealth refuses to 35 consult with the Minister, 561009B.I-27/2/2007 4 BILL LA INTRODUCTION 27/2/2007
Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007 s. 3 approved by the Minister after the Minister has given the relevant responsible Minister of the Commonwealth a reasonable 5 opportunity to do so."; (g) in section 177C(2) for "Unless the Premier informs the Commission that the referendum is not to be held, the" there were substituted "The"; 10 (h) in section 177C(2) "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" were omitted; 15 (i) in section 177F(b)(iii) for "the Short Title of the Bill" there were substituted "a copy of the Proposal". (3) For the purposes of subsection (1), Schedule 3 to the Electoral Act 2002 applies 20 as if-- (a) for "REFERENDUM" there were substituted "PLEBISCITE"; (b) for 'a Bill entitled [here set out the Short Title of the Bill and add "a copy 25 of which is attached" or "a statement of which is attached"]' there were substituted "the attached Proposal"; (c) for "referendum" there were substituted "plebiscite". 30 (4) For the purposes of subsection (1), Schedule 4 to the Electoral Act 2002 applies as if-- (a) for "A REFERENDUM" there were substituted "A PLEBISCITE"; 561009B.I-27/2/2007 5 BILL LA INTRODUCTION 27/2/2007
Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007 s. 3 (b) for "REFERENDUM ON PROPOSED BILL" there were substituted "PLEBISCITE ON PROPOSAL"; 5 (c) for "the proposed Bill" (where twice occurring) there were substituted "the Proposal"; (d) for "SHORT TITLE OF THE BILL" there were substituted "PROPOSAL"; 10 (e) for "THIS BILL" there were substituted "THIS PROPOSAL". 14B Further provisions to apply if plebiscite to be held by postal voting only (1) The Minister may decide that all voting at a 15 plebiscite is to be by means of postal voting. (2) The Minister must advise the Commission of a decision under subsection (1). (3) The Commission must publish a notice in a newspaper circulating generally in 20 Victoria-- (a) stating that the plebiscite is to be conducted by postal voting only; (b) advising as to the week in which postal ballot envelopes are likely to be posted 25 or delivered to voters; (c) specifying the date and time when voting on the plebiscite is to close, being 6 p.m. on the last working day before the day fixed by the writ for a 30 plebiscite for the taking of votes on the plebiscite; (d) describing how a voter may request an early postal vote; 561009B.I-27/2/2007 6 BILL LA INTRODUCTION 27/2/2007
Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007 s. 3 (e) describing how a voter may apply for the redirection of their postal ballot envelope, including the last day by which an application for redirection can 5 be lodged, being the day appointed for the close of the roll. (4) If a plebiscite is to be conducted by postal voting only-- (a) section 14A applies to the conduct of 10 the plebiscite subject to this section; and (b) section 14A(2) applies as if it provided that-- "(da) after section 177B(2)(c) there 15 were inserted-- '(ca) in section 63(3) for "7 days after the date of the writ" there were substituted "29 days before the day fixed 20 by the writ for a plebiscite for the taking of votes on the plebiscite";';"; (c) section 14A(2) applies as if paragraph (e) were omitted. 25 (5) If a plebiscite is to be conducted by postal voting only, the Commission must send or deliver to each voter entitled to vote at the plebiscite-- (a) a postal vote declaration; 30 (b) a ballot paper for postal voting; (c) a prepaid envelope for returning the declaration and the ballot paper; (d) instructions on how to vote; 561009B.I-27/2/2007 7 BILL LA INTRODUCTION 27/2/2007
Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007 s. 3 (e) notice of how and by when the declaration and ballot paper must be returned; (f) the pamphlet containing the argument 5 in favour of the Proposal and the argument against the Proposal. (6) For the purposes of the conduct of a plebiscite by postal voting only, Part 6 of the Local Government (Electoral) Regulations 10 2005 has effect as if that Part formed part of this Act subject to the modifications specified in subsection (7). (7) For the purposes of subsection (6), Part 6 of the Local Government (Electoral) 15 Regulations 2005 applies as if-- (a) a reference to the returning officer were a reference to the Commission; (b) a reference to an election official were a reference to an official appointed by 20 the Commission under the Electoral Act 2002 for the purposes of conducting the plebiscite; (c) regulations 77, 78, 81(4), 83(3)(a), 83(3)(b), 85, 87(2) and 91(1)(d) were 25 revoked; (d) in regulation 80 for "candidate" (where twice occurring) there were substituted "registered officer of a registered political party within the meaning of 30 section 3 of the Electoral Act 2002"; (e) in regulation 83(4) for "Council election" there were substituted "Plebiscite"; 561009B.I-27/2/2007 8 BILL LA INTRODUCTION 27/2/2007
Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007 s. 3 (f) in regulation 86(4) for "candidate statements have" there were substituted "the pamphlet containing the argument in favour of the Proposal and the 5 argument against the Proposal has"; (g) for the purposes of regulation 90, "disadvantaged voter" has the same meaning as it has in clause 2 of Schedule 3 to the Local Government 10 Act 1989. (8) For the purposes of the conduct of a plebiscite by postal voting only, Division 3 of Part 7 of the Local Government (Electoral) Regulations 2005 has effect for 15 the purposes of the counting of the votes as if that Division formed part of this Act subject to the modifications specified in subsection (9). (9) For the purposes of subsection (8), 20 Division 3 of Part 7 of the Local Government (Electoral) Regulations 2005 applies as if-- (a) a reference to the returning officer were a reference to the Commission; 25 (b) a reference to an election official were a reference to an official appointed by the Commission under the Electoral Act 2002 for the purposes of conducting the plebiscite. 30 (10) For the purposes of the conduct of a plebiscite by postal voting only, if there is an inconsistency between the provisions applied by this section and the provisions applied by section 14A, the provisions applied by this 35 section prevail to the extent of the inconsistency.'. 561009B.I-27/2/2007 9 BILL LA INTRODUCTION 27/2/2007
Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007 s. 4 4 Repeal of Act This Act is repealed on the first anniversary of its commencement. 561009B.I-27/2/2007 10 BILL LA INTRODUCTION 27/2/2007
Nuclear Activities (Prohibitions) Amendment (Plebiscite) Bill 2007 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561009B.I-27/2/2007 11 BILL LA INTRODUCTION 27/2/2007