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This is a Bill, not an Act. For current law, see the Acts databases.
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
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