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PARLIAMENT OF VICTORIA
The Constitution Act Amendment (Amendment)
Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Principal Act 2
PART 2--AMENDMENTS TO THE PRINCIPAL ACT 3
4. Amendment to section 3 3
5. Repeal of sections 21 and 22 4
6. Repeal of Parts III, IIIA and IV and new Part III inserted 4
PART III--ENROLMENT FOR ASSEMBLY AND
COUNCIL 5
Division 1--Entitlement to enrolment 5
50. Entitlement to enrolment of electors for Assembly and
Council 5
51. Eligible overseas electors 6
52. Itinerant electors 10
53. Entitlement of provisional electors 11
54. Savings provision 12
Division 2--The Electoral Registrar 12
55. Electoral registrar 12
56. Powers of delegation 12
57. Arrangement with Commonwealth 13
Division 3--The Rolls 13
58. Rolls for districts and provinces 13
59. Printing of rolls 14
60. Inspection of rolls 14
61. Provision of rolls and habitation indexes 14
62. Addition of names to rolls 17
63. Provisional enrolment 18
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Clause Page
64. Compulsory enrolment 18
65. Registration of claim 19
66. Request for address not to be shown on roll 21
67. Alteration of rolls 24
68. Information to be supplied to electoral registrar 25
69. Rolls in electronic format 27
70. Objections by whom and how made 27
71. Notice of objection 28
72. Answer to objection 29
73. Determination of objection 29
74. Appeal to Magistrates' Court 29
75. Power of Magistrates' Court to hear and determine
appeals 30
76. Rolls for purposes of elections 31
77. Signature to electoral paper 31
78. Penalty for untrue statements 32
79. Penalties relating to the witnessing of electoral papers 32
80. Witness to be satisfied as to truth of statements 33
81. Failure to transmit claim 33
82. Forging or uttering electoral papers 33
83. Electoral matter to be sent by post or by facsimile 34
84. Limitation of time for recovery of penalties 34
85. Correction of errors 34
86. Regulations 35
7. Amendment of Electoral Commissioner's functions, powers
and duties 35
8. Declaration by returning officers and postal voting officers 36
9. Amendment to section 148 36
10. Repeal of section 148K(2)(b)(iii) 36
11. De-registration of non-Parliamentary party 37
12. Amendment to section 155A 37
13. Repeal of section 156 37
14. Nomination of candidates 37
15. New Division 7 substituted 39
Division 7--Duties of Returning Officer and Electoral
Commissioner where Number of Candidates Exceeds
Number of Members to be Elected 39
163. Poll to be taken 39
16. New section 165A substituted 40
165A. Determination of order on ballot-papers 40
17. Amendment to section 166 40
18. Amendment to section 171 40
19. Amendment to section 172A 41
20. Amendment to questions put to voters 41
21. Amendment to section 185A 41
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22. Amendment to section 186 41
23. Amendment to sections 187, 230 and 234 41
24. Amendment to section 191 42
25. Amendment to section 193 42
26. Full preferential voting 42
27. Amendment to section 207 42
28. Amendment to section 208 42
29. Amendment to section 208A 42
30. New section 210 substituted 43
210. Declaration of election 43
31. Antarctic voting 44
32. Amendment to section 220 44
33. Amendment to section 221 45
34. Repeal of section 267G 47
35. Publicising exit poll results 47
267GA. Prohibition of publicly disseminating exit poll results
during the hours of polling 47
36. New section 270 substituted 48
270. Electoral Commissioner to prepare list of non-voters 48
37. Addresses to which non-voters' notices should be sent 48
38. Amendment to section 271B 48
39. Amendment to section 272 49
40. Amendment to section 273 49
41. Amendment to section 306A 49
42. Repeal of section 308 49
43. Form of ballot paper 49
PART 3--AMENDMENTS TO OTHER ACTS 50
44. Constitution Act 1975 50
45. Senate Elections Act 1958 50
46. Electoral Boundaries Commission Act 1982 50
47. Geographic Place Names Act 1998 50
48. Liquor Control Reform Act 1998 51
49. Local Government Act 1989 51
50. Juries Act 1967 51
NOTES 52
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PARLIAMENT OF VICTORIA
Initiated in Assembly 14 April 1999
As amended by Assembly 5 May 1999
A BILL
to amend The Constitution Act Amendment Act 1958 and certain
other Acts and for other purposes.
The Constitution Act Amendment
(Amendment) Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to make various amendments to The
5 Constitution Act Amendment Act 1958;
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(b) to make minor amendments to the
Constitution Act 1975 and the Senate
Elections Act 1958;
(c) to make various amendments of a statute law
5 revision nature.
2. Commencement
This Act comes into operation on 8 June 1999.
3. Principal Act
No. 6224. In this Act, The Constitution Act Amendment
Reprint No. 7
10 Act 1958 is called the Principal Act.
as at
22 October
1998.
_______________
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PART 2--AMENDMENTS TO THE PRINCIPAL ACT
4. Amendment to section 3
(1) In section 3(1) of the Principal Act--
(a) in the definition of "declaration vote"
5 paragraph (c) is repealed;
(b) after the definition of "electoral matter"
insert--
' "electoral paper" includes any electoral
claim and any prescribed form;
10 "electoral registrar" means the electoral
registrar for each district and each
province;';
(c) in the definition of "eligible overseas
elector" for "103(5) or (6)" substitute "51";
15 (d) after the definition of "eligible overseas
elector" insert--
' "exit poll" means the canvassing of
electors at large as to how they have
voted at an election for the purpose of
20 obtaining and publicly disseminating
information about voting trends at the
election;';
(e) in the definition of "itinerant elector" for
"103(7)" substitute "52";
25 (f) after the definition of "itinerant elector"
insert--
' "officer" includes any person discharging
the duties of any office under this Act;
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"Order in Council" means an Order of the
Governor in Council published in the
Government Gazette;';
(g) in the definition of "provisional enrolment"
5 for "117A" substitute "63";
(h) omit the definition of "registrar";
(i) before the definition of "Schedule" insert--
' "regulations" means regulations under this
Act;
10 "roll" means roll of electors for the Council
or Assembly;';
(j) omit the definition of "subdivision".
(2) After section 3(4) of the Principal Act insert--
'(5) In this Act, "address", "address of
15 residence", "residence" or "resides" or any
similar expression is to be construed as
referring to "place of living" or "lives" or
any similar expression occurring in any rolls,
forms or regulations relating to the
20 preparation, alteration and revision of such
rolls.'.
5. Repeal of sections 21 and 22
Sections 21 and 22 of the Principal Act are
repealed.
25 6. Repeal of Parts III, IIIA and IV and new Part III
inserted
For Parts III, IIIA and IV of the Principal Act
substitute--
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'PART III--ENROLMENT FOR ASSEMBLY
AND COUNCIL
Division 1--Entitlement to enrolment
50. Entitlement to enrolment of electors for
5 Assembly and Council
(1) A person who is qualified to enrol as an
elector for the Assembly and Council and
has resided at an address in a district for at
least one month immediately preceding the
10 date of the person's claim for enrolment as an
elector is entitled in respect of residence at
that address in that district--
(a) to enrol as an elector for the Assembly
and Council on the roll for that district
15 and corresponding province; and
(b) when enrolled and so long as the person
continues to reside at that address in
that district to vote at an election for the
district or the corresponding province.
20 (2) An elector who has changed residence to
another address within the same district is
not deemed by reason only of the change of
residence to be dispossessed of the
qualification in respect of which the elector
25 is enrolled.
(3) A woman is not by reason only that her
surname has been changed by marriage
disqualified from voting under the name
appearing on the roll.
30 (4) A person who is serving a sentence of
imprisonment or detention imposed by a
court upon a conviction for an offence is
deemed to reside at the address at which he
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or she resided at the time of his or her
conviction.
51. Eligible overseas electors
(1) An elector--
5 (a) whose name appears on the roll for a
district; and
(b) who intends to cease to reside in
Australia and then, not later than
6 years after the day on which the
10 elector so ceases, to resume residing in
Australia at the address in respect of
which the elector is enrolled or
elsewhere; and
(c) whose name appears on the electoral
15 roll maintained under the
Commonwealth Electoral Act 1918 for
a Commonwealth subdivision and that
roll is annotated to indicate that the
elector is an eligible overseas elector
20 under section 94 of the Commonwealth
Electoral Act 1918--
is entitled, whilst the elector's name
continues to be included and annotated on
the Commonwealth roll referred to in
25 paragraph (c) to--
(d) have the elector's name retained on the
roll for the district and province
corresponding with the Commonwealth
subdivision referred to in paragraph (c)
30 with an annotation to indicate that the
elector is an eligible overseas elector;
and
(e) vote as an elector for that district and
corresponding province.
35 (2) A person--
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(a) who is the spouse or child of an elector
who is an eligible overseas elector by
virtue of sub-section (1) in relation to a
district; and
5 (b) who is living at a place outside
Australia so as to be with or near the
eligible overseas elector; and
(c) who had not attained the age of 18
years when the person last ceased to
10 reside in Australia; and
(d) whose name is not, and has not been,
on a roll of electors for the Assembly
and Council; and
(e) who is not entitled to be enrolled under
15 section 50(1) but would be so entitled if
the person resided in a district; and
(f) who intends to resume residing in
Australia not later than 6 years after the
day on which the person attained 18
20 years of age; and
(g) whose name has been added to an
electoral roll maintained under the
Commonwealth Electoral Act 1918 for
a Commonwealth subdivision and that
25 roll is annotated to indicate that the
elector is an eligible overseas elector
under section 95 of the Commonwealth
Electoral Act 1918--
is to be enrolled for the district and province
30 corresponding with the Commonwealth
subdivision referred to in paragraph (g) for
which the eligible overseas elector is
enrolled with an annotation to indicate that
the person is an eligible overseas elector.
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(3) Whilst the person's name continues to be
included and annotated on the
Commonwealth roll referred to in sub-
section (2)(g), the person is entitled to--
5 (a) have the person's name retained on the
roll for the district and corresponding
province; and
(b) vote as an elector for that district and
corresponding province.
10 (4) A person may apply to the electoral registrar
for enrolment as an elector for the Assembly
and Council for a district and corresponding
province if, at the time of making the
application--
15 (a) the person has ceased to reside in
Australia for reasons relating to the
person's career or employment or for
reasons relating to the career or
employment of the person's spouse; and
20 (b) the person is not enrolled; and
(c) the person is not qualified for
enrolment, but would be so qualified if
he or she resided at an address in a
district and had done so for at least a
25 month; and
(d) the person intends to resume residing in
Australia not later than 6 years after he
or she ceased to reside in Australia.
(5) The application must be--
30 (a) in writing; and
(b) made within 2 years of the day on
which the person ceased to reside in
Australia.
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(6) If the electoral registrar grants the
application, the electoral registrar must cause
the person's name to be added to the roll--
(a) for the district and corresponding
5 province for which the person last had
an entitlement to be enrolled; or
(b) if the person has never had such an
entitlement, for a district and
corresponding province for which any
10 of the person's next of kin is enrolled;
or
(c) if neither paragraph (a) nor (b) applies,
for the district and corresponding
province in which the person was born;
15 or
(d) if none of paragraphs (a), (b) and (c)
applies, the district and corresponding
province with which the person has
closest connection.
20 (7) If--
(a) the application was received by the
electoral registrar after 6 p.m. on the
day of the close of the rolls of an
election to be held in a district or
25 province; and
(b) the application relates to that district
and corresponding province--
the person's name must not be added to the
roll for the district and corresponding
30 province until after the close of the poll for
that election.
(8) The electoral registrar must notify the person
in writing--
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(a) of a decision to grant or refuse the
application; or
(b) of the electoral registrar's opinion that
the application cannot be proceeded
5 with because of sub-section (7).
(9) If the application is granted, the elector is
entitled to vote at an election for the district
or corresponding province for which the
elector is enrolled under sub-section (6)
10 while the elector continues to be so enrolled.
(10) In this section--
"child" includes an ex-nuptial child;
"spouse", in relation to a person (in this
interpretation referred to as the relevant
15 person) includes a person who,
although not legally married to the
relevant person, lives with the relevant
person as the spouse of the relevant
person on a permanent and bona fide
20 domestic basis.
52. Itinerant electors
(1) A person--
(a) who is in Australia but does not reside
in any district; and
25 (b) who is not entitled to have the person's
name placed or retained on the roll for
any district by reason only that the
person does not reside at any address in
any district; and
30 (c) whose name has been added to an
electoral roll maintained under the
Commonwealth Electoral Act 1918 for
the Commonwealth subdivision with
which the person has established a
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connection under section 96 of that Act
and the roll maintained under that Act
is annotated to indicate that the elector
is an itinerant elector under section 96
5 of that Act--
is entitled to have the person's name added to
the roll for the district and province
corresponding with the Commonwealth
subdivision referred to in paragraph (c) with
10 which the person has the connection with an
annotation to indicate that the elector is an
itinerant elector.
(2) Whilst the person's name continues to be
included and annotated on the
15 Commonwealth roll referred to in sub-
section (1)(c), the person is entitled to--
(a) have the person's name retained on the
roll for that district and corresponding
province; and
20 (b) vote as an elector for that district and
province.
53. Entitlement of provisional electors
(1) An elector--
(a) whose name has been placed on the roll
25 in pursuance of a claim under section
63; and
(b) who has not attained 18 years of age on
the date fixed for the polling in an
election--
30 is not entitled to vote at that election.
(2) Notwithstanding section 63 or any enrolment
made in pursuance of a claim made under
that section, for the purposes of an election
under this Act, a person who has not attained
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18 years of age on the date fixed for polling
in that election is not to be--
(a) entitled to be enrolled on a roll; or
(b) enrolled on a roll.
5 54. Savings provision
Any person who is entitled to be enrolled as
an elector in respect of residence in a
subdivision under section 103 of the Act as
in force immediately before the
10 commencement of section 6 of The
Constitution Act Amendment
(Amendment) Act 1999, continues to be
entitled to be enrolled in respect of the
relevant district and corresponding province.
15 Division 2--The Electoral Registrar
55. Electoral registrar
The Electoral Commissioner is the electoral
registrar for each district and province.
56. Powers of delegation
20 The electoral registrar, by instrument, may
delegate any of the electoral registrar's
functions or powers under this Act, other
than this power of delegation, to--
(a) any returning officer;
25 (b) any person or class of person employed
under Part 3 of the Public Sector
Management and Employment Act
1998 in the administration of this Act;
(c) any holder of an office in the public
30 service of the Commonwealth only
after and in accordance with an
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agreement between the Governor in
Council and the Governor-General.
57. Arrangement with Commonwealth
5 (1) The Governor in Council may arrange with
the Governor-General of the Commonwealth
for--
(a) a joint enrolment process; and
(b) the exchange of information necessary
10 for the preparation, maintenance and
revision of the rolls--
under this Act and the Commonwealth
Electoral Act 1918.
(2) Any arrangement made and in force under
15 section 105 of the Act before the
commencement of section 6 of The
Constitution Act Amendment
(Amendment) Act 1999, continues to have
effect until a new arrangement is made under
20 this section.
Division 3--The Rolls
58. Rolls for districts and provinces
(1) There shall be a roll for each district and
each province.
25 (2) The rolls--
(a) subject to sub-section (3) and section
66, must set out the name and address
of residence of each elector; and
(b) must contain such further particulars as
30 are prescribed; and
(c) must be arranged in alphabetical order.
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(3) If the elector is an eligible overseas elector
or an itinerant elector, the roll must not set
out the address of the residence of the
elector.
5 59. Printing of rolls
A roll must be printed whenever the
Electoral Commissioner so directs.
60. Inspection of rolls
The Electoral Commissioner must ensure
10 that copies of the latest print of the roll for
any district or province are--
(a) open for public inspection without fee
at the office of the Electoral
Commissioner during office hours and
15 at such other places as are prescribed;
and
(b) on payment of the price fixed by the
Electoral Commissioner obtainable at
such places as the Electoral
20 Commissioner appoints.
61. Provision of rolls and habitation indexes
(1) The Electoral Commissioner must cause to
be provided, without charge, within 2 years
of the polling day of the last simultaneous
25 election--
(a) to each registered political party--a set
of up-to-date rolls for Victoria; and
(b) to each member of the Assembly--one
up-to-date roll and particulars of dates
30 of birth and salutations of electors on
that roll for the district for which the
member was elected; and
(c) to each member of the Council--one
up-to-date roll and particulars of dates
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of birth and salutations of electors on
that roll for the province for which the
member was elected; and
(d) in the case of a member of the Council
5 continuing to represent an old province
after the preparation of new rolls for
new provinces following a redivision
under the Electoral Boundaries
Commission Act 1982--upon request,
10 one up-to-date roll and particulars of
dates of birth and salutations of electors
on that roll for the old province for
which the member was elected or one
up-to-date roll and particulars of dates
15 of birth and salutations of electors on
that roll for the new province which, in
the opinion of the Electoral
Commissioner, most resembles the old
province which the member represents
20 or both; and
(e) to any other persons or organizations (if
any) as the Electoral Commissioner
determines to be appropriate--such up-
to-date rolls as the Electoral
25 Commissioner considers appropriate.
(2) When providing rolls under sub-sections (1)
and (7) or additions and deletions under sub-
section (6) the Electoral Commissioner may
provide the rolls or additions and deletions in
30 a printed form or, if so requested, in an
electronic form or both a printed form and an
electronic form.
(3) The Electoral Commissioner must not
provide particulars of dates of birth and
35 salutations of persons whose addresses are
not shown on the roll by virtue of section 66.
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(4) The Electoral Commissioner must, so far as
it is practicable to do so, cause to be
provided to each registered political party,
without charge, during each Assembly, a
5 habitation index for each district, being a list
of electors for that district arranged, in a
manner determined by the Electoral
Commissioner, by reference to the respective
addresses of residence of the electors whose
10 names are entered on the roll for that district.
(5) The Electoral Commissioner must not
include on a habitation index for a district
provided under sub-section (4) the names
and addresses of persons whose addresses
15 are not shown on the roll for that district by
virtue of section 66.
(6) The Electoral Commissioner must, so far as
it is practicable to do so, cause to be
provided to those members of the Assembly
20 and Council who so request, at least 6 times
each year, additions and deletions to the roll
and particulars of dates of birth and
salutations for electors on that roll for each
member's respective electorate, but the
25 Electoral Commissioner must not include in
any additions and in any particulars the
names, addresses, dates of birth and
salutations of persons whose addresses are
not shown on the roll by virtue of section 66.
30 (7) The Electoral Commissioner must cause to
be provided, to each registered political
party, without charge, as soon as practicable
after a redivision under the Electoral
Boundaries Commission Act 1982, a set of
35 up-to-date rolls for Victoria as is required to
be prepared by section 17 of that Act.
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(8) The Electoral Commissioner must, upon the
request of any candidate for election for a
district or province, cause to be provided
without charge to the candidate a copy of the
5 roll for that district or province in a printed
form or, if so requested, in an electronic
form or both a printed form and an electronic
form.
62. Addition of names to rolls
10 (1) Names may be added to rolls pursuant to
claims for enrolment or transfer of enrolment
or claims for provisional enrolment.
(2) A claim must--
(a) be in the prescribed form; and
15 (b) subject to sub-section (3), be signed by
the claimant; and
(c) be attested by an elector or person
entitled to have the person's name
placed on a roll, who must sign the
20 claim as witness in the witness's own
handwriting.
(3) If a person wishes to make a claim for
enrolment, for transfer of enrolment or for
provisional enrolment and a registered
25 medical practitioner has certified, in writing,
that the person is so physically incapacitated
that the person cannot sign the claim, another
person may, on behalf of the person, fill out
and sign the claim in accordance with the
30 directions of the first-mentioned person.
(4) A claim must be completed in accordance
with the directions prescribed in the form.
(5) A certificate referred to in sub-section (3)
must be lodged with the claim to which it
35 relates.
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63. Provisional enrolment
(1) A person who has attained 17 years of age
and who, if the person had attained 18 years
5 of age, would be entitled to have the person's
name placed on a roll for a district and
corresponding province may send or deliver
to the electoral registrar a claim to have the
person's name placed on the roll for that
10 district and corresponding province.
(2) A claim made under sub-section (1) must be
treated as a claim for enrolment for the
district and corresponding province to which
the claim relates and sections 65 and 66
15 apply in relation to the claim as if the person
making the claim had attained 18 years of
age and the claim were made under section
64.
64. Compulsory enrolment
20 (1) A person who is entitled to have his or her
name placed on the roll for any district and
corresponding province otherwise than by
virtue of section 51, 52 or 63 (whether by
way of enrolment or transfer of enrolment)
25 and whose name is not on the roll must
forthwith fill in and sign a claim in the
prescribed form, and send or deliver the
claim to the electoral registrar.
(2) A person who is entitled to have his or her
30 name placed on the roll for any district and
corresponding province otherwise than by
virtue of section 51, 52 or 63 (whether by
way of enrolment or transfer of enrolment)
and whose name is not on the roll upon the
35 expiration of 21 days from the date upon
which the person became so entitled or at
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any subsequent date while the person
continues to be so entitled is guilty of an
offence unless the person proves that his or
her non-enrolment is not in consequence of
5 his or her failure to send or deliver to the
electoral registrar a claim in the prescribed
form duly filled in and signed in accordance
with the directions printed thereon.
(3) If a person (including a person whose
10 address in pursuance of a request under
section 66 is not entered on a roll) changes
residence from one address in a district and
corresponding province for which the person
is enrolled to another address in that district
15 and corresponding province, the person
must, within 21 days after the date of making
the change, give notice in writing of the new
address to the electoral registrar.
(4) A person who is guilty of an offence against
20 sub-section (1) or (2) is liable to a penalty of
not more than $50.
(5) If a person sends or delivers a claim for
enrolment, or for transfer of enrolment, to
the electoral registrar, proceedings must not
25 be instituted against that person for any
offence against sub-section (1) or (2)
committed before the sending or delivery of
that claim.
65. Registration of claim
30 (1) Subject to sub-section (3), if, under section
64 the electoral registrar receives a claim for
enrolment or transfer of enrolment for a
district and corresponding province, the
electoral registrar must--
35 (a) note on the claim the date of its receipt
by the electoral registrar; and
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(b) if the claim is in order and the electoral
registrar is satisfied that the claimant is
entitled to be enrolled for the district
and corresponding province--
5 (i) enter on the roll for the district
and corresponding province the
name of the claimant and
particulars relating to the
claimant; and
10 (ii) notify the claimant in writing of
the claimant's enrolment for that
district and corresponding
province; and
(iii) in the case of a claim for transfer
15 of an enrolment from the roll for
another district and corresponding
province, delete the name of and
particulars relating to, the
claimant from the roll for the last-
20 mentioned district and province;
and
(iv) in the case where the name of the
claimant is entered on the roll for
the district and corresponding
25 province for which the claimant is
entitled to be enrolled, notify the
claimant in writing that, in the
electoral registrar's opinion, the
claimant's existing enrolment is
30 correct; and
(c) if the claim is not in order or the
electoral registrar is not satisfied that
the claimant is entitled to be enrolled in
a district and corresponding province,
35 notify the claimant in writing that the
claim has been rejected.
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(2) Notice of a decision given to a claimant by
the electoral registrar under sub-section
(1)(c) must include--
(a) a statement of the reasons for the
5 decision; and
(b) a statement advising the claimant that
the claimant is entitled at any time
within one month after the receipt of
the notice to appeal to the Magistrates'
10 Court for an order directing that the
claimant's name be added to the roll.
(3) A claim under section 64 by a person to have
the person's name placed on the roll for a
district and corresponding province received
15 during the period commencing at 6 p.m. of
the day on which the rolls for an election to
be held in the district or province close and
ending on the close of polling at the election
must not be considered until after the
20 expiration of that period.
(4) A name may, at any time, be removed from a
roll pursuant to a notice of transfer of
enrolment.
66. Request for address not to be shown on roll
25 (1) If a person considers that having the person's
address shown on the roll for the district and
corresponding province for which the person
is claiming enrolment would place the
personal safety of the person or of members
30 of the person's family at risk, the person may
lodge with the claim for enrolment or
transfer of enrolment a request, in the
prescribed form, that the person's address not
be entered on the roll.
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(2) If--
(a) the address of a person is included in
the particulars relating to the person
that are entered on the roll for a district
5 and corresponding province; and
(b) the person considers that having the
address so shown places the personal
safety of the person or of members of
the person's family at risk--
10 the person may lodge with the electoral
registrar a request, in the prescribed form,
that the person's address be deleted from the
particulars relating to the person that are
entered on that roll.
15 (3) A request under sub-section (1) or (2)
must--
(a) give particulars of the relevant risk; and
(b) be verified by statutory declaration by
the person making the request or some
20 other person.
(4) If--
(a) a request has been made under sub-
section (1) or (2); and
(b) the electoral registrar is satisfied that
25 having the address of the person
making the request shown on the roll
for the district and corresponding
province would place or places the
personal safety of the person or
30 members of the person's family at
risk--
the electoral registrar--
(c) in a case where the request was lodged
under sub-section (1)--must not
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include the address of the person in the
particulars relating to the person that
are entered on the roll for the district
and corresponding province; and
5 (d) in a case where the request is lodged
under sub-section (2)--must delete the
address of the person from the
particulars relating to the person that
are entered on the roll for the district
10 and corresponding province.
(5) The electoral registrar must notify the person
in writing of a decision to grant or refuse a
request made by a person under sub-section
(1) or (2).
15 (6) Notwithstanding anything contained in
section 67, where an address is deleted from
a roll under sub-section (4), the address so
deleted must be obliterated.
(7) The electoral registrar may conduct a review
20 of the roll for a district and corresponding
province in relation to electors whose
addresses are not shown on the roll by virtue
of this section.
(8) Upon completion of the review, the electoral
25 registrar must make such alterations to the
roll as the electoral registrar thinks necessary
to ensure that the only electors whose
addresses are not shown on the roll by virtue
of this section are electors the personal
30 safety of whom or of whose family, the
electoral registrar is satisfied, would be at
risk if their address were shown on the roll.
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67. Alteration of rolls
(1) In addition to other powers of alteration
conferred by this Act, the electoral registrar
may alter any roll by--
5 (a) correcting any mistake or omission in
the particulars of an elector's
enrolment;
(b) altering the particulars of an elector's
enrolment to record any change
10 resulting from--
(i) the numbering or re-numbering of
a street or locality; or
(ii) the naming or re-naming of a
street or locality; or
15 (iii) any other like circumstance;
(c) altering on the written application of an
elector the original name or address of
the elector on the roll;
(d) removing the name of any deceased
20 elector;
(e) reinstating any name removed by
mistake as the name of a deceased
elector;
(f) striking out the superfluous entry where
25 the name of the same elector appears
more than once on the same roll;
(g) if the electoral registrar is satisfied that
an objection against an enrolment of an
elector whose name has been deleted
30 from the roll as the result of the
objection was based on a mistake of
fact and that the person objected to still
retains and has continuously retained a
right to the enrolment in respect of
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which the objection was made--
reinstating the name of the elector;
(h) reinstating any other name removed by
mistake or which has been accidentally
5 omitted;
(i) removing the name of any elector who
has become enrolled on the electoral
roll for another Australian State or
Territory upon receipt of written
10 notification of such enrolment from the
registrar responsible for the
maintenance of that electoral roll.
(2) Any alteration of a roll must be made in such
a manner that the original entry is not
15 obliterated.
(3) The reason for each alteration of the roll and
the date the alteration is made must be set
against the alteration.
68. Information to be supplied to electoral
20 registrar
(1) The Registrar of Births, Deaths and
Marriages must within 3 days after the end
of each month forward to the electoral
registrar a list setting out the name,
25 occupation, age and the last-known place of
residence at the date of the death of every
person of the age of 17 years or upwards
whose death was registered by the Registrar
of Births, Deaths and Marriages during the
30 month.
(2) The Registrar of Births, Deaths and
Marriages must within 3 days after the end
of each month forward to the electoral
registrar a list of changes of names of
35 persons under Part 4 of the Births, Deaths
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and Marriages Registration Act 1996
during the preceding month showing--
(a) the previous recorded or registered
name of that person; and
5 (b) the name under which that person is
registered in the register of changes of
name; and
(c) the address of that person.
(3) The Secretary to the Department of Justice
10 must as soon as practicable after the
beginning of each month forward to the
electoral registrar a list of the names,
addresses and occupations and sexes of all
persons who during the preceding month
15 have been convicted in the State and are
under sentence for any offence punishable by
imprisonment for 5 years or longer.
(4) The electoral registrar may, by notice,
require--
20 (a) a person employed under Part 3 of the
Public Sector Management and
Employment Act 1998; or
(b) a Chief Executive Officer appointed by
a Council under section 94 of the Local
25 Government Act 1989; or
(c) a member of the police force; or
(d) an elector or a person qualified to be an
elector--
to provide the information requested in the
30 notice, being information that in the opinion
of the electoral registrar is required in
connection with the preparation,
maintenance or revision of the rolls.
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(5) A person who is requested by notice under
sub-section (4) to provide information must
provide that information within 21 days of
the date specified in the notice.
5 (6) The electoral registrar must upon receipt of
information under this section take action
under this Part to effect such alterations of
the rolls as are necessary.
69. Rolls in electronic format
10 Where the electoral registrar is required or
permitted under this Act or the regulations
to--
(a) annotate the roll; or
(b) vary or remove particulars from the
15 roll; or
(c) enter particulars on the roll--
in written form, the electoral registrar may
do so with respect to the roll in an electronic
form.
20 70. Objections by whom and how made
(1) Any name on a roll may be objected to by--
(a) the electoral registrar; or
(b) an elector.
(2) An objection under sub-section (1)(b) must
25 be--
(a) in writing and in the prescribed form;
and
(b) signed by the person making the
objection; and
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(c) accompanied by a deposit of $2 paid in
cash or by cheque; and
(d) lodged with the electoral registrar.
(3) If the electoral registrar is of the opinion that
5 an objection under sub-section (1)(b) was
made without a reasonable belief by the
person making the objection that grounds for
the objection existed, the deposit is forfeited
to the Crown and paid into the Consolidated
10 Fund.
(4) If the electoral registrar has reason to believe
that a name should not be retained on the
roll, he or she must make an objection under
sub-section (1)(a) and must set out the
15 grounds of that objection.
71. Notice of objection
(1) When an objection is made by or lodged
with the electoral registrar, he or she must
forthwith give notice of the objection to the
20 person objected to.
(2) Notice under sub-section (1) must be in the
prescribed form and may be given to the
person objected to by being posted to--
(a) in a case where the person objected to
25 has notified, in writing, the electoral
registrar of an address to which notices
may be sent--the address so notified;
or
(b) in a case where paragraph (a) does not
30 apply to the person objected to and the
address of residence of the person
objected to is known to the electoral
registrar--the address of residence of
the person objected to; or
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(c) in any other case--the address of
residence of the person objected to as
appearing on the roll.
(3) An objection on the ground that a person
5 does not reside at the address for which he or
she is enrolled is not a good ground of
objection unless it alleges that the person
objected to does not reside at the address and
has not so resided for at least one month last
10 past.
72. Answer to objection
The person objected to may orally or in
writing in the manner specified in the notice
of objection answer the objection.
15 73. Determination of objection
(1) The electoral registrar must determine the
objection--
(a) forthwith on receipt of the answer of
the person objected to; or
20 (b) if no answer is received within a period
of 20 days after the posting of the
notice, then after the expiration of that
period.
(2) If it appears to the electoral registrar that the
25 person objected to is not entitled to be
enrolled at the address in respect of which
the objection has been made, the electoral
registrar must remove the name accordingly.
74. Appeal to Magistrates' Court
30 (1) Any person--
(a) who has sent or delivered to the
electoral registrar a claim for enrolment
or transfer of enrolment and who has
not been enrolled; or
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(b) whose name has been removed from a
roll by the electoral registrar after an
objection--
may at any time within one month after the
5 receipt of the notice of the rejection of the
claim or of notice of the determination of the
objection (as the case may be) make
application to the Magistrates' Court for an
order directing that his or her name be
10 enrolled or reinstated on the roll (as the case
requires).
(2) If an objection has been determined by the
electoral registrar adversely to the person
objecting, that person (not being an officer)
15 may apply to the Magistrates' Court for an
order sustaining the objection.
(3) If the application has reference to the
decision of the electoral registrar upon an
objection, the applicant must serve the
20 objector or the person objected to (as the
case may be) with notice of the application.
(4) A person served under sub-section (3) may
appear or may in writing authorize any
person to appear on his or her behalf to resist
25 the application.
75. Power of Magistrates' Court to hear and
determine appeals
(1) The Magistrates' Court may hear and
determine any appeal or application under
30 this Part.
(2) The Magistrates' Court may make such order
as it thinks fit as to costs.
(3) Costs under this section may be recovered in
the same manner as costs awarded in any
35 other proceedings in the Magistrates' Court.
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(4) A registrar of the Magistrates' Court must
send by post to the electoral registrar a
certified copy of the order of the Magistrates'
Court.
5 (5) The electoral registrar must make such
entries (if any) upon the roll as are necessary
to give effect to the order of the Magistrates'
Court.
76. Rolls for purposes of elections
10 The Electoral Commissioner, as soon as
possible after the close of the rolls and
before the day of nomination for any
election, must certify and deliver the roll for
the district or province to the returning
15 officer for that district or province.
77. Signature to electoral paper
(1) An electoral paper which by this Part or the
regulations is required to be signed by any
person must be signed by that person with
20 his or her personal signature.
(2) If a person who is unable to sign the person's
name in writing makes his or her mark as his
or her personal signature to an electoral
paper, the mark is deemed to be his or her
25 personal signature if it is identifiable as such
and is made in the presence of a witness who
signs the electoral paper as such witness.
(3) Nothing in this section authorizes any person
to sign any electoral paper by a mark or
30 otherwise than in the person's own
handwriting in any case where this Act or the
regulations require him or her to sign the
electoral paper in his or her own
handwriting.
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(4) A person must not make the signature of any
other person on an electoral paper.
(5) A person who is guilty of any contravention
of this section is liable to a penalty of not
5 more than $1000.
(6) Nothing in this section affects the liability of
any person to be proceeded against for
forgery, but so that he or she is not liable to
be punished more than once in respect of the
10 same offence.
78. Penalty for untrue statements
(1) A person who knowingly makes any untrue
statement in any electoral paper or in any
information given to any officer for the
15 purposes of the preparation, maintenance or
revision of rolls is liable to a penalty of not
more than $1000.
(2) Nothing in this section affects the liability of
any person to be proceeded against for any
20 other offence, whether against this Act or
otherwise, but so that he or she is not liable
to be punished more than once in respect of
the same offence.
79. Penalties relating to the witnessing of
25 electoral papers
A person who--
(a) signs his or her name as witness on any
blank electoral paper; or
(b) signs his or her name as witness on any
30 electoral paper which has been wholly
or partly filled up unless it has been
signed by the person intended to sign it;
or
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(c) signs his or her name as witness on any
electoral paper unless he or she has
seen the person whose signature he or
she purports to witness sign it; or
5 (d) writes on any electoral paper as his or
her own name the name of another
person or any name not being his or her
own name--
is liable to a penalty of not more than $1000.
10 80. Witness to be satisfied as to truth of
statements
A person who witnesses any claim for
enrolment or transfer of enrolment who does
not before he or she affixes his or her
15 signature thereto satisfy himself or herself
(by inquiry from the claimant or otherwise)
that the statements contained in the claim are
true is liable to a penalty of not more than
$1000.
20 81. Failure to transmit claim
A person who accepts the custody of a claim
for enrolment or transfer of enrolment for
transmission on behalf of any other person to
the electoral registrar and does not transmit
25 the claim forthwith to the electoral registrar
is liable to a penalty of not more than $1000.
82. Forging or uttering electoral papers
A person who--
(a) forges any electoral paper; or
30
(b) utters any forged electoral paper
knowing the same to be forged--
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is guilty of an indictable offence and liable to
a penalty of $1000 or to imprisonment for a
term of not more than 2 years.
83. Electoral matter to be sent by post or by
5 facsimile
(1) All electoral papers provided for by this Part
or the regulations may be sent through the
post or transmitted by facsimile machine.
(2) If a person transmits by facsimile machine an
10 electoral paper required by this Part or the
regulations, the signature of the person on
the electoral paper so transmitted is deemed
to be the personal signature of that person.
84. Limitation of time for recovery of penalties
15 A person is not liable to any penalty,
forfeiture or punishment imposed by this
Part or the regulations unless the prosecution
for the offence is commenced against the
person within 12 months next after the
20 offence has been committed.
85. Correction of errors
(1) If any accidental or unavoidable impediment,
misfeasance or omission has happened in the
preparation or transmission or printing of
25 any roll under this Part, the Governor in
Council may by Order--
(a) take all such measures as may be
necessary for removing such
impediment or rectifying such
30 misfeasance or omission; or
(b) declare any such roll valid as to and
notwithstanding such impediment,
misfeasance or omission.
(2) The Order in Council must--
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(a) state specifically the nature of the
impediment, misfeasance or omission;
and
(b) be forthwith published in the
5 Government Gazette.
86. Regulations
The Governor in Council on the
recommendation of the Electoral
Commissioner may make regulations--
10 (a) prescribing any forms required to be
prescribed under this Part;
(b) prescribing any matters by this Part
required or authorized to be prescribed;
and
15 (c) generally for carrying this Part into
effect.'.
7. Amendment of Electoral Commissioner's functions,
powers and duties
After section 144D(1)(e) of the Principal Act
20 insert--
"(f) the power to conduct an election under the
Local Government Act 1989 if appointed to
do so by a Council under clause 1(2)(c) of
Schedule 2 of that Act;
25 (g) the power to--
(i) promote public awareness of electoral
matters that are in the general public
interest by means of the conduct of
education and information programs;
30 and
(ii) conduct and promote research into
electoral matters that are in the general
public interest;
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(h) the duty to undertake an activity referred to
in paragraph (g) upon receiving a reference
from the Minister to do so.".
8. Declaration by returning officers and postal voting
5 officers
(1) In section 147 of the Principal Act for "a
magistrate" substitute "a person who may witness
the signing of a statutory declaration under any
law of the Commonwealth or any State or
10 Territory".
(2) In section 147C of the Principal Act for "a
magistrate or notary public" substitute "a person
who may witness the signing of a statutory
declaration under any law of the Commonwealth
15 or any State or Territory".
9. Amendment to section 148
(1) For section 148(1) of the Principal Act
substitute--
"(1) The Electoral Commissioner may, by notice
20 published in the Government Gazette--
(a) appoint, by name, as many polling
places for each district and province as
the Electoral Commissioner considers
necessary; and
25 (b) declare polling places appointed under
paragraph (a) in respect of a district or
province to be polling places for
another district or province.".
(2) In section 148(3) of the Principal Act--
30 (a) omit "the subdivision of";
(b) for "in the subdivision" substitute "in the
province or district".
10. Repeal of section 148K(2)(b)(iii)
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Section 148K(2)(b)(iii) of the Principal Act is
repealed.
11. De-registration of non-Parliamentary party
In section 148P(1)(b) of the Principal Act for "the
5 period of 5 years since the polling day of the last
election for which the political party endorsed at
least one candidate" substitute "the last 5 years".
12. Amendment to section 155A
After section 155A(1)(d) of the Principal Act
10 insert--
"; and
(e) advertise in not less than 2 newspapers
circulating generally in Victoria the day of
nomination and the day of polling
15 respectively mentioned in the writ and also
the place for the province or district or each
province or each district to be appointed by
the returning officer or each returning officer
(as the case requires) for receiving
20 nomination papers and payments.".
13. Repeal of section 156
Section 156 of the Principal Act is repealed.
14. Nomination of candidates
(1) For section 159(1) of the Principal Act
25 substitute--
"(1) A person may become a candidate at any
election for the Council or the Assembly by
nomination in the following manner--
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(a) subject to paragraph (b), after the issue
of the writ and before noon on the day
of nomination there must be delivered
to the returning officer a nomination
5 form in the appropriate prescribed form
which--
(i) specifies the name, address of
residence and occupation of the
candidate; and
10 (ii) is signed by not less than 6
persons entitled to vote at the
election for which the candidate is
nominated or by the registered
officer of the registered political
15 party by which the candidate has
been endorsed for that election;
(b) if the candidate is nominated by the
registered officer of a registered
political party, the nominated form
20 referred to in paragraph (a) must be
delivered to--
(i) the returning officer after the issue
of the writ and before noon on the
day of nomination; or
25 (ii) the Electoral Commissioner after
the issue of the writ and before
noon of the day before the day of
nomination;
(c) there must be delivered with the
30 nomination form the sum of $350 in
respect of a candidate for election to the
Assembly or the sum of $700 in respect
of a candidate for election to the
Council, paid--
35 (i) in cash; or
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(ii) by bank cheque; or
(iii) by a cheque drawn by a non-bank
financial institution on itself.".
(2) For section 159(3) of the Principal Act
5 substitute--
"(3) A person shall not consent to being
nominated as a candidate for an election to
be held on the same day for--
(a) the Council and the Assembly;
10 (b) the Council in respect of more than one
province;
(c) the Assembly in respect of more than
one district.".
15. New Division 7 substituted
15 In Part V of the Principal Act for Division 7
substitute--
"Division 7--Duties of Returning Officer and
Electoral Commissioner where Number of
Candidates Exceeds Number of Members to be
20 Elected
163. Poll to be taken
(1) If the number of persons who have become
candidates at any election exceeds the
number of members to be elected, then for
25 deciding between such candidates a poll
shall take place on the day named in the writ
for that purpose and at the several polling
places for the province or district.
(2) The returning officer must immediately after
30 noon on the day and at the place named for
the delivery of the nomination papers
publicly announce that a poll will be so taken
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and the names of the persons who have
become candidates.
(3) The returning officer must advise the
Electoral Commissioner of the names of the
5 persons who have become candidates.
(4) The Electoral Commissioner must publish in
not less than 2 newspapers circulating
generally in Victoria the names of the
candidates for the province or district as the
10 case may be.".
16. New section 165A substituted
For section 165A of the Principal Act
substitute--
"165A. Determination of order on ballot-papers
15 To determine the order of names of
candidates on ballot-papers to be used in an
election, the returning officer must, in a
manner determined by the Electoral
Commissioner, draw the names of the
20 candidates by lot, either manually or by
computer.".
17. Amendment to section 166
In sections 166(4) and 166(5) of the Principal Act
for "Liquor Control Act 1987" substitute
25 "Liquor Control Reform Act 1998".
18. Amendment to section 171
In section 171 of the Principal Act for "electoral
registrar, or any person authorised to witness
30 declarations under the Evidence Act 1958"
substitute "the electoral registrar or a person who
may witness the signing of a statutory declaration
under any law of the Commonwealth or any State
or Territory".
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19. Amendment to section 172A
In section 172A of the Principal Act for "117A"
substitute "63".
20. Amendment to questions put to voters
5 In sections 179(1)(b) and 187(1)(b) of the
Principal Act, for "reside" substitute "live".
21. Amendment to section 185A
In section 185A of the Principal Act for "121A"
substitute "66".
10 22. Amendment to section 186
(1) In section 186(5) of the Principal Act for
"registrar for the subdivision of the province or
district for which the voter claims that he is
entitled to vote" substitute "electoral registrar".
15 (2) In section 186(6) of the Principal Act--
(a) for "registrar" (where twice occurring)
substitute "electoral registrar";
(b) omit "the subdivision of" (where twice
occurring);
20 (c) for "Division 6 of Part III or Division 5 of
Part IV" substitute "Part III";
(d) omit "report the matter to the chief electoral
officer who shall".
(3) In section 186(7) of the Principal Act--
25 (a) for "an electoral registrar" substitute "the
electoral registrar";
(b) omit "the subdivision of".
23. Amendment to sections 187, 230 and 234
In sections 187(5)(c), 230(3) and 234(1) of the
30 Principal Act for "13 days" (wherever occurring)
substitute "9 days".
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24. Amendment to section 191
After section 191(3) of the Principal Act insert--
"(4) Notwithstanding anything in this Part if any
voter satisfies the returning officer or deputy
5 that the voter is blind or that the voter's sight
is so impaired or that the voter is otherwise
so physically incapable that the voter is
unable to enter the polling place, the
returning officer or deputy may allow, in a
10 manner determined by the Electoral
Commissioner, the voter to vote outside the
polling place, in close proximity to the
polling place.".
25. Amendment to section 193
15 After section 193(1)(e) of the Principal Act
insert--
"; or
(f) Conducting an exit poll.".
26. Full preferential voting
20 Sections 205(3), 205(4) and 205(5) of the
Principal Act are repealed.
27. Amendment to section 207
In section 207(b)(v) of the Principal Act omit "the
name of the subdivision".
25 28. Amendment to section 208
(1) In section 208(1)(b)(v) of the Principal Act omit
"the name of the subdivision".
(2) Section 208(1)(ga) of the Principal Act is
repealed.
30 29. Amendment to section 208A
(1) In section 208A(1) of the Principal Act for
"Subject to sub-section (2), for" substitute "For".
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(2) Section 208A(2) of the Principal Act is repealed.
30. New section 210 substituted
For section 210 of the Principal Act substitute--
"210. Declaration of election
5 (1) As soon as possible after the date of the
polling at any election the returning officer
must--
(a) publicly declare the result of the
election and announce the name of the
10 candidate elected and place a notice of
the declaration signed by the returning
officer in some conspicuous position at
the principal polling place or at the
office of the returning officer; or
15 (b) if the returning officer and the Electoral
Commissioner are satisfied that any
votes which have not yet been received
by the returning officer cannot possibly
affect the result of the election, publicly
20 declare the result of the election and
announce the name of the candidate
elected being the candidate who is
certain to receive the greatest number
of votes and place a notice of the
25 declaration signed by the returning
officer in some conspicuous position at
the principal polling place or at the
office of the returning officer.
(2) The returning officer must as soon as
30 possible after declaring the result of the
election under sub-section (1)(a) or (1)(b)
advise the Electoral Commissioner of the
result of the election and the name of the
candidate elected.
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32
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(3) The Electoral Commissioner must publish in
not less than 2 newspapers circulating
generally in Victoria the result of the
election--
5 (a) by giving the name or names of the
candidate or candidates elected; or
(b) if the returning officer and the Electoral
Commissioner are satisfied that any
votes which have not yet been received
10 by the returning officer cannot possibly
affect the result of the election, by
declaring the name or names of the
candidate or candidates who is or are
certain to receive the greatest number
15 of votes to be duly elected.
(4) The number of first preference votes given
for each candidate and (if the case so
requires) the details of distribution of
preference votes shall be obtainable without
20 fee from the office of the Electoral
Commissioner during office hours.".
31. Antarctic voting
(1) In section 218B(2) of the Principal Act for
"Governor in Council" substitute "Electoral
25 Commissioner".
(2) In section 218D(1) of the Principal Act omit "for
the subdivision for which the elector is enrolled".
(3) In sections 218D(2) and 218D(3) of the Principal
Act for "an electoral" (wherever occurring)
30 substitute "the electoral".
(4) Sections 218D(4), 218D(5) and 218D(6) of the
Principal Act are repealed.
32. Amendment to section 220
After section 220(2) of the Principal Act insert--
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"(2A) An application form for a declaration and
postal ballot-paper may be physically
attached to, or form part of, other written
material issued by any person or
5 organization.
(2B) For the purposes of the Commonwealth
Copyright Act 1968, if a person other than
the owner of the copyright in the application
form for a declaration and postal ballot-paper
10 reproduces the application form, the person
is not taken to have infringed the copyright
in the application form.
(2C) A written application and declaration by a
person that he or she is an elector who is
15 entitled to apply for a declaration and postal
ballot-paper may be sent through the post or
transmitted by facsimile machine.
(2D) If a person transmits by facsimile machine a
written application and declaration under this
20 section, the signature of the person on the
written application and declaration so
transmitted is deemed to be the personal
signature of the person.".
33. Amendment to section 221
25 (1) In section 221(1)(e) of the Principal Act for
"116(3); or" substitute "62(3);".
(2) After section 221(1)(f) of the Principal Act
insert--
"(g) an elector who, because he or she will be at a
30 place (other than a hospital) caring for a
person who is seriously ill or infirm, is
unable to travel from that place to a polling
place;
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(h) an elector whose address has been excluded
from the roll under section 66;
(i) an elector who because of his or her religious
beliefs or membership of a religious order--
5 (i) is precluded from attending a polling
booth; or
(ii) for the greater part of the hours of
polling on polling day, is precluded
from attending a polling booth.".
10 (3) In sections 221(2), 221(6), 221(8), 221(9),
221(10), 221(11), 221(13) and 221(16) of the
Principal Act for "Electoral Commissioner"
(whenever occurring) substitute "electoral
registrar".
15 (4) In sections 221(2), 221(6), 221(9), 221(10),
221(11), 221(13) and 221(16)(a) of the Principal
Act for "province and district" substitute "district
and province".
(5) After section 221(5) of the Principal Act insert--
20 "(5A) An application under sub-section (2) may be
sent through the post or transmitted by
facsimile machine.
(5B) If a person transmits by facsimile machine an
application under sub-section (2), the
25 signature of the person on the application so
transmitted is deemed to be the personal
signature of that person.".
(6) In section 221(7) of the Principal Act--
(a) for "116(3)" substitute "62(3)";
30 (b) omit "for the subdivision for which the
person is claiming enrolment shall, forthwith
upon enrolment, notify the Electoral
Commissioner who".
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(7) In section 221(11) of the Principal Act for
"subdivision" substitute "district and province".
(8) For section 221(15) of the Principal Act
substitute--
5 "(15) If an elector who is a registered general
postal voter for a district and province makes
a claim under Part III for transfer of
enrolment to another district and province,
the electoral registrar must--
10 (a) transfer the registration of the elector as
a general postal voter for the other
district and province; or
(b) if the electoral registrar is satisfied that
the elector would not be entitled to be
15 so registered if the elector made an
application under sub-section (2),
cancel the registration of the elector as
a general postal voter and advise the
elector, in writing, to that effect.".
20 34. Repeal of section 267G
Section 267G of the Principal Act is repealed.
35. Publicising exit poll results
Before the heading to Division 20A of Part V of
the Principal Act insert--
25 "267GA. Prohibition of publicly disseminating exit
poll results during the hours of polling
A person must not, during the hours of
polling, publicly disseminate, or cause,
permit or authorize the public dissemination
30 of, the results of an exit poll carried out at a
polling place.
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s. 38
Act No.
Penalty: $1200 or 1 year imprisonment.".
36. New section 270 substituted
For section 270 of the Principal Act substitute--
"270. Electoral Commissioner to prepare list of
5 non-voters
Notwithstanding anything to the contrary in
this Act, the Electoral Commissioner at the
close of the poll at every election must
prepare a list of the names of the electors
10 who have not recorded their votes at the
election.".
37. Addresses to which non-voters' notices should be sent
In section 271 of the Principal Act--
(a) for paragraph (a) substitute--
15 "(a) must send by post to each elector
whose name appears on the list
prepared under section 270 at the
elector's latest known address, a notice
in the prescribed form notifying the
20 elector that he or she has failed to
record his or her vote at the election
and requiring him or her to state the
true reason why he or she failed so to
vote; and";
25 (b) for paragraph (b)(i) substitute--
"(i) the full name of the elector as
appearing on the list prepared under
section 270 and the elector's latest
known address and the name of the
30 electoral district or province in which
the elector was entitled to vote and the
elector's number on the roll; and".
38. Amendment to section 271B
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Act No.
In section 271B of the Principal Act for "121A"
(where twice occurring) substitute "66".
39. Amendment to section 272
In sections 272(3)(a), 272(3)(b) and 272(4) of the
5 Principal Act for "marked roll" (wherever
occurring) substitute "list prepared under section
270".
40. Amendment to section 273
In section 273 of the Principal Act--
10 (a) for "The marked roll" substitute "The list
prepared under section 270";
(b) for "such marked roll" (where twice
occurring) substitute "such list";
(c) omit "marked as aforesaid".
15 41. Amendment to section 306A
In section 306A(2) of the Principal Act--
(a) omit "a subdivision of";
(b) omit "subdivision of a".
42. Repeal of section 308
20 Section 308 of the Principal Act is repealed.
43. Form of ballot paper
In the Ninth Schedule to the Principal Act--
(a) after "Fold the ballot paper and put it in the
ballot box" insert "or declaration envelope,
25 as appropriate";
(b) omit "Do not take this ballot paper out of the
polling booth.".
_______________
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s. 44
47
Act No.
PART 3--AMENDMENTS TO OTHER ACTS
44. Constitution Act 1975
(1) In section 5 of the Constitution Act 1975 omit
the definition of "subdivision".
5 (2) Sections 27(3), 27(4), 35(3) and 35(4) of the
Constitution Act 1975 are repealed.
(3) After section 27(1A) of the Constitution Act
1975 insert--
"(1B) The abolition of subdivisions does not affect
10 the election of members of the Legislative
Council or the enrolment of electors in
respect of a province.".
(4) After section 35(1) of the Constitution Act 1975
insert--
15 "(1A) The abolition of subdivisions does not affect
the election of members of the Assembly or
the enrolment of electors in respect of a
district.".
45. Senate Elections Act 1958
20 In section 4 of the Senate Elections Act 1958--
(a) in sub-section (1A) for "eleven days nor
more than 28 days" substitute "10 days nor
more than 27 days";
(b) in sub-section (2) for "twenty-two days or
25 more than thirty days" substitute "23 days
or more than 31 days".
46. Electoral Boundaries Commission Act 1982
Section 17(2) of the Electoral Boundaries
Commission Act 1982 is repealed.
30 47. Geographic Place Names Act 1998
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Act No.
In section 4(a)(i) of the Geographic Place Names
Act 1998 omit "or a subdivision of an electoral
province or district".
48. Liquor Control Reform Act 1998
5 In Schedule 3 to the Liquor Control Reform Act
1998 in clause 17(2)(b) and (e) for "Chief
Electoral Officer" (wherever occurring)
substitute "Electoral Commissioner".
49. Local Government Act 1989
10 In Schedule 2 to the Local Government Act
1989--
(a) in clause 1(2)(c)--
(i) for "Victorian Electoral Commission"
substitute "Victorian Electoral
15 Commissioner";
(ii) for "Commission or Council"
substitute "Commissioner,
Commission or Council";
(b) in clause 15(3)(d)--
20 (i) for "State Electoral Office" substitute
"Victorian Electoral Commissioner";
(ii) for "Office" substitute
"Commissioner".
50. Juries Act 1967
25 In section 2(2)(b) of the Juries Act 1967 for
"Chief Electoral Officer" substitute "Electoral
Commissioner".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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The Constitution Act Amendment (Amendment) Act 1999
Act No.
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