CITY OF MELBOURNE ACT 2001 - SECT 11G Provision of voters' rolls
CITY OF MELBOURNE ACT 2001 - SECT 11G
Provision of voters' rollsS. 11G(1) substituted by No. 9/2020 s. 344(1).
(1) On the request after nomination day of any candidate for election as Lord Mayor or Deputy Lord Mayor, the Registrar must provide a copy of the voters' roll for the municipal district.
S. 11G(1A) inserted by No. 9/2020 s. 344(1).
(1A) On the request after nomination day of any candidate for election as a Councillor (other than as Lord Mayor or Deputy Lord Mayor), the Registrar must provide a copy of the voters' roll for the ward for which the candidate has nominated to be the candidate.
S. 11G(2) substituted by No. 9/2020 s. 344(1).
(2) The voters' roll must be provided to the candidate—
(a) free of charge; and
(b) in a form determined by the Registrar.
(3) A candidate must—
(a) only use a copy of a voters' roll provided under subsection (2) for the purpose of conducting the election campaign; and
S. 11G(3)(b) amended by No. 9/2020 s. 344(2).
(b) within the period of 30 days after the day of the election, either destroy the copy of the voters' roll and any copies made from it or return the copy of the voters' roll and any copies made from it to the Registrar.
Penalty: 20 penalty units.
S. 11G(4) substituted by No. 9/2020 s. 344(3).
(4) After receiving a request from any person or organisation, other than a candidate under subsection (1), for a voters' roll, the Registrar must—
(a) identify the public interest in providing the requested information; and
(b) consult with the Information Commissioner appointed under the Freedom of Information Act 1982 in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014 on the public interest in protecting the privacy of personal information; and
(c) taking into account the advice of the Information Commissioner, make a finding whether or not the public interest in providing the voters' roll outweighs the public interest in protecting the privacy of personal information in the particular circumstances.
S. 11G(5) amended by Nos 60/2014 s. 140(Sch. 3 item 6.2), 20/2017 s. 134(Sch. 1 item 2.2), substituted by No. 9/2020 s. 344(3).
(5) Subject to subsection (6), if the Registrar has made a finding under subsection (4) that the public interest in providing the voters' roll outweighs the public interest in protecting the privacy of personal information, the Registrar may—
(a) provide the voters' roll to the person or organisation; and
(b) charge a fee that covers the cost to the Registrar of providing the voters' roll.
S. 11G(6) amended by No. 53/2015 s. 86, substituted by No. 9/2020 s. 344(3).
(6) The Registrar must obtain from the person or organisation to be provided with a voters' roll under this section an undertaking that the person or organisation will—
(a) only use the voters' roll for the purpose for which the Registrar agreed to provide the voters' roll; and
(b) not copy the voters' roll or give it to any other person or organisation; and
(c) return the voters' roll to the Registrar or destroy the voters' roll after using it for the purpose for which the Registrar agreed to provide the voters' roll.
S. 11G(7) amended by Nos 60/2014 s. 140(Sch. 3 item 6.2), 20/2017 s. 134(Sch. 1 item 2.2), substituted by No. 9/2020 s. 344(3).
(7) A person or organisation that is provided with a copy of the voters' roll under subsection (5) must comply with subsection (6).
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
S. 11G(8)–(10) amended by Nos 60/2014 s. 140(Sch. 3 item 6.2), 20/2017 s. 134(Sch. 1 item 2.2), repealed by No. 9/2020 s. 344(3).
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S. 11G(11)(12) repealed by No. 9/2020 s. 344(3).
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Division 2—Elections
S. 12 substituted by No. 109/2003 s. 99, amended by Nos 53/2015 s. 87, 9/2020 s. 345.