CITY OF MELBOURNE ACT 2001 - SECT 19 Compulsory voting
CITY OF MELBOURNE ACT 2001 - SECT 19
Compulsory votingS. 19(1) amended by No. 9/2020 s. 349(1).
(1) Subject to subsection (1A), it is compulsory for a person who is enrolled on the voters' roll in respect of the City of Melbourne to vote—
(a) at any election for the Lord Mayor or the Deputy Lord Mayor; and
(b) at any election for a Councillor or Councillors.
S. 19(1A) inserted by No. 9/2020 s. 349(2).
(1A) Subsection (1) does not apply if an exemption prescribed by regulations made under this Act or the Local Government Act 2020 applies to the person.
(2) A person must vote as required by subsection (1).
Penalty: 1 penalty unit.
(3) If an election in respect of the Lord Mayor or the Deputy Lord Mayor and in respect of a Councillor or Councillors is held on the same day, a person who fails to vote in both elections is only guilty of one offence under subsection (2).
(4) If one or both of the representatives appointed by a corporation fail to vote at an election—
(a) the corporation is guilty of an offence against subsection (2);
(b) the representative is, or the representatives are, not guilty of an offence against subsection (2).
S. 19(5) amended by No. 109/2003 s. 101.
(5) A corporation is not guilty of an offence under subsection (2) in respect of the failure to vote of a deemed representative if it did not receive a notice under section 9D(6) in respect of the enrolment of the representative before the date of the election.
S. 19(6) amended by No. 79/2006 s. 85, substituted by No. 63/2012 s. 30, amended by No. 53/2015 s. 89.
(6) In this section—
infringement means an offence against this section;
S. 19(6) def. of prescribed penalty substituted by No. 9/2020 s. 349(3).
prescribed penalty means 0·5 penalty units;
"prosecution officer" means the Victorian Electoral Commission or a person appointed by the Victorian Electoral Commission for the purposes of this section.
S. 19(7) inserted by No. 63/2012 s. 30.
(7) A prosecution officer may serve or cause to be served an infringement notice on any person or corporation if the prosecution officer has reason to believe that the person or corporation has committed an infringement.
S. 19(8) inserted by No. 63/2012 s. 30.
(8) An offence referred to in subsection (7) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed penalty in respect of that offence.
S. 19(9) inserted by No. 63/2012 s. 30.
(9) In addition to the details required under section 13 of the Infringements Act 2006 , the details of the election to which the alleged infringement relates must be included in an infringement notice served under subsection (7), including—
(a) the name of the Council; and
(b) the date of the election; and
S. 19(9)(c) substituted by No. 9/2020 s. 349(4).
(c) the name of the ward; and
S. 19(9)(d) inserted by No. 9/2020 s. 349(4).
(d) if the election was conducted by postal voting, the date voting closed.
S. 19(10) inserted by No. 9/2020 s. 349(5).
(10) Payments received by the
prosecution officer under this section, in relation to the enforcement of
an infringement, must be paid to the Council.
Part 4—Council administration
S. 20 repealed by No. 9/2020 s. 346.
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S. 20A inserted by No. 53/2015 s. 90, repealed by No. 9/2020 s. 346.
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S. 21 substituted by No. 9/2020 s. 350.