Victorian Consolidated Legislation

ELECTORAL ACT 2002

No. 23 of 2002
Version incorporating amendments as at 10 August 2007

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose and outline of Act
   2.      Commencement
   3.      Definitions
   3A.     Homeless persons
   4.      Electoral matter
   5.      Extraterritorial operation of Act

   PART 2-VICTORIAN ELECTORAL COMMISSION

   6.      Victorian Electoral Commission
   7.      Constitution of Commission
   8.      Responsibility and functions of the Commission
   9.      Powers of the Commission
   10.     Commission not subject to direction or control
   11.     Election manual and guidelines
   12.     The Electoral Commissioner
   13.     Deputy Electoral Commissioner
   14.     Suspension from office
   15.     Other terms and conditions
   16.     Functions, powers and duties
   17.     Staff
   18.     Election managers and election officials
   19.     Delegations

   PART 3-ENROLMENT PROCEDURES AND INFORMATION

           Division 1-Register of electors

   20.     Arrangement with Commonwealth
   21.     Register of electors for Victoria
   22.     Entitlement to enrolment of electors for Assembly and Council
   23.     Claims for enrolment and notice of change of address
   24.     General postal voters
   25.     Power to refuse to include inappropriate names on register
   26.     Information to be supplied to Commission
   27.     Review of register of electors
   28.     Register of electors not available for public inspection

           Division 2-Electoral rolls

   29.     Electoral rolls
   30.     Correction of errors in electoral rolls
   31.     Request to be silent elector
   32.     Inspection of list of electors and electoral rolls

           Division 3-Enrolment information

   33.     Provision of enrolment information to political parties, members and candidates
   34.     Provision of enrolment information to others
   35.     Report to Parliament
   36.     Use of enrolment information
   37.     Prohibition of disclosure or commercial use of enrolment information

           Division 4-Enrolment objections and Tribunal reviews

   38.     Objections to enrolment
   39.     Notice of objection
   40.     Answer to objection
   41.     Determination of objection
   42.     Review by Tribunal

   PART 4-REGISTRATION OF POLITICAL PARTIES

   43.     Register of Political Parties 44. Registered officer of a political party
   45.     Application for registration
   46.     Political party not to be registered during election
   47.     Political parties with certain names not to be registered
   48.     Variation of application
   49.     Publication of notice of application
   50.     Registration
   51.     Changes to Register of Political Parties 52. Commission to review registration of political parties
   53.     Voluntary de-registration
   54.     De-registration of party not endorsing candidates
   55.     De-registration of political party on failure to provide information and documents
   56.     De-registration of political party on other grounds
   57.     De-registration
   58.     De-registered political party is ineligible for registration
   58A.    Registered political party must apply for re-registration
   58B.    Application for re-registration
   58C.    Political party not to be re-registered during election
   58D.    Re-registration
   59.     Inspection of Register of Political Parties 60. Review of certain decisions

   PART 5-ELECTION PROCEDURES

           Division 1-Writs

   61.     Writs for elections
   62.     Vacancy occurring by reason of resignation to contest Commonwealth election
   63.     Issue of writ and days appointed
   64.     Duties of Commission on receipt of writ

           Division 2-Voting centres

   65.     Appointment of voting centres
   66.     Use of licensed premises as voting centre
   67.     Use of prescribed premises as voting centre

           Division 3-Nominations and candidates

   68.     Commission to make particulars of candidates available
   69.     Nomination of candidates
   69A.    Grouping of candidates for Council elections
   69B.    Group voting tickets
   70.     Rejection of nominations
   71.     Retirement of candidate
   72.     Failed election

           Division 4-Arrangements for holding elections

   73.     When election is required
   73A.    Group voting tickets to be displayed
   74.     Ballot-papers to be prepared
   75.     Notification of election
   76.     Provisions relating to scrutineers

           Division 5-How-to-vote cards

   77.     Submission of how-to-vote cards to the election manager
   78.     Submission of how-to-vote cards to the Commission
   79.     Registration process
   80.     Alterations to registered how-to-vote card to correct error
   81.     Supply of how-to-vote cards
   82.     How-to-vote cards available for inspection
   82A.    Review of the Commission's decision

           Division 6-Electoral matter

   83.     Printing and publication of electoral advertisements, handbills, pamphlets or notices
   84.     Misleading or deceptive matter
   85.     Heading to electoral advertisements
   86.     Authors to be identified

   PART 6-VOTING

           Division 1-Entitlement to vote

   87.     Voting at elections

           Division 2-Voting at an election day voting centre

   88.     Ballot-box to be exhibited before voting
   89.     Hours of voting
   90.     Questions to be asked of voter
   91.     Election official may require voter to make declaration as to identity
   92.     Elector to receive ballot-paper
   93.     How votes to be marked by elector in Assembly election
   93A.    How votes to be marked by elector in Council election
   94.     Electors requiring assistance
   95.     Provision for persons unable to write
   96.     Spoilt ballot-papers
   97.     Provisions relating to adjournments
   97A.    Temporary suspension of voting at an election day voting
           centre

           Division 3-Early voting and postal voting

   98.     Electors who may apply to vote early or by post
   99.     Application to vote early
   100.    Interstate and overseas voting centres
   101.    Application to vote by post
   102.    Duty of authorised witness in witnessing signature
   103.    Application to vote by post made outside Australia
   104.    Issue of declaration and ballot-paper to postal voters
   105.    Issue of declaration and ballot-paper to general postal voters
   106.    Directions for postal voting

           Division 4-Specific provisions

   107.    Provision of silent elector's address
   108.    Vote of person whose name is not on electoral roll but who is entitled to vote
   109.    Provisions as to voting by absent voters
   110.    Elector claiming to vote whose name on roll has been marked

   PART 6A-ELECTRONIC VOTING

   110A.   Application of Part 6 to electronic voting
   110B.   No entitlement to electronic voting
   110C.   Where is electronic voting available?
   110D.   Who can access electronic voting?
   110E.   Approval of computer program for electronic voting
   110F.   Security arrangements
   110G.   Ballot-papers
   110H.   Voting
   110I.   Offence in relation to electronic voting

   PART 7-ELECTION RESULTS

   111.    Preliminary scrutiny of declaration votes
   112.    Rejection of ballot-papers
   112A.   Certain Council ballot-papers with non-consecutive
           numbers to be formal
   112B.   Council ballot-papers deemed to be marked according to group voting tickets
   113.    Procedure to ascertain number of votes when 2 candidates
           only for Assembly election
   114.    Procedure to ascertain the number of votes where more than 2 candidates for Assembly election
   114A.   Procedure for ascertaining number of votes for Council candidates
   115.    Use of electronic counting equipment
   116.    Indicative two candidate preferred distribution of preferences
   117.    Determination of tied election
   118.    Adjournment of count of votes
   119.    Preference distribution for information purposes
   120.    Recount of ballot-papers before declaration of election
   121.    Declaration of result
   122.    Ballot material to be secured and stored
   123.    Election information

   PART 8-COURT OF DISPUTED RETURNS

           Division 1-Constitution and powers

   124.    The Court of Disputed Returns
   125.    Powers of Court
   126.    Court must act fairly
   127.    General procedure
   128.    Legal representation
   129.    Decisions to be final
   130.    Costs
   131.    Other costs
   132.    Consequences of Court's declarations

           Division 2-Disputing validity of election

   133.    Method of disputing elections
   134.    Who may dispute an election
   135.    Requirements of petition
   136.    Right of Commission to be represented
   137.    Evidence that person not permitted to vote
   138.    Inquiries by Court of Disputed Returns
   139.    Election not to be void unless result affected
   140.    Voiding election for certain offences
   141.    Copies of petition and order of Court to be sent to Clerk of Parliaments
   142.    Deposits applicable for costs

           Division 3-Referral of qualification or vacancy

   143.    Reference of question as to qualification or vacancy
   144.    Speaker or President to state case
   145.    Parties to the reference
   146.    Powers of Court of Disputed Returns
   147.    Order to be sent to Clerk of the Parliaments

   PART 9-ENFORCEMENT AND OFFENCES

           Division 1-Offences

   148.    False information
   149.    Forging or uttering electoral papers
   150.    Voting offences
   151.    Bribery
   152.    Interference with political liberty
   153.    Tampering
   153A.   Application provision
   154.    Secrecy of vote
   155.    Prohibition of publicly disseminating exit poll results during the hours of voting
   156.    Distribution of printed electoral material
   157.    Power to request handing over of how-to-vote cards
   158.    Conduct near voting centres
   159.    Prohibition of use of public address systems during hours of voting
   160.    Offence to impersonate
   161.    Offence by certain persons

           Division 2-Enforcement of compulsory voting

   162.    Commission to prepare list of non-voters
   163.    Notice to electors who have not voted
   164.    Replies by or on behalf of electors
   165.    List to be evidence
   166.    Offences
   167.    Power to serve infringement notice
           168, 169 Repealed
   170.    Penalties to be paid for offences under infringement notices
           171-173 Repealed

           Division 3-General enforcement provisions

   174.    Powers of election manager and election official
   175.    Institution of proceedings for offences
   176.    Injunctions
   177.    Time for certain proceedings to be commenced

   PART 9A-REFERENDUMS

   177A.   Purpose of this Part 177B. Application of provisions relating to elections
   177C.   Distribution of arguments for and against Bill to electors
   177D.   Issue of writ
   177E.   Copy of Bill or statement
   177F.   Duties of Commission on receipt of writ
   177G.   Electors who are entitled to vote
   177H.   Voting to be by ballot
   177I.   Form of ballot-papers
   177J.   Rejection of ballot-paper
   177K.   Declaration of the result

   PART 10-GENERAL

   178.    Evidentiary provisions
   179.    Offences by corporations
   180.    Refunds of deposits
   181.    Appropriation of money
   182.    Specified day
   183.    Supreme Court-limitation of jurisdiction
   184.    Regulations

   PART 11-TRANSITIONAL AND CONSEQUENTIAL

   185.    Repeal
   186.    Transitional provisions
           187-205 Repealed

   PART 12-ELECTION EXPENDITURE

           Division 1-Preliminary

   206.    Definitions
   207.    Campaign committee to be treated as registered political party

           Division 2-Election expenditure

   208.    Statement of expenditure
   209.    Audit of statement
   210.    Powers of Commission
   211.    Entitlement
   212.    Making of payments
   213.    Death of a candidate
   214.    Indexation
   215.    Appropriation

           Division 3-Capping of political donations

   216.    Certain political donations prohibited
   217.    Penalty

           Division 4-Miscellaneous

   218.    Offences
   219.    Recovery of payments
   220.    Records to be kept
   221.    Amendment of statements
   222.    Provision of annual returns

           Division 5-Repeals

   223.    Repeals
           __________________
           SCHEDULE 1-Form of Writ
           SCHEDULE 1A-Form of Ballot-Paper for the Council (Fewer than 20 Groups)
           SCHEDULE 1B-Form of Ballot-Paper for the council (20 or more Groups)
           SCHEDULE 2-Form of Ballot-Paper for the Assembly
           SCHEDULE 3-Form of Writ for a Referendum
           SCHEDULE 4-Form of Ballot-Paper for a Referendum
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details