Victorian Consolidated Legislation

Electoral Act 2002 - SECT 177B

Application of provisions relating to elections

177B. Application of provisions relating to elections



(1) Subject to this Part, the provisions of this Act and the regulations made
under this Act apply so far as they are applicable to and in respect of a
referendum as if it were an election.

(2) Without limiting subsection (1), for the purposes of the conduct of a
referendum-

   (a)  a reference to a writ is to be construed as a reference to a writ for
        a referendum;

   (b)  a reference to the election day is to be construed as a reference to
        the day fixed by the writ for a referendum for the taking of votes on
        the referendum;

   (c)  a reference to an election is to be construed as a reference to a
        referendum;

   (d)  a reference to electoral matter or electoral papers is to be construed
        as a reference to corresponding electoral matter or electoral papers
        in relation to a referendum;

   (e)  a reference to a ballot-paper, ballot material, ballot-box or other
        thing is to be construed as a reference to a ballot-paper, ballot
        material, ballot-box or corresponding thing in relation to a
        referendum;

   (f)  a reference to a how-to-vote card is to be construed as a reference to
        a corresponding how-to-vote card in relation to a referendum and as
        if-

   (i)  paragraph (b) of the definition of how-to-vote card in section 3 were
        omitted; and
(ii) in section 77(1)(a), if the day appointed for the taking of votes on a
referendum is not on an election day for an election, the reference to "final
nomination day" were a reference to a day fixed and publicly advertised by the
Commission for the purposes of this paragraph;

   (g)  a reference to disputing the validity of an election is to be
        construed as a reference to disputing the validity of a referendum.

(3) For the purposes of a referendum-

   (a)  the Commission may appoint appropriate persons as election managers or
        election officials and make the necessary arrangements for the taking
        of the votes of electors in each electoral district;

   (b)  a ballot-paper must not be rejected as informal except in accordance
        with this Part;

   (c)  the vote of an elector must be marked on the ballot-paper in the
        manner directed by this Part.

(4) For the purposes of a referendum, if the day appointed for the taking of
votes on a referendum is the same as the election day for an election, an
application by an elector to vote early under section 99 cannot be made before
the day after the final nomination day for the election.

(5) For the purposes of a referendum, if the day appointed for the taking of
votes on a referendum is not on an election day for an election, an
application by an elector to vote early under section 99 may be made on the
days and during the hours fixed and publicly advertised by the Commission for
the purposes of this subsection.

(6) Part 12 does not apply in respect of a referendum.