City of Melbourne (Electoral) Regulations 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 1 3 Commencement 2 4 Revocations 2 5 Definitions 2 6 Application 4 PART 2—VOTERS' ROLLS 5 Division 1—Enrolment of voters 5 7 Interpretation 5 8 Enrolment application by property owner 5 9 Enrolment application by property occupier 6 10 Application by person appointed by corporation 7 11 Request to vary owner enrolment 8 12 Request to vary occupier enrolment 9 13 Resignation of corporation appointment 9 14 Revocation of corporation appointment 10 Division 2—Silent voters 10 15 Silent voter request 10 16 Silent voter record 10 17 Silent voter's details to be kept secure 11 18 Silent voter not required to provide address 11 Division 3—Form of exhibition and voters' rolls 11 19 Exhibition roll and voters' roll 11 -- 1 of 44 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel PART 3—CANDIDATES 13 Division 1—Candidates and scrutineers—Lord Mayor and Deputy Lord Mayor 13 20 Notice of candidature 13 21 Notice of withdrawal of candidature 14 22 Group name of Lord Mayor and Deputy Lord Mayor 15 23 Appointment and declaration of scrutineer 15 Division 2—Candidates and scrutineers—Councillors 16 24 Nomination for election 16 25 Notice of withdrawal of nomination 18 26 Appointment and declaration of scrutineer 18 Division 3—How-to-vote cards 19 27 Application of Division 19 28 Submission of how-to-vote card to returning officer 19 29 Details to be included in how-to-vote card submission 20 30 Registration or refusal of registration of how-to-vote card 21 31 Review of returning officer's decision 23 32 Provision of how-to-vote cards 23 Division 4—Candidate information 24 33 Application and interpretation of Division 24 34 Prescribed documents—candidate information 24 35 Joint statement—Lord Mayor and Deputy Lord Mayor 25 36 Candidate statement—Ungrouped candidates 26 37 Group statement 27 38 Reference to other candidates 29 39 Rejection and amendment of statements 29 40 Indication of preferences—Lord Mayor and Deputy Lord Mayor 31 41 Indication of preferences—Ungrouped candidates 31 42 Candidate information on the Internet 32 43 Publication of candidate information 32 44 Disclaimer on statements 34 PART 4—GENERAL ELECTION MATTERS 35 45 Form of ballot-paper—Lord Mayor and Deputy Lord Mayor 35 46 Validity of ballot-paper—Lord Mayor and Deputy Lord Mayor 35 47 Validity of ballot-paper—Councillors 37 48 Application of Local Government (Electoral) Regulations 2005 38 __________________ -- 2 of 44 -- Regulation Page iii Authorised by the Chief Parliamentary Counsel SCHEDULE—Silent Voter Request Form 40 ═══════════════ ENDNOTES 41 -- 3 of 44 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 30/2012 Local Government Act 1989 City of Melbourne Act 2001 City of Melbourne (Electoral) Regulations 2012 The Governor in Council makes the following Regulations: Dated: 8 May 2012 Responsible Minister: JEANETTE POWELL Minister for Local Government MATTHEW McBEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to make provision for elections conducted under the City of Melbourne Act 2001; and (b) to apply, with modifications, the Local Government (Electoral) Regulations 2005 to elections conducted under the City of Melbourne Act 2001. 2 Authorising provisions These Regulations are made under section 243 of the Local Government Act 1989 and section 29 of the City of Melbourne Act 2001. -- 4 of 44 -- Part 1—Preliminary City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 8 May 2012. 4 Revocations The following Regulations are revoked— (a) the City of Melbourne (Elections) Regulations 2001 1 ; (b) the City of Melbourne (Elections) Amendment Regulations 20082 . 5 Definitions In these Regulations— candidate information means— (a) in relation to candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor, joint statements, photographs and indications of preferences; (b) in relation to a candidate for the office of Councillor who is a member of a group and in relation to the ward or municipal district for which the voter is entitled to vote, group statements, photographs of group members and one or more group voting tickets; (c) in relation to a candidate for the office of Councillor who is not a member of a group and in relation to the ward or municipal district for which the voter is entitled to vote, candidate statements, photographs and indications of preferences; candidate statement means a statement lodged under regulation 36; r. 3 -- 5 of 44 -- Part 1—Preliminary City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 3 Authorised by the Chief Parliamentary Counsel Councillor means a Councillor referred to in section 6(1)(c) of the City of Melbourne Act 2001; election official for an election, means the returning officer for the election or an authorised person who has made a declaration under clause 2 of Schedule 2 to the Local Government Act 1989 that is in accordance with regulation 18 of the Local Government (Electoral) Regulations 2005; group means 2 or more candidates for Councillor who make a valid request under clause 3 of Schedule 1 to the City of Melbourne Act 2001 for their names to be grouped on the ballot-paper; group statement means a statement lodged under regulation 37; group voting ticket means a group voting ticket registered under clause 6 of Schedule 1 to the City of Melbourne Act 2001; indication of preferences means a document containing an indication of the preferred order of voting of— (a) a candidate; or (b) a pair of candidates for the office of Lord Mayor and Deputy Lord Mayor; joint statement means a statement lodged under regulation 35; postal ballot envelope means an envelope issued to a voter under regulation 81 of the Local Government (Electoral) Regulations 2005; r. 5 -- 6 of 44 -- Part 1—Preliminary City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 4 Authorised by the Chief Parliamentary Counsel silent voter means— (a) a voter whose address is not shown on a voters' roll; or (b) an elector whose address is not shown on the relevant Roll under the Commonwealth Electoral Act 1918; or (c) a silent elector within the meaning of the Electoral Act 2002. 6 Application If an Order in Council made under section 6B of the City of Melbourne Act 2001 is in force in relation to an election of Councillors— (a) the Local Government (Electoral) Regulations 2005 apply to that election; and (b) these Regulations do not apply to that election. __________________ r. 6 -- 7 of 44 -- Part 2—Voters' Rolls City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 5 Authorised by the Chief Parliamentary Counsel PART 2—VOTERS' ROLLS Division 1—Enrolment of voters 7 Interpretation In this Division— (a) a reference to the corporation details of a corporation means the following— (i) the corporation's name; (ii) the ACN of the corporation; (iii) the registered address of the corporation; (b) a reference to the personal details of a person means the following— (i) the person's full name; (ii) the person's date of birth; (iii) the person's residential address; (iv) the person's postal address. 8 Enrolment application by property owner For the purposes of section 9(2)(b) of the City of Melbourne Act 2001, an application by an owner of any rateable property in the municipal district who is entitled under section 9B(1) of that Act to apply to be enrolled must be in writing and include the following details— (a) the address of the relevant rateable property; (b) the personal details of the person making the application; r. 7 -- 8 of 44 -- Part 2—Voters' Rolls City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 6 Authorised by the Chief Parliamentary Counsel (c) if the property is jointly owned, the names of all the other joint owners of the relevant rateable property; (d) a declaration signed and dated by that person that the person— (i) is an owner of the rateable property for which he or she is applying to be enrolled; and (ii) would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled; and (iii) is a resident of the municipal district. 9 Enrolment application by property occupier For the purposes of section 9(2)(b) of the City of Melbourne Act 2001, an application by an occupier of any rateable property in the municipal district who is entitled under section 9B(1) of that Act to apply to be enrolled must be in writing and include the following details— (a) the address of the relevant rateable property; (b) the personal details of the person making the application; (c) the name of the property owner, if known; (d) a declaration signed and dated by that person that the person— (i) is an occupier of the rateable property for which he or she is applying to be enrolled; and r. 9 -- 9 of 44 -- Part 2—Voters' Rolls City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 7 Authorised by the Chief Parliamentary Counsel (ii) would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled; and (iii) is a resident of the municipal district. 10 Application by person appointed by corporation For the purposes of section 9(2)(b) of the City of Melbourne Act 2001, an application by 2 people appointed to vote on behalf of a corporation or the joint owners or joint occupiers of any rateable property in the municipal district under section 9C(1) of that Act must be in writing and include the following details— (a) the address of the relevant rateable property; (b) the personal details of each person appointed under section 9C(1); (c) the corporation details of the corporation making the application; (d) a declaration signed and dated by each person appointed that— (i) the person consents to the appointment; and (ii) the person would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled; and (iii) the corporation is an owner or joint owner or occupier or joint occupier of the rateable property (as the case may be); and r. 10 -- 10 of 44 -- Part 2—Voters' Rolls City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 8 Authorised by the Chief Parliamentary Counsel (iv) each person named on the application as an appointee is a company secretary, public officer or director of the corporation (as the case may be) and is appointed a voting representative of the corporation. 11 Request to vary owner enrolment A written request made by an owner or 2 owners of a rateable property for the purposes of section 9F(2) or (3) of the City of Melbourne Act 2001 must contain the following details— (a) the address of the relevant rateable property; (b) the names of all owners of the rateable property; (c) the name of each owner to be removed from the voters' roll; (d) the personal details of each owner requested to be enrolled on the voters' roll; (e) a declaration signed and dated by each owner requesting to be enrolled stating that he or she— (i) is an owner of the rateable property; and (ii) is not a resident of the municipal district; and (iii) would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled; (f) the signed and dated authorisation of at least one joint owner of the property who is not requesting to be enrolled in relation to the property. r. 11 -- 11 of 44 -- Part 2—Voters' Rolls City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 9 Authorised by the Chief Parliamentary Counsel 12 Request to vary occupier enrolment A written request made by an occupier or 2 occupiers of a rateable property for the purposes of section 9F(2) or (3) of the City of Melbourne Act 2001 must contain the following details— (a) the address of the relevant rateable property; (b) the names of all occupiers of the rateable property; (c) the name of each occupier to be removed from the voters' roll; (d) the personal details of each occupier requested to be enrolled on the voters' roll; (e) a declaration signed and dated by each occupier requesting to be enrolled stating that he or she— (i) is an occupier of the rateable property; and (ii) is not a resident of the municipal district; and (iii) would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled; (f) the signed and dated authorisation of at least one joint occupier of the property who is not requesting to be enrolled in relation to the property. 13 Resignation of corporation appointment A notice of resignation under section 9G(2)(a)(iii) of the City of Melbourne Act 2001 must be in writing and include the following details— (a) the personal details of the person resigning his or her appointment; r. 12 -- 12 of 44 -- Part 2—Voters' Rolls City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 10 Authorised by the Chief Parliamentary Counsel (b) the corporation details of the corporation that the person was appointed to represent; (c) a declaration signed and dated by the person that he or she resigns the appointment. 14 Revocation of corporation appointment A notice of revocation under section 9G(2)(b) of the City of Melbourne Act 2001 must be in writing and include the following details— (a) the corporation details of the corporation revoking the appointment; (b) the name of the person whose appointment is to be revoked; (c) a declaration signed and dated by the person authorised to make the notice of revocation on behalf of the corporation which includes a statement that the appointment of the person referred to in paragraph (b) is revoked. Division 2—Silent voters 15 Silent voter request For the purposes of section 10(1) of the City of Melbourne Act 2001, the prescribed form is the form set out in the Schedule. 16 Silent voter record (1) The Chief Executive Officer must maintain a record of silent voters whose requests under section 10(1) of the City of Melbourne Act 2001 are granted. r. 14 -- 13 of 44 -- Part 2—Voters' Rolls City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 11 Authorised by the Chief Parliamentary Counsel (2) A person may be removed from the record of silent voters after the entitlement day if— (a) the person is no longer entitled to be enrolled under section 9A(3), 9A(5), 9B or 9C of the City of Melbourne Act 2001 on the voters' roll; or (b) the person has requested in writing that he or she no longer be listed as a silent voter. 17 Silent voter's details to be kept secure (1) The Chief Executive Officer must ensure that only persons authorised by him or her have access to— (a) the address of a silent voter; or (b) the information contained in a request made under section 10(1) of the City of Melbourne Act 2001. (2) A Registrar or returning officer must ensure that only persons authorised by him or her have access to the address of a silent voter. 18 Silent voter not required to provide address A silent voter is not required to provide the address for which the voter is enrolled on any application made or declaration given under Part 5 or 6 of the Local Government (Electoral) Regulations 2005. Division 3—Form of exhibition and voters' rolls 19 Exhibition roll and voters' roll (1) An exhibition roll prepared under section 11B of the City of Melbourne Act 2001 and a voters' roll prepared under section 11D(2) of that Act must include the following details— (a) if the municipal district is divided into wards, the name of the relevant ward; r. 17 -- 14 of 44 -- Part 2—Voters' Rolls City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 12 Authorised by the Chief Parliamentary Counsel (b) the year of the roll; (c) the full name of each voter; (d) except in the case of a silent voter— (i) the address in respect of which the voter is entitled to be enrolled on the roll; and (ii) if the voter has a different postal address, that postal address. (2) In addition to the details listed in subregulation (1), the exhibition roll must identify those persons whose enrolment on the current voters' roll prepared under section 11D(2) of the City of Melbourne Act 2001 will cease to have effect under section 9(3) of that Act. (3) The exhibition roll and the voters' roll must not include— (a) the address of a silent voter; or (b) the date of birth of a voter. __________________ r. 19 -- 15 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 13 Authorised by the Chief Parliamentary Counsel PART 3—CANDIDATES Division 1—Candidates and scrutineers—Lord Mayor and Deputy Lord Mayor 20 Notice of candidature (1) A notice of candidature under section 15(2) of the City of Melbourne Act 2001 for the office of Lord Mayor and Deputy Lord Mayor must be in writing and, for the purposes of clause 5(1)(a) of Schedule 2 to the Local Government Act 1989, include the following details— (a) the full name of the candidate seeking election as Lord Mayor and the full name of the candidate seeking election as Deputy Lord Mayor; (b) the address of each candidate in respect of which he or she is enrolled on the voters' roll or, if the candidate is not enrolled on the voters' roll, the entitlement address provided in a statutory declaration given under clause 6(3A) of Schedule 2 to the Local Government Act 1989; (c) if different from the address mentioned in paragraph (b), each candidate's residential and postal addresses; (d) details of how each candidate may be contacted on short notice during business hours and during non-business hours, which may include— (i) telephone numbers; (ii) facsimile numbers; (iii) email addresses; r. 20 -- 16 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 14 Authorised by the Chief Parliamentary Counsel (e) the form in which each candidate's name is to appear on the ballot-paper. (2) Each candidate for the office of Lord Mayor and Deputy Lord Mayor must include with the notice of candidature under section 15(2) of the City of Melbourne Act 2001 a signed and dated declaration that states for the purpose of clause 5(1)(c) of Schedule 2 to the Local Government Act 1989 that the candidate— (a) is applying to be a candidate for the office of Lord Mayor or Deputy Lord Mayor (as the case may be) at the election and the year of the election; (b) is qualified to be a candidate under section 14A of the City of Melbourne Act 2001; (c) is aware that it is an offence for a person who is not qualified to be a candidate or is not capable of becoming a Councillor to submit a notice of candidature. (3) The nomination fee under clause 5(1)(d) of Schedule 2 to the Local Government Act 1989 is $250. 21 Notice of withdrawal of candidature (1) For the purposes of clause 7(2) of Schedule 2 to the Local Government Act 1989, a notice of withdrawal of candidature for the office of Lord Mayor and Deputy Lord Mayor must be in writing and must include the following details— (a) the date of the election; (b) the full names of the withdrawing candidates. (2) The notice of withdrawal of candidature must be signed and dated by one of the withdrawing candidates. r. 21 -- 17 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 15 Authorised by the Chief Parliamentary Counsel 22 Group name of Lord Mayor and Deputy Lord Mayor (1) A pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor may make a joint request that their names appear on the ballot-paper together with a group name. (2) The request must— (a) be in writing and must be signed by the candidates; and (b) be delivered to the returning officer before noon on the 2nd day after nomination day. (3) A request under this regulation must also specify the group name under which the candidates wish to appear. (4) Clause 4(2), (3), (4), (5) and (6) of Schedule 1 to the City of Melbourne Act 2001 apply to a request made under this regulation. 23 Appointment and declaration of scrutineer (1) For the purposes of clause 15(2A) of Schedule 2 to the Local Government Act 1989, a notice of appointment of a scrutineer by a candidate for the office of Lord Mayor or Deputy Lord Mayor must include the following details— (a) the full name and signature of the candidate who has appointed the scrutineer; (b) the full name and residential address of the person appointed as the scrutineer. (2) For the purposes of clause 15(4) of Schedule 2 to the Local Government Act 1989, a declaration by a scrutineer appointed under subregulation (1) must include the following details— (a) the name of the candidate who appointed the scrutineer; r. 22 -- 18 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 16 Authorised by the Chief Parliamentary Counsel (b) the full name and residential address of the person appointed as the scrutineer; (c) a declaration signed and dated by the scrutineer in the presence of an election official that states that the scrutineer— (i) undertakes to be a scrutineer for the candidate; and (ii) will not disclose any fact coming to his or her knowledge which he or she is required not to disclose under the City of Melbourne Act 2001, the Local Government Act 1989 or any Regulations made under these Acts; and (iii) is not a person who cannot be appointed as a scrutineer under the Local Government Act 1989 or these Regulations. Division 2—Candidates and scrutineers—Councillors 24 Nomination for election (1) A nomination form of a candidate for election to the office of Councillor must be in writing and, for the purposes of clause 5(1)(a) of Schedule 2 to the Local Government Act 1989, include the following details— (a) if the municipal district is divided into wards, the name of the relevant ward; (b) the full name of the candidate; (c) the address in respect of which the candidate is enrolled on the voters' roll or, if the candidate is not enrolled on the voters' roll, the entitlement address provided in a statutory declaration given under r. 24 -- 19 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 17 Authorised by the Chief Parliamentary Counsel clause 6(3A) of Schedule 2 to the Local Government Act 1989; (d) if different from the address mentioned in paragraph (c), the candidate's residential and postal addresses; (e) details of how the candidate may be contacted on short notice during business hours and during non-business hours, which may include— (i) telephone numbers; (ii) facsimile numbers; (iii) email addresses; (f) the form in which the candidate's name is to appear on the ballot-paper. (2) A candidate for the office of Councillor must include with the nomination form a declaration for the purposes of clause 5(1)(c) of Schedule 2 to the Local Government Act 1989 that is signed and dated by the candidate and that states that the candidate— (a) is applying to be a candidate for the office of Councillor [for the --- Ward of the Council] at the election and the year of the election; and (b) is qualified to be a candidate under section 14A of the City of Melbourne Act 2001; and (c) is aware that it is an offence for a person who is not qualified to be a candidate or is not capable of becoming a Councillor to submit a nomination form. (3) The nomination fee under clause 5(1)(d) of Schedule 2 to the Local Government Act 1989 is $250. r. 24 -- 20 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 18 Authorised by the Chief Parliamentary Counsel 25 Notice of withdrawal of nomination (1) For the purposes of clause 7(2) of Schedule 2 to the Local Government Act 1989, a notice of withdrawal of nomination for election to the office of Councillor must be in writing and must include the following details— (a) the date of the election; (b) if the municipal district is divided into wards, the name of the relevant ward; (c) the full name of the withdrawing candidate. (2) A notice of withdrawal of nomination must be signed and dated by the withdrawing candidate. 26 Appointment and declaration of scrutineer (1) For the purposes of clause 15(2A) of Schedule 2 to the Local Government Act 1989, an appointment of a scrutineer by a candidate for the office of Councillor must be in writing and must include the following details— (a) if the municipal district is divided into wards, the name of the relevant ward; (b) the full name and signature of the candidate who is appointing the scrutineer; (c) the full name and residential address of the person being appointed as the scrutineer. (2) For the purposes of clause 15(4) of Schedule 2 to the Local Government Act 1989, a declaration by a scrutineer appointed under subregulation (1) must be in writing and include the following details— (a) if the municipal district is divided into wards, the name of the relevant ward; (b) the name of the candidate who appointed the scrutineer; r. 25 -- 21 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 19 Authorised by the Chief Parliamentary Counsel (c) the full name and residential address of the person being appointed as the scrutineer; (d) a declaration signed and dated by the scrutineer in the presence of an election official that states that the scrutineer— (i) undertakes to be a scrutineer for the candidate; and (ii) will not disclose any fact coming to his or her knowledge which he or she is required not to disclose under the City of Melbourne Act 2001, the Local Government Act 1989 or any Regulations made under these Acts; and (iii) is not a person who cannot be appointed as a scrutineer under the Local Government Act 1989 or these Regulations. Division 3—How-to-vote cards 27 Application of Division This Division applies to attendance elections, being elections conducted in accordance with Part 5 of the Local Government (Electoral) Regulations 2005. Note Regulation 41 of the Local Government (Electoral) Regulations 2005 provides that Part 5 of those Regulations applies if a Council does not decide that all voting at an election is to be by means of postal voting. 28 Submission of how-to-vote card to returning officer (1) A person may submit a how-to-vote card to the returning officer for registration at any time within the period that— r. 27 -- 22 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 20 Authorised by the Chief Parliamentary Counsel (a) starts on the 5th working day after the close of nominations; and (b) ends at noon on the 6th working day before election day. (2) A how-to-vote card must be submitted for registration— (a) at the place where nominations are received under clause 3(2) of Schedule 2 to the Local Government Act 1989; or (b) if the returning officer has advised candidates that how-to-vote cards will be received at another place, at that other place. (3) The returning officer may provide such assistance to the person as the returning officer considers appropriate before the submission of a how-to- vote card to the returning officer for registration. 29 Details to be included in how-to-vote card submission (1) A how-to-vote card submitted for registration must include— (a) the full name and address of the person who authorised the how-to-vote card; and (b) an endorsement in the following form— "Registered by the returning officer for [if applicable, insert the name of the ward of] the City of Melbourne". (2) If a how-to-vote card contains a section in a language other than English, the person submitting the card for registration must submit with the card— (a) an accurate translation into English of the section; and (b) a declaration that the translation is accurate. r. 29 -- 23 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 21 Authorised by the Chief Parliamentary Counsel (3) A person submitting a how-to-vote card to the returning officer must submit with the card a written declaration containing the following— (a) in relation to an election of Councillors, if the municipal district is divided into wards, the name of the relevant ward; (b) the full name and residential address of the person submitting the how-to-vote card for registration; (c) if the how-to-vote card is submitted on behalf of another person, organisation or group— (i) the full name of the other person, organisation or group; and (ii) the capacity in which the person is submitting the how-to-vote card; and (iii) a statement that the person is authorised to submit the how-to-vote card on behalf of the other person, organisation or group; (d) a statement that— (i) the details contained in the submission are correct; and (ii) the person is aware that it is an offence for a person to knowingly make a false statement in the declaration. (4) A declaration under subregulation (3) must be witnessed by an election official. 30 Registration or refusal of registration of how-to-vote card (1) Before noon on the next working day after receiving a how-to-vote card under regulation 28, the returning officer must— r. 30 -- 24 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 22 Authorised by the Chief Parliamentary Counsel (a) register the how-to-vote card; or (b) refuse to register the how-to-vote card— and give the person who submitted the card for registration notice of the decision and the reasons for the decision. (2) In deciding whether to register or to refuse to register a how-to-vote card, the returning officer must have regard to whether— (a) the card clearly identifies the person, organisation or group on whose behalf the card is to be distributed; (b) the card— (i) indicates the order of voting preference for all candidates, pairs of candidates standing for Lord Mayor and Deputy Lord Mayor or groups (as the case may be) listed on the card; or (ii) contains a statement that a number must be placed against the name of each candidate, pair of candidates or group (as the case may be); (c) the card contains the details required by regulation 29(1); (d) the card is accompanied by the information required by regulation 29(2) and (3). (3) The returning officer must refuse to register a how-to-vote card if the returning officer is satisfied that the card— (a) is likely to mislead or deceive a voter in casting his or her vote; or r. 30 -- 25 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 23 Authorised by the Chief Parliamentary Counsel (b) is likely to induce a voter to mark his or her vote otherwise than in accordance with the directions on the ballot-paper; or (c) contains offensive or obscene material. (4) The returning officer must refuse to register a how-to-vote card submitted by or on behalf of a group or a member of a group if the card is inconsistent with the order of preferences in the group's group voting tickets. 31 Review of returning officer's decision (1) Any person may apply to VCAT for review of a returning officer's decision under regulation 30. (2) An application under subregulation (1) must be made no later than whichever of the following occurs first— (a) noon on the 2nd working day after the day on which the returning officer gives notice under regulation 30(1); or (b) noon on the 4th working day before the election day. 32 Provision of how-to-vote cards (1) As soon as practicable after registering a how-to- vote card or receiving a copy of a registered how- to-vote card, the returning officer must— (a) make a copy of the card available for inspection at the returning officer's office; and (b) on an Internet site maintained by or on behalf of the returning officer that is not the Internet site of the Council, publish, in relation to each how-to-vote card registered under regulation 30(1)(a)— r. 31 -- 26 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 24 Authorised by the Chief Parliamentary Counsel (i) the name of the person who submitted the how-to-vote card for registration; and (ii) if the how-to-vote card was submitted on behalf of another person, organisation or group, the name of that person, organisation or group. (2) If a how-to-vote card is registered under regulation 30(1)(a), the person who submitted the card for registration must immediately provide the returning officer with 3 additional how-to-vote cards. Division 4—Candidate information 33 Application and interpretation of Division (1) This Division applies to postal elections, being elections held in accordance with Part 6 of the Local Government (Electoral) Regulations 2005. Note Regulation 77 of the Local Government (Electoral) Regulations 2005 provides that Part 6 of those Regulations applies if a Council decides that all voting at an election is to be by means of postal voting. (2) In this Division, a reference to another candidate includes a reference to a particular candidate, a pair of candidates or a group or a class of candidate by name or description. 34 Prescribed documents—candidate information For the purposes of section 41A(2)(b)(vi) of the Local Government Act 1989, the following are prescribed documents— (a) candidate statements; (b) joint statements; (c) group statements; r. 33 -- 27 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 25 Authorised by the Chief Parliamentary Counsel (d) indications of preferences; (e) group voting tickets. 35 Joint statement—Lord Mayor and Deputy Lord Mayor (1) A pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor may lodge a joint statement for inclusion in the postal ballot envelope. (2) A joint statement may only include— (a) a written statement of no more than 250 words; and (b) a recent passport-size photograph of one or each candidate. (3) A candidate must— (a) write his or her name on the back of any photograph of the candidate provided for the purposes of this regulation; or (b) if the photograph is provided in electronic format, include his or her name in the electronic file name. (4) A joint statement must be accompanied by a declaration signed and dated by both candidates which states— "We declare that our joint statement is true and correct, that it does not contain any matter that may mislead or deceive a voter in the casting of his or her vote and that we are aware we may be liable to prosecution if our joint statement contains matter that may mislead or deceive a voter in the casting of his or her vote". (5) A joint statement must be lodged with the returning officer before noon on the 4th day after the close of nominations. r. 35 -- 28 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 26 Authorised by the Chief Parliamentary Counsel (6) A joint statement must be lodged— (a) at the place that nominations were received under clause 3(2) of Schedule 2 to the Local Government Act 1989; or (b) if the returning officer has advised candidates that joint statements will be received at another place, at that other place. (7) A joint statement may only be lodged in person by either candidate or by a person authorised in writing by one or both candidates. (8) If a joint statement is lodged by a person authorised by one or both candidates, the signed and dated authorisation must be lodged together with the joint statement. 36 Candidate statement—Ungrouped candidates (1) A candidate for the office of Councillor who is not a member of a group may lodge a candidate statement for inclusion in the postal ballot envelope. (2) A candidate statement may only include— (a) a written statement of no more than 150 words; and (b) a recent passport-size photograph of the candidate. (3) A candidate must— (a) write his or her name on the back of any photograph of the candidate provided for the purposes of this regulation; or (b) if the photograph is provided in electronic format, include his or her name in the electronic file name. r. 36 -- 29 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 27 Authorised by the Chief Parliamentary Counsel (4) A candidate statement must be accompanied by a signed and dated declaration by the candidate which states— "I declare that my candidate statement is true and correct, that it does not contain any matter that may mislead or deceive a voter in the casting of his or her vote and that I am aware I may be liable to prosecution if my candidate statement contains matter that may mislead or deceive a voter in the casting of his or her vote". (5) A candidate statement must be lodged with the returning officer before noon on the 4th day following the close of nominations. (6) A candidate statement must be lodged— (a) at the place that nominations were received under clause 3(2) of Schedule 2 to the Local Government Act 1989; or (b) if the returning officer has advised candidates that candidate statements will be received at another place, at that other place. (7) A candidate statement may only be lodged in person by the candidate or by a person authorised in writing by the candidate. (8) If a candidate statement is lodged by a person authorised by the candidate, the signed and dated authorisation must be lodged together with the candidate statement. 37 Group statement (1) A group may lodge a group statement for inclusion in the postal ballot envelope. (2) A group statement may only include— (a) a written statement of no more than 250 words; and r. 37 -- 30 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 28 Authorised by the Chief Parliamentary Counsel (b) a recent passport-size photograph of one member of the group or individual recent passport-size photographs of several members of the group. (3) Each member of the group whose photograph is lodged must— (a) write his or her name on the back of the photograph of the member provided for the purposes of this regulation; or (b) if the photograph is provided in electronic format, include his or her name in the electronic file name. (4) A group statement must be accompanied by a signed and dated declaration by the person referred to in subregulation (5) which states— "We declare that our group statement is true and correct, that it does not contain any matter that may mislead or deceive a voter in the casting of his or her vote and that we are aware we may be liable to prosecution if our group statement contains matter that may mislead or deceive a voter in the casting of his or her vote.". (5) A group statement must be lodged with the returning officer before noon on the 4th day following the close of nominations by a person authorised to sign an application to register a group voting ticket under clause 6 of Schedule 1 of the City of Melbourne Act 2001. (6) A group statement must be lodged— (a) at the place that nominations were received under clause 3(2) of Schedule 2 to the Local Government Act 1989; or (b) if the returning officer has advised candidates that group statements will be received at another place, at that other place. r. 37 -- 31 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 29 Authorised by the Chief Parliamentary Counsel 38 Reference to other candidates (1) A joint statement, candidate statement or group statement must not include the following— (a) a reference to another candidate standing for an election in the City of Melbourne without the written consent of that other candidate; (b) unless subregulation (2) applies, a claim of endorsement or support from a party, organisation or person. (2) A joint statement, candidate statement or group statement may include a claim of endorsement or support from a party, organisation or person if, at the time of lodging the statement under regulation 35, 36 or 37 (as the case may be), a document was lodged containing the written consent of the party, organisation or person to include the claim of endorsement or support on the statement. (3) The returning officer may specify formatting limitations that will apply to the publication of joint statements, candidate statements or group statements and may alter the format of submitted statements to comply with those limitations. 39 Rejection and amendment of statements (1) The returning officer must reject a joint statement, candidate statement or group statement if— (a) in the opinion of the returning officer, the statement contains any of the following— (i) material that is offensive or obscene; (ii) material that is likely to mislead or deceive a voter in the casting of the voter's vote; r. 38 -- 32 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 30 Authorised by the Chief Parliamentary Counsel (iii) a reference to another candidate that has been included without the written consent of that candidate; (iv) a claim of endorsement or support from a party, organisation or person that has not been supported by the written consent referred to in regulation 38(2); (b) the declaration required under regulation 35(4), 36(4) or 37(4) (as the case may be) is absent or not in the form set out in that regulation. (2) If the returning officer believes that a joint statement, candidate statement or group statement may be in breach of an Act or Regulation, the returning officer may so advise— (a) in the case of a joint statement, either of the candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor; or (b) in the case of a candidate statement, the candidate; or (c) in the case of a group statement, any member of the group— and allow that person to resubmit the statement up until noon on the day following the last day for lodgement of the statement under this Division. (3) A person who submits a statement under subregulation (2) may only amend the section or sections of the statement that need to be amended for it to be accepted. (4) The returning officer must keep a record of all amendments made to a joint statement, candidate statement or group statement. r. 39 -- 33 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 31 Authorised by the Chief Parliamentary Counsel 40 Indication of preferences—Lord Mayor and Deputy Lord Mayor (1) A pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor may lodge an indication of preferences for inclusion in the postal ballot envelope. (2) An indication of preferences must be in the form of a ballot-paper and must be lodged— (a) in person by either candidate or by a person authorised in writing by one or both candidates; (b) at the same place that joint statements must be lodged; (c) before noon on the 4th day after the close of nominations. (3) An indication of preferences must— (a) identify each pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor and the order in which they appear on the ballot-paper; (b) place once only the figures 1, 2, 3, 4 (and so on as the case requires) in the squares opposite the names of all the pairs of candidates so as to indicate the candidates' preference for them. (4) The returning officer must reject an indication of preferences that does not comply with this regulation. 41 Indication of preferences—Ungrouped candidates (1) A candidate for the office of Councillor who is not a member of a group may lodge an indication of preferences for inclusion in the postal ballot envelope. r. 40 -- 34 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 32 Authorised by the Chief Parliamentary Counsel (2) An indication of preferences must be in the form of a ballot-paper and must be lodged— (a) in person by the candidate or by a person authorised in writing by the candidate; (b) at the same place that candidate statements must be lodged; (c) before noon on the 4th day after the close of nominations for the office of Councillor. (3) An indication of preferences must— (a) identify each candidate for the office of Councillor and the order in which they appear on the ballot-paper; (b) place once only the figures 1, 2, 3, 4 (and so on as the case requires) in the squares opposite the names of all the candidates so as to indicate the candidate's preference for them. (4) The returning officer must reject an indication of preferences that does not comply with this regulation. 42 Candidate information on the Internet As soon as practicable after candidate information is accepted by the returning officer, the returning officer must ensure that it is published on an Internet site maintained by or on behalf of the returning officer that is not the Internet site of the Council. 43 Publication of candidate information (1) This regulation applies to the publication of candidate information by the returning officer in printed form or on the Internet. r. 42 -- 35 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 33 Authorised by the Chief Parliamentary Counsel (2) The returning officer must not publish a joint statement, candidate statement or group statement— (a) that has been rejected under regulation 39; or (b) that has been resubmitted under regulation 39 but still fails to satisfy the requirements of regulation 39. (3) The returning officer must only publish the first 250 words of a joint statement or group statement. (4) The returning officer must only publish the first 150 words of a candidate statement. (5) The returning officer must not publish an indication of preferences if the indication of preferences has been rejected by the returning officer under these Regulations. (6) The returning officer must not publish a group voting ticket if it has not been registered under clause 6 of Schedule 1 to the City of Melbourne Act 2001. (7) If a candidate has not lodged his or her candidate information, or a group of candidates or pair of candidates standing jointly for Lord Mayor and Deputy Lord Mayor has not lodged their candidate information, or any part of that candidate information that may be published under these Regulations, the returning officer must publish a notice stating that the candidate, group or pair of candidates (as the case may be) has not provided the candidate information. (8) A notice under subregulation (7) must be published in place of the relevant candidate information of the candidate to whom the notice relates. r. 43 -- 36 of 44 -- Part 3—Candidates City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 34 Authorised by the Chief Parliamentary Counsel (9) Candidate information or a notice under subregulation (7) must be set out in the order in which the candidates appear on the ballot-paper and clearly name the relevant candidate in each case. 44 Disclaimer on statements On any printed or Internet page where the returning officer publishes joint statements, candidate statements or group statements the returning officer must ensure that a notice is prominently displayed which states— "Information in candidate statements is provided by the candidates. Any enquiries about a candidate statement should be directed to the relevant candidate. Candidate statements are not verified or endorsed by the returning officer.". __________________ r. 44 -- 37 of 44 -- Part 4—General Election Matters City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 35 Authorised by the Chief Parliamentary Counsel PART 4—GENERAL ELECTION MATTERS 45 Form of ballot-paper—Lord Mayor and Deputy Lord Mayor For the purpose of clause 14(1) of Schedule 2 to the Local Government Act 1989, a ballot-paper for the election of the Lord Mayor and the Deputy Lord Mayor must include the following details— (a) with respect to each pair of candidates— (i) the names of the candidates; (ii) which candidate is seeking election as Lord Mayor and which candidate is seeking election as Deputy Lord Mayor; (iii) if a valid request was made under regulation 22, the group name of the candidates; (b) a box opposite the names of each pair of candidates; (c) instructions to the voter on how to mark the voter's ballot-paper, being instructions in the form of words or a statement to the following effect— "Number the boxes from 1 to [2, 3, 4, 5…as the case may be] in the order of your choice. Number every box to make your vote count.". 46 Validity of ballot-paper—Lord Mayor and Deputy Lord Mayor (1) A ballot-paper for the election of Lord Mayor and Deputy Lord Mayor is taken to be valid and must be counted in an election if it is— (a) issued by an election official in accordance with these Regulations; and r. 45 -- 38 of 44 -- Part 4—General Election Matters City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 36 Authorised by the Chief Parliamentary Counsel (b) completed in accordance with this regulation; and (c) lodged in accordance with these Regulations. (2) A voter must mark the voter's vote on the ballot- paper by placing— (a) the number 1 opposite the name of the pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor for whom the voter votes as first preference; and (b) contingent votes for all the remaining pairs of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor by placing the numbers 2, 3, 4 (and so on as the case requires) opposite their names so as to indicate by an unbroken numerical sequence the order of preference. (3) If there are only 2 pairs of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor, the requirements of subregulation (2) are sufficiently complied with in the case of any ballot-paper marked with the number 1 opposite the name of only one pair of candidates to indicate the voter's first preference. (4) If there are more than 2 pairs of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor, the requirements of subregulation (2) are sufficiently complied with in the case of any ballot-paper marked with the numbers 1, 2, 3, 4 (and so on as the case requires) opposite the names of all the pairs of candidates on the ballot-paper except one. (5) Despite subregulation (2) a ballot-paper is not invalid by reason only that any or all of the figures have not been placed in the squares. r. 46 -- 39 of 44 -- Part 4—General Election Matters City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 37 Authorised by the Chief Parliamentary Counsel 47 Validity of ballot-paper—Councillors (1) A ballot-paper in relation to an election of Councillors is taken to be valid and must be counted in an election if it is— (a) issued by an election official in accordance with these Regulations; and (b) completed in accordance with this regulation; and (c) lodged in accordance with these Regulations. (2) A voter must mark the voter's vote on the ballot-paper by placing— (a) the number 1 opposite the name of the candidate for whom the voter votes as first preference; and (b) contingent votes for all the remaining candidates by placing the numbers 2, 3, 4 (and so on as the case requires) opposite their names so as to indicate by an unbroken numerical sequence the order of preference. (3) If there are only 2 candidates, the requirements of subregulation (2) are sufficiently complied with in the case of any ballot-paper marked with the number 1 opposite the name of only one candidate to indicate the voter's first preference. (4) If there are more than 2 candidates, the requirements of subregulation (2) are sufficiently complied with in the case of any ballot-paper marked with the numbers 1, 2, 3, 4 (and so on as the case requires) opposite the names of all the candidates on the ballot-paper except one. (5) Despite subregulation (2) a ballot-paper is not invalid by reason only that any or all of the figures have not been placed in the squares. r. 47 -- 40 of 44 -- Part 4—General Election Matters City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 38 Authorised by the Chief Parliamentary Counsel 48 Application of Local Government (Electoral) Regulations 2005 Subject to regulation 6 of these Regulations, regulations 18 and 21 and Parts 5 to 10 of the Local Government (Electoral) Regulations 2005 apply to elections at the City of Melbourne as if— (a) a reference in regulation 51(2) to "from the day after the close of nominations" were a reference to "from the 5th working day after the close of nominations"; and (b) regulation 81(4)(b) and (c) were replaced by— "(b) candidate information."; and (c) a reference in regulation 85(1) to "section 24A of the Act" were a reference to "section 11E of the City of Melbourne Act 2001"; and (d) a reference in regulation 86(4) to "candidate statements" were a reference to "joint statements, candidate statements or group statements"; and (e) regulation 87(2)(a) were replaced by— "(a) the day the voters' roll is certified under section 11D(5) of the City of Melbourne Act 2001; or"; and (f) a reference in regulation 116(1) to "section 40 of the Act" were a reference to "section 19 of the City of Melbourne Act 2001"; and (g) a reference in regulation 119 to— (i) "section 40 of the Act" were a reference to "section 19 of the City of Melbourne Act 2001"; and r. 48 -- 41 of 44 -- Part 4—General Election Matters City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 39 Authorised by the Chief Parliamentary Counsel (ii) "section 40(1A)" were a reference to "section 19(2) of the City of Melbourne Act 2001". __________________ r. 48 -- 42 of 44 -- City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 40 Authorised by the Chief Parliamentary Counsel SCHEDULE Regulation 15 SILENT VOTER REQUEST FORM City of Melbourne Act 2001 Section 10 A person must use this form to lodge a request with the Chief Executive Officer that the person's address not be shown on any voters' roll. General Details Address of rateable property for which you are enrolled to vote: Details of person making request: Surname: Given names: Date of birth: Address for correspondence: Particulars of the risk to yourself or your family: I request that my address not be shown on the voters' roll for the Melbourne City Council. Having my residential address shown on a voters' roll would place the personal safety of myself or members of my family at risk for the reasons described on this form and as declared on the statutory declaration accompanying this form. Signature of voter: Date: ═══════════════ Sch. -- 43 of 44 -- City of Melbourne (Electoral) Regulations 2012 S.R. No. 30/2012 41 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4(a): S.R. No. 39/2001 as amended by S.R. Nos 98/2005 and 70/2008. 2 Reg. 4(b): S.R. No. 70/2008. Endnotes -- 44 of 44 --