Liquor Control Reform (Amendment) Regulations 2006

i Liquor Control Reform (Amendment) Regulations 2006 S.R. No. 13/2006 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Definitions 2 6. Licensing Polls 2 PART 4A—LICENSING POLLS 2 Division 1—Advertising the poll 2 14. Advertising the poll 2 Division 2—Ballot papers 3 15. Ballot paper 3 15A. Formality of vote 3 Division 3—Polls by attendance voting 3 15B. Application of Division 3 15C. Notice of poll 3 15D. Appointment of scrutineers 4 Division 4—Polls by postal voting 4 15E. Application of Division 4 15F. Notice of poll 4 15G. Change to last day of voting 5 15H. Ballot papers and declaration envelopes 5 15I. Issue of postal ballot envelope 6 15J. Record of issue of postal ballot envelopes 6 15K. Issue of replacement voting materials 7 15L. Return of declaration envelopes and ballot papers 8 15M. Election manager to deal with declaration envelopes on receipt 8 15N. Security of declaration envelopes 9 15O. Record of return of declaration envelopes 10 15P. Scrutineers 10 -- 1 of 18 -- Regulation Page ii 15Q. Place where votes to be counted 11 15R. Handling of poll materials 11 15S. Adjournment of count 13 15T. Safe custody of postal ballot materials 13 15U. Disposal of ballot-papers 13 7. New heading to Part 5 substituted 14 PART 5—MISCELLANEOUS 14 8. Revocation of regulations 14 and 15 14 9. Amendments to regulation 16 14 10. Revocation of regulations 18 and 19 14 11. Schedule 2 15 ═══════════════ ENDNOTES 16 -- 2 of 18 -- 1 STATUTORY RULES 2006 S.R. No. 13/2006 Liquor Control Reform Act 1998 Liquor Control Reform (Amendment) Regulations 2006 The Governor in Council makes the following Regulations: Dated: 22 February 2006 Responsible Minister: MARSHA THOMSON Minister for Consumer Affairs JUSTINE FRANKLIN Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to provide for the conduct of postal ballots for licensing polls. 2. Authorising provision These Regulations are made under section 180 of the Liquor Control Reform Act 1998. 3. Commencement These Regulations come into operation on 1 March 2006. 4. Principal Regulations In these Regulations, the Liquor Control Reform Regulations 1999 1 are called the Principal Regulations. -- 3 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 2 5. Definitions Insert the following definitions in regulation 3 of the Principal Regulations— ' "attendance voting" means voting carried out by means other than postal voting; "election manager" means the election manager for the licensing poll; "elector" means an elector within the meaning of clause 17(2)(e)(ii) of Schedule 3 to the Act;'. 6. Licensing Polls After Part 4 of the Principal Regulations insert— "PART 4A—LICENSING POLLS Division 1—Advertising the poll 14. Advertising the poll (1) At least 28 days before the polling day for a licensing poll, the election manager must publish a notice of the licensing poll in the Government Gazette and by advertisement in a daily newspaper circulating in the neighbourhood. (2) The notice must contain— (a) a description of the neighbourhood; and (b) the resolution to be submitted to the electors; and (c) a statement that voting is compulsory. r. 5 -- 4 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 3 Division 2—Ballot papers 15. Ballot paper The ballot paper to be used for the purposes of conducting a licensing poll must be in the form set out in Schedule 2. 15A. Formality of vote A ballot paper used at a licensing poll must be rejected as informal if— (a) it has no vote marked on it; or (b) the elector's vote is not clear; or (c) it has more than one vote marked on it. Division 3—Polls by attendance voting 15B. Application of Division This Division applies where the Victorian Electoral Commission decides that the voting at a licensing poll is to be by means of attendance voting. 15C. Notice of poll In addition to the requirements specified in regulation 14, public notice of the licensing poll must contain— (a) information concerning postal voting procedures; and (b) the names and locations of voting centres; and (c) the day and hours of voting. r. 6 -- 5 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 4 15D. Appointment of scrutineers The election manager may approve prior to polling day the appointment of one scrutineer at each voting centre on behalf of— (a) the applicant for the granting or relocation of the licence; and (b) any group of at least five people entitled to vote at the poll who are opposed to the granting or relocation of the licence. Division 4—Polls by postal voting 15E. Application of Division This Division applies where the Victorian Electoral Commission decides that the voting at a licensing poll is to be by means of postal voting. 15F. Notice of poll (1) In addition to the requirements specified in regulation 14, public notice of the licensing poll must— (a) indicate the week in which postal ballot envelopes are likely to be posted or delivered to electors; and (b) specify the last day of voting fixed in accordance with sub-regulation (2). (2) Subject to regulation 15G, the election manager must specify a day not later than the date of the poll not being a Saturday, Sunday or public holiday as the last day on which postal ballots must be received by him or her. r. 6 -- 6 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 5 15G. Change to last day of voting (1) If the election manager is satisfied that— (a) there is an unforeseen delay in the printing of poll materials; or (b) there is a postal strike or any other disruption to the postal service; or (c) other special circumstances exist that justify postponing the last day of voting— he or she may fix a later day as the last day of voting. (2) If the election manager fixes a later day as the last day of voting, he or she must— (a) immediately give public notice of the new last day of voting; and (b) if postal ballot envelopes have not yet been issued, indicate in the notice the week in which they are likely to be issued. 15H. Ballot papers and declaration envelopes The election manager must ensure that— (a) the ballot papers for the poll are made of marked security paper; (b) the declaration envelopes for the poll are opaque; (c) all replacement declaration envelopes issued under regulation 15K(1) are identified as replacement declaration envelopes. r. 6 -- 7 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 6 15I. Issue of postal ballot envelope (1) At least 15 days before the last day of voting the election manager must post or deliver to each elector a postal ballot envelope that contains the following— (a) a ballot paper; (b) a declaration envelope containing the name of the elector as it appears on the electors' roll and a declaration to be signed by the elector that he or she is the person whose name is printed and that he or she has not already voted in the poll; (c) a pre-paid return envelope addressed to the election manager; (d) instructions to the elector on how to complete and return the ballot paper and related material; (e) any other material that the election manager considers appropriate. (2) Before issuing postal ballot envelopes under sub-regulation (1), if he or she is satisfied that special circumstances exist, the election manager may issue a particular elector with a postal ballot envelope. 15J. Record of issue of postal ballot envelopes The election manager must keep a record of all persons who have been issued with a postal ballot envelope for the poll. r. 6 -- 8 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 7 15K. Issue of replacement voting materials (1) If on or before the last day of voting an elector— (a) claims that he or she was entitled to be enrolled on the roll at the close of the roll; or (b) claims that he or she has lost or destroyed the declaration envelope or ballot paper or both; or (c) claims that he or she has not received a postal ballot envelope; or (d) satisfies the election manager that he or she has spoilt the declaration envelope or ballot paper or both and returns the spoilt declaration envelope or the spoilt ballot paper or both— the election manager must issue the elector with a declaration envelope or ballot-paper or postal ballot envelope, as the case requires. (2) If a spoilt declaration envelope or spoilt ballot paper has been returned under sub- regulation (1)(d), the election manager must cancel the spoilt declaration envelope or spoilt ballot paper. (3) The election manager may use any means of identifying declaration envelopes, ballot papers and postal ballot envelopes issued under this regulation which he or she considers appropriate in order to comply with regulation 15M(2)(b). (4) The election manager must keep a record of all declaration envelopes, ballot papers and postal ballot envelopes issued under sub- regulation (1). r. 6 -- 9 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 8 15L. Return of declaration envelopes and ballot papers (1) An elector must— (a) insert his or her completed ballot paper in the declaration envelope provided and seal the envelope; and (b) sign and date the declaration envelope. (2) The elector must post or deliver the declaration envelope and ballot paper to the election manager to reach the election manager not later than 6 p.m. on the last day of voting or deliver it to a place designated by the election manager for that purpose no later than 6 p.m. on the last day of voting. 15M. Election manager to deal with declaration envelopes on receipt (1) Before the close of voting, the election manager may— (a) remove the declaration envelopes from the pre-paid envelopes; and (b) separate the signed declaration envelopes from the unsigned declaration envelopes; and (c) disallow the unsigned declaration envelopes. (2) The election manager must— (a) identify the declaration envelopes issued under regulation 15K; and (b) satisfy himself or herself that in relation to each elector issued with a declaration envelope under regulation 15K that the elector has not voted or attempted to vote more than once in the poll. r. 6 -- 10 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 9 (3) If it appears to the election manager that a person has signed and returned more than one declaration envelope, the election manager must— (a) accept the ballot paper within the declaration envelope that appears to have been signed first by the elector; and (b) disallow ballot papers in other declaration envelopes that appear to have been returned by the elector without removing the declaration flaps or opening the envelopes. (4) If— (a) it appears to the election manager that he or she has received more than one declaration envelope from the same elector; and (b) the election manager is unable to determine whether the same elector has signed the relevant declaration envelopes— the election manager must, without removing the declaration flaps or opening the envelopes, disallow the ballot papers in those envelopes. 15N. Security of declaration envelopes The election manager must ensure that all declaration envelopes received for a licensing poll— (a) are placed in a properly secured postal ballot receptacle; and (b) remain unopened— until after the close of voting. r. 6 -- 11 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 10 15O. Record of return of declaration envelopes The election manager must keep a record of all electors who return a declaration envelope during a licensing poll. 15P. Scrutineers (1) Subject to this regulation, the election manager may approve the appointment of scrutineers to scrutinise the following electoral activities only— (a) the posting of postal ballot envelopes; (b) the opening and emptying of a Post Office Box; (c) the opening and emptying of a postal ballot receptacle; (d) the receipt and processing of declaration envelopes; (e) the counting and recounting of ballot papers. (2) For each election official engaged in an electoral activity mentioned in sub- regulations (1)(a) to (e), the following number of scrutineers may be appointed— (a) one scrutineer for the person who is the applicant for the granting or relocation of the licence; and (b) one scrutineer for any group of at least five people entitled to vote at the poll who are opposed to the granting or relocation of the licence. (3) The election manager may have a scrutineer removed if— (a) more scrutineers are present than are permitted under sub-regulation (2); or r. 6 -- 12 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 11 (b) the scrutineer commits any breach of clause 17 of Schedule 3 to the Act or these Regulations; or (c) the scrutineer obstructs or hinders an election official who is performing any of the electoral activities mentioned in sub-regulation (1); or (d) the scrutineer fails to obey a lawful direction from an election official. 15Q. Place where votes to be counted The election manager must designate the place or places at which ballot papers are to be counted and must advise scrutineers where the count is to be made. 15R. Handling of poll materials (1) As soon as practicable after the close of voting, the election manager must carry out the following activities before any scrutineers who may be present and any election officials and no other person— (a) open the postal ballot receptacle and remove its contents; (b) make up into separate parcels— (i) the record or records kept of persons who have returned a declaration envelope; (ii) the spoilt ballot papers and declaration envelopes; (iii) the unsigned declaration envelopes; (iv) the declaration envelopes disallowed under regulation 15M(4); r. 6 -- 13 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 12 (v) the unused declaration envelopes; (vi) the unused ballot papers; (c) open the signed declaration envelopes and take out the ballot papers; (d) make up the signed declaration envelopes into a separate parcel; (e) ascertain the number of votes in favour of the proposal, the number of votes against the proposal and the number of informal votes; (f) put the formal and informal ballot- papers into separate parcels; (g) prepare and sign a certificate which may be signed by any of the scrutineers specifying the number of— (i) votes received in favour of the proposal and votes against the proposal; (ii) ballot papers set aside as informal; (h) make a statement on the outside of each parcel containing— (i) a description of its contents; (ii) the name of the licensing poll; (iii) the name of the counting place; (iv) the date of the count; (i) enclose and properly fasten each parcel and sign the statement made under paragraph (h) and permit any scrutineer present to sign the statement. r. 6 -- 14 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 13 (2) As far as is practicable, the election manager must ensure that a ballot paper is removed from a signed declaration envelope in a way that prevents any person from seeing how an elector voted. 15S. Adjournment of count The returning officer must ensure that the ballot-papers and documents relating to the poll are kept secure during an adjournment of the count. 15T. Safe custody of postal ballot materials (1) The election manager is responsible for the safe custody of postal ballot envelopes and all documents and materials contained in the postal ballot envelopes until they are issued under regulation 15I. (2) The election manager must— (a) keep a record of the number of ballot papers that have been printed; and (b) reconcile that number with the number of ballot papers which have been issued under regulations 15I and 15K or which have been left unused. 15U. Disposal of ballot-papers (1) The election manager must enclose in one or more separate packets the parcels of postal ballot materials made up under regulation 15R. (2) The election manager must deliver the parcels to the Victorian Electoral Commission which must keep the parcels safely and secretly for 12 months.". r. 6 -- 15 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 14 7. New heading to Part 5 substituted For the heading to Part 5 of the Principal Regulations substitute— "PART 5—MISCELLANEOUS". 8. Revocation of regulations 14 and 15 Regulations 14 and 15 of the Principal Regulations are revoked. 9. Amendments to regulation 16 In regulation 16 of the Principal Regulations— (a) for paragraph (e) substitute— "(e) the following provisions of Part 6— (i) sections 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 102, 103, 107, 108 and 110; (ii) to the extent that they are relevant to attendance voting under these Regulations, sections 101, 104, 105 and 106;"; (b) for paragraph (f) substitute— "(f) the following provisions of Part 7— (i) sections 111, 113, 115, 118 and 120; (ii) to the extent that they are relevant to attendance voting under these Regulations, sections 112 and 122;". 10. Revocation of regulations 18 and 19 Regulations 18 and 19 of the Principal Regulations are revoked. r. 7 -- 16 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 15 11. Schedule 2 In Schedule 2 to the Principal Regulations, for "Regulation 18" substitute "Regulation 15". ═══════════════ r. 11 -- 17 of 18 -- S.R. No. 13/2006 Liquor Control Reform (Amendment) Regulations 2006 16 ENDNOTES 1 Reg. 4: S.R. No. 13/1999. Reprint No. 1 as at 3 August 2000. Reprinted to S.R. No. 62/1999 and subsequently amended by S.R. Nos 35/2003, 60/2003, 88/2004 and 55/2005. Endnotes -- 18 of 18 --