City of Melbourne (Elections) Regulations 2001

i City of Melbourne (Elections) Regulations 2001 S.R. No. 39/2001 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY MATTERS 1 1. Objectives 1 2. Authorising provisions 2 3. Commencement 2 PART 2—ENROLMENT OF VOTERS 3 4. Notice of appointment—section 9 3 PART 3—ELECTION OF LORD MAYOR AND DEPUTY LORD MAYOR 5 5. Application of the Local Government (Elections) Regulations 1995 5 6. Notice of candidature 5 7. Form of ballot paper 7 8. Registration of group name 8 9. Appointment of scrutineers 8 PART 4—ELECTION OF COUNCILLORS 10 10. Definitions 10 11. Application of the Local Government (Elections) Regulations 1995 10 12. Group statement 11 PART 5—TRANSITIONAL AND CONSEQUENTIAL PROVISIONS 14 13. Postal voting provisions to apply to first election 14 14. Amendment of Local Government (Elections) Regulations 1995 14 ═══════════════ ENDNOTES 15 -- 1 of 16 -- 1 STATUTORY RULES 2001 S.R. No. 39/2001 City of Melbourne Act 2001 Local Government Act 1989 City of Melbourne (Elections) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 9 May 2001 Responsible Minister: BOB CAMERON Minister for Local Government HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY MATTERS 1. Objectives The objectives of these Regulations are— (a) to apply, with modifications, the Local Government (Elections) Regulations 1995 to elections conducted under the City of Melbourne Act 2001; and (b) to make other provision for elections conducted under the City of Melbourne Act 2001; and (c) to consequentially amend the Local Government (Elections) Regulations 1995. -- 2 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 2 2. Authorising provisions These Regulations are made under section 30 of the City of Melbourne Act 2001 and section 243 of the Local Government Act 1989. 3. Commencement These Regulations come into operation on 9 May 2001. _______________ r. 2 -- 3 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 3 PART 2—ENROLMENT OF VOTERS 4. Notice of appointment—section 9 A notice of appointment on behalf of a corporation or person and corporation under sections 9(a) and 9(b) of the Act must be in writing and must include the following details— (a) the name of the Council; (b) the full names and dates of birth of the 2 appointees to be enrolled on the voters' roll on behalf of the corporation(s); (c) the address of the rateable land in respect of which the appointments are being made; (d) a declaration signed and dated by the person or persons authorised by the corporation(s) to make the appointments on its/their behalf which includes— (i) the name of each authorised person and the position held by that person in the relevant corporation; (ii) the name and address of each corporation making the appointments; (iii) whether the corporation(s) is/are the owner or occupier or joint owner or joint occupier of the rateable land; (iv) a statement that the persons are authorised by the corporation(s) which is/are the owner, occupier, joint owner or joint occupier of the land described in the application to represent the corporation(s) on the voters' roll of the City of Melbourne; (e) a declaration signed and dated by each appointee that— r. 4 -- 4 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 4 (i) he or she consents to the appointment; (ii) he or she is not for any reason already enrolled on the voters' roll or entitled to be enrolled on the voters' roll in respect of the City of Melbourne; (iii) includes the residential address, home and business telephone numbers and date of birth of the appointee. _______________ r. 4 -- 5 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 5 PART 3—ELECTION OF LORD MAYOR AND DEPUTY LORD MAYOR 5. Application of the Local Government (Elections) Regulations 1995 The Local Government (Elections) Regulations 19951 , other than regulations 10, 11(1) and 15, apply to the election of the Lord Mayor and the Deputy Lord Mayor as if— (a) a reference to a candidate was a reference to a pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor; and (b) a reference in regulations 71 and 73 to a personal statement was a reference to a joint statement by a pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor; and (c) a reference in regulation 71 to "150 words" was a reference to "250 words"; and (d) a reference in regulations 71 and 72 to "no later than 3 days after the time that applies to notices of candidature under clause 3(2) of Schedule 2 of the Act" was a reference to "before 4 p.m. on the 4th day after the nomination day". 6. Notice of candidature (1) A notice of candidature under clause 5(1)(a) of Schedule 2 of the Local Government Act 1989 for the office of Lord Mayor and Deputy Lord Mayor must be in writing and must include the following details— r. 5 -- 6 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 6 (a) the name of the candidate seeking election as Lord Mayor and the name of the candidate seeking election as Deputy Lord Mayor; (b) the full name of each candidate, the address in respect of which he or she is enrolled on the voters' roll or, if a candidate has a different postal address, that postal address, and his or her home and business telephone numbers, including a fax number, if any; (c) the form in which each candidate's name is to appear on the ballot-paper; (d) the name and home and business telephone numbers of the candidates' campaign manager, if any; (e) a declaration signed and dated by each candidate that— (i) he or she 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; (ii) he or she is qualified to be a candidate under the provisions of the City of Melbourne Act 2001; (iii) he or she is aware that it is an offence for a person who is not qualified to be a candidate and is not capable of being a Councillor to submit a notice of candidature. (2) The fee under clause 5(1)(d) of Schedule 2 of the Local Government Act 1989 is $100. r. 6 -- 7 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 7 (3) A notice of withdrawal of candidature for the office of Lord Mayor or Deputy Lord Mayor under clause 7(2) of Schedule 2 of the Local Government Act 1989 must be in writing and must include the following details— (a) the date of the election; (b) the names of the withdrawing candidates; (c) the signature of one of the withdrawing candidates and the date that he or she signed the notice; (d) the signature of a witness. 7. Form of ballot paper 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) an indication of which of the candidates is seeking election as Lord Mayor and which of the candidates is seeking election as Deputy Lord Mayor; (iii) if a valid request was made under regulation 8, the group name of the candidates; (b) a box opposite the names of each pair of candidates; (c) instructions to number all the boxes in order of choice, to number every box and not to use any number more than once. r. 7 -- 8 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 8 8. Registration of group name (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— (a) must be in writing and must be signed by the candidates; and (b) must be delivered to the returning officer before 4 p.m. on the 2nd day after nomination day. (3) A request under this clause must also specify the group name under which the candidates wish to appear. (4) Clauses 4(1) to 4(6) of Schedule 1 of the City of Melbourne Act 2001 apply to a request made under this regulation. 9. Appointment of scrutineers A notice of appointment of scrutineers under clause 15(2A) of Schedule 2 of the Local Government Act 1989 must be in writing and must include the following details— (a) the full name and address of the candidate who is appointing the scrutineer; (b) the full name and address of the person being appointed as the scrutineer; (c) a declaration signed and dated by the candidate which includes— (i) a statement that he or she is a candidate for the office of Lord Mayor or Deputy Lord Mayor; (ii) the date of the election for which he or she is a candidate; r. 8 -- 9 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 9 (iii) a statement that he or she is appointing the person referred to in paragraph (b) as a scrutineer. _______________ r. 9 -- 10 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 10 PART 4—ELECTION OF COUNCILLORS 10. Definitions In this Part— "Councillor" means a Councillor referred to in section 6(1)(c) of the City of Melbourne Act 2001; "group" means 2 or more candidates for Councillor who make a valid request under clause 3 of Schedule 1 of the City of Melbourne Act 2001 for their names to be grouped on the ballot-paper. 11. Application of the Local Government (Elections) Regulations 1995 (1) The Local Government (Elections) Regulations 1995, other than regulation 15, apply to the election of Councillors with the modifications specified in this regulation. (2) With respect to a candidate for the office of Councillor who is not a member of a group, the Local Government (Elections) Regulations 1995 are to be read as if— (a) a reference in regulations 71 and 72 to "no later than 3 days after the time that applies to notices of candidature under clause 3(2) of Schedule 2 of the Act" was a reference to "before 4 p.m. on the 4th day after the nomination day"; and (b) in regulation 72(3)(a) there was inserted after "on the ballot-paper" the words "in the section of the ballot-paper that lists all the candidates". (3) With respect to candidates for the office of Councillor who are members of a group, the Local r. 10 -- 11 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 11 Government (Elections) Regulations 1995 are to be read as if— (a) regulations 71 and 72 were omitted; and (b) a reference in regulation 73— (i) to a candidate was a reference to the group; and (ii) to a personal statement was a reference to a group statement made under regulation 12 of these Regulations; and (iii) to the lodging of an indication of preferences was a reference to having one or more group voting tickets registered under Schedule 1 of the City of Melbourne Act 2001; and (iv) to an indication of preferences was a reference to one or more group voting tickets. 12. Group statement (1) In an election for Councillor, a group may lodge a group statement for inclusion in the postal ballot envelope. (2) A group's statement must be no longer than 250 words and must be lodged with the returning officer before 4 p.m. on the 4th day after the nomination day 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. (3) A group cannot in its statement refer to another candidate or group standing for election in the City of Melbourne without the written consent of that other candidate or group. r. 12 -- 12 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 12 (4) Written consent as required under sub- regulation (3) must be lodged together with the group's statement. (5) A group may provide a recent photograph of passport-photograph size of each member of the group for inclusion in the group's statement. (6) If a group provides a photograph it must write the names of the candidates on the back of the photograph. (7) The returning officer must only print the first 250 words of a group's statement. (8) The returning officer may— (a) liaise with any group or with respect to the content or form of a group's statement; (b) amend a group's statement in accordance with the written authorisation of a member of the group or a person duly authorised by a member of the group— until the day that the group statement is printed. (9) The returning officer must keep a record of all amendments made to a group's statement. (10) The returning officer must reject a group's statement if it contains a reference to any other candidate or group standing for election in the City of Melbourne without the written consent of that other candidate or group. (11) The returning officer may reject a group's statement if in the opinion of the returning officer it contains offensive or obscene material or is likely to mislead or deceive a voter in the casting of the vote of the voter. (12) A group that lodges a group statement is responsible for the accuracy and integrity of all statements contained in it. r. 12 -- 13 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 13 (13) A reference in this regulation to any other candidate or group standing for election in the City of Melbourne includes a reference to a candidate standing for election to the office of Lord Mayor or Deputy Lord Mayor. _______________ r. 12 -- 14 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 14 PART 5—TRANSITIONAL AND CONSEQUENTIAL PROVISIONS 13. Postal voting provisions to apply to first election Division 7 of Part 2 of the Local Government (Elections) Regulations 1995 (as modified by these Regulations) applies to the general election for the City of Melbourne that is to be held on the day fixed under section 13(1) of the City of Melbourne Act 2001. 14. Amendment of Local Government (Elections) Regulations 1995 Regulation 6(2) of the Local Government (Elections) Regulations 1995 is revoked. ═══════════════ r. 13 -- 15 of 16 -- S.R. No. 39/2001 City of Melbourne (Elections) Regulations 2001 15 ENDNOTES 1 Reg. 5: S.R. No. 164/1995. Endnotes -- 16 of 16 --