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Local Government (Elections) (Amendment) Regulations 1999

Legislation · Victoria · 2020
i Local Government (Elections) (Amendment) Regulations 1999 S.R. No. 2/1999 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provision 2 PART 2—GENERAL AMENDMENTS 3 3. Silent voters 3 Division 5A—Silent Voters 3 17A. Address of silent voters to be kept secure 3 4. Polling booths 3 5. Scrutineers 3 6. Identification of voters 5 7. Spoilt ballot-papers 5 8. Revocation of certain provisions 5 9. Disadvantaged voters 5 10. Certain changes to the form of candidates' personal statements 6 11. Declaration envelopes 6 12. Removal of requirement that ballot papers be endorsed by the returning officer 7 13. Removal of requirement for declaration envelopes to be arranged in numerical order 7 14. Addition to list of sufficient excuses for not voting 7 PART 3—AMENDMENTS RELATING TO FORMS 8 15. Substitution of regulations 6 and 7 8 6. Applications and requests for enrolment 8 7. Notice relating to company appointments 11 16. Amendment of regulation 10(1) 12 17. Substitution of regulations 11, 12, 13 and 14 13 11. Scrutineers 14 12. Declaration by returning officer, authorised person or interpreter 15 -- 1 of 28 -- Regulation Page ii 13. Declaration form for an unenrolled voter at an election by attendance voting 16 14. Declaration form for unidentified voter at an election by attendance voting 17 18. Substitution of regulation 15 18 15. Form of ballot paper 18 19. Replacements of prescribed forms with prescribed details in regulations 28, 43, 45 and 49 19 20. Substitution of regulation 63 23 63. Application for registration 23 21. Substitution of regulation 93 24 93. Application for an inquiry into an election 24 22. Revocation of prescribed forms 25 ═══════════════ NOTES 26 -- 2 of 28 -- 1 STATUTORY RULES 1999 S.R. No. 2/1999 Local Government Act 1989 Local Government (Elections) (Amendment) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 19 January 1999 Responsible Minister: ROBERT MACLELLAN Minister for Planning and Local Government STACEY ROBERTSON Acting Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are to amend the Local Government (Elections) Regulations 19951 — (a) to ensure the security of silent voters during the electoral process; (b) to remove the requirement for at least 2 electoral staff to be at each polling place during the pre-poll voting period; (c) to make certain changes to the number of scrutineers a candidate may appoint in certain circumstances; (d) to make certain changes to the form of candidates' personal statements; -- 3 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 2 (e) to clarify the requirements with respect to the issue of electoral materials in certain circumstances; (f) to remove the requirement for declaration envelopes to be arranged in numerical order on receipt; (g) to remove the requirement for the returning officer to endorse ballot-papers; (h) to add religious reasons to the list of sufficient excuses for not voting at a local government election; (i) to revoke the prescribed forms in the Schedule to the Regulations and to replace them with details of particulars which must be included in certain electoral documents; and (j) to make a number of minor or technical amendments. 2. Authorising provision These Regulations are made under section 243 of the Local Government Act 1989. _______________ r. 2 -- 4 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 3 PART 2—GENERAL AMENDMENTS 3. Silent voters In Part 2 of the Local Government (Elections) Regulations 1995, after Division 5 insert— "Division 5A—Silent Voters 17A. Address of silent voters to be kept secure The returning officer must ensure that only people authorised by him or her have access to the address of a silent voter.". 4. Polling booths (1) In regulation 20(4) of the Local Government (Elections) Regulations 1995, for "Chief Electoral Officer" substitute "Electoral Commissioner". (2) In regulation 20(7) of the Local Government (Elections) Regulations 1995, after "Council" insert "or where pre-poll voting at a polling place is provided". 5. Scrutineers (1) In the Local Government (Elections) Regulations 1995, for regulation 21(d) substitute— "(d) scrutineers appointed in accordance with regulation 23(1) or 23(1A);". (2) In the Local Government (Elections) Regulations 1995, for regulation 23(1) substitute— "(1) Only 1 scrutineer for a candidate can be present in a polling booth at any one time to observe the issuing of ballot-papers by a particular authorised person. (1A) If a computerised system of counting or recounting ballot-papers is used, in respect r. 3 -- 5 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 4 of each candidate, only 1 scrutineer for each data entry person involved in the count or recount can be present at any one time.". (3) In the Local Government (Elections) Regulations 1995, for regulation 23(2) substitute— "(2) The authorised officer in charge of a polling booth may remove from the polling booth any scrutineer who is in the polling booth contrary to either sub-regulation (1) or (1A).". (4) In the Local Government (Elections) Regulations 1995, for regulation 35(2) substitute— "(2) Only 1 scrutineer for a candidate can be present at a central counting place at any one time to observe the counting or recounting of ballot-papers by a particular authorised person. (2A) If a computerised system of counting or recounting ballot-papers is used at a central counting place, in respect of each candidate, only 1 scrutineer for each data entry person involved in the count or recount can be present at any one time.". (5) In the Local Government (Elections) Regulations 1995, for regulation 83(2) substitute— "(2) In respect of each candidate, only one scrutineer for each authorised person involved in any of the electoral activities outlined in sub-regulations (1)(a) to (d) can be present at each electoral activity at any one time.". (6) In the Local Government (Elections) Regulations 1995, for regulation 83(3) substitute— "(3) For the purposes of sub-regulation (1)(e), in respect of each candidate only one r. 5 -- 6 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 5 scrutineer, for each authorised person involved in the counting or recounting of ballot-papers, or if a computerised system of counting or recounting ballot-papers is used, for each data entry person involved in the counting and recounting of ballot-papers, can be present at any one time.". (7) In regulation 83 of the Local Government (Elections) Regulations 1995, sub-regulations (4) and (6) are revoked. (8) In the Local Government (Elections) Regulations 1995, for regulation 83(5)(a) substitute— "(a) the scrutineer's presence is contrary to sub- regulation (2) or (3); or". 6. Identification of voters In the Local Government (Elections) Regulations 1995— (a) in regulations 27(1)(b) and (5), omit "before"; (b) in regulation 28(1)(b) omit "already". 7. Spoilt ballot-papers In regulations 31(2)(a) and (3)(a) of the Local Government (Elections) Regulations 1995, for "face" substitute "back". 8. Revocation of certain provisions In regulation 44 of the Local Government (Elections) Regulations 1995, sub-regulations (3) and (5) are revoked. 9. Disadvantaged voters r. 6 r. 9 -- 7 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 6 In the Local Government (Elections) Regulations 1995— (a) in regulation 47(1)(b), before "sign" insert "subject to clause 2(2A) of Schedule 3 of the Act,"; (b) in regulation 52(1), for "At" substitute "Subject to clause 2(2A) of Schedule 3 of the Act, at"; (c) in regulation 79, for "The" substitute "Subject to clause 2(2A) of Schedule 3 of the Act, the". 10. Certain changes to the form of candidates' personal statements For regulation 73(1)(c) of the Local Government (Elections) Regulations 1995 substitute— "(c) it is printed in the type, in the form and with the spacing which the returning officer considers appropriate in the circumstances.". 11. Declaration envelopes (1) In the Local Government (Elections) Regulations 1995, for regulation 74(2) substitute— "(2) Each replacement declaration envelope issued under regulation 78(1) must be identified as a replacement declaration envelope.". (2) In regulation 78(1) of the Local Government (Elections) Regulations 1995, for "a second declaration envelope or ballot-paper or postal ballot envelope, as the case may be" substitute "whichever of the following is appropriate: a declaration envelope, a ballot-paper, a postal ballot envelope, a replacement declaration envelope, a replacement ballot-paper or a replacement postal ballot envelope". -- 8 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 7 (3) In regulations 80(2)(b)(iii) and 89(2)(g)(iii) of the Local Government (Elections) Regulations 1995, for "second" (wherever occurring) substitute "replacement". 12. Removal of requirement that ballot papers be endorsed by the returning officer In regulation 75 of the Local Government (Elections) Regulations 1995, sub-regulation (6) is revoked. 13. Removal of requirement for declaration envelopes to be arranged in numerical order In regulation 80(1)(d) of the Local Government (Elections) Regulations 1995, omit "in numerical order". 14. Addition to list of sufficient excuses for not voting After regulation 89(2)(g) of the Local Government (Elections) Regulations 1995 insert— "(h) the voter did not vote at the election for religious reasons.". _______________ r. 12 -- 9 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 8 PART 3—AMENDMENTS RELATING TO FORMS 15. Substitution of regulations 6 and 7 For regulations 6 and 7 of the Local Government (Elections) Regulations 1995 substitute— "6. Applications and requests for enrolment (1) An application for enrolment under section 12 of the Act by an owner or occupier (not otherwise eligible to be enrolled under section 11 of the Act) must be in writing and must include the following details— (a) the name of the Council (and the Ward, if the municipal district is subdivided); (b) the full name, residential address, home and business telephone numbers and date of birth of the person whose enrolment is sought; (c) the address of the rateable land in respect of which the application to be enrolled is made; (d) a declaration signed and dated by the person making the application that— (i) he or she is not enrolled on the voters' roll under section 11 of the Act; and (ii) is the owner or occupier of the rateable land described in the application. (2) A notice of appointment on behalf of a corporation or person and corporation in the City of Melbourne under section 13A(2)(a) and 13A(2)(aa) of the Act must be in writing and must include the following details— r. 15 -- 10 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 9 (a) the name of the Council (and the Ward if the municipal district is subdivided); (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. 15 -- 11 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 10 (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 any ward of the City of Melbourne; (iii) includes the residential address, home and business telephone numbers and date of birth of the appointee. (3) A notice of appointment on behalf of a person and a corporation under section 13(1) or 13(3) of the Act must be in writing and must include the following details— (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the full name and date of birth of the appointee whose enrolment on the voters' roll on behalf of the corporation is sought; (c) the address of the rateable land in respect of which the appointment is being made; (d) a declaration signed and dated by the person(s) authorised to make the appointment on behalf of the corporation(s)/person(s) including— (i) the name of each person so authorised and the position held by that person in the relevant corporation; (ii) the name and address of each corporation/person making the appointment; r. 15 -- 12 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 11 (iii) whether the corporation/person is 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)/ person(s) which is/are the owner, occupier, joint owner or joint occupier of the land described in the application to represent the corporation(s)/person(s) on the voters' roll of the Council; (e) a declaration signed and dated by the appointee that— (i) he or she consents to the appointment; (ii) he or she is not for any other reason already enrolled or entitled to be enrolled on the voters' roll in respect of the ward/municipal district for which the appointment is made; (iii) includes the residential address, home and business telephone numbers and date of birth of the appointee. 7. Notice relating to company appointments (1) A notice of resignation under section 17(2)(a)(ii) of the Act must be in writing and must include the following details— (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the full name, residential address and home and business telephone numbers r. 15 -- 13 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 12 of the person resigning from the appointment; (c) the name of the corporation(s)/ person(s) who appointed the appointee; (d) a declaration signed and dated by the appointee that he or she is resigning from the appointment. (2) A notice of revocation under section 17(2)(b) of the Act must be in writing and must include the following details— (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the full name of the person whose appointment is being revoked; (c) the address of the rateable land in respect of which the appointment was made; (d) the date on which the appointment of the person was revoked; (e) a request that the Council remove the name of that person from the voters' roll; (f) the name and address of the corporation(s) making the revocation; (g) the name and signature of each person authorised to revoke the appointment on behalf of the corporation(s) and the position that person holds in the corporation.". 16. Amendment of regulation 10(1) For regulation 10(1) of the Local Government (Elections) Regulations 1995 substitute— r. 15 r. 16 -- 14 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 13 "(1) A notice of candidature under clause 5(1)(a) of Schedule 2 of the Act must be in writing and must include the following details— (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the full name of the 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 the candidate's name is to appear on the ballot-paper; (d) the name and home and business telephone numbers of the candidate's campaign manager, if any; (e) a declaration signed and dated by the candidate that— (i) he or she is applying to be a candidate for the office of Councillor for [the --- Ward of] the ---Council at the election/by- election and the year of the election/by-election; (ii) he or she is qualified to be a candidate under the provisions of the Act; (iii) he or she is aware that it is an offence under the Act 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.". 17. Substitution of regulations 11, 12, 13 and 14 r. 17 -- 15 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 14 For regulations 11, 12, 13 and 14 of the Local Government (Elections) Regulations 1995 substitute— "11. Scrutineers (1) A notice of appointment of scrutineers under clause 15(2A) of Schedule 2 of the Act must be in writing and must include the following details— (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the full name and address of the candidate who is appointing the scrutineer; (c) the full name and address of the person being appointed as the scrutineer; (d) a declaration signed and dated by the candidate which includes— (i) a statement that he or she is a candidate for the office of Councillor; (ii) the name of the Council and Ward (if applicable), the date of the election or by-election for which he or she is a candidate; (iii) a statement that he or she is appointing the person referred to in paragraph (b) as a scrutineer. (2) A declaration by a scrutineer under clause 15(4) of Schedule 2 of the Act must be in writing and must include the following details— (a) the name of the Council (and the Ward if the municipal district is subdivided); -- 16 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 15 (b) the full name and address of the candidate who is appointing the scrutineer; (c) the full name and address of the person being appointed as the scrutineer. (3) The declaration under sub-regulation (2) must be signed and dated by the scrutineer in the presence of the returning officer or deputy returning officer or authorised person in charge of the polling place and state that— (a) he or she undertakes to be a scrutineer for the candidate; (b) he or she will not disclose any fact coming to his or her knowledge which he or she is required not to disclose under the Act and the regulations made under the Act; (c) he or she is not a person who cannot be appointed as a scrutineer under the Act and the Regulations. 12. Declaration by returning officer, authorised person or interpreter (1) A declaration by a returning officer, an authorised officer or an interpreter under clause 2 of Schedule 2 of the Act must be in writing and must include the following details— (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the full name and residential address of the returning officer or authorised person or interpreter, as the case may be. r. 17 -- 17 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 16 (2) A declaration made under sub-regulation (1) must be signed and dated by the person making the declaration in the presence of a witness and state that— (a) he or she undertakes to be a returning officer for the first time, or an authorised person or an interpreter at the election/by-election to be held on ...........................; (b) he or she will properly perform the duties and functions of a returning officer or an authorised person or an interpreter and is aware of the offences under the Act which relate to these persons; (c) he or she will not disclose any fact coming into his or her knowledge at the election/by-election which must not be disclosed by virtue of provisions of the Act or regulations made under the Act. 13. Declaration form for an unenrolled voter at an election by attendance voting (1) A person who claims to be entitled to vote but is not enrolled on the voters' roll under regulation 26(3) must make a declaration in writing which must include the following details— (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the applicant's full name, residential address and date of birth; (c) the address in respect of which the applicant claims to be entitled to be enrolled on the voters' roll; r. 17 -- 18 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 17 (d) the basis of the claim to be entitled to be enrolled on the voters' roll; (e) the date from which the applicant claims to be entitled to be enrolled on the voters' roll; (f) details of any change of name if the applicant was previously enrolled on the voters' roll in a different name; (g) a statement signed by the applicant that— (i) the applicant is entitled to vote and has not voted at the election or by-election; (ii) the information provided in the declaration is true and correct. (2) The statement made under sub-regulation (1) must be signed and dated in the presence of an authorised person. 14. Declaration form for unidentified voter at an election by attendance voting (1) A person who does not provide proof of identity under regulation 27(3) must make a declaration in writing which must include the following details— (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the full name, date of birth and residential address of the person; (c) the address in respect of which the person is enrolled on the voters' roll; (d) details of any change of name if the person was previously enrolled on the voters' roll in a different name; r. 17 -- 19 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 18 (e) a statement signed by him or her that he or she— (i) is the same person as the person who appears on the voters' roll for [the ---------Ward of] the ----------- ------Council; and (ii) has not voted at the election or by-election; (f) in the case of a person who is entitled to vote personally, a statement signed by him or her that he or she— (i) did not receive a ballot-paper; and (ii) has not voted at the election or by-election. (2) The declaration made under sub-regulation (1) must be signed and dated in the presence of an authorised person. (3) If the person making a declaration under sub-regulation (1) is a disadvantaged voter within the meaning of the Act, the declaration must also include the signature of the person authorised by the disadvantaged voter, witnessed by an authorised person, and the date.". 18. Substitution of regulation 15 For regulation 15 of the Local Government (Elections) Regulations 1995 substitute— "15. Form of ballot paper A ballot-paper under clause 14(1) of Schedule 2 of the Act must include the following details— r. 18 -- 20 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 19 (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the name of all the candidates and a box opposite the name of each candidate; (c) instructions to number all the boxes in order of choice, to number every box and not to use any number more than once.". 19. Replacements of prescribed forms with prescribed details in regulations 28, 43, 45 and 49 (1) In regulation 28(1)(b) of the Local Government (Elections) Regulations 1995, for "declares in accordance with Form 11" substitute "makes a declaration in writing". (2) After regulation 28(1) of the Local Government (Elections) Regulations 1995, insert— "(1A) A declaration made under sub-regulation (1)(b) must include the following details— (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the full name, date of birth and residential address of the person; (c) the address in respect of which the person is enrolled on the voters' roll; (d) details of any change of name if the person was previously enrolled on the voters' roll in a different name; (e) a statement signed by the person that he or she has not voted at the election or by-election. (1B) The declaration made under sub-regulation (1)(b) must be signed and dated in the presence of an authorised person. r. 19 -- 21 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 20 (1C) If the person making a declaration under sub-regulation (1)(b) is a disadvantaged voter within the meaning of the Act, the declaration must also include the signature of the person authorised by the disadvantaged voter, witnessed by an authorised person, and the date.". (3) In regulation 43(1) of the Local Government (Elections) Regulations 1995, omit "in accordance with Form 13". (4) After regulation 43(1) of the Local Government (Elections) Regulations 1995, insert— "(1A) An application must contain the following details— (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the full name and residential address of the applicant; (c) the address in respect of which the applicant is enrolled on the voters' roll; (d) a declaration signed and dated by the applicant, or if the person is a disadvantaged voter within the meaning of the Act, the signature of the person authorised by the disadvantaged voter, that the applicant— (i) is enrolled or entitled to be enrolled on the voters' roll for the forthcoming election or by-election; and (ii) is qualified to vote at the election or by-election; and (iii) has not voted at the election or by-election.". r. 19 -- 22 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 21 (5) In regulation 45(1) of the Local Government (Elections) Regulations 1995, for paragraphs (b) and (c) substitute— '(b) a declaration envelope which includes the following details— (i) the name of the Council (and the Ward if the municipal district is subdivided); (ii) the full name, date of birth, roll number and application number of the voter; (iii) a declaration signed and dated by the voter, or if the voter is a disadvantaged voter within the meaning of the Act, the signature of the person authorised by the disadvantaged voter that the applicant— (A) is enrolled or entitled to be enrolled on the voters' roll for the election or by election; and (B) has not voted at the election or by-election; (c) a copy of the instructions to a voter which includes the following details— (i) instructions to number all the boxes in order of choice, to number every box and not to use any number more than once; (ii) advice that a voter is not required to vote or sign a declaration envelope in the presence of a witness and advice that a physically incapacitated voter is not required to sign the declaration envelope; (iii) details of the assistance in marking a ballot-paper which can be provided to r. 19 -- 23 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 22 disadvantaged voters including an explanation of the term "disadvantaged voter"; (iv) details of the procedures to be followed after the voter has marked the ballot- paper including such matters as the sealing and signing of declaration envelopes containing ballot-papers and advice on where and when declaration envelopes must be returned.'. (6) In regulation 49(3) of the Local Government (Elections) Regulations 1995, omit "in accordance with Form 11". (7) After regulation 49(3) of the Local Government (Elections) Regulations 1995, insert— "(3A) A declaration under sub-regulation (3) must be in writing and must include the following details— (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the full name, date of birth and residential address of the person; (c) the address in respect of which the person is enrolled on the voters' roll; (d) details of any change of name if the person was previously enrolled on the voters' roll in a different name; (e) a statement signed by him or her that he or she— (i) is the same person as the person who appears on the voters' roll for [the ---------Ward of] the ----------- ------Council; and r. 19 -- 24 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 23 (ii) has not voted at the election or by-election; (f) in the case of a person who is entitled to vote personally, a statement that signed by him or her that he or she— (i) did not receive a ballot-paper; and (ii) has not voted at the election or by-election. (3B) If the person making a declaration under sub-regulation (3) is a disadvantaged voter within the meaning of the Act, the declaration must include the signature of the person authorised by the disadvantaged voter, witnessed by an authorised person, and the date.". 20. Substitution of regulation 63 For regulation 63 of the Local Government (Elections) Regulations 1995 substitute— "63. Application for registration (1) A person applying to the returning officer for registration of a form or sample how-to-vote card must lodge an application which includes the following details together with a form or sample of the how-to-vote card— (a) the name of the Council (and the Ward if the municipal district is subdivided); (b) the full name and address of the applicant and the full name of the candidate on whose behalf the how-to- vote card is to be registered; (c) the signature of the candidate and the date on which he or she signed the application; r. 20 -- 25 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 24 (d) if the how-to-vote card contains a section in a language other than English, a translation of the non- English section together with a signed and dated declaration that the translation is a fair translation; (e) a declaration by the applicant, that he or she is aware that it is an offence for a person to knowingly make a false statement in relation to the application and that the maximum penalty for this offence is $100. (2) A declaration referred to in sub-regulation (1) must be witnessed by a returning officer.". 21. Substitution of regulation 93 For regulation 93 of the Local Government (Elections) Regulations 1995 substitute— "93. Application for an inquiry into an election An application for an inquiry into an election under section 45 of the Act must be addressed to the Minister administering the relevant provisions of the Act and must include the following details— (a) the name of the Council and the Ward of the municipal district (if appropriate) where the election or by-election was held; (b) the full names and addresses of the candidate, or the 10 enrolled or unenrolled voters making the application for the inquiry; (c) the home and business telephone numbers of the candidate, or in the case of an application by 10 enrolled or r. 21 -- 26 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 25 unenrolled voters, the home and business telephone numbers of a contact person for the purposes of the application; (d) the signatures of the candidate or the 10 enrolled or unenrolled voters and the date on which the candidate or the voters signed the application; (e) the grounds on which the inquiry into the conduct or validity of the election or by-election is sought.". 22. Revocation of prescribed forms The Schedule to the Local Government (Elections) Regulations 1995 is revoked. ═══════════════ r. 22 -- 27 of 28 -- S.R. No. 2/1999 Local Government (Elections) (Amendment) Regulations 1999 26 NOTES 1 Reg. 1: S.R. No. 164/1995 and subsequently amended by S.R. No 123/1996. Notes -- 28 of 28 --