Justice Legislation (Miscellaneous Amendments) Act 2006
i
Justice Legislation (Miscellaneous Amendments)
Act 2006
Act No. 14/2006
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2—AMENDMENT OF APPEAL COSTS ACT 1998 3
3. Application for indemnity certificate if criminal proceeding
adjourned 3
PART 3—AMENDMENT OF CONSTITUTION ACT 1975 4
4. Commissions of Judges 4
5. Salaries, allowances and pensions of Judges of the Supreme
Court 4
6. As to pensions of Judges of the Supreme Court and their
spouses and children 5
7. Judges not to hold any other place of profit 5
PART 4—AMENDMENT OF COUNTY COURT ACT 1958 6
8. Salaries and allowances of the Chief Judge and other judges 6
9. Provision for pensions to County Court judges and their
widows 6
10. Power to make rules of practice 7
11. Council of Judges 7
PART 5—AMENDMENT TO COURTS LEGISLATION
(JUDICIAL CONDUCT) ACT 2005 8
12. Commissions of Judges 8
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Section Page
ii
PART 6—AMENDMENT OF CRIMES ACT 1958 9
13. Forensic procedure following the commission of forensic
sample offence 9
14. Retention of information following finding of guilt 10
15. New section 604 inserted 11
604. Transitional provision—Justice Legislation
(Miscellaneous Amendments) Act 2006 11
PART 7—AMENDMENT OF EVIDENCE ACT 1958 12
16. List of persons who may witness statutory declarations 12
17. Affidavits in Victoria how sworn and taken 12
PART 8—AMENDMENT OF PUBLIC NOTARIES ACT 2001 13
18. Application for certificate of eligibility 13
PART 9—AMENDMENT OF SERIOUS SEX OFFENDERS
MONITORING ACT 2005 14
19. Amendment to Schedule 14
PART 10—AMENDMENT OF SEX OFFENDERS
REGISTRATION ACT 2004 15
20. Amendment to Schedule 1—Class 1 Offences 15
PART 11—AMENDMENT OF VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998 16
21. Definition 16
22. Short-term Vice Presidents 16
23. Vacation of office 17
24. Member or former member may not represent a party 17
25. Reconstitution of Tribunal 17
26. New section 162 inserted 18
162. Transitional provision—Justice Legislation
(Miscellaneous Amendments) Act 2006 18
27. Questions of law 18
PART 12—AMENDMENT OF WORKING WITH CHILDREN
ACT 2005 19
28. Teachers 19
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Section Page
iii
PART 13—AMENDMENT OF LEGAL PROFESSION ACT 2004 20
29. Legal Services Board elections 20
═══════════════
ENDNOTES 22
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1
Justice Legislation (Miscellaneous
Amendments) Act 2006 †
[Assented to 11 April 2006]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to—
(a) the Appeal Costs Act 1998; and
(b) the Constitution Act 1975; and
(c) the County Court Act 1958; and
Victoria
No. 14 of 2006
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Part 1—Preliminary
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
2
(d) the Courts Legislation (Judicial Conduct)
Act 2005; and
(e) the Crimes Act 1958; and
(f) the Evidence Act 1958; and
(g) the Public Notaries Act 2001; and
(h) the Serious Sex Offenders Monitoring
Act 2005; and
(i) the Sex Offenders Registration Act 2004;
and
(j) the Victorian Civil and Administrative
Tribunal Act 1998; and
(k) the Working with Children Act 2005; and
(l) the Legal Profession Act 2004.
2. Commencement
(1) This Act, other than sections 6 and 20, comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Section 6 is deemed to have come into operation
on 1 May 2005.
(3) Section 20 is deemed to have come into operation
on 1 August 2005.
__________________
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Part 2—Amendment of Appeal Costs Act 1998
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
3
PART 2—AMENDMENT OF APPEAL COSTS ACT 1998
3. Application for indemnity certificate if criminal
proceeding adjourned
In section 17(3) of the Appeal Costs Act 1998,
after "approved form" insert "and on proof being
provided by that party of the costs that have been
incurred".
__________________
See:
Act No.
87/1998
and
amending
Act Nos
35/2002,
34/2004,
108/2004 and
18/2005.
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Part 3—Amendment of Constitution Act 1975
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
4
PART 3—AMENDMENT OF CONSTITUTION ACT 1975
4. Commissions of Judges
(1) In section 77(4)(a) of the Constitution Act 1975,
for "has not made an election under section 80A"
substitute "did not make an election under
section 80A before the commencement of
section 3 of the Courts Legislation (Judicial
Appointments and Other Amendments) Act
2005".
(2) In section 77(4)(b) of the Constitution Act 1975,
for "that section who has made an election under
section 80A" substitute "section 4 of the Courts
Amendment Act 1986 who made an election
under section 80A before the commencement of
section 3 of the Courts Legislation (Judicial
Appointments and Other Amendments) Act
2005".
(3) In section 77(4)(c) of the Constitution Act 1975,
for "that section" substitute "section 4 of the
Courts Amendment Act 1986".
5. Salaries, allowances and pensions of Judges of the
Supreme Court
In section 82(9) of the Constitution Act 1975, for
"has made an election under section 80A"
substitute "made an election under section 80A
before the commencement of section 3 of the
Courts Legislation (Judicial Appointments and
Other Amendments) Act 2005".
See:
Act No.
8750.
Reprint No. 17
as at
1 May 2005
and
amending
Act Nos
2/2003,
16/2005,
20/2005,
25/2005,
30/2005 and
38/2005
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Part 3—Amendment of Constitution Act 1975
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
5
6. As to pensions of Judges of the Supreme Court and
their spouses and children
After section 83(1B) of the Constitution Act
1975 insert—
"(1C) A Judge of the Court who—
(a) was appointed as a Judge of the Court
before the commencement of section 16
of the Judicial Remuneration
Tribunal Act 1995; and
(b) has served for not less than 10 years in
the office of Judge of the Court; and
(c) has attained the age of 60 years—
may retire from his or her office before
attaining the age of 65 years and then on
attaining the age of 65 years shall be entitled
to a pension payable fortnightly at the rate
per annum of 60 per centum of the annual
salary for the time being applicable to the
office that he or she held immediately before
his or her retirement.".
7. Judges not to hold any other place of profit
In section 84(5) of the Constitution Act 1975, for
"has made an election under section 80A"
substitute "made an election under section 80A
before the commencement of section 3 of the
Courts Legislation (Judicial Appointments and
Other Amendments) Act 2005".
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Part 4—Amendment of County Court Act 1958
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
6
PART 4—AMENDMENT OF COUNTY COURT ACT 1958
8. Salaries and allowances of the Chief Judge and
other judges
In section 10(9) of the County Court Act 1958,
for "has made an election under section 13A"
substitute "made an election under section 13A
before the commencement of section 7 of the
Courts Legislation (Judicial Appointments and
Other Amendments) Act 2005".
9. Provision for pensions to County Court judges and
their widows
In section 14(1) of the County Court Act 1958—
(a) in paragraph (a), for "has not made an
election under section 13A" substitute "did
not make an election under section 13A
before the commencement of section 7 of the
Courts Legislation (Judicial
Appointments and Other Amendments)
Act 2005";
(b) in paragraph (b), for "that section who has
made an election under section 13A"
substitute "section 8 of the Courts
Amendment Act 1986 who made an
election under section 13A before the
commencement of section 7 of the Courts
Legislation (Judicial Appointments and
Other Amendments) Act 2005".
(c) in paragraph (c), for "that section" substitute
"section 8 of the Courts Amendment Act
1986".
See:
Act No.
6230.
Reprint No. 11
as at
1 July 2004
and
amending
Act Nos
107/1986,
108/2004,
3/2005,
16/2005,
18/2005 and
30/2005.
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Part 4—Amendment of County Court Act 1958
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
7
10. Power to make rules of practice
In section 78(1) and (2) of the County Court
Act 1958, for "have made an election under
section 13A(1) or has been appointed under
section 13A(3A)" substitute "made an election
under section 13A(1), or were appointed under
section 13A(3A), before the commencement of
section 7 of the Courts Legislation (Judicial
Appointments and Other Amendments) Act
2005".
11. Council of Judges
In section 87(3) of the County Court Act 1958,
for "has made an election under section 13A(1) or
has been appointed under section 13A(3A)"
substitute "made an election under section
13A(1), or were appointed under section
13A(3A), before the commencement of section 7
of the Courts Legislation (Judicial
Appointments and Other Amendments) Act
2005".
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Part 5—Amendment to Courts Legislation (Judicial Conduct) Act 2005
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
8
PART 5—AMENDMENT TO COURTS LEGISLATION
(JUDICIAL CONDUCT) ACT 2005
12. Commissions of Judges
In section 5(2) of the Courts Legislation
(Judicial Conduct) Act 2005, in the proposed
new section 77(4)(aa) of the Constitution Act
1975, after "by" insert "or".
__________________
See:
Act No.
16/2005.
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Part 6—Amendment of Crimes Act 1958
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
9
PART 6—AMENDMENT OF CRIMES ACT 1958
13. Forensic procedure following the commission of
forensic sample offence
(1) In section 464ZF of the Crimes Act 1958—
(a) in sub-section (2), for "expiration of any
appeal period or the final determination of an
appeal" substitute "final determination of an
appeal against conviction or sentence or the
expiration of any appeal period";
(b) in sub-section (2AA), for "expiration of any
appeal period or the final determination of an
appeal" substitute "final determination of an
appeal against conviction or sentence or the
expiration of any appeal period";
(c) in sub-section (6)—
(i) after "relation to the" insert "conviction
for the";
(ii) after "an appeal" (where twice
occurring) insert "against conviction".
(2) After section 464ZF(6) of the Crimes Act 1958
insert—
"(6A) If leave to appeal against a conviction for a
forensic sample offence is sought after the
expiry of the appeal period in relation to the
conviction, an order made by a court under
sub-section (2) before leave to appeal is
sought, if not executed before that leave is
sought, must not be executed unless—
(a) leave to appeal against the conviction is
refused; or
(b) leave to appeal against the conviction is
granted and the appeal is finally
See:
Act No.
6231.
Reprint No. 18
as at
1 July 2005
and
amending
Act Nos
16/2004,
18/2005,
56/2005 and
66/2005.
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Part 6—Amendment of Crimes Act 1958
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
10
determined and the conviction for the
forensic sample offence is upheld.
(6B) If an order made by a court under sub-
section (2) has been executed after the
expiration of the appeal period in relation to
the conviction for the forensic sample
offence and leave to appeal against the
conviction is granted after the expiry of that
period—
(a) any sample and any related material
and information taken may be retained
by a member of the police force
pending the final determination of the
appeal against conviction; and
(b) if, on appeal, the conviction for the
forensic sample offence is quashed, the
Chief Commissioner of Police must
without delay destroy, or cause to be
destroyed, any sample taken and any
related material and information.".
14. Retention of information following finding of guilt
In section 464ZFB of the Crimes Act 1958—
(a) in sub-section (1), for "expiry of the appeal
period in respect of the offence or the final
determination of an appeal" substitute "final
determination of an appeal against
conviction or sentence or the expiry of any
appeal period in respect of the offence";
(b) in sub-section (2A)—
(i) after "respect of the" insert "conviction
for the";
(ii) after "appeal" (where secondly and
thirdly occurring) insert "against
conviction".
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Part 6—Amendment of Crimes Act 1958
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
11
15. New section 604 inserted
After section 603 of the Crimes Act 1958
insert—
"604. Transitional provision—Justice
Legislation (Miscellaneous Amendments)
Act 2006
The amendments made to this Act by
sections 13 and 14 of the Justice Legislation
(Miscellaneous Amendments) Act 2006
only apply to appeals for which the notice of
appeal or notice of application for leave to
appeal is given after the commencement of
those sections.".
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Part 7—Amendment of Evidence Act 1958
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
12
PART 7—AMENDMENT OF EVIDENCE ACT 1958
16. List of persons who may witness statutory
declarations
In section 107A(1)(i) of the Evidence Act 1958
for "Part XV of the Patents Act 1952" substitute
"Chapter 20 of the Patents Act 1990".
17. Affidavits in Victoria how sworn and taken
In section 123C(1)(gd) of the Evidence Act 1958
for "Part XV of the Patents Act 1952" substitute
"Chapter 20 of the Patents Act 1990".
__________________
See:
Act No.
6246.
Reprint No. 14
as at
6 June 2002
and
amending
Act Nos
20/2004,
60/2004,
72/2004,
108/2004,
15/2005,
18/2005 and
75/2005.
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Part 8—Amendment of Public Notaries Act 2001
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
13
PART 8—AMENDMENT OF PUBLIC NOTARIES ACT 2001
18. Application for certificate of eligibility
In section 5(3) of the Public Notaries Act 2001,
for "2·9 fee units" substitute "29 fee units".
__________________
See:
Act No.
52/2001
and
amending
Act Nos
10/2004 and
18/2005
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Part 9—Amendment of Serious Sex Offenders Monitoring Act 2005
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
14
PART 9—AMENDMENT OF SERIOUS SEX OFFENDERS
MONITORING ACT 2005
19. Amendment to Schedule
After item 37 of the Schedule to the Serious Sex
Offenders Monitoring Act 2005 insert—
"37A. An offence against section 271.4 (trafficking in
children) or section 271.7 (domestic trafficking in
children) of the Criminal Code of the Commonwealth
in circumstances where the purpose of the
exploitation is to provide sexual services within the
meaning of that section.".
__________________
See:
Act No.
1/2005
and
amending
Act Nos
34/2005 and
69/2005.
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Part 10—Amendment of Sex Offenders Registration Act 2004
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
15
PART 10—AMENDMENT OF SEX OFFENDERS
REGISTRATION ACT 2004
20. Amendment to Schedule 1—Class 1 Offences
In Schedule 1 to the Sex Offenders Registration
Act 2004, for "6A. An offence" substitute "6AA.
An offence".
__________________
See:
Act No.
56/2004.
Reprint No. 1
as at
1 October
2005
and
amending
Act Nos
18/2005,
34/2005,
57/2005 and
69/2005.
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Part 11—Amendment of Victorian Civil and Administrative Tribunal Act
1998
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
16
PART 11—AMENDMENT OF VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998
21. Definition
In section 3 of the Victorian Civil and
Administrative Tribunal Act 1998 insert the
following definition—
' "acting judge", in relation to the Supreme Court
or County Court, means a Judge appointed as
an acting judge, in the case of the Supreme
Court, under section 80D of the
Constitution Act 1975, or, in the case of the
County Court, under section 11 of the
County Court Act 1958;'.
22. Short-term Vice Presidents
(1) In section 11A(1) of the Victorian Civil and
Administrative Tribunal Act 1998, after "Court"
insert "or acting judges of the Supreme Court or
County Court".
(2) In section 11A(2), (3) and (4) of the Victorian
Civil and Administrative Tribunal Act 1998,
after "judge" (wherever occurring) insert "or an
acting judge".
(3) In section 11A(2) of the Victorian Civil and
Administrative Tribunal Act 1998, for
"3 months" substitute "6 months".
(4) After section 11A(2) of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"(2A) In appointing a reserve judge or an acting
judge as a Vice President, the Minister may
from time to time require that judge to
undertake the duties of a Vice President on a
full-time or part-time basis, including a
sessional basis.".
See:
Act No.
53/1998.
Reprint No. 3
as at
1 July 2003
and
amending
Act Nos
18/2003,
30/2003,
75/2003,
10/2004,
12/2004 (as
amended by
39/2004),
53/2004,
99/2004,
108/2004,
16/2005,
18/2005,
49/2005,
52/2005,
61/2005 and
71/2005.
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Part 11—Amendment of Victorian Civil and Administrative Tribunal Act
1998
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
17
(5) In section 11A(3) of the Victorian Civil and
Administrative Tribunal Act 1998, after "Chief
Judge" insert "or the Chief Justice, as the case
requires".
(6) In section 11A(5) of the Victorian Civil and
Administrative Tribunal Act 1998, for "judge"
substitute "or acting judge".
23. Vacation of office
(1) In section 21(1) of the Victorian Civil and
Administrative Tribunal Act 1998, after
"reserve judge" insert "or acting judge".
(2) After section 21(2) of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"(3) Without limiting sub-section (2), the office
of an ordinary member or a senior member,
if that member is a magistrate, becomes
vacant if the member ceases to hold the
office of magistrate.".
24. Member or former member may not represent a
party
In section 25A(b) of the Victorian Civil and
Administrative Tribunal Act 1998, after
"assigned" insert ", except with the approval of
the President".
25. Reconstitution of Tribunal
(1) In section 108(4) of the Victorian Civil and
Administrative Tribunal Act 1998, for "require
the matter to be referred to the President"
substitute "make a request to the President that
the Tribunal be reconstituted".
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Part 11—Amendment of Victorian Civil and Administrative Tribunal Act
1998
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
18
(2) For section 108(5) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute—
"(5) If a request is made to the President under
sub-section (4), the President may allow or
reject the request for reconstitution, with or
without allowing the parties to make written
or oral submissions.".
26. New section 162 inserted
After section 161 of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"162. Transitional provision—Justice
Legislation (Miscellaneous Amendments)
Act 2006
The amendments made to Schedule 1 by
section 27 of the Justice Legislation
(Miscellaneous Amendments) Act 2006
only apply to proceedings commenced after
the commencement of that section.".
27. Questions of law
(1) In clause 66(1)(a) of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998,
for "if the parties agree" substitute "unless the
parties that are present at the hearing of the
proceeding disagree".
(2) After clause 66(2) of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998
insert—
"(3) For the purpose of this clause, the determination of a
question of law in a proceeding under a planning
enactment is deemed to be an order for the purposes
of section 120.".
__________________
s. 26 s. 28
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Part 12—Amendment of Working with Children Act 2005
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
19
PART 12—AMENDMENT OF WORKING WITH CHILDREN
ACT 2005
28. Teachers
In section 30(1) of the Working with Children
Act 2005—
(a) for "registered under section 11 of"
substitute "a registered teacher under";
(b) omit "as a teacher".
__________________
See:
Act No.
57/2005.
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Part 13—Amendment of Legal Profession Act 2004
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
20
PART 13—AMENDMENT OF LEGAL PROFESSION
ACT 2004
29. Legal Services Board elections
(1) For the heading to clause 5 of Schedule 1 to the
Legal Profession Act 2004 substitute—
"Preferential voting for advocate member".
(2) After clause 5(2) of Schedule 1 to the Legal
Profession Act 2004 insert—
"(3) This clause applies to the election of the advocate
member.".
(3) After clause 5 of Schedule 1 to the Legal
Profession Act 2004 insert—
'5A. Exhaustive preferential voting for non-advocate
members
(1) This clause applies to the election of the non-advocate
members if there are more than 2 candidates.
(2) The first vacancy is to be filled in the manner
specified in clause 5(2) for determining the result if
there are more than 2 candidates for election of a
member and, for that purpose, a reference in clause
5(2) to a "defeated candidate" or a "non-defeated
candidate" is to be construed as a reference to an
"excluded candidate" or a "continuing candidate" as
the case may be.
(3) The second vacancy is to be filled as follows—
(a) all the ballot-papers (other than the ballot-
papers which are rejected) are to be rearranged
under the names of the respective candidates
for which a first preference is indicated;
(b) the ballot-papers on which a first preference is
indicated for the elected candidate are to be
placed in the parcel of the continuing candidate
next in order of the voter's preference;
(c) the total number of votes given to each
continuing candidate is to be ascertained;
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Part 13—Amendment of Legal Profession Act 2004
Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
21
(d) the candidate who has received the greatest
number of votes, if that number constitutes an
absolute majority of votes, is to be declared
elected;
(e) if no candidate has an absolute majority of
votes—
(i) the candidate who has received the
fewest votes is to be declared an
excluded candidate; and
(ii) the ballot-papers counted to the excluded
candidate are to be distributed amongst
the continuing candidates next in order of
the voters' preference; and
(iii) the total number of votes given to each
continuing candidate is to be ascertained;
and
(iv) the candidate who then has received the
greatest number of votes, if that number
constitutes an absolute majority of votes,
is to be declared elected;
(f) if no candidate then has an absolute majority of
votes the process of declaring the candidate
who has the fewest votes an excluded candidate
and distributing the ballot-papers amongst the
continuing candidates next in order of the
voter's preference is to be repeated until one
candidate has received an absolute majority of
votes and is declared elected.
(4) If on any count 2 or more candidates have an equal
number of votes and one of them has to be declared
an excluded candidate the result is to be determined
by lot.
(5) If on the final count 2 candidates have received an
equal number of votes the result is to be determined
by lot.
(6) In this clause, "continuing candidate" means a
candidate not already elected or excluded from the
count.'.
═══════════════
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Justice Legislation (Miscellaneous Amendments) Act 2006
Act No. 14/2006
22
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 16 November 2005
Legislative Council: 28 March 2006
The long title for the Bill for this Act was "to amend the Appeal Costs
Act 1998, the Constitution Act 1975, the County Court Act 1958, the
Courts Legislation (Judicial Conduct) Act 2005, the Crimes Act 1958,
the Evidence Act 1958, the Public Notaries Act 2001, the Serious Sex
Offenders Monitoring Act 2005, the Sex Offenders Registration Act
2004, the Victorian Civil and Administrative Tribunal Act 1998, the
Working with Children Act 2005 and the Legal Profession Act 2004
and for other purposes."
Constitution Act 1975:
Absolute majorities:
Legislative Assembly: 1 March 2006, 4 April 2006
Legislative Council: 30 March 2006
Endnotes
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