Electoral Legislation (Further Amendment) Act 2005

i Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2—ELECTORAL ACT 2002 3 3. Amendment of section 24—General postal voters 3 4. Amendment of section 44—Reference to registered officer to include reference to deputy registered officer 3 5. New sections 58A to 58D inserted—Re-registration of registered political party 3 58A. Registered political party must apply for re-registration 3 58B. Application for re-registration 4 58C. Political party not to be re-registered during election 5 58D. Re-registration 5 6. Amendment of section 60—Review of certain decisions 7 7. Division 5 of Part 5 substituted—How-to-vote cards 7 Division 5—How-to-vote Cards 7 77. Submission of how-to-vote cards to the election manager 7 78. Submission of how-to-vote cards to the Commission 8 79. Registration process 9 80. Alterations to registered how-to-vote card to correct error 10 81. Supply of how-to-vote cards 12 82. How-to-vote cards available for inspection 12 82A. Review of the Commission's decision 12 8. New section 97A inserted—Temporary suspension of voting at an election day voting centre 13 97A. Temporary suspension of voting at an election day voting centre 13 9. Section 98 substituted—Electors who may apply to vote early or by post 14 98. Electors who may apply to vote early or by post 14 -- 1 of 25 -- Section Page ii 10. Amendment of section 99—Application to vote early 15 11. Amendment of section 180—Refunds of deposits 15 12. Amendment of section 181—Appropriation of money 15 13. Repeal of spent provisions 15 PART 3—CONSTITUTION ACT 1975 16 14. Amendment of section 49—Public officers not to sit in Parliament except as mentioned 16 15. Amendment of section 61—Holders of offices not to be disqualified from election to Council or Assembly 16 PART 4—CONSTITUTION (PARLIAMENTARY REFORM) ACT 2003 17 16. New section 25A inserted 17 25A. Amendment of section 58 17 17. Amendment of section 27 17 18. Section 34 substituted 18 34. How-to-vote cards 18 19. Amendment of section 40 20 20. New section 40A inserted 21 40A. Amendment of section 180 21 PART 5—LOCAL GOVERNMENT ACT 1989 22 21. Amendment of Schedule 3 22 ═══════════════ ENDNOTES 23 -- 2 of 25 -- 1 Electoral Legislation (Further Amendment) Act 2005 † [Assented to 27 July 2005] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to amend the Electoral Act 2002, the Constitution Act 1975, the Constitution (Parliamentary Reform) Act 2003 and the Local Government Act 1989 to improve the operation of the electoral system in Victoria. Victoria No. 38 of 2005 -- 3 of 25 -- Part 1—Preliminary Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 4 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 3 PART 2—ELECTORAL ACT 2002 3. Amendment of section 24—General postal voters After section 24(1)(c) of the Electoral Act 2002 insert— "(ca) an elector who has attained 70 years of age; or". 4. Amendment of section 44—Reference to registered officer to include reference to deputy registered officer In section 44(2) of the Electoral Act 2002 for "Part" substitute "Act". 5. New sections 58A to 58D inserted—Re-registration of registered political party After section 58 of the Electoral Act 2002 insert— '58A. Registered political party must apply for re-registration (1) A registered political party must apply for re-registration— (a) not later than 30 June 2006; and (b) during each subsequent relevant period. (2) If a registered political party fails to comply with sub-section (1)(b), the political party cannot apply for re-registration within the period of 6 months after the end of the relevant period specified under that sub- section. (3) In this section, "relevant period" means the period of 2 months beginning 27 months before the next scheduled general election and ending 25 months before the next scheduled general election. See: Act No. 23/2002. Reprint No. 1 as at 8 April 2003 and amending Act Nos 2/2003, 91/2003, 114/2003, 10/2004, 85/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 5 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 4 58B. Application for re-registration An application for the re-registration of a registered political party must— (a) be in writing, signed by the secretary of the registered political party; and (b) set out the name of the registered political party; and (c) set out the name and address of the person who is to be the registered officer of the registered political party for the purposes of this Act; and (d) be accompanied by a copy of the constitution (however described) of the registered political party; and (e) be accompanied by a statutory declaration made by the secretary stating that at least 500 members of the registered political party are— (i) electors; and (ii) members in accordance with the rules of the registered political party; and (iii) not members of another registered political party or of a political party applying for registration; and (f) be accompanied by a list, in a form determined by the Commission, of the names and addresses of at least 500 members of the registered political party who meet the requirements set out in paragraph (e); and (g) be accompanied by a fee of 50 fee units. s. 5 -- 6 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 5 58C. Political party not to be re-registered during election During the period that starts on the day of the issue of the writ for an election and ends on the day on which the writ is returned— (a) the Commission must not— (i) consider an application made under section 58B; or (ii) re-register a registered political party; and (b) the Tribunal must not— (i) review a decision made on an application under section 58B; or (ii) make an order in relation to an application under section 58B. 58D. Re-registration (1) If the Commission determines that a registered political party that has applied for re-registration may be re-registered, the Commission must— (a) re-register the registered political party by entering in the Register of Political Parties the date on which the re-registration was approved; (b) give written notice to the registered political party that the Commission has re-registered the political party; and (c) publish notice of the re-registration of the registered political party in the Government Gazette. s. 5 -- 7 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 6 (2) If the Commission determines that a registered political party that has applied for re-registration should not be re-registered, the Commission must give the political party written notice that its application has been refused, setting out the reasons for the refusal. (3) If the Commission determines that a registered political party that has applied for re-registration should not be re-registered, the Commission must after the specified day cancel the particulars in the Register of Political Parties that relate to that political party. (4) In sub-section (3), "specified day" means— (a) if no application for review of the decision of the Commission to not re-register the registered political party is made, the day which is the last day of the period applicable under section 60(3); or (b) if an application for review of the decision of the Commission not to re-register the registered political party is made and the Tribunal affirms the decision of the Commission, the day on which the Commission makes the order affirming the decision. (5) If an application for review of the decision of the Commission not to re-register the registered political party is made and the Tribunal sets aside the decision of the Commission, the Commission must— s. 5 -- 8 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 7 (a) re-register the registered political party by entering in the Register of Political Parties the date on which the re-registration is to take effect; (b) give written notice to the registered political party that the Commission has re-registered the political party; and (c) publish notice of the re-registration of the registered political party in the Government Gazette.'. 6. Amendment of section 60—Review of certain decisions In section 60(1) of the Electoral Act 2002, in the definition of "reviewable decision"— (a) in paragraph (e) for "section 56(7)." substitute "section 56(7); or"; (b) after paragraph (e) insert— "(f) to refuse an application under section 58B.". 7. Division 5 of Part 5 substituted—How-to-vote cards For Division 5 of Part 5 of the Electoral Act 2002 substitute— "Division 5—How-to-vote Cards 77. Submission of how-to-vote cards to the election manager (1) A person may submit a how-to-vote card to the election manager for registration by the Commission at any time within the period that— (a) starts on the first working day after the final nomination day; and s. 6 -- 9 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 8 (b) ends at noon on the 6th working day before election day. (2) A person submitting a how-to-vote card to the election manager for registration by the Commission must make a declaration in the prescribed form. (3) The election manager may provide such assistance to an applicant as the election manager considers appropriate before the submission of the how-to-vote card to the Commission for registration. (4) The election manager must immediately forward the how-to-vote card and the declaration to the Commission. 78. Submission of how-to-vote cards to the Commission (1) The registered officer of a registered political party or a person appointed by the registered officer may submit a how-to-vote card to the Commission for registration at any time within the period that— (a) starts on the first working day after the final nomination day; and (b) ends at noon on the 6th working day before election day. (2) A person submitting a how-to-vote card to the Commission for registration must make a declaration in the prescribed form. (3) A how-to-vote card submitted under this section must be either— (a) a single how-to-vote card, that is, a how-to-vote card submitted with respect to one electoral district or province only; or s. 7 -- 10 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 9 (b) a multiple electorate how-to-vote card, that is, a how-to-vote card submitted with respect to no less than every district or province for which the registered political party submitting the how-to-vote card has endorsed a candidate. (4) The Commission may provide such assistance to an applicant as the Commission considers appropriate before the submission of the how-to-vote card to the Commission for registration. 79. Registration process (1) Before noon on the next day after receiving a how-to-vote card from the applicant or an election manager, the Commission must— (a) register the how-to-vote card; or (b) refuse to register the how-to-vote card— and inform the applicant of the Commission's decision. (2) In determining whether to register a how-to- vote card, the Commission must have regard to the following matters— (a) that the how-to-vote card clearly identifies the person, political party, organisation or group on whose behalf the card is to be distributed; (b) that the size of any logo, emblem or insignia belonging to the person, political party, organisation or group on whose behalf the card is to be distributed appearing on the how-to- vote card is not less than the relevant prescribed size; s. 7 -- 11 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 10 (c) that the how-to-vote card indicates the order of voting preference for all candidates listed on the card or contains a statement that a number must be placed against the name of each candidate; (d) that the how-to-vote card contains the material required by section 83; (e) that the how-to-vote card contains the prescribed endorsement. (3) The Commission must refuse to register a how-to-vote card if the Commission is satisfied that the card— (a) is likely to mislead or deceive an elector in casting the vote of the elector; or (b) is likely to induce an elector to mark the vote of the elector otherwise than in accordance with the directions on the ballot-paper; or (c) contains offensive or obscene material. 80. Alterations to registered how-to-vote card to correct error (1) This section applies if an alteration is required to a registered how-to-vote card to correct an error in the registered how-to-vote card. (2) If this section applies, the person who applied for the registration of the how-to- vote card may not later than noon on the 5th working day before the election day submit an amended version of the registered how-to-vote card to the Commission for registration. s. 7 -- 12 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 11 (3) Before noon on the next day after receiving an application under sub-section (2), the Commission must— (a) register the amended version of the registered how-to-vote card; or (b) refuse to register the amended version of the registered how-to-vote card— and inform the applicant of the Commission's decision. (4) In determining whether to register an amended version of a registered how-to-vote card, the Commission must have regard to the following matters— (a) that the how-to-vote card clearly identifies the person, political party, organisation or group on whose behalf the card is to be distributed; (b) that the size of any logo, emblem or insignia belonging to the person, political party, organisation or group on whose behalf the card is to be distributed appearing on the how-to- vote card is not less than the relevant prescribed size; (c) that the how-to-vote card indicates the order of voting preference for all candidates listed on the card or contains a statement that a number must be placed against the name of each candidate; (d) that the how-to-vote card contains the material required by section 83; (e) that the how-to-vote card contains the prescribed endorsement. s. 7 -- 13 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 12 (5) The Commission must refuse to register an amended version of a registered how-to-vote card if the Commission is satisfied that the card— (a) is likely to mislead or deceive an elector in casting the vote of the elector; or (b) is likely to induce an elector to mark the vote of the elector otherwise than in accordance with the directions on the ballot-paper; or (c) contains offensive or obscene material. (6) An amended version of a registered how-to- vote card cannot be handed out, distributed or otherwise made available unless it has been registered under this section. 81. Supply of how-to-vote cards If a how-to-vote card is registered under section 79 or 80, the applicant must immediately provide the Commission with 2 copies of the registered how-to-vote card. 82. How-to-vote cards available for inspection As soon as practicable after registering a how-to-vote card under section 79 or 80, the Commission must make available a copy of that card for inspection at the office of the Commission. 82A. Review of the Commission's decision (1) Any person may apply to the Tribunal for review of the Commission's decision under section 79 or 80 no later than noon on the next working day after the Commission has advised the applicant of that decision. s. 7 -- 14 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 13 (2) The Tribunal must, not later than 5 p.m. on the next working day after receiving an application under sub-section (1)— (a) determine the application; or (b) give the applicant and the Commission directions as to the changes required to obtain registration by the Commission.". 8. New section 97A inserted—Temporary suspension of voting at an election day voting centre After section 97 of the Electoral Act 2002 insert— "97A. Temporary suspension of voting at an election day voting centre (1) Without limiting the generality of section 97, the election manager of an election day voting centre may temporarily suspend voting for a period not exceeding 4 hours at the election day voting centre if the election manager considers that it is necessary to do so because of— (a) a riot or open violence; or (b) a serious threat of a riot or open violence occurring; or (c) a storm, tempest, flood or other similar event; or (d) a health hazard; or (e) a fire or the activation of a fire alarm or fire safety equipment; or s. 8 -- 15 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 14 (f) any other reason which the election manager considers— (i) may affect the safety of electors; or (ii) may interrupt or obstruct the proper conduct of voting. (2) The election manager must ensure that any person who attends the election day voting centre during the period that voting is temporarily suspended is provided with information to assist the person to vote including— (a) the time at which the election day voting centre is expected to re-open; (b) the location of other election day voting centres. (3) If for any reason the election day voting centre can not be re-opened for voting on election day, the Commission must adjourn the holding of the election at the election day voting centre in accordance with section 97.". 9. Section 98 substituted—Electors who may apply to vote early or by post For section 98 of the Electoral Act 2002 substitute— "98. Electors who may apply to vote early or by post For the purposes of this Division, a person may make an application under section 99 or 101 if the person— (a) will be unable to attend an election day voting centre during the hours of voting on election day; and s. 9 -- 16 of 25 -- Part 2—Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 15 (b) makes a declaration in the application that the person will be unable to attend an election day voting centre during the hours of voting on election day.". 10. Amendment of section 99—Application to vote early In section 99(1)(a) of the Electoral Act 2002 for "2 p.m." substitute "4 p.m.". 11. Amendment of section 180—Refunds of deposits After section 180(2) of the Electoral Act 2002 insert— "(3) Subject to sub-section (2), the deposit paid under section 69 must be refunded to— (a) the person who paid the deposit; or (b) the person authorised in writing by the person who paid the deposit.". 12. Amendment of section 181—Appropriation of money (1) In section 181(1) of the Electoral Act 2002 for "All" substitute "Subject to sub-section (1A), all". (2) After section 181(1) of the Electoral Act 2002 insert— "(1A) A deposit paid under section 69 must only be paid into the Consolidated Fund if the deposit has not been refunded in accordance with section 180.". 13. Repeal of spent provisions Sections 187 to 205 of the Electoral Act 2002 are repealed. __________________ s. 10 -- 17 of 25 -- Part 3—Constitution Act 1975 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 16 PART 3—CONSTITUTION ACT 1975 14. Amendment of section 49—Public officers not to sit in Parliament except as mentioned In section 49 of the Constitution Act 1975 for "Crown, or who is in any manner employed in the public service of Victoria" substitute "Crown (whether in right of Victoria or any other capacity), or is in any manner employed in the public service of Victoria or of the Commonwealth". 15. Amendment of section 61—Holders of offices not to be disqualified from election to Council or Assembly In section 61 of the Constitution Act 1975 for "Crown or in any manner employed in the public service of Victoria" substitute "Crown (whether in right of Victoria or any other capacity) or in any manner employed in the public service of Victoria or of the Commonwealth". __________________ See: Act No. 8750. Reprint No. 16 as at 8 April 2003 and amending Act Nos 2/2003, 37/2003, 39/2003, 66/2003, 110/2003, 38/2004, 39/2004, 73/2004, 108/2004 and 3/2005. LawToday: www.dms. dpc.vic. gov.au s. 14 -- 18 of 25 -- Part 4—Constitution (Parliamentary Reform) Act 2003 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 17 PART 4—CONSTITUTION (PARLIAMENTARY REFORM) ACT 2003 16. New section 25A inserted After section 25 of the Constitution (Parliamentary Reform) Act 2003 insert— '25A. Amendment of section 58 In section 58 of the Electoral Act 2002 for "simultaneous election" substitute "general election".'. 17. Amendment of section 27 After section 27(2) of the Constitution (Parliamentary Reform) Act 2003 insert— '(2A) For section 69(3)(b) of the Electoral Act 2002 substitute— "(b) in the case of a candidate for an Assembly election, is signed by the candidate and by 6 persons entitled to vote at the election for which the candidate is nominated; and (ba) in the case of a candidate for a Council election, is signed by the candidate and by 50 persons entitled to vote at the election for which the candidate is nominated; and".'. See: Act No. 2/2003 and amending Act No. 85/2004. Statute Book www.dms. dpc.vic. gov.au s. 16 -- 19 of 25 -- Part 4—Constitution (Parliamentary Reform) Act 2003 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 18 18. Section 34 substituted For section 34 of the Constitution (Parliamentary Reform) Act 2003 substitute— '34. How-to-vote cards (1) In sections 78(3)(a) and 78(3)(b) of the Electoral Act 2002 for "province" substitute "region". (2) In section 79(2) of the Electoral Act 2002— (a) in paragraph (c), before "that the how- to-vote card" insert "in the case of a how-to-vote card to be used for an Assembly election,"; (b) after paragraph (c) insert— "(ca) in the case of a how-to-vote card to be used for a Council election, that the how-to-vote card— (i) indicates a voting preference for one group in relation to which a square is printed on the ballot-paper under section 69B; or (ii) indicates the order of voting preference for all candidates whose names are printed opposite squares on the ballot-paper; or (iii) contains a statement to the effect that— (A) the number 1 must be placed in the square in relation to the group for which the elector votes as first preference; or s. 18 -- 20 of 25 -- Part 4—Constitution (Parliamentary Reform) Act 2003 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 19 (B) the number 1 must be placed opposite the name of the candidate for whom the elector votes as first preference and at least the numbers 2, 3, 4 and 5 opposite the names of the remaining candidates so as to indicate by unbroken numerical sequence the order of preference of contingent votes;". (3) In section 80(4) of the Electoral Act 2002— (a) in paragraph (c), before "that the how- to-vote card" insert "in the case of a how-to-vote card to be used for an Assembly election,"; (b) after paragraph (c) insert— "(ca) in the case of a how-to-vote card to be used for a Council election, that the how-to-vote card— (i) indicates a voting preference for one group in relation to which a square is printed on the ballot-paper under section 69B; or (ii) indicates the order of voting preference for all candidates whose names are printed opposite squares on the ballot-paper; or s. 18 -- 21 of 25 -- Part 4—Constitution (Parliamentary Reform) Act 2003 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 20 (iii) contains a statement to the effect that— (A) the number 1 must be placed in the square in relation to the group for which the elector votes as first preference; or (B) the number 1 must be placed opposite the name of the candidate for whom the elector votes as first preference and at least the numbers 2, 3, 4 and 5 opposite the names of the remaining candidates so as to indicate by unbroken numerical sequence the order of preference of contingent votes;".'. 19. Amendment of section 40 (1) In section 40 of the Constitution (Parliamentary Reform) Act 2003, in the proposed section 114A(18) of the Electoral Act 2002 omit "and if those candidates have an equal number of votes the result is to be determined by lot". (2) In section 40 of the Constitution (Parliamentary Reform) Act 2003, for the proposed section 114A(25) of the Electoral Act 2002 substitute— "(25) If on the final count or transfer 2 candidates have an equal number of votes, the result is to be determined by lot by the election manager.". s. 19 -- 22 of 25 -- Part 4—Constitution (Parliamentary Reform) Act 2003 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 21 20. New section 40A inserted After section 40 of the Constitution (Parliamentary Reform) Act 2003 insert— '40A. Amendment of section 180 In section 180(1) of the Electoral Act 2002— (a) in paragraph (e) for "election." substitute "election; or"; (b) after paragraph (e) insert— "(f) was not declared elected but was a member of a group of candidates at a Council election and the combined first preference votes received by all the candidates in the group was at least 4% of the total number of first preference votes in the election.".'. __________________ s. 20 -- 23 of 25 -- Part 5—Local Government Act 1989 Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 22 PART 5—LOCAL GOVERNMENT ACT 1989 21. Amendment of Schedule 3 (1) In Schedule 3 of the Local Government Act 1989, for clause 10(g) substitute— "(g) if on the final count 2 candidates have an equal number of votes, the result is to be determined by lot by the returning officer.". (2) In Schedule 3 of the Local Government Act 1989, in clause 11B(18) omit "and if those candidates have an equal number of votes the result is to be determined by lot". (3) In Schedule 3 of the Local Government Act 1989, for clause 11B(25) substitute— "(25) If on the final count or transfer 2 candidates have an equal number of votes, the result is to be determined by lot by the returning officer.". ═══════════════ See: Act No. 11/1989. Reprint No. 7 as at 31 July 2004 and amending Act Nos 92/1990, 109/2003, 47/2004, 81/2004, 82/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au s. 21 -- 24 of 25 -- Electoral Legislation (Further Amendment) Act 2005 Act No. 38/2005 23 ENDNOTES † Minister's second reading speech— Legislative Assembly: 21 April 2005 Legislative Council: 18 May 2005 The long title for the Bill for this Act was "to amend the Electoral Act 2002, the Constitution Act 1975, the Constitution (Parliamentary Reform) Act 2003 and the Local Government Act 1989 and for other purposes." Endnotes -- 25 of 25 --