Electoral (Amendment) Act 2003

Victorian Legislation and Parliamentary Documents i Electoral (Amendment) Act 2003 Act No. 91/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Delegations 2 4. Electoral rolls 2 5. Determination of objection 2 6. Liquor not to be supplied on election day on premises used as voting centre 3 7. Provision for persons unable to write 3 8. Absent voting 3 9. Distribution of printed electoral material 4 10. Definition of "relevant licence" 4 11. Related companies 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Victorian Legislation and Parliamentary Documents 1 Electoral (Amendment) Act 2003† [Assented to 25 November 2003] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to make various amendments to the Electoral Act 2002. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. Victoria No. 91 of 2003 -- 2 of 6 -- Victorian Legislation and Parliamentary Documents Act No. 91/2003 Electoral (Amendment) Act 2003 2 3. Delegations In section 19(2)(c) of the Electoral Act 2002, after "recount" insert "if the number of ballot- papers reserved under section 120(4) for the decision of the Commission may determine whether a particular candidate is declared elected". 4. Electoral rolls In section 29(3) of the Electoral Act 2002— (a) in paragraph (a), for "who have been added to the register of electors" substitute "whose claims for enrolment have been received by the Commission"; (b) in paragraph (b), for "changed on the register of electors" substitute "received by the Commission". 5. Determination of objection For section 41(1)(a) of the Electoral Act 2002 substitute— "(a) as soon as practicable after— (i) receiving the answer of the person objected to; and (ii) making any further enquiries that appear necessary to the Commission in relation to matters contained in the answer; or". s. 3 See: Act No. 23/2003. Reprint No. 1 as at 8 April 2003. LawToday: www.dms. dpc.vic. gov.au -- 3 of 6 -- Victorian Legislation and Parliamentary Documents Act No. 91/2003 Electoral (Amendment) Act 2003 3 6. Liquor not to be supplied on election day on premises used as voting centre After section 66(3) of the Electoral Act 2002 insert— "(4) Despite the issue of a limited licence under section 14 of the Liquor Control Reform Act 1998, if a voting centre is appointed in any premises which is part of an area in respect of which the supply of liquor is authorised by the limited licence, liquor may not be supplied under the limited licence in that area during the hours of voting on election day.". 7. Provision for persons unable to write For section 95(1) of the Electoral Act 2002 substitute— "(1) Subject to sub-section (2), a person who is required under this Part to sign the person's name and who is unable to write may— (a) make the person's distinguishing mark and have it witnessed by another person; or (b) request another person to note on the declaration or application to vote by post that the person who is required to sign his or her name is unable to do so by reason of physical incapacity.". 8. Absent voting After section 109(1) of the Electoral Act 2002 insert— "(1A) In relation to voting at an election by an absent voter, sections 90 to 96 apply, as far as relevant, if it is possible to record a mark against the absent voter's name on the electoral roll. s. 6 -- 4 of 6 -- Victorian Legislation and Parliamentary Documents Act No. 91/2003 Electoral (Amendment) Act 2003 4 (1B) If it is not possible to record a mark against the absent voter's name on the electoral roll, sub-sections (2) to (8) apply.". 9. Distribution of printed electoral material In section 156(1) of the Electoral Act 2002, after "hours of voting" insert "on election day". 10. Definition of "relevant licence" (1) In section 206(1) of the Electoral Act 2002, in the definition of "relevant licence"— (a) in paragraph (b), after "1991;" insert "or"; (b) after paragraph (b) insert— "(c) section 12 or 20 of the Gaming and Betting Act 1994;". (2) After section 206(4) of the Electoral Act 2002 insert— "(5) This section, as amended by section 10 of the Electoral (Amendment) Act 2003, applies in relation to any political donation made after the commencement of section 10 of that Act.". 11. Related companies For section 216(3) of the Electoral Act 2002 substitute— "(3) For the purposes of this section, a company is a related company if it is a related body corporate within the meaning of section 50 of the Corporations Act. (4) This section, as amended by section 11 of the Electoral (Amendment) Act 2003, applies in relation to any political donation whether made before, on or after the commencement of section 11 of that Act.". ═══════════════ s. 9 -- 5 of 6 -- Victorian Legislation and Parliamentary Documents Act No. 91/2003 Electoral (Amendment) Act 2003 5 ENDNOTES † Minister's second reading speech— Legislative Assembly: 9 October 2003 Legislative Council: 6 November 2003 The long title for the Bill for this Act was "to amend the Electoral Act 2002 and for other purposes." Endnotes -- 6 of 6 --