City of Melbourne Act 2001

i City of Melbourne Act 2001 Act No. 5/2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY MATTERS 1 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. Construction of Act 2 5. Application of certain provisions of the Local Government Act 1989 3 PART 2—THE COUNCIL 4 6. Constitution of the Council 4 7. Additional objectives 4 8. Meetings between the State and the Council 5 PART 3—ELECTIONS 6 Division 1—Voters and Voters' Rolls 6 9. Corporations to have 2 votes at Council elections 6 10. Procedure if no corporate representatives appointed 8 11. Notice to people on voters' list 9 Division 2—Elections 9 12. Council must hold election every 3 years 9 13. Date of election 9 14. Elections to be held simultaneously 10 15. Joint nominations for Lord Mayor and Deputy Lord Mayor 10 16. Candidates may only stand for one position 11 17. Senate-style ballot-paper to be used for Councillor elections 12 18. How votes to be counted 12 19. Compulsory voting 13 PART 4—COUNCIL ADMINISTRATION 15 20. Precedence of Lord Mayor 15 21. Reference to mayor includes Lord Mayor 15 22. Deputy Lord Mayor 15 -- 1 of 39 -- Section Page ii 23. Term of office of Lord Mayor and Deputy Lord Mayor 15 24. Filling of vacancies 16 25. Appointment of acting Deputy Lord Mayor 17 26. Allowances 18 27. General provisions concerning allowances 18 PART 5—OTHER MATTERS 19 28. Differential rates 19 PART 6—REGULATIONS 20 29. Regulations 20 PART 7—AMENDMENTS TO OTHER ACTS, REPEALS AND SAVINGS PROVISIONS 21 30. Consequential amendments 21 31. Repeal of City of Melbourne Act 1993 21 32. Orders to continue 22 __________________ SCHEDULES 23 SCHEDULE 1—Provisions with respect to holding an election of councillors 23 SCHEDULE 2—Form of ballot paper 34 ═══════════════ ENDNOTES 35 INDEX 36 -- 2 of 39 -- 1 City of Melbourne Act 2001† [Assented to 8 May 2001] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY MATTERS 1. Purpose The purpose of this Act is— (a) to alter the electoral structure of the City of Melbourne; and (b) to provide for the direct election of the Lord Mayor of Melbourne and the Deputy Lord Mayor of Melbourne; and Victoria No. 5 of 2001 -- 3 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 2 (c) to facilitate an early election of the members of the Melbourne City Council; and (d) to provide for greater co-ordination between the State Government and the Council in relation to matters of significance to the State of Victoria; and (e) to transfer provisions that only affect the City of Melbourne to this Act. 2. Commencement (1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 January 2002, it comes into operation on that day. 3. Definitions In this Act— "City of Melbourne" means the municipal district of the Council; "Council" means the Melbourne City Council; "Deputy Lord Mayor" means the Deputy Lord Mayor of the City of Melbourne; "general election" means an election for all of the members of the Council; "Lord Mayor" means the Lord Mayor of the City of Melbourne. 4. Construction of Act s. 2 -- 4 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 3 (1) This Act is to be read as if it formed part of the Local Government Act 1989. (2) If there is an inconsistency between this Act and the Local Government Act 1989, this Act prevails to the extent of the inconsistency. 5. Application of certain provisions of the Local Government Act 1989 (1) The following provisions of the Local Government Act 1989 do not apply to the Council or the City of Melbourne: sections 10, 40(1), 71, 72, 73, 74, 74B and 220Q(i), (j), (k), (l), (m), (n), (na) and (nb). (2) Schedules 2, 3 and 3A of the Local Government Act 1989 only apply to the Council and the City of Melbourne as specified in this Act. _______________ -- 5 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 4 PART 2—THE COUNCIL 6. Constitution of the Council (1) The Council consists of— (a) a Lord Mayor; and (b) a Deputy Lord Mayor; and (c) 7 Councillors. (2) The City of Melbourne consists of one unsubdivided ward. (3) The Lord Mayor and Deputy Lord Mayor are Councillors of the Council. 7. Additional objectives In seeking to achieve its purposes under the Local Government Act 1989, the Council has the following objectives in addition to the objectives specified in section 7 of that Act— (a) to ensure a proper balance within its community between economic, social, environmental and cultural considerations within the context of the City of Melbourne's unique capital city responsibilities; (b) to develop and implement strategic directions and policies for the City of Melbourne in collaboration with the Government of the State to ensure alignment with that Government's strategic directions and policies for the City of Melbourne as the capital city of the State of Victoria; (c) to co-ordinate with the State and Commonwealth Governments in the planning and delivery of services in the City of Melbourne in which those governments have an interest; s. 6 -- 6 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 5 (d) to work in conjunction with the Government of the State on projects which that Government or the Council determines are significant to Melbourne. 8. Meetings between the State and the Council (1) The Premier, or his or her nominee, may convene meetings with the Council to consider any matter that, in the opinion of the Premier (or the nominee), is of significance to the Government of the State and is relevant to achieving the objectives of the City of Melbourne as the capital city of the State of Victoria. (2) Without limiting sub-section (1), matters of significance may include major building or infrastructure projects, and social and environmental policies that contribute to the development of the City of Melbourne as a liveable and competitive city. (3) The Lord Mayor and the Deputy Lord Mayor are to represent the Council at any meeting convened under this section. _______________ s. 8 -- 7 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 6 PART 3—ELECTIONS Division 1—Voters and Voters' Rolls 9. Corporations to have 2 votes at Council elections The Local Government Act 1989 applies as if— (a) for sections 13(1) and (2) there were substituted— "(1) If on the entitlement date— (a) a corporation is the owner or occupier of any rateable land in the City of Melbourne; or (b) the joint owners or joint occupiers of any rateable land in the City of Melbourne consist of corporations or a combination of people and corporations (of at least 1 person and 1 corporation)— the corporation or the joint owners or joint occupiers may appoint 2 people to represent it or them at Council elections to vote on its or their behalf. (2) A corporation may only exercise the right of entitlement conferred by sub- section (1) once, regardless of how many parcels of rateable land it owns or occupies or jointly owns or occupies in the City of Melbourne."; (b) after section 13(2) there were inserted— "(2A) In Council elections, each of the representatives of a corporation is entitled to vote once at any election for the Lord Mayor or Deputy Lord Mayor s. 9 -- 8 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 7 and once at any election for the other Councillors."; (c) sections 13(3)—(6) were repealed; (d) the references to section 13(3) in sections 14, 16, 17, 20(1) and 22(2) were omitted; (e) for sections 17(1)(c) and (d) there were substituted— "(c) is for any other reason already enrolled, or entitled to be enrolled, on the voters' roll in respect of the City of Melbourne."; (f) for section 18(1) there were substituted— "(1) On receiving notice of an appointment, the Chief Executive Officer must enrol the person appointed unless he or she believes the person is not entitled to be enrolled. (1A) If the Chief Executive Officer receives a notice of appointment in respect of any rateable land in respect of which 2 people have already been enrolled— (a) if the notice only appoints one person and does not revoke the appointment of either of the 2 people enrolled, the Chief Executive Officer must refuse to enrol the person; (b) if the notice appoints 2 people, the Chief Executive Officer must enrol those 2 people and must remove the names of the 2 people previously enrolled from the voters' list, regardless of whether or not the notice revokes the earlier appointment.". s. 9 -- 9 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 8 10. Procedure if no corporate representatives appointed (1) This section applies if a corporation is the sole owner or occupier of any rateable land in the City of Melbourne and the Chief Executive Officer has not received by 4 p.m. on the entitlement date notice under section 13(1) of the Local Government Act 1989 that the corporation has appointed 2 representatives who are entitled to be enrolled. (2) If the corporation has validly appointed one representative, it is deemed to have appointed as its other representative the first of the following people who is eligible to be enrolled as a representative and who is not already a representative— (a) a company secretary of the corporation (to be taken in alphabetical order); (b) a director of the corporation (to be taken in alphabetical order). (3) If the corporation has not validly appointed any representatives, it is deemed to have appointed as its representatives the first 2 of the people listed in sub-section (2) who are eligible to be enrolled as a representative. (4) In determining the eligibility of a person to be a representative, the Chief Executive Officer must assume that any information supplied to him or her by the Australian Securities and Investments Commission on or after the entitlement date concerning the name, address and age of a company secretary or director is current and accurate. (5) If a person is deemed to be a representative of a corporation, the Chief Executive Officer must— s. 10 -- 10 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 9 (a) enrol the person on the voters' list as soon as possible after the entitlement date; and (b) advise the corporation of that fact in writing. 11. Notice to people on voters' list (1) The Chief Executive Officer of the Council must give to each person who is on the voters' list prepared by him or her a notice stating— (a) that the person is on the list; and (b) that the person has a right to object, and the grounds on which an objection may be made; and (c) any other details required by regulations made under the Local Government Act 1989. (2) The Chief Executive Officer must ensure that the notice is posted or delivered to each person at the address shown on the voters' list and that it is posted or delivered at least 3 days before the date specified under section 22(2) of the Local Government Act 1989. Division 2—Elections 12. Council must hold election every 3 years The Council must hold triennial elections. 13. Date of election (1) Despite anything to the contrary in the Local Government Act 1989, the Governor in Council may, by Order in Council, fix a day that is before 16 March 2002 for the holding of a general election for the City of Melbourne. (2) A general election must be held on the day fixed under sub-section (1). s. 11 -- 11 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 10 (3) All voting at the general election held on the day fixed under sub-section (1) is to be by means of postal voting. (4) A general election for the City of Melbourne must be held on the third Saturday in March in every third year after 2002. 14. Elections to be held simultaneously (1) The election of the Lord Mayor and the Deputy Lord Mayor is to be conducted at the same time as the election of the other Councillors. (2) Sub-section (1) does not apply to by-elections. 15. Joint nominations for Lord Mayor and Deputy Lord Mayor (1) A candidate for the office of Lord Mayor or Deputy Lord Mayor at a general election must nominate for the office jointly with another person. (2) The notice of candidature must specify which of the 2 candidates nominating is seeking election as Lord Mayor and which of the candidates is seeking election as Deputy Lord Mayor. (3) A person may only nominate once for election either to the office of Lord Mayor, or to the office of Deputy Lord Mayor, at an election. (4) The returning officer must reject any notice of candidature that does not comply with this section. (5) If a person nominates for election— (a) to both the office of Lord Mayor and the office of Deputy Lord Mayor; or (b) to the office of Lord Mayor more than once; or s. 14 -- 12 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 11 (c) to the office of Deputy Lord Mayor more than once— the returning officer must reject any notice of candidature in relation to the person other than the first valid notice of candidature received by the returning officer. 16. Candidates may only stand for one position (1) A person who is a candidate for election as the Lord Mayor or the Deputy Lord Mayor is not eligible to be a candidate for election as a Councillor if the elections are to be conducted at the same time. (2) If a person has nominated as a candidate for election as Lord Mayor or Deputy Lord Mayor and also for election as a Councillor at an election that is to be conducted at the same time as the other election, the returning officer must reject any notice of candidature in relation to the person other than the first valid notice of candidature received by the returning officer. (3) This section does not prevent a Councillor nominating as a candidate for election as the Lord Mayor or the Deputy Lord Mayor at a by-election for either of those offices, nor does it require that a Councillor resign from office if he or she is a candidate for either of those offices at a by- election. (4) If a Councillor is elected as the Lord Mayor or Deputy Lord Mayor at a by-election, the Councillor goes out of office as a Councillor referred to in section 6(1)(c) on the declaration of the result of the by-election. s. 16 -- 13 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 12 17. Senate-style ballot-paper to be used for Councillor elections Schedule 1 applies to a general election of the Councillors referred to in section 6(1)(c). 18. How votes to be counted (1) Part 3 of Schedule 3 of the Local Government Act 1989 applies to the election of the Lord Mayor and the Deputy Lord Mayor— (a) as if each pair of candidates standing jointly for the positions was a single candidate; and (b) as if there was no reference to "only 1 Councillor". (2) Schedule 2 and Parts 1, 2 and 5 of Schedule 3 of the Local Government Act 1989 also apply to the election of the Lord Mayor and the Deputy Lord Mayor. (3) Part 4A of Schedule 3 of the Local Government Act 1989 applies to the election of the Councillors referred to in section 6(1)(c). (4) On the determination of the successful pair of candidates under sub-section (1), the returning officer must declare elected— (a) as Lord Mayor the member of the pair who nominated for the office of Lord Mayor; and (b) as Deputy Lord Mayor the member of the pair who nominated for the office of Deputy Lord Mayor. (5) If the application of section 37A does not result in the filling of all the vacancies in the offices of Councillors referred to in section 6(1)(c)— (a) in the case of a single vacancy to be filled, Schedule 2 and Parts 1, 2, 3 and 5 of Schedule 3 of the Local Government Act s. 17 -- 14 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 13 1989 apply to the by-election to fill the vacancy; (b) if there is more than 1 vacancy to be filled, Schedule 1 applies to the by-election to fill the vacancies. 19. Compulsory voting (1) Except as is provided in the regulations under the Local Government Act 1989, it is compulsory for a person who is enrolled on the voters' roll in respect of the City of Melbourne to vote— (a) at any election for the Lord Mayor or the Deputy Lord Mayor; and (b) at any election for a Councillor or Councillors. (2) A person must vote as required by sub-section (1). Penalty: 1 penalty unit. (3) If an election in respect of the Lord Mayor or the Deputy Lord Mayor and in respect of a Councillor or Councillors is held on the same day, a person who fails to vote in both elections is only guilty of one offence under sub-section (2). (4) If one or both of the representatives appointed by a corporation fail to vote at an election— (a) the corporation is guilty of an offence against sub-section (2); (b) the representative is, or the representatives are, not guilty of an offence against sub- section (2). (5) A corporation is not guilty of an offence under sub-section (2) in respect of the failure to vote of a deemed representative if it did not receive a notice under section 10(5) in respect of the enrolment of the representative before the date of the election. s. 19 -- 15 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 14 (6) Sections 40(2) to (13) of the Local Government Act 1989 apply as if— (a) an offence under sub-section (2) was an offence under section 40(1A) of that Act; and (b) a reference to a person in section 40(3) of that Act included a reference to a corporation. _______________ s. 19 -- 16 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 15 PART 4—COUNCIL ADMINISTRATION 20. Precedence of Lord Mayor (1) The Lord Mayor takes precedence at all municipal proceedings within the City of Melbourne. (2) The Lord Mayor must chair all meetings of the Council at which he or she is present. (3) If the Lord Mayor is absent from a meeting of the Council, the Deputy Lord Mayor must chair the meeting if he or she is present. (4) If both the Lord Mayor and the Deputy Lord Mayor are absent from a meeting of the Council, the Councillors who are present at the meeting must appoint one of their number to chair the meeting. 21. Reference to mayor includes Lord Mayor For the purposes of this Act, a reference to a mayor in the Local Government Act 1989 is to be read as including a reference to the Lord Mayor. 22. Deputy Lord Mayor (1) The Deputy Lord Mayor must act as the Lord Mayor during any period in which— (a) the office of the Lord Mayor is vacant; or (b) the Lord Mayor is absent from the City of Melbourne or is otherwise unable to carry out the duties of office. (2) In acting as Lord Mayor, the Deputy Lord Mayor may perform any function, or exercise any power, conferred on the Lord Mayor. 23. Term of office of Lord Mayor and Deputy Lord Mayor s. 20 s. 23 -- 17 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 16 (1) If an election for Lord Mayor is held at which the current holder of the office was not a candidate for the office, or was an unsuccessful candidate, the office of Lord Mayor becomes vacant at midday on the day after the public declaration by the returning officer of the result of the election. (2) If an election for Deputy Lord Mayor is held at which the current holder of the office was not a candidate for the office or was an unsuccessful candidate, the office of Deputy Lord Mayor becomes vacant at midday on the day after the public declaration by the returning officer of the result of the election. (3) The office of Lord Mayor or Deputy Lord Mayor also becomes vacant if the person holding the office— (a) dies or ceases to be eligible to be a Councillor; or (b) delivers a signed notice of resignation to a Council meeting or to the Chief Executive Officer; or (c) is ousted from office by the Supreme Court. 24. Filling of vacancies (1) If the office of Lord Mayor or Deputy Lord Mayor becomes vacant 6 months or more before a general election is due, an election to fill the vacancy must be held on a Saturday to be appointed by the Chief Executive Officer that is not later than the 90th day after the vacancy arises. (2) If the office of Lord Mayor or Deputy Lord Mayor becomes vacant less than 6 months before a -- 18 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 17 general election is due, it is not necessary to hold an election to fill the vacancy. (3) In the circumstances specified in sub-section (2)— (a) if the office of the Lord Mayor becomes vacant, the Deputy Lord Mayor becomes the Lord Mayor on the passing of a resolution by the Council that an election to fill the vacancy not be held; and (b) if the office of the Deputy Lord Mayor becomes vacant, the Council may appoint a Councillor to fill the vacancy; and (c) if the Council does so, the subsequent vacancy in the office of the Councillor appointed is to be filled in accordance with Schedule 3A and section 37A(4) of the Local Government Act 1989. 25. Appointment of acting Deputy Lord Mayor (1) This section applies if the office of the Deputy Lord Mayor becomes vacant and either— (a) an election is to be held to fill the vacancy; or (b) it is not necessary to hold an election to fill the vacancy and the Council has not appointed a Councillor to fill the vacancy. (2) The Council may appoint a Councillor to act in the office until a person is elected or appointed to the office, or for any shorter specified period. (3) In acting as Deputy Lord Mayor, the Councillor may perform any function, or exercise any power, conferred on the Deputy Lord Mayor. s. 25 -- 19 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 18 26. Allowances (1) The Council must pay to its Councillors the allowance specified in any Order in Council made for the purposes of this section from time to time. (2) The Order in Council may specify that the Lord Mayor and the Deputy Lord Mayor are to receive a higher allowance than that specified for other Councillors. (3) The Lord Mayor and the Deputy Lord Mayor are not entitled to receive an allowance as a Councillor if he or she is receiving an allowance as Lord Mayor or Deputy Lord Mayor. (4) In paying an allowance under this section, the Council must make the payment in the manner specified in the Order in Council that specified the amount of the allowance. (5) Only one amount may be specified for Councillors. 27. General provisions concerning allowances (1) The Council does not have to pay an allowance under section 26 to a Councillor who does not wish to receive it. (2) A person is only entitled to receive an allowance under section 26 while he or she holds the office for which it is payable. _______________ s. 26 -- 20 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 19 PART 5—OTHER MATTERS 28. Differential rates (1) Despite anything to the contrary in section 161(1)(a) of the Local Government Act 1989, the Council may raise any general rates by the application of a differential rate for the financial year ending 30 June 2000 and in any financial year specified by Order of the Governor in Council published in the Government Gazette, even if it does not use the capital improved value system of valuing land. (2) The Governor in Council, on the recommendation of the Minister, may make an Order necessary for the purposes of sub-section (1). _______________ s. 28 -- 21 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 20 PART 6—REGULATIONS 29. Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting sub-section (1), the regulations may— (a) make provision for the form of ballot-paper to be used in elections for the Lord Mayor and the Deputy Lord Mayor; and (b) modify the effect of any provision of Schedule 2 or 3 of the Local Government Act 1989, or of any regulations made under that Act, as it applies to any election conducted under this Act; (c) make any provision needed to ensure that an election can be conducted by postal voting. (3) Section 243 of the Local Government Act 1989 applies to regulations made under this section as if they had been made under that Act. _______________ s. 29 -- 22 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 21 PART 7—AMENDMENTS TO OTHER ACTS, REPEALS AND SAVINGS PROVISIONS 30. Consequential amendments (1) Sections 13A, 18A, 22A, 34, 35(4), 36(2)(b), 40A, 71(5), 72A, 74(5), 74A, 136A and 161(6) and (7) of the Local Government Act 1989 are repealed. (2) In the Local Government Act 1989— (a) in section 33, omit "the City of Melbourne and"; (b) in section 39(2), omit "the Melbourne City Council or"; (c) in section 39(3), omit "the City of Melbourne or"; (d) in section 220(1A), omit "the Melbourne City Council or"; (e) in section 220Q(nb), omit "(other than the Melbourne City Council)"; (f) in Schedule 3, in Part 4A, in clause 11A— (i) sub-clause (1) is repealed; (ii) in sub-clause (2), omit "also". 31. Repeal of City of Melbourne Act 1993 (1) The City of Melbourne Act 1993 is repealed. (2) All things and circumstances created by or under that Act that were in force or operating under that Act immediately before the repeal of that Act continue to have the same status, operation and effect as if that Act had not been repealed. (3) Without limiting sub-section (2), the repeal of that Act does not disturb the continuity of status, s. 30 -- 23 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 22 operation or effect of any Act, regulation, rule, local law, order, instrument, title, planning scheme, liability or right. 32. Orders to continue (1) Any Order in Council that was made under section 74A of the Local Government Act 1989 and that was in force immediately before the repeal of that section continues in force as if it had been made under section 26. (2) Any Order in Council that was made under section 161(7) of the Local Government Act 1989 and that was in force immediately before the repeal of that section continues in force as if it had been made under section 28. __________________ s. 32 -- 24 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 23 SCHEDULES SCHEDULE 1 PROVISIONS WITH RESPECT TO HOLDING AN ELECTION OF COUNCILLORS 1. Application of this Schedule (1) This Schedule applies to any election at which 2 or more Councillors (other than the Lord Mayor and the Deputy Lord Mayor) are to be elected to the Council. (2) Schedule 2 and Parts 2 and 5 and clauses 1(3) and 2 of Schedule 3 of the Local Government Act 1989 and any regulations made under that Act relating to elections also apply to the election. 2. Definitions (1) In this Schedule— "name of a registered political party" includes the abbreviation or initials (if any) of the name of the party entered in the Register of Political Parties under The Constitution Act Amendment Act 1958; "nomination day" means the last day on which notices of candidature may be received; "Part 4A" means Part 4A of Schedule 3 of the Local Government Act 1989; "registered officer", in relation to a registered political party, means the registered officer of a registered political party within the meaning of The Constitution Act Amendment Act 1958; "registered political party" has the meaning it has in The Constitution Act Amendment Act 1958; "voting ticket" has the meaning set out in clause 5(1). (2) In determining when the 2nd or 4th days after the nomination day occur, any holiday (as defined by section 44(4) of the Interpretation of Legislation Act 1984) that occurs after the nomination day is not to be counted as a day. Sch. 1 -- 25 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 24 3. Grouping of candidates (1) Two or more candidates may make a joint request that their names be grouped on the ballot-paper. (2) The request— (a) must be in writing and must be signed by the candidates; and (b) must specify the order in which the names are to appear within the group; and (c) must be delivered to the returning officer before 4 p.m. on the second day after nomination day. (3) A candidate's name may not be included in more than one group. 4. Group name and order of candidates on ballot-paper (1) A request under clause 3 must also specify the name under which the candidates wish to be grouped. (2) If, in the opinion of the returning officer, the name is that of, or implies an association with, a registered political party, the returning officer must not print the name on the ballot- paper unless the candidates provide evidence that they have been authorised by the registered officer of the party to use that name. (3) If the name comprises more than 6 words (or letters in the case of a name that consists only of abbreviations), the returning officer must not print more than the first 6 words (or letters) of the name on the ballot paper. (4) If, in the opinion of the returning officer, a proposed group name is offensive or misleading, the returning officer— (a) must not print that name on the ballot-paper; and (b) must advise the candidates of his or her opinion and ask the candidates to submit an alternative name. (5) If candidates fail to submit a suitable alternative name to the returning officer by the time specified by the returning officer, the request under clause 3 lapses. (6) If— (a) candidates wish to have their names grouped on the ballot-paper; and Sch. 1 -- 26 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 25 (b) they have been endorsed for that election by different registered political parties— they may use a composite name formed from the registered names of the registered political parties. (7) Subject to sub-clauses (2), (3) and (4), the returning officer must print on the ballot-paper next to a candidate's name the group name specified under sub-clause (1), or any valid alternative name submitted in response to a request made under sub-clause (4)(b). (8) The returning officer must as soon as practicable after 4 p.m. on the 2nd day after the last day on which notices of candidature may be received hold a ballot by lot to determine the order in which the name of each candidate is to appear on the ballot-paper. 5. Voting tickets (1) A voting ticket is a document that sets out an order of preference for all the candidates in the election. (2) If permitted by clause 6, candidates may apply to the returning officer to register one or 2 voting tickets for the purposes of the election. (3) The returning officer must not register a voting ticket— (a) if the ticket does not give preference to the candidates applying to register the ticket before it gives preference to any other candidate; or (b) if the order of preference specified in the ticket would result in an informal vote were that order of preference to be applied by a voter to the ballot-paper to be used in the election; or (c) if 2 voting tickets have already been registered on the application of the candidates applying for the registration; or (d) if the application for the ticket does not comply with this Schedule. (4) Without limiting the form in which a voting ticket may be expressed, the ticket may be in the form of a completed draft or mock ballot-paper. (5) If a voting ticket is, or 2 voting tickets are, registered for the purposes of the election on the application of a group of candidates— Sch. 1 -- 27 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 26 (a) a square must be printed on the ballot-paper above the names of those candidates; and (b) if another provision of this Schedule requires the name of a registered political party or another name to be printed next to the names of the candidates on the ballot-paper, that name must also be printed on the ballot-paper next to that square. (6) An application for 2 group voting tickets must indicate the order in which the voting tickets are to be displayed for the purposes of clause 7(1). 6. Group voting tickets (1) Candidates making a request under clause 3 may apply to register one or 2 group voting tickets for the purposes of the election. (2) The application must— (a) be signed; and (b) be lodged with the returning officer after the order of the candidates on the ballot-paper has been determined and before 4 p.m. on the 4th day after the nomination day. (3) The application may be signed— (a) if all the members of the group have been endorsed by the same registered political party, by the registered officer of the party; or (b) if the members of the group have been endorsed by different registered political parties, by the registered officers of all those parties; or (c) in a case to which neither paragraph (a) nor paragraph (b) applies, by the candidate whose name first appears in the group on the ballot-paper; or (d) in any case, by a person authorised in writing by all the members of the group to sign such a statement on behalf of the group. (4) A copy of any authorisation given for the purposes of sub- clause (3)(d) must be lodged with the application. 7. Voting tickets to be displayed (1) If a voting ticket has been registered for the purposes of the election, the returning officer must cause the ticket to be Sch. 1 -- 28 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 27 prominently displayed in a manner determined by the returning officer at each polling place. (2) If a group has 2 registered voting tickets, those tickets must be displayed in the order indicated in the application for registration. 8. Ballot-papers (1) If at least one voting ticket has been registered for the purposes of the election, the ballot-paper for the election must be in the form of Schedule 2. (2) If— (a) a valid request for the grouping of candidates' names is received under clause 3; but (b) no voting ticket has been registered for the purposes of the election— the ballot-paper for the election must be in the form of Schedule 2 with the modifications set out in sub-clause (5). (3) If— (a) no valid request for the grouping of candidates' names is received under clause 3; and (b) no voting ticket has been registered for the purposes of the election— the ballot-paper for the election must be in the form of Schedule 2, as modified in the manner specified in sub- clauses (4) and (5). (4) The required modifications are— (a) in the left-most column of the form, the word "DIRECTIONS" must be deleted; and (b) in the area between the first and second continuous horizontal black lines on the form, all words and expressions must be deleted; and (c) in the area between the second and third continuous horizontal black lines on the form, the word "OR" and the 2 short horizontal lines above and below that word must be deleted. (5) In addition, the squares in the area between the second and third continuous horizontal black lines on the form are to be set out continuously in the order determined under sub- clause (8)(c). Sch. 1 -- 29 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 28 (6) For the purposes of sub-clauses (2) and (3), the remaining directions may be reformatted in any way the returning officer considers to be appropriate and may be accompanied by the heading "Directions". (7) The directions in Schedule 2 have the same force as if they were provisions contained in this Act. (8) In printing the ballot-paper— (a) the names of candidates by whom requests have been made under clause 3 must be printed in groups on the ballot-paper in accordance with the requests and before the names of candidates who have not made such requests; and (b) the order of the several groups on the ballot-paper must be determined by a ballot by lot conducted by the returning officer; and (c) the order of the names of the candidates whose names are not included in any group must be determined by a ballot by lot conducted by the returning officer. (9) Any ballot by lot conducted under sub-clause (8) must be conducted in accordance with clause 14 of Schedule 2 of the Local Government Act 1989. 9. Printing of political party and other names on ballot-papers The names of registered political parties, composite names and group names must be printed on the ballot-paper in capital letters in type that is uniform in size and style for all the names so printed. 10. Marking of votes (1) A voter must mark his or her vote on a ballot-paper that is in the form of Schedule 2 either— (a) by placing the figure 1 in a square (if any) printed in accordance with clause 5(5); or (b) by— (i) placing the figure 1 in the square opposite the name of the candidate for whom he or she votes as his or her first preference; and Sch. 1 -- 30 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 29 (ii) placing the figures 2, 3, 4 (and so on, as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of his or her preference for them. (2) For the purposes of this Act, if a voter has placed a tick or a cross in a square printed on a ballot-paper in accordance with clause 5(5), he or she is deemed to have placed the figure 1 in that square. 11. Formal votes according to group voting ticket (1) A ballot-paper is not informal by virtue of clause 15(1)(a) if the voter has marked his or her vote on the ballot-paper in accordance with clause 10. (2) If a ballot-paper— (a) has been marked in accordance with clause 10(1)(a); and (b) has been marked in accordance with clause 10(1)(b) so that, if it were not marked in accordance with clause 10(1)(a), it would not be informal by virtue of clause 15(1)(a)— the ballot-paper is, for the purposes of clause 14 and Part 4A, deemed not to have been marked in accordance with clause 10(1)(a). (3) For the purposes of this clause and clause 12 and Part 4A, a voter must not be taken to have marked his or her vote in accordance with clause 10(1)(a) if he or she has placed a preference mark in 2 or more of the squares printed on the ballot-paper in accordance with clause 5(5). (4) In this clause, "preference mark" means a tick, a cross or the figure 1. 12. Certain votes with non-consecutive numbers to be formal (1) This clause applies if a ballot-paper— (a) has the figure 1 in the square opposite to the name of a candidate and does not have that figure in the square opposite to the name of another candidate; and (b) has— (i) in a case where there are more than 9 candidates in the election, in not less than 90% of the squares opposite the names of the candidates, figures in a sequence of consecutive Sch. 1 -- 31 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 30 numbers commencing with the figure 1 or figures that with a change to no more than 1 of them would be in such a sequence; or (ii) in any other case, in all the squares opposite the names of candidates or in all those squares except one square that is left blank, numbers in a sequence of consecutive numbers commencing with the figure 1 or figures that with a change to no more than 1 of them would be in such a sequence; and (c) but for this sub-clause, would be informal by virtue of clause 15(1)(a). (2) The following provisions apply to the ballot-paper— (a) the ballot-paper is not informal by virtue of clause 15(1)(a); and (b) the figure 1 is to be taken to express the voter's first preference; and (c) if the figures in squares opposite the names of candidates are in a sequence of consecutive numbers commencing with the figure 1, the voter is to be taken to have expressed a preference by the other figure, or to have expressed preferences by the other figures, in that sequence; and (d) the voter is not to be taken to have expressed any other preference. (3) In considering, for the purposes of this clause, whether numbers are in a sequence of consecutive numbers, any number that is repeated is to be disregarded. 13. Effect of single voting ticket on ballot-paper For the purposes of Part 4A, if— (a) a ballot-paper has been marked in accordance with clause 10(1)(a) by a mark having been placed in a square printed above the names of a group of candidates; and (b) the group has only one voting ticket registered for the purposes of the election— Sch. 1 Sch. 1 -- 32 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 31 the ballot-paper is deemed to have been marked in accordance with the order of preference set out in that ticket. 14. Effect of 2 voting tickets on ballot-papers (1) This clause applies if— (a) one or more ballot-papers have been marked in accordance with clause 10(1)(a) by a mark having been placed in a square printed above the names of a group of candidates; and (b) the group has 2 voting tickets registered for the purposes of the election. (2) For the purposes of Part 4A— (a) if the number of ballot-papers is an even number, half of the ballot-papers are deemed to have been marked in accordance with the order of preference set out in one of the tickets and the other half in accordance with the order of preference set out in the other ticket; or (b) if the number of ballot-papers is not an even number— (i) one of the ballot-papers is deemed to have been marked in accordance with the order of preference set out in whichever of the 2 tickets is drawn by lot in a manner determined by the returning officer, either manually or by computer; and (ii) half the remainder (if any) of the ballot-papers are deemed to have been marked in accordance with the order of preference set out in one of the tickets and the other half in accordance with the order of preference set out in the other ticket. 15. Informal ballot-papers A ballot-paper must be rejected as informal at the close of the poll— (a) subject to clauses 10 and 11, if it has no vote indicated on it, or it does not indicate the voter's first preference for one candidate and the order of his or her preference for all the remaining candidates; or Sch. 1 -- 33 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 32 (b) if it is not marked in a manner prescribed or allowed by this Act or by a provision of the regulations made under the Local Government Act 1989 that is not contrary to any provision of this Schedule. 16. Death of a candidate (1) This clause applies if a candidate dies after 4 p.m. on the 31st day before election day and before the end of the election day, and the number of candidates remaining is greater than the number of candidates to be elected. (2) Despite anything to the contrary in clause 9 of Schedule 2 of the Local Government Act 1989, the election is to continue as if the dead candidate had given the returning officer at 4 p.m. on the day the candidate died a valid notice of retirement under clause 8 of that Schedule. (3) If it was not practicable to remove the name of a dead candidate from the ballot-paper, the ballot-paper is not informal by reason only of the failure of the voter to place any figure opposite that name, or of any resultant failure to indicate in consecutive order the voter's preferences. 17. Additional information for scrutineers The returning officer must ensure that scrutineers are given access to the following information during the counting of votes as the information becomes available— (a) a record of the preferences on the ballot-papers that have been received by the returning officer and whose details have been stored in the computer (including informal ballot-papers, and formal ballot-papers that are not sequentially numbered); and (b) a record of the ballot-papers that are notionally transferred, or exhausted, at each count; and (c) a record of the progress of the count of the votes, at each count. 18. Refund to group candidates (1) This clause applies if— (a) a candidate is a member of a group of candidates who were grouped on the ballot-paper; and (b) all the members of the group are elected or the members of the group receive more than 4% of the Sch. 1 -- 34 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 33 total number of valid first preference votes cast in the election. (2) The fee paid for or on behalf of the candidate must be repaid to the candidate on the returning officer certifying that sub- clause (1) applies to the candidate. _______________ Sch. 1 -- 35 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 34 SCHEDULE 2 FORM OF BALLOT-PAPER Ballot-paper CITY OF MELBOURNE Election of [2] Councillors of the Melbourne City Council D I R E C T ________ EITHER ________ Place the single figure 1 in one, and one only of these squares to indicate the group voting ticket which you wish to adopt as your vote ! OR ! OR ! OR ! 3 3 3 3 I O N S ________ OR ________ Place the numbers 1 to [4] in the squares immediately to the left of the names of the respective candidates so as to indicate the order of your preference for them ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 Ungrouped ! 1 ! 1 ! 1 ! 1 1. Here insert name of a candidate. 2. Here insert number of vacancies. 3. Here insert name of a registered political party or other group name if applicable. 4. Here insert number of candidates. ═══════════════ Sch. 2 -- 36 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 35 ENDNOTES † Minister's second reading speech— Legislative Assembly: 22 March 2001 Legislative Council: 1 May 2001 The long title for the Bill for this Act was "to alter the electoral structure of the City of Melbourne, to provide for the direct election of a Lord Mayor and a Deputy Lord Mayor, to facilitate an early election of the members of the Melbourne City Council and for other purposes." Constitution Act 1975: Absolute majorities: Legislative Assembly: 5 April 2001, 3 May 2001 Legislative Council: 3 May 2001 Endnotes -- 37 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 36 INDEX Subject Section Actamendments to other Acts 30 commencement 2 purpose 1 relationship with Local Government Act 1989 4 repeals and savings 31–32 Ballot papers Sch. 1, 2 By-elections 16, 18, Sch. 1, 2 City of Melbourne 3, 6 Corporations 9–10, 19 Council acting Deputy Lord Mayor 25 allowances 26–27, 32 constitution 6 definition 3 Deputy Lord Mayor 20, 22–24, 26 Lord Mayor 20–21, 23–24, 26 meetings of 20 meetings with State 8 objectives 7 rates 28, 32 vacancies in offices 24–25 Definitions 3 Deputy Lord Mayor acting Deputy Lord Mayor 25 allowances 26 definition 3 election of 14–16, 18, 24 functions, duties, powers 8, 20, 22 term of office 23 vacancies 24 Elections ballot papers Sch. 1, 2 by-elections 16, 18, Sch. 1, 2 candidates 16 compulsory voting 19 corporations' voting entitlements 9–10 councillors 16–18, 24, Sch. 1, 2 counting of votes 18 date 13 Deputy Lord Mayor 14–16, 18, 24 frequency 12 -- 38 of 39 -- Act No. 5/2001 City of Melbourne Act 2001 37 Subject Section Lord Mayor 14–16, 18, 24 notice to people on voters' list 11 postal voting 13 simultaneous elections 14, 16 vacancies in offices 24 Local Government Act 1989 amendments to 30 application to City of Melbourne and Council 5 elections 9, 18, 19 Lord Mayor 21 regulations 29 vacancies in office of Councillor 24 continuation of Orders made under 32 relationship to this Act 4 Lord Mayor allowances 26 application of Local Government Act 1989 to 21 election 14–16, 18, 24 definition 3 meetings between Council and State 8 precedence 20 term of office 23 vacancies 24 Meetings between Council and State 8 Rates 28, 32 Regulations 29 Repeals and savings 31–32 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– -- 39 of 39 --