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LOCAL GOVERNMENT AMENDMENT (ELECTIONS) BILL 2008

                 PARLIAMENT OF VICTORIA

      Local Government Amendment (Elections) Bill
                        2008



                      TABLE OF PROVISIONS
Clause                                                                  Page

PART 1--PRELIMINARY                                                        1
  1      Purpose                                                           1
  2      Commencement                                                      1

PART 2--AMENDMENT OF THE LOCAL GOVERNMENT
ACT 1989                                                                   2
  3      Amendment of section 3--Definitions                               2
  4      Amendment of section 11--Entitlements relating to
         enrolment                                                         3
  5      Amendment of section 13-- Owner ratepayers entitled to
         be enrolled without application                                   3
  6      Amendment of section 14-- Owner ratepayers may apply
         for enrolment                                                     4
  7      Amendment of section 15--Occupier ratepayers may apply
         to be enrolled                                                    4
  8      Amendment of section 16--Provisions relating to corporations      4
  9      Sections 17 and 18 substituted                                    5
         17       Provisions relating to appointments and enrolments       5
  10     Repeal of section 19--Notification of change or cessation of
         entitlement                                                       6
  11     Amendment of section 20--Request that address not be
         shown                                                             6
  12     Amendment of section 23A--Public notification and
         exhibition                                                        7
  13     Amendment of section 24--Preparation of voters' rolls             9
  14     Amendment of section 37--Extraordinary vacancy within
         6 months before a general election                                9
  15     Amendment of section 38--By-elections                             9
  16     Amendment of section 40--Voting is compulsory                    11
  17     Amendment of section 41A--Election or poll by postal
         voting                                                           11
  18     Amendment of section 55--Printing and publication of
         electoral advertisements, handbills, pamphlets or notices        11
  19     Amendment of section 55A--Misleading or deceptive matter         12


561281B.I-10/6/2008                  i      BILL LA INTRODUCTION 10/6/2008

 


 

Clause Page 20 Amendment of section 62--Return by candidate 12 21 Amendment of section 62B--Certain gifts not to be accepted 13 22 Amendment of section 68A--Resignation of Councillor 13 23 Amendment of section 70--Candidate for election 14 24 Amendment of section 193--Entrepreneurial powers 14 25 New section 238A inserted--False written declaration 15 238A False written declaration 15 26 Amendment of Schedule 2--Nominations 15 27 Amendment of clause 6 of Schedule 2--Validity of candidature 16 28 Amendment of clause 14 of Schedule 2--Ballot-papers 16 29 Amendment of clause 11B of Schedule 3--2 or more Councillors to be elected 17 30 Amendment of clause 14 of Schedule 3--Report on election by returning officer 17 31 Repeal of clause 16 of Schedule 3--Request for a poll 17 32 Amendment of clause 17 of Schedule 3--Conduct of the poll 17 33 Clause 2 of Schedule 3A substituted 18 2 Exclusion of candidate 18 34 Amendment of clause 3 of Schedule 3A--Filling of multiple vacancies 18 35 Clauses 4 to 7 of Schedule 3A substituted 18 4 Procedure if there are no eligible candidates 18 5 Procedure if there is only one eligible candidate 19 6 Procedure if there is more than one eligible candidate 19 7 Conduct of countback 20 7A Procedure if the countback fails 21 36 Amendment of clause 8 of Schedule 3A--Other matters 22 37 New clause 10 inserted in Schedule 3A--Counting of votes at a countback 22 10 Counting of votes at a countback 22 38 Repeal of Part 3 of Schedule 3A--Alternative countback procedure 23 PART 3--AMENDMENT OF THE CITY OF MELBOURNE ACT 2001 24 39 Amendment of section 3--Definitions 24 40 Amendment of section 9A--Persons entitled to be enrolled without application 24 41 Amendment of section 9C--Corporations 24 42 Amendment of section 9D--Procedure in relation to representatives of corporations 24 43 Amendment of section 10--Request that address not be shown 25 44 Amendment of section 11C--Public notification and exhibition 25 561281B.I-10/6/2008 ii BILL LA INTRODUCTION 10/6/2008

 


 

Clause Page 45 Amendment of clause 8 of Schedule 1--Ballot-papers 26 46 Amendment of clause 10 of Schedule 1--Marking of votes 27 47 Amendment of Schedule 2--Form of ballot-paper 27 48 New Schedule 3 inserted--Form of ballot-paper (20 or more groups) 27 SCHEDULE 3--Form of Ballot-Paper (20 or more groups) 28 PART 4--REPEAL OF AMENDING ACT 30 49 Repeal of amending Act 30 ENDNOTES 31 561281B.I-10/6/2008 iii BILL LA INTRODUCTION 10/6/2008

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Local Government Amendment (Elections) Bill 2008 A Bill for an Act to amend the Local Government Act 1989 and the City of Melbourne Act 2001 to facilitate the holding of local government elections and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purpose The purpose of this Act is to amend the Local Government Act 1989 and the City of 5 Melbourne Act 2001 to facilitate the holding of local government elections. 2 Commencement This Act comes into operation on 15 August 2008. __________________ 561281B.I-10/6/2008 1 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 3 PART 2--AMENDMENT OF THE LOCAL GOVERNMENT ACT 1989 3 Amendment of section 3--Definitions See: (1) In section 3(1) of the Local Government Act Act No. 5 11/1989. 1989, in the definition of corporation-- Reprint No. 9 as at (a) paragraph (b) is repealed; 1 April 2007 and (b) after "this Act" insert "or any public amending Act Nos statutory corporation constituted by or under 26/2007 and any law of the State of Victoria, any other 2/2008. 10 LawToday: State or Territory of the Commonwealth or www. the Commonwealth". legislation. vic.gov.au (2) In section 3(1) of the Local Government Act 1989, in the definition of election period for "entitlement date" substitute "last day on which 15 nominations for that election can be received". (3) In section 3(1) of the Local Government Act 1989, in the definition of person after paragraph (b) insert-- "or 20 (c) any public statutory corporation constituted by or under any law of the State of Victoria, any other State or Territory of the Commonwealth or the Commonwealth;". (4) In section 3(1) of the Local Government Act 25 1989, for the definition of public notice substitute-- "public notice means a notice published in a newspaper generally circulating in the municipal district of the Council chosen for 30 the purpose by-- (a) if the notice is required to be given by the Council, the Council; 561281B.I-10/6/2008 2 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 4 (b) if the notice is required to be given by the Registrar, the Registrar; (c) if the notice is required to be given by the returning officer, the returning 5 officer;". (5) In section 3(1) of the Local Government Act 1989, in the definition of rateable property after "land" insert "but does not include an occupancy that is used, or is intended to be used, for the sole 10 purpose of-- (a) parking a single motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986; or (b) mooring a single vessel within the meaning 15 of section 3(1) of the Marine Act 1988". 4 Amendment of section 11--Entitlements relating to enrolment For sections 11(5)(c) and 11(5)(d) of the Local Government Act 1989 substitute-- 20 "(c) the person is appointed to vote on behalf of a corporation under section 16 and the application for appointment-- (i) complies with subsection (6); and (ii) is accepted in accordance with this 25 Division.". 5 Amendment of section 13--Owner ratepayers entitled to be enrolled without application (1) In section 13(1)(c) of the Local Government Act 1989 for "a ward" substitute "the municipal 30 district". (2) In section 13(1)(d) of the Local Government Act 1989 for "that rateable property" substitute "the municipal district". 561281B.I-10/6/2008 3 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 6 (3) In section 13(7) of the Local Government Act 1989 for "the Council" (where secondly occurring) substitute "the Chief Executive Officer". 5 6 Amendment of section 14--Owner ratepayers may apply for enrolment In section 14(1)(c) of the Local Government Act 1989 for "a ward" substitute "the municipal district". 10 7 Amendment of section 15--Occupier ratepayers may apply to be enrolled (1) In section 15(1)(c) of the Local Government Act 1989 after "any rateable property" insert "in the municipal district". 15 (2) In section 15(6) of the Local Government Act 1989 for "the Council" (where secondly occurring) substitute "the Chief Executive Officer". 8 Amendment of section 16--Provisions relating to 20 corporations (1) In section 16(1) of the Local Government Act 1989 for "a ward and is liable to pay the rates in respect of that rateable property" substitute "the municipal district". 25 (2) In section 16(1) of the Local Government Act 1989 for "may appoint" substitute "may apply to appoint". (3) In section 16(2) of the Local Government Act 1989 for "the owner of any rateable property in a 30 ward jointly with any other person or persons and is liable to pay the rates in respect of that rateable property" substitute "a joint owner of any rateable property in the municipal district". (4) In section 16(4) of the Local Government Act 35 1989 for "(3)" substitute "(2)". 561281B.I-10/6/2008 4 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 9 (5) In sections 16(5) and 16(8) of the Local Government Act 1989 for "a ward" substitute "the municipal district". (6) In section 16(5) of the Local Government Act 5 1989 omit "with any other person or persons". (7) In section 16(9) of the Local Government Act 1989-- (a) for "An appointment under subsection (1) and an application for a person to be enrolled 10 for the purposes of subsection (2) or (5)" substitute "An application for a person to be appointed under this section"; (b) in paragraph (a) after "company secretary" insert "(however styled)". 15 (8) In section 16(10)(a)(i) of the Local Government Act 1989 after "company secretary" insert "(however styled)". 9 Sections 17 and 18 substituted For sections 17 and 18 of the Local Government 20 Act 1989 substitute-- "17 Provisions relating to appointments and enrolments (1) On receiving notice of an appointment under section 13(5), 13(6) or 16 or an application 25 for enrolment under section 14 or 15, the Chief Executive Officer must enrol the person unless the Chief Executive Officer believes that the person is not entitled to be enrolled. 561281B.I-10/6/2008 5 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 10 (2) If the Chief Executive Officer believes the person is not entitled to be enrolled, the Chief Executive Officer must-- (a) refuse to enrol the person; and 5 (b) advise the person who submitted the notice of appointment or application for enrolment of the refusal in writing and give the person the reason for the refusal. 10 (3) The Chief Executive Officer may either orally or in writing, request any person or corporation to provide information to enable the Chief Executive Officer to determine the eligibility of a person to be enrolled. 15 (4) If a request under subsection (3) is made in writing, the Chief Executive Officer may require the information to be given in writing and signed by the person giving the information. 20 (5) A person must not knowingly give information in writing under subsection (4) which is false. Penalty: 20 penalty units.". 10 Repeal of section 19--Notification of change or 25 cessation of entitlement Section 19 of the Local Government Act 1989 is repealed. 11 Amendment of section 20--Request that address not be shown 30 In section 20(1) of the Local Government Act 1989 after "A person" insert "who is entitled as a ratepayer to be enrolled on the voters' roll under section 13, 14, 15 or 16". 561281B.I-10/6/2008 6 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 12 12 Amendment of section 23A--Public notification and exhibition (1) In section 23A(1)(a) of the Local Government Act 1989 for "must" substitute "can". 5 (2) For sections 23A(1)(b) and 23A(1)(c) of the Local Government Act 1989 substitute-- "(b) if a corporation has exercised an entitlement under section 16, give a letter to the corporation specifying that the enrolment of 10 the person on the voters' roll to represent the corporation will cease to have effect on the entitlement date and that if still entitled, an application to renew the enrolment can be made under section 16.". 15 (3) For section 23A(2) of the Local Government Act 1989 substitute-- "(2) The Chief Executive Officer must send a letter not later than the date specified for the publishing of the public notice under 20 subsection (5) after the commencement of the Local Government Amendment (Elections) Act 2008 to-- (a) each person who was enrolled on the voters' roll under section 13 for the last 25 general election before the commencement of the Local Government Amendment (Elections) Act 2008 who will not be entitled to be enrolled on the voters' roll under 30 section 13 for the next general election only because of the amendments made to this Act by the Local Government Amendment (Elections) Act 2008; and 561281B.I-10/6/2008 7 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 12 (b) each corporation that has exercised a right of entitlement under section 16(1) or 16(2) to appoint a voting representative before the 5 commencement of the Local Government Amendment (Elections) Act 2008 the appointment of which will cease to have effect only because of the amendments made to this Act by the 10 Local Government Amendment (Elections) Act 2008-- specifying the changes and any relevant entitlements and requirements for enrolment.". 15 (4) In section 23A(4) of the Local Government Act 1989 for "In" substitute "Subject to subsection (4A), in". (5) After section 23A(4) of the Local Government Act 1989 insert-- 20 "(4A) Despite subsection (4), in the case of a by-election or a poll of voters, the Registrar may decide to prepare an exhibition roll in accordance with section 23 to be used for the purposes of this section and section 24 25 prepared as at a date since the entitlement date for the last general election. (4B) If subsection (4A) applies, the Registrar must-- (a) specify the date as at which the 30 Victorian Electoral Commission and the Chief Executive Officer are to provide voters' lists under sections 21 and 22; and (b) include the date specified under 35 paragraph (a) on the exhibition roll.". 561281B.I-10/6/2008 8 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 13 (6) For section 23A(6) of the Local Government Act 1989 substitute-- "(6) The Registrar must ensure that the exhibition roll is available for inspection by members of 5 the public for the period of 5 working days ending at 4 p.m. on the entitlement date.". 13 Amendment of section 24--Preparation of voters' rolls After section 24(2) of the Local Government Act 10 1989 insert-- "(2A) In the case of a by-election, a voters' roll for a ward must not include a person enrolled on the voters' roll prepared for the last general election for another ward unless-- 15 (a) the person's primary place of residence is in the ward in respect of which the voters' roll is being prepared; or (b) the person has ceased to have a right of entitlement to be enrolled in respect of 20 that other ward.". 14 Amendment of section 37--Extraordinary vacancy within 6 months before a general election At the end of section 37 of the Local Government Act 1989 insert-- 25 "(2) If the Council decides to fill an extraordinary vacancy which occurs within 6 months before a general election, the Chief Executive Officer must notify the Minister of that decision within 3 working days of the 30 Council making the decision.". 15 Amendment of section 38--By-elections (1) In section 38(1) of the Local Government Act 1989 for "An" substitute "Unless subsection (1AA) applies, an". 561281B.I-10/6/2008 9 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 15 (2) After section 38(1A) of the Local Government Act 1989 insert-- "(1AA) For the purposes of determining when the period under subsection (1) commences, the 5 extraordinary vacancy is to be taken to have occurred-- (a) if the extraordinary vacancy occurs within 6 months before a general election, on the date that the Council 10 decides to fill the vacancy under section 37; or (b) if the returning officer determines that the extraordinary vacancy cannot be filled by a countback under 15 Schedule 3A, on the date on which the returning officer makes that determination. (1AB) Despite subsection (1), if the Minister considers that the process for holding an 20 election to fill an extraordinary vacancy would be adversely affected by the Christmas and New Year holiday period if the date of the election was fixed in accordance with that subsection, the Minister 25 may fix a date for the holding of the election on a day which is a Saturday not later than the 150th day after the extraordinary vacancy and is as soon as is reasonably practicable. (1AC) For the purposes of subsection (1AB), the 30 Minister-- (a) may specify as the entitlement date a date which is more than 57 days before the date of the election; (b) must publish the date of the election 35 and the entitlement date in the Government Gazette.". 561281B.I-10/6/2008 10 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 16 16 Amendment of section 40--Voting is compulsory In section 40(1) of the Local Government Act 1989 after "voters' roll" insert "as a resident under section 12". 5 17 Amendment of section 41A--Election or poll by postal voting (1) In section 41A(1) of the Local Government Act 1989 for "A" substitute "Subject to subsections (2A) and (2B), a". 10 (2) After section 41A(2) of the Local Government Act 1989 insert-- "(2A) Voting at a general election must be conducted by the same means, whether attendance or postal voting, as the previous 15 general election was conducted unless the Council has decided at least 8 months before the election day to change the means of conducting the voting. (2B) Voting at a by-election must be conducted by 20 the same means, whether attendance or postal voting, as the previous general election was conducted unless the Council has decided not later than 7 days after the extraordinary vacancy occurred to change 25 the means of conducting the voting.". (3) Section 41A(3A) of the Local Government Act 1989 is repealed. 18 Amendment of section 55--Printing and publication of electoral advertisements, handbills, pamphlets or 30 notices After section 55(3) of the Local Government Act 1989 insert-- "(4) For the purposes of subsection (1), address does not include a post office box.". 561281B.I-10/6/2008 11 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 19 19 Amendment of section 55A--Misleading or deceptive matter In section 55A of the Local Government Act 1989-- 5 (a) in subsection (1)-- (i) omit "during the election period"; (ii) for "an elector" substitute "a voter"; (b) in subsection (2)-- (i) omit "during the election period"; 10 (ii) for "that election" substitute "an election". 20 Amendment of section 62--Return by candidate For section 62(6) of the Local Government Act 1989 substitute-- 15 "(6) In this section, donation period means the period commencing on whichever is the later of-- (a) 30 days after the last general election for the Council; or 20 (b) 30 days after the last election for the Council at which the person required to give the election campaign donation return was a candidate-- and ending 30 days after election day in the 25 current election for the Council.". 561281B.I-10/6/2008 12 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 21 21 Amendment of section 62B--Certain gifts not to be accepted For section 62B(7) of the Local Government Act 1989 substitute-- 5 "(7) In this section, donation period means the period commencing on whichever is the later of-- (a) 30 days after the last general election for the Council; or 10 (b) 30 days after the last election for the Council at which the person required to give the election campaign donation return was a candidate-- and ending 30 days after election day in the 15 current election for the Council.". 22 Amendment of section 68A--Resignation of Councillor (1) After section 68A(2) of the Local Government Act 1989 insert-- 20 "(2A) A Councillor may specify in his or her resignation that they will continue in office until the result of the by-election or countback is declared. (2B) A Councillor who has resigned cannot 25 continue in office after the result of the by-election or countback is declared.". (2) Section 68A(5) of the Local Government Act 1989 is repealed. 561281B.I-10/6/2008 13 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 23 23 Amendment of section 70--Candidate for election (1) After section 70(2) of the Local Government Act 1989 insert-- "(2A) In addition to subsection (2), if a person who 5 has been a Councillor of a Council ceased to be a Councillor of that Council because-- (a) the person failed to take the oath of office as required by section 63; or (b) the person was absent from 10 4 consecutive ordinary meetings of the Council without leave obtained from the Council; or (c) the Minister has made an order under section 85(6) in respect of that 15 person-- the person cannot nominate as a candidate for an election for that Council to be held during the period ending 4 years after the person ceased to be a Councillor of that 20 Council. (2B) Subsection (2A) applies in respect of any person who ceases to be a Councillor because of a ground specified in that subsection on or after the commencement 25 of section 23 of the Local Government Amendment (Elections) Act 2008.". (2) In section 70(6) of the Local Government Act 1989 after "(2)," insert "(2A),". 24 Amendment of section 193--Entrepreneurial 30 powers Section 193(8) of the Local Government Act 1989 is repealed. 561281B.I-10/6/2008 14 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 25 25 New section 238A inserted--False written declaration After section 238 of the Local Government Act 1989 insert-- 5 "238A False written declaration A person who is required to make a written declaration by or under this Act or the regulations as a candidate, scrutineer or voter or as a person submitting a how-to-vote card 10 must not knowingly make a declaration which is false. Penalty: 20 penalty units.". 26 Amendment of Schedule 2--Nominations (1) In clauses 3(2), 7(1), 9(1), 9(2), 10(2)(a), 15 10(4) and 14(2) of Schedule 2 to the Local Government Act 1989 for "31st" substitute "32nd". (2) In clauses 3(2), 7(1), 10(2)(a) and 14(2) of Schedule 2 to the Local Government Act 1989 20 for "4 p.m." substitute "12 noon". (3) In clause 9(2) of Schedule 2 to the Local Government Act 1989 for "4 p.m." (where first occurring) substitute "12 noon". (4) After clause 5(1) of Schedule 2 to the Local 25 Government Act 1989 insert-- "(1A) Unless subclause (1B) applies, a candidate must sign the declaration referred to in subclause (1)(c) in the presence of the returning officer. 561281B.I-10/6/2008 15 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 27 (1B) If a candidate is unable to sign the declaration referred to in subclause (1)(c) in the presence of the returning officer, the candidate must provide with the declaration 5 a statutory declaration specifying that he or she-- (a) is nominating; (b) has personally signed the declaration; (c) is unable to sign the declaration in the 10 presence of the returning officer and the reason or reasons why he or she is unable to do so.". 27 Amendment of clause 6 of Schedule 2--Validity of candidature 15 For clause 6(3A) of Schedule 2 to the Local Government Act 1989 substitute-- "(3A) The returning officer must reject as being void a nomination from a person who is not enrolled on the voters' roll for the 20 municipality unless the nomination is accompanied by a statutory declaration stating-- (a) that the person is entitled to be enrolled being an entitlement other than under 25 section 12(1) or 12(2); (b) the grounds on which he or she claims to be entitled; (c) what steps he or she has taken to be enrolled.". 30 28 Amendment of clause 14 of Schedule 2-- Ballot-papers In clause 14(2) of Schedule 2 to the Local Government Act 1989 after "by lot" insert "whether manually or by electronic means". 561281B.I-10/6/2008 16 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 29 29 Amendment of clause 11B of Schedule 3--2 or more Councillors to be elected For clause 11B(27)(c) of Schedule 3 to the Local Government Act 1989 substitute-- 5 "(c) a transfer in accordance with subclause (12)(b) of all the votes of an excluded candidate or candidates, as the case may be, at a particular transfer value.". 30 Amendment of clause 14 of Schedule 3--Report on 10 election by returning officer (1) For clause 14(1) of Schedule 3 to the Local Government Act 1989 substitute-- "(1) The returning officer must prepare a report to the Chief Executive Officer on the conduct 15 of the election within the period of 3 months after election day.". (2) For clause 14(3) of Schedule 3 to the Local Government Act 1989 substitute-- "(3) The Chief Executive Officer must ensure 20 that the report is submitted to the Council at the earliest practicable meeting of the Council held after the report is received by the Chief Executive Officer.". 31 Repeal of clause 16 of Schedule 3--Request for a 25 poll Clause 16 of Schedule 3 to the Local Government Act 1989 is repealed. 32 Amendment of clause 17 of Schedule 3--Conduct of the poll 30 (1) For clause 17(1)(c) of Schedule 3 to the Local Government Act 1989 substitute-- "(c) a scrutineer may be appointed in writing by the Minister or the Chief Executive Officer;". 561281B.I-10/6/2008 17 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 33 (2) In clause 17(1)(d) of Schedule 3 to the Local Government Act 1989 after "notify" insert "the Minister and". 33 Clause 2 of Schedule 3A substituted 5 For clause 2 of Schedule 3A to the Local Government Act 1989 substitute-- "2 Exclusion of candidate (1) The returning officer must exclude from participation in a countback any candidate 10 which the returning officer knows has died or has otherwise ceased to be eligible to be elected as a Councillor. (2) An exclusion under subclause (1) may be made-- 15 (a) before the public notice is published under clause 6; or (b) after the public notice is published under clause 6 unless the countback procedure has been commenced.". 20 34 Amendment of clause 3 of Schedule 3A--Filling of multiple vacancies In clause 3(4) of Schedule 3A to the Local Government Act 1989 for "clauses 2(1) and (2)" substitute "clause 6". 25 35 Clauses 4 to 7 of Schedule 3A substituted For clauses 4 to 7 of Schedule 3A to the Local Government Act 1989 substitute-- "4 Procedure if there are no eligible candidates 30 If there are no eligible candidates, the countback fails and clause 7A applies. 561281B.I-10/6/2008 18 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 35 5 Procedure if there is only one eligible candidate (1) This clause applies if there is only one eligible candidate. 5 (2) The returning officer must invite in writing the candidate to complete a written declaration specifying that the candidate is still eligible to be a Councillor. (3) A written declaration under subclause (2) 10 must be given to the returning officer within 14 days of the date of the written invitation. (4) If the candidate complies with this clause, the returning officer must declare the candidate elected in accordance with 15 clause 17. (5) If the candidate does not comply with this clause, the countback fails and clause 7A applies. 6 Procedure if there is more than one 20 eligible candidate (1) This clause applies if there is more than one eligible candidate. (2) Within 14 days of the extraordinary vacancy occurring, the returning officer must-- 25 (a) publish a public notice in accordance with subclause (3); and (b) give written notice in accordance with subclause (3) to each eligible candidate at their last known address. 561281B.I-10/6/2008 19 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 35 (3) The public notice and the written notice must specify-- (a) the date, time and place for the conduct of the countback; 5 (b) that an eligible candidate is entitled to appoint scrutineers for the countback; (c) the contact details of the returning officer. (4) The date for the conduct of the countback 10 must be the date which is at least 14 days after the date of the public notice which in the opinion of the returning officer is the earliest practicable date to conduct the countback. 15 (5) The countback must be conducted in accordance with Part 2. 7 Conduct of countback (1) The returning officer must make reasonable efforts to notify the candidate who would be 20 declared elected as a result of the countback and invite the candidate to complete a written declaration within 48 hours that the candidate is still eligible to become a Councillor. 25 (2) If the candidate completes the written declaration under subclause (1), clause 17 applies. (3) If the candidate does not complete the written declaration under subclause (1), a 30 further count is to be conducted as soon as is practicable after the period in subclause (1) has expired until-- (a) a candidate who would be declared elected as a result of the countback and 35 is invited to complete a written 561281B.I-10/6/2008 20 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 35 declaration within 48 hours that the candidate is still eligible to become a Councillor does so; or (b) if there is only one candidate 5 remaining, the candidate is invited to complete a written declaration within 48 hours that the candidate is still eligible to become a Councillor and does so; or 10 (c) there are no eligible candidates remaining. (4) For the purposes of the application of subclause (3), each time the process is repeated, the preferences for any candidate 15 who has failed to complete the written declaration when invited to do so are excluded in the countback. (5) If subclause (3)(a) or (3)(b) applies, clause 17 applies. 20 (6) If subclause (3)(c) applies, the countback has failed and clause 7A applies. 7A Procedure if the countback fails (1) If the countback fails or the returning officer is otherwise unable to fill the extraordinary 25 vacancy by a countback-- (a) the returning officer must notify the Chief Executive Officer; (b) a by-election must be held to fill the extraordinary vacancy. 30 (2) Despite clause 3(1), by-elections to fill 2 or more vacancies may be held at the same time.". 561281B.I-10/6/2008 21 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 36 36 Amendment of clause 8 of Schedule 3A--Other matters In clause 8 of Schedule 3A to the Local Government Act 1989 for ", 17 and 25(2)" 5 substitute "and 17". 37 New clause 10 inserted in Schedule 3A--Counting of votes at a countback Before clause 11 of Schedule 3A to the Local Government Act 1989 insert-- 10 "10 Counting of votes at a countback (1) The returning officer may count the votes at a countback manually or by the use of electronic counting equipment and systems. (2) The returning officer must not use electronic 15 counting equipment and systems unless the returning officer, after conducting any tests for the purpose that the returning officer considers appropriate, certifies in writing that-- 20 (a) the electronic form of the ballot-papers is an accurate copy of all the ballot- papers on which a vote was cast in the relevant election; and (b) the countback can be conducted using 25 electronic counting equipment and systems. (3) If the countback is conducted using electronic counting equipment and systems, the returning officer may modify the process 30 applying under clauses 11 to 16 to the extent necessary to facilitate the use of the electronic counting equipment and systems.". 561281B.I-10/6/2008 22 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 2--Amendment of the Local Government Act 1989 s. 38 38 Repeal of Part 3 of Schedule 3A--Alternative countback procedure Part 3 of Schedule 3A to the Local Government Act 1989 is repealed. __________________ 561281B.I-10/6/2008 23 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 3--Amendment of the City of Melbourne Act 2001 s. 39 PART 3--AMENDMENT OF THE CITY OF MELBOURNE ACT 2001 39 Amendment of section 3--Definitions See: In section 3 of the City of Melbourne Act 2001, Act No. 5 5/2001. in the definition of rateable property after "land" Reprint No. 1 insert "but does not include an occupancy that is as at 1 July 2007. used, or is intended to be used, for the sole LawToday: purpose of-- www. legislation. vic.gov.au (a) parking a single motor vehicle within the 10 meaning of section 3(1) of the Road Safety Act 1986; or (b) mooring a single vessel within the meaning of section 3(1) of the Marine Act 1988". 40 Amendment of section 9A--Persons entitled to be 15 enrolled without application In sections 9A(3)(d) and 9A(5)(d) of the City of Melbourne Act 2001 for "that rateable property" substitute "the municipal district". 41 Amendment of section 9C--Corporations 20 In section 9C(3) of the City of Melbourne Act 2001 after "company secretary" insert "(however styled)". 42 Amendment of section 9D--Procedure in relation to representatives of corporations 25 (1) In section 9D(2) of the City of Melbourne Act 2001 after "company secretary" insert "(however styled)". (2) In sections 9D(2) and 9D(3) of the City of Melbourne Act 2001 after "company secretaries" 30 insert "(however styled)". 561281B.I-10/6/2008 24 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 3--Amendment of the City of Melbourne Act 2001 s. 43 (3) In section 9D(3) of the City of Melbourne Act 2001 after "directors" insert "(however styled)". 43 Amendment of section 10--Request that address not be shown 5 In section 10(1) of the City of Melbourne Act 2001 after "A person" insert "who is entitled to be enrolled on the voters' roll under section 9A(3), 9A(5), 9B or 9C". 44 Amendment of section 11C--Public notification and 10 exhibition (1) For section 11C(2) of the City of Melbourne Act 2001 substitute-- "(2) The Chief Executive Officer must send a letter not later than the date specified for the 15 publishing of the public notice under subsection (4) after the commencement of the Local Government Amendment (Elections) Act 2008 to-- (a) each person who was enrolled on the 20 voters' roll under section 9 for the last general election before the commencement of the Local Government Amendment (Elections) Act 2008 who will not be entitled to be 25 enrolled on the voters' roll under section 9 for the next general election only because of the amendments made to this Act by the Local Government Amendment (Elections) Act 2008; and 561281B.I-10/6/2008 25 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 3--Amendment of the City of Melbourne Act 2001 s. 45 (b) each corporation that has exercised a right of entitlement to appoint a voting representative before the commencement of the Local 5 Government Amendment (Elections) Act 2008 the appointment of which will cease to have effect only because of the amendments made to this Act by the Local Government Amendment 10 (Elections) Act 2008-- specifying the changes and any relevant entitlements and requirements for enrolment.". (2) For section 11C(5) of the City of Melbourne Act 15 2001 substitute-- "(5) The Registrar must ensure that the exhibition roll is available for inspection by members of the public for the period of 5 working days ending at 4 p.m. on the entitlement date.". 20 45 Amendment of clause 8 of Schedule 1-- Ballot-papers (1) For clause 8(1) of Schedule 1 to the City of Melbourne Act 2001 substitute-- "(1) If at least one voting ticket has been 25 registered for the purposes of the election-- (a) the ballot-paper for the election must be in the form of Schedule 2 if there are fewer than 20 groups of candidates; or (b) the ballot-paper for the election must be 30 in the form of Schedule 3 if there are 20 or more groups of candidates.". 561281B.I-10/6/2008 26 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 3--Amendment of the City of Melbourne Act 2001 s. 46 (2) In clause 8(7) of Schedule 1 to the City of Melbourne Act 2001 for "Schedule 2" substitute "Schedules 2 and 3". 46 Amendment of clause 10 of Schedule 1--Marking of 5 votes In clause 10(1) of Schedule 1 to the City of Melbourne Act 2001 after "2" insert "or 3". 47 Amendment of Schedule 2--Form of ballot-paper In the title to Schedule 2 to the City of 10 Melbourne Act 2001 after "BALLOT-PAPER" insert "(FEWER THAN 20 GROUPS)". 48 New Schedule 3 inserted--Form of ballot-paper (20 or more groups) After Schedule 2 to the City of Melbourne Act 15 2001 insert-- 561281B.I-10/6/2008 27 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 3--Amendment of the City of Melbourne Act 2001 s. 48 "SCHEDULE 3 FORM OF BALLOT-PAPER (20 OR MORE GROUPS) Ballot-paper CITY OF MELBOURNE 5 Election of [2] Councillors of the Melbourne City Council Place the ________ single figure 1 in D EITHER one, and one ________ only of these OR OR ... OR I squares to 3 3 3 indicate the R group voting OR OR ... OR ticket which 3 3 3 E you wish to adopt as your C vote T Place the ________ numbers 1 I to [4] in the 13 13 ... 13 OR squares O ________ immediately 13 13 ... 13 to the left of N the names of the 13 13 ... 13 S respective candidates so as to indicate 13 13 ... 13 the order of your 13 13 ... 13 preference for them 13 13 ... 13 13 13 ... 13 Ungrouped 13 13 ... 13 1 13 13 ... 13 1 13 13 ... 13 1 13 13 ... 13 1 13 13 ... 13 1 561281B.I-10/6/2008 28 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 3--Amendment of the City of Melbourne Act 2001 s. 48 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.". __________________ 561281B.I-10/6/2008 29 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Part 4--Repeal of Amending Act s. 49 PART 4--REPEAL OF AMENDING ACT 49 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. 5 Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 561281B.I-10/6/2008 30 BILL LA INTRODUCTION 10/6/2008

 


 

Local Government Amendment (Elections) Bill 2008 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561281B.I-10/6/2008 31 BILL LA INTRODUCTION 10/6/2008

 


 

 


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