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Electoral (Amendment) Bill
Victorian Legislation and Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 sets out the purpose of the Bill.
Clause 2 sets out that the Act comes into operation on the day after the day
on which the Act receives Royal Assent.
Clause 3 amends section 19(2)(c) of the Electoral Act 2002 (the Act)
which sets out those powers that the Victorian Electoral
Commission (VEC) cannot delegate. The effect of this
amendment is to allow the VEC to delegate the power to allow or
disallow a ballot-paper at a recount when the number of ballot-
papers reserved for the VEC's decision cannot determine whether
a particular candidate is declared elected.
Clause 4 amends section 29(3) of the Act which deals with the processing
of enrolment applications at the close of the roll. Currently,
section 29(3) of the Act provides that the VEC must not include
on an electoral roll for an election the names of any electors who
have been added to the register of electors after the close of the
roll or any changes to electors' particulars on the register made
after the close of the roll.
In practice, the VEC receives thousands of enrolments or changes
of enrolments at the last minute before the close of the roll for a
State election. Even though the enrolment cards are received
before the close of the roll, they cannot be processed before the
close of the roll. In practical terms the processing may continue
for a day after the close of the roll.
This amendment provides that the VEC must not include on the
roll any electors whose enrolment claim has been received after
the close of the roll or change any particulars which have been
received after the close of the roll.
Clause 5 substitutes section 41(1)(a) of the Act which deals with the
determination of objections to enrolment. Section 41(1)(a) of the
Act currently provides that the VEC must determine an objection
to a person's enrolment immediately on receipt of the person's
answer to the VEC's notice of objection.
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The amendment enables the VEC to make further enquiries
following the receipt of an answer to an objection and to
determine the objection following such enquiries.
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Clause 6 amends section 66 of the Act to insert a new section 66(4).
Section 66 deals with the use of a licensed premises as a voting
centre. The amendment clarifies that any school or other
organisation that has been granted a limited liquor licence under
the Liquor Control Reform Act 1998 to sell liquor on election
day cannot sell liquor during the hours of voting if the school or
organisation has facilities that are being used as a voting centre.
Clause 7 amends section 95(1) of the Act which makes provision for
persons who are unable to write. The amendment will allow the
witness to a declaration or application under Part 6 of the Act to
note on the form that the person who is required to sign the form
is not able to sign because of the person's physical incapacity,
replacing the requirement for the person to sign his or her name
or make a mark in such cases.
Clause 8 amends section 109 of the Act to insert new sub-sections (1A)
and (1B). Section 109 deals with absent voting. New sub-
section (1A) will allow the application of the early voting
provisions set out in sections 90 to 96 of the Act to apply to
absent voters where the electoral roll is available to the election
official. This will allow absent voters to place their ballot-papers
directly into a ballot box rather than having to complete a
declaration envelope and enclose their ballot-papers in the
envelope. New sub-section (1B) makes it clear that if it is not
possible to use the provisions applicable to early voting then sub-
sections (2) to (8) continue to apply to a person claiming to vote
as an absent voter.
Clause 9 amends section 156(1) of the Act which restricts the distribution
of printed electoral material during the hours of voting.
This amendment clarifies that this provision applies only on
election day.
Clause 10 amends the definition of "relevant licence" in section 206 of the
Act. A relevant licence will now also include a licence held
under section 12 or 20 of the Gaming and Betting Act 1994.
This amendment means that Tabcorp Holdings Ltd. will now be
subject to the cap on political donations provided for in section
216 of the Act. New section 206(5) is an application provision.
This new section makes it clear that the cap on political donations
will only apply in relation to donations made by Tabcorp
Holdings Ltd. after the commencement of clause 10.
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Clause 11 amends section 216 of the Act to insert new sub-sections (3)
and (4). Section 216 deals with the cap on political donations.
The effect of the new sub-section (3) is to remove existing
Victorian Legislation and Parliamentary Documents
paragraph (b). This limits the meaning of a related company for
the purposes of section 216 of the Act. This has been done
because there may be little, or no, relationship between a relevant
licence holder and a shareholder in a related body corporate.
Consequently, a relevant licence holder may make a donation to a
political party that inadvertently breaches the cap because a
shareholder in a related body corporate has also made a donation
in the same financial year. New sub-section (4) is an application
provision. This new sub-section ensures that any donation made
since the Act came into operation by a shareholder in a related
body corporate does not count towards the cap on political
donations.
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