Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Electoral Legislation (Further Amendment) Bill
As Sent Print
EXPLANATORY MEMORANDUM
General
This Bill amends the Electoral Act 2002, the Constitution Act 1975, the
Constitution (Parliamentary Reform) Act 2003 and the Local
Government Act 1989.
Clause Notes
PART 1--PRELIMINARY
Clause 1 provides that the purpose of the Bill is to amend the Electoral
Act 2002, the Constitution Act 1975, the Constitution
(Parliamentary Reform) Act 2003 and the Local Government
Act 1989 to improve the operation of the electoral system in
Victoria.
Clause 2 provides for the commencement of the Bill on the day after the
day on which it receives Royal Assent.
PART 2--ELECTORAL ACT 2002
Clause 3 amends section 24 of the Electoral Act 2002 by including
electors who have attained 70 years of age in the categories of
people eligible to apply to the Victorian Electoral Commission to
enrol as a general postal voter.
Clause 4 amends section 44(2) of the Electoral Act 2002 to provide that a
reference in the Electoral Act 2002 to the registered officer of a
registered political party includes a reference to the deputy
registered officer.
1
551263 BILL LA AS SENT 18/5/2005
Clause 5 amends the Electoral Act 2002 by inserting new sections 58A
to 58D.
Inserts new section 58A which provides that a registered political
party must apply for re-registration no later than 30 June 2006
and subsequently in the period beginning 27 months before the
next scheduled general election and ending 25 months before the
next scheduled general election. If a registered political party
fails to re-register in accordance with section 58A(1)(b), the
earliest the political party can apply for re-registration is
19 months prior to the next scheduled general election.
Inserts new section 58B which sets out the requirements for an
application for re-registration of a registered political party.
These requirements are the same as for the initial registration of a
political party and the application fee for re-registration is set at
50 fee units.
Inserts new section 58C which provides that in the period
between the issue and return of the writ for an election--
· the Victorian Electoral Commission must neither
consider an application for re-registration of a political
party, nor re-register a registered political party; and
· the Victorian Civil and Administrative Tribunal must
neither review a decision made on an application for
re-registration of a registered political party, nor make
an order in relation to an application for re-registration
of a registered political party.
This is consistent with the current restrictions on registering a
political party during the election period.
Inserts new section 58D which provides that if the Victorian
Electoral Commission determines that a registered political party
may be re-registered, the Commission must re-register the
registered political party by entering the date on which the
re-registration was approved, into the Register of Political
Parties, give written notice of re-registration to the registered
political party and publish notice of the re-registration in the
Government Gazette.
If the Victorian Electoral Commission determines that a
registered political party should not be re-registered, the
Commission must give written notice to the political party
together with reasons for refusal of the application.
The Commission must cancel the particulars in the Register
of Political Parties.
2
Clause 6 amends section 60 of the Electoral Act 2002 to provide that a
decision to refuse an application for re-registration of a registered
political party under section 58B is a decision that is reviewable
by the Victorian Civil and Administrative Tribunal.
Clause 7 substitutes a new Division 5 of Part 5 of the Electoral Act 2002.
Replaces section 77 of the Electoral Act 2002 and provides that
a person may submit a how-to-vote card to the election manager
for registration by the Victorian Electoral Commission at any
time in the period that starts on the first working day after the
final nomination day and ending at noon on the 6th working day
before election day.
A person submitting a how-to-vote card to the election manager
for registration by the Victorian Electoral Commission must
make a declaration in the prescribed form.
The election manager may provide assistance to the applicant
before submitting the how-to-vote card to the Victorian Electoral
Commission for registration.
The election manager must immediately forward the how-to-vote
card and the declaration to the Victorian Electoral Commission
for registration.
Replaces section 78 of the Electoral Act 2002 and provides that
the registered officer of a registered political party or his or her
appointee may submit a how-to-vote card to the Victorian
Electoral Commission for registration at any time within the
period that starts on the first working day after the final
nomination day and ends at noon on the 6th working day before
election day.
A person submitting a how-to-vote card to the Commission for
registration must make a declaration in the prescribed form.
A how-to-vote card submitted to the Victorian Electoral
Commission for registration must be either a signle how-to-vote
card or a multiple electorate how-to-vote card.
The Victorian Electoral Commission may provide assistance to
the applicant before submission of the how-to-vote card to the
Commission for registration.
Inserts a new section 79 which provides for the registration
process for how-to-vote cards. Before noon on the next day after
receiving a how-to-vote card from the applicant or an election
manager, the Victorian Electoral Commission must decide
whether or not to register the how-to-vote card and inform the
applicant of the decision.
3
There are several factors that the Victorian Electoral Commission
must have regard to, when determining whether to register a
how-to-vote card or not. The matters to be considered are
whether the how-to-vote card clearly identifies the relevant
person, political party, organisation or group, the size of the logo,
emblem or insignia should not be less than the prescribed size,
the card indicates the order of voting preference for all candidates
listed on the card or contains a statement that a number must be
placed against the name of each candidate; that the how-to-vote
card contains the authorisation and publication details required
by section 83; and that the how-to-vote card contains the
prescribed endorsement that the Victorian Electoral Commission
has registered the how-to-vote card.
The Victorian Electoral Commission must refuse to register a
how-to-vote card if the Commission is satisfied that the how-to-
vote card is likely to mislead or deceive electors when they cast
their votes, or is likely to induce the elector to cast an informal
vote or if the card contains offensive or obscene material.
Inserts a new section 80 which applies if an alteration is required
to a registered how-to-vote card to correct an error in that card.
If an alteration is required to a registered how-to-vote card the
person who applied for the registration may submit an amended
version of the registered how-to-vote card no later than noon on
the 5th working day prior to the election day. The Victorian
Electoral Commission must make the decision to either register
the amended how-to-vote card or refuse to register the amended
how-to-vote card before noon on the day after receiving the
application to amend the registered how-to-vote card.
The Commission must then inform the applicant of the decision.
When determining whether to register an amended version of a
registered how-to-vote card, the Commission must have regard to
the same matters that it considers when deciding whether to
register a how-to-vote card.
The Commission must refuse to register an amended version of a
registered how-to-vote card if the Commission is satisfied that
the amended how-to-vote card is likely to mislead or deceive
electors when they cast their votes, or is likely to induce the
elector to cast an informal vote or if the card contains offensive
or obscene material.
An amended version of a registered how-to-vote card cannot be
distributed unless it has been registered.
4
Inserts section 81 which provides that the applicant for
registration of a how-to-vote card or registration of an amended
how-to-vote card must immediately provide the Commission
with 2 copies of that registered how-to-vote card.
Inserts section 82 which provides that the Commission must
make a copy of the registered how-to-vote card or registered
amended how-to-vote card available for inspection as soon as
possible after registration of that how-to-vote card.
Inserts section 82A which provides for review of the
Commission's decision to register a how-to-vote card or an
altered how-to-vote card. Any person may apply to the Victorian
Civil and Administrative Tribunal for review of the
Commission's decision no later than noon on the next working
day after the Commission has advised the applicant of the
decision whether to register the how-to-vote card or amended
how-to-vote card. The Tribunal must determine the application
or give the applicant and the Commission directions on the
changes required to obtain registration by the Commission, no
later than 5:00 pm on the next working day after receiving an
application for review of the Commission's decision.
Clause 8 inserts a new section 97A into the Electoral Act 2002 which
permits the election manager of an election day voting centre to
temporarily suspend voting at an election day voting centre in
specified circumstances. The election manager must ensure that
people attending the voting centre to vote are provided with
information to assist them to vote, including the time the voting
centre is due to re-open and the location of other voting centres.
If the election day voting centre cannot be re-opened on election
day, the Commission must adjourn the holding of the election at
the election day voting centre in accordance with the provision
relating to adjournment in section 97.
Clause 9 substitutes a new section 98 into the Electoral Act 2002 which
will repeal the existing categories of electors who may apply to
vote early and or by post. The new section 98 will permit a
person to apply to vote early or by post if that person makes a
declaration in their application that he or she will be unable to
attend an election day voting centre during the hours of voting on
election day. This will enable any elector who is able to make
that declaration and who wishes to apply for early or postal
voting, to do so.
Clause 10 amends section 99(1)(a) of the Electoral Act 2002 to change
from 2 p.m. to 4 p.m. the time from which applications to vote
early can be made on the final nomination day.
5
Clause 11 amends section 180 of the Electoral Act 2002 to provide that the
deposit paid by a candidate upon nomination must be refunded to
either the person who paid the deposit or the person authorised in
writing by the person who paid the deposit.
Clause 12 amends section 181 of the Electoral Act 2002 to exempt
nomination deposits from being paid into the Consolidated Fund
until after deposits have been refunded. This will enable deposits
to be paid into a trust account and only forfeited deposits to be
paid into the Consolidated Fund.
Clause 13 repeals sections 187 to 205 of the Electoral Act 2002, which are
spent provisions.
PART 3--CONSTITUTION ACT 1975
Clause 14 amends section 49 of the Constitution Act 1975 to clarify which
public officers cannot sit in Parliament. Victorian or
Commonwealth public servants and any person who holds any
office or place of profit under the Crown (of Victoria or any other
Crown) cannot sit in Parliament unless expressly permitted to do
so and their election is null and void.
Clause 15 amends section 61 of the Constitution Act 1975 which sets out
those circumstances in which a public servant or holder of any
office or place of profit under the Crown, may sit in Parliament.
The amendment provides that holders of any office or place of
profit under the Crown (Victorian or other) and Victorian or
Commonwealth public servants may be elected to Parliament, but
upon the election that person ceases to hold that office or place of
profit under the Crown or their employment in the public service
is deemed to have ceased.
PART 4--CONSTITUTION (PARLIAMENTARY REFORM)
ACT 2003
Clauses 16 to 20 amend the Constitution (Parliamentary Reform) Act
2003 so that these amendments will come into operation upon the dissolution
of the Parliament when a general election will be held. These amendments
ensure that the relevant provisions will be consistent with other provisions
amended by the Constitution (Parliamentary Reform) Act 2003.
Clause 16 inserts a new section 25A into the Constitution (Parliamentary
Reform) Act 2003. Section 25A will amend section 58 of the
Electoral Act 2002 so that the reference to a "simultaneous
election" is amended to a "general election".
6
Clause 17 inserts a new section 27(2A) into the Constitution
(Parliamentary Reform) Act 2003 which amends section 69 of
the Electoral Act 2002 so that the number of signatories required
on the nomination form for an independent candidate is 6 in the
case of an Assembly election and 50 in the case of a Council
election.
Clause 18 inserts a new section 34 into the Constitution (Parliamentary
Reform) Act 2003 which amends the how-to-vote card
provisions of the Electoral Act 2002 to specify the criteria for a
how-to-vote card for a Legislative Council election. This is
consequential on Clause 7.
Clause 19 amends proposed section 114A of the Electoral Act 2002 to be
inserted by section 40 of the Constitution (Parliamentary
Reform) Act 2003 to resolve an apparent contradiction between
sub-sections 114A(18) and (25). This amendment to proposed
section 114A will resolve a contradiction in the way the final
vacancy in Legislative Council counts is to be determined.
If there are only two continuing candidates for the final vacancy,
all surpluses from elected candidates must be transferred and all
preferences from excluded candidates must be distributed before
the candidate with the larger number of votes is elected, and if
there is a tie for the final vacancy, the result will be determined
by lot.
Clause 20 inserts section 40A into the Constitution (Parliamentary
Reform) Act 2003 to amend section 180(1) of the Electoral Act
2002 to provide that in Legislative Council elections, if the
combined first preference votes for the candidates in a group are
more than 4% of the total, deposits are returned for all the
candidates in that group.
PART 5--LOCAL GOVERNMENT ACT 1989
Clause 21 amends schedule 3 of the Local Government Act 1989 to
provide that if on the final count, 2 candidates have an equal
number of votes, the result is to be determined by lot.
7