Victorian Current Acts

CONSTITUTION ACT 1975 - SECT 44

S. 44(1) amended by No. 10146 s. 4, substituted by No. 23/2002 s. 189(2).

    (1)     Subject to this Act, a person is qualified to be elected a member of the Council or the Assembly if, at the close of the roll in relation to the election for which the person is a candidate—

        (a)     the person is enrolled on the register of electors within the meaning of the Electoral Act 2002 and is entitled to vote at an election; and

        (b)     the person's principal place of residence is in Victoria.

    (2)     An elector who—

        (a)     is a judge of a court of Victoria;

        (b)     is a member of either House of the Parliament of the Commonwealth;

        (c)     is an undischarged bankrupt—

shall not be qualified to be elected a member of the Council or the Assembly.

Constitution Act s. XI.

S. 44(3) amended by No. 9576 s. 11(1).

    (3)     An elector who has been convicted or found guilty of an indictable offence which by virtue of any enactment is punishable upon first conviction by imprisonment for life or for a term of five years or more committed by him when of or over the age of 18 years under the law of Victoria or under the law of any other part of the British Commonwealth of Nations shall not be qualified to be elected a member of the Council or the Assembly.

Constitution Act s. XXVI.

No. 6224 s. 74.