Victorian Current Acts

ELECTORAL ACT 2002

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose and outline of Act  
   2.      Commencement  
   3.      Definitions  
   3A.     Homeless persons  
   4.      Electoral matter  
   5.      Extraterritorial operation of Act  

   PART 2--VICTORIAN ELECTORAL COMMISSION

   6.      Victorian Electoral Commission  
   7.      Constitution of Commission  
   8.      Responsibility and functions of the Commission  
   9.      Powers of the Commission  
   10.     Commission not subject to direction or control  
   11.     Election manual and guidelines  
   12.     The Electoral Commissioner  
   13.     Deputy Electoral Commissioner  
   14.     Suspension from office  
   15.     Other terms and conditions  
   16.     Functions, powers and duties  
   17.     Staff  
   17A.    Application of the Equal Opportunity Act 2010  
   18.     Election managers and election officials  
   19.     Delegations  
   19A.    Mandatory notification of corrupt conduct to IBAC  
   19B.    Consultation prior to notification  
   19C.    Communication of information to the IBAC  
   19D.    Electoral Commissioner not to prejudice investigations of the IBAC  

   PART 3--ENROLMENT PROCEDURES AND INFORMATION

           Division 1--Register of electors

   20.     Arrangement with Commonwealth  
   21.     Register of electors for Victoria  
   22.     Entitlement to enrolment of electors for Assembly and Council  
   23.     Claims for enrolment and notice of change of address  
   23A.    Enrolment by the Commission  
   24.     General postal voters  
   25.     Power to refuse to include inappropriate names on register  
   26.     Information to be supplied to Commission  
   27.     Review of register of electors  
   28.     Register of electors not available for public inspection  

           Division 2--Electoral rolls

   29.     Electoral rolls  
   30.     Correction of errors in electoral rolls  
   31.     Request to be silent elector  
   32.     Inspection of list of electors and electoral rolls  

           Division 3--Enrolment information

   33.     Provision of enrolment information to political parties, members and candidates  
   34.     Provision of enrolment information to others  
   35.     Report to Parliament  
   36.     Use of enrolment information  
   37.     Prohibition of disclosure or commercial use of enrolment information  

           Division 4--Enrolment objections and Tribunal reviews

   38.     Objections to enrolment  
   39.     Notice of objection  
   40.     Answer to objection  
   41.     Determination of objection  
   42.     Review by Tribunal  

   PART 4--REGISTRATION OF POLITICAL PARTIES

   43.     Register of Political Parties  
   44.     Registered officer of a political party  
   45.     Application for registration  
   46.     Political party or logo not to be registered during election  
   47.     Political parties with certain names not to be registered  
   47A.    Certain logos not to be entered in Register of Political Parties  
   48.     Variation of application  
   49.     Publication of notice of application  
   50.     Registration  
   51.     Changes to Register of Political Parties  
   52.     Commission to review registration of political parties  
   53.     Voluntary de-registration  
   54.     De-registration of party not endorsing candidates  
   55.     De-registration of political party on failure to provide information and documents  
   56.     De-registration of political party on other grounds  
   57.     De-registration  
   58.     De-registered political party is ineligible for registration  
   58A.    Registered political party must apply for re‑registration  
   58B.    Application for re-registration  
   58C.    Political party not to be re-registered during election  
   58D.    Re-registration  
   59.     Inspection of Register of Political Parties  
   60.     Review of certain decisions  

   PART 5--ELECTION PROCEDURES

           Division 1--Writs

   61.     Writs for elections  
   62.     Vacancy occurring by reason of resignation to contest Commonwealth election  
   63.     Issue of writ and days appointed  
   64.     Duties of Commission on receipt of writ  

           Division 2--Voting centres

   65.     Appointment of voting centres  
   66.     Use of licensed premises as voting centre  
   67.     Use of prescribed premises as voting centre  

           Division 3--Nominations and candidates

   68.     Commission to make particulars of candidates available  
   69.     Nomination of candidates  
   69A.    Grouping of candidates for Council elections  
   69B.    Group voting tickets  
   70.     Rejection of nominations  
   71.     Retirement of candidate  
   72.     Failed election  

           Division 4--Arrangements for holding elections

   73.     When election is required  
   73A.    Group voting tickets to be displayed  
   74.     Ballot-papers to be prepared  
   75.     Notification of election  
   76.     Provisions relating to scrutineers  

           Division 5--How-to-vote cards

   77.     Submission of how-to-vote cards to the election manager  
   78.     Submission of how-to-vote cards to the Commission  
   79.     Registration process  
   80.     Alterations to registered how-to-vote card to correct error  
   81.     Supply of how-to-vote cards  
   82.     Commission to make how-to-vote cards available  
   82A.    Review of the Commission's decision  

           Division 6--Electoral matter

   83.     Printing and publication of electoral advertisements, handbills, pamphlets or notices  
   83A.    Printing and publication of how-to-vote cards  
   84.     Misleading or deceptive matter  
   85.     Heading to electoral advertisements  
   86.     Authors to be identified  

   PART 6--VOTING

           Division 1--Entitlement to vote

   87.     Voting at elections  

           Division 2--Voting at an election day voting centre

   88.     Ballot-box to be exhibited before voting  
   89.     Hours of voting  
   90.     Questions to be asked of voter  
   91.     Election official may require voter to make declaration as to identity  
   92.     Elector to receive ballot-paper  
   93.     How votes to be marked by elector in Assembly election  
   93A.    How votes to be marked by elector in Council election  
   94.     Electors requiring assistance  
   95.     Provision for persons unable to write  
   96.     Spoilt ballot-papers  
   97.     Provisions relating to adjournments  
   97A.    Temporary suspension of voting at an election day voting centre  

           Division 3--Early voting and postal voting

   99.     Application to vote early  
   100.    Interstate and overseas voting centres  
   101.    Application to vote by post  
   102.    Duty of authorised witness in witnessing signature  
   104.    Issue of declaration and ballot-paper to postal voters  
   104A.   Information to be provided to registered political parties and candidates  
   105.    Issue of declaration and ballot-paper to general postal voters  
   106.    Directions for postal voting  

           Division 4--Specific provisions

   107.    Provision of silent elector's address  
   108.    Provisional voting  
   109.    Provisions as to voting by absent voters  
   110.    Elector claiming to vote whose name on roll has been marked  

   PART 6A--ELECTRONIC VOTING AND ELECTRONIC ASSISTED VOTING

           Division 1--Electronic voting

   110A.   Application of Part 6 to electronic voting  
   110B.   No entitlement to electronic voting  
   110C.   Availability of electronic voting  
   110D.   Who can access electronic voting?  

           Division 2--Electronic assisted voting

   110E.   Application of Part 6 to electronic assisted voting  
   110F.   Availability of electronic assisted voting  
   110G.   Who can access electronic assisted voting?  
   110H.   Commission to approve procedures for electronic assisted voting  

           Division 3--General

   110HA.  Definition  
   110HB.  Approval of computer program or system for electronic voting and electronic assisted voting  
   110HC.  Security arrangements  
   110HD.  Ballot-papers  
   110HE.  Voting  
   110I.   Offence in relation to electronic voting and electronic assisted voting  

   PART 7--ELECTION RESULTS

   110J.   Early processing of votes under sections 99 and 106  
   111.    Preliminary scrutiny of declaration votes  
   112.    Rejection of ballot-papers  
   112A.   Certain Council ballot-papers with non-consecutive numbers to be formal  
   112B.   Council ballot-papers deemed to be marked according to group voting tickets  
   113.    Procedure to ascertain number of votes when 2 candidates only for Assembly election  
   114.    Procedure to ascertain the number of votes where more than 2 candidates for Assembly election  
   114A.   Procedure for ascertaining number of votes for Council candidates  
   115.    Use of electronic counting equipment  
   116.    Indicative two candidate preferred distribution of preferences  
   117.    Determination of tied election  
   118.    Adjournment of count of votes  
   119.    Preference distribution for information purposes  
   120.    Recount of ballot-papers before declaration of election  
   121.    Declaration of result  
   122.    Ballot material to be secured and stored  
   123.    Election information  

   PART 8--COURT OF DISPUTED RETURNS

           Division 1--Constitution and powers

   124.    The Court of Disputed Returns  
   125.    Powers of Court  
   126.    Court must act fairly  
   127.    General procedure  
   128.    Legal representation  
   129.    Decisions to be final  
   130.    Costs  
   131.    Other costs  
   132.    Consequences of Court's declarations  

           Division 2--Disputing validity of election

   133.    Method of disputing elections  
   134.    Who may dispute an election  
   135.    Requirements of petition  
   136.    Right of Commission to be represented  
   137.    Evidence that person not permitted to vote  
   138.    Inquiries by Court of Disputed Returns  
   139.    Election not to be void unless result affected  
   140.    Voiding election for certain offences  
   141.    Copies of petition and order of Court to be sent to Clerk of Parliaments  
   142.    Deposits applicable for costs  

           Division 3--Referral of qualification or vacancy

   143.    Reference of question as to qualification or vacancy  
   144.    Speaker or President to state case  
   145.    Parties to the reference  
   146.    Powers of Court of Disputed Returns  
   147.    Order to be sent to Clerk of the Parliaments  

   PART 9--ENFORCEMENT AND OFFENCES

           Division 1--Offences

   148.    False information  
   149.    Forging or uttering electoral papers  
   150.    Voting offences  
   151.    Bribery  
   152.    Interference with political liberty  
   153.    Tampering  
   153A.   Application provision  
   154.    Secrecy of vote  
   155.    Prohibition of publicly disseminating exit poll results during the hours of voting  
   156.    Distribution of printed electoral material  
   157.    Power to request handing over of how-to-vote cards  
   158.    Conduct near voting centres  
   158A.   Exhibit of notice or sign within 100 metres of entrance to voting centre  
   159.    Prohibition of use of public address systems during hours of voting  
   160.    Offence to impersonate  
   161.    Offence by certain persons  

           Division 2--Enforcement of compulsory voting

   162.    Commission to prepare list of non-voters  
   163.    Notice to electors who have not voted  
   164.    Replies by or on behalf of electors  
   165.    List to be evidence  
   166.    Offences  
   167.    Power to serve infringement notice  
   170.    Penalties to be paid for offences under infringement notices  

           Division 3--General enforcement provisions

   174.    Powers of election manager and election official  
   175.    Institution of proceedings for offences  
   176.    Injunctions  
   177.    Time for certain proceedings to be commenced  

   PART 9A--REFERENDUMS

   177A.   Purpose of this Part  
   177B.   Application of provisions relating to elections  
   177C.   Distribution of arguments for and against Bill to electors  
   177D.   Issue of writ  
   177E.   Copy of Bill or statement  
   177F.   Duties of Commission on receipt of writ  
   177G.   Electors who are entitled to vote  
   177H.   Voting to be by ballot  
   177I.   Form of ballot-papers  
   177J.   Rejection of ballot-paper  
   177K.   Declaration of the result  

   PART 10--GENERAL

   178.    Evidentiary provisions  
   179.    Offences by corporations  
   179A.   Criminal liability of officers of bodies corporate—accessorial liability  
   180.    Refunds of deposits  
   181.    Appropriation of money  
   182.    Specified day  
   183.    Supreme Court—limitation of jurisdiction  
   184.    Regulations  

   PART 11--TRANSITIONAL AND CONSEQUENTIAL

   185.    Repeal  
   186.    Transitional provisions  
   187.    Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013  

   PART 12--ELECTION EXPENDITURE AND POLITICAL DONATIONS

           Division 1--Preliminary

   206.    Definitions  
   207.    Campaign committee to be treated as registered political party  

           Division 1A--Register of Agents

   207A.   Register of Agents  
   207B.   Appointment of agent by a candidate at an election, group or elected member  
   207C.   Agent of associated entity, third party campaigner or nominated entity  
   207D.   Requirements in relation to appointment of agent  
   207E.   When is appointment of agent in effect?  

           Division 1B--State campaign account

   207F.   State campaign account  

           Division 1C--Administrative Expenditure Funding

   207G.   Definitions  
   207GA.  Entitlement to administrative expenditure funding  
   207GB.  Request to Commission to receive administrative expenditure funding  
   207GC.  Annual return  
   207GD.  Audit of annual return  
   207GE.  Powers of Commission  
   207GF.  Recovery of administrative expenditure funding  
   207GG.  Prohibition on the payment or use of administrative expenditure funding  

           Division 2--Public Funding

   208.    Statement of expenditure  
   209.    Audit of statement  
   210.    Powers of Commission  
   211.    Entitlement  
   212.    Making of payments  
   212A.   Instalment payments of public funding entitlement  
   212B.   Special rule for instalment payments of public funding entitlement in relation to 2022 general election  
   213.    Death of a candidate  
   215.    Appropriation  

           Division 2A--Policy development funding

   215A.   Policy development funding  
   215B.   Audit of statement  
   215C.   Powers of Commission  
   215D.   Making of payments  

           Division 3--Disclosure of political donations

   216.    Disclosure of political donations  
   217.    Commission to publish disclosure return  

           Division 3A--Prohibited political donations

   217A.   Political donation from certain sources banned  
   217B.   Anonymous political donation not to be accepted  
   217C.   Forfeiture of political donations accepted in contravention of this Division  

           Division 3B--General cap on donations

   217D.   General cap  
   217E.   Aggregation  
   217F.   Limit on political donations to third-party campaigners  
   217G.   Forfeiture of political donations accepted in contravention of this Division  

           Division 3C--Annual returns and other information

   217H.   Two or more amounts  
   217I.   Annual return by registered political party  
   217J.   Annual return by associated entities  
   217K.   Annual return by third party campaigners  
   217L.   Annual return by nominated entities  
   217M.   Annual return by registered agent of a candidate, group or elected member  
   217N.   Annual returns not to include lists of membership  
   217NA.  Annual returns in respect of financial year commencing on 1 July 2018  
   217O.   Information to be provided by associated entities and nominated entities  
   217P.   Commission to publish annual returns  

           Division 3D--Indexation

   217Q.   Indexation of certain amounts—consumer price index  

           Division 4--Miscellaneous

   218.    Offences  
   218A.   Offences in relation to disclosure returns and annual returns  
   218B.   Offence to enter into or carry out scheme  
   219.    Recovery of payments  
   220.    Records to be kept  
   221.    Amendment of statements, donation returns or annual returns  
   221A.   Confidential information  

           Division 4A--Powers of the Commission

   222A.   Compliance officers  
   222B.   Power to issue notice  
   222C.   Review of decision to issue notice  
   222D.   Offences in relation to notice issued under section 222B  
   222DA.  Electronic lodgement of disclosure returns and annual returns  
   222DB.  Review to be conducted  
   222DC.  Review to be conducted by expert panel  
   222E.   Register of Nominated Entities  
   222F.   Nomination and eligibility for appointment as nominated entity  
   222G.   Appointment as nominated entity  
   222H.   When does an appointment as a nominated entity take effect?  
   222I.   When does an appointment as a nominated entity cease?  

           Division 5--Repeals

   223.    Repeals  

           Division 19--of Part V and the Sixteenth, Seventeenth and Eighteenth Schedules of The Constitution Act Amendment Act 1958 are repealed.

   PART 13--TRANSITIONAL PROVISION

   224.    Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Electoral Reform  
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 1B
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES