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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Electoral Amendment Bill 2014
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Amendment of section 3--Definition of authorised witness 2
4 Amendment of section 4--Electoral matter 2
5 Amendment of section 23--claims for enrolment and notice of
change of address 3
6 Amendment of section 47--Political parties with certain names
not to be registered 3
7 Amendment of section 63--Issue of writ and days appointed 4
8 Amendment of section 78--Submission of how-to-vote cards to
the Commission 4
9 Amendment of section 99--Application to vote early 4
10 Amendment of section 101--Application to vote by post 4
11 Amendment of sections 102 and 103 5
12 Amendment of section 104--Issue of declaration and ballot-
paper to postal voters 5
13 Amendment of section 106--Directions for postal voting 6
14 Amendment of section 114A--clarification 6
15 Constitution Act 1975 7
16 Repeal of amending Act 7
ENDNOTES 8
571504B.I-5/8/2014 i BILL LA INTRODUCTION 5/8/2014
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Electoral Amendment Bill 2014
A Bill for an Act to amend the Electoral Act 2002 and the
Constitution Act 1975 and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to--
(a) amend the Electoral Act 2002 to improve
the operation of electoral processes; and
5 (b) amend the Constitution Act 1975 to clarify
that a Presiding Officer retains their
administrative responsibilities after the
expiry of the Parliament pending an election
until their successor is chosen.
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Electoral Amendment Bill 2014
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
5 31 October 2014, it comes into operation on that
day.
3 Amendment of section 3--Definition of authorised
witness
See: In section 3 of the Electoral Act 2002, for the
Act No.
10 23/2002. definition of authorised witness substitute--
Reprint No. 3
as at "authorised witness means a person who has
20 August
2010
attained 18 years of age and is not a
and candidate at an election;".
amending
Act Nos
26/2011,
82/2012,
13/2013,
31/2013 and
17/2014.
LawToday:
www.
legislation.
vic.gov.au
4 Amendment of section 4--Electoral matter
15 After section 4(2) of the Electoral Act 2002
insert--
"(3) For the purposes of the definition of
electoral matter, matter is not to be taken to
be intended or likely to affect voting in an
20 election only because it contains a reference
to the Government of the State or of the
Commonwealth or any other State or a
Territory of the Commonwealth or to an
agency of the Government of the State or of
25 the Commonwealth or any other State or a
Territory of the Commonwealth, if--
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Electoral Amendment Bill 2014
s. 5
(a) it identifies the Government of the State
or of the Commonwealth or any other
State or a Territory of the
Commonwealth or an agency of the
5 Government of the State or of the
Commonwealth or any other State or a
Territory of the Commonwealth having
regard to the nature and form of the
matter; and
10 (b) the nature and form of the matter is
such that it does not appear to be
intended or likely to affect voting at an
election.".
5 Amendment of section 23--claims for enrolment
15 and notice of change of address
For section 23(3) of the Electoral Act 2002
substitute--
"(3) A claim for enrolment under subsection (1)
or (2) must include or be accompanied by
20 evidence of the person's identity that is of a
kind prescribed by the regulations for the
purpose of this section.".
6 Amendment of section 47--Political parties with
certain names not to be registered
25 After section 47(d) of the Electoral Act 2002
insert--
"(da) is one that a reasonable person would think
suggests that a connection or relationship
exists between the party and a registered
30 political party if that connection or
relationship does not in fact exist; or".
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Electoral Amendment Bill 2014
s. 7
7 Amendment of section 63--Issue of writ and days
appointed
For section 63(3) of the Electoral Act 2002
substitute--
5 "(3) The day appointed for the close of the roll
must be--
(a) if the election day is fixed in
accordance with subsection (7)(a),
3 business days after the date of the
10 writ; or
(b) in any other case, 7 days after the date
of the writ.".
8 Amendment of section 78--Submission of how-to-
vote cards to the Commission
15 After section 78(3)(a) of the Electoral Act 2002
insert--
"(aa) a combined how-to-vote card, that is, a how-
to-vote card submitted with respect to one or
more electoral districts and one or more
20 electoral regions as specified in the how-to-
vote card; or".
9 Amendment of section 99--Application to vote early
For section 99(1)(a) of the Electoral Act 2002
substitute--
25 "(a) starts at 9 a.m. on the third day following the
final nomination day; and".
10 Amendment of section 101--Application to vote by
post
(1) In section 101(1) of the Electoral Act 2002, after
30 "writing" insert "or by electronic means".
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Electoral Amendment Bill 2014
s. 11
(2) After section 101(2) of the Electoral Act 2002
insert--
"(2A) An application by electronic means to vote
by post--
5 (a) must be in the prescribed form; and
(b) must contain information to enable the
Commission to verify the elector in
accordance with any verification
process determined by the
10 Commission.".
(3) In section 101(3) of the Electoral Act 2002 after
"(2)" insert "or (2A)".
11 Amendment of sections 102 and 103
(1) For section 102(2) of the Electoral Act 2002
15 substitute--
"(2) An authorised witness witnessing a written
application to vote by post must sign the
authorised witness's name in the authorised
witness's own handwriting and add the date
20 on the application.".
(2) In section 103 of the Electoral Act 2002, for
"An application" substitute "A written
application".
12 Amendment of section 104--Issue of declaration
25 and ballot-paper to postal voters
(1) In section 104(1) of the Electoral Act 2002, after
"section 101" insert "(2)".
(2) After section 104(1) of the Electoral Act 2002
insert--
30 "(1A) If the Commission receives an application to
vote by post in accordance with section
101(2A) and is satisfied that the application
is in the prescribed form and contains
information to enable the Commission to
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Electoral Amendment Bill 2014
s. 13
verify the elector in accordance with any
verification process determined by the
Commission, the Commission must--
(a) deliver or post to the applicant--
5 (i) a declaration in the prescribed
form; and
(ii) a ballot-paper; and
(b) record the name of the elector to whom
the declaration and ballot-paper has
10 been issued and the date of issuing.".
13 Amendment of section 106--Directions for postal
voting
For section 106(2)(c) of the Electoral Act 2002
substitute--
15 "(c) the authorised witness must then sign the
authorised witness's name and add the date
on the declaration;
(ca) if the elector has been issued the ballot-paper
under section 104(1A), the elector must
20 provide the information required to enable
the Commission to verify the elector in
accordance with any verification process
determined by the Commission;".
14 Amendment of section 114A--clarification
25 For section 114A(28)(c) of the Electoral Act
2002 substitute--
"(c) a transfer in accordance with subsection
(12)(b) of all the votes of an excluded
candidate or candidates, as the case may be,
30 at a particular transfer value.".
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s. 15
15 Constitution Act 1975 See:
Act No.
In section 24 of the Constitution Act 1975-- 8750.
Reprint No. 20
(a) in subsections (1) and (3), after "whether or as at
13 October
not that House" insert "expires or"; 2011
and
5 (b) in subsection (5)-- amending
Act Nos
(i) after "the Assembly" insert "expires 5/2013,
or"; 28/2013,
37/2013,
63/2013 and
(ii) after "immediately before the" insert 67/2013.
"expiry or"; LawToday:
www.
10 (c) in subsection (6)-- legislation.
vic.gov.au
(i) after "the Assembly has" insert
"expired or";
(ii) after "immediately before the" insert
"expiry or".
15 16 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
The repeal of this Act does not affect the continuing operation of
20 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571504B.I-5/8/2014 8 BILL LA INTRODUCTION 5/8/2014
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