{"id":"senate-elections-act-1958","name":"Senate Elections Act 1958","slug":"senate-elections-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178560,"registerId":"vic-senate-elections-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Senate Elections Act 1958","content":"Version No. 024\n\n**Senate Elections Act 1958**\n\n**No. 6365 of 1958**\n\nVersion incorporating amendments as at  \n18 October 2012\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 1\n\n2 Repeal and savings 1\n\n3 Power to fix dates for election and place of nomination 2\n\n4 Limits within which dates may be fixed 2\n\n5 Dates and place of nominations to be specified in the writ 3\n\n6 Time for nomination 3\n\n7 Polling places 3\n\n8 Day of polling 3\n\n9 Hours of polling 4\n\n10 Power to extend time and make provision to meet difficulties 4\n\n__________________\n\nSCHEDULE—repeal 5\n\nENDNOTES 6\n\n1. General Information 6\n\n2. Table of Amendments 7\n\n3. Explanatory Details 8\n\n**Version No.** **024**\n\n**Senate Elections Act 1958**\n\n**No. 6365 of 1958**\n\nVersion incorporating amendments as at  \n18 October 2012\n\nAn Act to consolidate the Law relating to the Election of Senators for Victoria to the Senate of the Commonwealth.[[1]](#endnote-1)\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n\t1 Short title and commencement\n\nThis Act may be cited as the **Senate Elections Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n\t2 Repeal and savings\n\n(1) The Act mentioned in the Schedule to the extent thereby expressed to be repealed is hereby repealed accordingly.\n\n(2) Except as in this Act expressly or by necessary implication provided—\n\n(a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing under that Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if that Act had not been so repealed;\n\n(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any order notice nomination matter or thing done made effected issued granted given fixed or existing or continuing by or under the repealed Act before the commencement of this Act.\n\nNo. 3769 s. 3.\n\nS. 3 amended by No. 10108 s. 4(b).\n\n\t3 Power to fix dates for election and place of nomination\n\ns. 3\n\nFor the purpose of the elections of Senators for Victoria of the Parliament of the Commonwealth the Governor in Council may from time to time by order published in the Government Gazette fix the dates for—\n\n(a) the issue of the writ;\n\nS. 3(ab) inserted by No. 10108 s. 4(a).\n\n(ab) the close of the Rolls;\n\n(b) the nomination of the candidates;\n\n(c) the polling; and\n\n(d) the return of the writ.\n\nNo. 3769 s. 4.\n\n\t4 Limits within which dates may be fixed\n\nS. 4(1) substituted by No. 10108 s. 5(a).\n\n(1) The date fixed for the close of the Rolls shall be seven days after the date of the writ.\n\nS. 4(1A) inserted by No. 10108 s. 5(a), amended by No. 24/1999 s. 45(a).\n\n(1A) Subject to subsection (1B), the date fixed for the nomination of the candidates shall not be less than 10 days nor more than 27 days after the date of the writ.\n\nS. 4(1B) inserted by No. 10108 s. 5(a).\n\n(1B) Where a candidate for an election dies, after being nominated and before twelve o'clock noon on the day fixed by the writ as the date of nomination for the election, the day fixed as the date of nomination for the election shall, except for the purposes of subsection (2), be taken to be the day next succeeding the day so fixed.\n\nS. 4(2) amended by Nos 10108 s. 5(b), 24/1999 s. 45(b).\n\n(2) The date fixed for the polling shall not be less than 23 days or more than 31 days after the date for the nomination of candidates.\n\nS. 4(3) amended by No. 31/1988 s. 28(a).\n\n(3) The date fixed for the return of the writ shall not be more than 100 days after the date of the writ.\n\nNo. 3769 s. 5.\n\nS. 5 amended by No. 10108 s. 6(a)(b).\n\n\t5 Dates and place of nominations to be specified in the writ\n\ns. 5\n\nThe writ shall bear date as of the day of issue, and the dates fixed for the close of the Rolls, the nomination of candidates the polling and the return of the writ shall be specified therein.\n\nNo. 3769 s. 6.\n\n\t6 Time for nomination\n\nNomination must be made at some time after the issue of the writ and before twelve o'clock noon on the day of nomination.\n\nNo. 3769 s. 7.\n\n\t7 Polling places\n\nThe polling shall be taken at all polling places within the State appointed under the law of the Commonwealth for the time being in force for the regulation of Parliamentary elections.\n\nNo. 3769 s. 8.\n\n\t8 Day of polling\n\nThe day fixed for the polling shall be a Saturday.\n\nNo. 3769 s. 9.\n\nS. 9 amended by No. 10108 s. 7.\n\n\t9 Hours of polling\n\ns. 9\n\nThe poll shall be open at eight o'clock in the morning and shall not close until all electors in the polling booth at six o'clock in the afternoon and desiring to vote have voted.\n\nNo. 3769 s. 10.\n\nS. 10 amended by No. 31/1988 s. 28(b).\n\n\t10 Power to extend time and make provision to meet difficulties\n\nThe Governor may by notice published in the Government Gazette provide for extending the time for holding the election or for returning the writ or meeting any difficulty which might otherwise interfere with the due course of the election and any provision so made shall be valid and sufficient.\n\n__________________\n\nSection 2.\n\nSCHEDULE\n\nSch.\n\n| *Number    of Act* | *Title of Act* | *Extent of Repeal* |\n| --- | --- | --- |\n| 3769 | **Senate Elections (Times and Places) Act 1928** | The whole |\n\n\n\n\nENDNOTES\n\nEndnotes\n\n1. General Information\n\n\nThe **Senate Elections Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.\n\n1. Table of Amendments\n\n\nEndnotes\n\nThis Version incorporates amendments made to the **Senate Elections Act 1958** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Senate Elections (Amendment) Act 1984, No. 10108/1984**\n\n| Assent Date: | 25.9.84 |\n| --- | --- |\n| Commencement Date: | 25.9.84 |\n| Current State: | All of Act in operation |\n\n\n**The Constitution Act Amendment (Electoral Procedures) Act 1988, No. 31/1988**\n\n| Assent Date: | 17.5.88 |\n| --- | --- |\n| Commencement Date: | S. 28 on 2.9.88: Special Gazette (No. 79) 2.9.88 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Senate Elections Act 1958** |\n\n\n**The Constitution Act Amendment (Amendment) Act 1999, No. 24/1999**\n\n| Assent Date: | 25.5.99 |\n| --- | --- |\n| Commencement Date: | S. 45 on 8.6.99: s. 2 |\n| Current State: | All of Act in operation |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n1. Explanatory Details\n\n\nEndnotes\n\n1. See section 9 of the Commonwealth of Australia Constitution Act. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act continues to consolidate and regulate the conduct and timing of Senate elections for Victoria as stated in its long title. Amendments have refined timing windows, polling hours and procedural detail (ss.3–4, ss.8–9), but did not broaden the geographic or subject-matter scope beyond Victoria's Senate elections; repeal/savings preserve existing arrangements (s.2; Schedule)."},"complexity_factors":["Multiple interdependent statutory timing windows that must be coordinated (s.3; s.4(1A), s.4(2), s.4(3)).","Special rule for candidate death that alters nomination timing (s.4(1B)) introducing conditional adjustment.","Executive discretion concentrated in the Governor in Council to fix dates and, separately, in the Governor to extend times and address difficulties (s.3; s.10).","Cross-reference to Commonwealth law for appointment of polling places, creating dependency on external instruments (s.7).","Formal requirements tied to the writ (dates specified in the writ and nomination timing) require administrative precision (s.5; s.6).","Savings and repeal provisions preserve continuity of pre-existing instruments and arrangements, raising transitional compliance considerations (s.2; Schedule).","Amendments over time have added and refined timing rules, so understanding current operation requires reading historical amendments and endnotes."],"plain_english_summary":"This Act prescribes how Senate elections for Victoria are run: it gives the Governor in Council the power to set dates for writ issue, roll close, nominations, polling and return (s.3), sets fixed timing windows between those events (s.4), mandates Saturday polling and polling hours (ss.8–9), and allows the Governor to extend times to meet difficulties (s.10).\n\nIt affects electoral administrators, candidates and voters by imposing deadlines and administrative duties; costs fall on electoral officials and candidates required to comply, while the Governor holds discretion to alter timing in emergencies."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: providing the procedural machinery for Victorian Senate elections. The amendments since 1958 (1984, 1988, 1999) have been minor technical updates—adding the 'close of the Rolls' timeframe, adjusting day-counts for nominations and polling, and updating references—without expanding the Act into broader electoral administration or policy areas."},"complexity_factors":["Short statute: only 10 operative sections plus a schedule","Minimal defined terms: no dedicated interpretation section; terms like 'writ' and 'Governor in Council' rely on ordinary or constitutional meaning","Linear structure: provisions follow chronological order of election process (writ → rolls → nominations → polling → return)","Limited cross-referencing: only internal references to subsections (e.g., s. 4(1B) refers to s. 4(2)) and one reference to Commonwealth electoral law for polling places","Simple conditional logic: primarily date calculations (e.g., 'not less than 23 days nor more than 31 days') with one exception for candidate death (s. 4(1B))","Straightforward savings provision: standard repeal and continuity clause (s. 2) without nested exceptions"],"plain_english_summary":"**What this law does:**\n\nThis is a Victorian law that sets the rules for how elections are held to choose Victoria's Senators (the 12 people who represent Victoria in the Australian Senate in Canberra).\n\n**Key things it covers:**\n\n*   **Who triggers the election:** The Victorian Governor in Council (the Governor acting on ministerial advice) issues a formal document called a **writ** that officially starts the election process.\n*   **Timeline:** It sets strict deadlines between key steps:\n    *   **Close of the Rolls:** 7 days after the writ is issued (this is when voter registration closes).\n    *   **Nominations:** 10–27 days after the writ (when people officially put their hand up to be candidates).\n    *   **Polling day:** 23–31 days after nominations close, and it must be a **Saturday**.\n    *   **Return of the writ:** Within 100 days of issue (when the results are officially declared).\n*   **Voting details:** Polling places are the same as federal elections, voting runs from 8am to 6pm (with anyone already in line at 6pm allowed to vote).\n*   **Safety net:** The Governor can extend deadlines or fix problems if something goes wrong during the election.\n\n**Who it affects:**\n\n*   Victorian voters (when they vote for federal Senators).\n*   Political parties and candidates (who must meet nomination deadlines).\n*   The Victorian Government (which administers the state side of federal Senate elections).\n\n**Why it matters:**\n\nEven though Senators are part of the *federal* Parliament, the *states* run the elections to choose them. This law is the machinery that makes Victorian Senate elections happen—without it, there would be no legal basis for setting dates, accepting nominations, or holding the poll. It ensures federal elections happen on time and fairly within Victoria."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained largely as originally made, with no significant amendments or scope changes visible in the version history provided. However, the lack of substantive legislative text makes a definitive assessment of scope evolution impossible."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history visible, preventing full assessment of substantive complexity","Involves intersection of state and federal constitutional law (which can be complex in principle)","Age of the legislation (1958) may mean outdated drafting style and terminology","Electoral law generally involves procedural detail, but this appears to be a narrow, specific Act rather than a comprehensive electoral code","Limited amendments visible in version history suggesting the Act has remained relatively static and contained"],"plain_english_summary":"The Senate Elections Act 1958 (Victoria) is a state law setting out how Victoria handles the administrative aspects of Australian Senate elections — filling gaps between federal electoral law and state-level administration. It affects Victorian voters, state electoral officials and prospective Senate candidates by governing state responsibilities in those elections.\n\nNote: the supplied extract contains little substantive legislative text (mostly metadata/version history); a full provision-by-provision analysis isn’t possible from this extract."}},"importantCases":[],"_links":{"self":"/api/acts/senate-elections-act-1958","history":"/api/acts/senate-elections-act-1958/history","analysis":"/api/acts/senate-elections-act-1958/analysis","conflicts":"/api/acts/senate-elections-act-1958/conflicts","importantCases":"/api/acts/senate-elections-act-1958/important-cases","documents":"/api/acts/senate-elections-act-1958/documents"}}