Version incorporating amendments as at
6 April 2020
table of provisions
Section Page
Part 1—Preliminary matters 1
1 Purpose 1
2 Commencement 1
3 Definitions 2
4 Construction of Act 5
5 Application of certain provisions of the Local Government Act 2020 5
5A Docklands area is part of municipal district 5
Part 2—The Council 6
6 Constitution of the Council 6
6A Constitution of Council may be altered 6
6B Application of Schedule 1 to be specified by Order in Council 7
7 Additional objectives 7
8 Meetings between the State and the Council 8
Part 3—Elections 9
Division 1—Voters and voters' rolls 9
9 Entitlements 9
9A Persons entitled to be enrolled without application 10
9B Persons entitled to apply to be enrolled 12
9C Corporations 12
9D Procedure in relation to representatives of corporations 13
9E Limitations on right of entitlement 14
9F Procedure if there are more than 2 non-resident owners or occupiers 15
9G Provisions relating to appointments for the purposes of section 9C 16
9H Procedure on receipt of notice of appointment under section 9C 17
9I General powers relating to enrolment 17
9J Notification of change or cessation of entitlement 18
10 Request that address not be shown 19
11 Victorian Electoral Commission to prepare list 20
11A Chief Executive Officer to prepare voters' list 20
11C Public notification 21
11D Preparation of voters' rolls 23
11E Amendment of voters' roll 25
11F Inspection of certified voters' roll 26
11G Provision of voters' rolls 26
Division 2—Elections 29
12 General election 29
14 Elections to be held simultaneously 29
15 Joint nominations for Lord Mayor and Deputy Lord Mayor 30
16 Candidates may only stand for one position 30
18 How votes to be counted 31
19 Compulsory voting 32
Part 4—Council administration 35
21 Reference to Mayor or Deputy Mayor 35
23 Term of office of Lord Mayor and Deputy Lord Mayor 35
24 Filling of vacancies 36
25 Appointment of acting Deputy Lord Mayor 37
Part 5—Other matters 40
28 Differential rates 40
28A Which systems of valuing land may the Council use? 40
Part 6—Regulations 41
29 Regulations 41
Part 7—Amendments to other Acts, repeals and savings provisions 42
31 Repeal of City of Melbourne Act 1993 42
Schedules 43
Schedule 1—Provisions with respect to holding an election of Councillors 43
Schedule 2—Form of ballot-paper (fewer than 20 groups) 58
Schedule 3—Form of ballot-paper (20 or more groups) 59
Endnotes 61
1 General information 61
2 Table of Amendments 63
3 Amendments Not in Operation 67
4 Explanatory details 68
Version No.034
City of Melbourne Act 2001
No. 5 of 2001
Version incorporating amendments as at
6 April 2020
The Parliament of Victoria enacts as follows:
Part 1—Preliminary matters
1 Purpose
The purpose of this Act is—
(a) to alter the electoral structure of the City of Melbourne; and
(b) to provide for the direct election of the Lord Mayor of Melbourne and the Deputy Lord Mayor of Melbourne; and
(c) to facilitate an early election of the members of the Melbourne City Council; and
(d) to provide for greater co-ordination between the State Government and the Council in relation to matters of significance to the State of Victoria; and
(e) to transfer provisions that only affect the City of Melbourne to this Act.
2 Commencement
(1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does not come into operation before 1 January 2002, it comes into operation on that day.
3 Definitions
In this Act—
S. 3 def. of Authority inserted by No. 74/2006 s. 3, substituted by No. 10/2017 s. 32.
Authority means Development Victoria established by the Development Victoria Act 2003;
City of Melbourne means the municipal district of the Council;
S. 3 def. of Commis-sioner for Privacy and Data Protection inserted by No. 60/2014 s. 140(Sch. 3 item 6.1(a)), repealed by No. 20/2017 s. 134(Sch. 1 item 2.1(a)).
Council means the Melbourne City Council;
Deputy Lord Mayor means the Deputy Lord Mayor of the City of Melbourne;
S. 3 def. of docklands area inserted by No. 74/2006 s. 3.
docklands area has the same meaning as in the Docklands Act 1991;
S. 3 def. of election day inserted by No. 109/2003 s. 94, repealed by No. 53/2015 s. 78(b).
S. 3 def. of Electoral Commission inserted by No. 109/2003 s. 94, repealed by No. 53/2015 s. 78(b).
S. 3 def. of entitlement date inserted by No. 109/2003 s. 94, repealed by No. 9/2020 s. 332(a).
S. 3 def. of exhibition roll inserted by No. 109/2003 s. 94, repealed by No. 53/2015 s. 78(b).
S. 3 def. of exhibition roll date inserted by No. 109/2003 s. 94, repealed by No. 53/2015 s. 78(b).
general election means an election for all of the members of the Council;
S. 3 def. of Information Commis-sioner inserted by No. 20/2017 s. 134(Sch. 1 item 2.1(b)).
Information Commissioner means the Information Commissioner appointed under the Freedom of Information Act 1982 in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014;
Lord Mayor means the Lord Mayor of the City of Melbourne;
S. 3 def. of Privacy Commis-sioner inserted by No. 109/2003 s. 94, repealed by No. 60/2014 s. 140(Sch. 3 item 6.1(b)).
S. 3 def. of rateable property inserted by No. 109/2003 s. 94, amended by Nos 35/2008 s. 39, 65/2010 s. 420(Sch. 3 item 2), 9/2020 s. 332(b).
rateable property means an occupancy which is capable of being separately valued under section 13DC of the Valuation of Land Act 1960 and is rateable land but does not include an occupancy that is used, or is intended to be used, for the sole purpose of—
(a) parking a single motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986; or
(b) mooring a single vessel within the meaning of section 3(1) of the Marine Safety Act 2010; or
(c) storage, being a single lockable unit with a floor area not exceeding 25 square metres;
S. 3 def. of Registrar inserted by No. 109/2003 s. 94, amended by No. 53/2015 s. 78(a).
Registrar means—
(a) the Chief Executive Officer; or
(b) if the Council has engaged the Victorian Electoral Commission to prepare the voters' roll, the relevant officer appointed in writing by the Victorian Electoral Commission to be the Registrar.
4 Construction of Act
S. 4(1) amended by No. 9/2020 s. 333(1).
(1) This Act is to be read as if it formed part of the Local Government Act 1989 and the LocalGovernment Act 2020.
S. 4(2) amended by No. 9/2020 s. 333(2).
(2) If there is an inconsistency between this Act and the Local Government Act 1989, or this Act and the Local Government Act 2020, this Act prevails to the extent of the inconsistency.
S. 5 amended by Nos 109/2003 s. 95, 67/2008 s. 85, 64/2009 s. 62, 44/2011 s. 9, 11/2012 s. 5, substituted by No. 9/2020 s. 334.
5 Application of certain provisions of the Local Government Act 2020
Sections 13(1), 23, 25 to 27, 167(2), 240 to 254, 266 and 267 of the Local Government Act 2020 do not apply to the Council or the City of Melbourne.
S. 5A inserted by No. 74/2006 s. 4.
5A Docklands area is part of municipal district
(1) The municipal district of the City of Melbourne includes the docklands area.
(2) The addition of the docklands area to the municipal district of the City of Melbourne does not constitute a reconstitution of the Council.
Part 2—The Council
6 Constitution of the Council
(1) The Council consists of—
(a) a Lord Mayor; and
(b) a Deputy Lord Mayor; and
S. 6(1)(c) substituted by No. 9/2020 s. 335.
(c) 9 Councillors.
(2) The City of Melbourne consists of one unsubdivided ward.
(3) The Lord Mayor and Deputy Lord Mayor are Councillors of the Council.
S. 6(4) inserted by No. 74/2011 s. 3.
(4) The constitution of the Council as specified in subsection (1)(c) or (2)—
(a) may be altered as specified in section 6A;
(b) applies until an alteration is made as specified in section 6A.
S. 6A inserted by No. 74/2011 s. 4.
6A Constitution of Council may be altered
S. 6A(1) amended by No. 9/2020 s. 336(1).
(1) The Governor in Council may make an Order in Council in accordance with section 15 of the Local Government Act 2020 to alter the constitution of the Council.
(2) An Order in Council referred to under subsection (1) must not alter provisions of this Act that apply to the election of the Lord Mayor and Deputy Lord Mayor.
(3) An alteration made to the constitution of the Council by an Order in Council referred to in subsection (1) must ensure that the number of Councillors assigned to the Council is not fewer than 3 and not more than 10 (excluding the Lord Mayor and the Deputy Lord Mayor).
S. 6A(4) inserted by No. 9/2020 s. 336(2).
(4) An Order in Council referred to in subsection (1) applies to all the Councillors of the Council other than the Lord Mayor and the Deputy Lord Mayor.
S. 6B inserted by No. 74/2011 s. 4.
6B Application of Schedule 1 to be specified by Order in Council
(1) The Governor in Council may specify by Order in Council that Schedule 1 does not apply to the election of Councillors.
(2) If the Governor in Council does not make an Order in Council under subsection (1) Schedule 1 continues to apply to the election of Councillors (other than the Lord Mayor and Deputy Lord Mayor).
S. 7 amended by No. 109/2003 s. 96(1)(2) (ILA s. 39B(1)).
7 Additional objectives
(1) The Council has the following objectives—
(a) to ensure a proper balance within its community between economic, social, environmental and cultural considerations within the context of the City of Melbourne's unique capital city responsibilities;
(b) to develop and implement strategic directions and policies for the City of Melbourne in collaboration with the Government of the State to ensure alignment with that Government's strategic directions and policies for the City of Melbourne as the capital city of the State of Victoria;
(c) to co-ordinate with the State and Commonwealth Governments in the planning and delivery of services in the City of Melbourne in which those governments have an interest;
(d) to work in conjunction with the Government of the State on projects which that Government or the Council determines are significant to Melbourne.
S. 7(2) inserted by No. 109/2003 s. 96(2), amended by No. 9/2020 s. 337.
(2) This section is to be construed as being in addition to and not in derogation from sections 8, 9 and 10 of the Local Government Act 2020.
8 Meetings between the State and the Council
(1) The Premier, or his or her nominee, may convene meetings with the Council to consider any matter that, in the opinion of the Premier (or the nominee), is of significance to the Government of the State and is relevant to achieving the objectives of the City of Melbourne as the capital city of the State of Victoria.
(2) Without limiting subsection (1), matters of significance may include major building or infrastructure projects, and social and environmental policies that contribute to the development of the City of Melbourne as a liveable and competitive city.
(3) The Lord Mayor and the Deputy Lord Mayor are to represent the Council at any meeting convened under this section.
Part 3—Elections
Division 1—Voters and voters' rolls
S. 9 substituted by No. 109/2003 s. 97.
9 Entitlements
(1) A person can only be enrolled on the voters' roll if—
S. 9(1)(a) amended by No. 9/2020 s. 338(1).
(a) the person has an entitlement to be enrolled without application as at the close of the roll; or
(b) the person is entitled to apply to be enrolled and the application—
(i) complies with subsection (2); and
(ii) is accepted in accordance with this Division; or
S. 9(1)(c) amended by No. 63/2012 s. 29.
(c) the person is appointed to vote on behalf of a corporation and the application for enrolment—
(i) complies with subsection (2); and
(ii) is accepted in accordance with this Division.
(2) An application must—
(a) be in writing;
(b) contain the details required by the regulations;
S. 9(2)(c) amended by No. 9/2020 s. 338(2).
(c) be delivered to the Council office before the close of the roll.
S. 9(3) amended by No. 9/2020 s. 338(1).
(3) Unless section 9J applies, enrolment under an application referred to in section 9B has effect from the next close of the roll after it is accepted and continues in force until the day before the subsequent close of the roll for a general election.
(4) Unless section 9J applies, an appointment made by a corporation under section 9 as in force before the commencement of section 97 of the Local Government (Democratic Reform) Act 2003 of a director or company secretary to represent the corporation continues in force subject to sections 9C and 9G.
S. 9A inserted by No. 109/2003 s. 97.
9A Persons entitled to be enrolled without application
S. 9A(1) amended by No. 9/2020 s. 338(3).
(1) A person who as at the close of the roll would be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly was compiled from the register of electors, is entitled without application to be enrolled on the voters' roll in respect of that address.
(2) Despite subsection (1), a person who—
(a) will attain 18 years of age on or before election day; and
S. 9A(2)(b) amended by No. 9/2020 s. 338(3).
(b) had the person been not less than 18 years of age as at the close of the roll would be an elector in respect of an address in a ward if a roll of electors for the Legislative Assembly was compiled from the register of electors—
is entitled without application to be enrolled on the voters' roll in respect of that address.
S. 9A(3) amended by No. 9/2020 s. 338(3).
(3) A person who as at the close of the roll—
(a) is not a person referred to in subsection (1); and
(b) is not less than 18 years of age or is less than 18 years of age but will attain the age of 18 years on or before election day; and
(c) is the owner of any rateable property in the municipal district whether solely or jointly with any other person or persons; and
S. 9A(3)(d) amended by Nos 35/2008 s. 40, 9/2020 s. 339.
(d) is not a resident of the municipal district but is a person residing or living in Australia—
is entitled without application to be enrolled on the voters' roll in respect of that rateable property.
(4) For the purposes of subsection (3), only 2 joint owners are entitled to be enrolled in respect of any 1 rateable property.
S. 9A(5) amended by No. 9/2020 s. 338(3).
(5) A person who as at the close of the roll—
(a) is not a person referred to in subsection (1) or (3); and
(b) is not less than 18 years of age or is less than 18 years of age but will attain the age of 18 years on or before the election day; and
(c) is the occupier of any rateable property, whether solely or jointly with any other person or persons; and
S. 9A(5)(d) amended by Nos 35/2008 s. 40, 9/2020 s. 339.
(d) is not a resident of the municipal district but is a person residing or living in Australia—
is entitled without application to be enrolled on the voters' roll in respect of that rateable property.
(6) For the purposes of subsection (5), only 2 joint occupiers are entitled to be enrolled in respect of any rateable property.
S. 9B inserted by No. 109/2003 s. 97.
9B Persons entitled to apply to be enrolled
S. 9B(1) amended by No. 9/2020 s. 338(4).
(1) A person who as at the close of the roll—
(a) is not a person referred to in section 9A; and
(b) is not less than 18 years of age or is less than 18 years of age but will attain the age of 18 years on or before election day; and
(c) is an owner or occupier of any rateable property in the municipal district—
is entitled to apply to be enrolled on the voters' roll in respect of that rateable property.
(2) For the purposes of section 9A(3) and subsection (1), only 2 joint owners are entitled to be enrolled in respect of any 1 rateable property.
(3) For the purposes of section 9A(5) and subsection (1), only 2 joint occupiers are entitled to be enrolled in respect of any rateable property.
S. 9B(4) inserted by No. 31/2012 s. 3, amended by No. 9/2020 s. 338(1).
(4) For the purposes of subsection (1), a person who is an occupier of rateable property is not entitled to apply to be enrolled unless the person has occupied the rateable property for at least one month immediately before the close of the roll.
S. 9C inserted by No. 109/2003 s. 97.
9C Corporations
S. 9C(1) amended by No. 9/2020 s. 338(5).
(1) If as at the close of the roll—
(a) a corporation is the owner or occupier of any rateable property in the municipal district; or
(b) the joint owners or joint occupiers of any rateable property in the municipal district consist of corporations or a combination of people and corporations (of at least 1 person and 1 corporation)—
the corporation or the joint owners or joint occupiers may appoint 2 people to represent it or them at Council elections to vote on its or their behalf.
(2) A corporation may only exercise the right of entitlement conferred by subsection (1) once, regardless of how many rateable properties it owns or occupies or jointly owns or occupies in the municipal district.
S. 9C(3) amended by No. 35/2008 s. 41.
(3) A person can not be appointed to represent a corporation unless the person is a director or company secretary (however styled) of the corporation.
S. 9D inserted by No. 109/2003 s. 97.
9D Procedure in relation to representatives of corporations
S. 9D(1) amended by No. 9/2020 s. 338(6).
(1) This section applies if a corporation is the sole owner or occupier of any rateable property in the municipal district and the Chief Executive Officer has not received before the close of the roll notice under section 9C that the corporation has appointed 2 representatives who are eligible to be enrolled.
S. 9D(2) amended by No. 35/2008 s. 42(1)(2), substituted by No. 9/2020 s. 340(1).
(2) If the corporation has validly appointed one representative, the Chief Executive Officer must enrol as a representative of the corporation the next available person determined in accordance with subsection (3).
S. 9D(3) amended by No. 35/2008 s. 42(2)(3), substituted by No. 9/2020 s. 340(1).
(3) If the corporation has not validly appointed any representatives, the Chief Executive Officer must enrol as representatives of the corporation the first 2 of the following in the order listed—
(a) company secretaries whose postal addresses are in Victoria (in alphabetical order);
(b) company secretaries whose postal addresses are elsewhere in Australia (in alphabetical order);
(c) directors whose postal addresses are in Victoria (in alphabetical order);
(d) directors whose postal addresses are elsewhere in Australia (in alphabetical order).
(4) Despite subsections (2) and (3), if a person required to be enrolled as a representative of the corporation by applying those subsections is otherwise entitled to be enrolled, the Chief Executive Officer must not enrol that person as a representative of that corporation under this section.
S. 9D(5) amended by No. 9/2020 s. 340(2).
(5) For the purposes of subsections (2) and (3), the Chief Executive Officer may use the most recent information from the Australian Securities and Investments Commission or other appropriate public body concerning the name, address and age of the persons specified in those subsections.
(6) The Chief Executive Officer must advise the corporation in writing of any person who has been enrolled as a representative of the corporation under this section.
S. 9E inserted by No. 109/2003 s. 97.
9E Limitations on right of entitlement
(1) A person or corporation is not entitled to elect which right of entitlement conferred by section 9A(1), 9A(3), 9A(5), 9B or 9C(1) to exercise.
(2) Despite anything to the contrary in this Part, a person is only entitled to vote once at any election for the Lord Mayor or Deputy Lord Mayor and once at any election for the other Councillors, regardless of how many different entitlements the person may have.
S. 9F inserted by No. 109/2003 s. 97.
9F Procedure if there are more than 2 non-resident owners or occupiers
(1) For the purposes of section 9A(3) or 9A(5), if it appears from the Council records that there are more than 2 owners or more than 2 occupiers of any rateable property, the Chief Executive Officer must enrol without application the 2 owners or 2 occupiers—
(a) whose names appear first on the Council records in relation to that rateable property when those names are read in the order in which they appear in those records; and
(b) who satisfy the requirements of paragraphs (b), (c) and (d) of section 9A(3) or paragraphs (b), (c) and (d) of section 9A(5) in respect of that rateable property.
S. 9F(2) amended by No. 9/2020 s. 338(7).
(2) Despite subsection (1), if a written request containing the details required by the regulations is delivered to the Council office before the close of the roll requesting that the owner or 2 owners, or occupier or 2 occupiers, of the rateable property specified in the request be enrolled on the voters' roll instead of the owner or 2 owners, or occupier or 2 occupiers, that would otherwise be enrolled by virtue of subsection (1), the Chief Executive Officer must give effect to the request.
S. 9F(3) amended by No. 9/2020 s. 338(7).
(3) A person enrolled on the voters' roll in accordance with subsection (1) or (2) continues to be enrolled unless a written request containing the details required by the regulations is delivered to the Council office before the close of the roll requesting that the owner or occupier specified in the request be enrolled on the voters' roll instead of that person.
S. 9G inserted by No. 109/2003 s. 97.
9G Provisions relating to appointments for the purposes of section 9C
(1) An appointment under section 9C(1) is void if at the time the appointment is made the person appointed—
(a) is not a director or company secretary of the corporation; or
(b) has not reached 18 years of age and will not attain the age of 18 years on or before election day; or
(c) has not consented in writing to be appointed; or
(d) is for any other reason already enrolled, or entitled to be enrolled, on the voters' roll in respect of the municipal district.
(2) An appointment for the purposes of section 9C(1) is revoked if—
(a) the person appointed—
(i) ceases to be a director or company secretary of the corporation; or
(ii) dies; or
(iii) delivers a notice of resignation containing the details required by the regulations to the Council office; or
(iv) for any other reason becomes entitled in his or her own right to be enrolled on the voters' roll in respect of the municipal district; or
(b) notice of revocation containing the details required by the regulations is delivered to the Council office; or
(c) the entitlement under section 9C(1) ceases to exist.
S. 9H inserted by No. 109/2003 s. 97.
9H Procedure on receipt of notice of appointment under section 9C
(1) On receiving notice of an appointment, the Chief Executive Officer must enrol the person appointed unless he or she believes the person is not entitled to be enrolled.
(2) If the Chief Executive Officer receives a notice of appointment in respect of any rateable property in respect of which 2 people have already been enrolled—
(a) if the notice only appoints one person and does not revoke the appointment of either of the 2 people enrolled, the Chief Executive Officer must refuse to enrol the person;
(b) if the notice appoints 2 people, the Chief Executive Officer must enrol those 2 people and must remove the names of the 2 people previously enrolled from the voters' list, regardless of whether or not the notice revokes the earlier appointment.
(3) If the Chief Executive Officer refuses to enrol an appointed person, he or she must advise the person who submitted the notice of appointment of the refusal in writing and give the person the reason for the refusal.
S. 9I inserted by No. 109/2003 s. 97.
9I General powers relating to enrolment
S. 9I(1AA) inserted by No. 53/2015 s. 79(1).
(1AA) The Chief Executive Officer may either orally or in writing, request any person or corporation to provide information to enable the Chief Executive Officer to determine the eligibility of a person to be enrolled.
S. 9I(1AB) inserted by No. 53/2015 s. 79(1).
(1AB) If a request under subsection (1AA) is made in writing, the Chief Executive Officer may require the information to be given in writing and signed by the person giving the information.
(1) If the Chief Executive Officer refuses an application for enrolment under section 9B, the Chief Executive Officer must advise the applicant that further evidence to his or her satisfaction is required that the applicant is eligible to be enrolled.
S. 9I(2) repealed by No. 53/2015 s. 79(2).
(3) If the Chief Executive Officer refuses to make an enrolment under an application because the Chief Executive Officer is of the opinion that the applicant is not entitled to enrolment the Chief Executive Officer must advise the applicant in writing of the refusal and of the reason for the refusal.
S. 9J inserted by No. 109/2003 s. 97.
9J Notification of change or cessation of entitlement
(1) If there has been a change in the particulars (other than age) or a cessation of entitlement to enrolment on the qualification specified for the purposes of section 9B or 9C(1)—
(a) the person enrolled, in the case of an enrolment under section 9B; or
(b) the corporation on whose behalf a person is enrolled, in the case of an enrolment under section 9C—
must notify the Chief Executive Officer in writing within 1 month of that change or cessation of entitlement.
(2) Any person or corporation that contravenes subsection (1) is guilty of an offence and liable to a penalty of not more than 3 penalty units.
S. 10 substituted by No. 109/2003 s. 97.
10 Request that address not be shown
S. 10(1) amended by No. 35/2008 s. 43.
(1) A person who is entitled to be enrolled on the voters' roll under section 9A(3), 9A(5), 9B or 9C may lodge a request with the Chief Executive Officer in the prescribed form that the address of the person not be shown on any voters' roll if the person considers that having the address on the voters' roll places or would place the personal safety of the person or of members of the person's family at risk.
(2) A request must—
(a) give particulars of the relevant risk; and
(b) be verified by statutory declaration by the person making the request.
(3) If the Chief Executive Officer is satisfied that having the address of the person making the request shown on any voters' roll places or would place the personal safety of the person or of members of the person's family at risk, the Chief Executive Officer must ensure that the address of the person is not entered on any voters' roll.
(4) The Chief Executive Officer must notify the person in writing of a decision to grant or refuse a request made by a person under subsection (1).
S. 11 substituted by No. 109/2003 s. 98.
11 Victorian Electoral Commission to prepare list
S. 11(1) substituted by No. 53/2015 s. 80(1), amended by No. 9/2020 s. 338(8).
(1) The Victorian Electoral Commission must on or before a date (that is a date before the close of the roll at a general election) determined by the Registrar supply to the Registrar a voters' list of the persons who appear to the Victorian Electoral Commission to be entitled to be enrolled as at a date determined by the Registrar under sections 9A(1) and 9A(2), identifying those persons whose request that their principal place of residence not be shown has been accepted.
S. 11(2) amended by No. 53/2015 s. 80(2).
(2) The Victorian Electoral Commission must on or before a date determined by the Registrar supply to the Registrar a list of the names of persons—
(a) who are no longer entitled to be enrolled as an elector for the Council or Assembly by virtue of section 48(2)(d) of the Constitution Act 1975 since the Victorian Electoral Commission last supplied such a list; and
(b) whose last recorded address was in the municipal district.
(3) The Chief Executive Officer must supply to the Victorian Electoral Commission within the period specified by the Victorian Electoral Commission any information required by the Victorian Electoral Commission to prepare the voters' list.
S. 11A inserted by No. 109/2003 s. 98.
11A Chief Executive Officer to prepare voters' list
(1) The Chief Executive Officer is responsible for the preparation of the voters' list prepared under this section and the maintenance of any records which may be required to facilitate the preparation of an accurate and complete voters' list.
S. 11A(2) substituted by No. 53/2015 s. 81, amended by No. 9/2020 s. 338(9).
(2) The Chief Executive Officer must on or before a date (that is a date before the close of the roll at a general election) determined by the Registrar supply to the Registrar a voters' list for each ward of the persons who appear to the Chief Executive Officer to be entitled to be enrolled as at a date determined by the Registrar under sections 9A(3), 9A(5), 9B(1) and 9C(1) identifying those persons whose request that their address not be shown has been accepted.
S. 11B inserted by No. 109/2003 s. 98, repealed by No. 53/2015 s. 82.
S. 11C (Heading) amended by No. 53/2015 s. 83(1).
S. 11C inserted by No. 109/2003 s. 98.
11C Public notification
S. 11C(1) amended by Nos 53/2015 s. 83(2), 9/2020 s. 338(10).
(1) In the case of a general election, the Chief Executive Officer must not later than 42 days before the closeof the roll give a letter to—
(a) each person whose name appeared on the last voters' roll by application under section 9B—
S. 11C(1)(a)(i) amended by No. 9/2020 s. 338(10).
(i) specifying that the enrolment of the person ceases to have effect on the day before the closeof the roll; and
(ii) advising that if still entitled, a new application must be made under section 9B; and
(iii) enclosing the relevant application form under section 9B;
(b) each corporation, joint owner or joint occupier entitled to appoint a representative under section 9C—
(i) specifying the names of the existing representatives under section 9C; and
(ii) advising of the right to revoke the appointments or to make new appointments for the purposes of section 9C; and
(iii) advising of the obligation of the Council under section 9D; and
(iv) enclosing the relevant application form under section 9C.
S. 11C(2) substituted by No. 35/2008 s. 44(1), repealed by No. 53/2015 s. 83(3).
S. 11C(3) repealed by No. 53/2015 s. 83(3).
S. 11C(4) amended by No. 9/2020 s. 338(11).
(4) The Registrar must at least 10 days before the dateof the close of the roll publish a public notice stating—
S. 11C(4)(a) repealed by No. 9/2020 s. 338(12).
S. 11C(4)(b) repealed by No. 53/2015 s. 83(3).
S. 11C(4)(c) repealed by No. 53/2015 s. 83(3).
(d) when the voters' roll will close;
S. 11C(4)(da) inserted by No. 9/2020 s. 338(13).
(da) how they can check their enrolment;
(e) who can apply to enrol;
(f) how they can apply to enrol.
S. 11C(5) substituted by No. 35/2008 s. 44(2), repealed by No. 53/2015 s. 83(3).
S. 11C(6) repealed by No. 53/2015 s. 83(3).
S. 11C(7) repealed by No. 53/2015 s. 83(3).
S. 11D inserted by No. 109/2003 s. 98.
11D Preparation of voters' rolls
S. 11D(1) repealed by No. 9/2020 s. 338(14).
S. 11D(2) substituted by No. 53/2015 s. 84.
(2) The Registrar must compile a voters' roll containing the prescribed particulars of persons entitled to be enrolled as at the close of the roll from—
(a) in the case of a general election, information received—
(i) under sections 11(1) and 11A(2); and
(ii) under subsections (3) and (4); and
(b) in the case of a by-election, the voters' roll from the last election and the information received under subsections (3) and (4).
S. 11D(3) substituted by No. 53/2015 s. 84, amended by No. 9/2020 s. 338(15).
(3) The Victorian Electoral Commission must provide to the Registrar not later than 5 days after the close of the roll sufficient records in a form specified by the Registrar in respect of persons entitled to be enrolled under section 9A(1) and (2) as at the close of the roll.
S. 11D(4) substituted by No. 53/2015 s. 84.
(4) The Chief Executive Officer must provide to the Registrar—
(a) in the case of a general election, sufficient information in a form and at the times specified by the Registrar, so as to enable information supplied under section 11A(2) to be updated during the period from the supply of the information until the close of the roll; or
(b) in the case of a by-election, the voters' roll used at the last election to be updated in respect of persons whose entitlement arises under section 9A(3), 9A(5), 9B, 9C or 9D during the period from certification of the voters' roll until the close of the roll.
S. 11D(5) substituted by No. 9/2020 s. 341(1).
(5) The Registrar must, in the case of a general election or a by-election, not later than 3 working days before nomination day, certify in writing that the voters' roll has been prepared in accordance with this Act.
S. 11D(6) amended by No. 9/2020 s. 341(2).
(6) The voters' roll signed and certified by the Registrar—
(a) continues in force until the next voters' roll is prepared; and
(b) must not be amended except in accordance with section 11E.
S. 11E inserted by No. 109/2003 s. 98.
11E Amendment of voters' roll
S. 11E(1) amended by No. 9/2020 s. 342(1).
(1) A voters' roll may be amended by the Registrar if—
S. 11E(1)(a) amended by No. 9/2020 s. 342(2).
(a) there is any error or omission in the preparation, printing or copying of the voters' roll; or
S. 11E(1)(b) amended by No. 53/2015 s. 85(1)(a).
(b) there is any misnomer or any inaccurate description of any person, place or thing on the voters' roll.
S. 11E(1)(c) repealed by No. 53/2015 s. 85(1)(b).
S. 11E(2) amended by Nos 53/2015 s. 85(2), 9/2020 s. 342(1).
(2) If an amendment under subsection (1) relates to a person enrolled under section 9A(1) or 9A(2), the Registrar must obtain the approval of the Victorian Electoral Commission.
S. 11E(3) substituted by No. 53/2015 s. 85(3), amended by No. 9/2020 s. 342(1)(3).
(3) The amendment of the voters' roll under subsection (1) must be certified by the Registrar.
(4) The certification under subsection (3) must—
(a) be in writing;
(b) detail the amendments made;
(c) specify the reasons why the amendments were made.
S. 11F inserted by No. 109/2003 s. 98, substituted by No. 9/2020 s. 343.
11F Inspection of certified voters' roll
(1) The Registrar must ensure that the voters' roll as certified under section 11D and incorporating any amendments certified under section 11E is available for inspection by members of the public from the day the voters' roll is certified until one month after the election day.
(2) The certified voters' roll must be available for inspection—
(a) at the locations; and
(b) in the format—
determined by the Registrar.
S. 11G inserted by No. 109/2003 s. 98.
11G Provision of voters' rolls
S. 11G(1) substituted by No. 9/2020 s. 344(1).
(1) On the request after nomination day of any candidate for election as Lord Mayor or Deputy Lord Mayor, the Registrar must provide a copy of the voters' roll for the municipal district.
S. 11G(1A) inserted by No. 9/2020 s. 344(1).
(1A) On the request after nomination day of any candidate for election as a Councillor (other than as Lord Mayor or Deputy Lord Mayor), the Registrar must provide a copy of the voters' roll for the ward for which the candidate has nominated to be the candidate.
S. 11G(2) substituted by No. 9/2020 s. 344(1).
(2) The voters' roll must be provided to the candidate—
(a) free of charge; and
(b) in a form determined by the Registrar.
(3) A candidate must—
(a) only use a copy of a voters' roll provided under subsection (2) for the purpose of conducting the election campaign; and
S. 11G(3)(b) amended by No. 9/2020 s. 344(2).
(b) within the period of 30 days after the day of the election, either destroy the copy of the voters' roll and any copies made from it or return the copy of the voters' roll and any copies made from it to the Registrar.
20 penalty units.
S. 11G(4) substituted by No. 9/2020 s. 344(3).
(4) After receiving a request from any person or organisation, other than a candidate under subsection (1), for a voters' roll, the Registrar must—
(a) identify the public interest in providing the requested information; and
(b) consult with the Information Commissioner appointed under the Freedom of Information Act 1982 in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014 on the public interest in protecting the privacy of personal information; and
(c) taking into account the advice of the Information Commissioner, make a finding whether or not the public interest in providing the voters' roll outweighs the public interest in protecting the privacy of personal information in the particular circumstances.
S. 11G(5) amended by Nos 60/2014 s. 140(Sch. 3 item 6.2), 20/2017 s. 134(Sch. 1 item 2.2), substituted by No. 9/2020 s. 344(3).
(5) Subject to subsection (6), if the Registrar has made a finding under subsection (4) that the public interest in providing the voters' roll outweighs the public interest in protecting the privacy of personal information, the Registrar may—
(a) provide the voters' roll to the person or organisation; and
(b) charge a fee that covers the cost to the Registrar of providing the voters' roll.
S. 11G(6) amended by No. 53/2015 s. 86, substituted by No. 9/2020 s. 344(3).
(6) The Registrar must obtain from the person or organisation to be provided with a voters' roll under this section an undertaking that the person or organisation will—
(a) only use the voters' roll for the purpose for which the Registrar agreed to provide the voters' roll; and
(b) not copy the voters' roll or give it to any other person or organisation; and
(c) return the voters' roll to the Registrar or destroy the voters' roll after using it for the purpose for which the Registrar agreed to provide the voters' roll.
S. 11G(7) amended by Nos 60/2014 s. 140(Sch. 3 item 6.2), 20/2017 s. 134(Sch. 1 item 2.2), substituted by No. 9/2020 s. 344(3).
(7) A person or organisation that is provided with a copy of the voters' roll under subsection (5) must comply with subsection (6).
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
S. 11G(8)–(10) amended by Nos 60/2014 s. 140(Sch. 3 item 6.2), 20/2017 s. 134(Sch. 1 item 2.2), repealed by No. 9/2020 s. 344(3).
S. 11G(11)(12) repealed by No. 9/2020 s. 344(3).
Division 2—Elections
S. 12 substituted by No. 109/2003 s. 99, amended by Nos 53/2015 s. 87, 9/2020 s. 345.
12 General election
General elections for the Council must be held in accordance with section 257 of the Local Government Act 2020.
S. 13 repealed by No. 109/2003 s. 99.
14 Elections to be held simultaneously
(1) The election of the Lord Mayor and the Deputy Lord Mayor is to be conducted at the same time as the election of the other Councillors.
(2) Subsection (1) does not apply to by-elections.
S. 14A inserted by No. 109/2003 s. 100, amended by No. 53/2015 s. 88, repealed by No. 9/2020 s. 346.
15 Joint nominations for Lord Mayor and Deputy Lord Mayor
(1) A candidate for the office of Lord Mayor or Deputy Lord Mayor at a general election must nominate for the office jointly with another person.
(2) The notice of candidature must specify which of the 2 candidates nominating is seeking election as Lord Mayor and which of the candidates is seeking election as Deputy Lord Mayor.
(3) A person may only nominate once for election either to the office of Lord Mayor, or to the office of Deputy Lord Mayor, at an election.
S. 15(4) amended by No. 9/2020 s. 347.
(4) The election manager must reject any notice of candidature that does not comply with this section.
S. 15(5) amended by No. 9/2020 s. 347.
(5) If a person nominates for election—
(a) to both the office of Lord Mayor and the office of Deputy Lord Mayor; or
(b) to the office of Lord Mayor more than once; or
(c) to the office of Deputy Lord Mayor more than once—
the election manager must reject any notice of candidature in relation to the person other than the first valid notice of candidature received by the election manager.
16 Candidates may only stand for one position
(1) A person who is a candidate for election as the Lord Mayor or the Deputy Lord Mayor is not eligible to be a candidate for election as a Councillor if the elections are to be conducted at the same time.
S. 16(2) amended by No. 9/2020 s. 347.
(2) If a person has nominated as a candidate for election as Lord Mayor or Deputy Lord Mayor and also for election as a Councillor at an election that is to be conducted at the same time as the other election, the election manager must reject any notice of candidature in relation to the person other than the first valid notice of candidature received by the election manager.
(3) This section does not prevent a Councillor nominating as a candidate for election as the Lord Mayor or the Deputy Lord Mayor at a by-election for either of those offices, nor does it require that a Councillor resign from office if he or she is a candidate for either of those offices at a by‑election.
(4) If a Councillor is elected as the Lord Mayor or Deputy Lord Mayor at a by-election, the Councillor goes out of office as a Councillor referred to in section 6(1)(c) on the declaration of the result of the by-election.
S. 17 repealed by No. 74/2011 s. 5.
S. 18 amended by Nos 109/2003 s. 104(a), 74/2011 s. 6, substituted by No. 9/2020 s. 348.
18 How votes to be counted
(1) Division 6 of Part 8 of the Local Government Act 2020 applies to the election of the Lord Mayor and the Deputy Lord Mayor—
(a) as if each pair of candidates standing jointly for the positions was a single candidate; and
(b) as if there were no reference to "only one Councillor".
(2) If the election of Councillors was conducted in accordance with Schedule 1 to this Act and the application of Division 7 of Part 8 of the Local Government Act 2020 does not result in the filling of all the vacancies in the offices of Councillors (other than the Lord Mayor or Deputy Lord Mayor)—
(a) in the case of a single vacancy to be filled, Division 6 of Part 8 of the Local Government Act 2020 applies to the by-election to fill the vacancy and Schedule 1 does not apply; or
(b) if there is more than one vacancy to be filled, Schedule 1 also applies to the by‑election to fill the vacancies.
19 Compulsory voting
S. 19(1) amended by No. 9/2020 s. 349(1).
(1) Subject to subsection (1A), it is compulsory for a person who is enrolled on the voters' roll in respect of the City of Melbourne to vote—
(a) at any election for the Lord Mayor or the Deputy Lord Mayor; and
(b) at any election for a Councillor or Councillors.
S. 19(1A) inserted by No. 9/2020 s. 349(2).
(1A) Subsection (1) does not apply if an exemption prescribed by regulations made under this Act or the Local Government Act 2020 applies to the person.
(2) A person must vote as required by subsection (1).
1 penalty unit.
(3) If an election in respect of the Lord Mayor or the Deputy Lord Mayor and in respect of a Councillor or Councillors is held on the same day, a person who fails to vote in both elections is only guilty of one offence under subsection (2).
(4) If one or both of the representatives appointed by a corporation fail to vote at an election—
(a) the corporation is guilty of an offence against subsection (2);
(b) the representative is, or the representatives are, not guilty of an offence against subsection (2).
S. 19(5) amended by No. 109/2003 s. 101.
(5) A corporation is not guilty of an offence under subsection (2) in respect of the failure to vote of a deemed representative if it did not receive a notice under section 9D(6) in respect of the enrolment of the representative before the date of the election.
S. 19(6) amended by No. 79/2006 s. 85, substituted by No. 63/2012 s. 30, amended by No. 53/2015 s. 89.
(6) In this section—
infringement means an offence against this section;
S. 19(6) def. of prescribed penalty substituted by No. 9/2020 s. 349(3).
prescribed penalty means 0·5 penalty units;
prosecution officer means the Victorian Electoral Commission or a person appointed by the Victorian Electoral Commission for the purposes of this section.
S. 19(7) inserted by No. 63/2012 s. 30.
(7) A prosecution officer may serve or cause to be served an infringement notice on any person or corporation if the prosecution officer has reason to believe that the person or corporation has committed an infringement.
S. 19(8) inserted by No. 63/2012 s. 30.
(8) An offence referred to in subsection (7) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed penalty in respect of that offence.
S. 19(9) inserted by No. 63/2012 s. 30.
(9) In addition to the details required under section 13 of the Infringements Act 2006, the details of the election to which the alleged infringement relates must be included in an infringement notice served under subsection (7), including—
(a) the name of the Council; and
(b) the date of the election; and
S. 19(9)(c) substituted by No. 9/2020 s. 349(4).
(c) the name of the ward; and
S. 19(9)(d) inserted by No. 9/2020 s. 349(4).
(d) if the election was conducted by postal voting, the date voting closed.
S. 19(10) inserted by No. 9/2020 s. 349(5).
(10) Payments received by the prosecution officer under this section, in relation to the enforcement of an infringement, must be paid to the Council.
Part 4—Council administration
S. 20 repealed by No. 9/2020 s. 346.
S. 20A inserted by No. 53/2015 s. 90, repealed by No. 9/2020 s. 346.
S. 21 substituted by No. 9/2020 s. 350.
21 Reference to Mayor or Deputy Mayor
For the purposes of this Act, a reference in the Local Government Act 2020 to—
(a) a Mayor is to be construed as including a reference to the Lord Mayor; and
(b) a Deputy Mayor is to be construed as including a reference to the Deputy Lord Mayor.
S. 22 amended by No. 67/2008 s. 86, repealed by No. 9/2020, s. 346.
23 Term of office of Lord Mayor and Deputy Lord Mayor
S. 23(1) amended by No. 9/2020, s. 351(1).
(1) If an election for Lord Mayor is held at which the current holder of the office was not a candidate for the office, or was an unsuccessful candidate, the office of Lord Mayor becomes vacant at midday on the day after the public declaration by the election manager of the result of the election.
S. 23(2) amended by No. 9/2020, s. 351(1).
(2) If an election for Deputy Lord Mayor is held at which the current holder of the office was not a candidate for the office or was an unsuccessful candidate, the office of Deputy Lord Mayor becomes vacant at midday on the day after the public declaration by the election manager of the result of the election.
S. 23(3) amended by No. 67/2008 s. 87(1), substituted by No. 9/2020, s. 351(2).
(3) The office of Lord Mayor or the office of Deputy Lord Mayor also becomes vacant if the person holding the office of Lord Mayor or the office of Deputy Lord Mayor ceases to hold office as a Councillor under section 35 of the Local Government Act 2020.
S. 23(4)(5) inserted by No. 67/2008 s. 87(2), repealed by No. 9/2020 s. 351(3).
24 Filling of vacancies
S. 24(1) amended by Nos 109/2003 s. 102, 67/2008 s. 88, substituted by No. 9/2020 s. 352(1).
(1) If the office of Lord Mayor or Deputy Lord Mayor becomes vacant 6 months or more before a general election is due, a by-election to fill the vacancy must be held on a date fixed under section 260 of the Local Government Act 2020 and section 259 of the Local Government Act 2020 does not apply.
(2) If the office of Lord Mayor or Deputy Lord Mayor becomes vacant less than 6 months before a general election is due, it is not necessary to hold an election to fill the vacancy.
(3) In the circumstances specified in subsection (2)—
(a) if the office of the Lord Mayor becomes vacant, the Deputy Lord Mayor becomes the Lord Mayor on the passing of a resolution by the Council that an election to fill the vacancy not be held; and
(b) if the office of the Deputy Lord Mayor becomes vacant, the Council may appoint a Councillor to fill the vacancy; and
S. 24(3)(c) substituted by No. 9/2020 s. 352(2).
(c) if the Council does so, an extraordinary vacancy occurs in the office of the Councillor on the date of the appointment and section 259 of the Local Government Act 2020 does apply.
25 Appointment of acting Deputy Lord Mayor
S. 25(1) amended by Nos 67/2008 s. 89, 9/2020 s. 353.
(1) This section applies if the office of the Deputy Lord Mayor becomes vacant or the Deputy Lord Mayor is acting as Lord Mayor under section 21 of the Local Government Act 2020 and either—
(a) an election is to be held to fill the vacancy; or
(b) it is not necessary to hold an election to fill the vacancy and the Council has not appointed a Councillor to fill the vacancy.
(2) The Council may appoint a Councillor to act in the office until a person is elected or appointed to the office, or for any shorter specified period.
(3) In acting as Deputy Lord Mayor, the Councillor may perform any function, or exercise any power, conferred on the Deputy Lord Mayor.
S. 25A inserted by No. 109/2003 s. 103, repealed by No. 9/2020 s. 346.
S. 26 repealed by No. 9/2020 s. 346.
S. 26A inserted by No. 67/2008 s. 90, repealed by No. 9/2020 s. 346.
S. 27 amended by Nos 67/2008 s. 91, 6/2018 s. 68(Sch. 2 item 23), repealed by No. 9/2020 s. 346.
S. 27AA inserted by No. 67/2008 s. 92, amended by No. 29/2011 s. 3(Sch. 1 item 11), repealed by No. 9/2020 s. 346.
Pt 4A (Heading and ss 27A‑27K) inserted by No. 74/2006 s. 5, amended by No. 64/2009 s. 63, repealed by No. 53/2015 s. 91.
Pt 4B (Heading and ss 27L–27S) inserted by No. 58/2010 s. 35, amended by No. 11/2012 ss 3, 4, repealed by No. 39/2015 s. 5.
Part 5—Other matters
28 Differential rates
S. 28(1) amended by Nos 29/2005 s. 3(1), 9/2020 s. 354.
(1) Despite anything to the contrary in section 161(1)(a) of the Local Government Act 1989 or in the Local Government Act 2020, the Council may raise any general rates by the application of a differential rate even if it does not use the capital improved value system of valuing land.
S. 28(2) substituted by No. 29/2005 s. 3(2).
(2) If the Council uses the net annual value system of valuation and declares a differential rate, the highest differential rate must be no more than 2 times the lowest differential rate.
S. 28A inserted by No. 9/2020 s. 355.
28A Which systems of valuing land may the Council use?
(1) The Council may use the site value, capital improved value or the net annual value system of valuation.
(2) The Council must undertake a community engagement process before making a decision to change its system of valuation.
Pt 5A (Heading and ss 28A–28E) inserted by No. 44/2011 s. 10, amended by No. 74/2011 s. 7, repealed by No. 9/2020 s. 346.
Part 6—Regulations
29 Regulations
(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the regulations may—
(a) make provision for the form of ballot-paper to be used in elections for the Lord Mayor and the Deputy Lord Mayor; and
S. 29(2)(b) amended by No. 9/2020 s. 356(1).
(b) modify the effect of any provision of Part 8 of the Local Government Act 2020, or of any regulations made under that Act, as it applies to any election conducted under this Act;
(c) make any provision needed to ensure that an election can be conducted by postal voting.
S. 29(3) amended by No. 9/2020 s. 356(2).
(3) Sections 325 and 326 of the Local Government Act 2020 apply to regulations made under this section as if they had been made under that Act.
Part 7—Amendments to other Acts, repeals and savings provisions
S. 30 repealed by No. 109/2003 s. 104(b).
31 Repeal of City of Melbourne Act 1993
(1) The City of Melbourne Act 1993 is repealed.
(2) All things and circumstances created by or under that Act that were in force or operating under that Act immediately before the repeal of that Act continue to have the same status, operation and effect as if that Act had not been repealed.
(3) Without limiting subsection (2), the repeal of that Act does not disturb the continuity of status, operation or effect of any Act, regulation, rule, local law, order, instrument, title, planning scheme, liability or right.
S. 32 amended by No. 64/2009 s. 64, repealed by No. 9/2020 s. 346.
Pt 8 (Heading and s 33) inserted by No. 53/2015 s. 92, repealed by No. 9/2020 s. 346.
Schedules
Schedule 1—Provisions with respect to holding an election of Councillors
1 Application of this Schedule
Sch. 1 cl. 1(1) amended by No. 74/2011 s. 8(1).
(1) Subject to subclause (3), this Schedule applies to any election at which 2 or more Councillors (other than the Lord Mayor and the Deputy Lord Mayor) are to be elected to the Council.
Sch. 1 cl. 1(2) substituted by No. 74/2011 s. 8(2), repealed by No. 9/2020 s. 357(a).
Sch. 1 cl. 1(3) inserted by No. 74/2011 s. 8(2).
(3) This Schedule applies to an election of Councillors (other than the Lord Mayor and Deputy Mayor) unless the Governor in Council, by Order in Council, specifies that it does not apply under section 6B(1).
Sch. 1 cl. 2(1) amended by No. 23/2002 s. 188.
2 Definitions
(1) In this Schedule—
name of a registered political party includes the abbreviation or initials (if any) of the name of the party entered in the Register of Political Parties under the Electoral Act2002;
nomination day means the last day on which notices of candidature may be received;
Sch. 1 cl. 2(1) def. of Part 4A repealed by No. 9/2020 s. 357(b).
registered officer, in relation to a registered political party, means the registered officer of a registered political party within the meaning of the Electoral Act 2002;
registered political party has the meaning it has in the Electoral Act 2002;
voting ticket has the meaning set out in clause 5(1).
(2) In determining when the 2nd or 4th days after the nomination day occur, any holiday (as defined by section 44(4) of the Interpretation of Legislation Act 1984) that occurs after the nomination day is not to be counted as a day.
3 Grouping of candidates
(1) Two or more candidates may make a joint request that their names be grouped on the ballot-paper.
(2) The request—
(a) must be in writing and must be signed by the candidates; and
(b) must specify the order in which the names are to appear within the group; and
Sch. 1 cl. 3(2)(c) amended by Nos 74/2011 s. 8(3), 9/2020 s. 357(c).
(c) must be delivered to the election manager before noon on the second day after nomination day.
(3) A candidate's name may not be included in more than one group.
4 Group name and order of candidates on ballot‑paper
(1) A request under clause 3 must also specify the name under which the candidates wish to be grouped.
Sch. 1 cl. 4(2) amended by No. 9/2020 s. 357(c).
(2) If, in the opinion of the election manager, the name is that of, or implies an association with, a registered political party, the election manager must not print the name on the ballot-paper unless the candidates provide evidence that they have been authorised by the registered officer of the party to use that name.
Sch. 1 cl. 4(3) amended by No. 9/2020 s. 357(c).
(3) If the name comprises more than 6 words (or letters in the case of a name that consists only of abbreviations), the election manager must not print more than the first 6 words (or letters) of the name on the ballot paper.
Sch. 1 cl. 4(4) amended by No. 9/2020 s. 357(c).
(4) If, in the opinion of the election manager, a proposed group name is offensive or misleading, the election manager—
(a) must not print that name on the ballot-paper; and
(b) must advise the candidates of his or her opinion and ask the candidates to submit an alternative name.
Sch. 1 cl. 4(5) amended by No. 9/2020 s. 357(c).
(5) If candidates fail to submit a suitable alternative name to the election manager by the time specified by the election manager, the request under clause 3 lapses.
(6) If—
(a) candidates wish to have their names grouped on the ballot-paper; and
(b) they have been endorsed for that election by different registered political parties—
they may use a composite name formed from the registered names of the registered political parties.
Sch. 1 cl. 4(7) amended by No. 9/2020 s. 357(c).
(7) Subject to subclauses (2), (3) and (4), the election manager must print on the ballot-paper next to a candidate's name the group name specified under subclause (1), or any valid alternative name submitted in response to a request made under subclause (4)(b).
Sch. 1 cl. 4(8) amended by Nos 74/2011 s. 8(4), 9/2020 s. 357(c).
(8) The election manager must as soon as practicable after noon on the 2nd day after the last day on which notices of candidature may be received hold a ballot by lot to determine the order in which the name of each candidate is to appear on the ballot-paper.
5 Voting tickets
(1) A voting ticket is a document that sets out an order of preference for all the candidates in the election.
Sch. 1 cl. 5(2) amended by No. 9/2020 s. 357(c).
(2) If permitted by clause 6, candidates may apply to the election manager to register one or 2 voting tickets for the purposes of the election.
Sch. 1 cl. 5(3) amended by No. 9/2020 s. 357(c).
(3) The election manager must not register a voting ticket—
(a) if the ticket does not give preference to the candidates applying to register the ticket before it gives preference to any other candidate; or
(b) if the order of preference specified in the ticket would result in an informal vote were that order of preference to be applied by a voter to the ballot-paper to be used in the election; or
(c) if 2 voting tickets have already been registered on the application of the candidates applying for the registration; or
(d) if the application for the ticket does not comply with this Schedule.
(4) Without limiting the form in which a voting ticket may be expressed, the ticket may be in the form of a completed draft or mock ballot-paper.
(5) If a voting ticket is, or 2 voting tickets are, registered for the purposes of the election on the application of a group of candidates—
(a) a square must be printed on the ballot-paper above the names of those candidates; and
(b) if another provision of this Schedule requires the name of a registered political party or another name to be printed next to the names of the candidates on the ballot-paper, that name must also be printed on the ballot-paper next to that square.
(6) An application for 2 group voting tickets must indicate the order in which the voting tickets are to be displayed for the purposes of clause 7(1).
6 Group voting tickets
(1) Candidates making a request under clause 3 may apply to register one or 2 group voting tickets for the purposes of the election.
(2) The application must—
(a) be signed; and
Sch. 1 cl. 6(2)(b) amended by Nos 74/2011 s. 8(5), 9/2020 s. 357(c).
(b) be lodged with the election manager after the order of the candidates on the ballot-paper has been determined and before noon on the 4th day after the nomination day.
(3) The application may be signed—
(a) if all the members of the group have been endorsed by the same registered political party, by the registered officer of the party; or
(b) if the members of the group have been endorsed by different registered political parties, by the registered officers of all those parties; or
(c) in a case to which neither paragraph (a) nor paragraph (b) applies, by the candidate whose name first appears in the group on the ballot-paper; or
(d) in any case, by a person authorised in writing by all the members of the group to sign such a statement on behalf of the group.
(4) A copy of any authorisation given for the purposes of subclause (3)(d) must be lodged with the application.
7 Voting tickets to be displayed
Sch. 1 cl. 7(1) amended by No. 9/2020 s. 357(c).
(1) If a voting ticket has been registered for the purposes of the election, the election manager must cause the ticket to be prominently displayed in a manner determined by the election manager at each polling place.
(2) If a group has 2 registered voting tickets, those tickets must be displayed in the order indicated in the application for registration.
8 Ballot-papers
Sch. 1 cl. 8(1) substituted by No. 35/2008 s. 45(1).
(1) If at least one voting ticket has been registered for the purposes of the election—
(a) the ballot-paper for the election must be in the form of Schedule 2 if there are fewer than 20 groups of candidates; or
(b) the ballot-paper for the election must be in the form of Schedule 3 if there are 20 or more groups of candidates.
(2) If—
(a) a valid request for the grouping of candidates' names is received under clause 3; but
(b) no voting ticket has been registered for the purposes of the election—
the ballot-paper for the election must be in the form of Schedule 2 with the modifications set out in subclause (5).
(3) If—
(a) no valid request for the grouping of candidates' names is received under clause 3; and
(b) no voting ticket has been registered for the purposes of the election—
the ballot-paper for the election must be in the form of Schedule 2, as modified in the manner specified in subclauses (4) and (5).
(4) The required modifications are—
(a) in the left-most column of the form, the word "DIRECTIONS" must be deleted; and
(b) in the area between the first and second continuous horizontal black lines on the form, all words and expressions must be deleted; and
(c) in the area between the second and third continuous horizontal black lines on the form, the word "OR" and the 2 short horizontal lines above and below that word must be deleted.
(5) In addition, the squares in the area between the second and third continuous horizontal black lines on the form are to be set out continuously in the order determined under subclause (8)(c).
Sch. 1 cl. 8(6) amended by No. 9/2020 s. 357(c).
(6) For the purposes of subclauses (2) and (3), the remaining directions may be reformatted in any way the election manager considers to be appropriate and may be accompanied by the heading "Directions".
Sch. 1 cl. 8(7) amended by No. 35/2008 s. 45(2).
(7) The directions in Schedules 2 and 3 have the same force as if they were provisions contained in this Act.
(8) In printing the ballot-paper—
(a) the names of candidates by whom requests have been made under clause 3 must be printed in groups on the ballot-paper in accordance with the requests and before the names of candidates who have not made such requests; and
Sch. 1 cl. 8(8)(b) amended by No. 9/2020 s. 357(c).
(b) the order of the several groups on the ballot‑paper must be determined by a ballot by lot conducted by the election manager; and
Sch. 1 cl. 8(8)(c) amended by No. 9/2020 s. 357(c).
(c) the order of the names of the candidates whose names are not included in any group must be determined by a ballot by lot conducted by the election manager.
Sch. 1 cl. 8(9) amended by No. 9/2020 s. 357(d).
(9) Any ballot by lot conducted under subclause (8) must be conducted in accordance with regulations made under the Local Government Act 2020.
9 Printing of political party and other names on ballot-papers
The names of registered political parties, composite names and group names must be printed on the ballot-paper in capital letters in type that is uniform in size and style for all the names so printed.
10 Marking of votes
Sch. 1 cl. 10(1) amended by No. 35/2008 s. 46.
(1) A voter must mark his or her vote on a ballot‑paper that is in the form of Schedule 2 or 3 either—
(a) by placing the figure 1 in a square (if any) printed in accordance with clause 5(5); or
(b) by—
(i) placing the figure 1 in the square opposite the name of the candidate for whom he or she votes as his or her first preference; and
(ii) placing the figures 2, 3, 4 (and so on, as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of his or her preference for them.
(2) For the purposes of this Act, if a voter has placed a tick or a cross in a square printed on a ballot‑paper in accordance with clause 5(5), he or she is deemed to have placed the figure 1 in that square.
11 Formal votes according to group voting ticket
Sch. 1 cl. 11(1) amended by No. 109/2003 s. 104(c).
(1) A ballot-paper is not informal by virtue of clause 15(a) if the voter has marked his or her vote on the ballot-paper in accordance with clause 10.
Sch. 1 cl. 11(2) amended by No. 9/2020 s. 357(e).
(2) If a ballot-paper—
(a) has been marked in accordance with clause 10(1)(a); and
Sch. 1 cl. 11(2)(b) amended by No. 109/2003 s. 104(c).
(b) has been marked in accordance with clause 10(1)(b) so that, if it were not marked in accordance with clause 10(1)(a), it would not be informal by virtue of clause 15(a)—
the ballot-paper is, for the purposes of clause 14 and Division 7 of Part 8 of the Local Government Act 2020, deemed not to have been marked in accordance with clause 10(1)(a).
Sch. 1 cl. 11(3) amended by No. 9/2020 s. 357(e).
(3) For the purposes of this clause and clause 12 and Division 7 of Part 8 of the Local Government Act 2020, a voter must not be taken to have marked his or her vote in accordance with clause 10(1)(a) if he or she has placed a preference mark in 2 or more of the squares printed on the ballot-paper in accordance with clause 5(5).
(4) In this clause, preference mark means a tick, a cross or the figure 1.
12 Certain votes with non-consecutive numbers to be formal
(1) This clause applies if a ballot-paper—
(a) has the figure 1 in the square opposite to the name of a candidate and does not have that figure in the square opposite to the name of another candidate; and
(b) has—
(i) in a case where there are more than 9 candidates in the election, in not less than 90% of the squares opposite the names of the candidates, figures in a sequence of consecutive numbers commencing with the figure 1 or figures that with a change to no more than 1 of them would be in such a sequence; or
(ii) in any other case, in all the squares opposite the names of candidates or in all those squares except one square that is left blank, numbers in a sequence of consecutive numbers commencing with the figure 1 or figures that with a change to no more than 1 of them would be in such a sequence; and
Sch. 1 cl. 12(1)(c) amended by No. 109/2003 s. 104(c).
(c) but for this subclause, would be informal by virtue of clause 15(a).
(2) The following provisions apply to the ballot‑paper—
Sch. 1 cl. 12(2)(a) amended by No. 109/2003 s. 104(c).
(a) the ballot-paper is not informal by virtue of clause 15(a); and
(b) the figure 1 is to be taken to express the voter's first preference; and
(c) if the figures in squares opposite the names of candidates are in a sequence of consecutive numbers commencing with the figure 1, the voter is to be taken to have expressed a preference by the other figure, or to have expressed preferences by the other figures, in that sequence; and
(d) the voter is not to be taken to have expressed any other preference.
(3) In considering, for the purposes of this clause, whether numbers are in a sequence of consecutive numbers, any number that is repeated is to be disregarded.
Sch. 1 cl. 13 amended by No. 9/2020 s. 357(e).
13 Effect of single voting ticket on ballot-paper
For the purposes of Division 7 of Part 8 of the Local Government Act 2020, if—
(a) a ballot-paper has been marked in accordance with clause 10(1)(a) by a mark having been placed in a square printed above the names of a group of candidates; and
(b) the group has only one voting ticket registered for the purposes of the election—
the ballot-paper is deemed to have been marked in accordance with the order of preference set out in that ticket.
14 Effect of 2 voting tickets on ballot-papers
(1) This clause applies if—
(a) one or more ballot-papers have been marked in accordance with clause 10(1)(a) by a mark having been placed in a square printed above the names of a group of candidates; and
(b) the group has 2 voting tickets registered for the purposes of the election.
Sch. 1 cl. 14(2) amended by No. 9/2020 s. 357(e).
(2) For the purposes of Division 7 of Part 8 of the Local Government Act 2020—
(a) if the number of ballot-papers is an even number, half of the ballot-papers are deemed to have been marked in accordance with the order of preference set out in one of the tickets and the other half in accordance with the order of preference set out in the other ticket; or
(b) if the number of ballot-papers is not an even number—
Sch. 1 cl. 14(2)(b)(i) amended by No. 9/2020 s. 357(c).
(i) one of the ballot-papers is deemed to have been marked in accordance with the order of preference set out in whichever of the 2 tickets is drawn by lot in a manner determined by the election manager, either manually or by computer; and
(ii) half the remainder (if any) of the ballot‑papers are deemed to have been marked in accordance with the order of preference set out in one of the tickets and the other half in accordance with the order of preference set out in the other ticket.
15 Informal ballot-papers
A ballot-paper must be rejected as informal at the close of the poll—
(a) subject to clauses 10 and 11, if it has no vote indicated on it, or it does not indicate the voter's first preference for one candidate and the order of his or her preference for all the remaining candidates; or
Sch. 1 cl. 15(b) amended by No. 9/2020 s. 357(f).
(b) if it is not marked in a manner prescribed or allowed by this Act or by the Local Government Act 2020 that is not contrary to any provision of this Schedule.
16 Death of a candidate
Sch. 1 cl. 16(1) amended by Nos 74/2011 s. 8(6)(a)(b), 9/2020 s. 357(g).
(1) This clause applies if a candidate dies after the time of day when nominations may be received by on nomination day and before the end of the election day, and the number of candidates remaining is greater than the number of candidates to be elected.
Sch. 1 cl. 16(2) amended by Nos 74/2011 s. 8(6)(c), 9/2020 s. 357(c)(h)(i).
(2) Despite anything to the contrary in regulations made under the Local Government Act 2020, the election is to continue as if the dead candidate had given the election manager at noon on the day the candidate died a valid notice of retirement.
(3) If it was not practicable to remove the name of a dead candidate from the ballot-paper, the ballot‑paper is not informal by reason only of the failure of the voter to place any figure opposite that name, or of any resultant failure to indicate in consecutive order the voter's preferences.
Sch. 1 cl. 17 amended by No. 9/2020 s. 357(c).
17 Additional information for scrutineers
The election manager must ensure that scrutineers are given access to the following information during the counting of votes as the information becomes available—
Sch. 1 cl. 17(a) amended by No. 9/2020 s. 357(c).
(a) a record of the preferences on the ballot‑papers that have been received by
the election manager and whose details have been stored in the computer (including informal ballot-papers,
and formal ballot-papers that are not sequentially numbered); and
(b) a record of the ballot-papers that are notionally transferred, or exhausted, at each count; and
(c) a record of the progress of the count of the votes, at each count.
18 Refund to group candidates
(1) This clause applies if—
(a) a candidate is a member of a group of candidates who were grouped on the ballot‑paper; and
(b) all the members of the group are elected or the members of the group receive more than 4% of the total number of valid first preference votes cast in the election.
Sch. 1 cl. 18(2) amended by No. 9/2020 s. 357(c).
(2) The fee paid for or on behalf of the candidate must be repaid to the candidate on the election manager certifying that subclause (1) applies to the candidate.
Sch. 2 (Heading) amended by No. 35/2008 s. 47.
Schedule 2—Form of ballot-paper (fewer than 20 groups)
Ballot-paper
CITY OF MELBOURNE
Election of [2] Councillors of the Melbourne City Council
DIRECT EITHER Place the single figure 1 in one, and one only of these squares to indicate the group voting ticket which you wish to adopt as your vote 🞏 OR 🞏 OR 🞏 OR 🞏 3333
IONS OR Place the numbers 1 to [4] in the squares immediately to the left of the names of the respective candidates so as to indicate the order of your preference for them 🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3 🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3 🞏 1 3🞏 1 3🞏 1 3 🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3 Ungrouped🞏 1 🞏 1🞏 1 🞏 1
1. Here insert name of a candidate.
2. Here insert number of vacancies.
3. Here insert name of a registered political party or other group name if applicable.
4. Here insert number of candidates.
Sch. 3 inserted by No. 35/2008 s. 48.
Schedule 3—Form of ballot-paper (20 or more groups)
Ballot-paper
CITY OF MELBOURNE
Election of [2] Councillors of the Melbourne City Council
DIREC EITHER Place the single figure 1 in one, and one only of these squares to indicate the group voting ticket which you wish to adopt as your vote 🞏 OR 🞏 OR ... OR 🞏 333🞏 OR 🞏 OR ... OR 🞏 333
TIONS OR Place the numbers 1 to [4] in the squares immediately to the left of the names of the respective candidates so as to indicate the order of your preference for them 🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3 🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3 .................................... 🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3🞏 1 3 Ungrouped🞏 1 🞏 1 🞏 1🞏 1 🞏 1
1 Here insert name of a candidate.
2 Here insert number of vacancies.
3 Here insert name of a registered political party or other group name if applicable.
4 Here insert number of candidates.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 22 March 2001
Legislative Council: 1 May 2001
The long title for the Bill for this Act was "A Bill to alter the electoral structure of the City of Melbourne, to provide for the direct election of a Lord Mayor and a Deputy Lord Mayor, to facilitate an early election of the members of the Melbourne City Council and for other purposes."
Constitution Act 1975:
Absolute majorities:
Legislative Assembly: 5 April 2001, 3 May 2001
Legislative Council: 3 May 2001
The City of Melbourne Act 2001 was assented to on 8 May 2001 and came into operation as follows:
Sections 1 and 2 on 9 May 2001: section 2(1); rest of Act on 9 May 2001: Special Gazette (No. 67) 9 May 2001 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the City of Melbourne Act 2001 by Acts and subordinate instruments.