Electoral Act 2002

Part 1—Preliminary

1 Purpose and outline of Act

(1) The purpose of this Act is to reform the law relating to elections in Victoria.

(2) In outline this Act—

• establishes the Victorian Electoral Commission consisting of one member, the Electoral Commissioner;

• provides for the appointment of the Electoral Commissioner, the Deputy Electoral Commissioner, election managers and election officials and the employment of staff;

• sets out the Commission's responsibilities, functions and powers;

• sets out the enrolment process and provides for the collection and dissemination of enrolment information;

• provides for the registration of political parties;

• sets out election procedures and arrangements for holding elections;

• specifies who is entitled to vote and how voting may occur;

• provides for the scrutiny and counting of votes;

• provides for the Court of Disputed Returns;

• sets out offences, requires compulsory voting and enables the issuing of infringement notices;

• repeals provisions of The Constitution Act Amendment Act 1958 and consequentially amends certain other Acts;

• provides for election expenditure.

(3) Subsection (2) is intended only as a guide to readers as to the general scheme of this Act.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day to be proclaimed.

(2) If this Act does not come into operation before 1 January 2003, it comes into operation on that day.

3 Definitions

In this Act—

address does not include a post-office box;

Antarctica means the Australian Antarctic Territory including—

(a) the Territory of Heard Island and McDonald Islands; and

(b) Macquarie Island;

Antarctic elector means an elector who is, in the course of the elector's employment, in Antarctica on election day;

Assembly means the Legislative Assembly;

authorised officer means a person appointed to be an authorised officer for the purpose of issuing infringement notices under section 167;

S. 3 def. of authorised witness substituted by No. 30/2018 s. 3(1).

authorised witness means a person who—

(a) has attained 18 years of age; and

(b) is not a candidate at the election;

ballot material means ballot-papers, electoral rolls and electoral papers;

S. 3 def. of
by-election amended by No. 2/2003 s. 23(a).

by-election means an election at which a member of the Assembly is to be elected to fill the place of a member of the Assembly whose seat has become vacant otherwise than by the expiration or dissolution of the Assembly;

candidate means a person who is nominated under section 69 to stand for election to Parliament;

Commission means the Victorian Electoral Commission established under section 6;

Commonwealth subdivision means a subdivision of an electoral division for the election
of a member of the House of Representatives under the Commonwealth Electoral Act 1918;

S. 3 def. of composite name inserted by No. 30/2018 s. 3(2).

composite name means a name formed from the names of more than one registered political party;

S. 3 def. of contact person inserted by No. 13/2022 s. 18.

contact person means a person included on a nomination form under section 69(3)(bb);

S. 3 def. of corrupt conduct inserted by No. 82/2012 s. 172, amended by No. 82/2012 s. 307(a).

corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;

Council means the Legislative Council;

S. 3 def. of Council election inserted by No. 2/2003 s. 23(e).

Council election means an election at which all the members of the Council have to be elected;

declaration vote means a vote on a ballot-paper marked under section 106, 108, 109 or 110;

district means electoral district;

S. 3 def. of election amended by No. 2/2003 s. 23(b).

election means—

(a) a general election; or

(b) a by-election; or

(c) a supplementary election; or

(d) a re-election;

election day means the day named as the election day in the writ for an election;

elector means a person whose name appears on the register of electors;

electoral advertisement, handbill, pamphlet or notice means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper announcing the holding of a meeting;

electoral claim means an application or declaration made under this Act;

Electoral Commissioner means the Electoral Commissioner appointed under section 12;

electoral paper includes any electoral claim and any prescribed form;

electoral roll means a list prepared under section 29 of the names and addresses of electors who are eligible to vote at a particular election;

eligible overseas elector means an elector who is enrolled under section 22(3);

eligible political party means a political party that is established on the basis of a written constitution (however described) that sets out the aims of the party and has at least 500 members who are—

(a) electors; and

(b) members in accordance with the rules of the political party; and

(c) not members of another registered political party or of a political party applying for registration;

exit poll means the canvassing of electors at large as to how they have voted at an election for the purpose of obtaining and publicly disseminating information about voting trends at the election;

S. 3 def. of general election inserted by No. 2/2003 s. 23(e).

general election means an election at which all the members of the Assembly and all the members of the Council have to be elected;

general postal voter means a person whose application to be a general postal voter is accepted under section 24;

how-to-vote card means any card, handbill, pamphlet or notice that—

(a) is or includes a representation or partial representation or purported representation or purported partial representation of a ballot-paper for use in an election; or

(b) lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of those candidates;

S. 3 def. of IBAC inserted by No. 82/2012 s. 172, amended by No. 82/2012 s. 307(b).

IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;

S. 3 def. of IBAC personnel inserted by No. 82/2012 s. 172, amended by No. 31/2024 s. 113(Sch. 1 item 8).

IBAC personnel has the same meaning as it has in the Integrity Oversight Victoria Act 2011;

infringement penalty means the amount stated in an infringement notice issued under section 167 as payable in respect of the offence to which the notice relates;

itinerant elector means an itinerant elector who is enrolled under section 22(4);

S. 3 def. of mobile billboard inserted by No. 13/2022 s. 18.

mobile billboard means any billboard that is capable of being displayed while being transported by any means (including by a motor vehicle, utility vehicle, motorcycle or a person);

name, in Parts 4 and 5, includes in respect of a political party—

(a) the full name of a political party; or

(b) the initials for, or acronym of, the full name of a political party; or

(c) the abbreviation of the full name of a political party;

Order in Council means an Order of the Governor in Council published in the Government Gazette;

organisation includes—

(a) a body corporate; or

(b) an association or other body of persons; or

(c) an association that consists of 2 or more organisations within the meaning of the preceding paragraphs; or

(d) a part of an organisation within the meaning of a preceding paragraph;

part, in relation to an organisation, includes—

(a) a branch or division of the organisation; or

(b) a part of a part of the organisation;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 50.1).

police officer has the same meaning as it has in the Victoria Police Act 2013;

political party means an organisation whose object or activity is to promote the election of a member of the party to Parliament;

prescribed offence means an offence specified in section 166(1);

President means the President of the Council and includes any person acting as the President of the Council;

principal place of residence includes the place of living to which a person, when temporarily living elsewhere, has a fixed intention of returning for the purpose of continuing to live at that place;

printed electoral material means an advertisement, handbill, pamphlet or notice that contains electoral matter;

S. 3 def. of province repealed by No. 2/2003 s. 23(c).

publish means publish by any means including by publication on the Internet;

S. 3 def. of region inserted by No. 2/2003 s. 23(e).

region means electoral region;

register of electors means the register of electors for Victoria established and maintained under section 21 that contains the names and addresses of all electors and the particulars required under the Act;

Register of Political Parties means the Register of Political Parties established under section 43;

registered how-to-vote card means a how-to-vote card registered under section 77 or 79;

S. 3 def. of registered medical practitioner amended by No. 97/2005 s. 182(Sch. 4 item 17), substituted by No. 13/2010 s. 51(Sch. item 20).

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registered political party means a political party that is registered under Part 4;

relevant period, in relation to an election, means the period that—

(a) starts on the day a writ is issued for the election; and

(b) ends at 6 p.m. on election day.

secretary, in relation to a political party, means the person who holds the office (however described) the duties of which involve responsibility for the carrying out of the administration, and for the conduct of the correspondence, of the party;

silent elector means an elector whose address is not on an electoral roll because of a request made under section 31;

S. 3 def. of simultaneous election repealed by No. 2/2003 s. 23(d).

Speaker means the Speaker of the Assembly and includes any person acting as the Speaker of the Assembly;

Tribunal means the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998;

voting centre means a place appointed by the Commission for voting at an election as—

(a) an early voting centre;

(b) a mobile voting centre;

(c) an election day voting centre.

S. 3A inserted by No. 85/2004 s. 3.

3A Homeless persons

(1) For the purposes of this Act, a reference in section 22(4) to a person includes a homeless person.

(2) In this section, homeless person means—

(a) a person living in—

(i) crisis accommodation; or

(ii) transitional accommodation; or

(iii) any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or

(b) a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth.

4 Electoral matter

(1) In this Act, electoral matter means matter which is intended or likely to affect voting in an election.

(2) Without limiting the generality of the definition of electoral matter, matter is to be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on—

(a) the election; or

(b) the Government, the Opposition, a previous Government or a previous Opposition, of the State; or

(c) the Government, the Opposition, a previous Government or a previous Opposition, of the Commonwealth or any other State or a Territory of the Commonwealth; or

(d) a member or a former member of the Parliament or the Parliament of the Commonwealth, any other State or a Territory of the Commonwealth; or

(e) a political party, a branch or division of a political party or a candidate in the election; or

(f) an issue submitted to, or otherwise before, the electors in connection with the election.

5 Extraterritorial operation of Act

This Act extends to election officials appointed for the purposes of this Act outside Victoria.

Part 2—Victorian Electoral Commission

6 Victorian Electoral Commission

(1) There is established by this Act the Victorian Electoral Commission.

(2) The Commission—

(a) is a body corporate with perpetual succession;

(b) represents the Crown in right of the State of Victoria;

(c) has a common seal;

(d) may sue and be sued in its corporate name;

(e) is, subject to this Act, capable of taking, purchasing, leasing, holding, selling and disposing of real and personal property for the purpose of performing its functions and exercising its powers under this Act;

(f) is capable of doing and suffering all acts and things that bodies corporate may by law do and suffer and which are necessary or expedient for the purpose of performing its functions and exercising its powers under this Act.

(3) The common seal of the Commission—

(a) must be kept as the Commission directs;

(b) must not be used except as authorised by the Commission.

7 Constitution of Commission

The Commission consists of one member being the person who is appointed as the Electoral Commissioner.

8 Responsibility and functions of the Commission

S. 8(1) amended by No. 2/2003 s. 21.

(1) The Commission is responsible for the administration of the enrolment process and the conduct of parliamentary elections and referendums in Victoria.

(2) The functions of the Commission are—

(a) to perform such functions as are conferred on the Commission by this or any other Act, other than functions which are expressly conferred on a specified person or body or the holder of a specified office;

(b) to report to each House of Parliament within 12 months of the conduct of each election on the administration of that election;

S. 8(2)(c) substituted by No. 53/2015 s. 93, amended by No. 9/2020 s. 390(Sch. 1 item 30.1).

(c) to produce voters' rolls for elections under the Local Government Act 2020;

S. 8(2)(ca) inserted by No. 53/2015 s. 93.

(ca) to assist the Melbourne City Council with the preparation of the voters' roll for that Council under the City of Melbourne Act 2001;

S. 8(2)(cb) inserted by No. 53/2015 s. 93, amended by No. 9/2020 s. 390(Sch. 1 item 30.1).

(cb) to conduct all elections and polls under the Local Government Act 2020 and the City of Melbourne Act 2001;

(d) to provide goods and services to persons or organisations on payment of any relevant fees, to the extent that the Commission is able to do so by using information or material in its possession or expertise acquired in the performance of its functions;

(e) to provide administrative and technical support to the Electoral Boundaries Commission established under section 3 of the Electoral Boundaries Commission Act 1982;

(f) to promote public awareness of electoral matters that are in the general public interest by means of the conduct of education and information programs;

(g) to conduct and promote research into electoral matters that are in the general public interest;

(h) to consider, and report to the Minister on, electoral matters that are in the general public interest referred to the Commission by the Minister;

(i) to administer this Act.

(3) The Commission must notify the Minister when the Commission has been engaged to conduct an election or poll for an organisation for which it has not previously conducted an election or poll.

(4) The Commission must report to each House of Parliament on all elections and polls referred to in subsection (3) within the first sitting week of each House of the Parliament immediately after 1 January and 1 July each year.

9 Powers of the Commission

(1) Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its responsibilities and functions.

(2) Without limiting the generality of subsection (1), the Commission may, subject to this Act, make and issue directions for or with respect to the enrolment process, elections and election procedures.

S. 9(3) inserted by No. 30/2018 s. 4.

(3) Without limiting the generality of subsection (1), the Commission may, subject to this Act, make, issue and publish determinations for or in connection with the performance of its responsibilities and functions and the exercise of its powers.

10 Commission not subject to direction or control

The Commission is not subject to the direction or control of the Minister in respect of the performance of its responsibilities and functions and the exercise of its powers.

11 Election manual and guidelines

(1) The Commission must publish an election manual for the purposes of this Act.

(2) The election manual must include directions issued by the Commission.

(3) The Commission may publish guidelines relating to the performance of its responsibilities and functions and the exercise of its powers.

12 The Electoral Commissioner

(1) The Governor in Council may appoint an officer to be called the Electoral Commissioner.

(2) The Electoral Commissioner—

(a) holds office for a period of 10 years; and

(b) may be re-appointed for one or more periods each of which does not exceed 10 years as is specified in the instrument by which the Electoral Commissioner is re-appointed.

(3) A person who—

(a) is a member of a registered political party; or

(b) has been a member of a political party at any time during the period of 5 years immediately preceding the date of the proposed appointment—

cannot be appointed to be the Electoral Commissioner.

(4) The office of the Electoral Commissioner becomes vacant—

(a) upon acceptance by the Governor in Council of the Electoral Commissioner's resignation in writing; or

(b) upon the Electoral Commissioner becoming a bankrupt; or

(c) upon the Electoral Commissioner nominating for election for the Parliament of Victoria or of the Commonwealth or of any other State or Territory of the Commonwealth; or

(d) upon the Governor in Council determining that the Electoral Commissioner is physically or mentally incapable of carrying out the duties of office; or

(e) upon the passing of a resolution by both Houses of Parliament requesting the Electoral Commissioner's removal from office; or

(f) upon the Electoral Commissioner being convicted of an indictable offence or being sentenced to imprisonment for any offence.

S. 12(5) amended by No. 108/2004 s. 117(1) (Sch. 3 item 62.1)

(5) Nothing in the Public Administration Act 2004 applies to or in relation to the office of the Electoral Commissioner or to any person holding that office.

(6) The Governor in Council may by Order in Council fix the terms and conditions of employment which are applicable to the Electoral Commissioner.

13 Deputy Electoral Commissioner

(1) The Governor in Council may appoint an officer to be called the Deputy Electoral Commissioner.

(2) The Deputy Electoral Commissioner—

(a) holds office for a period of 10 years; and

(b) may be re-appointed for one or more periods each of which does not exceed 10 years as is specified in the instrument by which the Deputy Electoral Commissioner is re-appointed.

(3) A person who—

(a) is a member of a registered political party; or

(b) has been a member of a political party at any time during the period of 5 years immediately preceding the date of the proposed appointment—

cannot be appointed to be the Deputy Electoral Commissioner.

(4) The office of the Deputy Electoral Commissioner becomes vacant—

(a) upon acceptance by the Governor in Council of the Deputy Electoral Commissioner's resignation in writing; or

(b) upon the Deputy Electoral Commissioner becoming a bankrupt; or

(c) upon the Deputy Electoral Commissioner nominating for election for the Parliament of Victoria or of the Commonwealth or of any other State or Territory of the Commonwealth; or

(d) upon the Governor in Council determining that the Deputy Electoral Commissioner is physically or mentally incapable of carrying out the duties of office; or

(e) upon the passing of a resolution by both Houses of Parliament requesting the Deputy Electoral Commissioner's removal from office; or

(f) upon the Deputy Electoral Commissioner being convicted of an indictable offence or being sentenced to imprisonment for any offence.

S. 13(5) amended by No. 108/2004 s. 117(1) (Sch. 3 item 62.1)

(5) Nothing in the Public Administration Act 2004 applies to or in relation to the office of the Deputy Electoral Commissioner or to any person holding that office.

(6) The Governor in Council may by Order in Council fix the terms and conditions of employment which are applicable to the Deputy Electoral Commissioner.

(7) If the Deputy Electoral Commissioner is unable, whether on account of illness or otherwise, to perform the duties of the office of Deputy Electoral Commissioner, the Governor in Council may appoint an eligible person to act as Deputy Electoral Commissioner during that period of inability.

14 Suspension from office

(1) The Governor in Council may suspend the Electoral Commissioner or the Deputy Electoral Commissioner from office—

(a) on the ground of neglect of duty; or

(b) on the ground of misconduct; or

(c) on any other ground which in the opinion of the Governor in Council makes the Electoral Commissioner or the Deputy Electoral Commissioner unfit for office.

(2) If the Governor in Council suspends the Electoral Commissioner or the Deputy Electoral Commissioner from office, the Minister must within 2 hours of the suspension being made give notice in writing of the suspension to—

(a) the President; and

(b) the Speaker; and

(c) the Leader of each political party in each House of the Parliament.

(3) If Parliament is not sitting at the time when the Governor in Council suspends the Electoral Commissioner or the Deputy Electoral Commissioner from office, the Parliament must be summoned to meet as soon as practicable after a petition signed by—

(a) not less than 20 members of the Assembly; or

(b) not less than 30 members of Parliament all or any of whom are members of the Council—

objecting to the suspension and requesting that Parliament be summoned is addressed and given to the Speaker or the President.

(4) An Electoral Commissioner or a Deputy Electoral Commissioner who is suspended must be restored to office unless—

(a) a statement setting out the grounds of suspension is placed before each House of Parliament during the first 7 sitting days of that House following the suspension; and

(b) each House of Parliament within 20 days of the statement being placed before it passes a resolution requesting the removal of the Electoral Commissioner or the Deputy Electoral Commissioner from office.

15 Other terms and conditions

(1) If the Electoral Commissioner or the Deputy Electoral Commissioner is at the time of appointment an officer within the meaning of the State Superannuation Act 1988, the Electoral Commissioner or the Deputy Electoral Commissioner continues subject to that Act to be an officer within the meaning of that Act.

(2) The Electoral Commissioner or the Deputy Electoral Commissioner must not without the consent of the Governor in Council directly or indirectly engage in any paid employment outside of the office of Electoral Commissioner or Deputy Electoral Commissioner.

(3) If the Electoral Commissioner or the Deputy Electoral Commissioner directly or indirectly engages in any paid or unpaid employment outside of the office of Electoral Commissioner or Deputy Electoral Commissioner, the Electoral Commissioner or the Deputy Electoral Commissioner must immediately advise the Minister.

(4) The Minister must ensure that a statement giving details of employment advised under subsection (3) is placed before each House of Parliament during the first 7 sitting days of that House after the Minister is so advised.

(5) Subject to this Act, the person who immediately before the commencement of this section—

(a) holds the office of Electoral Commissioner, continues to hold that office until the end of the period when the term of appointment to the office would have expired; and

(b) holds the office of Deputy Electoral Commissioner, continues to hold that office until the end of the period when the term of appointment to the office would have expired.

16 Functions, powers and duties

(1) The Electoral Commissioner—

(a) constitutes the Commission under section 7; and

(b) has the functions, powers and duties delegated to the Electoral Commissioner by the Commission.

(2) The Deputy Electoral Commissioner—

(a) has the functions, powers and duties delegated to the Deputy Electoral Commissioner by the Commission or the Electoral Commissioner; and

(b) if the Electoral Commissioner is absent or unavailable to discharge the duties of his or her office or the office of Electoral Commissioner is temporarily vacant, has the duty to act in the office of Electoral Commissioner in which case the Deputy Electoral Commissioner has all the functions, powers and duties specified in subsection (1).

(3) The Electoral Commissioner and the Deputy Electoral Commissioner must before commencing the duties of office take an oath or make an affirmation to perform faithfully and impartially the duties of office.

(4) The oath or affirmation is to be administered by the Speaker.

17 Staff

S. 17(1) amended by No. 108/2004 s. 117(1) (Sch. 3 item 62.1)

(1) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.

(2) A person employed for the purposes of this Act must not nominate for election for the Parliament of Victoria or of the Commonwealth or of any other State or Territory of the Commonwealth.

S. 17A inserted by No. 26/2011 s. 35.

17A Application of the Equal Opportunity Act 2010

(1) In accordance with section 75 of the Equal Opportunity Act 2010, the Commission may discriminate against a person in relation to offering employment or appointment as a member of the audit committee of the Commission on the basis of that person's political belief or activity.

(2) The Commission, by notice published in the Government Gazette, must issue guidelines setting out the criteria to be applied in relation to refusing employment or appointment under subsection (1).

(3) In this section, employment has the same meaning as it has in the Equal Opportunity Act 2010.

18 Election managers and election officials

(1) The Commission may appoint, for the purposes of this Act, appropriate persons to be—

(a) election managers; or

(b) election officials.

(2) A person appointed under this section must not while holding the appointment nominate for election for the Parliament of Victoria or of the Commonwealth or of any other State or Territory of the Commonwealth.

(3) If a person appointed under this section does not comply with subsection (2), the appointment of that person is revoked by virtue of this subsection.

(4) The powers and duties of a class of persons appointed under this section are—

(a) the powers and duties specified by or under this Act in respect of that class of persons; and

(b) any other powers and duties not inconsistent with this Act as may be specified by the Commission in the instrument of appointment of persons of that class.

(5) The Commission must pay persons appointed under this section the remuneration and allowances determined by the Commission.

S. 18(6) amended by No. 2/2003 s. 24(a).

(6) A reference in a provision of this Act which—

(a) provides for the giving of a document to; or

(b) confers a power or function on—

the election manager is to be taken to be a reference to the election manager appointed for the election for the region or district to which the provision applies.

S. 18(7) amended by No. 2/2003 s. 24(a).

(7) A reference in a provision of this Act which—

(a) provides for the giving of a document to; or

(b) confers a power or function on—

an election official is to be taken to be a reference to an election official of a class appointed for the election for the region or district to which the provision applies.

S. 18(8) amended by No. 2/2003 s. 24(b)(i)(ii).

(8) In the case of a general election, the election manager for a district is also responsible for exercising all the duties and powers in relation to the conduct of the election for a region in so far as any part of any region lies within that district (whether an election is to be conducted for both or not) until—

(a) the votes from each voting centre have been counted; and

S. 18(8)(b) amended by No. 2/2003 s. 24(b)(iii).

(b) the votes relating to the election for any region have been forwarded to the election manager for that region.

S. 18(9) amended by No. 2/2003 s. 24(c).

(9) If any duty or power is performed or exercised by the election manager for a district, the election manager for the region is not required to perform that duty or to exercise that power.

19 Delegations

(1) Subject to subsection (2), the Commission may, by instrument under its common seal, delegate to—

(a) the Electoral Commissioner; or

(b) the Deputy Electoral Commissioner; or

(c) a member of staff employed under section 17; or

(d) an election manager or election official appointed under section 18—

any function or power of the Commission under this Act or any other Act or under the regulations.

(2) The Commission cannot delegate—

(a) its power of delegation; or

(b) the power to review an election manager's decision in respect of the registration of a how-to-vote card if an appeal has been made against the decision; or

S. 19(2)(c) amended by No. 91/2003 s. 3.

(c) the power to allow or disallow a ballot-paper on a recount if the number of ballot-papers reserved under section 120(4) for the decision of the Commission may determine whether a particular candidate is declared elected.

(3) The Electoral Commissioner may by instrument delegate to—

(a) the Deputy Electoral Commissioner; or

(b) a member of staff employed under section 17; or

(c) an election manager or election official appointed under section 18—

any function or power of the Electoral Commissioner under this Act or any other Act or under the regulations other than this power of delegation.

S. 19A inserted by No. 82/2012 s. 173.

19A Mandatory notification of corrupt conduct to IBAC

S. 19A(1) substituted by No. 30/2016 s. 79.

(1) Subject to any exemption notice issued under section 57B of the Independent Broad‑based Anti-corruption Commission Act 2011, the Electoral Commissioner must notify the IBAC of any matter that the Electoral Commissioner suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Electoral Commissioner becomes aware in the performance of functions or duties or the exercise of powers under this Act or any other Act.

(2) This section does not apply to corrupt conduct of the IBAC or IBAC personnel.

S. 19B (Heading) amended by No. 13/2022 s. 19.

S. 19B inserted by No. 82/2012 s. 173.

19B Consultation prior to notification

For the purposes of deciding whether to make a notification under section 19A to the IBAC, the Electoral Commissioner may consult the IBAC.

S. 19C inserted by No. 82/2012 s. 173.

19C Communication of information to the IBAC

(1) At any time, the Electoral Commissioner may provide or disclose any information received or obtained in the course of the performance of functions or duties or the exercise of powers under this Act or any other Act to the IBAC if the Electoral Commissioner considers that—

(a) the information is relevant to the performance of the functions or duties or the exercise of powers of the IBAC; and

(b) it is appropriate for the information to be brought to the attention of the IBAC, having regard to the nature of the information.

(2) This section applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).

S. 19D inserted by No. 82/2012 s. 173.

19D Electoral Commissioner not to prejudice investigations of the IBAC

(1) If the Electoral Commissioner is, or becomes, aware of an IBAC investigation, the Electoral Commissioner must take all reasonable steps to ensure that the performance of its functions or duties or the exercise of its powers does not prejudice the IBAC investigation.

(2) For the purposes of ensuring compliance with subsection (1), the Electoral Commissioner may consult the IBAC.

Part 3—Enrolment procedures and information

Division 1—Register of electors

20 Arrangement with Commonwealth

The Governor in Council may arrange with the Governor-General of the Commonwealth for—

(a) a joint enrolment process; and

(b) the exchange of information necessary for the preparation, maintenance and revision of the register of electors and the rolls—

under this Act and the Commonwealth Electoral Act 1918.

21 Register of electors for Victoria

The Commission must establish, maintain and regularly update a register of electors for Victoria.

22 Entitlement to enrolment of electors for Assembly and Council

(1) A person who is qualified to enrol as an elector for the Assembly and Council under the Constitution Act 1975 and has lived at an address in Victoria that is the person's principal place of residence for at least one month immediately before the date of the person's claim for enrolment as an elector is entitled in respect of living at that address to enrol on the register of electors.

(2) A person who is serving a sentence of imprisonment or detention imposed by a court upon a conviction for an offence is deemed to be enrolled for the address at which the person lived as the person's principal place of residence at the time of the conviction.

S. 22(3) amended by No. 30/2018 s. 5.

(3) Despite subsection (1), if a person's name appears on a roll maintained under the Commonwealth Electoral Act 1918 for a Commonwealth subdivision in respect of an address in Victoria and that roll is annotated to indicate that the elector is an eligible overseas elector under section 94, 94A or 95 of the Commonwealth Electoral Act 1918, the person is entitled to be enrolled on the register of electors for that address.

(4) Despite subsection (1), if a person's name appears on a roll maintained under the Commonwealth Electoral Act 1918 in respect of an address in a Commonwealth subdivision in Victoria with which the person has established a connection under section 96 of that Act and that roll is annotated to indicate that the elector is an itinerant elector under section 96 of that Act, the person is entitled to be enrolled on the register of electors for that address.

(5) A person who has attained 17 years of age is entitled to enrol on the register of electors if—

(a) the person would be entitled to enrol under subsection (1) had the person attained 18 years of age; and

(b) the person has made a claim under section 23(2).

(6) An Antarctic elector is deemed to be enrolled for the address at which the Antarctic elector lived as his or her principal place of residence immediately before leaving Victoria for Antarctica.

23 Claims for enrolment and notice of change of address

(1) A person who is entitled to enrol on the register of electors (other than under section 22(3), 22(4) or 22(5)) and whose name is not on the register of electors must within 21 days of becoming so entitled—

(a) complete and sign a claim for enrolment in the prescribed form in accordance with the directions on the form; and

(b) forward the claim for enrolment to the Commission.

(2) A person who is entitled to enrol on the register of electors under section 22(5) may—

(a) complete and sign a claim for provisional enrolment in the prescribed form in accordance with the directions on the form; and

(b) forward the claim for provisional enrolment to the Commission.

S. 23(3) substituted by No. 30/2018 s. 6.

(3) A claim for enrolment under subsection (1) or (2) must include or be accompanied by one of the following forms of identification—

(a) if the person completing the claim is the holder of a driver licence or learner permit under the law of Victoria or another State or a Territory of the Commonwealth, the number of the driver licence or learner permit;

(b) if the person completing the claim is the holder of an Australian passport issued under the Australian Passports Act 2005 of the Commonwealth, the number of the Australian passport;

(c) an attestation as to the identity of the person completing the claim that is—

(i) in the prescribed form; and

(ii) signed by an elector;

(d) any other form of evidence of identity that is prescribed by the regulations for the purposes of this subsection.

(4) If a person who is enrolled on the register of electors changes the address of his or her principal place of residence, the person must notify the Commission in writing of the person's new address within 21 days after becoming entitled to be enrolled on the register of electors in respect of living at that new address.

(5) If a person forwards to the Commission—

(a) a claim for enrolment under subsection (1) or (2); or

(b) a notice of change of address—

proceedings must not be instituted against that person for any offence against subsection (1) or (4) allegedly committed before the forwarding of that claim or notice.

(6) The Commission must process a claim for enrolment under subsection (1) or (2) or a notice of change of address in accordance with the regulations.

(7) The Commission—

(a) may accept or reject a claim for enrolment under subsection (1) or (2); and

(b) must advise the person in writing of a decision to reject the claim.

S. 23(8) inserted by No. 41/2010 s. 4.

(8) If the Commission sends a person a notice in writing under section 23A(2), proceedings must not be instituted against the person for any offence against subsection (1) which occurred before the Commission sent that notice.

S. 23A inserted by No. 41/2010 s. 3.

23A Enrolment by the Commission

(1) This section applies if a person who would be entitled to enrol on the register of electors under section 22(5) has attained 18 years of age but has not made a claim for provisional enrolment under section 23(2).

(2) If a person to whom this section applies has not made a claim for enrolment within 21 days of becoming entitled to do so, the Commission may, on its own initiative after the expiry of that period, by notice in writing advise the person that—

S. 23A(2)(a) amended by No. 31/2013 s. 5.

(a) the Commission considers that, having regard to information obtained under an arrangement under section 20 or provided to the Commission under section 26(4), the person is entitled to be enrolled on the register of electors;

(b) the Commission proposes to enrol the person on the register of electors in respect of the person's principal place of residence as specified in the notice;

(c) the Commission will enrol the person on the register of electors unless, within the period specified in the notice (being not less than 14 days after the date of the notice), the person advises the Commission of the reason why the person is not entitled to be enrolled on the register of electors;

(d) if the person considers that any details of the proposed enrolment are incorrect, the person must within the period specified in the notice advise the Commission.

(3) If the Commission does not receive any advice under subsection (2)(c) or (2)(d) at the expiry of the period specified in the notice under subsection (2), the Commission must—

(a) register the person on the register of electors; and

(b) advise the person in writing that the person has been registered on the register of electors.

(4) If the Commission receives advice under subsection (2)(c) before the expiry of the period specified in the notice under subsection (2), the Commission must—

(a) consider whether the reason given as to why the person is not entitled to be enrolled is valid;

(b) if the Commission considers that the reason given as to why the person is not entitled to be enrolled is valid, advise the person in writing that the person will not be registered on the register of electors;

(c) if the Commission considers that the reason given as to why the person is not entitled to be enrolled is not valid—

(i) register the person on the register of electors; and

(ii) advise the person in writing that the person has been registered on the register of electors.

(5) If the Commission receives advice under subsection (2)(d) before the expiry of the period specified in the notice under subsection (2), the Commission, after making any corrections that the Commission considers appropriate, must—

(a) register the person on the register of electors; and

(b) advise the person in writing that the person has been registered on the register of electors.

24 General postal voters

(1) A person may apply to the Commission in the prescribed form to be a general postal voter if the person is—

(a) an elector whose principal place of residence is not within 20 kilometres, by the nearest practicable route, of an election day voting centre; or

S. 24(1)(aa) inserted by No. 30/2018 s. 7.

(aa) an elector who is entitled to be treated as an eligible overseas elector under section 94, 94A or 95 of the Commonwealth Electoral Act 1918; or

(b) an elector who by reason of being seriously ill or infirm is unable to travel to an election day voting centre; or

(c) an elector who, because he or she will be at a place (other than a hospital) caring for a person who is seriously ill or infirm, is unable to travel from that place to an election day voting centre; or

S. 24(1)(ca) inserted by No. 38/2005 s. 3.

(ca) an elector who has attained 70 years of age; or

(d) an elector who—

(i) is serving a sentence of imprisonment; or

(ii) is otherwise in lawful custody or detention; or

(e) a silent elector; or

(f) an elector who because of his or her religious beliefs or membership of a religious order—

(i) is precluded from attending an election day voting centre; or

(ii) for the greater part of the hours of voting on election day, is precluded from attending an election day voting centre.

(2) An application in the prescribed form to the Commission to be a general postal voter may be made by a person on behalf of an elector certified in writing by a registered medical practitioner to be so physically incapacitated that the elector cannot sign the elector's name.

(3) The certificate referred to in subsection (2) must be forwarded to the Commission with the application under subsection (2) to which it relates.

(4) An application to be a general postal voter received by the Commission during the period that—

(a) starts at 8 p.m. on the day of the close of the roll; and

(b) ends at 6 p.m. on election day—

must not be considered until after the expiration of that period.

(5) The Commission must process an application to be a general postal voter in accordance with the regulations.

(6) The Commission—

(a) may accept or reject an application under subsection (1) or (2); and

(b) must advise the person in writing of a decision to reject the application.

25 Power to refuse to include inappropriate names on register

(1) The Commission may refuse to include a person's name on the register of electors if—

(a) the Registrar of Births, Deaths and Marriages has determined that the name is a prohibited name within the meaning of the Births, Deaths and Marriages Registration Act 1996; or

(b) the Commission considers that—

(i) the name is fictitious, frivolous or obscene; or

(ii) the name is not the name by which the person is usually known; or

(iii) the name was not registered as the person's name under the Births, Deaths and Marriages Registration Act 1996 or the Registration of Births Deaths and Marriages Act 1959; or

(iv) the name is not written in the alphabet used for the English language; or

(v) it is contrary to the public interest to include the name.

(2) If the Commission decides to refuse to include a person's name on the register of electors under subsection (1), the Commission must—

(a) notify the person in writing of that decision; and

(b) advise the person that the person is entitled at any time within one month after the receipt of the notice to appeal to the Tribunal for an order directing that the person's name be included on the register of electors.

26 Information to be supplied to Commission

(1) The Registrar of Births, Deaths and Marriages must within 3 days after the end of each month forward to the Commission a list setting out the name, date of birth, sex and the last-known place of residence at the date of the death, of each person of the age of 17 years or more whose death was registered by the Registrar of Births, Deaths and Marriages during the month.

(2) The Registrar of Births, Deaths and Marriages must within 3 days after the end of each month forward to the Commission a list of changes of names of persons under Part 4 of the Births, Deaths and Marriages Registration Act 1996 during the month showing—

(a) the previous recorded or registered name of each person; and

(b) the name under which that person is registered in the register of changes of name; and

(c) the address of that person.

(3) The Secretary to the Department of Justice must as soon as practicable after the beginning of each month forward to the Commission a list specifying the name, date of birth, sex and last known place of residence, of each person who during the preceding month has been convicted in Victoria and is serving a sentence of 5 years imprisonment or more for an offence against the law of Victoria, the Commonwealth or another State or a Territory of the Commonwealth.

(4) The Commission may by notice in writing require—

S. 26(4)(a) substituted by No. 108/2004 s. 117(1) (Sch. 3 item 62.2)

(a) a public service body Head within the meaning of the Public Administration Act 2004; or

S. 26(4)(b) amended by No. 9/2020 s. 390(Sch. 1 item 30.2).

(b) a Chief Executive Officer appointed by a Council under section 44 of the Local Government Act 2020; or

(c) a chief executive officer of a public statutory authority; or

S. 26(4)(d) amended by No. 37/2014 s. 10(Sch. item 50.2).

(d) a police officer; or

(e) a distribution company or a retailer within the meaning of the Electricity Industry Act 2000; or

(f) an elector or a person qualified to be an elector—

to provide the information requested in the notice, being information that in the opinion of the Commission is required in connection with the preparation, maintenance or review of the register of electors.

(5) A person who is requested by notice under subsection (4) to provide information must provide that information within 21 days after the date specified in the notice.

27 Review of register of electors

(1) The Commission must regularly review the register of electors.

(2) The Commission must ensure that the details entered in the register of electors are accurate.

28 Register of electors not available for public inspection

The Commission must ensure that the register of electors is not available for public inspection.

Division 2—Electoral rolls

29 Electoral rolls

(1) An electoral roll—

(a) must be prepared by the Commission as soon as practicable after the close of the roll in relation to an election; and

(b) must be prepared by the Commission when so required under any other Act; and

(c) may be in a form determined by the Commission.

(2) Despite section 23(2), a person who will not attain 18 years of age on election day for an election is not entitled to be included on an electoral roll prepared by the Commission in relation to the election.

(3) The Commission must not include on an electoral roll prepared under subsection (1)(a)—

S. 29(3)(a) amended by No. 91/2003 s. 4(a).

(a) the names of any electors whose claims for enrolment have been received by the Commission after the close of the roll; or

S. 29(3)(aa) inserted by No. 41/2010 s. 5.

(aa) the names of any electors registered on the register of electors under section 23A by the Commission after the close of the roll; or

S. 29(3)(b) amended by No. 91/2003 s. 4(b).

(b) any changes to particulars which have been received by the Commission after the close of the roll.

30 Correction of errors in electoral rolls

(1) If any accidental or unavoidable impediment, misfeasance or omission has happened in the preparation or printing of any electoral roll under this Part, the Governor in Council may by Order in Council—

(a) take the measures necessary for removing the impediment or rectifying the misfeasance or omission; or

(b) declare the electoral roll to be valid despite the impediment, misfeasance or omission.

(2) The Order in Council must state specifically the nature of the impediment, misfeasance or omission.

31 Request to be silent elector

(1) A person may lodge a request in the prescribed form that the address of the person's principal place of residence not be shown on any electoral roll if the person considers that having that address on an electoral 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 Commission is satisfied that having the address of the person making the request shown on any electoral roll places or would place the personal safety of the person or members of the person's family at risk, the Commission must ensure that the address of the person is not entered on any electoral roll.

(4) The Commission must notify the person in writing of a decision to grant or refuse a request made by a person under subsection (1).

32 Inspection of list of electors and electoral rolls

(1) The Commission must prepare every 6 months a list of the names of electors (other than silent electors) in alphabetical order and their addresses.

(2) The Commission must ensure that copies of the latest list of electors are available for public inspection free of charge at the office of the Commission during office hours.

(3) The Commission must ensure that copies of the latest print of any electoral roll are available for public inspection free of charge at any place and during times determined by the Commission.

Division 3—Enrolment information

33 Provision of enrolment information to political parties, members and candidates

(1) The Commission must provide to each registered political party, free of charge, a list specifying electors and their particulars—

(a) once during each Assembly; and

(b) as soon as practicable after a redivision under the Electoral Boundaries Commission Act 1982; and

(c) on receiving a request from the registered political party not more than 11 times each year.

S. 33(2) amended by No. 2/2003 s. 25(a).

(2) The Commission must provide to each member of the Assembly and each member of the Council, free of charge, a list specifying electors for the district or region for which the member was elected and the electors' particulars—

(a) once during each Assembly; and

(b) on receiving a request from the member not more than once each year.

(3) Following a redivision under the Electoral Boundaries Commission Act 1982, the Commission must provide each member of the Assembly, free of charge, a list specifying electors for the district for which the member was elected and a list specifying electors for the district whose name and boundary is published under section 15 of that Act after the redivision and that, in the opinion of the Commission, most resembles the district for which the member was elected and the particulars of the electors on both lists—

(a) as soon as practicable after the redivision; and

(b) on receiving a request from the member not more than once each year until the Assembly is dissolved.

S. 33(4) amended by No. 2/2003 s. 25(b)(i).

(4) Following a redivision under the Electoral Boundaries Commission Act 1982, the Commission must provide each member of the Council, free of charge, a list specifying electors for the region for which the member was elected and a list specifying electors for the region whose name and boundary is published under section 14 of that Act after the redivision and that, in the opinion of the Commission, most resembles the region for which the member was elected and the particulars of the electors on both lists—

(a) as soon as practicable after the redivision; and

S. 33(4)(b) amended by No. 2/2003 s. 25(b)(ii).

(b) on receiving a request from the member not more than once each year until the Assembly is dissolved.

(5) On the request of a member of the Assembly or Council, the Commission must provide to the member at least 6 times each year free of charge—

S. 33(5)(a) amended by No. 2/2003 s. 25(c)

(a) a list specifying electors whose addresses for which they are enrolled were in the district or region represented by the member immediately before a list was last provided under this subsection but are now no longer in that district or region and the particulars of those electors; and

S. 33(5)(b) amended by No. 2/2003 s. 25(c)

(b) a list specifying electors whose addresses for which they are enrolled were not in the district or region represented by the member immediately before a list was last provided under this subsection but are now in that district or region and the particulars of those electors.

(6) On the request of any candidate for an election, the Commission must provide to the candidate, free of charge, a copy of the electoral roll for the election in a form determined by the Commission.

(7) The Commission must not provide particulars of silent electors under this section.

34 Provision of enrolment information to others

(1) After receiving a request from any person or organisation not referred to in section 33 for a list of electors and their particulars, the Commission must—

(a) identify the public interest in providing the requested information; and

S. 34(1)(b) substituted by Nos 60/2014 s. 140(Sch. 3 item 15.1), 20/2017 s. 134(Sch. 1 item 8(a)).

(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

S. 34(1)(c) amended by Nos 60/2014 s. 140(Sch. 3 item 15.2), 20/2017 s. 134(Sch. 1 item 8(b)).

(c) taking into account the advice of the Information Commissioner, make a finding whether or not the public interest in providing the requested information outweighs the public interest in protecting the privacy of personal information in the particular circumstances.

(2) Subject to subsection (3), if the Commission has made a finding under subsection (1) that the public interest in providing the requested information outweighs the public interest in protecting the privacy of personal information, the Commission may—

(a) provide to the person or organisation a list specifying electors and their particulars; and

(b) charge a fee that covers the cost to the Commission of providing the list.

(3) The Commission must obtain from the person or organisation to be provided with information under this section an undertaking that the person or organisation will—

(a) only use the information for the purpose for which the Commission agreed to provide the information; and

(b) not copy the information or give it to any other person or organisation; and

(c) return the information to the Commission or destroy the information after using it for the purpose for which the Commission agreed to provide the information.

(4) If the Commission provides enrolment information under this section—

(a) to a person or organisation that conducts medical research; or

(b) to a person or organisation that provides a health screening program—

the Commission may include in the enrolment information the age ranges of electors in a form determined by the Commission.

(5) The Commission must not provide particulars of silent electors under this section.

(6) The Commission must make available for public inspection, free of charge, at the office of the Commission, any finding made under subsection (1).

35 Report to Parliament

As soon as practicable after 30 June each year, the Commission must cause a report to be laid before each House of Parliament on the provision of enrolment information under section 34 and on any finding made under that section during the previous 12 months ending on that date.

36 Use of enrolment information

(1) A registered political party, person or organisation must not use enrolment information that is provided by the Commission under section 33 or 34 except for the purpose that is a permitted purpose in relation to the party, person or organisation to which the information was provided.

Note to s. 36(1) inserted by No. 13/2013 s. 20(1).

(2) The permitted purposes in relation to a registered political party or a candidate are—

(a) any purpose in connection with an election; and

(b) monitoring the accuracy of information contained on an electoral roll or on the register of electors.

(3) The permitted purposes in relation to a member of the Assembly or the Council are—

(a) any purpose in connection with an election; and

(b) monitoring the accuracy of information contained on an electoral roll or on the register of electors; and

(c) exercising the functions of a member in relation to the member's constituents.

(4) The permitted purpose in relation to a person or organisation (other than a registered political party, a candidate or a member of the Assembly or the Council) is the purpose for which the Commission agreed to provide the information.

37 Prohibition of disclosure or commercial use of enrolment information

S. 37(1) amended by No. 30/2018 s. 28(2).

(1) For the purposes of this section, enrolment information is protected information in relation to a person if the person knows, or has reasonable grounds for believing, that the information has been provided under section 33, 34 or 104A.

(2) A person must not disclose protected information unless the disclosure would be a use of the information for a permitted purpose under section 36.

(3) A person must not use protected information for a commercial purpose.

Note to s. 37 inserted by No. 13/2013 s. 20(2).

Section 179A applies to an offence against subsection (2) or (3).

Division 4—Enrolment objections and Tribunal reviews

38 Objections to enrolment

(1) An elector may object to the enrolment of a person on the ground that—

(a) the person is not entitled to be enrolled; or

(b) the address for which a person is enrolled is not the person's principal place of residence.

(2) An elector's objection under subsection (1) must—

(a) be in writing and in the prescribed form; and

(b) be signed by the elector; and

(c) set out the ground for the objection; and

(d) be lodged with the Commission.

(3) If no objection to a person's enrolment has been received under subsection (1) and the Commission has reason to believe that the person is not entitled to be enrolled or that the address for which the person is enrolled is not the person's principal place of residence, the Commission must—

(a) object to the enrolment of the person; and

(b) set out the ground for that objection.

(4) An objection on the ground that the address for which a person is enrolled is not the person's principal place of residence is not a sufficient ground of objection unless the objection alleges that the person objected to does not live at the address and has not lived at the address for at least one month immediately before the date of the objection.

39 Notice of objection

(1) If an objection is made under section 38, the Commission must notify the person whose enrolment is objected to of the objection.

(2) Notice under subsection (1)—

(b) may be given to the person objected to by being posted to the person.

40 Answer to objection

The person objected to under section 38 may orally or in writing in the manner specified in the notice of objection answer the objection.

41 Determination of objection

(1) The Commission must determine the objection—

S. 41(1)(a) substituted by No. 91/2003 s. 5.

(a) as soon as practicable after—

(i) receiving the answer of the person objected to; and

(ii) making any further enquiries that appear necessary to the Commission in relation to matters contained in the answer; or

(b) if no answer is received within a period of 20 days after the posting of the notice, then immediately after the expiration of that period.

(2) If it appears to the Commission that the person objected to is not entitled to be enrolled at the address in respect of which the objection has been made, the Commission must remove the person's name from the register of electors.

42 Review by Tribunal

(1) Any person—

(a) who has forwarded a claim for enrolment or a claim for provisional enrolment and has not been enrolled; or

(b) who has forwarded a notice regarding his or her change of address of enrolment and whose address has not been changed on the register of electors; or

(c) whose name the Commission refused to include on the register of electors under section 25; or

(d) whose name has been removed from the register of electors by the Commission after an objection under section 38—

may apply to the Tribunal for review of the Commission's decision.

(2) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

Part 4—Registration of political parties

43 Register of Political Parties

The Commission must establish and maintain a Register of Political Parties containing a list of the political parties that are registered under this Part.

44 Registered officer of a political party

(1) Subject to subsection (2), a reference in this Act to the registered officer of a registered political party is a reference to the person shown on the Register of Political Parties as the registered officer of that party.

S. 44(2) amended by No. 38/2005 s. 4.

(2) A reference in this Act to the registered officer of a registered political party includes a reference to a person for the time being nominated by the registered officer of a political party as a deputy registered officer of the political party for the purposes of this Act.

(3) A nomination under subsection (2)—

(a) must be in writing, signed by the registered officer and lodged with the Commission; and

(b) must specify the name and address of the person nominated and be signed by that person; and

(c) may be revoked at any time by the registered officer by written notice lodged with the Commission.

45 Application for registration

(1) An eligible political party may apply to the Commission to be registered if the political party had not made an application for registration within the previous 6 months that was refused by the Commission.

S. 45(1A) inserted by No. 30/2018 s. 8(1).

(1A) An application for the registration of a political party cannot be made during the period commencing 115 days before the day of the 2018 general election resulting from the expiration of the Assembly, or during the period commencing 120 days before the day of any other general election resulting from the expiration of the Assembly.

(2) An application for the registration of an eligible political party must—

(a) be in writing, signed by the secretary of the political party; and

(b) set out the name of the political party; and

(c) set out the name and address of the person who is to be the registered officer of the political party for the purposes of this Act; and

(d) be accompanied by a copy of the constitution (however described) of the political party; and

(e) be accompanied by a statutory declaration made by the secretary stating that at least 500 members of the political party are—

(i) electors; and

(ii) members in accordance with the rules of the political party; and

(iii) not members of another registered political party or of a political party applying for registration; and

(f) be accompanied by a list, in a form determined by the Commission, of the names and addresses of at least 500 members of the political party who meet the requirements set out in paragraph (e); and

S. 45(2)(g) amended by No. 10/2004 s. 15(Sch. 1 item 6.1).

(g) be accompanied by a fee of 50 fee units.

S. 45(3) inserted by No. 30/2018 s. 8(2).

(3) An application for the registration of an eligible political party may include a request that the Commission enter a logo submitted in relation to the political party in the Register of Political Parties for the printing of ballot-papers in accordance with section 74.

S. 45(4) inserted by No. 30/2018 s. 8(2).

(4) An application under subsection (3) must include—

(a) a copy of the logo as a black and white image in a format determined by the Commission; and

(b) a declaration that the use of the logo will not infringe the intellectual property rights of any person; and

(c) any other requirements as determined by the Commission.

S. 46 (Heading) amended by No. 30/2018 s. 9(1).

46 Political party or logo not to be registered during election

During the period that starts on the day of the issue of the writ for an election and ends on the day on which the writ is returned—

(a) the Commission must not—

(i) consider an application made under section 45; or

S. 46(a)(ii) amended by No. 30/2018 s. 9(2).

(ii) register an eligible political party or a logo in relation to an eligible political party; and

(b) the Tribunal must not—

(i) review a decision made on an application under section 45; or

(ii) make an order in relation to an application under section 45.

47 Political parties with certain names not to be registered

The Commission must refuse an application for the registration of a political party if, in the opinion of the Commission, the name of the political party that the party wishes to use for the purposes of this Act—

(a) comprises more than 6 words; or

(b) is obscene; or

(c) is not a proper abbreviation of the name of the political party; or

(d) is the name of another registered political party; or

(e) so nearly resembles the name of another registered political party that it is likely to be confused with, or mistaken for, that name; or

(f) comprises the words "Independent Party" or comprises or contains the word "Independent" and—

(i) the name of a registered political party; or

(ii) matter that so nearly resembles the name of a registered political party that the matter is likely to be confused with, or mistaken for, that name.

S. 47A inserted by No. 30/2018 s. 10.

47A Certain logos not to be entered in Register of Political Parties

The Commission must refuse an application under section 45(3) to enter a logo in relation to a political party in the Register of Political Parties if, in the opinion of the Commission, the logo that the political party wishes to use for the purposes of this Act—

(a) is obscene; or

(b) is the logo of another registered political party; or

(c) so nearly resembles the logo of another registered political party that it is likely to be confused with, or mistaken for, that logo; or

(d) comprises the words "Independent Party" or comprises or contains the word "Independent" and—

(i) the name, or an abbreviation or acronym of the name, of a registered political party; or

(ii) matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a registered political party, that the matter is likely to be confused with, or mistaken for, that name, abbreviation or acronym.

48 Variation of application

S. 48(1) amended by No. 30/2018 s. 11(1).

(1) If, after initial consideration of an application for the registration of a political party, the Commission is of the opinion that—

(a) the Commission is required to refuse the application; and

(b) the political party might be prepared to vary the application in such a way that the Commission may accept the application—

the Commission must within 30 days of receiving the application give the political party written notice of that opinion, setting out the reasons for that opinion and the terms of subsections (2) and (3).

(2) If the Commission has given notice under subsection (1) in relation to an application, the Commission is not required to give further consideration to the application unless and until a request is lodged with the Commission under subsection (3).

S. 48(3) amended by No. 30/2018 s. 11(2).

(3) If notice is given under subsection (1) in relation to an application for the registration of a political party, the political party may lodge with the Commission within 30 days after receiving the notice a written request, signed by the secretary of the political party, to—

(a) vary the application in a manner specified in the request; or

(b) proceed with the application in the form in which it was lodged.

(4) If the Commission receives a request under subsection (3) to vary an application, the Commission must consider the application in its varied form.

S. 48(5) amended by No. 30/2018 s. 11(2).

(5) An application is deemed to have been withdrawn if the Commission does not receive a request under subsection (3) to vary or proceed with an application within 30 days after notice under subsection (1) is given.

49 Publication of notice of application

(1) The Commission must publicly advertise and publish in the Government Gazette a notice of the application for registration of a political party.

S. 49(1A) inserted by No. 30/2018 s. 12.

(1A) A notice under subsection (1) in relation to an application must be published—

(a) within 30 days of receiving the application, if the Commission has decided that it is required to consider accepting the application; or

(b) within 14 days of receiving a written request under section 48(3).

(2) A notice under subsection (1) in relation to an application must—

(a) set out the particulars specified in the application in accordance with section 45(2); and

(b) invite any person who believes that the application—

(i) does not relate to an eligible political party; or

(ii) is not in accordance with section 45; or

(iii) should be refused under section 47—

to submit written particulars of the grounds for that belief to the Commission within 30 days after the day of the publication of the notice in the Government Gazette.

(3) Particulars submitted by a person under subsection (2)(b) must—

(a) be signed by the person; and

(b) specify an address of that person.

(4) The Commission must not register a political party unless the Commission has—

(a) complied with subsection (1); and

(b) considered any particulars submitted in response to the invitation referred to in subsection (2)(b).

(5) Before considering any written particulars submitted under subsection (2)(b), the Commission must—

(a) send a copy of the written particulars to the political party applying for registration; and

(b) give the political party applying for registration a notice in writing specifying that the political party may, within 14 days after the date of the notice, reply to the matters raised in the written particulars; and

(c) make details of any reply under paragraph (b) available for public inspection, free of charge, during ordinary office hours at the office of the Commission.

50 Registration

(1) If the Commission determines that a political party that has applied for registration may be registered, the Commission must—

(a) register the political party by entering in the Register of Political Parties—

(i) the name of the political party; and

S. 50(1)(a)(ia) inserted by No. 30/2018 s. 13.

(ia) if the application included a request under section 45(3), enter the logo in relation to that political party; and

(ii) the name and address of the person who has been nominated as the registered officer of the political party for the purposes of this Act; and

(b) give written notice to the political party that the Commission has registered the political party; and

(c) if a person submitted particulars in response to the invitation referred to in section 49(2)(b) in relation to the application, give written notice to that person that the Commission has registered the political party, setting out the reasons for rejecting the grounds particulars of which were submitted by the person; and

(d) publish notice of the registration of the political party in the Government Gazette.

(2) If the Commission determines that a political party that has applied for registration should not be registered, the Commission must give the political party written notice that its application has been refused, setting out the reasons for the refusal.

51 Changes to Register of Political Parties

(1) A registered political party may apply to the Commission for a change to the Register of Political Parties by—

(a) changing the name of the political party to a name specified in the application; or

S. 51(1)(aa) inserted by No. 30/2018 s. 14(1).

(aa) if a logo is entered in the Register in relation to the political party, changing the logo to a logo submitted in the application; or

S. 51(1)(ab) inserted by No. 30/2018 s. 14(1).

(ab) if a logo is not entered in the Register in relation to the political party, entering the logo submitted in the application in the Register in relation to the political party; or

(b) substituting for the name of the registered officer entered in the Register the name of a person specified in the application; or

(c) substituting for the address of the registered officer of the political party that is entered in the Register another address specified in the application.

S. 51(1A) inserted by No. 30/2018 s. 14(2).

(1A) An application under subsection (1) to amend the Register to change the name of a political party or to enter a logo cannot be made during the period commencing 115 days before the day of the 2018 general election resulting from the expiration of the Assembly, or during the period commencing 120 days before the day of any other general election resulting from the expiration of the Assembly.

(2) An application under subsection (1) for a change to the Register of Political Parties—

(a) must be in writing, signed by the secretary of the political party; and

(b) in the case of an application to substitute the name of a person as the name of the registered officer of a political party, may also be signed by the registered officer; and

S. 51(2)(c) amended by No. 10/2004 s. 15(Sch. 1 item 6.2).

(c) in the case of a change of name of the political party, must be accompanied by a fee of 50 fee units.

S. 51(2A) inserted by No. 30/2018 s. 14(3).

(2A) An application under subsection (1)(aa) or (ab) must include—

(a) a copy of the logo as a black and white image in a format determined by the Commission; and

(b) a declaration that the use of the logo will not infringe the intellectual property rights of any person; and

(c) any other requirements determined by the Commission.

(3) In the case of an application under subsection (1) to change the name of the political party, sections 46 to 49 apply in relation to the application as if a reference in those sections to an application for registration were a reference to an application for that change.

S. 51(3A) inserted by No. 30/2018 s. 14(4).

(3A) In the case of an application under subsection (1)(aa) or (ab), sections 46, 47A, 48 and 49 apply in relation to the application as if in those sections a reference to an application under section 45 were a reference to an application under section 51(1)(aa) or (ab).

(4) If an application under subsection (1) to substitute the name of a person for the name of the registered officer of a political party is not signed by the registered officer, the Commission must—

(a) give the registered officer written notice of the application for the change and invite the registered officer, if the registered officer considers that there are reasons why the change should not be made, to submit written particulars of those reasons to the Commission within 7 days after the date on which the notice was given; and

(b) consider any particulars submitted in response to the invitation referred to in paragraph (a).

(5) If the Commission determines that an application under subsection (1) may be granted, the Commission must—

(a) change the Register of Political Parties accordingly; and

(b) give written notice to the political party that the Commission has made the change; and

(c) in the case of a change to the name of the political party in respect of which a person submitted particulars in response to the invitation referred to in section 49(2)(b) by virtue of subsection (3) of this section, give written notice to that person that the Commission has made the change, setting out in the notice to the person the reasons for rejecting the reasons particulars of which were submitted by the person; and

(d) in the case of an application to substitute the name of a person for the name of the registered officer of the political party, being an application in respect of which the registered officer submitted particulars under subsection (4)(a), give written notice to that registered officer that the Commission has made the change setting out the reasons for rejecting the reasons particulars of which were so submitted; and

(e) publish notice of the change in the Government Gazette.

(6) If the Commission determines that a political party's application under subsection (1) should be refused, the Commission must give the political party written notice of that determination.

52 Commission to review registration of political parties

(1) The Commission—

(a) may review the registration of a political party from time to time; and

(b) must review the registration of a political party as soon as practicable after an election if the political party obtained an average of less than 4% of the first preference votes over all electorates contested by the political party.

(2) For the purposes of reviewing the registration
of a political party under subsection (1), the Commission may require a political party to provide the Commission with up to date information and documents of the kind referred to in section 45(2) within 30 days.

53 Voluntary de-registration

(1) The Commission must de-register a political party if an application to do so is made to the Commission by the political party.

(2) An application under subsection (1) must be in writing, signed by the registered officer of the political party.

54 De-registration of party not endorsing candidates

If a registered political party has not endorsed at least one candidate for an election held within the last 5 years, the Commission must—

(b) give the person who was the registered officer of the political party immediately before its de-registration notice in writing of the de-registration; and

55 De-registration of political party on failure to provide information and documents

If a registered political party has failed to comply with a request under section 52(2), the Commission must—

(b) give the person who was the registered officer of the political party immediately before its de-registration notice in writing of the de-registration; and

56 De-registration of political party on other grounds

(1) This section applies to a registered political party if the Commission is satisfied on reasonable grounds that—

(a) the political party has ceased to exist (whether by amalgamation with another political party or otherwise); or

(b) the political party has ceased to have at least 500 members who meet the requirements set out in section 45(2)(e); or

(c) the registration of the political party was obtained by fraud or misrepresentation.

(2) If this section applies to a registered political party, the Commission must—

(a) notify the registered officer of the political party in writing that the Commission is considering de-registering the political party under this section setting out the reasons of the Commission for considering doing so and the terms of subsections (3), (4), (5) and (6); and

(b) publish a notice in the Government Gazette that the Commission is considering de‑registering the political party under this section, specifying the paragraph of subsection (1) by reason of which the Commission is considering doing so.

(3) If a notice is given under subsection (2) in relation to a political party, the registered officer of the political party or 10 members of the political party may, within one month after the date on which the notice was given, lodge with the Commission a statement in writing signed by the registered officer or by those members of the political party setting out reasons why the political party should not be de-registered under this section.

(4) A statement that is lodged under subsection (3) and is signed by 10 members of the political party must—

(a) set out the names and addresses of those members; and

(b) contain a statement that they are members of that political party.

(5) If a notice is given under subsection (2) in relation to a political party and a statement is not lodged under subsection (3) in response to that notice, the Commission must—

(b) publish a notice of the political party's de‑registration in the Government Gazette.

(6) If, in response to a notice given under subsection (2) in relation to a political party, a statement is lodged under subsection (3), the Commission must—

(a) consider that statement; and

(b) determine whether the political party should be de-registered for the reasons set out in that notice.

(7) If, under subsection (6), the Commission determines that a political party should be de-registered, the Commission must—

(b) give the person who was the last registered officer of the political party written notice of the de-registration, setting out the reasons of the Commission for rejecting the reasons set out in the statement lodged under subsection (3); and

(8) If, under subsection (6), the Commission determines that a political party should not be de‑registered under this section, the Commission must give the registered officer of the political party written notice of the determination.

57 De-registration

If a political party is de-registered under section 53, 54, 55 or 56, the Commission must cause the particulars in the Register of Political Parties that relate to that political party to be cancelled.

S. 58 amended by No. 2/2003 s. 25A (as amended by No. 38/2005 s. 16).

58 De-registered political party is ineligible for registration

A political party—

(a) that is de-registered under section 53, 54, 55 or 56; or

(b) that has a name that so nearly resembles the name of the de-registered political party that it is likely to be confused with, or mistaken for, that name—

is ineligible for registration until after the general election that first occurs following the de‑registration.

S. 58A inserted by No. 38/2005 s. 5.

58A Registered political party must apply for re‑registration

(1) A registered political party must apply for re‑registration—

(a) not later than 30 June 2006; and

(b) during each subsequent relevant period.

(2) If a registered political party fails to comply with subsection (1)(b), the political party cannot apply for re-registration within the period of 6 months after the end of the relevant period specified under that subsection.

(3) In this section, relevant period means the period of 2 months beginning 27 months before the next scheduled general election and ending 25 months before the next scheduled general election.

S. 58B inserted by No. 38/2005 s. 5.

58B Application for re-registration

An application for the re-registration of a registered political party must—

(a) be in writing, signed by the secretary of the registered political party; and

(b) set out the name of the registered political party; and

(c) set out the name and address of the person who is to be the registered officer of the registered political party for the purposes of this Act; and

(d) be accompanied by a copy of the constitution (however described) of the registered political party; and

(e) be accompanied by a statutory declaration made by the secretary stating that at least 500 members of the registered political party are—

(i) electors; and

(ii) members in accordance with the rules of the registered political party; and

(iii) not members of another registered political party or of a political party applying for registration; and

(f) be accompanied by a list, in a form determined by the Commission, of the names and addresses of at least 500 members of the registered political party who meet the requirements set out in paragraph (e); and

(g) be accompanied by a fee of 50 fee units.

S. 58C inserted by No. 38/2005 s. 5.

58C Political party not to be re-registered during election

During the period that starts on the day of the issue of the writ for an election and ends on the day on which the writ is returned—

(a) the Commission must not—

(i) consider an application made under section 58B; or

(ii) re-register a registered political party; and

(b) the Tribunal must not—

(i) review a decision made on an application under section 58B; or

(ii) make an order in relation to an application under section 58B.

S. 58D inserted by No. 38/2005 s. 5.

58D Re-registration

(1) If the Commission determines that a registered political party that has applied for re‑registration may be re-registered, the Commission must—

(a) re-register the registered political party by entering in the Register of Political Parties the date on which the re‑registration was approved;

(b) give written notice to the registered political party that the Commission has re‑registered the political party; and

(c) publish notice of the re-registration of the registered political party in the Government Gazette.

(2) If the Commission determines that a registered political party that has applied for re-registration should not be re-registered, the Commission must give the political party written notice that its application has been refused, setting out the reasons for the refusal.

(3) If the Commission determines that a registered political party that has applied for re‑registration should not be re-registered, the Commission must after the specified day cancel the particulars in the Register of Political Parties that relate to that political party.

(4) In subsection (3), specified day means—

(a) if no application for review of the decision of the Commission to not re‑register the registered political party is made, the day which is the last day of the period applicable under section 60(3); or

(b) if an application for review of the decision of the Commission not to re‑register the registered political party is made and the Tribunal affirms the decision of the Commission, the day on which the Commission makes the order affirming the decision.

(5) If an application for review of the decision of the Commission not to re-register the registered political party is made and the Tribunal sets aside the decision of the Commission, the Commission must—

(a) re-register the registered political party by entering in the Register of Political Parties the date on which the re‑registration is to take effect;

(b) give written notice to the registered political party that the Commission has re-registered the political party; and

(c) publish notice of the re-registration of the registered political party in the Government Gazette.

59 Inspection of Register of Political Parties

The Register of Political Parties must be open for public inspection, free of charge, at the office of the Commission.

60 Review of certain decisions

(1) In this section—

person includes a political party;

S. 60(1) def. of reviewable decision amended by No. 38/2005 s. 6.

reviewable decision means a decision of the Commission—

(a) to register a political party under this Part; or

(b) to refuse an application for the registration of a political party under this Part; or

(c) to grant an application under section 51(1); or

(d) to refuse an application under section 51(1); or

(e) to de-register a political party under section 56(7); or

(f) to refuse an application under section 58B.

(2) Any person whose interests are affected by a reviewable decision made by the Commission may apply to the Tribunal for review of the decision.

(3) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

Part 5—Election procedures

Division 1—Writs

61 Writs for elections

S. 61(1) substituted by No. 2/2003 s. 26(1).

(1) A writ for a general election must be issued by the Governor—

(a) in the case of the expiration of the Assembly, on the day on which the Assembly expires; or

(b) in the case of the dissolution of the Assembly, within 7 days after the dissolution.

S. 61(2) substituted by No. 2/2003 s. 26(2), amended by No. 30/2018 s. 15(1).

(2) Unless subsection (2A) applies, a writ for a by‑election for the election of a member of the Assembly must be issued by the Speaker within one month after the occurrence of the vacancy.

S. 61(2A) inserted by No. 30/2018 s. 15(2).

(2A) The Speaker may decide not to issue a writ for a by-election if the vacancy occurs on or after 30 June in the year in which a general election resulting from the expiration of the Assembly is to be held.

S. 61(3) amended by Nos 2/2003 s. 26(3), 30/2018 s. 15(3).

(3) Unless subsection (3A) applies, if there is no Speaker to issue a writ under subsection (2), the writ must be issued by the Governor within one month after the occurrence of the vacancy.

S. 61(3A) inserted by No. 30/2018 s. 15(4).

(3A) The Governor may decide not to issue a writ for a by-election if the vacancy occurs on or after 30 June in the year in which a general election resulting from the expiration of the Assembly is to be held.

(4) A writ issued under this section must be—

(a) in or to the effect of the form in Schedule 1; and

(b) directed to the Commission; and

(c) returnable to the person who issued the writ, on a day within 21 days after the election day appointed and named in the writ.

S. 62 amended by No. 2/2003 s. 26(4).

62 Vacancy occurring by reason of resignation to contest Commonwealth election

Despite anything to the contrary in this Act, if—

(a) a vacancy occurs in the Assembly or the Council by reason of a member resigning his or her seat for the purpose of seeking election for the Parliament of the Commonwealth; and

(b) the member tenders his or her resignation within the period of 21 days before the date of the issue of the writ for the Commonwealth election; and

(c) the member notifies the Speaker or the President in writing of his or her intention to seek such election and his or her intention in the event of failing to secure such election to become again a candidate for the vacancy in the Assembly or the Council—

then the issue of the writ for the election of a member to fill the vacancy occurring in the Assembly or the choosing of a person to fill the vacancy occurring in the Council under section 27A of the Constitution Act 1975 must be delayed until the result of the Commonwealth election has been officially declared.

63 Issue of writ and days appointed

(1) A writ is deemed to have been issued at 6 p.m. on the day on which the writ was issued.

(2) The person issuing the writ for an election must in relation to that election appoint—

(a) the day for the close of the roll; and

(b) the final nomination day; and

(c) the election day.

S. 63(3) amended by No. 2/2003 s. 26(5).

(3) The day appointed for the close of the roll must be 7 days after the date of the writ.

(4) A roll closes at 8 p.m. on the day appointed for the close of the roll.

S. 63(5) substituted by No. 2/2003 s. 26(6).

(5) Subject to subsection (6), the final nomination day must be—

(a) in the case of the expiration of the Assembly, 10 days after the expiration; or

(b) in the case of the dissolution of the Assembly, a day within the period that—

(i) starts 10 days after the date of the writ; and

(ii) ends 28 days after the date of the writ.

(6) If a candidate for an election dies before noon on the final nomination day for the election, the final nomination day (except for the purposes of subsection (7)) is to be the next day.

S. 63(7) substituted by No. 2/2003 s. 26(7).

(7) The election day must be—

(a) unless paragraph (c) applies, if the previous Assembly expired, the last Saturday in November nearest to the fourth anniversary of the election day on which the previous Assembly was elected or the Saturday referred to in section 38(2) of the Constitution Act 1975 as the case may be; or

(b) if the previous Assembly was dissolved, a Saturday within the period that starts 15 days after the final nomination day and ends 30 days after the final nomination day; or

(c) if section 38A(2) of the Constitution Act 1975 applies, the Saturday to which the election day is postponed in accordance with that section.

S. 63(8) inserted by No. 2/2003 s. 26(7A) (as amended by No. 44/2006 s. 11).

(8) Subject to subsection (9), if an election is a by‑election, the final nomination day must be a day within the period that—

(a) starts 10 days after the date of the writ; and

(b) ends 28 days after the date of the writ.

S. 63(9) inserted by No. 2/2003 s. 26(7A) (as amended by No. 44/2006 s. 11).

(9) If a candidate for an election which is a by‑election dies before noon on the final nomination day for the by‑election, the final nomination day (except for the purposes of subsection (10)) is to be the next day.

S. 63(10) inserted by No. 2/2003 s. 26(7A) (as amended by No. 44/2006 s. 11).

(10) The election day for an election which is a by‑election must be a Saturday within the period that starts 15 days after the final nomination day and ends 30 days after the final nomination day.

64 Duties of Commission on receipt of writ

If a writ for an election is received by the Commission under section 61, the Commission must—

(a) indorse on the writ the date of its receipt; and

(b) publicly advertise—

(i) receipt of the writ; and

(ii) the final nomination day and election day named in the writ; and

(iii) the office of the appropriate election manager.

Division 2—Voting centres

65 Appointment of voting centres

(1) The Commission must—

(a) appoint as many voting centres as the Commission considers necessary; and

(b) publicly advertise the location and time of operation of each voting centre, other than a mobile voting centre; and

S. 65(1)(c) amended by No. 2/2003 s. 26(8).

(c) in the case of a mobile voting centre, notify each registered political party and the candidates for the district or region in which the mobile voting centre will be located of the mobile voting centre's location and time of operation.

(2) The Commission may—

(a) designate appropriate voting centres as—

(i) early voting centres; and

(ii) mobile voting centres; and

(b) specify the class of elector that is entitled to vote at particular early voting centres or mobile voting centres.

(3) The Commission must, in exercising its powers under this section, ensure that electors are provided with an accessible service that facilitates the opportunity to vote.

(4) If how-to-vote cards relating to an election are supplied to the election manager, an election official at a mobile voting centre in relation to that election must—

(a) advise electors that how-to-vote cards have been supplied; and

(b) show electors how-to-vote cards if so requested.

66 Use of licensed premises as voting centre

(1) Subject to this section, no part of any licensed premises within the meaning of the Liquor Control Reform Act 1998 may be used for the purpose of a voting centre.

(2) If the Commission considers that there are exceptional circumstances which so require, the Commission may, subject to any conditions, authorise the use of any premises which is, or of which any part is, a licensed premises within themeaning of the Liquor Control Reform Act 1998 for the purpose of a voting centre.

(3) If during any period, any part of a premises is used for the purpose of a voting centre under subsection (2), that part of the premises must not be—

(a) used for the sale of liquor; or

(b) accessible from any other part of the premises which is being used for the sale of liquor.

S. 66(4) inserted by No. 91/2003 s. 6.

(4) Despite the issue of a limited licence under section 14 of the Liquor Control Reform Act 1998, if a voting centre is appointed in any premises which is part of an area in respect of which the supply of liquor is authorised by the limited licence, liquor may not be supplied under the limited licence in that area during the hours of voting on election day.

67 Use of prescribed premises as voting centre

(1) The Commission may use as an election day voting centre any room or hall in a prescribed premises.

(2) The Commission must give 7 days' notice to the managers, trustees or owners of the prescribed premises.

(3) The Commission must pay—

(a) reasonable costs for lighting, air conditioning and cleaning of the prescribed premises; and

(b) if, as a result of using the premises as a voting centre, the premises or any furniture in the premises is damaged, the full costs of repairing the damage.

(4) If there is a dispute between the Commission and the managers, trustees or owners of the prescribed premises about the amount payable under subsection (3), the matter is to be determined by the Magistrates' Court.

(5) In this section, prescribed premises means a school or building that is not used exclusively for religious services and that—

(a) is supported wholly or in part by—

(i) public funds; or

(ii) a perpetual endowment; or

(b) has been built with, or is supported wholly or in part by, a grant from the Consolidated Fund.

Division 3—Nominations and candidates

68 Commission to make particulars of candidates available

Each day after the issue of the writ for an election, the Commission must make available at locations and times determined by the Commission—

(a) the names and contact details of the candidates for the election; and

S. 68(ab) inserted by No. 13/2022 s. 20.

(ab) the name and contact details of any contact person included on a candidate's nomination form; and

(b) the name of any person who has ceased to be a candidate for the election.

69 Nomination of candidates

(1) A person may only become a candidate for an election by nomination in accordance with this section.

(2) If a candidate is endorsed by a registered political party, there must be delivered to the Commission, after the issue of the writ and before noon of the day before the final nomination day, a nomination form in the prescribed form that—

(a) specifies the candidate's name and address as it appears on the register of electors; and

S. 69(2)(aa) inserted by No. 2/2003 s. 27(1).

(aa) in the case of a candidate for a Council election, specifies the suburb or locality in which is located the address in respect of which the candidate is enrolled; and

(b) is signed by the candidate and by the registered officer of the registered political party; and

(c) includes a declaration signed by the candidate that the candidate is qualified under the Constitution Act 1975 to be elected a member of the Assembly or the Council; and

(d) includes a statement specifying the form in which—

(i) the candidate's given name or given names; and

(ii) the registered political party's name—

are to be printed on the ballot-papers for the election.

(3) If a candidate is not endorsed by a registered political party, there must be delivered to the election manager, after the issue of the writ and before noon on the final nomination day, a nomination form in the prescribed form that—

(a) specifies the candidate's name and address as it appears on the register of electors; and

S. 69(3)(aa) inserted by No. 2/2003 s. 27(2).

(aa) in the case of a candidate for a Council election, specifies the suburb or locality in which is located the address in respect of which the candidate is enrolled; and

S. 69(3)(b) substituted by No. 2/2003 s. 27(2A) (as amended by No. 38/2005 s. 17).

(b) in the case of a candidate for an Assembly election, is signed by the candidate and by 6 persons entitled to vote at the election for which the candidate is nominated; and

S. 69(3)(ba) inserted by No. 2/2003 s. 27(2A) (as amended by No. 38/2005 s. 17).

(ba) in the case of a candidate for a Council election, is signed by the candidate and by 50 persons entitled to vote at the election for which the candidate is nominated; and

S. 69(3)(bb) inserted by No. 13/2022 s. 21.

(bb) includes a contact person for the candidate; and

(c) includes a declaration signed by the candidate that the candidate is qualified under the Constitution Act 1975 to be elected a member of the Assembly or the Council; and

(d) includes a statement specifying the form in which the candidate's given name or given names is to be printed on the ballot-papers for the election.

S. 69(4) substituted by No. 2/2003 s. 27(3).

(4) There must be delivered with a nomination form referred to in subsection (2) or (3) the sum of $350 paid in cash or by cheque drawn on account of an authorised deposit-taking institution within the meaning of the Commonwealth Banking Act 1959.

(5) A given name of a candidate specified under subsection (2)(d) or (3)(d) may differ from the candidate's given name as it appears on the register of electors only to the extent that the given name is specified by—

(a) an initial standing for that name; or

(b) a commonly accepted variation of the name (including an abbreviation or truncation of that name or an alternative form of that name); or

(c) a commonly used other name specific to the candidate by which the candidate is usually identified if the candidate produces evidence to the satisfaction of the Commission that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified.

(6) A person must not nominate as a candidate for more than one election to be held on the same day.

(7) If a person nominates as a candidate for more than one election to be held on the same day—

(a) all nominations of the person as a candidate for the elections to be held on that day are void; and

(b) the deposits paid in respect of the nominations are to be forfeited and paid into the Consolidated Fund.

(8) The nomination form delivered by or on behalf of a candidate must not be made available to any person for inspection except in accordance with this Act.

S. 69A inserted by No. 2/2003 s. 28.

69A Grouping of candidates for Council elections

(1) Two or more candidates for a Council election who are not endorsed by a registered political party may make a joint request to the Commission that—

(a) their names be grouped on the ballot-papers; or

(b) their names be grouped on the ballot-papers in a specified order.

(2) If 2 or more candidates for a Council election are endorsed by a registered political party, the registered officer of the registered political party may make a request to the Commission that—

(a) the candidates' names be grouped on the ballot-papers; or

(b) the candidates' names be grouped on the ballot-papers in a specified order.

(3) If 2 or more candidates for a Council election are endorsed by different registered political parties, the registered officers of each registered political party may make a joint request to the Commission that—

(a) the candidates' names be grouped on the ballot-papers; or

(b) the candidates' names be grouped on the ballot-papers in a specified order.

(4) A request under subsection (1), (2) or (3) must—

(a) be in writing; and

(b) in the case of a request under subsection (1), be signed by each candidate; and

(c) in the case of a request under subsection (2), be signed by the registered officer of the registered political party; and

(d) in the case of a request under subsection (3), be signed by the registered officers of each registered political party; and

(e) be delivered to the Commission before noon of the day before the final nomination day.

(5) If the request is made under subsection (2), the request may include a further request that the name of the registered political party that endorsed all the candidates be printed beneath the square in relation to the group of candidates on the ballot-papers.

(6) If the request is made under subsection (3), the request may include a further request that a composite name formed from the registered political parties that endorsed the candidates be printed beneath the square in relation to the group of candidates on the ballot-papers.

(7) A candidate's name may not be included in more than one group.

S. 69A(8) inserted by No. 41/2010 s. 6.

(8) A request made under subsection (1), (2) or (3) may, at any time before noon on the day before final nomination day, be amended, withdrawn or replaced by a written notice to the Commission.

S. 69B inserted by No. 2/2003 s. 28.

69B Group voting tickets

S. 69B(1) amended by No. 41/2010 s. 7(1).

(1) Candidates who made a joint request under section 69A(1) must lodge with the Commission a written statement that—

(a) they wish voters in the Council election to indicate their preferences in relation to all candidates in the Council election in a specified order, being an order that gives preferences to the candidates lodging the statement before any other candidate; or

(b) they wish voters in the Council election to indicate their preferences in relation to all candidates in the Council election in either of 2 specified orders, or any one of 3 specified orders, being an order that—

(i) give preferences to the candidates lodging the statement before any other candidate; and

(ii) give the preferences to the candidates lodging the statement in the same order.

S. 69B(2) amended by No. 41/2010 s. 7(1).

(2) The registered officer of a registered political party who made a request under section 69A(2) must lodge with the Commission a written statement that—

(a) it is wished that voters in the Council election indicate their preferences in relation to all candidates in the Council election in a specified order, being an order that gives preferences to the candidates on whose behalf the statement is lodged before any other candidate; or

(b) it is wished that voters in the Council election indicate their preferences in relation to all candidates in the Council election in either of 2 specified orders, or any one of 3 specified orders, being an order that—

(i) give preferences to the candidates on whose behalf the statement is lodged before any other candidate; and

(ii) give the preferences to the candidates on whose behalf the statement is lodged in the same order.

S. 69B(3) amended by No. 41/2010 s. 7(1).

(3) The registered officers of each registered political party who made a joint request under section 69A(3) must lodge with the Commission a written statement that—

(a) it is wished that voters in the Council election indicate their preferences in relation to all candidates in the Council election in a specified order, being an order that gives preferences to the candidates on whose behalf the statement is lodged before any other candidate; or

(b) it is wished that voters in the Council election indicate their preferences in relation to all candidates in the Council election in either of 2 specified orders, or any one of 3 specified orders, being an order that—

(i) give preferences to the candidates on whose behalf the statement is lodged before any other candidate; and

(ii) give the preferences to the candidates on whose behalf the statement is lodged in the same order.

S. 69B(4) amended by No. 41/2010 s. 7(1).

(4) Without limiting the generality of subsection (1)(a), (1)(b), (2)(a), (2)(b), (3)(a) or (3)(b), a statement must specify an order of preferences by setting out the names of all candidates in the Council election in the groups, and in the order, in which they would be set out in a ballot-paper—

(a) with squares opposite to each name; and

(b) with a number in each square showing that order of preferences.

(5) If a statement in relation to a group of candidates in a Council election is lodged in accordance with this section, that group of candidates must be taken to have a group voting ticket or 2 or 3 group voting tickets, as the case requires, registered for the purposes of the Council election, being the order of preferences or the orders of preferences given in that statement.

(6) If a group voting ticket or 2 or 3 group voting tickets are registered for the purposes of a Council election—

(a) the Commission must allocate a letter of the alphabet to the group; and

(b) a square in relation to the group must be printed beneath the letter of the alphabet allocated to the group; and

(c) if a request was made under section 69A(5), the name of the registered political party must be printed beneath the square in relation to the group; and

(d) if a request was made under section 69A(6), the composite name of the registered political parties must be printed beneath the square in relation to the group.

S. 69B(7) amended by No. 41/2010 s. 7(2).

(7) A statement under subsection (1), (2) or (3) must be lodged with the Commission after the election manager has determined the order of the candidates and the groups on the ballot-paper in accordance with section 74 and before noon on the second day after the final nomination day.

S. 69B(7A) inserted by No. 41/2010 s. 7(3).

(7A) For the purposes of subsection (7)—

(a) a statement under subsection (1) must be lodged by—

(i) the candidate whose name first appears in the group on the ballot-paper; or

(ii) if a person has been authorised by all the members of the group by written instrument given to the Commission with the nomination or nominations of members of the group to sign the statement, the authorised person;

(b) a statement under subsection (2) must be lodged by the registered officer of the registered political party making the request;

(c) a statement under subsection (3) must be lodged by the registered officers of the registered political parties making the joint request.

S. 69B(8) amended by No. 41/2010 s. 7(4).

(8) A statement lodged under subsection (1), (2) or (3) may, at any time before the period for lodging the statement expires, be amended or replaced by a written notice to the Commission.

(9) A statement under subsection (1) or a written notice relating to that statement under subsection (8) must be signed by—

(a) the candidate whose name first appears in the group on the ballot-paper; or

(b) a person authorised by all the members of the group by written instrument given to the Commission with the nomination or nominations of members of the group, to sign such a statement on behalf of the group.

(10) A statement under subsection (2) or a written notice relating to that statement under subsection (8) must be signed by the registered officer of the registered political party.

(11) A statement under subsection (3) or a written notice relating to that statement under subsection (8) must be signed by the registered officers of the registered political parties making the joint request.

(12) A statement lodged under subsection (1)(b), (2)(b) or (3)(b) must indicate the order in which the voting tickets of the group are to be displayed for the purposes of section 73A.

70 Rejection of nominations

The Commission or election manager may only reject a nomination if—

(a) the nomination form has not been properly completed in accordance with section 69; or

(b) the deposit is not lodged with the nomination form in accordance with section 69; or

(c) the candidate is not enrolled to vote as at the close of the roll for the election; or

(d) the surname of the candidate specified under section 69 is not that under which the candidate is enrolled.

71 Retirement of candidate

(1) A candidate for any election who is endorsed by a registered political party may withdraw the candidate's nomination by lodging with the Commission a notice of retirement at any time before noon on the day before the final nomination day.

(2) A candidate for any election who is not endorsed by a registered political party may withdraw the candidate's nomination by lodging with the election manager a notice of retirement at any time before noon on the final nomination day.

72 Failed election

(1) An election fails if—

S. 72(1)(a) amended by No. 2/2003 s. 29.

(a) a candidate for an Assembly election dies after noon on the final nomination day and before 6 p.m. on election day; or

S. 72(1)(b) amended by No. 2/2003 s. 29.

(b) the successful candidate for an Assembly election dies after 6 p.m. on election day and before being declared elected; or

(c) no candidate is nominated or declared elected.

(2) If an election has failed—

(a) the election manager must immediately advise the Commission that the election has failed; and

(b) the Commission must indorse the writ to that effect and return the writ; and

(c) the person who issued the writ for the election that has failed must issue a new writ in or to the effect of the form in Schedule 1 for a supplementary election.

(3) If there is no Speaker or President to issue a writ under subsection (2)(c), the writ must be issued by the Governor.

(4) Despite anything to the contrary in this Act—

(a) a supplementary election must be held on the electoral roll that was prepared for the purpose of the election that has failed; and

(b) the Governor in Council may by Order in Council make such modifications and adaptations of any of the sections of this Act as are necessary by reason of the fact that the supplementary election will be held on a day later than the election day appointed for the election that failed.

Division 4—Arrangements for holding elections

73 When election is required

S. 73(1) substituted by No. 2/2003 s. 30.

(1) An election must be held if—

(a) there is more than one candidate for an election in a district; or

(b) there are more than 5 candidates for an election in a region.

(2) As soon as practicable after noon on the final nomination day, the election manager must at the election manager's office publicly display the names of the candidates for the election.

(3) The election manager must advise the Commission of the names of the candidates for the election.

S. 73A inserted by No. 2/2003 s. 31.

73A Group voting tickets to be displayed

(1) If a group voting ticket is, or group voting tickets are, registered for the purposes of a Council election, the Commission must cause the ticket or the tickets to be prominently displayed at the election day voting centre in a manner determined by the Commission.

(2) If a group has 2 or 3 group voting tickets, the tickets relating to that group must be displayed in the order indicated in the statement lodged under section 69B(1)(b), 69B(2)(b) or 69B(3)(b).

74 Ballot-papers to be prepared

S. 74(1) amended by No. 2/2003 s. 32(1).

(1) As soon as practicable after noon on the final nomination day, the election manager must determine the order of names of candidates or groups of candidates on ballot-papers to be used in an election by drawing the names of the candidates or groups of candidates by lot in a manner determined by the Commission, either manually or by computer.

(2) If in the opinion of the Commission a similarity in the names of 2 or more candidates is likely to cause confusion, the names of those candidates may be arranged with a description as is determined by the Commission to distinguish the names.

S. 74(3) amended by No. 2/2003 s. 32(2).

(3) The Commission must cause ballot-papers to be printed to be used in an Assembly election—

(a) with the names of all the candidates at the election and of no other persons, in the form of Schedule 2; and

(b) in the order determined by the election manager.

S. 74(3A) inserted by No. 2/2003 s. 32(3) (as amended by No. 44/2006 s. 12(1)).

(3A) The Commission must cause ballot-papers to be printed to be used in a Council election at which there are fewer than 20 groups of candidates with the names of all the candidates at the election and of no other persons, in the form of Schedule 1A and in the order determined by the election manager.

S. 74(3AA) inserted by No. 2/2003 s. 32(3) (as amended by No. 44/2006 s. 12(2)).

(3AA) The Commission must cause ballot-papers to be printed to be used in a Council election at which there are 20 or more groups of candidates with the names of all the candidates at the election and of no other persons, in the form of Schedule 1B and in the order determined by the election manager.

S. 74(3B) inserted by No. 2/2003 s. 32(3).

(3B) In printing the ballot-papers to be used in a Council election—

(a) the names of candidates in respect of whom a request under section 69A was made must be printed in groups in accordance with the request and before the names of candidates who have not made such a request; and

(b) the suburb or locality in which is located the address in respect of which each candidate is enrolled as specified in each candidate's nomination form in accordance with section 69(2)(aa) must be printed adjacent to the name of the relevant candidate; and

(c) if a request was made under section 69A(5), the name of the registered political party that endorsed the candidates must be printed beneath the square in relation to the group; and

(d) if a request was made under section 69A(6), the composite name formed from the registered political parties that endorsed the candidates must be printed beneath the square in relation to the group.

(4) If a person has been endorsed as a candidate in an election by a registered political party, the name of that party must be printed adjacent to the name of the candidate on the ballot-papers.

S. 74(5) inserted by No. 30/2018 s. 16.

(5) If a person has been endorsed as a candidate in an election by a registered political party that has a logo entered in the Register of Political Parties, the logo must be printed adjacent to the name of the candidate and beneath the square in relation to the group in accordance with Schedule 1A, 1B or 2, whichever is applicable.

75 Notification of election

If an election is required to held under section 73, the Commission must publicly advertise—

(a) that an election will be held; and

(b) the names of the candidates for the election and the order of the names of the candidates on the ballot-papers to be used in the election.

76 Provisions relating to scrutineers

S. 76(1) amended by No. 2/2003 s. 33(a).

(1) A candidate may appoint one scrutineer for each election official issuing ballot-papers at a voting centre for the district or region for which the candidate is seeking election.

S. 76(2) amended by Nos 2/2003 s. 33(b), 13/2022 s. 22.

(2) Subject to subsection (3), a candidate may appoint scrutineers to represent the candidate at the scrutiny or counting of ballot-papers under sections 110J, 111, 113, 114 and 114A.

(3) The number of scrutineers appointed under subsection (2) must not be greater than the number of electoral officials who are engaged in the scrutiny and counting of ballot-papers.

(4) An appointment of a scrutineer for the purposes of this Act must be—

(a) in a form approved by the Commission; and

(b) produced for inspection on request by the election manager or election official.

(5) A scrutineer must not—

(a) interfere with or attempt to influence any elector within a voting centre; or

(b) communicate with any person in a voting centre except so far as is necessary in the discharge of the functions of the scrutineer; or

(c) handle any ballot-papers.

(6) A scrutineer must not be prevented from entering or leaving a voting centre during its time of operation.

(7) A scrutineer must wear a badge at a voting centre that—

(a) is supplied by the Commission; and

(b) identifies the scrutineer as a scrutineer.

S. 76(8) amended by No. 37/2014 s. 10(Sch. item 50.2).

(8) A scrutineer may be removed from a voting centre by a police officer if the scrutineer—

(a) commits any breach of this section; or

(b) is guilty of misconduct; or

(c) fails to obey the lawful directions of the election manager or an election official.

Pt 5 Div. 5 (Heading and ss 77–82) substituted as Pt 5 Div. 5 (Heading and ss 77–82A) by No. 38/2005 s. 7.

Division 5—How-to-vote cards

S. 77 substituted by No. 38/2005 s. 7.

77 Submission of how-to-vote cards to the election manager

(1) A person may submit a how-to-vote card to the election manager for registration by the Commission at any time within the period that—

(a) starts on the first working day after the final nomination day; and

(b) ends at noon on the 6th working day before election day.

(2) A person submitting a how-to-vote card to the election manager for registration by the Commission must make a declaration in the prescribed form.

(3) The election manager may provide such assistance to an applicant as the election manager considers appropriate before the submission of the how‑to‑vote card to the Commission for registration.

(4) The election manager must immediately forward the how-to-vote card and the declaration to the Commission.

S. 78 substituted by No. 38/2005 s. 7.

78 Submission of how-to-vote cards to the Commission

(1) The registered officer of a registered political party or a person appointed by the registered officer may submit a how-to-vote card to the Commission for registration at any time within the period that—

(a) starts on the first working day after the final nomination day; and

(b) ends at noon on the 6th working day before election day.

(2) A person submitting a how-to-vote card to the Commission for registration must make a declaration in the prescribed form.

S. 78(3) amended by No. 2/2003 s. 34(1) (as amended by No. 38/2005 s. 18), substituted by No. 30/2018 s. 17.

(3) A how-to-vote card submitted under this section must be—

(a) a single how-to-vote card, that is, a how-to-vote card submitted with respect to one electoral district or one electoral region only; or

(b) a multiple how-to-vote card, that is, a how‑to-vote card submitted with respect to no less than every electoral district or electoral region for which the registered political party submitting the how-to-vote card has endorsed a candidate; or

(c) a combined how-to-vote card, that is, a how‑to-vote card submitted with respect to one or more electoral districts or electoral regions for which the registered political party submitting the how-to-vote card has endorsed a candidate.

(4) The Commission may provide such assistance to an applicant as the Commission considers appropriate before the submission of the how‑to‑vote card to the Commission for registration.

S. 79 substituted by No. 38/2005 s. 7.

79 Registration process

(1) Before noon on the next day after receiving a how-to-vote card from the applicant or an election manager, the Commission must—

(a) register the how-to-vote card; or

(b) refuse to register the how-to-vote card—

and inform the applicant of the Commission's decision.

(2) In determining whether to register a how-to-vote card, the Commission must have regard to the following matters—

(a) that the how-to-vote card clearly identifies the person, political party, organisation or group on whose behalf the card is to be distributed;

(b) that the size of any logo, emblem or insignia belonging to the person, political party, organisation or group on whose behalf the card is to be distributed appearing on the how-to-vote card is not less than the relevant prescribed size;

S. 79(2)(c) amended by No. 2/2003 s. 34(2)(a) (as amended by No. 38/2005 s. 18).

(c) in the case of a how-to-vote card to be used for an Assembly election, that the how‑to‑vote card indicates the order of voting preference for all candidates listed on the card or contains a statement that a number must be placed against the name of each candidate;

S. 79(2)(ca) inserted by No. 2/2003 s. 34(2)(b) (as amended by No. 38/2005 s. 18).

(ca) in the case of a how-to-vote card to be used for a Council election, that the how-to-vote card—

(i) indicates a voting preference for one group in relation to which a square is printed on the ballot-paper under section 69B; or

(ii) indicates the order of voting preference for all candidates whose names are printed opposite squares on the ballot‑paper; or

(iii) contains a statement to the effect that—

(A) the number 1 must be placed in the square in relation to the group for which the elector votes as first preference; or

(B) the number 1 must be placed opposite the name of the candidate for whom the elector votes as first preference and at least the numbers 2, 3, 4 and 5 opposite the names of the remaining candidates so as to indicate by unbroken numerical sequence the order of preference of contingent votes;

S. 79(2)(d) substituted by No. 30/2018 s. 18.

(d) that the how-to-vote card contains on at least one printed side of the how-to-vote card—

(i) the name and address of the person who authorised the how-to-vote card; and

(ii) the name and place of business of the printer or publisher of the how-to-vote card;

(e) that the how-to-vote card contains the prescribed endorsement.

(3) The Commission must refuse to register a how‑to‑vote card if the Commission is satisfied that the card—

(a) is likely to mislead or deceive an elector in casting the vote of the elector; or

(b) is likely to induce an elector to mark the vote of the elector otherwise than in accordance with the directions on the ballot-paper; or

(c) contains offensive or obscene material.

S. 80 substituted by No. 38/2005 s. 7.

80 Alterations to registered how-to-vote card to correct error

(1) This section applies if an alteration is required to a registered how-to-vote card to correct an error in the registered how-to-vote card.

(2) If this section applies, the person who applied for the registration of the how-to-vote card may not later than noon on the 5th working day before the election day submit an amended version of the registered how-to-vote card to the Commission for registration.

(3) Before noon on the next day after receiving an application under subsection (2), the Commission must—

(a) register the amended version of the registered how-to-vote card; or

(b) refuse to register the amended version of the registered how-to-vote card—

and inform the applicant of the Commission's decision.

(4) In determining whether to register an amended version of a registered how-to-vote card, the Commission must have regard to the following matters—

(a) that the how-to-vote card clearly identifies the person, political party, organisation or group on whose behalf the card is to be distributed;

(b) that the size of any logo, emblem or insignia belonging to the person, political party, organisation or group on whose behalf the card is to be distributed appearing on the how-to-vote card is not less than the relevant prescribed size;

S. 80(4)(c) amended by No. 2/2003 s. 34(3)(a) (as amended by No. 38/2005 s. 18).

(c) in the case of a how-to-vote card to be used for an Assembly election, that the how‑to‑vote card indicates the order of voting preference for all candidates listed on the card or contains a statement that a number must be placed against the name of each candidate;

S. 80(4)(ca) inserted by No. 2/2003 s. 34(3)(b) (as amended by No. 38/2005 s. 18).

(ca) in the case of a how-to-vote card to be used for a Council election, that the how-to-vote card—

(i) indicates a voting preference for one group in relation to which a square is printed on the ballot-paper under section 69B; or

(ii) indicates the order of voting preference for all candidates whose names are printed opposite squares on the ballot-paper; or

(iii) contains a statement to the effect that—

(A) the number 1 must be placed in the square in relation to the group for which the elector votes as first preference; or

(B) the number 1 must be placed opposite the name of the candidate for whom the elector votes as first preference and at least the numbers 2, 3, 4 and 5 opposite the names of the remaining candidates so as to indicate by unbroken numerical sequence the order of preference of contingent votes;

S. 80(4)(d) substituted by No. 30/2018 s. 19.

(d) that the how-to-vote card contains on at least one printed side of the how-to-vote card—

(i) the name and address of the person who authorised the how-to-vote card; and

(ii) the name and place of business of the printer or publisher of the how-to-vote card;

(e) that the how-to-vote card contains the prescribed endorsement.

(5) The Commission must refuse to register an amended version of a registered how-to-vote card if the Commission is satisfied that the card—

(a) is likely to mislead or deceive an elector in casting the vote of the elector; or

(b) is likely to induce an elector to mark the vote of the elector otherwise than in accordance with the directions on the ballot-paper; or

(c) contains offensive or obscene material.

(6) An amended version of a registered how-to-vote card cannot be handed out, distributed or otherwise made available unless it has been registered under this section.

S. 81 substituted by No. 38/2005 s. 7.

81 Supply of how-to-vote cards

If a how-to-vote card is registered under section 79 or 80, the applicant must immediately provide the Commission with 2 copies of the registered how-to-vote card.

S. 82 substituted by Nos 38/2005 s. 7, 41/2010 s. 8.

82 Commission to make how-to-vote cards available

As soon as practicable after registering a how‑to‑vote card under section 79 or 80, the Commission must—

(a) make available a copy of that card for inspection at the office of the Commission; and

(b) publish a copy of that card on an Internet website maintained by the Commission.

S. 82A inserted by No. 38/2005 s. 7.

82A Review of the Commission's decision

(1) Any person may apply to the Tribunal for review of the Commission's decision under section 79 or 80 no later than noon on the next working day after the Commission has advised the applicant of that decision.

(2) The Tribunal must, not later than 5 p.m. on the next working day after receiving an application under subsection (1)—

(a) determine the application; or

(b) give the applicant and the Commission directions as to the changes required to obtain registration by the Commission.

Division 6—Electoral matter

83 Printing and publication of electoral advertisements, handbills, pamphlets or notices

(1) A person must not print, publish or distribute or cause, permit or authorise to be printed, published or distributed, an electoral advertisement, handbill, pamphlet or notice unless—

S. 83(1)(a) amended by No. 30/2018 s. 20(1).

(a) the name and address of the person who authorised the electoral advertisement, handbill, pamphlet or notice appears; and

S. 83(1)(b) amended by No. 30/2018 s. 20(1).

(b) in the case of an electoral advertisement, handbill, pamphlet or notice that is printed or published otherwise than in a newspaper, the name and place of business of the printer or publisher appears.

1. In the case of a natural person, 10 penalty units;

In the case of a body corporate, 50 penalty units.

Note to s. 83(1) inserted by No. 13/2013 s. 20(1).

(2) For the purposes of subsection (1)(b), a person who makes copies for distribution of an electoral advertisement, handbill, pamphlet or notice that is published on the Internet is deemed to be the printer of those copies.

(3) Subsection (1) does not apply in relation to—

(a) a car sticker, an item of clothing, lapel button, lapel badge, fridge magnet, pen, pencil or balloon; or

S. 83(3)(aa) inserted by No. 41/2010 s. 9(1).

(aa) a letter or card which—

(i) bears the name and address of the sender; and

(ii) does not contain a representation or purported representation of a ballot-paper for use in an election; or

S. 83(3)(ab) inserted by No. 30/2018 s. 20(2).

(ab) a how-to-vote card registered under section 79 or 80; or

(b) an article included in a prescribed class of articles.

S. 83(4) amended by No. 41/2010 s. 9(2).

(4) Nothing in subsection (3)(a) or (3)(aa) is to be taken, by implication, to limit the generality of regulations that may be made by virtue of subsection (3)(b).

S. 83A inserted by No. 30/2018 s. 21.

83A Printing and publication of how-to-vote cards

(1) A person must not print, publish or distribute or cause, permit or authorise to be printed, published or distributed a how-to-vote card unless it complies with section 79(2)(d) or 80(4)(d).

Penalty: In the case of a natural person, 10 penalty units;

In the case of a body corporate, 50 penalty units.

(2) For the purposes of subsection (1), a person who makes copies for distribution of a how‑to-vote card that is published on the Internet is deemed to be the printer of those copies.

84 Misleading or deceptive matter

(1) A person must not during the relevant period—

any matter or thing that is likely to mislead or deceive an elector in relation to the casting of the vote of the elector.

1. In the case of a natural person, 60 penalty units or 6 months imprisonment;

In the case of a body corporate, 300 penalty units.

(2) A person must not during the relevant period—

an electoral advertisement, handbill, pamphlet or notice that contains a representation or purported representation of a ballot-paper for use in that election that is likely to induce an elector to mark the elector's vote otherwise than in accordance with the directions on the ballot-paper.

1. In the case of a natural person, 60 penalty units or 6 months imprisonment;

In the case of a body corporate, 300 penalty units.

(3) In a prosecution of a person for an alleged offence against subsection (1) or (2), it is a defence if the person proves that the person—

(a) did not know; and

(b) could not reasonably be expected to have known—

that the matter or thing was likely to mislead an elector when casting the elector's vote.

Note to s. 84 inserted by No. 13/2013 s. 20(3).

Section 179A applies to an offence against subsection (1) or (2).

85 Heading to electoral advertisements

The proprietor of a newspaper must cause the word "advertisement" to be printed as a headline in letters not smaller than 10 point to each article or paragraph in the proprietor's newspaper containing electoral matter, the insertion—

(a) of which is, or is to be, paid for; or

(b) for which any reward or compensation or promise of reward or compensation is, or is to be, made.

1. In the case of a natural person, 5 penalty units;

In the case of a body corporate, 25 penalty units.

Note to s. 85 inserted by No. 13/2013 s. 20(4).

86 Authors to be identified

(1) A person must not during the relevant period—

a newspaper, circular or pamphlet containing an article, report, letter or other matter containing electoral matter unless the author's name and address are set out at the end of the article, report, letter or other matter, or if only part of the article, report, letter or matter appears in any issue of a newspaper, circular or pamphlet at the end of that part.

1. In the case of a natural person, 5 penalty units;

In the case of a body corporate, 25 penalty units.

Note to s. 86(1) inserted by No. 13/2013 s. 20(1).

(2) This section does not apply to the publication in a newspaper of—

(a) a leading article; or

(b) an article that consists solely of a report of a meeting and does not contain electoral matter, other than comment made by a speaker at the meeting.

(3) It is sufficient compliance with subsection (1) if a newspaper containing a letter containing electoral matter sets out the author's name and the suburb or locality in which the author's address is located.

Part 6—Voting

Division 1—Entitlement to vote

87 Voting at elections

(1) A person is entitled to vote in an election in accordance with this Act if the person—

(a) is qualified to enrol as an elector under the Constitution Act 1975; and

S. 87(1)(b) amended by No. 41/2010 ss 10, 11(a).

(b) subject to section 108(1), is enrolled as an elector under Part 3 of this Act.

S. 87(1)(c) repealed by No. 41/2010 s. 11(b).

(2) An elector—

(a) whose name has been placed on the register under section 22(5); and

(b) who has not attained 18 years of age on election day—

is not entitled to vote at the election.

(3) An elector must vote at every election for which the elector is entitled to vote.

(4) An elector may vote—

(a) on election day at an election day voting centre; or

(b) in accordance with any other manner provided under this Part, if the elector is entitled to use that manner of voting.

Division 2—Voting at an election day voting centre

88 Ballot-box to be exhibited before voting

Immediately before voting commences at an election day voting centre, an election official must—

(a) exhibit for the inspection of the candidates, scrutineers and election officials who may be present, the ballot-box open and empty; and

(b) after exhibiting the ballot-box in accordance with paragraph (a), close and securely fasten and seal the ballot-box ensuring that it is still empty.

89 Hours of voting

(1) Subject to subsection (2), voting at every election day voting centre must—

(a) commence at 8 a.m. on election day; and

(b) unless adjourned under section 97, close at 6 p.m. on the same day.

(2) A person must be permitted to vote if the person is—

(a) in an election day voting centre at 6 p.m.; and

(b) entitled to vote at the election.

90 Questions to be asked of voter

(1) Subject to subsection (2), an election official must ask a person claiming to vote in an election at an election day voting centre before the person is given a ballot-paper—

(a) What is your full name?

(b) Where do you live?

(c) Have you voted before in this election?

(2) The election official must not ask the question in subsection (1)(b) if the elector is a silent elector or an itinerant elector.

S. 90(3) repealed by No. 41/2010 s. 12.

S. 90(4) substituted by No. 41/2010 s. 12.

(4) The election official must reject a person's claim to vote if the person—

(a) refuses to answer fully the questions asked; or

(b) answers the question specified in subsection (1)(c) in the affirmative.

(5) The election official must not reject a claim to vote as a result of any mistake in the electoral roll if the voter is sufficiently identified in the opinion of the election official.

91 Election official may require voter to make declaration as to identity

(1) If an election official reasonably suspects that a person claiming to vote is impersonating an elector, the election official may request the person to—

(a) make a declaration in the prescribed form as to the person's name, address and date of birth; and

(b) sign the declaration.

(2) A person who does not comply with a request made under subsection (1) is prohibited from voting at the election and is guilty of an offence.

(3) If a scrutineer objects to the entitlement of a person to vote, the election official must record the objection.

92 Elector to receive ballot-paper

If a person is entitled to vote, the election official must—

(a) give the person a ballot-paper that is initialled by the election official; and

(b) record a mark against the person's name on the electoral roll to show that the person has received a ballot-paper.

S. 93 (Heading) amended by No. 2/2003 s. 35(1).

93 How votes to be marked by elector  in Assembly election

S. 93(1) amended by No. 2/2003 s. 35(2).

(1) After receiving a ballot-paper in accordance with Schedule 2, an elector must mark the elector's vote on the ballot-paper in accordance with this section.

(2) An elector must mark the elector's vote on the ballot-paper by placing—

(a) the number 1 opposite the name of the candidate for whom the elector votes as first preference; and

(b) contingent votes for all the remaining candidates by placing numbers 2, 3, 4 (and so on as the case requires) opposite their names so as to indicate by an unbroken numerical sequence the order of preference.

(3) If there are only 2 candidates, the requirements of subsection (1) are sufficiently complied with in the case of any ballot-paper marked with the number 1 opposite the name of only one candidate to indicate the elector's first preference.

(4) If there are more than 2 candidates, the requirements of subsection (1) are sufficiently complied with in the case of any ballot-paper marked with the numbers 1, 2, 3, 4 (and so on as the case requires) opposite the names of all the candidates on the ballot-paper except one.

(5) For the purposes of subsection (4), the elector is to be taken to have indicated the order of preference for all the candidates and to have given the last contingent vote to the candidate opposite whose name no number is placed.

(6) Subject to sections 108 to 110, an elector must, after marking the elector's vote on the ballot-paper, deposit it in the ballot-box.

S. 93A inserted by No. 2/2003 s. 36.

93A How votes to be marked by elector in Council election

(1) After receiving a ballot-paper in accordance with Schedule 1A, an elector must mark the elector's vote on the ballot-paper in accordance with this section.

(2) An elector must mark the elector's vote on the ballot-paper by placing—

(a) the number 1 in the square in relation to the group for which the elector votes as first preference; or

(b) the number 1 opposite the name of the candidate for whom the elector votes as first preference and at least the numbers 2, 3, 4 and 5 opposite the names of the remaining candidates so as to indicate by unbroken numerical sequence the order of preference of contingent votes.

(3) If an elector has marked a tick or cross in a square printed on a ballot-paper in relation to a group, the voter is taken to have placed the number 1 in the square.

(4) If a candidate dies after the final nomination day and before or on election day, and the number of candidates remaining is greater than 5, a ballot‑paper is not deemed to be informal by reason only of—

(a) the inclusion on the ballot-paper of the name of the deceased candidate; or

(b) the marking of any consequential number opposite that name.

(5) Subject to sections 108 to 110, an elector must, after marking the elector's vote on the ballot‑paper, deposit it in the ballot-box.

94 Electors requiring assistance

(1) If an elector satisfies an election official that the elector requires assistance to vote, the election official must permit a person appointed by the elector to assist the elector to vote.

(2) If an elector fails to appoint a person under subsection (1), the election official must assist the elector to vote—

(a) in the presence of any scrutineer; or

(b) if there is no scrutineer present, then in the presence of—

(i) another election official; or

(ii) if the elector so desires, in the presence of a person appointed by the elector.

(3) If an elector satisfies an election official that the elector is physically incapable of entering the voting centre, the election official may allow the elector to vote outside the voting centre, in close proximity to the voting centre.

95 Provision for persons unable to write

S. 95(1) substituted by No. 91/2003 s. 7.

(1) Subject to subsection (2), a person who is required under this Part to sign the person's name and who is unable to write may—

(a) make the person's distinguishing mark and have it witnessed by another person; or

(b) request another person to note on the declaration or application to vote by post that the person who is required to sign his or her name is unable to do so by reason of physical incapacity.

(2) Subsection (1) does not apply if—

(a) the person is required to sign as a witness or as an election official; or

(b) the person is required to sign in the person's own handwriting.

96 Spoilt ballot-papers

(1) If at any election an elector satisfies an election official that the elector has spoilt the elector's ballot-paper, the elector may, on giving the spoilt ballot-paper to the election official, receive a new ballot-paper.

(2) The election official must immediately cancel the spoilt ballot-paper by writing the word "Spoilt" on it and retain it.

97 Provisions relating to adjournments

(1) If from any cause voting does not open or the holding of an election is interrupted or obstructed at any election day voting centre, the Commission must adjourn the holding of the election at the election day voting centre—

(a) for a period of not more than 7 days; and

(b) if necessary and subject to subsection (2), further adjourn the holding of the election until the interruption or obstruction has ceased.

(2) The holding of an election must not be adjourned to a day later than the day before the day named as the return day in the writ for the election.

(3) The Commission must publicly advertise any adjournment.

(4) The provisions of this Act with respect to absent voting do not apply in the case of an adjournment.

S. 97A inserted by No. 38/2005 s. 8.

97A Temporary suspension of voting at an election day voting centre

(1) Without limiting the generality of section 97, the election manager of an election day voting centre may temporarily suspend voting for a period not exceeding 4 hours at the election day voting centre if the election manager considers that it is necessary to do so because of—

(a) a riot or open violence; or

(b) a serious threat of a riot or open violence occurring; or

(c) a storm, tempest, flood or other similar event; or

(d) a health hazard; or

(e) a fire or the activation of a fire alarm or fire safety equipment; or

(f) any other reason which the election manager considers—

(i) may affect the safety of electors; or

(ii) may interrupt or obstruct the proper conduct of voting.

(2) The election manager must ensure that any person who attends the election day voting centre during the period that voting is temporarily suspended is provided with information to assist the person to vote including—

(a) the time at which the election day voting centre is expected to re-open;

(b) the location of other election day voting centres.

(3) If for any reason the election day voting centre can not be re-opened for voting on election day, the Commission must adjourn the holding of the election at the election day voting centre in accordance with section 97.

Division 3—Early voting and postal voting

S. 98 substituted by No. 38/2005 s. 9, repealed by No. 30/2018 s. 22.