Version incorporating amendments as at
30 March 2022
table of provisions
Section Page
1 Short title 1
2 Definitions 1
3 Establishment of Electoral Boundaries Commission 2
5 Function of Commission 3
6 Assignment of Judge to Commission 5
7 Chairman and quorum 5
8 Meetings 5
9 Factors to be taken into account by Commissioners 6
10 Submissions and reports 6
10A Map to be published 7
10B Submissions, suggestions and objections 8
11 Statement of the division of electors and other material 9
12 Deposit of statement etc. in Central Plan Office etc. 9
13 Notice of deposit of statement of division 10
14 Commencement of region divisions 10
15 Commencement of district divisions 11
16 Effect of division upon choosing person to fill Council vacancy 11
16A Effect on election of Assembly members 11
17 Preparation of rolls 12
Endnotes 14
1 General information 14
2 Table of Amendments 16
3 Explanatory detailss 19
Version No.043
Electoral Boundaries Commission Act 1982
No. 9801 of 1982
Version incorporating amendments as at
30 March 2022
An Act to establish an Electoral Commission for dividing the State of Victoria from time to time into Electoral Provinces for the Legislative Council and Electoral Districts for the Legislative Assembly.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
S. 1
amended by No. 75/1988 s. 7(1).
1 Short title
This Act may be cited as the Electoral Boundaries Commission Act 1982[1].
2 Definitions
In this Act unless inconsistent with the context or subject-matter—
S. 2 def. of Commission amended by No. 75/1988 s. 7(5)(Sch. Pt B item 6).
Commission means the Electoral Boundaries Commission[2] constituted under this Act;
district means electoral district for the Legislative Assembly;
S. 2 def. of province amended by No. 23/2002 s. 190(1)(a), repealed by No. 2/2003 s. 45(1)(a).
S. 2 def. of region inserted by No. 2/2003 s. 45(1)(b).
region means electoral region for the Legislative Council;
S. 2 def. of Victorian Electoral Commission inserted by No. 23/2002 s. 190(1)(b).
Victorian Electoral Commission means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002.
3 Establishment of Electoral Boundaries Commission
S. 3(1) amended by No. 75/1988 s. 7(5)(Sch. Pt B item 6).
(1) For the purposes of this Act there shall be an Electoral Boundaries Commission[3] constituted as provided in subsection (2).
S. 3(2) amended by No. 75/1988 s. 7(5)(Sch. Pt B item 6).
(2) The Electoral Boundaries Commission shall consist of three persons of whom—
(a) one, who shall be chairman, shall be the Chief Judge of the County Court or his duly appointed nominee;
S. 3(2)(b) amended by No. 75/1988 s. 4(3)(Sch. Pt A item 2).
(b) one shall be the Electoral Commissioner for the time being; and
(c) one shall be the Surveyor-General for the time being.
S. 4 amended by Nos 75/1988 s. 4(3)(Sch. Pt A item 2), 42/1995 s. 224(Sch. 2 item 12), 23/2002 s. 190(2)(3), repealed by No. 47/2004 s. 71(Sch. item 1).
5 Function of Commission
S. 5(1) substituted by No. 2/2003 s. 45(2).
(1) Subject to and in accordance with the provisions of this Act, the functions of the Commission shall be to divide the State of Victoria into electoral regions for the Legislative Council and electoral districts for the Legislative Assembly as often as is necessary from time to time for the conduct of elections for the Legislative Council and the Legislative Assembly with the object of establishing and maintaining electoral regions of approximately equal enrolment and electoral districts of approximately equal enrolment and to determine the boundaries thereof.
S. 5(2) substituted by No. 9894 s. 2(1), amended by No. 2/2003 s. 45(3)(a).
(2) Subject to and in accordance with section 27 and section 35 of the Constitution Act 1975 the Commission shall divide Victoria into regions and districts[4].
S. 5(3) amended by No. 2/2003 s. 45(3)(b), substituted by No. 2/2003 s. 45(3A) (as amended by No. 85/2004 s. 9).
(3) The Commission must, before beginning to conduct a redivision, publish a notice in the Government Gazette specifying—
(a) the date on which the Commission is to begin conducting the redivision;
(b) the condition applying in the relevant period under subsection (4) which requires the Commission to conduct the redivision;
(c) the quota for electoral regions and the quota for electoral districts which is to be used as the basis for the redivision.
S. 5(4) inserted by No. 2/2003 s. 45(3A) (as amended by No. 85/2004 s. 9).
(4) The Commission must conduct a redivision if any one of the conditions specified in paragraphs (a) to (d) applies in the relevant period—
(a) the number of electors enrolled for a minimum of 3 electoral regions or a minimum of 27 electoral districts have varied for a minimum period of 2 months by more than 10 per centum from the average enrolment of all electoral regions or all electoral districts;
(b) the number of electors enrolled for a minimum of 3 electoral regions or a minimum of 23 electoral districts have varied for a minimum period of 2 months by more than 10 per centum from the average enrolment of all electoral regions or all electoral districts and the number of electors enrolled for at least 1 of those electoral regions or at least 5 of those electoral districts have varied for a minimum period of 2 months by more than 20 per centum from the average enrolment of all electoral regions or all electoral districts;
(c) there have been 2 general elections since the last redivision;
(d) section 27 or 35 of the Constitution Act 1975 has been amended to change the number of electoral regions or electoral districts.
S. 5(5) inserted by No. 2/2003 s. 45(3A) (as amended by No. 85/2004 s. 9).
(5) In this section—
general election means an election at which all the members of the Legislative Council and the Legislative Assembly have to be elected;
quota for electoral districts means the quota determined by dividing the total number of electors enrolled as electors for Victoria as at the last day of the month preceding the date of the notice under subsection (3) by the number of electoral districts;
quota for electoral regions means the quota determined by dividing the total number of electors enrolled as electors for Victoria as at the last day of the month preceding the date of the notice under subsection (3) by the number of electoral regions;
relevant period means the period beginning 24 months before the next scheduled general election and ending 18 months before the next scheduled general election.
6 Assignment of Judge to Commission
The Chief Judge of the County Court may by writing signed by him assign a Judge of the County Court to be a member of the Commission in his stead either generally or for a specified period or periods.
7 Chairman and quorum
(1) At all meetings of the Commission the chairman, if present, shall preside and in his absence the members present shall appoint one of their number to preside.
(2) Two members of the Commission shall constitute a quorum of the Commission and shall have full power to act.
8 Meetings
S. 8(1) amended by No. 2/2003 s. 45(4).
(1) The Commission shall meet as often as it considers necessary for carrying out its functions under this Act but shall meet at intervals of not more than two years after the holding of general elections.
(2) The Commission shall meet at such times and in such places as the Commission from time to time determines or as the chairman appoints and notifies to the Commissioners.
9 Factors to be taken into account by Commissioners
S. 9(1) amended by No. 2/2003 s. 45(5).
(1) In making any division of electors and in determining the number of electors to be allocated to a region or district the Commissioners shall give due consideration to—
(a) area and physical features of terrain;
(b) means of travel, traffic arteries, and communications and any special difficulties in connection therewith;
(c) community or diversity of interests; and
(d) the likelihood of changes in the number of electors in the various localities.
S. 9(2) amended by No. 2/2003 s. 45(6).
(2) For the purposes of this Act the Commission may take electoral regions or electoral districts to be of approximately equal enrolment where the enrolment for each region or district does not vary by more than 10 per centum from the average enrolment of all regions or districts (as the case requires).
10 Submissions and reports
(1) In the course of its deliberations the Commission shall invite submissions from the public and may obtain such reports and make such inspections as it thinks necessary and may call such persons having special knowledge before the Commission as it thinks necessary.
(2) A person shall be entitled to make submissions to the Commission in writing or, by leave of the Commission, orally.
(3) Where the Commission hears oral submissions the Commission shall hear them in public and cause them to be recorded and a transcript to be made thereof which shall be taken to be a public document as described in this section.
(4) Each submission made in response to such invitation shall be deemed to be a public document and the same or a copy thereof and a transcript or copy of a transcript of any oral submission shall be open for inspection at the office of the Commission at all times during its normal office hours until the expiration of three months after the statement, particulars and maps referred to in section 11 shall have first been laid before Parliament.
S. 10(5) amended by No. 10/2004 s. 15(Sch. 1 item 7).
(5) Every person who obstructs or endeavours to influence a member of the Commission in the performance of his duties or the exercise of his discretion under this Act otherwise than by way of a submission pursuant to subsection (1) shall be guilty of an offence and liable to a penalty not exceeding 50 penalty units.
S. 10(6) amended by No. 9894 s. 3.
(6) Any person convicted of any offence against subsection (5) shall be disqualified from being elected to or holding office as a member of the Parliament of Victoria during a period of three years after the date of such conviction.
S. 10A (Heading) inserted by No. 13/2022 s. 28(1).
S. 10A inserted by No. 9894 s. 4, amended by Nos 12/1989 s. 4(1)(Sch. 2 items 32.1, 32.2), 85/2004 s. 4, 2/2003 s. 45(7), 9/2020 s. 390(Sch. 1 item 31), 13/2022 s. 28(2)(3) (ILA s. 39B(1)).
10A Map to be published
(1) The Commission shall cause a map of the boundaries of each proposed electoral region, showing the proposed electoral districts contained therein, to be published on the Internet site of the Commission and invite public attention to that map by advertisement published in the Government Gazette and in two newspapers circulating throughout the proposed electoral region.
S. 10A(2) inserted by No. 13/2022 s. 28(3).
(2) The Commission must give a copy of a map referred to in subsection (1) to a person at that person's request.
S. 10B (Heading) inserted by No. 85/2004 s. 5(1).
S. 10B inserted by No. 9894 s. 4, amended by No. 85/2004 s. 5(2)(3) (ILA s. 39B(1)).
10B Submissions, suggestions and objections
S. 10B(1) amended by No. 2/2003 s. 45(8).
(1) Suggestions or objections in writing concerning a proposed electoral region or proposed electoral district may be lodged with the Commission not later than 30 days after the advertisement in the Government Gazette referred to in the last preceding section, and the Commission shall consider all suggestions and objections so lodged.
S. 10B(2) inserted by No. 85/2004 s. 5(3).
(2) In considering suggestions or objections lodged under subsection (1), the Commission may conduct hearings in public.
S. 10B(3) inserted by No. 85/2004 s. 5(3).
(3) A person who lodges a suggestion or objection under subsection (1) may lodge a request with that suggestion or objection that the person be permitted to make an oral submission to the Commission in support of the suggestion or objection.
S. 10B(4) inserted by No. 85/2004 s. 5(3).
(4) If the Commission hears oral submissions, the Commission must hear them in public and cause them to be recorded and a transcript to be made.
S. 10B(5) inserted by No. 85/2004 s. 5(3).
(5) A suggestion or objection lodged under subsection (1) or a transcript of an oral submission made under subsection (4) is a public document which must be available for inspection at the office of the Commission at all times during its normal office hours until the expiration of 3 months after the statement referred to in section 11 is first laid before Parliament.
S. 11 (Heading) inserted by No. 85/2004 s. 6(1).
S. 11 amended by Nos 9894 s. 5, 85/2004 s. 6(2), 2/2003 s. 45(9).
11 Statement of the division of electors and other material
The Commission must, immediately after the expiration of the period of 30 days referred to in section 10B, consider any suggestions or objections which have been lodged pursuant to section 10B and where the Commission agrees upon an electoral division the Commission must prepare a statement of the division of electors agreed upon together with particulars of the number of electors residing in each electoral region or electoral district respectively as nearly as can be ascertained and maps endorsed by the Commission showing the name and boundaries of each electoral region and electoral district.
12 Deposit of statement etc. in Central Plan Office etc.
S. 12(1) amended by No. 85/2004 s. 7(1)(a)(b).
(1) Within fourteen days after preparing any statement, particulars, and maps referred to in section 11 the Commission shall cause a copy thereof—
S. 12(1)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 15.1), 46/1998
s. 7(Sch. 1), 85/2004 s. 7(1)(c), 53/2017 s. 75.
(a) to be deposited in the Central Plan Office;
S. 12(1)(b) amended by Nos 75/1988 s. 4(3)(Sch. Pt A item 2), 23/2002 s. 190(4).
(b) to be forwarded to the Victorian Electoral Commission;
(c) to be laid before each House of Parliament if Parliament is then sitting; and
(d) to be forwarded to each member of Parliament.
S. 12(2) amended by No. 85/2004 s. 7(2).
(2) If Parliament is not sitting at the time referred to in subsection (1) the Commission shall cause a copy of the statement, particulars, and maps to be laid before each House of Parliament within fourteen days after the next meeting of Parliament.
13 Notice of deposit of statement of division
S. 13(1) amended by Nos 41/1987 s. 103(Sch. 4 item 15.2), 76/1998 s. 20, 85/2004 s. 8(1).
(1) Within fourteen days after any statement, particulars, and maps are deposited in the Central Plan Office pursuant to the provisions of section 12 the Commission shall cause to be published in the Government Gazette notice of the fact thereof and of the day upon which they were so deposited.
S. 13(2) repealed by No. 85/2004 s. 8(2).
S. 14 substituted by No. 9894 s. 6, amended by Nos 75/1988 s. 4(3)(Sch. Pt A item 2), 23/2002 s. 190(4), substituted by No. 2/2003 s. 46.
14 Commencement of region divisions
(1) Immediately after the day notified in the Government Gazette under section 13 in relation to a division of electors, the names and boundaries of the electoral regions for the Legislative Council set forth in the statement of the Commissioners deposited in the Central Plan Office must be published in the Government Gazette by the Victorian Electoral Commission.
(2) On the day on which writs are issued for a general election, the names and boundaries of the regions published in accordance with subsection (1) are deemed to be substituted for the names and boundaries of the electoral regions previously published in the Government Gazette under section 27 of the Constitution Act 1975.
S. 15 substituted by No. 9894 s. 6, amended by Nos 75/1988 s. 4(3)(Sch. Pt A item 2), 23/2002 s. 190(4).
15 Commencement of district divisions
Immediately after the day notified in the Government Gazette under section 13 in relation to a division of electors the names and boundaries of the electoral districts for the Legislative Assembly set forth in the statement of the Commissioners deposited in the Central Plan Office shall be published in the Government Gazette by the Victorian Electoral Commission and on the day on which a dissolution or other lawful determination of the Legislative Assembly next occurs the names and boundaries of electoral districts so published shall be deemed to be substituted for the names and boundaries of the electoral districts previously published in the Government Gazette under section 35 of the Constitution Act 1975.
S. 16 amended by No. 9894 s. 7(a)(b), substituted by No. 2/2003 s. 47.
16 Effect of division upon choosing person to fill Council vacancy
Where, after the day notified in the Government Gazette under section 13 in relation to a division of electors and before the day of dissolution or other lawful determination of the Assembly occurring next after that division, the seat of a member for a region which was existing immediately before that division becomes vacant, that division does not affect the choosing of a person to occupy the vacant seat in accordance with section 27A of the Constitution Act 1975.
S. 16A inserted by No. 9894 s. 8.
16A Effect on election of Assembly members
Where, after the day notified in the Government Gazette under section 13 in relation to a division of electors and before the day of dissolution or other lawful determination of the Assembly occurring next after that division the seat of a member for a district which was existing immediately before that division becomes vacant, that division shall not affect any election of a member of the Assembly to serve in the place of that member, and for the purposes of any such election the electoral districts as theretofore existing and the electoral rolls in respect thereof shall continue to have full force and effect.
17 Preparation of rolls
S. 17(1) amended by No. 75/1988 s. 4(3)(Sch. Pt A item 2), substituted by No. 23/2002 s. 190(5), amended by No. 2/2003 s. 48.
(1) As soon as practicable after the Victorian Electoral Commission receives a copy of any statement of division of electors under this Act, the Victorian Electoral Commission must cause new electoral rolls to be prepared in accordance with the Electoral Act 2002 for the new electoral regions and electoral districts.
S. 17(2) amended by No. 9894 s. 9, repealed by No. 24/1999 s. 46.
(3) Notwithstanding anything to the contrary in any other Act the Governor in Council may—
(a) by Order give such directions or provide for any matters or things as appear necessary or expedient for the preparation of the new electoral rolls or for carrying into effect any of the provisions of this Act;
(b) modify any provision of any proclamation Order in Council or regulation so far as appears necessary or expedient to give effect to any direction or Order under this section.
Ss 18, 19 inserted by No. 2/2003 s. 44, repealed by No. 13/2022 s. 29.
Sch. inserted by No. 2/2003 s. 44, repealed by No. 13/2022 s. 30.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Electoral Boundaries Commission Act 1982 was assented to on 23 November 1982 and came into operation on 23 November 1982.
The name of this Act was changed from the Electoral Commission Act1982 to the Electoral Boundaries Commission Act1982 by section 7(1) of TheConstitution Act Amendment (Electoral Reform) Act 1988, No. 75/1988.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Electoral Boundaries Commission Act 1982 by Acts and subordinate instruments.
S. 1: Section 7(2)(3) of The Constitution Act Amendment (Electoral Reform) Act 1988, No. 75/1988 (repealed) read as follows:
7 Change of name of Electoral Commission
(2) Any reference in any Act or subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to—
(a) the Electoral Commission Act 1982 is to be construed as a reference to the Electoral Boundaries Commission Act 1982; and
(b) the Electoral Commission is to be construed as a reference to the Electoral Boundaries Commission.
(3) The Electoral Boundaries Commission is the same body as the Electoral Commission and no act, matter or thing is in any way abated or affected by reason of the change of name. ↑
S. 5(2): Section 2(2) of the Electoral Commission (Amendment) Act 1983, No. 9894 (repealed) read as follows:
2 Amendment of No. 9801 s. 5(2)
(2) For the first division made under the Electoral Commission Act 1982 each of the 22 provinces shall consist of four complete and contiguous districts and the Legislative Assembly shall consist of 88 districts. ↑