Version incorporating amendments as at
18 October 2012
table of provisions
Section Page
1 Short title and commencement 1
2 Repeal and savings 1
3 Power to fix dates for election and place of nomination 2
4 Limits within which dates may be fixed 2
5 Dates and place of nominations to be specified in the writ 3
6 Time for nomination 3
7 Polling places 3
8 Day of polling 3
9 Hours of polling 4
10 Power to extend time and make provision to meet difficulties 4
SCHEDULE—repeal 5
ENDNOTES 6
General Information 6
Table of Amendments 7
Explanatory Details 8
Version No.024
Senate Elections Act 1958
No. 6365 of 1958
Version incorporating amendments as at
18 October 2012
An Act to consolidate the Law relating to the Election of Senators for Victoria to the Senate of the Commonwealth.[1]
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):
1 Short title and commencement
This Act may be cited as the Senate Elections Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2 Repeal and savings
(1) The Act mentioned in the Schedule to the extent thereby expressed to be repealed is hereby repealed accordingly.
(2) Except as in this Act expressly or by necessary implication provided—
(a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing under that Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if that Act had not been so repealed;
(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any order notice nomination matter or thing done made effected issued granted given fixed or existing or continuing by or under the repealed Act before the commencement of this Act.
No. 3769 s. 3.
S. 3 amended by No. 10108 s. 4(b).
3 Power to fix dates for election and place of nomination
s. 3
For the purpose of the elections of Senators for Victoria of the Parliament of the Commonwealth the Governor in Council may from time to time by order published in the Government Gazette fix the dates for—
(a) the issue of the writ;
S. 3(ab) inserted by No. 10108 s. 4(a).
(ab) the close of the Rolls;
(b) the nomination of the candidates;
(c) the polling; and
(d) the return of the writ.
No. 3769 s. 4.
4 Limits within which dates may be fixed
S. 4(1) substituted by No. 10108 s. 5(a).
(1) The date fixed for the close of the Rolls shall be seven days after the date of the writ.
S. 4(1A) inserted by No. 10108 s. 5(a), amended by No. 24/1999 s. 45(a).
(1A) Subject to subsection (1B), the date fixed for the nomination of the candidates shall not be less than 10 days nor more than 27 days after the date of the writ.
S. 4(1B) inserted by No. 10108 s. 5(a).
(1B) Where a candidate for an election dies, after being nominated and before twelve o'clock noon on the day fixed by the writ as the date of nomination for the election, the day fixed as the date of nomination for the election shall, except for the purposes of subsection (2), be taken to be the day next succeeding the day so fixed.
S. 4(2) amended by Nos 10108 s. 5(b), 24/1999 s. 45(b).
(2) The date fixed for the polling shall not be less than 23 days or more than 31 days after the date for the nomination of candidates.
S. 4(3) amended by No. 31/1988 s. 28(a).
(3) The date fixed for the return of the writ shall not be more than 100 days after the date of the writ.
No. 3769 s. 5.
S. 5 amended by No. 10108 s. 6(a)(b).
5 Dates and place of nominations to be specified in the writ
s. 5
The writ shall bear date as of the day of issue, and the dates fixed for the close of the Rolls, the nomination of candidates the polling and the return of the writ shall be specified therein.
No. 3769 s. 6.
6 Time for nomination
Nomination must be made at some time after the issue of the writ and before twelve o'clock noon on the day of nomination.
No. 3769 s. 7.
7 Polling places
The polling shall be taken at all polling places within the State appointed under the law of the Commonwealth for the time being in force for the regulation of Parliamentary elections.
No. 3769 s. 8.
8 Day of polling
The day fixed for the polling shall be a Saturday.
No. 3769 s. 9.
S. 9 amended by No. 10108 s. 7.
9 Hours of polling
s. 9
The poll shall be open at eight o'clock in the morning and shall not close until all electors in the polling booth at six o'clock in the afternoon and desiring to vote have voted.
No. 3769 s. 10.
S. 10 amended by No. 31/1988 s. 28(b).
10 Power to extend time and make provision to meet difficulties
The Governor may by notice published in the Government Gazette provide for extending the time for holding the election or for returning the writ or meeting any difficulty which might otherwise interfere with the due course of the election and any provision so made shall be valid and sufficient.
Section 2.
SCHEDULE
Sch.
Number of Act
Title of Act
Extent of Repeal
3769
Senate Elections (Times and Places) Act 1928
The whole
ENDNOTES
Endnotes
General Information
The Senate Elections Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.
Table of Amendments
Endnotes
This Version incorporates amendments made to the Senate Elections Act 1958 by Acts and subordinate instruments.