City of Melbourne (Electoral) and Local Government (Electoral) Amendment Regulations 2020 (Vic)
City of Melbourne (Electoral) and Local Government (Electoral) Amendment Regulations 2020
S.R. No. 92/2020
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
Part 2—Amendment of City of Melbourne (Electoral) Regulations 2012
4Principal Regulations
5Consequential amendment—Objectives
6Definitions
7Application
8Silent voter list
9Silent voter's details to be kept secure
10Silent voter not required to provide address
11Voters' roll
12Division 1 of Part 3—consequential amendment of heading
13Regulation 20 substituted
14Notice of withdrawal of candidature
15Retirement and death of candidate—Lord Mayor and Deputy Lord Mayor
16Group name of Lord Mayor and Deputy Lord Mayor
17Appointment and declaration of scrutineer
18Candidates and scrutineers—Councillors
19How-to-vote cards
20Application and interpretation of Division
21Candidate information
22Joint statement—Lord Mayor and Deputy Lord Mayor
23Candidate statement—Ungrouped candidates
24Group statement
25Group voting tickets
26Joint request for grouping of candidates
27Reference to other candidates
28Rejection and amendment of statements
29Indication of preferences—Lord Mayor and Deputy Lord Mayor
30Indication of preferences—Ungrouped candidates
31Candidate information on the Internet
32Publication of candidate information
33Disclaimer on statements
34Candidate questionnaire
35Form of ballot-paper—Lord Mayor and Deputy Lord Mayor
36Regulation 48 revoked
37New Part 5 inserted
38Form 2 of the Schedule revoked
Part 3—Amendment of Local Government (Electoral) Regulations 2020
39Principal Regulations
40Conducting Training
41New Parts 8 and 9 inserted
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Endnotes
STATUTORY RULES 2020
S.R. No. 92/2020
City of Melbourne Act 2001
Local Government Act 2020
City of Melbourne (Electoral) and Local Government (Electoral) Amendment Regulations 2020
The Governor in Council makes the following Regulations:
Dated: 1 September 2020
Responsible Minister:
SHAUN LEANE
Minister for Local GovernmentCLAIRE CHISHOLM
Clerk of the Executive Council
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to amend the City of Melbourne (Electoral) Regulations 2012—
(i)as a consequence of the enactment of the Local Government Act 2020 and the Local Government (Electoral) Regulations 2020; and
(ii)in response to the COVID-19 pandemic; and
(b)to amend the Local Government (Electoral) Regulations 2020—
(i)in response to the COVID‑19 pandemic; and
(ii)to apply provisions to elections at the City of Melbourne.
2Authorising provisions
These Regulations are made under section 29 of the City of Melbourne Act 2001 and sections 325 and 326 of the Local Government Act 2020.
3Commencement
These Regulations come into operation on 2 September 2020.
Part 2—Amendment of City of Melbourne (Electoral) Regulations 2012
4Principal Regulations
In this Part, the City of Melbourne (Electoral) Regulations 2012[1] are called the Principal Regulations.
5Consequential amendment—Objectives
In regulation 1(b) of the Principal Regulations, for "2016" substitute "2020".
6Definitions
In regulation 5 of the Principal Regulations—
(a)insert the following definition—
"authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;";
(b)the definition of candidate questionnaire form is revoked;
(c)for the definition of candidate statement substitute—
"candidate statement means the statement and any photograph lodged by a candidate in accordance with regulation 36;";
(d)for the definition of election official substitute—
"election official means a person appointed as election manager or election official under regulation 21(1) of the Local Government (Electoral) Regulations 2020;";
(e)for the definition of postal ballot envelope, substitute—
"postal ballot envelope means an envelope that complies with the requirements set out in regulation 49 of the Local Government (Electoral) Regulations 2020;";
(f)for paragraph (a) of the definition of silent voter substitute—
"(a)a voter whose request to be a silent voter has been granted under section 10(4) of the City of Melbourne Act 2001;";
(g)in paragraph (c) of the definition of silent voter, for "Electoral Act 2002;'' substitute "Electoral Act 2002.";
(h)the definition of voter notice is revoked.
7Application
In regulation 6(a) of the Principal Regulations, for "2016" substitute "2020".
8Silent voter list
(1)In regulation 16(1) of the Principal Regulations, after "list of silent voters" insert "whose request to be a silent voter has been granted under section 10(4) of the City of Melbourne Act2001".
(2)In regulation 16(2) of the Principal Regulations, for "entitlement day" substitute "close of the roll".
9Silent voter's details to be kept secure
(1)In regulation 17(1)(a) of the Principal Regulations, after "the address of a silent voter" insert "whose request to be a silent voter has been granted under section 10(4) of the City of Melbourne Act 2001".
(2)For regulation 17(2) of the Principal Regulations substitute—
"(2)The VEC must ensure that only persons authorised by the VEC have access to the address of a silent voter described in paragraph (b) or (c) of the definition of silent voter.".
10Silent voter not required to provide address
Regulation 18 of the Principal Regulations is revoked.
11Voters' roll
In regulation 19(1) of the Principal Regulations—
(a)for paragraph (b) substitute—
"(b)the date of the election for which the roll has been prepared;";
(b)for paragraph (c) substitute—
"(c)the surname and other name or names of each voter;".
12Division 1 of Part 3—consequential amendment of heading
In the heading to Division 1 of Part 3 of the Principal Regulations omit "and scrutineers".
13Regulation 20 substituted
For regulation 20 of the Principal Regulations substitute—
"20 Joint nominations for the offices of Lord Mayor and Deputy Lord Mayor
(1)Any 2 candidates that are nominating jointly for the offices of Lord Mayor and Deputy Lord Mayor under section 15 of the City of Melbourne Act 2001 must—
(a)complete a notice of candidature containing the details required by subregulation (2); and
(b)each sign the notice of candidature; and
(c)each make a declaration in writing in accordance with subregulation (3); and
(d)pay to the VEC the nomination fee of $250 in cash or by cheque drawn on an account of an authorised deposit‑taking institution.
(2)The notice of candidature must be in writing and must contain the following details—
(a)the surname and given names of the candidate seeking election as Lord Mayor;
(b)the surname and given names of the candidate seeking election as Deputy Lord Mayor;
(c)the addresses in respect of which each candidate is enrolled on the voters' roll;
(d)if different from the address referred to in paragraph (c), the candidate's principal place of residence and postal addresses;
(e)how each candidate may be contacted at short notice during business hours and during non‑business hours, which may include—
(i)a telephone number; and
(ii)an email address;
(f)the form in which each candidate's name is to appear on the ballot-paper.
(3)Each candidate must include in the notice of candidature a declaration that is signed and dated by each candidate and that states that the candidate—
(a)is applying to be a candidate for the office of Lord Mayor or Deputy Lord Mayor (as the case may be) at the election and the year of the election; and
(b)is qualified to be a Councillor under the Local Government Act 2020; and
(c)has completed the Local Government Candidate Training in accordance with the Local Government (Electoral) Regulations 2020 and that specifies—
(i)the date and location where the candidate attended the Local Government Candidate Training; or
(ii)the date the candidate was provided access by electronic means to the Local Government Candidate Training; and
(d)is aware that it is an offence for a person who is not entitled to nominate as a candidate for an election under section 256 of the Local Government Act 2020 to nominate as a candidate for an election.
(4)Each candidate must sign the declaration referred to in subregulation (3) in the presence of the election manager.
(5)If a candidate has changed the candidate's name from that which appears on the voters' roll, the candidate must attach evidence of the change of name to the notice of candidature.
(6)Each candidate's name is to appear on the ballot‑paper in the form specified in the notice of candidature under subregulation (2)(f).
(7)For the purposes of subregulation (6) a given name may be specified by—
(a)an initial standing for that name; or
(b)a commonly accepted variation of that name, including an abbreviation 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.
(8)A name cannot be specified on a ballot-paper under subregulation (7)(c) unless the candidate produces evidence to the satisfaction of the election manager that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified.
(9)Subject to regulation 22, a title or other designation cannot be included with, or as part of, the name of a candidate on a ballot-paper.".
14Notice of withdrawal of candidature
For regulation 21 of the Principal Regulations substitute—
"21 Notice of withdrawal of candidature
(1)Either one of a pair of candidates who have made a joint nomination in accordance with regulation 20 may withdraw the candidature before noon on nomination day.
(2)The notice of withdrawal of candidature must be in writing and must include the following details—
(a)the date of the election;
(b)the full names of the withdrawing candidates.
(3)The notice of withdrawal of candidature must be signed and dated by one of the withdrawing candidates.
(4)The election manager must keep the notice of withdrawal of candidature.
(5)The election manager must retain the nomination fee paid by the pair of candidates who withdraw their candidature under this regulation.".
15Retirement and death of candidate—Lord Mayor and Deputy Lord Mayor
After regulation 21 of the Principal Regulations insert—
"21A Retirement of candidate—Lord Mayor and Deputy Lord Mayor
If a candidate who retires is a joint candidate for the offices of Lord Mayor and Deputy Lord Mayor, the joint nomination of both candidates under regulation 20 becomes void on the date the retirement takes effect under regulation 27(3) or (6) of the Local Government (Electoral) Regulations 2020.
21BDeath of candidate—Lord Mayor and Deputy Lord Mayor
If a candidate who dies is a joint candidate for the offices of Lord Mayor and Deputy Lord Mayor, the joint nomination of both candidates under regulation 20 becomes void.".
16Group name of Lord Mayor and Deputy Lord Mayor
(1)In regulation 22(2)(b) of the Principal Regulations, for "returning officer" substitute "election manager".
(2)In regulation 22(3A) of the Principal Regulations—
(a)for paragraph (a) substitute—
"(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or";
(b)in paragraphs (b) and (c), for "returning officer" substitute "election manager".
17Appointment and declaration of scrutineer
Regulation 23 of the Principal Regulations is revoked.
18Candidates and scrutineers—Councillors
Division 2 of Part 3 of the Principal Regulations is revoked.
19How-to-vote cards
Division 3 of Part 3 of the Principal Regulations is revoked.
20Application and interpretation of Division
Regulation 33(1) and the Note at the foot of regulation 33(1) of the Principal Regulations are revoked.
21Candidate information
For regulation 34 of the Principal Regulations substitute—
"34 Candidate information
In addition to the material included under regulation 49(2) of the Local Government (Electoral) Regulations 2020, a postal ballot envelope must contain the candidate information.".
22Joint statement—Lord Mayor and Deputy Lord Mayor
(1)In regulation 35(1) of the Principal Regulations, after "may lodge" insert "with the election manager".
(2)For regulation 35(2) of the Principal Regulations substitute—
"(2)A joint statement—
(a)must include a single written statement of no more than 350 words; and
(b)may include a recent passport-size photograph of each candidate or any one of the candidates.".
(3)For regulation 35(3) of the Principal Regulations substitute—
"(3)A candidate must—
(a)provide the election manager with 2 identical prints of any photograph lodged with the joint statement and write the candidate's name on the back of one of the prints; or
(b)if the photograph is provided in electronic format, include the candidate's name in the electronic file name.".
(4)For regulation 35(5) of the Principal Regulations substitute—
"(5)A joint statement must be lodged with the election manager before noon on the 4th day after nomination day.".
(5)In regulation 35(6) of the Principal Regulations—
(a)for paragraph (a) substitute—
"(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or";
(b)in paragraphs (b) and (c), for "returning officer" substitute "election manager".
23Candidate statement—Ungrouped candidates
(1)In regulation 36(1) of the Principal Regulations, after "may lodge" insert "with the election manager".
(2)For regulation 36(2) of the Principal Regulations substitute—
"(2)A candidate statement—
(a)must include a written statement of no more than 300 words; and
(b)may include a recent passport-size photograph of the candidate.".
(3)For regulation 36(3) of the Principal Regulations substitute—
"(3)A candidate must—
(a)provide the election manager with 2 identical prints of any photograph lodged with the statement and write the candidate's name on the back of one of the prints; or
(b)if the photograph is provided in electronic format, include the candidate's name in the electronic file name.".
(4)For regulation 36(5) of the Principal Regulations substitute—
"(5)A candidate statement must be lodged with the election manager before noon on the 4th day after nomination day.".
(5)In regulation 36(6) of the Principal Regulations—
(a)for paragraph (a) substitute—
"(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or";
(b)in paragraphs (b) and (c), for "returning officer" substitute "election manager".
24Group statement
(1)In regulation 37(1) of the Principal Regulations, after "may lodge" insert "with the election manager".
(2)For regulation 37(2) of the Principal Regulations substitute—
"(2)A group statement—
(a)must include a written statement of no more than 350 words; and
(b)may include a recent passport-size photograph of one or more members of the group or individual recent passport-size photographs of all members of the group.".
(3)For regulation 37(3) of the Principal Regulations substitute—
"(3)Each member of the group whose photograph is lodged must—
(a)provide the election manager with 2 identical prints of any photograph lodged with the statement and write the member's name on the back of one of the prints; or
(b)if the photograph is provided in electronic format, include the member's name in the electronic file name.".
(4)For regulation 37(5) of the Principal Regulations substitute—
"(5)A group statement must be lodged with the election manager before noon on the 4th day after nomination day by a person authorised to sign an application to register a group voting ticket under clause 6 of Schedule 1 to the City of Melbourne Act 2001.".
(5)In regulation 37(6) of the Principal Regulations—
(a)for paragraph (a) substitute—
"(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or";
(b)in paragraphs (b) and (c), for "returning officer" substitute "election manager".
25Group voting tickets
In regulation 37A of the Principal Regulations—
(a)for paragraph (a) substitute—
"(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or";
(b)in paragraphs (b) and (c), for "returning officer" substitute "election manager".
26Joint request for grouping of candidates
In regulation 37B of the Principal Regulations—
(a)for paragraph (a) substitute—
"(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or";
(b)in paragraphs (b) and (c), for "returning officer" substitute "election manager".
27Reference to other candidates
In regulation 38(3) of the Principal Regulations, for "returning officer" substitute "election manager".
28Rejection and amendment of statements
(1)In regulation 39(1) of the Principal Regulations—
(a)for "returning officer" substitute "election manager";
(b)in paragraph (a), for "returning officer" substitute "election manager";
(c)after paragraph (a)(iv) insert—
"(v)material that is in breach of an Act or regulation; or".
(2)In regulation 39(2) of the Principal Regulations, for "If the returning officer believes that a joint statement, candidate statement or group statement may be in breach of an Act or Regulation, the returning officer may so advise—" substitute "If the election manager rejects a joint statement, candidate statement or group statement under subregulation (1), the election manager may so advise—".
(3)In regulation 39(4) of the Principal Regulations, for "returning officer" substitute "election manager".
29Indication of preferences—Lord Mayor and Deputy Lord Mayor
(1)In regulation 40(1) of the Principal Regulations, after "may lodge" insert "with the election manager".
(2)For regulation 40(2)(a) of the Principal Regulations substitute—
"(a)with the election manager no later than noon on the 4th day after nomination day; and".
(3)In regulation 40(2A) of the Principal Regulations—
(a)for paragraph (a) substitute—
"(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or";
(b)in paragraphs (b) and (c), for "returning officer" substitute "election manager".
(4)In regulation 40(4) of the Principal Regulations, for "returning officer" substitute "election manager".
30Indication of preferences—Ungrouped candidates
(1)In regulation 41(1) of the Principal Regulations, after "may lodge" insert "with the election manager".
(2)For regulation 41(2) of the Principal Regulations, substitute—
"(2)An indication of preferences must be lodged with the election manager no later than noon on the 4th day after nomination day.".
(3)In regulation 41(2A) of the Principal Regulations—
(a)for paragraph (a) substitute—
"(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or";
(b)in paragraphs (b) and (c), for "returning officer" substitute "election manager".
(4)In regulation 41(3)(b) of the Principal Regulations, after "candidate's" insert "order of".
(5)In regulation 41(4) of the Principal Regulations, for "returning officer" substitute "election manager".
31Candidate information on the Internet
In regulation 42 of the Principal Regulations, for "returning officer" (wherever occurring) substitute "election manager".
32Publication of candidate information
(1)In regulation 43(1) of the Principal Regulations, for "returning officer" substitute "election manager".
(2)In regulation 43(2) of the Principal Regulations, for "returning officer" substitute "election manager".
(3)For regulation 43(3) of the Principal Regulations substitute—
"(3)In the case of a joint statement or group statement, the election manager must only publish the first 350 words of the joint statement or group statement.".
(4)For regulation 43(4) of the Principal Regulations, substitute—
"(4)In the case of a candidate statement, the election manager must only publish the first 300 words of the candidate statement.".
(5)In regulation 43(5) of the Principal Regulations, for "returning officer" (where twice occurring) substitute "election manager".
(6)In regulation 43(6) of the Principal Regulations, for "returning officer" substitute "election manager".
(7)In regulation 43(7) of the Principal Regulations, for "returning officer" substitute "election manager".
33Disclaimer on statements
In regulation 44 of the Principal Regulations, for "returning officer" (where twice occurring) substitute "election manager".
34Candidate questionnaire
Division 5 of Part 3 of the Principal Regulations is revoked.
35Form of ballot-paper—Lord Mayor and Deputy Lord Mayor
In regulation 45 of the Principal Regulations, for "For the purposes of clause 14(1) of Schedule 2 to the Local Government Act 1989, a" substitute "A".
36Regulation 48 revoked
Regulation 48 of the Principal Regulations is revoked.
37New Part 5 inserted
After Part 4 of the Principal Regulations insert—
"Part 5—COVID-19 provisions
49Purpose of Part
The purpose of this Part is to make amendments to vary the operation of certain provisions of these Regulations for a specific period in response to the COVID-19 pandemic.
50Definition
In this Part—
prescribed period means the period commencing on the commencement of the City of Melbourne (Electoral) and Local Government (Electoral) Amendment Regulations 2020 and ending on 26 April 2021.
51Candidate nomination
(1)In the case of an election for Lord Mayor and Deputy Lord Mayor held during the prescribed period, despite regulation 20(4), a declaration under regulation 20(3) may be signed without the presence of the election manager if, in the opinion of the election manager, it is unreasonable to require the candidate to sign the declaration in the election manager's presence because the candidate is unable to attend under any directions made under section 200 of the Public Health and Wellbeing Act 2008 to address the serious public health risk posed by Novel coronavirus 2019 (2019-nCoV).
(2)If subregulation (1) applies, the election manager may require—
(a)evidence of the candidate's identity, including the full name, address, signature and a photograph of the candidate, to be submitted with the notice of candidature; and
(b)if the notice of candidature is lodged by a person on behalf of the candidate, the written authorisation of the candidate for the person to lodge the notice of candidature on the candidate's behalf.
(3)In the case of an election for Lord Mayor and Deputy Lord Mayor held during the prescribed period, the VEC may determine that either or both a notice of candidature and nomination fee may be submitted to the election manager by electronic means, if the VEC reasonably believes it is necessary to make the determination to address the serious public health risk posed by Novel coronavirus 2019 (2019-nCoV).
(4)Subregulation (3) applies despite anything to the contrary in these Regulations.
(5)The VEC must not make a determination under subregulation (3) less than 40 days before the election day.
(6)If the VEC makes a determination under subregulation (3), the VEC must publish notice of the determination in the Government Gazette and on the VEC's Internet site specifying both or either of the following, as the case requires—
(a)the means by which the notice of candidature may be submitted;
(b)the means by which the nomination fee may be paid.".
38Form 2 of the Schedule revoked
Form 2 of the Schedule to the Principal Regulations is revoked.
Part 3—Amendment of Local Government (Electoral) Regulations 2020
39Principal Regulations
In this Part, the Local Government (Electoral) Regulations 2020[2] are called the Principal Regulations.
40Conducting Training
For regulation 33(2)(a)(iii) of the Principal Regulations substitute—
"(iii)for the period beginning 8 days before nomination day and ending at 12 noon on nomination day; and".
41New Parts 8 and 9 inserted
After Part 7 of the Principal Regulations, insert—
'Part 8—Application to elections at City of Melbourne
87Application to elections at the City of Melbourne
(1)Subject to regulation 6 of the City of Melbourne (Electoral) Regulations 2012 and subregulations (3) and (4), these Regulations apply to elections at the City of Melbourne as if in respect of an election of Lord Mayor and Deputy Lord Mayor—
(a)in regulation 25—
(i)the reference in subregulation (1)(a) to "nomination form" were a reference to "notice of candidature"; and
(ii)the reference in subregulation (1)(c), to "nomination " were a reference to "notice of candidature"; and
(iii)the reference in subregulation (2) to "nomination" were a reference to "notice of candidature"; and
(iv)the reference in subregulation (2)(a) to "applies" were a reference to "applies to one of the persons nominated as a joint candidate"; and
(v)the reference in subregulation (2)(b) to "regulation 24" were a reference to "regulation 20 of the City of Melbourne (Electoral) Regulations 2012"; and
(vi)the reference in subregulation (3) to "regulation 24" were a reference to "regulation 20 of the City of Melbourne (Electoral) Regulations 2012"; and
(vii)the reference in subregulation (3) to "nomination " were a reference to "notice of candidature"; and
(viii)the reference in subregulation (4) to "nomination from" were a reference to "notice of candidature involving"; and
(ix)the reference in subregulation (5) to "nomination form" were a reference to "notice of candidature"; and
(x)the reference in subregulation (6) to "nomination" (wherever occurring) were a reference to "notice of candidature"; and
(xi)the reference in subregulation (6) to "name of the person" (wherever occurring) were a reference to "names of the persons"; and
(xii)the reference in subregulation (6)(c) to "name of that person and any figure next to the name" were a reference to "names of the persons and any figure next to the names"; and
(b)in regulation 27—
(i)the reference in subregulation (8) to "if the candidate has retired" were a reference to "if one of the candidates has retired"; and
(ii)each reference in subregulation (8) to "name of the retiring candidate" were a reference to "names of the joint candidates"; and
(iii)the reference in subregulation (9) to "nomination form" were a reference to "notice of candidature"; and
(c)in regulation 28—
(i)the reference in subregulation (1) to "If a candidate dies" were a reference to "If one of the joint candidates dies"; and
(ii)the reference in subregulation (2) to "If a candidate dies" were a reference to "If one of the joint candidates dies"; and
(iii)the reference in subregulation (2)(a) to "if the candidate dies" were a reference to "If one of the joint candidates dies"; and
(iv)each reference in subregulation (2) to "name of the deceased candidate" were a reference to "names of the joint candidates.
(2)Subject to regulation 6 of the City of Melbourne (Electoral) Regulations 2012 and subregulations (3) and (4), these Regulations apply to elections at the City of Melbourne as if—
(a)a reference in regulation 43(1) to "A candidate" were a reference to "A candidate for the office of Lord Mayor or Deputy Lord Mayor or for the office of Councillor (within the meaning of the City of Melbourne Act 2001)"; and
(b)a reference in regulation 43(3) to "before 12 noon on the day after nomination day" were a reference to "before noon on the 4th day after nomination day"; and
(c)a reference in regulation 52(1) to "section 250 of the Act" were a reference to "section 11E of the City of Melbourne Act 2001"; and
(d)a reference in regulation 53(4) to "candidate statements" were a reference to "joint statements, candidate statements or group statements"; and
(e)a reference in regulation 54(2)(a) to "section 249(4) of the Act" were a reference to "section 11D(5) of the City of Melbourne Act 2001"; and
(f)a reference in regulation 72(b) to "section 269 of the Act" were a reference to "clauses 10 to 15 of Schedule 1 to the City of Melbourne Act 2001 and regulation 46 of the City of Melbourne (Electoral) Regulations 2012"; and
(g)a reference in regulation 84(1) to "section 266(4) of the Act" were a reference to "section 19(1A) of the City of Melbourne Act 2001"; and
(h)after regulation 84(2)(c) there were included—
"(d)the voter was enrolled under section 9A(3) or (5), 9B, 9C or 9D of the City of Melbourne Act 2001 and the voter's postal address listed on the voters' roll is an address not located in Australia."; and
(i)in Form 2 of Schedule 1—
(i)after "A candidate for the office of" there were included "Lord Mayor, Deputy Lord Mayor or"; and
(ii)a reference to "12 noon on the day after nominations close" were a reference to "noon on the 4th day after nominations close".
(3)Regulations 6 to 14, 17 to 20, 37 to 42 and 47 and Form 1 of Schedule 1 to these Regulations do not apply to elections at the City of Melbourne.
(4)Regulations 24 and 26 of these Regulations do not apply to the election of Lord Mayor and Deputy Lord Mayor at the City of Melbourne.
Part 9—COVID-19 provisions
88Purpose of Part
The purpose of this Part is to make amendments to vary the operation of certain provisions of these Regulations for a specific period in response to the COVID-19 pandemic.
89Definition
In this Part—
prescribed period means the period commencing on the commencement of the City of Melbourne (Electoral) and Local Government (Electoral) Amendment Regulations 2020 and ending on 26 April 2021.
90Candidate nomination
(1)In the case of an election held during the prescribed period, despite regulation 24(4), a declaration under regulation 24(3) may be signed without the presence of the election manager if, in the opinion of the election manager, it is unreasonable to require the candidate to sign the declaration in the election manager's presence because the candidate is unable to attend under any directions made under section 200 of the Public Health and Wellbeing Act 2008 to address the serious public health risk posed by Novel coronavirus 2019 (2019-nCoV).
(2)If subregulation (1) applies, the election manager may require—
(a)evidence of the candidate's identity, including the full name, address, signature and a photograph of the candidate, to be submitted with the nomination form; and
(b)if the nomination form is lodged by a person on behalf of the candidate, the written authorisation of the candidate for the person to lodge the nomination form on the candidate's behalf.
(3)In the case of an election held during the prescribed period, the VEC may determine that either or both a nomination form and nomination fee may be submitted to the election manager by electronic means, if the VEC reasonably believes it is necessary to make the determination to address the serious public health risk posed by Novel coronavirus 2019 (2019-nCoV).
(4)Subregulation (3) applies despite anything to the contrary in these Regulations.
(5)The VEC must not make a determination under subregulation (3) less than 40 days before the election day.
(6)If the VEC makes a determination under subregulation (3), the VEC must publish notice of the determination in the Government Gazette and on the VEC's Internet site specifying both or either of the following, as the case requires—
(a)the means by which the nomination form may be submitted;
(b)the means by which the nomination fee may be paid.
(7)This regulation does not apply to an election to which section 15 of the City of Melbourne Act 2001 applies.
91Scrutineers
(1)During the prescribed period, despite regulation 31(7), the election manager may, under direction of the Electoral Commissioner, determine that a maximum number of scrutineers for each candidate may be present for any activity specified in regulation 31(6) at any one time to ensure compliance with any directions made under section 200 of the Public Health and Wellbeing Act 2008 to address the serious public health risk posed by Novel coronavirus 2019 (2019-nCoV).
(2)During the prescribed period, despite regulation 64(1), the election manager may, under direction of the Electoral Commissioner, determine that a maximum number of scrutineers for each candidate may be present for any activity specified in regulation 64(1)(a) and (b) at any one time to ensure compliance with any directions made under section 200 of the Public Health and Wellbeing Act 2008 to address the serious public health risk posed by Novel coronavirus 2019 (2019-nCoV).'.
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Endnotes
[1] Reg. 4: S.R. No. 30/2012 as amended by S.R. No. 97/2016.
[2] Reg. 39: S.R. No. 72/2020.
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