City of Melbourne (Electoral) Regulations 2012 (Vic)
Version No. 004
City of Melbourne (Electoral) Regulations 2012
S.R. No. 30/2012
Version incorporating amendments as at
25 April 2021
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
4Revocations
5Definitions
6Application
Part 2—Voters' rolls
Division 1—Enrolment of voters
7Interpretation
8Enrolment application by property owner
9Enrolment application by property occupier
10Application by person appointed by corporation
11Request to vary owner enrolment
12Request to vary occupier enrolment
13Resignation of corporation appointment
14Revocation of corporation appointment
Division 2—Silent voters
15Silent voter request
16Silent voter list
17Silent voter's details to be kept secure
Division 3—Form of voters' rolls
19Voters' roll
Part 3—Candidates
Division 1—Candidates—Lord Mayor and Deputy Lord Mayor
20Joint nominations for the offices of Lord Mayor and Deputy Lord Mayor
21Notice of withdrawal of candidature
21ARetirement of candidate—Lord Mayor and Deputy Lord Mayor
21BDeath of candidate—Lord Mayor and Deputy Lord Mayor
22Group name of Lord Mayor and Deputy Lord Mayor
Division 4—Candidate information
33Application and interpretation of Division
34Candidate information
35Joint statement—Lord Mayor and Deputy Lord Mayor
36Candidate statement—Ungrouped candidates
37Group statement
37AGroup voting tickets
37BJoint request for grouping of candidates
38Reference to other candidates
39Rejection and amendment of statements
40Indication of preferences—Lord Mayor and Deputy Lord Mayor
41Indication of preferences—Ungrouped candidates
42Candidate information on the Internet
43Publication of candidate information
44Disclaimer on statements
Part 4—General election matters
45Form of ballot-paper—Lord Mayor and Deputy Lord Mayor
46Validity of ballot-paper—Lord Mayor and Deputy Lord Mayor
47Validity of ballot-paper—Councillors
Part 5—COVID-19 provisions
49Purpose of Part
50Definition
51Candidate nomination
Schedule
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 004
City of Melbourne (Electoral) Regulations 2012
S.R. No. 30/2012
Version incorporating amendments as at
25 April 2021
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to make provision for elections conducted under the City of Melbourne Act 2001; and
(b)to apply, with modifications, the Local Government (Electoral) Regulations 2020 to elections conducted under the City of Melbourne Act 2001.
2Authorising provisions
These Regulations are made under section 243 of the Local Government Act 1989 and section 29 of the City of Melbourne Act 2001.
3Commencement
These Regulations come into operation on 8 May 2012.
4Revocations
The following Regulations are revoked—
(a)the City of Melbourne (Elections) Regulations 2001[1];
(b)the City of Melbourne (Elections) Amendment Regulations 2008[2].
5Definitions
In these Regulations—
authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;
candidate information means—
(a)in relation to candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor, joint statements, photographs and indications of preferences;
(b)in relation to a candidate for the office of Councillor who is a member of a group and in relation to the ward or municipal district for which the voter is entitled to vote, group statements, photographs of group members and one or more group voting tickets;
(c)in relation to a candidate for the office of Councillor who is not a member of a group and in relation to the ward or municipal district for which the voter is entitled to vote, candidate statements, photographs and indications of preferences;
* * * * *
candidate statement means the statement and any photograph lodged by a candidate in accordance with regulation 36;
Councillor means a Councillor referred to in section 6(1)(c) of the City of Melbourne Act 2001;
election official means a person appointed as election manager or election official under regulation 21(1) of the Local Government (Electoral) Regulations 2020;
group means 2 or more candidates for Councillor who make a valid request under clause 3 of Schedule 1 to the City of Melbourne Act 2001 for their names to be grouped on the ballot-paper;
group statement means a statement lodged under regulation 37;
group voting ticket means a group voting ticket registered under clause 6 of Schedule 1 to the City of Melbourne Act 2001;
indication of preferences means a document containing an indication of the preferred order of voting of—
(a)a candidate; or
(b)a pair of candidates for the office of Lord Mayor and Deputy Lord Mayor;
joint statement means a statement lodged under regulation 35;
postal ballot envelope means an envelope that complies with the requirements set out in regulation 49 of the Local Government (Electoral) Regulations 2020;
registered officer has the same meaning as in section 44 of the Electoral Act 2002;
registered political party has the same meaning as in section 3 of the Electoral Act 2002;
silent voter means—
(a)a voter whose request to be a silent voter has been granted under section 10(4) of the City of Melbourne Act 2001;
(b)an elector whose address is not shown on the relevant Roll under the Commonwealth Electoral Act 1918; or
(c)a silent elector within the meaning of the Electoral Act 2002.
* * * * *
6Application
If an Order in Council made under section 6B of the City of Melbourne Act 2001 is in force in relation to an election of Councillors—
(a)the Local Government (Electoral) Regulations 2020 apply to that election; and
(b)these Regulations do not apply to that election.
Part 2—Voters' rolls
Division 1—Enrolment of voters
7Interpretation
In this Division—
(a)a reference to the corporation details of a corporation means the following—
(i)the corporation's name;
(ii)the ACN of the corporation;
(iii)the registered address of the corporation;
(b)a reference to the personal details of a person means the following—
(i)the person's full name;
(ii)the person's date of birth;
(iii)the person's residential address;
(iv)the person's postal address.
8Enrolment application by property owner
For the purposes of section 9(2)(b) of the City of Melbourne Act 2001, an application by an owner of any rateable property in the municipal district who is entitled under section 9B(1) of that Act to apply to be enrolled must be in writing and include the following details—
(a)the address of the relevant rateable property;
(b)the personal details of the person making the application;
(c)if the property is jointly owned, the names of all the other joint owners of the relevant rateable property;
(d)a declaration signed and dated by that person that the person—
(i)is an owner of the rateable property for which he or she is applying to be enrolled; and
(ii)would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled; and
(iii)is a resident of the municipal district.
9Enrolment application by property occupier
For the purposes of section 9(2)(b) of the City of Melbourne Act 2001, an application by an occupier of any rateable property in the municipal district who is entitled under section 9B(1) of that Act to apply to be enrolled must be in writing and include the following details—
(a)the address of the relevant rateable property;
(b)the personal details of the person making the application;
(c)the name of the property owner, if known;
(d)a declaration signed and dated by that person that the person—
(i)is an occupier of the rateable property for which he or she is applying to be enrolled; and
(ii)would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled; and
(iii)is a resident of the municipal district.
10Application by person appointed by corporation
For the purposes of section 9(2)(b) of the City of Melbourne Act 2001, an application by 2 people appointed to vote on behalf of a corporation or the joint owners or joint occupiers of any rateable property in the municipal district under section 9C(1) of that Act must be in writing and include the following details—
(a)the address of the relevant rateable property;
(b)the personal details of each person appointed under section 9C(1);
(c)the corporation details of the corporation making the application;
(d)a declaration signed and dated by each person appointed that—
(i)the person consents to the appointment; and
(ii)the person would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled; and
(iii)the corporation is an owner or joint owner or occupier or joint occupier of the rateable property (as the case may be); and
(iv)each person named on the application as an appointee is a company secretary, public officer or director of the corporation (as the case may be) and is appointed a voting representative of the corporation.
11Request to vary owner enrolment
A written request made by an owner or 2 owners of a rateable property for the purposes of section 9F(2) or (3) of the City of Melbourne Act 2001 must contain the following details—
(a)the address of the relevant rateable property;
(b)the names of all owners of the rateable property;
(c)the name of each owner to be removed from the voters' roll;
(d)the personal details of each owner requested to be enrolled on the voters' roll;
(e)a declaration signed and dated by each owner requesting to be enrolled stating that he or she—
(i)is an owner of the rateable property; and
(ii)is not a resident of the municipal district; and
(iii)would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled;
(f)the signed and dated authorisation of at least one joint owner of the property who is not requesting to be enrolled in relation to the property.
12Request to vary occupier enrolment
A written request made by an occupier or 2 occupiers of a rateable property for the purposes of section 9F(2) or (3) of the City of Melbourne Act 2001 must contain the following details—
(a)the address of the relevant rateable property;
(b)the names of all occupiers of the rateable property;
(c)the name of each occupier to be removed from the voters' roll;
(d)the personal details of each occupier requested to be enrolled on the voters' roll;
(e)a declaration signed and dated by each occupier requesting to be enrolled stating that he or she—
(i)is an occupier of the rateable property; and
(ii)is not a resident of the municipal district; and
(iii)would not be an elector in respect of an address in the municipal district if a roll of electors for the Legislative Assembly were compiled;
(f)the signed and dated authorisation of at least one joint occupier of the property who is not requesting to be enrolled in relation to the property.
13Resignation of corporation appointment
A notice of resignation under section 9G(2)(a)(iii) of the City of Melbourne Act 2001 must be in writing and include the following details—
(a)the personal details of the person resigning his or her appointment;
(b)the corporation details of the corporation that the person was appointed to represent;
(c)a declaration signed and dated by the person that he or she resigns the appointment.
14Revocation of corporation appointment
A notice of revocation under section 9G(2)(b) of the City of Melbourne Act 2001 must be in writing and include the following details—
(a)the corporation details of the corporation revoking the appointment;
(b)the name of the person whose appointment is to be revoked;
(c)a declaration signed and dated by the person authorised to make the notice of revocation on behalf of the corporation which includes a statement that the appointment of the person referred to in paragraph (b) is revoked.
Division 2—Silent voters
15Silent voter request
For the purposes of section 10(1) of the City of Melbourne Act 2001, the prescribed form is Form 1 in the Schedule.
16Silent voter list
(1)The Chief Executive Officer must maintain a list of silent voters whose request to be a silent voter has been granted under section 10(4) of the City of Melbourne Act2001.
(2)A person may be removed from the list of silent voters after the close of the roll if—
(a)the person is no longer entitled to be enrolled under section 9A(3), 9A(5), 9B or 9C of the City of Melbourne Act 2001 on the voters' roll; or
(b)the person has requested in writing no longer to be listed as a silent voter.
17Silent voter's details to be kept secure
(1)The Chief Executive Officer must ensure that only persons authorised by him or her have access to—
(a)the address of a silent voter whose request to be a silent voter has been granted under section 10(4) of the City of Melbourne Act 2001; or
(b)the information contained in a request made under section 10(1) of the City of Melbourne Act 2001.
(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.
* * * * *
Division 3—Form of voters' rolls
19Voters' roll
(1)For the purposes of section 11D(2) of the City of Melbourne Act 2001, the following particulars are prescribed—
(a)if the municipal district is divided into wards, the name of the relevant ward;
(b)the date of the election for which the roll has been prepared;
(c)the surname and other name or names of each voter;
(d)except in the case of a silent voter—
(i)the address in respect of which the voter is entitled to be enrolled on the roll; and
(ii)if the voter has a different postal address, that postal address.
* * * * *
(3)The voters' roll must not include—
(a)the address of a silent voter; or
(b)the date of birth of a voter.
Part 3—Candidates
Division 1—Candidates—Lord Mayor and Deputy Lord Mayor
20Joint 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 specifying the date on which the candidate completed that 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.
21Notice 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.
21ARetirement 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.
22Group name of Lord Mayor and Deputy Lord Mayor
(1)A pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor may make a joint request that their names appear on the ballot-paper together with a group name.
(2)The request must—
(a)be in writing and must be signed by the candidates; and
(b)be delivered to the election manager before noon on the 2nd day after nomination day.
(3)A request under this regulation must also specify the group name under which the candidates wish to appear.
(3A)A request must be lodged—
(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or
(b)if the election manager has advised candidates that the request is to be received at another place, at that other place; or
(c)by electronic communication in accordance with any conditions determined by the election manager.
(4)Clause 4(2), (3), (4), (5) and (6) of Schedule 1 to the City of Melbourne Act 2001 apply to a request made under this regulation.
* * * * *
* * * * *
* * * * *
Division 4—Candidate information
33Application and interpretation of Division
* * * * *
(2)In this Division, a reference to another candidate includes a reference to a particular candidate, a pair of candidates or a group or a class of candidate by name or description.
34Candidate 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.
35Joint statement—Lord Mayor and Deputy Lord Mayor
(1)A pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor may lodge with the election manager a joint statement for inclusion in the postal ballot envelope.
(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)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)A joint statement must be accompanied by a declaration signed and dated by both candidates which states—
"We declare that our joint statement is true and correct, that it does not contain any matter that may mislead or deceive a voter in the casting of his or her vote and that we are aware we may be liable to prosecution if our joint statement contains matter that may mislead or deceive a voter in the casting of his or her vote".
(5)A joint statement must be lodged with the election manager before noon on the 4th day after nomination day.
(6)A joint statement must be lodged—
(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or
(b)if the election manager has advised candidates that joint statements are to be received at another place, at that other place; or
(c)by electronic communication in accordance with any conditions determined by the election manager.
(7)A joint statement may only be lodged by either candidate or by a person authorised in writing by one or both candidates.
(8)If a joint statement is lodged by a person authorised by one or both candidates, the signed and dated authorisation must be lodged together with the joint statement.
36Candidate statement—Ungrouped candidates
(1)A candidate for the office of Councillor who is not a member of a group may lodge with the election manager a candidate statement for inclusion in the postal ballot envelope.
(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)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)A candidate statement must be accompanied by a signed and dated declaration by the candidate which states—
"I declare that my candidate statement is true and correct, that it does not contain any matter that may mislead or deceive a voter in the casting of his or her vote and that I am aware I may be liable to prosecution if my candidate statement contains matter that may mislead or deceive a voter in the casting of his or her vote".
(5)A candidate statement must be lodged with the election manager before noon on the 4th day after nomination day.
(6)A candidate statement must be lodged—
(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or
(b)if the election manager has advised candidates that candidate statements are to be received at another place, at that other place; or
(c)by electronic communication in accordance with any conditions determined by the election manager.
(7)A candidate statement may only be lodged by the candidate or by a person authorised in writing by the candidate.
(8)If a candidate statement is lodged by a person authorised by the candidate, the signed and dated authorisation must be lodged together with the candidate statement.
37Group statement
(1)A group may lodge with the election manager a group statement for inclusion in the postal ballot envelope.
(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)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)A group statement must be accompanied by a signed and dated declaration by the person referred to in subregulation (5) which states—
"We declare that our group statement is true and correct, that it does not contain any matter that may mislead or deceive a voter in the casting of his or her vote and that we are aware we may be liable to prosecution if our group statement contains matter that may mislead or deceive a voter in the casting of his or her vote.".
(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.
(6)A group statement must be lodged—
(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or
(b)if the election manager has advised candidates that group statements are to be received at another place, at that other place; or
(c)by electronic communication in accordance with any conditions determined by the election manager.
37AGroup voting tickets
A group voting ticket must be lodged—
(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or
(b)if the election manager has advised candidates that group voting tickets are to be received at another place, at that other place; or
(c)by electronic communication in accordance with any conditions determined by the election manager.
37BJoint request for grouping of candidates
For the purposes of clause 3 of Schedule 1 to the City of Melbourne Act 2001, a joint request made by 2 or more candidates that their names be grouped on a ballot-paper must be lodged—
(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or
(b)if the election manager has advised candidates that the joint request is to be received at another place, at that other place; or
(c)by electronic communication in accordance with any conditions determined by the election manager.
38Reference to other candidates
(1)A joint statement, candidate statement or group statement must not include the following—
(a)a reference to another candidate standing for an election in the City of Melbourne without the written consent of that other candidate;
(b)unless subregulation (2) applies, a claim of endorsement or support from a party, organisation or person.
(2)A joint statement, candidate statement or group statement may include a claim of endorsement or support from a party, organisation or person if, at the time of lodging the statement under regulation 35, 36 or 37 (as the case may be), a document was lodged containing the written consent of the party, organisation or person to include the claim of endorsement or support on the statement.
(3)The election manager may specify formatting limitations that will apply to the publication of joint statements, candidate statements or group statements and may alter the format of submitted statements to comply with those limitations.
39Rejection and amendment of statements
(1)The election manager must reject a joint statement, candidate statement or group statement if—
(a)in the opinion of the election manager, the statement contains any of the following—
(i)material that is offensive or obscene;
(ii)material that is likely to mislead or deceive a voter in the casting of the voter's vote;
(iii)a reference to another candidate that has been included without the written consent of that candidate;
(iv)a claim of endorsement or support from a party, organisation or person that has not been supported by the written consent referred to in regulation 38(2);
(v)material that is in breach of an Act or regulation; or
(b)the declaration required under regulation 35(4), 36(4) or 37(4) (as the case may be) is absent or not in the form set out in that regulation.
(2)If the election manager rejects a joint statement, candidate statement or group statement under subregulation (1), the election manager may so advise—
(a)in the case of a joint statement, either of the candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor; or
(b)in the case of a candidate statement, the candidate; or
(c)in the case of a group statement, any member of the group—
and allow that person to resubmit the statement up until noon on the day following the last day for lodgement of the statement under this Division.
(3)A person who submits a statement under subregulation (2) may only amend the section or sections of the statement that need to be amended for it to be accepted.
(4)The election manager must keep a record of all amendments made to a joint statement, candidate statement or group statement.
40Indication of preferences—Lord Mayor and Deputy Lord Mayor
(1)A pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor may lodge with the election manager an indication of preferences for inclusion in the postal ballot envelope.
(2)An indication of preferences must be lodged—
(a)with the election manager no later than noon on the 4th day after nomination day; and
(b)by either candidate or by a person authorised in writing by one or both candidates.
(2A)An indication of preferences must be lodged—
(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or
(b)if the election manager has advised candidates that joint statements are to be received at another place, at that other place; or
(c)by electronic communication in accordance with conditions determined by the election manager.
(3)An indication of preferences must—
(a)be in the form of a ballot-paper and identify each pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor and the order in which they appear on the ballot-paper;
(b)place a number 1, 2, 3, 4 (and so on as the case requires) in the squares opposite the names of all the pairs of candidates so as to indicate the candidates' order of preference for them.
(4)The election manager must reject an indication of preferences that does not comply with this regulation.
41Indication of preferences—Ungrouped candidates
(1)A candidate for the office of Councillor who is not a member of a group or a person authorised in writing by such a candidate may lodge with the election manager an indication of preferences for inclusion in the postal ballot envelope.
(2)An indication of preferences must be lodged with the election manager no later than noon on the 4th day after nomination day.
(2A)An indication of preferences must be lodged—
(a)at the place or places that nominations are received under regulation 22(2)(a) of the Local Government (Electoral) Regulations 2020; or
(b)if the election manager has advised candidates that candidate statements are to be received at another place, at that other place; or
(c)by electronic communication in accordance with conditions determined by the election manager.
(3)An indication of preferences must—
(a)be in the form of a ballot-paper and identify each candidate for the office of Councillor and the order in which they appear on the ballot-paper;
(b)place a number 1, 2, 3, 4 (and so on as the case requires) in the squares opposite the names of all the candidates so as to indicate the candidate's order of preference for them.
(4)The election manager must reject an indication of preferences that does not comply with this regulation.
42Candidate information on the Internet
As soon as practicable after a candidate's candidate information is accepted by the election manager, the election manager must ensure that it is published in accordance with regulation 43 on an Internet site maintained by or on behalf of the election manager that is not the Internet site of the Council and may publish it in printed form in accordance with regulation 43.
43Publication of candidate information
(1)This regulation applies to the publication of candidate information by the election manager in printed form or on an Internet site.
(2)The election manager must not publish a joint statement, candidate statement or group statement—
(a)that has been rejected under regulation 39; or
(b)that has been resubmitted under regulation 39 but still fails to satisfy the requirements of regulation 39.
(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)In the case of a candidate statement, the election manager must only publish the first 300 words of the candidate statement.
(5)The election manager must not publish an indication of preferences if the indication of preferences has been rejected by the election manager under these Regulations.
(6)The election manager must not publish a group voting ticket if it has not been registered under clause 6 of Schedule 1 to the City of Melbourne Act 2001.
(7)If a candidate has not lodged his or her candidate information, or a group of candidates or pair of candidates standing jointly for Lord Mayor and Deputy Lord Mayor has not lodged their candidate information, or any part of that candidate information that may be published under these Regulations, the election manager must publish a notice stating that the candidate, group or pair of candidates (as the case may be) has not provided the candidate information.
(8)A notice under subregulation (7) must be published in place of the relevant candidate information of the candidate to whom the notice relates.
(9)Candidate information and any notice under subregulation (7) must be published in the order in which the candidates appear on the ballot-paper and clearly identify the relevant candidate in each case.
44Disclaimer on statements
The election manager must ensure that on any Internet site or printed form where a joint statement, candidate statement or group statement is published, the following disclaimer is prominently displayed—
"The contents of candidate information are provided by the candidates. Any enquiries about candidate information should be directed to the relevant candidate. Candidate statements are not verified or endorsed by the election manager.".
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Part 4—General election matters
45Form of ballot-paper—Lord Mayor and Deputy Lord Mayor
A ballot-paper for the election of the Lord Mayor and the Deputy Lord Mayor must include the following details—
(a)with respect to each pair of candidates—
(i)the names of the candidates;
(ii)which candidate is seeking election as Lord Mayor and which candidate is seeking election as Deputy Lord Mayor;
(iii)if a valid request was made under regulation 22, the group name of the candidates;
(b)a box opposite the names of each pair of candidates;
(c)instructions to the voter on how to mark the voter's ballot-paper, being instructions in the form of words or a statement to the following effect—
"Number the boxes 1 to [2, 3, 4, 5…as the case may be] in the order of your choice. Number every box to make your vote count.".
46Validity of ballot-paper—Lord Mayor and Deputy Lord Mayor
(1)A ballot-paper for the election of Lord Mayor and Deputy Lord Mayor is taken to be valid and must be counted in an election if it is—
(a)issued by an election official in accordance with these Regulations; and
(b)completed in accordance with this regulation; and
(c)lodged in accordance with these Regulations.
(2)A voter must mark the voter's vote on the ballot-paper by placing—
(a)the number 1 opposite the name of the pair of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor for whom the voter votes as first preference; and
(b)contingent votes for all the remaining pairs of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor by placing the 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 pairs of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor, the requirements of subregulation (2) are sufficiently complied with in the case of any ballot-paper marked with the number 1 opposite the name of only one pair of candidates to indicate the voter's first preference.
(4)If there are more than 2 pairs of candidates standing jointly for the office of Lord Mayor and Deputy Lord Mayor, the requirements of subregulation (2) 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 pairs of candidates on the ballot-paper except one.
(5)Despite subregulation (2) a ballot-paper is not invalid by reason only that any or all of the figures have not been placed in the squares.
47Validity of ballot-paper—Councillors
(1)A ballot-paper in relation to an election of Councillors is taken to be valid and must be counted in an election if it is—
(a)issued by an election official in accordance with these Regulations; and
(b)completed in accordance with this regulation; and
(c)lodged in accordance with these Regulations.
(2)A voter must mark the voter's vote on the ballot‑paper by placing—
(a)the number 1 opposite the name of the candidate for whom the voter votes as first preference; and
(b)contingent votes for all the remaining candidates by placing the 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 subregulation (2) 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 voter's first preference.
(4)If there are more than 2 candidates, the requirements of subregulation (2) 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)Despite subregulation (2) a ballot-paper is not invalid by reason only that any or all of the figures have not been placed in the squares.
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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 2022.
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 communication, 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.
Schedule
FORM 1
Regulation 15
SILENT VOTER REQUEST FORM
City of Melbourne Act 2001
Section 10
A person must use this form to lodge a request with the Chief Executive Officer that the person's address not be shown on any voters' roll.
| General Details | |
| Address of rateable property for which you are enrolled to vote: | |
| Details of person making request: | |
| Surname: | |
| Given names: | |
| Date of birth: | |
| Address for correspondence: | |
| Particulars of the risk to yourself or your family: | |
| I request that my address not be shown on the voters' roll for the Melbourne City Council. Having my residential address shown on a voters' roll would place the personal safety of myself or members of my family at risk for the reasons described on this form and as declared on the statutory declaration accompanying this form. | |
| Signature of voter: | |
| Date: | |
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The City of Melbourne (Electoral) Regulations 2012, S.R. No. 30/2012 were made on 8 May 2012 by the Governor in Council under section 243 of the Local Government Act 1989, No. 11/1989 and section 29 of the City of Melbourne Act 2001, No. 5/2001 and came into operation on 8 May 2012: regulation 3.
The City of Melbourne (Electoral) Regulations 2012 will sunset 10 years after the day of making on 8 May 2022 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the City of Melbourne (Electoral) Regulations 2012 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
City of Melbourne (Electoral) Amendment Regulations 2016, S.R. No. 97/2016
Date of Making: 2.8.16 Date of Commencement: Regs 5–33 on 7.8.16: reg. 3
City of Melbourne (Electoral) and Local Government (Electoral) Amendment Regulations 2020, S.R. No. 92/2020
Date of Making: 1.9.20 Date of Commencement: Regs 5–38 on 2.9.20: reg. 3
City of Melbourne (Electoral) Amendment Regulations 2021, S.R. No. 34/2021
Date of Making: 20.4.21 Date of Commencement: 25.4.21: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
[1] Reg. 4(a): S.R. No. 39/2001 as amended by S.R. Nos 98/2005 and 70/2008.
[2] Reg. 4(b): S.R. No. 70/2008.
[3] Reg. 41(3)(b): The amendment to regulation 41(3)(b) by regulation 26(3)(b)(ii) of the City of Melbourne (Electoral) Amendment Regulations 2016, S.R. No. 97/2016 is not included in this publication because "candidates'" does not appear in regulation 41(3)(b).
Regulation 26(3)(b)(ii) reads as follows:
26Indication of preferences—Ungrouped candidates
(3)In regulation 41(3) of the Principal Regulations—
(b)in paragraph (b)—
(ii)after "candidates'" insert "order of".
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