Constitution (Parliamentary Reform) Act 2003 (Vic)
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2
PART 2—AMENDMENT OF THE CONSTITUTION ACT 1975 4 Division 1—Fixed 4 year term 4
3. Dissolution of the Assembly 4 4. New section 8A inserted—Dissolution of Assembly after a no confidence motion 4
8A. Dissolution of Assembly after a no confidence motion 4
5. Section 28 substituted—Duration of the Council 5
28. Duration of the Council 5
6. Section 38 substituted—Duration of the Assembly 6
38. Duration of Assembly 6 38A. Date of general election 6
7. Consequential amendments 7 Division 2—Proportional Representation and Other Reform of the
Council 8
8. Sections 26 and 27 substituted 8
26. Number of members of the Council 8 27. Division of Victoria into 8 regions 8 9. New section 27A inserted—Filling of casual vacancies in the
Council 9
27A. Filling of casual vacancies in the Council 9 10.
New section 29A inserted 11
29A. Title of members 11 11.
Deliberative vote of the President 11
Division 3—Improving the Relationship Between the Houses 12 12. New section 16A inserted—The principle of Government
mandate 12
16A. The principle of Government mandate 12
i
Section Page
13. Section 62 substituted—Appropriation Bills 12
62. Appropriation Bills 12
14. Section 65 substituted—Annual Appropriation Bills 13
65. Annual Appropriation Bills 13
15. New Division 9A inserted 15 Division 9A—Provisions Relating to Disputes concerning Bills 15
65A. Definitions 15 65B. Dispute Resolution Committee 16 65C. Dispute Resolution 17 65D. Consideration of Dispute Resolution by Assembly and Council 18 65E. Provisions applying if dispute not resolved 19 65F. Provisions applying to Deadlocked Bills 19 65G. Joint Sitting 21
16. Consequential amendment 22
Division 4—Strengthening the Constitution 23 17. Amendment of section 18—Power for Parliament to alter the
Constitution Act 1975 23 18.
Amendment of Constitution Act 1975—Local Government 26 19.
New Part VA inserted—Special Provisions 27 PART VA—SPECIAL PROVISIONS 27
94E. Independence of the Ombudsman 27 94F. Independence of the Electoral Commissioner 28 94G. Electoral Boundaries 29 94H. Access to information 30
PART 3—AMENDMENTS TO THE ELECTORAL ACT 2002 31 Division 1—Referendums 31
20. Amendment of Electoral Act 2002 31 PART 9A—REFERENDUMS 31
177A. Purpose of this Part 31 177B. Application of provisions relating to elections 31
177C. Distribution of arguments for and against Bill to electors 33 177D.
Issue of writ 36 177E.
Copy of Bill or statement 36 177F.
Duties of Commission on receipt of writ 37 177G.
Electors who are entitled to vote 37 177H.
Voting to be by ballot 37 177I.
Form of ballot-papers 38 177J.
Rejection of ballot-paper 38 177K.
Declaration of the result 38
ii
Section Page
21. Consequential amendment 39 22. New Schedules inserted 39 SCHEDULE 3—Form of writ for a referendum 39 SCHEDULE 4—Form of ballot-paper for a referendum 40
Division 2—Other Amendments 41
23. Definitions 41 24. Election managers and election officials 41 25. Provision of enrolment information 42 26. Writs and voting centres 42 27. Nomination of candidates for Council elections 44 28. Council elections 45
69A. Grouping of candidates for Council elections 45 69B. Group voting tickets 47
29. Failed elections 51 30. When election is required 51 31. Group voting tickets to be displayed 51
73A. Group voting tickets to be displayed 51
32. Ballot-papers for the Assembly and the Council 52 33. Scrutineers 53 34. How-to-vote cards 53 35. Voting in Assembly elections 55 36. Voting in Council elections 56
93A. How votes to be marked by elector in Council election 56
37. Rejection of ballot-papers 57 38. Formal Council ballot-papers 57
112A. Certain Council ballot-papers with non-consecutive
numbers to be formal 57 112B. Council ballot-papers deemed to be marked according to
group voting tickets 58
39. Ascertaining votes for Assembly candidates 62 40. Ascertaining votes for Council candidates 63
114A. Procedure for ascertaining number of votes for Council
candidates 63
41. Form of writ 71 SCHEDULE 1—Form of writ 71 42. Form of ballot-paper for the Council 72 SCHEDULE 1A—Form of ballot-paper for the council 72 43. Form of ballot-paper for the Assembly 73
iii
Section Page PART 4—CONSEQUENTIAL AMENDMENTS 74 Division 1—Transitional Provisions 74
44. New sections 18 and 19 and Schedule inserted 74
18. Establishment of first regions 74 19. Interim regions if early election required 75 SCHEDULE—Regions 77
Division 2—Miscellaneous Amendments 78
45. Electoral Boundaries Commission Act 1982 78 46. Section 14 of the Electoral Boundaries Commission Act 1982 substituted 79
14. Commencement of region divisions 79 47. Section 16 of the Electoral Boundaries Commission Act 1982
substituted 80
16. Effect of division upon choosing person to fill Council
vacancy 80 48. Further amendment to the Electoral Boundaries Commission
Act 1982 80 49.
Constitution Act 1975 80 50.
University of Ballarat Act 1993 81 51.
Geographic Place Names Act 1998 81
═══════════════
ENDNOTES 82
iv
Victoria
No. 2 of 2003
Constitution (Parliamentary Reform)
Act 2003†
[Assented to 8 April 2003]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to reform the Parliament of Victoria based on recommendations made by the Constitution Commission Victoria by—
(a)
providing for a fixed 4 year term Parliament unless the Assembly is dissolved sooner;
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 2 | Part 1—Preliminary |
(b) re-constituting the Legislative Council to consist of 40 members elected from 8 regions each returning 5 members; (c) providing for the election of members of the Legislative Council by using a proportional representation system with optional preferential voting;
(d) providing for the filling of casual vacancies in the Legislative Council by a joint sitting of the Legislative Council and the Legislative Assembly;
(e) providing that the President of the Legislative Council has a deliberative vote but not a casting vote; (f) recognising the principle of Government mandate; (g) removing the power of the Legislative Council to block the Annual Appropriation Bill; (h) enacting a procedure to deal with disputes concerning Bills between the Legislative Assembly and the Legislative Council; (i) providing for the entrenchment of certain legislative provisions.
2. Commencement
(1) This Part comes into operation on the day on which this Act receives the Royal Assent.
(2) Subject to sub-section (4), Divisions 1, 3 and 4 of
Part 2, Division 1 of Part 3 and Division 1 of proclaimed.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 1—Preliminary s. 2 (3) Division 2 of Part 2, Division 2 of Part 3 and
Division 2 of Part 4 come into operation on the day of the dissolution or other lawful determination of the Legislative Assembly next occurring after the day on which this Act receives the Royal Assent.
(4) If a provision referred to in sub-section (2) does
not come into operation before 1 January 2004, it
comes into operation on that day.
__________________
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 3 | Part 2—Amendment of the Constitution Act 1975 |
PART 2—AMENDMENT OF THE CONSTITUTION ACT 1975
Division 1—Fixed 4 year term
3. Dissolution of the Assembly
See:
| Act No. | For sections 8(3) to 8(6) of the Constitution Act |
| 8750. | 1975 substitute— |
| Reprint No. 15 | |
| as at | "(3) The Governor may not dissolve the |
| 1 September |
2002. Assembly (including the Assembly last
| LawToday: | elected before the Constitution | |
| dpc.vic. | (Parliamentary Reform) Act 2003 receives | |
| gov.au | the Royal Assent) unless— |
(a) the Assembly is dissolved in accordance with section 8A; or (b) the Premier has given advice to the Governor under section 65E(2) to dissolve the Assembly.". 4. New section 8A inserted—Dissolution of Assembly after a no confidence motion
After section 8 of the Constitution Act 1975 insert—
"8A. Dissolution of Assembly after a no confidence motion
(1) The Assembly may be dissolved if—
(a) a motion of no confidence in the Premier and the other Ministers of State for the State of Victoria is passed by the Assembly; and (b) during the period commencing on the day of the passage of the motion of no confidence and ending 8 clear days after that day, the Assembly has not passed a motion of confidence in the
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 5 then Premier and the other Ministers of
State for the State of Victoria.
(2) Notice of a proposed motion of no
confidence under sub-section (1)(a) must be
given at least 3 clear days before it is moved.
(3) After a motion of no confidence under sub- section (1)(a) is passed, unless a motion of confidence is passed under sub-section
(1)(b), the Assembly may not be—
(a) prorogued before the end of the period specified in sub-section (1)(b); or (b) adjourned for a period extending beyond the end of the period specified in sub-section (1)(b).". 5. Section 28 substituted—Duration of the Council For section 28 of the Constitution Act 1975 substitute—
"28. Duration of the Council
(1) The Council which is in existence
immediately before the Constitution
(Parliamentary Reform) Act 2003 receives
the Royal Assent shall exist and continue
until the dissolution or other lawful
determination of the Assembly last elected
before that Royal Assent is received.
(2) The Council (other than the Council to which
sub-section (1) applies) shall exist and
continue until the dissolution or other lawful
determination of the Assembly.".
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 6 | Part 2—Amendment of the Constitution Act 1975 |
6. Section 38 substituted—Duration of the Assembly
For section 38 of the Constitution Act 1975 substitute—
"38. Duration of Assembly
(1) Subject to sub-section (2), the Assembly last
(Parliamentary Reform) Act 2003 receives
the Royal Assent and each subsequentelected before the Constitution is 25 days before the last Saturday in November which is nearest to the fourth anniversary of the election day on which it was elected. (2) If the previous Assembly is dissolved, the subsequent Assembly shall expire on the Tuesday which is 25 days before the last Saturday in November which is nearest to
the last anniversary of the election day on which it was elected that occurs not more than 4 years after it was elected.
38A. Date of general election
(1) The writs issued under the Electoral Act
2002 for a general election of the Assembly
and Council must name as the election day—
(a)
if the previous Assembly expired, the last Saturday in November nearest to the fourth anniversary of the election day on which the previous Assembly was elected or if section 38(2) applies,
the Saturday referred to in that section;
or(b)
if the previous Assembly was dissolved, a Saturday within the period that starts 15 days after the final nomination day and ends 30 days after the final nomination day.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 7 (2) Despite sub-section (1)(a), in exceptional
circumstances, on the recommendation of the Premier with the agreement of the Leader of Her Majesty's Opposition, the Governor may postpone the election day under sub-section
(1)(a) to another Saturday as nearest as possible to the fourth anniversary of the election day on which the previous
Assembly was elected or to another Saturday
as nearest as possible to the Saturday
referred to in section 38(2) as the case maybe.".
7. Consequential amendments
(1) Sections 2(4), 2(5), 4(1), 4(2), 66, 67 and 68 of the
Constitution Act 1975 are repealed.
(2) In section 5 of the Constitution Act 1975—
(a)
in the definition of "general election" after "members of the" insert "Council and";
(b)
the definition of "periodical election" is repealed.
(3) In section 24(5) of the Constitution Act 1975—
(a)
for "either House" substitute "the Assembly";
(b)
for "that House" (where first occurring) substitute "a House".
(4) In section 24(6) of the Constitution Act 1975—
(a)
for "either House" substitute "the Assembly";
(b)
for "that House" (where first occurring) substitute "a House".
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 8 | Part 2—Amendment of the Constitution Act 1975 |
Division 2—Proportional Representation and Other Reform
of the Council
8. Sections 26 and 27 substituted
For sections 26 and 27 of the Constitution Act
1975 substitute—
"26. Number of members of the Council
(1) This section and section 27 apply in respect
of the first Council to be elected after the
Constitution (Parliamentary Reform) Act
2003 receives the Royal Assent and each
subsequent Council.
(2) The Council is to consist of 40 members who
are to be representatives of, and elected by,
the electors of the respective regions.
27. Division of Victoria into 8 regions
(1) The State of Victoria is to be divided into
8 regions each of which is to return
5 members to the Council.
(2) Each region must—
(a) consist of 11 districts; and
(b) have a boundary that is contiguous with the boundaries of the districts that constitute the region. (3) The Electoral Boundaries Commission must
in accordance with the Electoral
Boundaries Commission Act 1982—
(a) divide the State of Victoria into regions; and (b) publish the name and boundaries of Gazette.".
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 9 9. New section 27A inserted—Filling of casual vacancies in the Council
After section 27 of the Constitution Act 1975 insert—
"27A. Filling of casual vacancies in the Council
(1) Subject to this section, if a casual vacancy
occurs in the seat of a member of the
Council, a person must be chosen to occupy
the vacant seat by a joint sitting of the
Council and the Assembly.
(2) A joint sitting of the Council and the
Assembly need not be held if the casual vacancy occurs 3 months or less before the day on which the seat would have become vacant due to the expiry of the Assembly.
(3) Sub-section (4) applies if a casual vacancy
occurs in the seat of a member of the Council
who was at the time that the member was
elected endorsed as a candidate in the
election by a registered political party the
name of which was printed adjacent to the
name of the candidate on the ballot-paper
under section 74 of the Electoral Act 2002.
(4) If this sub-section applies, the joint sitting of the Council and the Assembly must choose a member of the registered political party
referred to in sub-section (3) nominated by
that registered political party if the registered
political party nominates a member of the
registered political party for the vacancy who
would otherwise be qualified to be elected a
member of the Council.(5) If sub-section (4) does not apply, the joint
sitting of the Council and the Assembly must
choose a person who—
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 9 | Part 2—Amendment of the Constitution Act 1975 |
(a)
would otherwise be qualified to be elected as a member of the Council and has resided in the region to which the vacancy relates for a period of not less than 12 months immediately before the joint sitting; and
(b)
has not been a member of a political party at any time during the period of 5 years immediately before the joint sitting.
(6) Subject to sub-section (7), the joint sitting of
the Council and the Assembly is to be conducted in accordance with the rules adopted by the members present at the joint
sitting.(7) At the joint sitting of the Council and the Assembly—
(a) the members have the same privileges and immunities as the members of the Assembly in relation to proceedings before that House;
(b) a question—
(i) other than a question to which sub-paragraph (ii) applies, is to be decided by a majority of the votes cast by the members present at the joint sitting;
(ii) for the purpose of sub-section (5) is to be decided by a special majority being 3/5ths of the whole number of members of both the Council and the Assembly present at the joint sitting;
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 10
(c)
in the event of an equality of votes on a question, the question is to be taken to have been determined in the negative.".
10. New section 29A inserted
After section 29 of the Constitution Act 1975 insert—
'29A. Title of members
(1) A member of the Council who is not the President or a member of the Executive Council is not entitled to be styled "The Honourable".
(2) Nothing in sub-section (1) affects any
privilege or right of a person who ceased to
be a member of the Council before the
commencement of section 10 of the
Constitution (Parliamentary Reform) Act
2003 to be styled "The Honourable". '.
11. Deliberative vote of the President
(1) In section 32(1) of the Constitution Act 1975 for "exclusive" substitute "inclusive".
(2) For section 32(2) of the Constitution Act 1975
substitute—
"(2) Subject to sub-section (2A) and section 18, all questions arising in the Council shall be determined by a majority of the members
present including the President.
(2A) The President has a deliberative vote but not
a casting vote.".
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 12 | Part 2—Amendment of the Constitution Act 1975 |
Division 3—Improving the Relationship Between the Houses
12. New section 16A inserted—The principle of Government mandate
After section 16 of the Constitution Act 1975 insert—
"16A. The principle of Government mandate
(1) It is the intention of the Parliament that regard should be given to the following principle—
The Council as a House of Review will exercise its powers in recognition of the right and obligation of the current
Government to implement—
(a) mandate—the policies, promises
and initiatives which were
the Government's specific of the Government during the last election campaign; and
(b) the Government's general
mandate—to govern for and on
behalf of the people of Victoria.
(2) The principle in sub-section (1) is not to be
construed as limiting the powers of the
Council, the Assembly or the Parliament.".
13. Section 62 substituted—Appropriation Bills
For section 62 of the Constitution Act 1975 substitute—
"62. Appropriation Bills
(1) A Bill for appropriating any part of the
Consolidated Fund or for imposing any duty,
rate, tax, rent, return or impost must
originate in the Assembly.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 14 (2) Subject to section 65, a Bill for appropriating
any part of the Consolidated Fund or for
imposing any duty, rate, tax, rent, return or
impost may be rejected but not altered by the
Council.".
14. Section 65 substituted—Annual Appropriation Bills
For section 65 of the Constitution Act 1975 substitute—
'65. Annual Appropriation Bills
(1) In this section "Annual Appropriation
annual appropriation of the Consolidated
Fund for the ordinary annual services of theBill" means a Bill which deals only with the does not include a Bill to appropriate money for appropriations for or relating to the Parliament.
(2) For the purposes of sub-section (1),
"ordinary annual services" includes—
(a) the construction or acquisition of public works, land or buildings; and (b) the construction or acquisition of plant or equipment which normally would be regarded as involving an expenditure of capital; and (c) services proposed to be provided by the Government which have not formerly been provided by the Government. (3) An Annual Appropriation Bill must deal only with appropriation.
(4) Sub-section (5) applies if an Annual
Appropriation Bill is passed by the by the Assembly—
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 14 | Part 2—Amendment of the Constitution Act 1975 |
(a) the Council rejects or fails to pass it; or
(b) with a message suggesting any
the Council returns it to the Assembly does not agree.
(5) If this sub-section applies, the Annual
Appropriation Bill, with any amendments suggested by the Council and made by the Assembly, must be presented to the
Governor for Her Majesty's Assent and becomes an Act of Parliament on the Royal Assent being signified notwithstanding that the Council has not passed the Bill.
(6) The words of enactment for an Annual
Appropriation Bill that is to be presented to the Governor for Her Majesty's Assent under sub-section (5) are to be altered to "Her Majesty and the Legislative Assembly in accordance with section 65(5) of the Constitution Act 1975 enact as follows:".
(7) There is to be endorsed on the Annual
Appropriation Bill when it is presented to the Governor for Her Majesty's Assent under sub-section (5), the certificate of the Speaker signed by the Speaker that the Bill is a Bill to which section 65(5) of the Constitution Act 1975 applies and has been passed in accordance with that section.
(8) The certificate of the Speaker under this
section is conclusive evidence for all
purposes and cannot be questioned in any
court.
(9) The alteration of an Annual Appropriation
Bill to give effect to sub-section (6) is not to be taken to be an amendment of the Bill.'.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 15 15. New Division 9A inserted
After section 65 of the Constitution Act 1975 insert—
'Division 9A—Provisions Relating to Disputes
concerning Bills
65A. Definitions
(1) In this Division—
"Deadlocked Bill" means a Disputed Bill to
which section 65C(3) or 65D(1)
applies;
"Dispute Resolution" means a resolution
reached by the Dispute Resolution
Committee recommending to the
Assembly and the Council that the
Disputed Bill specified in the
resolution—
(a) be passed as transmitted by the amendment; or
(b) be passed with the amendment or resolution; or
(c) not be passed;
"Dispute Resolution Committee" means
the Committee established under
section 65B;
"Disputed Bill" means a Bill which has
transmitted to and received by the
passed the Assembly and having been the end of the session has not been passed by the Council within 2 months after the Bill is so transmitted, either
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 15 | Part 2—Amendment of the Constitution Act 1975 |
without amendment or with such
amendments only as may be agreed toby both the Assembly and the Council.
(2) For the purposes of this Division, any
omission or amendment suggested by the Council in accordance with section 64 is deemed to be an amendment made by the Council.
(3) This Division does not apply to an Annual
Appropriation Bill within the meaning of section 65.
65B. Dispute Resolution Committee
(1) A Dispute Resolution Committee is to be
established as soon as conveniently
practicable after the commencement of each
Parliament.
(2) The Dispute Resolution Committee holds
office for the Parliament during which it is
appointed until the dissolution or other
lawful determination of the Assembly.
(3) The Dispute Resolution Committee is to consist of 12 members of whom—
(a) 7 are to be members of, and appointed by, the Assembly; and (b) 5 are to be members of, and appointed by, the Council. (4) When appointing members under sub-section (3), each House of the Parliament must take into account the political composition of that House.
(5) The Dispute Resolution Committee cannot
meet until both the Assembly and the Council have made the appointments referred to in sub-section (3).
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 15 (6) A member of the Dispute Resolution
Committee is to be appointed by the Dispute
Resolution Committee as the Chair.
(7) Each member of the Dispute Resolution Committee is entitled to 1 vote.
(8) In the event of an equality of votes, the Chair also has a casting vote.
(9) The Dispute Resolution Committee—
(a) must meet in private; and
(b)
subject to this Division, may determine the rules to be adopted for the conduct of meetings.
65C. Dispute Resolution
(1) The Dispute Resolution Committee must
seek to reach a Dispute Resolution on a
Disputed Bill within 30 days after the
Disputed Bill is referred to the Dispute
Resolution Committee by a resolution of the
Assembly.
(2) If the Dispute Resolution Committee reaches a Dispute Resolution, a copy of the Dispute Resolution must be tabled in the Assembly and the Council on the first sitting day of that
House after the Dispute Resolution has been reached.
(3) If the Dispute Resolution Committee—
(a) cannot reach a Dispute Resolution; or
(b)
cannot meet or fails to meet for any reason—
the Disputed Bill becomes a Deadlocked
Bill.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 15 | Part 2—Amendment of the Constitution Act 1975 |
65D. Consideration of Dispute Resolution by Assembly and Council
(1) If either the Assembly or the Council fails
to give effect to the Dispute Resolution
within the period of 30 days or the period of
10 sitting days (whichever period is longer)
after the tabling of the Dispute Resolution in
that House, the Disputed Bill becomes a
Deadlocked Bill.
(2) For the purposes of sub-section (1), the
Assembly or the Council fails to give effect to the Dispute Resolution—
(a)
if the Dispute Resolution provided that the Disputed Bill be passed by the Council as transmitted by the Assembly to the Council without amendment, and the Council does not pass the Bill without amendment;
(b)
if the Dispute Resolution provided that the Disputed Bill be passed with the amendment or amendments specified in the Dispute Resolution, and the Assembly or the Council does not pass the Bill with the specified amendment or amendments;
(c)
if the Dispute Resolution provided that the Disputed Bill not be passed, and the Assembly or the Council resolves not to accept the Dispute Resolution.
(3) If the Assembly or the Council has, in
applies, given effect to a Dispute Resolution,
it is only lawful to present the Bill to therelation to a Bill to which section 18(1B) has been approved by the majority of electors voting at a referendum.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 15 (4) If the Assembly or the Council has, in
relation to a Bill to which section 18(2) or 18(2AA) applies, given effect to a Dispute Resolution, it is only lawful to present the Bill to the Governor for Her Majesty's assent
if the third reading of the Bill was passed by a special majority or an absolute majority, as the case may be.
65E. Provisions applying if dispute not resolved
(1) This section applies in the case of a Deadlocked Bill.
(2) The Premier may advise the Governor in
writing that the Assembly be dissolved as a
result of this section applying to the
Deadlocked Bill specified in the advice.
(3) There is to be attached to the advice under
sub-section (2) a copy of the Deadlocked Bill
endorsed with the certificate of the Speaker
signed by the Speaker that the Bill is a Bill to
which section 65E of the Constitution Act
1975 applies.
(4) The certificate of the Speaker under this
section is conclusive evidence for all
purposes and cannot be questioned in any
court.
(5) If the Premier does not give advice under
sub-section (2), the Deadlocked Bill may be re-introduced in the Assembly in accordance with section 65F.
65F. Provisions applying to Deadlocked Bills
(1) This section applies if during the existence of
the Assembly first elected after the previous Assembly has been dissolved under section 65E(2) or otherwise dissolved or lawfully
determined, a Deadlocked Bill from the
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 15 | Part 2—Amendment of the Constitution Act 1975 |
previous Assembly is again introduced in the
Assembly.(2) For the purposes of this section, a
Deadlocked Bill may be introduced in the
Assembly in the form in which—
(a) it was introduced in the previous Assembly; or (b) it was passed by the previous Assembly Council; or
(c) it is consistent with the Dispute Resolution reached in respect of the Deadlocked Bill. (3) If a Bill introduced in accordance with this section again becomes a Disputed Bill, the Premier may advise the Governor in writing
to convene a joint sitting of the Assembly
and the Council.(4) There is to be attached to the advice under sub-section (3) a copy of the Disputed Bill endorsed with the certificate of the Speaker signed by the Speaker that the Bill is a Bill to
which section 65F(3) of the Constitution
Act 1975 applies.(5) The certificate of the Speaker under this
section is conclusive evidence for all
purposes and cannot be questioned in any
court.
(6) A joint sitting of the Assembly and the
Council convened in accordance with this section may consider all the Bills that are Disputed Bills in accordance with this
section.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 15 65G. Joint Sitting
(1) A joint sitting of the Assembly and the
Council convened in accordance with section 65F must consider a Disputed Bill to which that section applies in the form in which it was last passed by the Assembly and transmitted to the Council.
(2) Subject to sub-section (3), the joint sitting of
the Assembly and the Council is to be conducted in accordance with the rules adopted by the members present at the joint
sitting.
(3) At the joint sitting of the Assembly and the
Council—
(a) the members have the same privileges and immunities as the members of the Assembly in relation to proceedings before that House;
(b)
subject to sub-section (4), a question is to be decided by a majority of the votes cast by the members present at the joint sitting;
(c)
in the event of an equality of votes on a question, the question is to be taken to have been determined in the negative.
(4) If an absolute majority of the total number of
the members of the Assembly and the Council passes the third reading of the Disputed Bill with or without any
amendments at the joint sitting of the is to be taken to have been duly passed by both Houses of the Parliament, whether or not it is a Bill to which section 18(2) or 18(2AA) applies.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 16 | Part 2—Amendment of the Constitution Act 1975 |
(5) Subject to sub-sections (6) and (7), a Bill
be presented to the Governor for Her
Majesty's Assent and becomes an Act ofpassed in accordance with this section must signified. (6) If a Bill to which section 18(1B) applies is
passed in accordance with this section, it
must be submitted to a referendum.
(7) A Bill that is referred to in sub-section (6)
and that is approved by the majority of electors voting at a referendum must be presented to the Governor for Her Majesty's
assent and becomes an Act of Parliament on
the Royal Assent being signified.(8) There is to be endorsed on the Bill when it is presented to the Governor for Her Majesty's Assent under sub-section (5) or (7), the
certificate of the Speaker signed by the Speaker that the Bill is a Bill to which section 65G of the Constitution Act 1975
applies and has been passed in accordance
with that section.(9) The certificate of the Speaker under this
section is conclusive evidence for all
purposes and cannot be questioned in any
court.
(10) If a Bill is passed in accordance with this
section, the Bill is deemed for all purposes to
be a Bill that has been passed by the
Assembly and the Council.'.
16. Consequential amendment
In the Heading to Division 9 of Part II of the
Constitution Act 1975 omit "and
Disagreements between the Houses".
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 17 Division 4—Strengthening the Constitution
17. Amendment of section 18—Power for Parliament to alter the Constitution Act 1975
(1) In section 18(1) of the Constitution Act 1975, for "sub-section (2)" substitute "this section,".
(2) For section 18(2) of the Constitution Act 1975
substitute—
'(1A) In this section—
"referendum" means a referendum
conducted in accordance with Part 9A
of the Electoral Act 2002;
"special majority" means 3/5ths of the
whole number of the members of the
Assembly and of the Council
respectively.
(1B) It shall not be lawful to present to the
Governor for Her Majesty's assent any Bill by which—
(a)
this sub-section or sub-section (1A), (1BA), (1C) or (3); or
(b)
Subdivision 1 of Division 5 of Part II; or
(c)
Subdivision 2 of Division 5 of Part II; or
(d)
Subdivision 1 of Division 6 of Part II; or
(e)
Subdivision 2 of Division 6 of Part II; or
(f)
Subdivision 3 of Division 6 of Part II; or
(g) section 41; or
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 17 | Part 2—Amendment of the Constitution Act 1975 |
(h) Division 9 of Part II; or
(i) Division 9A of Part II; or
(j) Part IIA; or
(k) section 75(1); or
(l) Part IIIA; or
(m) Part IV; or
(n) Division 3 of Part V; or
(o) Part VA; or
(p) any provision substituted for any to (o)—
may be repealed, altered or varied unless the the Council and approved by the majority of the electors voting at a referendum.
(1BA) For the purposes of sub-section (1B), a provision of a Bill is not to be taken to repeal, alter or vary Part IIA unless the Bill
expressly refers to that Part in, or in relation
to, that provision and expressly, and not
merely by implication, states an intention to
repeal, alter or vary Part IIA.
(1C) A Bill to which sub-section (1B) applies
must be submitted to a referendum on a day
not sooner than 59 days after the Bill has
been passed by the Assembly and the
Council.
(2) It shall not be lawful to present to the
Governor for Her Majesty's assent any Bill by which—
(a) Part I; or
(b)
Division 1 of Part II (other than section 18); or
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 17 (c) this sub-section or sub-section (4); or
(d)
Subdivision 1 of Division 7 of Part II; or
(e)
Subdivision 2 of Division 7 of Part II; or
(f) Section 61A; or
(g) any provision substituted for any to (f)—
may be repealed, altered or varied unless the
third reading of the Bill is passed by aspecial majority.
(2AA) It shall not be lawful to present to the
Governor for Her Majesty's assent any Bill by which—
(a) this sub-section or sub-section (2A) or (5); or (b) Part III (other than section 75(1) or 85); or (c) any provision substituted for any or (b)—
may be repealed, altered or varied unless the
third reading of the Bill is passed by an
absolute majority.'.
(3) In section 18(2A) of the Constitution Act 1975 before "the Bill" insert "the third reading of".
(4) For sections 18(3) and 18(4) of the Constitution Act 1975 substitute—
"(3) Any Bill dealing with any of the matters
specified in sub-section (1B) which has not been approved in accordance with that sub- section is void.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 18 | Part 2—Amendment of the Constitution Act 1975 |
(4) Any Bill dealing with any of the matters
specified in sub-section (2) which has not been passed in accordance with that sub- section is void.
(5) Any Bill dealing with any of the matters
specified in sub-section (2AA) which has not
been passed in accordance with that sub-
section is void.".
18. Amendment of Constitution Act 1975—Local Government
For section 74A(1) of the Constitution Act 1975 substitute—
"(1) Local government is a distinct and essential
tier of government consisting of
democratically elected Councils having the
functions and powers that the Parliament
considers are necessary to ensure the peace,
order and good government of each
municipal district.
(1A) Subject to section 74B, each Council—
(a) is responsible for the governance of the area designated by its municipal boundaries; and (b) is constituted by democratically elected which is—
(i) accountable for its decisions and actions; and
(ii) responsible for ensuring good
governance; and
(c) includes an administration which—
(i) implements the decisions of the Council; and
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 19
(ii) facilitates the performance of the Council.".
19. New Part VA inserted—Special Provisions
After Part V of the Constitution Act 1975 insert—
"PART VA—SPECIAL PROVISIONS
94E. Independence of the Ombudsman
(1) The Ombudsman appointed in accordance
with the Ombudsman Act 1973 is an independent officer of the Parliament.
(2) The functions, powers, rights, immunities and obligations of the Ombudsman are as specified in this section, the Ombudsman Act 1973 and other laws of the State.
(3) There are no implied functions, powers, rights, immunities or obligations arising from the Ombudsman being an independent
officer of the Parliament.
(4) The powers of the Parliament to act in
relation to the Ombudsman are as specified
in the Ombudsman Act 1973.
(5) There are no implied powers of the
Parliament arising from the Ombudsman
being an independent officer of theParliament.
(6) Subject to this section, the Ombudsman Act
1973 and other laws of the State, the performance or exercise of his or her functions or powers.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 19 | Part 2—Amendment of the Constitution Act 1975 |
(7) The Ombudsman is not to be removed or
suspended from office except in accordance with the provisions of sections 3 and 4 of the Ombudsman Act 1973 as in force
immediately before the commencement of
section 19 of the Constitution
(Parliamentary Reform) Act 2003 or
provisions substituted for those sectionswhich have the same effect.
94F. Independence of the Electoral
Commissioner
(1) The Electoral Commissioner appointed in accordance with the Electoral Act 2002 is an independent officer of the Parliament.
(2) The functions, powers, rights, immunities
and obligations of the Electoral section, the Electoral Act 2002 and other laws of the State. (3) There are no implied functions, powers, rights, immunities or obligations arising from the Electoral Commissioner being an
independent officer of the Parliament. (4) The powers of the Parliament to act in
relation to the Electoral Commissioner are as
specified in the Electoral Act 2002.
(5) There are no implied powers of the
Parliament arising from the Electoral
Commissioner being an independent officer
of the Parliament.(6) Subject to this section, the Electoral Act
2002 and other laws of the State, the
Electoral Commissioner has complete
discretion in the performance or exercise of
his or her functions or powers.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 2—Amendment of the Constitution Act 1975 s. 19 (7) The Electoral Commissioner is not to be
removed or suspended from office except in
accordance with the provisions of sections
12 and 14 of the Electoral Act 2002 as in
force immediately before the commencement
of section 19 of the Constitution
(Parliamentary Reform) Act 2003 or
provisions substituted for those sections
which have the same effect.
94G. Electoral Boundaries
There is to be in force at all times as part of the laws of Victoria an Act that provides for—
(a) Boundaries Commission as specified in
section 3 of the Electoral Boundaries
Commission Act 1982 as in force
immediately before the commencement
of section 19 of the Constitution
(Parliamentary Reform) Act 2003 orthe constitution of an Electoral which have the same effect; and
(b) to have the function specified in
section 5 of the Electoral Boundaries
Commission Act 1982 as in force
immediately after the commencement
of section 45 of the Constitution
(Parliamentary Reform) Act 2003 orthe Electoral Boundaries Commission which have the same effect; and
(c)
the Electoral Boundaries Commission to perform the function referred to in paragraph (b) in accordance with the factors specified in section 5 of the
Electoral Boundaries Commission
Act 1982 as in force immediately after
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 19 | Part 2—Amendment of the Constitution Act 1975 |
the commencement of section 45 of the Constitution (Parliamentary Reform) Act 2003 or provisions substituted for
that section 5 which have the same
effect.
94H. Access to information
There is to be in force at all times as part of the laws of Victoria an Act the objectives and functions of which are to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information by creating a general right of access to information in documentary form in the possession of Ministers and agencies limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by agencies.".
__________________
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 20
PART 3—AMENDMENTS TO THE ELECTORAL ACT 2002
Division 1—Referendums
20. Amendment of Electoral Act 2002
After Part 9 of the Electoral Act 2002 insert—
'PART 9A—REFERENDUMS
177A. Purpose of this Part
The purpose of this Part is to provide for the conduct of referendums for the purpose of section 18 of the Constitution Act 1975.
177B. Application of provisions relating to
elections
(1) Subject to this Part, the provisions of this
Act and the regulations made under this Act apply so far as they are applicable to and in respect of a referendum as if it were an
election.(2) Without limiting sub-section (1), for the purposes of the conduct of a referendum—
(a)
a reference to a writ is to be construed as a reference to a writ for a referendum;
(b)
a reference to the election day is to be construed as a reference to the day fixed by the writ for a referendum for the taking of votes on the referendum;
(c)
a reference to an election is to be construed as a reference to a referendum;
(d)
a reference to electoral matter or electoral papers is to be construed as a
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 20 | Part 3—Amendments to the Electoral Act 2002 |
reference to corresponding electoral
matter or electoral papers in relation toa referendum;
(e)
a reference to a ballot-paper, ballot material, ballot-box or other thing is to be construed as a reference to a ballot- paper, ballot material, ballot-box or corresponding thing in relation to a referendum;
(f)
a reference to a how-to-vote card is to be construed as a reference to a corresponding how-to-vote card in relation to a referendum and as if—
(i) paragraph (b) of the definition of were omitted; and
(ii) appointed for the taking of votes
on a referendum is not on an
election day for an election, the
reference to "final nomination
day" were a reference to a day
fixed and publicly advertised byin section 77(1)(a), if the day of this paragraph;
(g)
a reference to disputing the validity of an election is to be construed as a reference to disputing the validity of a referendum.
(3) For the purposes of a referendum—
(a) appropriate persons as election
the Commission may appoint the necessary arrangements for the taking of the votes of electors in each electoral district;
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 20
(b) a ballot-paper must not be rejected as informal except in accordance with this Part; (c) the vote of an elector must be marked on the ballot-paper in the manner directed by this Part. (4) For the purposes of a referendum, if the day
appointed for the taking of votes on a
referendum is the same as the election day
for an election, an application by an elector
to vote early under section 99 cannot be
made before the day after the final
nomination day for the election.
(5) For the purposes of a referendum, if the day
appointed for the taking of votes on a
referendum is not on an election day for an
election, an application by an elector to vote
early under section 99 may be made on the
days and during the hours fixed and publicly
advertised by the Commission for the
purposes of this sub-section.
(6) Part 12 does not apply in respect of a
referendum.
177C. Distribution of arguments for and against
Bill to electors
(1) This section applies if—
(a)
a Bill to which section 18(1B) of the Constitution Act 1975 applies is to be submitted to the electors; and
(b)
not later than 28 days before the day appointed for the taking of votes on the referendum there is forwarded to the Commission—
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 20 | Part 3—Amendments to the Electoral Act 2002 |
(i) an argument in favour of the Bill, consisting of not more than 2000 words, authorised by a majority of
those members of the Parliament who voted for the Bill and desire to forward such an argument; or
(ii) consisting of not more than 2000
words, authorised by a majority of
those members of the Parliament
who voted against the Bill andan argument against the Bill, argument.
(2) Unless the Premier informs the Commission that the referendum is not to be held, the Commission must, not later than 14 days before the day appointed for the taking of votes on the referendum, cause to be printed
and to be posted to each elector as nearly as
practicable, a pamphlet containing the
arguments together with a statement setting
out the text of the Bill and the text of the
particular provisions of any Act proposed to
be textually altered by the Bill and the
textual alterations proposed to be made
therein.(3) If there are to be referendums upon more than one Bill on the same day—
(a)
the arguments in relation to all the Bills must be printed in one pamphlet; and
(b)
the argument in favour of any Bill may exceed 2000 words if the arguments in favour of all the Bills do not average
more than 2000 words each and the
argument against any Bill may exceed
2000 words if the arguments against all
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 20 Bills do not average more than 2000 words each; and
(c) there may be one statement setting out all the textual alterations proposed to be made, with marginal notes identifying the proposed Bill by which each alteration or addition is proposed to be made. (4) The State must not expend money in respect of the presentation of the argument in favour of, or argument against, a Bill, except in
relation to—
(a) the preparation, printing and posting, in accordance with this section, of the pamphlets referred to in this section; or (b) the preparation, by or on behalf of the Commission, of translations into other languages of material contained in those pamphlets; or
(c) Commission, of presentations of
material contained in those pamphletsthe preparation, by or on behalf of the impaired; or
(d) behalf of the Commission, of those
pamphlets, translations or presentationsthe distribution or publication, by or on or
(e)
the provision by the Commission of other information relating to, or relating to the effect of, the Bill; or
(f)
the salaries and allowances of members of the Parliament, of members of staff of members of the Parliament or of persons who are employed under the
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 20 | Part 3—Amendments to the Electoral Act 2002 |
Public Sector Management and
Employment Act 1998.
177D. Issue of writ
(1) If a Bill is to be submitted to a referendum,
the Governor must issue a writ for the
referendum.
(2) A writ issued under this section must be—
(a)
in or to the effect of the form in Schedule 3; and
(b) directed to the Commission; and
(c) returnable to the Governor on a day within 21 days after the day for the taking of votes on the referendum appointed and named in the writ.
(3) The day appointed for the taking of votes on the referendum must be—
(a) a Saturday; and
(b)
not sooner than the 33rd day after the day on which the writ is issued.
177E. Copy of Bill or statement
The Governor must cause to be attached to the writ—
(a)
a copy of the Bill as passed by the Assembly and the Council; or
(b)
a statement setting out the text of the Bill as passed by the Assembly and the Council and the text of the particular provisions of any Act proposed to be textually altered by the Bill and the textual alterations proposed to be made therein.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 20 177F. Duties of Commission on receipt of writ If a writ for a referendum is received by the
Commission under section 177D, theCommission must—
(a)
endorse on the writ the date of its receipt; and
(b) publicly advertise—
(i) receipt of the writ; and
(ii) the day for the taking of votes on the referendum; and
(iii) the Short Title of the Bill which is to be submitted to the referendum; and
(c) if the Premier has requested the Commission to do so, publicly advertise a copy of the Bill or of the statement attached to the writ.
177G. Electors who are entitled to vote
A person is entitled to vote at a referendum if, were the referendum an election, the person would be entitled under section 87 to vote at the election.
177H. Voting to be by ballot
(1) The voting at a referendum must be by
ballot.
(2) Each elector must mark the elector's vote on the ballot-paper—
(a)
if the elector approves of the Bill, by writing the word "YES" in the space provided; or
(b)
if the elector does not approve of the Bill, by writing the word "NO" in the space provided.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 20 | Part 3—Amendments to the Electoral Act 2002 |
| 177I. Form of ballot-papers |
The form of the ballot-papers to be used at
a referendum must be in the form ofSchedule 4.
177J. Rejection of ballot-paper
Despite anything to the contrary in this Act, a ballot-paper used at a referendum must be rejected as informal if—
(a) it has no vote marked on it; or
(b) the elector's vote is not clear; or
(c) it has more than one vote marked on it.
177K. Declaration of the result
(1) After the completion of the count of votes,
the Commission must publicly declare as regards each electoral district and for the whole State—
(a) the number of votes given in favour of the Bill; (b) the number of votes given not in favour of the Bill; (c) the number of ballot-papers rejected as informal. (2) The Commission must publicly advertise the result of the referendum.
(3) The Commission must—
(a) endorse on the writ a statement section (1); and
(b) return the writ to the Governor.'.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 21 21. Consequential amendment
In section 8(1) of the Electoral Act 2002, after
"elections" insert "and referendums".
22. New Schedules inserted
After Schedule 2 to the Electoral Act 2002 insert—
'SCHEDULE 3
FORM OF WRIT FOR A REFERENDUM
STATE OF VICTORIA
To the Victorian Electoral Commission
I request that you cause a Bill entitled [here set out the Short Title of the Bill and add "a copy of which is attached" or "a statement of which is attached"] to be submitted, according to law to the electors of Victoria.
I appoint the following dates for the purposes of the referendum.
1. For the close of the roll the day of 20 .
2. For the taking of votes of the electors the day of 20 .
3. For the return of the writ on or before the day of 20 .[here insert the Governor's title] at [here insert place] the day of 20 .
Signature
_______________
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 22 | Part 3—Amendments to the Electoral Act 2002 |
SCHEDULE 4
FORM OF BALLOT-PAPER FOR A REFERENDUM
ELECTORAL DISTRICT OF
REFERENDUM ON PROPOSED BILL
Directions to Voter the space provided opposite the question set out below. If you disapprove of the proposed Bill, write "NO" in the space provided opposite the question set out below.
[HERE INSERT THE SHORT TITLE OF THE BILL]
DO YOU APPROVE OF THIS BILL?
Fold the ballot-paper and put it in the ballot-box or declaration envelope, as appropriate.
__________________'.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 23
Division 2—Other Amendments
23. Definitions
In section 3 of the Electoral Act 2002—
(a) in the definition of "by-election"—
(i) omit "or the Council";
(ii) omit "or Council";
(b) in the definition of "election", in "general";
(c) the definition of "province" is repealed;
(d)
the definition of "simultaneous election" is repealed;
(e) insert the following definitions—
' "Council election" means an election atwhich all the members of the Council
have to be elected;
"general election" means an election at
which all the members of the Assembly
and all the members of the Council
have to be elected;
"region" means electoral region;'.
24. Election managers and election officials
In section 18 of the Electoral Act 2002—
(a)
in sub-sections (6) and (7), for "province" substitute "region";
(b) in sub-section (8)—
(i) for "simultaneous" substitute
"general";(ii) for "province in so far as any part of any province" substitute "region in so far as any part of any region";
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 25 | Part 3—Amendments to the Electoral Act 2002 |
(iii) in paragraph (b), for "province" (where twice occurring) substitute "region";
(c)
in sub-section (9), for "province" substitute "region".
25. Provision of enrolment information
In section 33 of the Electoral Act 2002—
(a)
in sub-section (2), for "province" substitute "region";
(b) in sub-section (4)—
(i) for "province" (wherever occurring)
substitute "region";(ii) for "dissolution of the second Assembly after the member has been elected" substitute "Assembly is dissolved";
(c)
in sub-section (5), in paragraphs (a) and (b), for "province" (where twice occurring) substitute "region".
26. Writs and voting centres
(1) For section 61(1) of the Electoral Act 2002
substitute—
"(1) A writ for a general election must be issued by the Governor—
(a)
in the case of the expiration of the Assembly, on the day on which the Assembly expires; or
(b)
in the case of the dissolution of the Assembly, within 7 days after the dissolution.".
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 26 (2) For section 61(2) of the Electoral Act 2002
substitute—
"(2) A writ for a by-election for the election of a member of the Assembly must be issued by the Speaker within one month after the
occurrence of the vacancy.".
(3) In section 61(3) of the Electoral Act 2002 omit "or President".
(4) In section 62 of the Electoral Act 2002, for
"Council must" substitute "choosing of a person to fill the vacancy occurring in the Council under section 27A of the Constitution Act 1975 must".
(5) In section 63(3) of the Electoral Act 2002, for "3"
substitute "7".
(6) For section 63(5) of the Electoral Act 2002 substitute—
"(5) Subject to sub-section (6), the final
nomination day must be—
(a) in the case of the expiration of the Assembly, 10 days after the expiration; or (b) in the case of the dissolution of the Assembly, a day within the period that— (i) starts 10 days after the date of the writ; and
(ii) ends 28 days after the date of the writ.".
(7) For section 63(7) of the Electoral Act 2002 substitute—
"(7) The election day must be—
(a)
unless paragraph (c) applies, if the previous Assembly expired, the last
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 27 | Part 3—Amendments to the Electoral Act 2002 |
Saturday in November nearest to the fourth anniversary of the election day on which the previous Assembly was elected or the Saturday referred to in section 38(2) of the Constitution Act
1975 as the case may be; or
(b) if the previous Assembly was dissolved, a Saturday within the period that starts 15 days after the final nomination day and ends 30 days after the final nomination day; or (c) if section 38A(2) of the Constitution Act 1975 applies, the Saturday to which the election day is postponed in accordance with that section.". (8) In section 65(1)(c) of the Electoral Act 2002, for "province" substitute "region".
27. Nomination of candidates for Council elections
(1) After section 69(2)(a) of the Electoral Act 2002
insert—
"(aa) in the case of a candidate for a Council
election, specifies the suburb or locality in
which is located the address in respect of
which the candidate is enrolled; and".
(2) After section 69(3)(a) of the Electoral Act 2002
insert—
"(aa) in the case of a candidate for a Council
election, specifies the suburb or locality in
which is located the address in respect of
which the candidate is enrolled; and".
(3) For section 69(4) of the Electoral Act 2002
substitute—
"(4) There must be delivered with a nomination form referred to in sub-section (2) or (3) the sum of $350 paid in cash or by cheque drawn
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 28 on account of an authorised deposit-taking
institution within the meaning of theCommonwealth Banking Act 1959.".
28. Council elections
After section 69 of the Electoral Act 2002 insert—
"69A. Grouping of candidates for Council
elections
(1) Two or more candidates for a Council
election who are not endorsed by a registered
political party may make a joint request to
the Commission that—
(a) their names be grouped on the ballot- papers; or (b) their names be grouped on the ballot- papers in a specified order. (2) If 2 or more candidates for a Council
election are endorsed by a registered political
party, the registered officer of the registered
political party may make a request to the
Commission that—
(a) the candidates' names be grouped on the ballot-papers; or (b) the candidates' names be grouped on the ballot-papers in a specified order. (3) If 2 or more candidates for a Council
election are endorsed by different registered
political parties, the registered officers of
each registered political party may make a
joint request to the Commission that—
(a)
the candidates' names be grouped on the ballot-papers; or
(b)
the candidates' names be grouped on the ballot-papers in a specified order.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 28 | Part 3—Amendments to the Electoral Act 2002 |
(4) A request under sub-section (1), (2) or (3)
must—
(a) be in writing; and
(b)
in the case of a request under sub- section (1), be signed by each candidate; and
(c)
in the case of a request under sub- section (2), be signed by the registered officer of the registered political party; and
(d)
in the case of a request under sub- section (3), be signed by the registered officers of each registered political party; and
(e)
be delivered to the Commission before noon of the day before the final nomination day.
(5) If the request is made under sub-section (2),
the request may include a further request that the name of the registered political party that endorsed all the candidates be printed
beneath the square in relation to the group of
candidates on the ballot-papers.(6) If the request is made under sub-section (3),
the request may include a further request that
a composite name formed from the
registered political parties that endorsed the
candidates be printed beneath the square in
relation to the group of candidates on the
ballot-papers.
(7) A candidate's name may not be included in more than one group.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 28 69B. Group voting tickets (1) Candidates who made a joint request under
section 69A(1) may lodge with the
Commission a written statement that—
(a)
they wish voters in the Council election to indicate their preferences in relation to all candidates in the Council election in a specified order, being an order that gives preferences to the candidates lodging the statement before any other candidate; or
(b)
they wish voters in the Council election to indicate their preferences in relation to all candidates in the Council election in either of 2 specified orders, or any
one of 3 specified orders, being an
order that—
(i) give preferences to the candidates other candidate; and
(ii) give the preferences to the in the same order.
(2) The registered officer of a registered political
party who made a request under section
69A(2) may lodge with the Commission a
written statement that—
(a)
it is wished that voters in the Council election indicate their preferences in relation to all candidates in the Council
election in a specified order, being an
order that gives preferences to the
candidates on whose behalf the
statement is lodged before any other
candidate; or
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 28 | Part 3—Amendments to the Electoral Act 2002 |
(b) it is wished that voters in the Council election indicate their preferences in relation to all candidates in the Council election in either of 2 specified orders, or any one of 3 specified orders, being an order that—
(i) on whose behalf the statement is
give preferences to the candidates and
(ii) candidates on whose behalf the
give the preferences to the order.
(3) The registered officers of each registered
political party who made a joint request
under section 69A(3) may lodge with the
Commission a written statement that—
(a) it is wished that voters in the Council election indicate their preferences in relation to all candidates in the Council election in a specified order, being an
order that gives preferences to the
candidates on whose behalf the
statement is lodged before any other
candidate; or(b) it is wished that voters in the Council election indicate their preferences in relation to all candidates in the Council election in either of 2 specified orders, or any one of 3 specified orders, being an order that—
(i) on whose behalf the statement is
give preferences to the candidates and
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 28
(ii) candidates on whose behalf the
give the preferences to the order.
(4) Without limiting the generality of sub-
section (1)(a), (1)(b), (2)(a), (2)(b), (3)(a) or
(3)(b), a statement may specify an order of
preferences by setting out the names of all
candidates in the Council election in the
groups, and in the order, in which they
would be set out in a ballot-paper—
(a) with squares opposite to each name; and (b) with a number in each square showing that order of preferences. (5) If a statement in relation to a group of
candidates in a Council election is lodged in
accordance with this section, that group of
candidates must be taken to have a group
voting ticket or 2 or 3 group voting tickets,
as the case requires, registered for the
purposes of the Council election, being the
order of preferences or the orders of
preferences given in that statement.
(6) If a group voting ticket or 2 or 3 group
voting tickets are registered for the purposes
of a Council election—
(a)
the Commission must allocate a letter of the alphabet to the group; and
(b)
a square in relation to the group must be printed beneath the letter of the alphabet allocated to the group; and
(c)
if a request was made under section 69A(5), the name of the registered political party must be printed beneath the square in relation to the group; and
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 28 | Part 3—Amendments to the Electoral Act 2002 |
(d) if a request was made under section 69A(6), the composite name of the registered political parties must be printed beneath the square in relation to the group.
(7) A statement under sub-section (1), (2) or (3)
must be lodged with the Commission after
the election manager has determined the
order of the candidates and the groups on the
ballot-paper in accordance with section 74
and before noon on the second day after the
final nomination day.
(8) A statement lodged under sub-section (1), (2)
or (3) may, at any time before the period for lodging the statement expires, be amended, withdrawn or replaced by a written notice to
the Commission.(9) A statement under sub-section (1) or a written notice relating to that statement under sub-section (8) must be signed by—
(a) the candidate whose name first appears in the group on the ballot-paper; or (b) a person authorised by all the members of the group by written instrument given to the Commission with the nomination or nominations of members of the group, to sign such a statement on behalf of the group. (10) A statement under sub-section (2) or a written notice relating to that statement under sub-section (8) must be signed by the
registered officer of the registered political
party.
(11) A statement under sub-section (3) or a written notice relating to that statement under sub-section (8) must be signed by the
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 29 registered officers of the registered political
parties making the joint request.
(12) A statement lodged under sub-section (1)(b),
(2)(b) or (3)(b) must indicate the order in
which the voting tickets of the group are to
be displayed for the purposes of section
73A.".
29. Failed elections
In sections 72(1)(a) and 72(1)(b) of the Electoral
Act 2002, after "candidate" insert "for anAssembly election".
30. When election is required
For section 73(1) of the Electoral Act 2002 substitute—
"(1) An election must be held if—
(a)
there is more than one candidate for an election in a district; or
(b)
there are more than 5 candidates for an election in a region.".
31. Group voting tickets to be displayed
After section 73 of the Electoral Act 2002 insert—
"73A. Group voting tickets to be displayed
(1) If a group voting ticket is, or group voting tickets are, registered for the purposes of a Council election, the Commission must
cause the ticket or the tickets to be
prominently displayed at the election day
voting centre in a manner determined by the
Commission.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 32 | Part 3—Amendments to the Electoral Act 2002 |
(2) If a group has 2 or 3 group voting tickets, the
tickets relating to that group must be
displayed in the order indicated in the
statement lodged under section 69B(1)(b),
69B(2)(b) or 69B(3)(b).".
32. Ballot-papers for the Assembly and the Council
(1) In section 74(1) of the Electoral Act 2002, after "candidates" (where twice occurring) insert "or groups of candidates".
(2) In section 74(3) of the Electoral Act 2002, after
"printed" insert "to be used in an Assembly
election".
(3) After section 74(3) of the Electoral Act 2002
insert—
"(3A) The Commission must cause ballot-papers to be printed to be used in a Council election with the names of all the candidates at the election and of no other persons, in the form
of Schedule 1A and in the order determined
by the election manager.
(3B) In printing the ballot-papers to be used in a Council election—
(a)
the names of candidates in respect of whom a request under section 69A was made must be printed in groups in accordance with the request and before the names of candidates who have not made such a request; and
(b)
the suburb or locality in which is located the address in respect of which each candidate is enrolled as specified in each candidate's nomination form in accordance with section 69(2)(aa) must be printed adjacent to the name of the relevant candidate; and
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 33
(c)
if a request was made under section 69A(5), the name of the registered political party that endorsed the candidates must be printed beneath the square in relation to the group; and
(d)
if a request was made under section 69A(6), the composite name formed from the registered political parties that
endorsed the candidates must be printed
beneath the square in relation to the
group.".
33. Scrutineers
In section 76 of the Electoral Act 2002—
(a)
in sub-section (1), for "province" substitute "region";
(b)
in sub-section (2), for "and 114" substitute ", 114 and 114A".
34. How-to-vote cards
(1) In section 77(4) of the Electoral Act 2002—
(a)
in paragraph (b), before "that the how-to- vote card" insert "in the case of a how-vote- card to be used for an Assembly election,";
(b) after paragraph (b) insert—
"(ba) in the case of a how-to-vote card to be
used for a Council election, that the
how-to-vote card—
(i) indicates a voting preference for one group in relation to which a square is printed on the ballot-
paper under section 69B; or
(ii) indicates the order of voting preference for all candidates whose names are printed opposite
squares on the ballot-paper; or
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 34 | Part 3—Amendments to the Electoral Act 2002 |
(iii) contains a statement to the effect that—
(A) the number 1 must be placed
in the square in relation to
the group for which the
elector votes as firstpreference; or
(B) the number 1 must be placed
opposite the name of the candidate for whom the elector votes as first
preference and at least the
numbers 2, 3, 4 and 5
opposite the names of the
remaining candidates so as to
indicate by unbroken
numerical sequence the order
of preference of contingentvotes;".
(2) In section 79(4) of the Electoral Act 2002—
(a) in paragraph (b), before "that the how-to- vote card" insert "in the case of a how-to- vote card to be used for an Assembly election,";
(b) after paragraph (b) insert—
"(ba) in the case of a how-to-vote card to be
used for a Council election, that the
how-to-vote card—
(i) indicates a voting preference for one group in relation to which a square is printed on the ballot-
paper under section 69B; or
(ii) indicates the order of voting preference for all candidates whose names are printed opposite
squares on the ballot-paper; or
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 35 (iii) contains a statement to the effect that—
(A) the number 1 must be placed
the square in relation to the group for which the elector votes as first preference; or
(B) the number 1 must be placed
opposite the name of the candidate for whom the elector votes as first
preference and at least the
numbers 2, 3, 4 and 5
opposite the names of the
remaining candidates so as to
indicate by unbroken
numerical sequence the order
of preference of contingent
votes;".(3) In section 79(7) of the Electoral Act 2002, in
paragraphs (a) and (b), for "province" substitute
"region".
(4) In section 81 of the Electoral Act 2002—
(a)
in sub-section (1), for "province" substitute "region";
(b)
in sub-section (2)(b), for "province" substitute "region".
35. Voting in Assembly elections
(1) In the heading to section 93 of the Electoral Act
2002, after "elector" insert "in Assembly
election".
(2) In section 93(1) of the Electoral Act 2002, after "receiving a ballot-paper" insert "in accordance with Schedule 2".
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 36 | Part 3—Amendments to the Electoral Act 2002 |
36. Voting in Council elections
After section 93 of the Electoral Act 2002 insert—
"93A. How votes to be marked by elector in
Council election
(1) After receiving a ballot-paper in accordance with Schedule 1A, an elector must mark the elector's vote on the ballot-paper in
accordance with this section.
(2) An elector must mark the elector's vote on the ballot-paper by placing—
(a)
the number 1 in the square in relation to the group for which the elector votes as first preference; or
(b)
the number 1 opposite the name of the candidate for whom the elector votes as first preference and at least the numbers 2, 3, 4 and 5 opposite the names of the remaining candidates so as to indicate by unbroken numerical sequence the order of preference of contingent votes.
(3) If an elector has marked a tick or cross in a
square printed on a ballot-paper in relation to a group, the voter is taken to have placed the number 1 in the square.
(4) If a candidate dies after the final nomination
day and before or on election day, and the number of candidates remaining is greater than 5, a ballot-paper is not deemed to be informal by reason only of—
(a)
the inclusion on the ballot-paper of the name of the deceased candidate; or
(b)
the marking of any consequential number opposite that name.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 37 (5) Subject to sections 108 to 110, an elector
must, after marking the elector's vote on the
ballot-paper, deposit it in the ballot-box.".
37. Rejection of ballot-papers
In section 112(1) of the Electoral Act 2002—
(a)
in paragraph (c), for "section 93." substitute "section 93, in the case of an Assembly election; or";
(b) after paragraph (c) insert—
"(d) if it is not marked in accordance with section 93A, in the case of a Council election.".
38. Formal Council ballot-papers
After section 112 of the Electoral Act 2002 insert—
"112A. Certain Council ballot-papers with non- consecutive numbers to be formal
A ballot-paper in a Council election that—
(a)
has, in not less than 5 of the squares printed opposite the names of the candidates, numbers in the sequence of consecutive numbers starting with the number 1; and
(b)
would be informal by virtue of section 112(1)(d)—
is taken to be formal in relation to the
preferences marked on the ballot-paper by
numbers up to a break in the sequence.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 38 | Part 3—Amendments to the Electoral Act 2002 |
| 112B. Council ballot-papers deemed to be marked according to group voting tickets |
(1) For the purposes of section 114A, if—
(a) a ballot-paper in a Council election has been marked in accordance with section 93A(2)(a) by a mark having been placed in a square printed in relation to
a group; and(b) the candidates in that group have only 1 group voting ticket registered for the purposes of that election— that ballot-paper is taken to have been marked in accordance with that ticket.
(2) For the purposes of section 114A, if—
(a) a ballot-paper has, or ballot-papers have, been marked in accordance with section 93A(2)(a) by a mark having been placed in a square in relation to a group; and (b) the candidates in that group have purposes of that election—
then—
(c) if the number of ballot-papers is an even number, half of the ballot-papers are to be taken to have been marked in accordance with one of the tickets and the other half in accordance with the other ticket; or (d) if the number of ballot-papers is not an even number—
(i) one of the ballot-papers is taken to have been marked in accordance with whichever of the 2 tickets is
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 38 drawn by lot in a manner
determined by the election
manager, either manually or by
computer; and(ii) half the remainder (if any) of the ballot-papers are to be taken to have been marked in accordance with one of the tickets and the other half in accordance with the other ticket.
(3) For the purposes of section 114A, if—
(a) a ballot-paper has, or ballot-papers have, been marked in accordance with section 93A(2)(a) by a mark having been placed in a square in relation to a group; and (b) the candidates in that group have purposes of that election—
then—
(c) if the number of ballot-papers is a number divisible by 3 without any remainder, one-third of the ballot- papers is to be taken to have been marked in accordance with one of the tickets, one-third of the ballot-papers is
to be taken to have been marked in
accordance with another one of the
tickets and the other one-third in
accordance with the other ticket; or(d) if there is only one ballot-paper or the number of ballot-papers is a number divisible by 3 with a remainder of 1— (i) the ballot-paper or one of the ballot-papers is to be taken to have been marked in accordance with
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 38 | Part 3—Amendments to the Electoral Act 2002 |
whichever of the 3 tickets is
drawn by lot in a manner
determined by the election
manager, either manually or bycomputer; and
(ii) ballot-papers (if any) is to be
taken to have been marked in
accordance with one of the tickets,
one-third of that remainder is to beone-third of the remainder of the accordance with another one of the tickets and the other one-third of that remainder is to be taken to have been marked in accordance with the other ticket; or
(e) if there are 2 ballot-papers or the number of ballot-papers is a number divisible by 3 with a remainder of 2— (i) one of the ballot-papers is to be taken to have been marked in accordance with whichever of the 3 tickets is drawn by lot in a manner determined by the election manager, either manually or by computer; and
(ii) one of the ballot-papers is to be taken to have been marked in accordance with whichever of the other 2 tickets is drawn by lot in a manner determined by the election manager, either manually or by computer; and
(iii) ballot-papers (if any) is to be
one-third of the remainder of the accordance with one of the tickets,
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 38
one-third of that remainder is to be
taken to have been marked in
accordance with another one of
the tickets and the other one-third
of that remainder is to be taken to
have been marked in accordance
with the other ticket.
(4) For the purposes of section 114A, if a ballot- paper in a Council election—
(a) has been marked in accordance with 93A(2)(b); and
(b)
would not be informal by virtue of section 112(1)(d) if it had been marked only in accordance with section 93A(2)(a) or section 93A(2)(b)—
the ballot-paper is taken to have been marked
only in accordance with section 93A(2)(b).
(5) For the purposes of section 114A, if—
(a) an elector has attempted to vote in accordance with section 93A(2)(a) and with section 93A(2)(b); and (b) the elector has validly marked the section 93A(2)(a); and
(c)
the ballot-paper would not be informal by virtue of section 112(1)(d) if it had been marked only in accordance with section 93A(2)(a)—
the ballot-paper is taken to have been marked
only in accordance with section 93A(2)(a).
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 39 | Part 3—Amendments to the Electoral Act 2002 |
(6) For the purposes of section 114A, if—
(a) an elector has attempted to vote in accordance with section 93A(2)(a) and with section 93A(2)(b); and (b) the elector has validly marked the section 93A(2)(b); and
(c) the ballot-paper would not be informal by virtue of section 112(1)(d) if it had been marked only in accordance with section 93A(2)(b)— the ballot-paper is taken to have been marked only in accordance with section 93A(2)(b).".
39. Ascertaining votes for Assembly candidates
(1) In the heading to section 113 of the Electoral Act
2002, after "only" insert "for Assembly
election".
(2) In section 113(1) of the Electoral Act 2002, before "election" insert "Assembly".
(3) In section 113(2) of the Electoral Act 2002, in
paragraph (a), after "ballot-box" insert
"containing ballot-papers used for an Assembly
election".
(4) In the heading to section 114 of the Electoral Act
2002, after "candidates" insert "for Assembly
election".
(5) In section 114(1) of the Electoral Act 2002, before "election" insert "Assembly".
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 40 40. Ascertaining votes for Council candidates
After section 114 of the Electoral Act 2002 insert—
'114A. Procedure for ascertaining number of votes
for Council candidates
(1) The result of a Council election is to be determined as set out in this section.
(2) In this section—
"continuing candidate" means a candidate
not already elected or excluded from
the count;
"quota" means the number determined by
dividing the number of first preference
votes by 1 more than the number of
candidates required to be elected and by
increasing the quotient so obtained
(disregarding any remainder) by 1;
"surplus votes" means the number, if any, of votes in excess of the quota of each elected candidate.
(3) A reference to votes of or obtained or received by a candidate includes votes obtained or received by the candidate on any
transfer.
(4) Sub-sections (2) to (4) of section 113 are to
box containing ballot-papers used for an
be followed as if a reference to the ballot- ballot-box containing ballot-papers used for a Council election.
(5) A quota is to be determined.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 40 | Part 3—Amendments to the Electoral Act 2002 |
(6) Any candidate who has received a number of first preference votes equal to or greater than the quota is to be declared elected by the
election manager.
(7) Unless all the vacancies have been filled, the surplus votes of each elected candidate are to be transferred to the continuing candidates as follows—
(a) the number of surplus votes of the elected candidate is to be divided by the number of first preference votes received by the elected candidate and the resulting fraction is the transfer value; (b) elected candidate that express the first
preference vote for the elected
candidate and the next availablethe total number of ballot-papers of the candidate is to be multiplied by the transfer value;
(c) the number obtained under paragraph (b) (disregarding any fraction) is to be added to the number of first preference votes of the continuing candidate and all those ballot-papers are to be
transferred to the continuing candidate.(8) Any continuing candidate who has received
a number of votes equal to or greater than the
quota on the completion of any transfer
under sub-section (7) is to be declared
elected by the election manager.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 40 (9) Unless all the vacancies have been filled, the
surplus votes, if any, of any candidate
elected under sub-section (8) or elected
subsequently under this sub-section are to be
transferred to the continuing candidates in
accordance with sub-section (7) and any
continuing candidate who has received a
number of votes equal to or greater than the
quota on the completion of the transfer is to
be declared elected by the election manager.
(10) If a continuing candidate has received a
number of votes equal to or greater than the quota on the completion of a transfer of the surplus votes of a particular elected
candidate under sub-section (7) or (9), no
votes of any other candidate are to be
transferred to the continuing candidate.
(11) For the purposes of the application of sub-
section (7) in relation to a transfer of the
surplus votes of an elected candidate under
sub-section (9) or (14), each ballot-paper of
the elected candidate obtained by the elected
candidate on a transfer is to be dealt with as
if—
(a)
any vote it expressed for the elected candidate were a first preference vote; and
(b)
the name of any other candidate previously elected or excluded had not been on the ballot-paper; and
(c) the numbers indicating subsequent
preferences had been altered
accordingly.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 40 | Part 3—Amendments to the Electoral Act 2002 |
(12) If, after the counting of first preference votes or the transfer of any surplus votes of elected candidates, no candidate has, or less than the number of candidates required to be elected
have, received a number of votes equal to the
quota, the candidate who has the fewest
votes is to be excluded and all that
candidate's votes are to be transferred to thecontinuing candidates as follows—
(a)
the total number of ballot-papers of the excluded candidate that express the first preference vote for the excluded
candidate and the next available
preference for a particular continuing
candidate are to be transferred at a
transfer value of 1 for each ballot-paper
and added to the number of votes of the
continuing candidate and all those
ballot-papers are to be transferred to the
continuing candidate;(b)
the total number, if any, of other votes obtained by the excluded candidate on transfers are to be transferred from the excluded candidate beginning with the highest transfer value and ending with the ballot-papers received at the lowest transfer value, as follows—
(i) received by the excluded
candidate at a particular transfer
value and expressing the next
available preference for a
particular continuing candidate isthe total number of ballot-papers value; and
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 40
(ii) the number so obtained added to the number of votes of the continuing candidate; and
(iii) all those ballot-papers are to be candidate.
(13) Any continuing candidate who has received
a number of votes equal to or greater than the
quota on the completion of a transfer of
votes of an excluded candidate under sub-
section (12) or (16) is to be declared elected
by the election manager.
(14) Subject to sub-section (15), unless all the
vacancies have been filled, the surplus votes,
if any, of a candidate elected under sub-
section (13) are to be transferred in
accordance with sub-section (7).
(15) If a candidate elected under sub-section (13) is elected before all the votes of the excluded candidate have been transferred, the surplus
votes, if any, of the elected candidate are not to be transferred until the remaining votes of the excluded candidate have been transferred in accordance with sub-section (12) to
continuing candidates.
(16) Subject to sub-section (18), if after the transfer of all the votes of an excluded candidate no continuing candidate has received a number of votes greater than the
quota—
(a) the continuing candidate who has the fewest votes must be excluded; and (b) that candidate's votes must be section (12).
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 40 | Part 3—Amendments to the Electoral Act 2002 |
(17) If a candidate is elected as a result of a
transfer of ballot-papers under sub-sections
(12) and (16), no other ballot-papers of an
excluded candidate are to be transferred to
the candidate so elected.
(18) In respect of the last vacancy for which
2 continuing candidates remain, the
continuing candidate who has the larger
number of votes is to be elected
notwithstanding that that number is below
the quota and if those candidates have an
equal number of votes the result is to be
determined by lot.
(19) Despite any other provision of this section, if the number of continuing candidates is equal to the number of remaining unfilled
vacancies, those candidates are to be
declared elected by the election manager.
(20) Subject to sub-sections (21), (22) and (23), if
after any count or transfer, 2 or more
candidates have surplus votes the order of
any transfers of the surplus votes of those
candidates is to be in accordance with the
relative size of the surpluses, the largest
surplus being transferred first.
(21) Subject to sub-section (23), if after any count
or transfer, 2 or more candidates have equal
surpluses, the order of any transfers of the
surplus votes of those candidates is to be in
accordance with the relative numbers of
votes of those candidates at the last count or
transfer at which each of those candidates
had a different number of votes, the surplus
of the candidate with the largest number of
votes at that count or transfer being
transferred first.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 40 (22) For the purposes of sub-section (21), if there
has been no count or transfer the election
manager must determine the order in which
the surpluses are to be dealt with.
(23) If after any count or transfer, a candidate
obtains surplus votes, those surplus votes are
not to be transferred before the transfer of
any surplus votes obtained by any other
candidate on an earlier count or transfer.
(24) If on any count or transfer 2 or more
candidates have the fewest number of votes
and the candidate who has the fewest number
of votes is required to be excluded, the result
is to be determined—
(a) by declaring whichever of those candidates had the fewest votes at the last count at which those candidates had a different number of votes to be excluded; or (b) if a result is still not obtained or there has been no count or transfer, by lot by the election manager. (25) If on the final count or transfer 2 candidates have an equal number of votes, the result is to be determined—
(a)
by declaring whichever of those candidates had the fewest votes at the last count or transfer at which those candidates had a different number of votes to be excluded; or
(b)
if a result is still not obtained or there has been no count, by lot by the election manager.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 40 | Part 3—Amendments to the Electoral Act 2002 |
(26) If a candidate is elected by reason that—
(a) the number of first preference votes received by the candidate; or (b) the aggregate of first preference votes received by the candidate and all other votes obtained by the candidate on transfers—
is equal to the quota, all the ballot-papers
expressing those votes are to be set aside as
finally dealt with.
(27) In any case in which section 93A(4) applies, a vote marked on the ballot-paper opposite the name of a deceased candidate must be counted to the candidate next in order of the
voter's preference, and the numbers
indicating subsequent preferences shall betaken to be altered accordingly.
(28) For the purposes of this section each of the
following constitutes a separate transfer—
(a) a transfer under sub-section (7), (9) or (14) of all the surplus votes of an elected candidate; (b) a transfer in accordance with sub- votes of an excluded candidate;
(c) a transfer in accordance with sub- excluded candidate that were transferred to that candidate from a particular candidate.'.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 41 41. Form of writ
For Schedule 1 to the Electoral Act 2002 substitute—
"SCHEDULE 1
FORM OF WRIT
STATE OF VICTORIA
To the Victorian Electoral Commission
I request that you cause—
[here insert an election or elections as the case requires] to be made
according to the law of [here insert one Member of the Legislative Assembly
for the Electoral District of (here insert name of District) or Members of the
Legislative Assembly or Members of the Legislative Council to serve in the
Legislative Assembly or the Legislative Council as the case requires.]I appoint the following dates for the purposes of the [election or elections, as the case requires].
1. For the close of the roll the day of 20 .
2. For the final nomination day the day of 20 .
3. For holding the election at the different election day voting centres in the event of the election or elections being contested, the day of 20 .
For the return of the writ on or before the day of 20 .
[here insert the Governor's title or Speaker's title, as the case requires] at
[here insert place] the day of 20 .
4.
Signature
_______________".
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 42 | Part 3—Amendments to the Electoral Act 2002 |
42. Form of ballot-paper for the Council
After Schedule 1 to the Electoral Act 2002 insert—
"SCHEDULE 1A
FORM OF BALLOT-PAPER FOR THE COUNCIL
Section 74(3A)
For your vote to count, you must vote in either one of the two ways described below
Place the
________
number 1 in one, and one
Ballot-paper
D EITHER Region of [4] only of these
________ A B C D squares to
I Election of 5
indicate your ! OR ! OR ! OR !
members of
choice. 2 2 2 2
R the Legislative
Council
E C T
I Place the Ungrouped
________ numbers 1 to
O ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 at least 5 in
OR these squares
N ________ to indicate ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 your choice. S ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 ! 1 3 1. Here insert name of a candidate.
2. Here insert name of registered political party or composite name of registered political parties if so requested.
3. Here insert name of a registered political party if to be printed and the suburb or locality of the candidate's address in respect of which the candidate is enrolled.
4. Here insert name of region.
Fold the ballot-paper and put it in the ballot-box or declaration envelope, as appropriate.
_______________".
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 3—Amendments to the Electoral Act 2002 s. 43 43. Form of ballot-paper for the Assembly
In Schedule 2 to the Electoral Act 2002—
(a) in the heading to Schedule 2, after ASSEMBLY";
(b)
under the heading to Schedule 2 insert "Section 74(3)";
(c) omit "[or Province]".
__________________
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 44 | Part 4—Consequential Amendments |
PART 4—CONSEQUENTIAL AMENDMENTS
Division 1—Transitional Provisions
44. New sections 18 and 19 and Schedule inserted
After section 17 of the Electoral Boundaries
Commission Act 1982 insert—
"18. Establishment of first regions
(1) Subject to and in accordance with the
provisions of this Act, for the purpose of 2003, it is also a function of the Commission during the period starting on 1 January 2005 and ending on 30 November 2005, to divide the State of Victoria into electoral regions for the Legislative Council for the conduct of elections for the Legislative Council with the object of establishing electoral regions of approximately equal enrolment and to determine the boundaries thereof.
enabling the holding of the first election of
the Council in accordance with sections 26
and 27 of the Constitution Act 1975 asproposed to be inserted by section 8 of the
(2) For the purpose of this section, the
Commission is to carry out its function as if sections 26 and 27 of the Constitution Act 1975 as proposed to be inserted by section 8 of the Constitution (Parliamentary
Reform) Act 2003 were in operation.(3) Immediately after the day notified in the Government Gazette under section 13 in relation to a division of electors for the
purposes of this section, the names and
boundaries of the electoral regions for the
Legislative Council set forth in the statement
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 4—Consequential Amendments s. 44 of the Commissioners deposited in the
Central Plan Office must be published in the
Government Gazette by the VictorianElectoral Commission.
(4) On the day on which writs are issued for the
dissolution or other lawful determination of
the Assembly last elected before thegeneral election next following the 2003 receives the Royal Assent, the names and boundaries of the electoral regions published in accordance with sub-section (3) are deemed to be substituted for the names and boundaries of the electoral provinces previously published in the Government Gazette under section 27 of the Constitution Act 1975 as in force immediately before the commencement of section 8 of the Constitution (Parliamentary Reform) Act 2003.
19. Interim regions if early election required
(1) This section only applies if, before the
Commission has completed the division of
the State of Victoria into electoral regions in
accordance with section 18, the Legislative
Assembly is dissolved and section 8 of the
Constitution (Parliamentary Reform) Act
2003 comes into operation.
(2) Despite anything in this Act and despite
section 27 of the Constitution Act 1975, if this section applies, on the commencement of section 8 of the Constitution
(Parliamentary Reform) Act 2003, the boundaries of the regions referred to by a number in the Schedule are deemed to be substituted for the names and boundaries of
the provinces previously published in the
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 44 | Part 4—Consequential Amendments |
Government Gazette under section 27 of the
Constitution Act 1975 as in force
immediately before the commencement of
section 8 of the Constitution
(Parliamentary Reform) Act 2003.(3) If this section applies, immediately after the
commencement of section 8 of the
Constitution (Parliamentary Reform) Act
2003, the Commission must—
(a)
divide the State of Victoria into the regions referred to in the Schedule; and
(b) allocate a name to each region; and
(c)
publish the names and the regions in the Government Gazette.
(4) The name allocated to a region in the
statement published in the Government Schedule for the number of the region to which the name is allocated as from the date that the Government Gazette is published.
(5) As soon as practicable after the
commencement of section 8 of the 2003, the Victorian Electoral Commission must cause new electoral rolls to be prepared in accordance with the Electoral Act 2002 for the new electoral regions.
__________________
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 4—Consequential Amendments s. 44
SCHEDULE
REGIONS
Region Boundary 1
Enclosing the districts of Bass, Frankston, Gembrook, Gippsland East, Gippsland South, Hastings, Monbulk, Mornington, Morwell, Narracan, Nepean
2
Enclosing the districts of Albert Park, Box Hill, Brunswick, Essendon, Hawthorn, Ivanhoe, Kew, Melbourne, Northcote, Prahran, Richmond
3
Enclosing the districts of Ballarat East, Ballarat West, Bellarine, Geelong, Lara, Lowan, Melton, Polwarth, Ripon, South Barwon, South-West Coast
4
Enclosing the districts of Bentleigh, Brighton, Burwood, Carrum, Caulfield, Clayton, Malvern, Mordialloc, Mount Waverley, Oakleigh, Sandringham
5
Enclosing the districts of Bulleen, Bundoora, Doncaster, Eltham, Evelyn, Kilsyth, Mill Park, Preston, Thomastown, Warrandyte, Yan Yean
6
Enclosing the districts of Benalla, Benambra, Bendigo East, Bendigo West, Macedon, Mildura, Murray Valley, Rodney, Seymour, Shepparton, Swan Hill
7
Enclosing the districts of Bayswater, Cranbourne, Dandenong, Ferntree Gully, Forest Hill, Lyndhurst, Mitcham, Mulgrave, Narre Warren North, Narre Warren South, Scoresby
8
Enclosing the districts of Altona, Broadmeadows, Derrimut, Footscray, Keilor, Kororoit, Niddrie, Pascoe Vale, Tarneit, Williamstown, Yuroke
".
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 45 | Part 4—Consequential Amendments |
Division 2—Miscellaneous Amendments
45. Electoral Boundaries Commission Act 1982
(1) In section 2 of the Electoral Boundaries Commission Act 1982—
(a) omit the definition of "province";
(b) insert the following definition—
' "region" means electoral region for theLegislative Council;'.
(2) For section 5(1) of the Electoral Boundaries Commission Act 1982 substitute—
"(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.".
(3) In section 5 of the Electoral Boundaries Commission Act 1982—
(a) in sub-section (2), for "provinces" substitute "regions"; (b) in sub-section (3), for "provinces" (where twice occurring) substitute "regions".
(4) In section 8(1) of the Electoral Boundaries
Commission Act 1982 omit "for the Legislative
Assembly and periodical elections for the
Legislative Council".
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 4—Consequential Amendments s. 46 (5) In section 9(1) of the Electoral Boundaries
Commission Act 1982 for "province" substitute
"region".
(6) In section 9(2) of the Electoral Boundaries Commission Act 1982—
(a)
for "provinces" (where twice occurring) substitute "regions";
(b) for "province" substitute "region".
(7) In section 10A of the Electoral Boundaries
Commission Act 1982, for "province" (where thrice occurring) substitute "region".
(8) In section 10B of the Electoral Boundaries
Commission Act 1982, for "province" substitute
"region".
(9) In section 11 of the Electoral Boundaries
Commission Act 1982, for "province" (where twice occurring) substitute "region".
46. Section 14 of the Electoral Boundaries Commission Act 1982 substituted
For section 14 of the Electoral Boundaries
Commission Act 1982 substitute—
"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 VictorianElectoral 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
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
| s. 47 | Part 4—Consequential Amendments |
sub-section (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.".47. Section 16 of the Electoral Boundaries Commission Act 1982 substituted
For section 16 of the Electoral Boundaries
Commission Act 1982 substitute—"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.".
48. Further amendment to the Electoral Boundaries Commission Act 1982
In section 17(1) of the Electoral Boundaries
Commission Act 1982, for "provinces" substitute"regions".
49. Constitution Act 1975
(1) In section 5 of the Constitution Act 1975— (a) the definition of "province" is repealed;
(b) insert the following definition—
' "region" means electoral region of the
Council;'.
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Part 4—Consequential Amendments s. 50 (2) In section 24(2) of the Constitution Act 1975 omit "(whether or not the Council is dissolved after he so ceases to be a member)".
(3) In the heading to subdivision (1) of Division 5 of
Part 2 of the Constitution Act 1975, for
"Provinces" substitute "Regions".
(4) In section 42 of the Constitution Act 1975, for
"province" substitute "region".
50. University of Ballarat Act 1993
In section 3 of the University of Ballarat Act 1993, in the definition of "Ballarat region", for "province for the Legislative Council of Victoria
of Ballarat" substitute "districts for the and Ballarat West".
51. Geographic Place Names Act 1998
In section 4(a)(i) of the Geographic Place Names
Act 1998, for "province" substitute "region".
═══════════════
Constitution (Parliamentary Reform) Act 2003
Act No. 2/2003
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 27 February 2003
Legislative Council: 25 March 2003
The long title for the Bill for this Act was "to reform the Parliament of
Victoria, to amend the Constitution Act 1975 and the Electoral Act2002, to consequentially amend certain Acts and for other purposes."
Constitution Act 1975:
Absolute majorities:
Legislative Assembly: 20 March 2003
Legislative Council: 27 March 2003
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