Electoral Act 2002 (Vic)

Version No. 065

Electoral Act 2002

No. 23 of 2002

Version incorporating amendments as at

10 February 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose and outline of Act

2Commencement

3Definitions

3AHomeless persons

4Electoral matter

5Extraterritorial operation of Act

Part 2—Victorian Electoral Commission

6Victorian Electoral Commission

7Constitution of Commission

8Responsibility and functions of the Commission

9Powers of the Commission

10Commission not subject to direction or control

11Election manual and guidelines

12The Electoral Commissioner

13Deputy Electoral Commissioner

14Suspension from office

15Other terms and conditions

16Functions, powers and duties

17Staff

17AApplication of the Equal Opportunity Act 2010

18Election managers and election officials

19Delegations

19AMandatory notification of corrupt conduct to IBAC

19BConsultation prior to notification

19CCommunication of information to the IBAC

19DElectoral Commissioner not to prejudice investigations of the IBAC

Part 3—Enrolment procedures and information

Division 1—Register of electors

20Arrangement with Commonwealth

21Register of electors for Victoria

22Entitlement to enrolment of electors for Assembly and Council

23Claims for enrolment and notice of change of address

23AEnrolment by the Commission

24General postal voters

25Power to refuse to include inappropriate names on register

26Information to be supplied to Commission

27Review of register of electors

28Register of electors not available for public inspection

Division 2—Electoral rolls

29Electoral rolls

30Correction of errors in electoral rolls

31Request to be silent elector

32Inspection of list of electors and electoral rolls

Division 3—Enrolment information

33Provision of enrolment information to political parties, members and candidates

34Provision of enrolment information to others

35Report to Parliament

36Use of enrolment information

37Prohibition of disclosure or commercial use of enrolment information

Division 4—Enrolment objections and Tribunal reviews

38Objections to enrolment

39Notice of objection

40Answer to objection

41Determination of objection

42Review by Tribunal

Part 4—Registration of political parties

43Register of Political Parties

44Registered officer of a political party

45Application for registration

46Political party or logo not to be registered during election

47Political parties with certain names not to be registered

47ACertain logos not to be entered in Register of Political Parties

48Variation of application

49Publication of notice of application

50Registration

51Changes to Register of Political Parties

52Commission to review registration of political parties

53Voluntary de-registration

54De-registration of party not endorsing candidates

55De-registration of political party on failure to provide information and documents

56De-registration of political party on other grounds

57De-registration

58De-registered political party is ineligible for registration

58ARegistered political party must apply for re‑registration

58BApplication for re-registration

58CPolitical party not to be re-registered during election

58DRe-registration

59Inspection of Register of Political Parties

60Review of certain decisions

Part 5—Election procedures

Division 1—Writs

61Writs for elections

62Vacancy occurring by reason of resignation to contest Commonwealth election

63Issue of writ and days appointed

64Duties of Commission on receipt of writ

Division 2—Voting centres

65Appointment of voting centres

66Use of licensed premises as voting centre

67Use of prescribed premises as voting centre

Division 3—Nominations and candidates

68Commission to make particulars of candidates available

69Nomination of candidates

69AGrouping of candidates for Council elections

69BGroup voting tickets

70Rejection of nominations

71Retirement of candidate

72Failed election

Division 4—Arrangements for holding elections

73When election is required

73AGroup voting tickets to be displayed

74Ballot-papers to be prepared

75Notification of election

76Provisions relating to scrutineers

Division 5—How-to-vote cards

77Submission of how-to-vote cards to the election manager

78Submission of how-to-vote cards to the Commission

79Registration process

80Alterations to registered how-to-vote card to correct error

81Supply of how-to-vote cards

82Commission to make how-to-vote cards available

82AReview of the Commission's decision

Division 6—Electoral matter

83Printing and publication of electoral advertisements, handbills, pamphlets or notices

83APrinting and publication of how-to-vote cards

84Misleading or deceptive matter

85Heading to electoral advertisements

86Authors to be identified

Part 6—Voting

Division 1—Entitlement to vote

87Voting at elections

Division 2—Voting at an election day voting centre

88Ballot-box to be exhibited before voting

89Hours of voting

90Questions to be asked of voter

91Election official may require voter to make declaration as to identity

92Elector to receive ballot-paper

93How votes to be marked by elector in Assembly election

93AHow votes to be marked by elector in Council election

94Electors requiring assistance

95Provision for persons unable to write

96Spoilt ballot-papers

97Provisions relating to adjournments

97ATemporary suspension of voting at an election day voting centre

Division 3—Early voting and postal voting

99Application to vote early

100Interstate and overseas voting centres

101Application to vote by post

102Duty of authorised witness in witnessing signature

104Issue of declaration and ballot-paper to postal voters

104AInformation to be provided to registered political parties and candidates

105Issue of declaration and ballot-paper to general postal voters

106Directions for postal voting

Division 4—Specific provisions

107Provision of silent elector's address

108Provisional voting

109Provisions as to voting by absent voters

110Elector claiming to vote whose name on roll has been marked

Part 6A—Electronic voting and electronic assisted voting

Division 1—Electronic voting

110AApplication of Part 6 to electronic voting

110BNo entitlement to electronic voting

110CAvailability of electronic voting

110DWho can access electronic voting?

Division 2—Electronic assisted voting

110EApplication of Part 6 to electronic assisted voting

110FAvailability of electronic assisted voting

110GWho can access electronic assisted voting?

110HCommission to approve procedures for electronic assisted voting

Division 3—General

110HADefinition

110HBApproval of computer program or system for electronic voting and electronic assisted voting

110HCSecurity arrangements

110HDBallot-papers

110HEVoting

110IOffence in relation to electronic voting and electronic assisted voting

Part 7—Election results

110JEarly processing of votes under sections 99 and 106

111Preliminary scrutiny of declaration votes

112Rejection of ballot-papers

112ACertain Council ballot-papers with non-consecutive numbers to be formal

112BCouncil ballot-papers deemed to be marked according to group voting tickets

113Procedure to ascertain number of votes when 2 candidates only for Assembly election

114Procedure to ascertain the number of votes where more than 2 candidates for Assembly election

114AProcedure for ascertaining number of votes for Council candidates

115Use of electronic counting equipment

116Indicative two candidate preferred distribution of preferences

117Determination of tied election

118Adjournment of count of votes

119Preference distribution for information purposes

120Recount of ballot-papers before declaration of election

121Declaration of result

122Ballot material to be secured and stored

123Election information

Part 8—Court of Disputed Returns

Division 1—Constitution and powers

124The Court of Disputed Returns

125Powers of Court

126Court must act fairly

127General procedure

128Legal representation

129Decisions to be final

130Costs

131Other costs

132Consequences of Court's declarations

Division 2—Disputing validity of election

133Method of disputing elections

134Who may dispute an election

135Requirements of petition

136Right of Commission to be represented

137Evidence that person not permitted to vote

138Inquiries by Court of Disputed Returns

139Election not to be void unless result affected

140Voiding election for certain offences

141Copies of petition and order of Court to be sent to Clerk of Parliaments

142Deposits applicable for costs

Division 3—Referral of qualification or vacancy

143Reference of question as to qualification or vacancy

144Speaker or President to state case

145Parties to the reference

146Powers of Court of Disputed Returns

147Order to be sent to Clerk of the Parliaments

Part 9—Enforcement and offences

Division 1—Offences

148False information

149Forging or uttering electoral papers

150Voting offences

151Bribery

152Interference with political liberty

153Tampering

153AApplication provision

154Secrecy of vote

155Prohibition of publicly disseminating exit poll results during the hours of voting

156Distribution of printed electoral material

157Power to request handing over of how-to-vote cards

158Conduct near voting centres

158AExhibit of notice or sign within 100 metres of entrance to voting centre

159Prohibition of use of public address systems during hours of voting

160Offence to impersonate

161Offence by certain persons

Division 2—Enforcement of compulsory voting

162Commission to prepare list of non-voters

163Notice to electors who have not voted

164Replies by or on behalf of electors

165List to be evidence

166Offences

167Power to serve infringement notice

170Penalties to be paid for offences under infringement notices

Division 3—General enforcement provisions

174Powers of election manager and election official

175Institution of proceedings for offences

176Injunctions

177Time for certain proceedings to be commenced

Part 9A—Referendums

177APurpose of this Part

177BApplication of provisions relating to elections

177CDistribution of arguments for and against Bill to electors

177DIssue of writ

177ECopy of Bill or statement

177FDuties of Commission on receipt of writ

177GElectors who are entitled to vote

177HVoting to be by ballot

177IForm of ballot-papers

177JRejection of ballot-paper

177KDeclaration of the result

Part 10—General

178Evidentiary provisions

179Offences by corporations

179ACriminal liability of officers of bodies corporate—accessorial liability

180Refunds of deposits

181Appropriation of money

182Specified day

183Supreme Court—limitation of jurisdiction

184Regulations

Part 11—Transitional and consequential

185Repeal

186Transitional provisions

187Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013

Part 12—Election expenditure and political donations

Division 1—Preliminary

206Definitions

207Campaign committee to be treated as registered political party

Division 1A—Register of Agents

207ARegister of Agents

207BAppointment of agent by a candidate at an election, group or elected member

207CAgent of associated entity, third party campaigner or nominated entity

207DRequirements in relation to appointment of agent

207EWhen is appointment of agent in effect?

Division 1B—State campaign account

207FState campaign account

Division 1C—Administrative Expenditure Funding

207GDefinitions

207GAEntitlement to administrative expenditure funding

207GBRequest to Commission to receive administrative expenditure funding

207GCAnnual return

207GDAudit of annual return

207GEPowers of Commission

207GFRecovery of administrative expenditure funding

207GGProhibition on the payment or use of administrative expenditure funding

Division 2—Public Funding

208Statement of expenditure

209Audit of statement

210Powers of Commission

211Entitlement

212Making of payments

212AInstalment payments of public funding entitlement

212BSpecial rule for instalment payments of public funding entitlement in relation to 2022 general election

213Death of a candidate

215Appropriation

Division 2A—Policy development funding

215APolicy development funding

215BAudit of statement

215CPowers of Commission

215DMaking of payments

Division 3—Disclosure of political donations

216Disclosure of political donations

217Commission to publish disclosure return

Division 3A—Prohibited political donations

217APolitical donation from certain sources banned

217BAnonymous political donation not to be accepted

217CForfeiture of political donations accepted in contravention of this Division

Division 3B—General cap on donations

217DGeneral cap

217EAggregation

217FLimit on political donations to third-party campaigners

217GForfeiture of political donations accepted in contravention of this Division

Division 3C—Annual returns and other information

217HTwo or more amounts

217IAnnual return by registered political party

217JAnnual return by associated entities

217KAnnual return by third party campaigners

217LAnnual return by nominated entities

217MAnnual return by registered agent of a candidate, group or elected member

217NAnnual returns not to include lists of membership

217NAAnnual returns in respect of financial year commencing on 1 July 2018

217OInformation to be provided by associated entities and nominated entities

217PCommission to publish annual returns

Division 3D—Indexation

217QIndexation of certain amounts—consumer price index

Division 4—Miscellaneous

218Offences

218AOffences in relation to disclosure returns and annual returns

218BOffence to enter into or carry out scheme

219Recovery of payments

220Records to be kept

221Amendment of statements, donation returns or annual returns

221AConfidential information

Division 4A—Powers of the Commission

Subdivision 1—General

222ACompliance officers

222BPower to issue notice

222CReview of decision to issue notice

222DOffences in relation to notice issued under section 222B

222DAElectronic lodgement of disclosure returns and annual returns

222DBReview to be conducted

222DCReview to be conducted by expert panel

Subdivision 2—Register of Nominated Entities

222ERegister of Nominated Entities

222FNomination and eligibility for appointment as nominated entity

222GAppointment as nominated entity

222HWhen does an appointment as a nominated entity take effect?

222IWhen does an appointment as a nominated entity cease?

Division 5—Repeals

223Repeals

Part 13—Transitional provision

224Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Electoral Reform

Schedules

Schedule 1

Schedule 1A

Schedule 1B

Schedule 2

Schedule 3

Schedule 4

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 065

Electoral Act 2002

No. 23 of 2002

Version incorporating amendments as at

10 February 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose and outline of Act

(1)The purpose of this Act is to reform the law relating to elections in Victoria.

(2)In outline this Act—

·establishes the Victorian Electoral Commission consisting of one member, the Electoral Commissioner;

·provides for the appointment of the Electoral Commissioner, the Deputy Electoral Commissioner, election managers and election officials and the employment of staff;

·sets out the Commission's responsibilities, functions and powers;

·sets out the enrolment process and provides for the collection and dissemination of enrolment information;

·provides for the registration of political parties;

·sets out election procedures and arrangements for holding elections;

·specifies who is entitled to vote and how voting may occur;

·provides for the scrutiny and counting of votes;

·provides for the Court of Disputed Returns;

·sets out offences, requires compulsory voting and enables the issuing of infringement notices;

·repeals provisions of The Constitution Act Amendment Act 1958 and consequentially amends certain other Acts;

·provides for election expenditure.

(3)Subsection (2) is intended only as a guide to readers as to the general scheme of this Act.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day to be proclaimed.

(2)If this Act does not come into operation before 1 January 2003, it comes into operation on that day.

3Definitions

In this Act—

address does not include a post-office box;

Antarctica means the Australian Antarctic Territory including—

(a)the Territory of Heard Island and McDonald Islands; and

(b)Macquarie Island;

Antarctic elector means an elector who is, in the course of the elector's employment, in Antarctica on election day;

Assembly means the Legislative Assembly;

authorised officer means a person appointed to be an authorised officer for the purpose of issuing infringement notices under section 167;

authorised witness means a person who—

(a)has attained 18 years of age; and

(b)is not a candidate at the election;

ballot material means ballot-papers, electoral rolls and electoral papers;

by-election means an election at which a member of the Assembly is to be elected to fill the place of a member of the Assembly whose seat has become vacant otherwise than by the expiration or dissolution of the Assembly;

candidate means a person who is nominated under section 69 to stand for election to Parliament;

Commission means the Victorian Electoral Commission established under section 6;

Commonwealth subdivision

means a subdivision of an electoral division for the election

of a member of the House of Representatives under the Commonwealth Electoral Act 1918;

composite name means a name formed from the names of more than one registered political party;

contact person means a person included on a nomination form under section 69(3)(bb);

corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;

Council means the Legislative Council;

Council election means an election at which all the members of the Council have to be elected;

declaration vote means a vote on a ballot-paper marked under section 106, 108, 109 or 110;

districtmeans electoral district;

election means—

(a)a general election; or

(b)a by-election; or

(c)a supplementary election; or

(d)a re-election;

election day means the day named as the election day in the writ for an election;

elector means a person whose name appears on the register of electors;

electoral advertisement, handbill, pamphlet or notice means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper announcing the holding of a meeting;

electoral claim means an application or declaration made under this Act;

Electoral Commissioner means the Electoral Commissioner appointed under section 12;

electoral paper includes any electoral claim and any prescribed form;

electoral roll means a list prepared under section 29 of the names and addresses of electors who are eligible to vote at a particular election;

eligible overseas elector means an elector who is enrolled under section 22(3);

eligible political party means a political party that is established on the basis of a written constitution (however described) that sets out the aims of the party and has at least 500 members who are—

(a)electors; and

(b)members in accordance with the rules of the political party; and

(c)not members of another registered political party or of a political party applying for registration;

exit poll means the canvassing of electors at large as to how they have voted at an election for the purpose of obtaining and publicly disseminating information about voting trends at the election;

general election means an election at which all the members of the Assembly and all the members of the Council have to be elected;

general postal voter means a person whose application to be a general postal voter is accepted under section 24;

how-to-vote card means any card, handbill, pamphlet or notice that—

(a)is or includes a representation or partial representation or purported representation or purported partial representation of a ballot-paper for use in an election; or

(b)lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of those candidates;

IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;

IBAC personnel has the same meaning as it has in the Integrity Oversight Victoria Act 2011;

infringement penalty means the amount stated in an infringement notice issued under section 167 as payable in respect of the offence to which the notice relates;

itinerant elector means an itinerant elector who is enrolled under section 22(4);

mobile billboard means any billboard that is capable of being displayed while being transported by any means (including by a motor vehicle, utility vehicle, motorcycle or a person);

name, in Parts 4 and 5, includes in respect of a political party—

(a)the full name of a political party; or

(b)the initials for, or acronym of, the full name of a political party; or

(c)the abbreviation of the full name of a political party;

Order in Council means an Order of the Governor in Council published in the Government Gazette;

organisation includes—

(a)a body corporate; or

(b)an association or other body of persons; or

(c)an association that consists of 2 or more organisations within the meaning of the preceding paragraphs; or

(d)a part of an organisation within the meaning of a preceding paragraph;

part, in relation to an organisation, includes—

(a)a branch or division of the organisation; or

(b)a part of a part of the organisation;

police officer has the same meaning as it has in the Victoria Police Act 2013;

political party means an organisation whose object or activity is to promote the election of a member of the party to Parliament;

prescribed offence means an offence specified in section 166(1);

President means the President of the Council and includes any person acting as the President of the Council;

principal place of residence includes the place of living to which a person, when temporarily living elsewhere, has a fixed intention of returning for the purpose of continuing to live at that place;

printed electoral material means an advertisement, handbill, pamphlet or notice that contains electoral matter;

*                *                *                *                *

publish means publish by any means including by publication on the Internet;

region means electoral region;

register of electors means the register of electors for Victoria established and maintained under section 21 that contains the names and addresses of all electors and the particulars required under the Act;

Register of Political Parties means the Register of Political Parties established under section 43;

registered how-to-vote card means a how-to-vote card registered under section 77 or 79;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registered political party means a political party that is registered under Part 4;

relevant period, in relation to an election, means the period that—

(a)starts on the day a writ is issued for the election; and

(b)ends at 6 p.m. on election day.

secretary, in relation to a political party, means the person who holds the office (however described) the duties of which involve responsibility for the carrying out of the administration, and for the conduct of the correspondence, of the party;

silent elector means an elector whose address is not on an electoral roll because of a request made under section 31;

*                *                *                *                *

Speaker means the Speaker of the Assembly and includes any person acting as the Speaker of the Assembly;

Tribunal means the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998;

voting centre means a place appointed by the Commission for voting at an election as—

(a)an early voting centre;

(b)a mobile voting centre;

(c)an election day voting centre.

3AHomeless persons

(1)For the purposes of this Act, a reference in section 22(4) to a person includes a homeless person.

(2)In this section, homeless person means—

(a)a person living in—

(i)crisis accommodation; or

(ii)transitional accommodation; or

(iii)any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or

(b)a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth.

4Electoral matter

(1)In this Act, electoral matter means matter which is intended or likely to affect voting in an election.

(2)Without limiting the generality of the definition of electoral matter, matter is to be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on—

(a)the election; or

(b)the Government, the Opposition, a previous Government or a previous Opposition, of the State; or

(c)the Government, the Opposition, a previous Government or a previous Opposition, of the Commonwealth or any other State or a Territory of the Commonwealth; or

(d)a member or a former member of the Parliament or the Parliament of the Commonwealth, any other State or a Territory of the Commonwealth; or

(e)a political party, a branch or division of a political party or a candidate in the election; or

(f)an issue submitted to, or otherwise before, the electors in connection with the election.

5Extraterritorial operation of Act

This Act extends to election officials appointed for the purposes of this Act outside Victoria.

PART 2—VICTORIAN ELECTORAL COMMISSION

6Victorian Electoral Commission

(1)There is established by this Act the Victorian Electoral Commission.

(2)The Commission—

(a)is a body corporate with perpetual succession;

(b)represents the Crown in right of the State of Victoria;

(c)has a common seal;

(d)may sue and be sued in its corporate name;

(e)is, subject to this Act, capable of taking, purchasing, leasing, holding, selling and disposing of real and personal property for the purpose of performing its functions and exercising its powers under this Act;

(f)is capable of doing and suffering all acts and things that bodies corporate may by law do and suffer and which are necessary or expedient for the purpose of performing its functions and exercising its powers under this Act.

(3)The common seal of the Commission—

(a)must be kept as the Commission directs;

(b)must not be used except as authorised by the Commission.

7Constitution of Commission

The Commission consists of one member being the person who is appointed as the Electoral Commissioner.

8Responsibility and functions of the Commission

(1)The Commission is responsible for the administration of the enrolment process and the conduct of parliamentary elections and referendums in Victoria.

(2)The functions of the Commission are—

(a)to perform such functions as are conferred on the Commission by this or any other Act, other than functions which are expressly conferred on a specified person or body or the holder of a specified office;

(b)to report to each House of Parliament within 12 months of the conduct of each election on the administration of that election;

(c)to produce voters' rolls for elections under the Local Government Act 2020;

(ca)to assist the Melbourne City Council with the preparation of the voters' roll for that Council under the City of Melbourne Act2001;

(cb)to conduct all elections and polls under the Local Government Act 2020 and the City of Melbourne Act 2001;

(d)to provide goods and services to persons or organisations on payment of any relevant fees, to the extent that the Commission is able to do so by using information or material in its possession or expertise acquired in the performance of its functions;

(e)to provide administrative and technical support to the Electoral Boundaries Commission established under section 3 of the Electoral Boundaries Commission Act 1982;

(f)to promote public awareness of electoral matters that are in the general public interest by means of the conduct of education and information programs;

(g)to conduct and promote research into electoral matters that are in the general public interest;

(h)to consider, and report to the Minister on, electoral matters that are in the general public interest referred to the Commission by the Minister;

(i)to administer this Act.

(3)The Commission must notify the Minister when the Commission has been engaged to conduct an election or poll for an organisation for which it has not previously conducted an election or poll.

(4)The Commission must report to each House of Parliament on all elections and polls referred to in subsection (3) within the first sitting week of each House of the Parliament immediately after 1 January and 1 July each year.

9Powers of the Commission

(1)Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its responsibilities and functions.

(2)Without limiting the generality of subsection (1), the Commission may, subject to this Act, make and issue directions for or with respect to the enrolment process, elections and election procedures.

(3)Without limiting the generality of subsection (1), the Commission may, subject to this Act, make, issue and publish determinations for or in connection with the performance of its responsibilities and functions and the exercise of its powers.

10Commission not subject to direction or control

The Commission is not subject to the direction or control of the Minister in respect of the performance of its responsibilities and functions and the exercise of its powers.

11Election manual and guidelines

(1)The Commission must publish an election manual for the purposes of this Act.

(2)The election manual must include directions issued by the Commission.

(3)The Commission may publish guidelines relating to the performance of its responsibilities and functions and the exercise of its powers.

12The Electoral Commissioner

(1)The Governor in Council may appoint an officer to be called the Electoral Commissioner.

(2)The Electoral Commissioner—

(a)holds office for a period of 10 years; and

(b)may be re-appointed for one or more periods each of which does not exceed 10 years as is specified in the instrument by which the Electoral Commissioner is re-appointed.

(3)A person who—

(a)is a member of a registered political party; or

(b)has been a member of a political party at any time during the period of 5 years immediately preceding the date of the proposed appointment—

cannot be appointed to be the Electoral Commissioner.

(4)The office of the Electoral Commissioner becomes vacant—

(a)upon acceptance by the Governor in Council of the Electoral Commissioner's resignation in writing; or

(b)upon the Electoral Commissioner becoming a bankrupt; or

(c)upon the Electoral Commissioner nominating for election for the Parliament of Victoria or of the Commonwealth or of any other State or Territory of the Commonwealth; or

(d)upon the Governor in Council determining that the Electoral Commissioner is physically or mentally incapable of carrying out the duties of office; or

(e)upon the passing of a resolution by both Houses of Parliament requesting the Electoral Commissioner's removal from office; or

(f)upon the Electoral Commissioner being convicted of an indictable offence or being sentenced to imprisonment for any offence.

(5)Nothing in the Public Administration Act 2004 applies to or in relation to the office of the Electoral Commissioner or to any person holding that office.

(6)The Governor in Council may by Order in Council fix the terms and conditions of employment which are applicable to the Electoral Commissioner.

13Deputy Electoral Commissioner

(1)The Governor in Council may appoint an officer to be called the Deputy Electoral Commissioner.

(2)The Deputy Electoral Commissioner—

(a)holds office for a period of 10 years; and

(b)may be re-appointed for one or more periods each of which does not exceed 10 years as is specified in the instrument by which the Deputy Electoral Commissioner is re-appointed.

(3)A person who—

(a)is a member of a registered political party; or

(b)has been a member of a political party at any time during the period of 5 years immediately preceding the date of the proposed appointment—

cannot be appointed to be the Deputy Electoral Commissioner.

(4)The office of the Deputy Electoral Commissioner becomes vacant—

(a)upon acceptance by the Governor in Council of the Deputy Electoral Commissioner's resignation in writing; or

(b)upon the Deputy Electoral Commissioner becoming a bankrupt; or

(c)upon the Deputy Electoral Commissioner nominating for election for the Parliament of Victoria or of the Commonwealth or of any other State or Territory of the Commonwealth; or

(d)upon the Governor in Council determining that the Deputy Electoral Commissioner is physically or mentally incapable of carrying out the duties of office; or

(e)upon the passing of a resolution by both Houses of Parliament requesting the Deputy Electoral Commissioner's removal from office; or

(f)upon the Deputy Electoral Commissioner being convicted of an indictable offence or being sentenced to imprisonment for any offence.

(5)Nothing in the Public Administration Act 2004 applies to or in relation to the office of the Deputy Electoral Commissioner or to any person holding that office.

(6)The Governor in Council may by Order in Council fix the terms and conditions of employment which are applicable to the Deputy Electoral Commissioner.

(7)If the Deputy Electoral Commissioner is unable, whether on account of illness or otherwise, to perform the duties of the office of Deputy Electoral Commissioner, the Governor in Council may appoint an eligible person to act as Deputy Electoral Commissioner during that period of inability.

14Suspension from office

(1)The Governor in Council may suspend the Electoral Commissioner or the Deputy Electoral Commissioner from office—

(a)on the ground of neglect of duty; or

(b)on the ground of misconduct; or

(c)on any other ground which in the opinion of the Governor in Council makes the Electoral Commissioner or the Deputy Electoral Commissioner unfit for office.

(2)If the Governor in Council suspends the Electoral Commissioner or the Deputy Electoral Commissioner from office, the Minister must within 2 hours of the suspension being made give notice in writing of the suspension to—

(a)the President; and

(b)the Speaker; and

(c)the Leader of each political party in each House of the Parliament.

(3)If Parliament is not sitting at the time when the Governor in Council suspends the Electoral Commissioner or the Deputy Electoral Commissioner from office, the Parliament must be summoned to meet as soon as practicable after a petition signed by—

(a)not less than 20 members of the Assembly; or

(b)not less than 30 members of Parliament all or any of whom are members of the Council—

objecting to the suspension and requesting that Parliament be summoned is addressed and given to the Speaker or the President.

(4)An Electoral Commissioner or a Deputy Electoral Commissioner who is suspended must be restored to office unless—

(a)a statement setting out the grounds of suspension is placed before each House of Parliament during the first 7 sitting days of that House following the suspension; and

(b)each House of Parliament within 20 days of the statement being placed before it passes a resolution requesting the removal of the Electoral Commissioner or the Deputy Electoral Commissioner from office.

15Other terms and conditions

(1)If the Electoral Commissioner or the Deputy Electoral Commissioner is at the time of appointment an officer within the meaning of the State Superannuation Act 1988, the Electoral Commissioner or the Deputy Electoral Commissioner continues subject to that Act to be an officer within the meaning of that Act.

(2)The Electoral Commissioner or the Deputy Electoral Commissioner must not without the consent of the Governor in Council directly or indirectly engage in any paid employment outside of the office of Electoral Commissioner or Deputy Electoral Commissioner.

(3)If the Electoral Commissioner or the Deputy Electoral Commissioner directly or indirectly engages in any paid or unpaid employment outside of the office of Electoral Commissioner or Deputy Electoral Commissioner, the Electoral Commissioner or the Deputy Electoral Commissioner must immediately advise the Minister.

(4)The Minister must ensure that a statement giving details of employment advised under subsection (3) is placed before each House of Parliament during the first 7 sitting days of that House after the Minister is so advised.

(5)Subject to this Act, the person who immediately before the commencement of this section—

(a)holds the office of Electoral Commissioner, continues to hold that office until the end of the period when the term of appointment to the office would have expired; and

(b)holds the office of Deputy Electoral Commissioner, continues to hold that office until the end of the period when the term of appointment to the office would have expired.

16Functions, powers and duties

(1)The Electoral Commissioner—

(a)constitutes the Commission under section 7; and

(b)has the functions, powers and duties delegated to the Electoral Commissioner by the Commission.

(2)The Deputy Electoral Commissioner—

(a)has the functions, powers and duties delegated to the Deputy Electoral Commissioner by the Commission or the Electoral Commissioner; and

(b)if the Electoral Commissioner is absent or unavailable to discharge the duties of his or her office or the office of Electoral Commissioner is temporarily vacant, has the duty to act in the office of Electoral Commissioner in which case the Deputy Electoral Commissioner has all the functions, powers and duties specified in subsection (1).

(3)The Electoral Commissioner and the Deputy Electoral Commissioner must before commencing the duties of office take an oath or make an affirmation to perform faithfully and impartially the duties of office.

(4)The oath or affirmation is to be administered by the Speaker.

17Staff

(1)Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.

(2)A person employed for the purposes of this Act must not nominate for election for the Parliament of Victoria or of the Commonwealth or of any other State or Territory of the Commonwealth.

17AApplication of the Equal Opportunity Act 2010

(1)In accordance with section 75 of the Equal Opportunity Act 2010, the Commission may discriminate against a person in relation to offering employment or appointment as a member of the audit committee of the Commission on the basis of that person's political belief or activity.

(2)The Commission, by notice published in the Government Gazette, must issue guidelines setting out the criteria to be applied in relation to refusing employment or appointment under subsection (1).

(3)In this section, employment has the same meaning as it has in the Equal Opportunity Act 2010.

18Election managers and election officials

(1)The Commission may appoint, for the purposes of this Act, appropriate persons to be—

(a)election managers; or

(b)election officials.

(2)A person appointed under this section must not while holding the appointment nominate for election for the Parliament of Victoria or of the Commonwealth or of any other State or Territory of the Commonwealth.

(3)If a person appointed under this section does not comply with subsection (2), the appointment of that person is revoked by virtue of this subsection.

(4)The powers and duties of a class of persons appointed under this section are—

(a)the powers and duties specified by or under this Act in respect of that class of persons; and

(b)any other powers and duties not inconsistent with this Act as may be specified by the Commission in the instrument of appointment of persons of that class.

(5)The Commission must pay persons appointed under this section the remuneration and allowances determined by the Commission.

(6)A reference in a provision of this Act which—

(a)provides for the giving of a document to; or

(b)confers a power or function on—

the election manager is to be taken to be a reference to the election manager appointed for the election for the region or district to which the provision applies.

(7)A reference in a provision of this Act which—

(a)provides for the giving of a document to; or

(b)confers a power or function on—

an election official is to be taken to be a reference to an election official of a class appointed for the election for the region or district to which the provision applies.

(8)In the case of a general election, the election manager for a district is also responsible for exercising all the duties and powers in relation to the conduct of the election for a region in so far as any part of any region lies within that district (whether an election is to be conducted for both or not) until—

(a)the votes from each voting centre have been counted; and

(b)the votes relating to the election for any region have been forwarded to the election manager for that region.

(9)If any duty or power is performed or exercised by the election manager for a district, the election manager for the region is not required to perform that duty or to exercise that power.

19Delegations

(1)Subject to subsection (2), the Commission may, by instrument under its common seal, delegate to—

(a)the Electoral Commissioner; or

(b)the Deputy Electoral Commissioner; or

(c)a member of staff employed under section 17; or

(d)an election manager or election official appointed under section 18—

any function or power of the Commission under this Act or any other Act or under the regulations.

(2)The Commission cannot delegate—

(a)its power of delegation; or

(b)the power to review an election manager's decision in respect of the registration of a how-to-vote card if an appeal has been made against the decision; or

(c)the power to allow or disallow a ballot-paper on a recount if the number of ballot-papers reserved under section 120(4) for the decision of the Commission may determine whether a particular candidate is declared elected.

(3)The Electoral Commissioner may by instrument delegate to—

(a)the Deputy Electoral Commissioner; or

(b)a member of staff employed under section 17; or

(c)an election manager or election official appointed under section 18—

any function or power of the Electoral Commissioner under this Act or any other Act or under the regulations other than this power of delegation.

19AMandatory notification of corrupt conduct to IBAC

(1)Subject to any exemption notice issued under section 57B of the Independent Broad‑based Anti-corruption Commission Act 2011, the Electoral Commissioner must notify the IBAC of any matter that the Electoral Commissioner suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Electoral Commissioner becomes aware in the performance of functions or duties or the exercise of powers under this Act or any other Act.

(2)This section does not apply to corrupt conduct of the IBAC or IBAC personnel.

19BConsultation prior to notification

For the purposes of deciding whether to make a notification under section 19A to the IBAC, the Electoral Commissioner may consult the IBAC.

19CCommunication of information to the IBAC

(1)At any time, the Electoral Commissioner may provide or disclose any information received or obtained in the course of the performance of functions or duties or the exercise of powers under this Act or any other Act to the IBAC if the Electoral Commissioner considers that—

(a)the information is relevant to the performance of the functions or duties or the exercise of powers of the IBAC; and

(b)it is appropriate for the information to be brought to the attention of the IBAC, having regard to the nature of the information.

(2)This section applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).

19DElectoral Commissioner not to prejudice investigations of the IBAC

(1)If the Electoral Commissioner is, or becomes, aware of an IBAC investigation, the Electoral Commissioner must take all reasonable steps to ensure that the performance of its functions or duties or the exercise of its powers does not prejudice the IBAC investigation.

(2)For the purposes of ensuring compliance with subsection (1), the Electoral Commissioner may consult the IBAC.

PART 3—ENROLMENT PROCEDURES AND INFORMATION

Division 1—Register of electors

20Arrangement with Commonwealth

The Governor in Council may arrange with the Governor-General of the Commonwealth for—

(a)a joint enrolment process; and

(b)the exchange of information necessary for the preparation, maintenance and revision of the register of electors and the rolls—

under this Act and the Commonwealth Electoral Act 1918.

21Register of electors for Victoria

The Commission must establish, maintain and regularly update a register of electors for Victoria.

22Entitlement to enrolment of electors for Assembly and Council

(1)A person who is qualified to enrol as an elector for the Assembly and Council under the Constitution Act 1975 and has lived at an address in Victoria that is the person's principal place of residence for at least one month immediately before the date of the person's claim for enrolment as an elector is entitled in respect of living at that address to enrol on the register of electors.

(2)A person who is serving a sentence of imprisonment or detention imposed by a court upon a conviction for an offence is deemed to be enrolled for the address at which the person lived as the person's principal place of residence at the time of the conviction.

(3)Despite subsection (1), if a person's name appears on a roll maintained under the Commonwealth Electoral Act 1918 for a Commonwealth subdivision in respect of an address in Victoria and that roll is annotated to indicate that the elector is an eligible overseas elector under section 94, 94A or 95 of the Commonwealth Electoral Act 1918, the person is entitled to be enrolled on the register of electors for that address.

(4)Despite subsection (1), if a person's name appears on a roll maintained under the Commonwealth Electoral Act 1918 in respect of an address in a Commonwealth subdivision in Victoria with which the person has established a connection under section 96 of that Act and that roll is annotated to indicate that the elector is an itinerant elector under section 96 of that Act, the person is entitled to be enrolled on the register of electors for that address.

(5)A person who has attained 17 years of age is entitled to enrol on the register of electors if—

(a)the person would be entitled to enrol under subsection (1) had the person attained 18 years of age; and

(b)the person has made a claim under section 23(2).

(6)An Antarctic elector is deemed to be enrolled for the address at which the Antarctic elector lived as his or her principal place of residence immediately before leaving Victoria for Antarctica.

23Claims for enrolment and notice of change of address

(1)A person who is entitled to enrol on the register of electors (other than under section 22(3), 22(4) or 22(5)) and whose name is not on the register of electors must within 21 days of becoming so entitled—

(a)complete and sign a claim for enrolment in the prescribed form in accordance with the directions on the form; and

(b)forward the claim for enrolment to the Commission.

Penalty:1 penalty unit.

(2)A person who is entitled to enrol on the register of electors under section 22(5) may—

(a)complete and sign a claim for provisional enrolment in the prescribed form in accordance with the directions on the form; and

(b)forward the claim for provisional enrolment to the Commission.

(3)A claim for enrolment under subsection (1) or (2) must include or be accompanied by one of the following forms of identification—

(a)if the person completing the claim is the holder of a driver licence or learner permit under the law of Victoria or another State or a Territory of the Commonwealth, the number of the driver licence or learner permit;

(b)if the person completing the claim is the holder of an Australian passport issued under the Australian Passports Act 2005 of the Commonwealth, the number of the Australian passport;

(c)an attestation as to the identity of the person completing the claim that is—

(i)in the prescribed form; and

(ii)signed by an elector;

(d)any other form of evidence of identity that is prescribed by the regulations for the purposes of this subsection.

(4)If a person who is enrolled on the register of electors changes the address of his or her principal place of residence, the person must notify the Commission in writing of the person's new address within 21 days after becoming entitled to be enrolled on the register of electors in respect of living at that new address.

Penalty:1 penalty unit.

(5)If a person forwards to the Commission—

(a)a claim for enrolment under subsection (1) or (2); or

(b)a notice of change of address—

proceedings must not be instituted against that person for any offence against subsection (1) or (4) allegedly committed before the forwarding of that claim or notice.

(6)The Commission must process a claim for enrolment under subsection (1) or (2) or a notice of change of address in accordance with the regulations.

(7)The Commission—

(a)may accept or reject a claim for enrolment under subsection (1) or (2); and

(b)must advise the person in writing of a decision to reject the claim.

(8)If the Commission sends a person a notice in writing under section 23A(2), proceedings must not be instituted against the person for any offence against subsection (1) which occurred before the Commission sent that notice.

23AEnrolment by the Commission

(1)This section applies if a person who would be entitled to enrol on the register of electors under section 22(5) has attained 18 years of age but has not made a claim for provisional enrolment under section 23(2).

(2)If a person to whom this section applies has not made a claim for enrolment within 21 days of becoming entitled to do so, the Commission may, on its own initiative after the expiry of that period, by notice in writing advise the person that—

(a)the Commission considers that, having regard to information obtained under an arrangement under section 20 or provided to the Commission under section 26(4), the person is entitled to be enrolled on the register of electors;

(b)the Commission proposes to enrol the person on the register of electors in respect of the person's principal place of residence as specified in the notice;

(c)the Commission will enrol the person on the register of electors unless, within the period specified in the notice (being not less than 14 days after the date of the notice), the person advises the Commission of the reason why the person is not entitled to be enrolled on the register of electors;

(d)if the person considers that any details of the proposed enrolment are incorrect, the person must within the period specified in the notice advise the Commission.

(3)If the Commission does not receive any advice under subsection (2)(c) or (2)(d) at the expiry of the period specified in the notice under subsection (2), the Commission must—

(a)register the person on the register of electors; and

(b)advise the person in writing that the person has been registered on the register of electors.

(4)If the Commission receives advice under subsection (2)(c) before the expiry of the period specified in the notice under subsection (2), the Commission must—

(a)consider whether the reason given as to why the person is not entitled to be enrolled is valid;

(b)if the Commission considers that the reason given as to why the person is not entitled to be enrolled is valid, advise the person in writing that the person will not be registered on the register of electors;

(c)if the Commission considers that the reason given as to why the person is not entitled to be enrolled is not valid—

(i)register the person on the register of electors; and

(ii)advise the person in writing that the person has been registered on the register of electors.

(5)If the Commission receives advice under subsection (2)(d) before the expiry of the period specified in the notice under subsection (2), the Commission, after making any corrections that the Commission considers appropriate, must—

(a)register the person on the register of electors; and

(b)advise the person in writing that the person has been registered on the register of electors.

24General postal voters

(1)A person may apply to the Commission in the prescribed form to be a general postal voter if the person is—

(a)an elector whose principal place of residence is not within 20 kilometres, by the nearest practicable route, of an election day voting centre; or

(aa)an elector who is entitled to be treated as an eligible overseas elector under section 94, 94A or 95 of the Commonwealth Electoral Act 1918; or

(b)an elector who by reason of being seriously ill or infirm is unable to travel to an election day voting centre; or

(c)an elector who, because he or she will be at a place (other than a hospital) caring for a person who is seriously ill or infirm, is unable to travel from that place to an election day voting centre; or

(ca)an elector who has attained 70 years of age; or

(d)an elector who—

(i)is serving a sentence of imprisonment; or

(ii)is otherwise in lawful custody or detention; or

(e)a silent elector; or

(f)an elector who because of his or her religious beliefs or membership of a religious order—

(i)is precluded from attending an election day voting centre; or

(ii)for the greater part of the hours of voting on election day, is precluded from attending an election day voting centre.

(2)An application in the prescribed form to the Commission to be a general postal voter may be made by a person on behalf of an elector certified in writing by a registered medical practitioner to be so physically incapacitated that the elector cannot sign the elector's name.

(3)The certificate referred to in subsection (2) must be forwarded to the Commission with the application under subsection (2) to which it relates.

(4)An application to be a general postal voter received by the Commission during the period that—

(a)starts at 8 p.m. on the day of the close of the roll; and

(b)ends at 6 p.m. on election day—

must not be considered until after the expiration of that period.

(5)The Commission must process an application to be a general postal voter in accordance with the regulations.

(6)The Commission—

(a)may accept or reject an application under subsection (1) or (2); and

(b)must advise the person in writing of a decision to reject the application.

25Power to refuse to include inappropriate names on register

(1)The Commission may refuse to include a person's name on the register of electors if—

(a)the Registrar of Births, Deaths and Marriages has determined that the name is a prohibited name within the meaning of the Births, Deaths and Marriages Registration Act 1996; or

(b)the Commission considers that—

(i)the name is fictitious, frivolous or obscene; or

(ii)the name is not the name by which the person is usually known; or

(iii)the name was not registered as the person's name under the Births, Deaths and Marriages Registration Act 1996 or the Registration of Births Deaths and Marriages Act 1959; or

(iv)the name is not written in the alphabet used for the English language; or

(v)it is contrary to the public interest to include the name.

(2)If the Commission decides to refuse to include a person's name on the register of electors under subsection (1), the Commission must—

(a)notify the person in writing of that decision; and

(b)advise the person that the person is entitled at any time within one month after the receipt of the notice to appeal to the Tribunal for an order directing that the person's name be included on the register of electors.

26Information to be supplied to Commission

(1)The Registrar of Births, Deaths and Marriages must within 3 days after the end of each month forward to the Commission a list setting out the name, date of birth, sex and the last-known place of residence at the date of the death, of each person of the age of 17 years or more whose death was registered by the Registrar of Births, Deaths and Marriages during the month.

(2)The Registrar of Births, Deaths and Marriages must within 3 days after the end of each month forward to the Commission a list of changes of names of persons under Part 4 of the Births, Deaths and Marriages Registration Act 1996 during the month showing—

(a)the previous recorded or registered name of each person; and

(b)the name under which that person is registered in the register of changes of name; and

(c)the address of that person.

(3)The Secretary to the Department of Justice must as soon as practicable after the beginning of each month forward to the Commission a list specifying the name, date of birth, sex and last known place of residence, of each person who during the preceding month has been convicted in Victoria and is serving a sentence of 5 years imprisonment or more for an offence against the law of Victoria, the Commonwealth or another State or a Territory of the Commonwealth.

(4)The Commission may by notice in writing require—

(a)a public service body Head within the meaning of the Public Administration Act 2004; or

(b)a Chief Executive Officer appointed by a Council under section 44 of the Local Government Act 2020; or

(c)a chief executive officer of a public statutory authority; or

(d)a police officer; or

(e)a distribution company or a retailer within the meaning of the Electricity Industry Act 2000; or

(f)an elector or a person qualified to be an elector—

to provide the information requested in the notice, being information that in the opinion of the Commission is required in connection with the preparation, maintenance or review of the register of electors.

(5)A person who is requested by notice under subsection (4) to provide information must provide that information within 21 days after the date specified in the notice.

27Review of register of electors

(1)The Commission must regularly review the register of electors.

(2)The Commission must ensure that the details entered in the register of electors are accurate.

28Register of electors not available for public inspection

The Commission must ensure that the register of electors is not available for public inspection.

Division 2—Electoral rolls

29Electoral rolls

(1)An electoral roll—

(a)must be prepared by the Commission as soon as practicable after the close of the roll in relation to an election; and

(b)must be prepared by the Commission when so required under any other Act; and

(c)may be in a form determined by the Commission.

(2)Despite section 23(2), a person who will not attain 18 years of age on election day for an election is not entitled to be included on an electoral roll prepared by the Commission in relation to the election.

(3)The Commission must not include on an electoral roll prepared under subsection (1)(a)—

(a)the names of any electors whose claims for enrolment have been received by the Commission after the close of the roll; or

(aa)the names of any electors registered on the register of electors under section 23A by the Commission after the close of the roll; or

(b)any changes to particulars which have been received by the Commission after the close of the roll.

30Correction of errors in electoral rolls

(1)If any accidental or unavoidable impediment, misfeasance or omission has happened in the preparation or printing of any electoral roll under this Part, the Governor in Council may by Order in Council—

(a)take the measures necessary for removing the impediment or rectifying the misfeasance or omission; or

(b)declare the electoral roll to be valid despite the impediment, misfeasance or omission.

(2)The Order in Council must state specifically the nature of the impediment, misfeasance or omission.

31Request to be silent elector

(1)A person may lodge a request in the prescribed form that the address of the person's principal place of residence not be shown on any electoral roll if the person considers that having that address on an electoral roll places or would place the personal safety of the person or of members of the person's family at risk.

(2)A request must—

(a)give particulars of the relevant risk; and

(b)be verified by statutory declaration by the person making the request.

(3)If the Commission is satisfied that having the address of the person making the request shown on any electoral roll places or would place the personal safety of the person or members of the person's family at risk, the Commission must ensure that the address of the person is not entered on any electoral roll.

(4)The Commission must notify the person in writing of a decision to grant or refuse a request made by a person under subsection (1).

32Inspection of list of electors and electoral rolls

(1)The Commission must prepare every 6 months a list of the names of electors (other than silent electors) in alphabetical order and their addresses.

(2)The Commission must ensure that copies of the latest list of electors are available for public inspection free of charge at the office of the Commission during office hours.

(3)The Commission must ensure that copies of the latest print of any electoral roll are available for public inspection free of charge at any place and during times determined by the Commission.

Division 3—Enrolment information

33Provision of enrolment information to political parties, members and candidates

(1)The Commission must provide to each registered political party, free of charge, a list specifying electors and their particulars—

(a)once during each Assembly; and

(b)as soon as practicable after a redivision under the Electoral Boundaries Commission Act 1982; and

(c)on receiving a request from the registered political party not more than 11 times each year.

(2)The Commission must provide to each member of the Assembly and each member of the Council, free of charge, a list specifying electors for the district or region for which the member was elected and the electors' particulars—

(a)once during each Assembly; and

(b)on receiving a request from the member not more than once each year.

(3)Following a redivision under the Electoral Boundaries Commission Act 1982, the Commission must provide each member of the Assembly, free of charge, a list specifying electors for the district for which the member was elected and a list specifying electors for the district whose name and boundary is published under section 15 of that Act after the redivision and that, in the opinion of the Commission, most resembles the district for which the member was elected and the particulars of the electors on both lists—

(a)as soon as practicable after the redivision; and

(b)on receiving a request from the member not more than once each year until the Assembly is dissolved.

(4)Following a redivision under the Electoral Boundaries Commission Act 1982, the Commission must provide each member of the Council, free of charge, a list specifying electors for the region for which the member was elected and a list specifying electors for the region whose name and boundary is published under section 14 of that Act after the redivision and that, in the opinion of the Commission, most resembles the region for which the member was elected and the particulars of the electors on both lists—

(a)as soon as practicable after the redivision; and

(b)on receiving a request from the member not more than once each year until the Assembly is dissolved.

(5)On the request of a member of the Assembly or Council, the Commission must provide to the member at least 6 times each year free of charge—

(a)a list specifying electors whose addresses for which they are enrolled were in the district or region represented by the member immediately before a list was last provided under this subsection but are now no longer in that district or region and the particulars of those electors; and

(b)a list specifying electors whose addresses for which they are enrolled were not in the district or region represented by the member immediately before a list was last provided under this subsection but are now in that district or region and the particulars of those electors.

(6)On the request of any candidate for an election, the Commission must provide to the candidate, free of charge, a copy of the electoral roll for the election in a form determined by the Commission.

(7)The Commission must not provide particulars of silent electors under this section.

34Provision of enrolment information to others

(1)After receiving a request from any person or organisation not referred to in section 33 for a list of electors and their particulars, the Commission must—

(a)identify the public interest in providing the requested information; and

(b)consult with the Information Commissioner appointed under the Freedom of Information Act 1982 in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014, on the public interest in protecting the privacy of personal information; and

(c)taking into account the advice of the Information Commissioner, make a finding whether or not the public interest in providing the requested information outweighs the public interest in protecting the privacy of personal information in the particular circumstances.

(2)Subject to subsection (3), if the Commission has made a finding under subsection (1) that the public interest in providing the requested information outweighs the public interest in protecting the privacy of personal information, the Commission may—

(a)provide to the person or organisation a list specifying electors and their particulars; and

(b)charge a fee that covers the cost to the Commission of providing the list.

(3)The Commission must obtain from the person or organisation to be provided with information under this section an undertaking that the person or organisation will—

(a)only use the information for the purpose for which the Commission agreed to provide the information; and

(b)not copy the information or give it to any other person or organisation; and

(c)return the information to the Commission or destroy the information after using it for the purpose for which the Commission agreed to provide the information.

(4)If the Commission provides enrolment information under this section—

(a)to a person or organisation that conducts medical research; or

(b)to a person or organisation that provides a health screening program—

the Commission may include in the enrolment information the age ranges of electors in a form determined by the Commission.

(5)The Commission must not provide particulars of silent electors under this section.

(6)The Commission must make available for public inspection, free of charge, at the office of the Commission, any finding made under subsection (1).

35Report to Parliament

As soon as practicable after 30 June each year, the Commission must cause a report to be laid before each House of Parliament on the provision of enrolment information under section 34 and on any finding made under that section during the previous 12 months ending on that date.

36Use of enrolment information

(1)A registered political party, person or organisation must not use enrolment information that is provided by the Commission under section 33 or 34 except for the purpose that is a permitted purpose in relation to the party, person or organisation to which the information was provided.

Penalty:In the case of a natural person, 600 penalty units;

In the case of a body corporate or registered political party, 3000 penalty units.

Note

Section 179A applies to an offence against this subsection.

(2)The permitted purposes in relation to a registered political party or a candidate are—

(a)any purpose in connection with an election; and

(b)monitoring the accuracy of information contained on an electoral roll or on the register of electors.

(3)The permitted purposes in relation to a member of the Assembly or the Council are—

(a)any purpose in connection with an election; and

(b)monitoring the accuracy of information contained on an electoral roll or on the register of electors; and

(c)exercising the functions of a member in relation to the member's constituents.

(4)The permitted purpose in relation to a person or organisation (other than a registered political party, a candidate or a member of the Assembly or the Council) is the purpose for which the Commission agreed to provide the information.

37Prohibition of disclosure or commercial use of enrolment information

(1)For the purposes of this section, enrolment information is protected information in relation to a person if the person knows, or has reasonable grounds for believing, that the information has been provided under section 33, 34 or 104A.

(2)A person must not disclose protected information unless the disclosure would be a use of the information for a permitted purpose under section 36.

Penalty:In the case of a natural person, 600 penalty units;

In the case of a body corporate or registered political party, 3000 penalty units.

(3)A person must not use protected information for a commercial purpose.

Penalty:In the case of a natural person, 600 penalty units;

In the case of a body corporate or registered political party, 3000 penalty units.

Note

Section 179A applies to an offence against subsection (2) or (3).

Division 4—Enrolment objections and Tribunal reviews

38Objections to enrolment

(1)An elector may object to the enrolment of a person on the ground that—

(a)the person is not entitled to be enrolled; or

(b)the address for which a person is enrolled is not the person's principal place of residence.

(2)An elector's objection under subsection (1) must—

(a)be in writing and in the prescribed form; and

(b)be signed by the elector; and

(c)set out the ground for the objection; and

(d)be lodged with the Commission.

(3)If no objection to a person's enrolment has been received under subsection (1) and the Commission has reason to believe that the person is not entitled to be enrolled or that the address for which the person is enrolled is not the person's principal place of residence, the Commission must—

(a)object to the enrolment of the person; and

(b)set out the ground for that objection.

(4)An objection on the ground that the address for which a person is enrolled is not the person's principal place of residence is not a sufficient ground of objection unless the objection alleges that the person objected to does not live at the address and has not lived at the address for at least one month immediately before the date of the objection.

39Notice of objection

(1)If an objection is made under section 38, the Commission must notify the person whose enrolment is objected to of the objection.

(2)Notice under subsection (1)—

(a)must be in the prescribed form; and

(b)may be given to the person objected to by being posted to the person.

40Answer to objection

The person objected to under section 38 may orally or in writing in the manner specified in the notice of objection answer the objection.

41Determination of objection

(1)The Commission must determine the objection—

(a)as soon as practicable after—

(i)receiving the answer of the person objected to; and

(ii)making any further enquiries that appear necessary to the Commission in relation to matters contained in the answer; or

(b)if no answer is received within a period of 20 days after the posting of the notice, then immediately after the expiration of that period.

(2)If it appears to the Commission that the person objected to is not entitled to be enrolled at the address in respect of which the objection has been made, the Commission must remove the person's name from the register of electors.

42Review by Tribunal

(1)Any person—

(a)who has forwarded a claim for enrolment or a claim for provisional enrolment and has not been enrolled; or

(b)who has forwarded a notice regarding his or her change of address of enrolment and whose address has not been changed on the register of electors; or

(c)whose name the Commission refused to include on the register of electors under section 25; or

(d)whose name has been removed from the register of electors by the Commission after an objection under section 38—

may apply to the Tribunal for review of the Commission's decision.

(2)An application for review must be made within 28 days after the later of—

(a)the day on which the decision is made; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

PART 4—REGISTRATION OF POLITICAL PARTIES

43Register of Political Parties

The Commission must establish and maintain a Register of Political Parties containing a list of the political parties that are registered under this Part.

44Registered officer of a political party

(1)Subject to subsection (2), a reference in this Act to the registered officer of a registered political party is a reference to the person shown on the Register of Political Parties as the registered officer of that party.

(2)A reference in this Act to the registered officer of a registered political party includes a reference to a person for the time being nominated by the registered officer of a political party as a deputy registered officer of the political party for the purposes of this Act.

(3)A nomination under subsection (2)—

(a)must be in writing, signed by the registered officer and lodged with the Commission; and

(a)produce the documents or other things specified in the notice within the period and in the manner specified in the notice; or

(b)appear before the compliance officer at a time and place specified in the notice to—

(i)give evidence either orally or in writing; and

(ii)produce the documents or other things specified in the notice.

(3)A notice under this section—

(a)must be in writing; and

(b)may be served personally or by post.

222CReview of decision to issue notice

(1)A person who is served with a notice under section 222B may request the Commission to review the decision of the compliance officer to issue the notice.

(2)A request under subsection (1) must—

(a)be in writing; and

(b)be given to the Commission within 14 days of the day on which the notice was received.

(3)The Commission must—

(a)review the decision of the compliance officer to issue the notice; and

(b)affirm, vary or set aside the decision; and

(c)notify the person in writing of its decision on the review.

(4)If a person requests a review of a decision, the person is not to be taken to have refused or failed to comply with the notice to which the review relates any time before the Commission has notified the person of its decision on the review.

222DOffences in relation to notice issued under section 222B

(1)A person who refuses to comply with a notice issued under section 222B to the extent that the person is capable of complying is guilty of an offence.

Penalty:200 penalty units.

(2)A person who in purported compliance with a notice issued under section 222B gives evidence that contains particulars that are, to the knowledge of the person, false or misleading in a material particular is guilty of an offence.

Penalty:200 penalty units.

222DA  Electronic lodgement of disclosure returns and annual returns

(1)The Commission may determine procedures in relation to the lodging of disclosure returns and annual returns.

(2)Procedures under subsection (1) must be published by the Commission on its Internet

site.

(3)A disclosure return or an annual return lodged in accordance with procedures determined under subsection (1) is to be taken to have been provided to the Commission in accordance with this Act.

222DB   Review to be conducted

(1)The Minister must cause an independent review of the operation of the amendments of this Act made by the Electoral Legislation Amendment Act 2018 (the 2018 amendments) to be conducted by an expert panel appointed under section 222DC.

(2)The review must be completed within 12 months after 25 November 2022.

(3)The review must examine and make recommendations in relation to the following—

(a)whether this Act should be further amended to provide for a cap on political expenditure and if so—

(i)whether the cap should apply generally or to specific persons or entities;

(ii)the value of the cap;

(iii)the consequences of a failure to comply with the cap;

(b)the impact of the 2018 amendments upon third party campaigners, small community groups and not-for-profit entities;

(c)the operation of the disclosure scheme given effect to by the 2018 amendments including, but not limited to, the operation of disclosure returns;

(d)the effectiveness of the 2018 amendments so far as they relate to electronic assisted voting.

(4)The review may examine and make recommendations in relation to contemporary trends and issues in respect of the electoral funding including, but not limited to, the funding of political parties or candidates (however described).

(5)The Minister must cause a copy of a report of the review to be laid before each House of Parliament on or before 10 sitting days after the day on which the review is completed.

(6)If the review recommends that this Act be amended, the Minister must use the Minister's best endeavours to ensure that the Act is amended in accordance with the recommendations before the general election to be held in November 2026.

222DC  Review to be conducted by expert panel

(1)The review of the 2018 amendments must be conducted by an expert panel comprised of 3 members appointed by the Minister.

(2)Before appointing the expert panel, the Minister must propose 3 members to the Electoral Matters Committee established under section 5 of the Parliamentary Committees Act 2003, each of whom must have experience in one or more of the following areas—

(a)community advocacy and engagement;

(b)legal and regulatory compliance;

(c)contemporary issues relating to electoral funding.

(3)A proposed member must not be any of the following—

(a)a current employee of a public service body, a public entity or a special body (within the meaning of the Public Administration Act 2004);

(b)a current employee or executive of a registered political party;

(c)the current Electoral Commissioner or an employee or other member of staff of the Commission;

(d)a current or former Member of the Parliament of Victoria.

(4)The Electoral Matters Committee may, within 30 days of receiving advice of 3 proposed members of the expert panel from the Minister, veto one or more of the proposed members.

(5)If the Electoral Matters Committee vetoes one or more of the proposed members, the Electoral Matters Committee must propose 2 alternative member for each vetoed proposed member, each of whom—

(a)must have experience in an area specified in paragraph (2)(a), (b) or (c); and

(b)must not be a person specified in subsection (3).

(6)If the Electoral Matters Committee proposes 2 alternative members for a vetoed proposed member, the Minister must appoint one of the alternative members instead of appointing the proposed vetoed member, unless the alternative member does not satisfy the requirements of subsection (5)(a) and (b), in which case the Minister must ask the Electoral Matters Committee to propose another member.

(7)In conducting the review, the expert panel may inform itself as it sees fit, having regard to appropriate privacy considerations relating to electronic assisted voting.

Subdivision 2—Register of Nominated Entities

222ERegister of Nominated Entities

(1)The Commission must establish and maintain a register, to be known as the Register of Nominated Entities, in accordance with this Division.

(2)The Commission must publish the Register of Nominated Entities on its Internet site.

222FNomination and eligibility for appointment as nominated entity

(1)A registered political party may appoint an entity as the nominated entity of the registered political party.

(2)Subject to subsection (3), an entity is eligible to be appointed as the nominated entity of a registered political party if the entity is an incorporated body—

(a)that is controlled, within the meaning of section 50AA of the Corporations Act, by the registered political party; and

(b)that—

(i)operates for the sole benefit of the members of the registered political party; or

(ii)is established and maintained, or is the trustee of a trust established and maintained, for the sole benefit of the members of the registered political party; and

(c)that does not have voting rights in the registered political party.

(3)Despite subsection (2), if the first appointment of an entity as the nominated entity of a registered political party is made before 1 July 2020, an entity is eligible to be appointed as the nominated entity of the registered political party if the entity is an incorporated body—

(a)that—

(i)operates for the principal benefit of the members of the registered political party; or

(ii)is established and maintained, or is the trustee of a trust established and maintained, for the principal benefit of the members of the registered political party; and

(b)that does not have voting rights in the registered political party.

(4)Despite subsection (1), an entity is not eligible to be appointed as the nominated entity of a registered political party if—

(a)the entity is currently the nominated entity of another registered political party; or

(b)the entity, or an officer of the entity within the meaning of section 9 of the Corporations Act, has been convicted of an offence under Part 12 of this Act; or

(c)the appointment of another entity as the nominated entity of the registered political party is in effect.

222GAppointment as nominated entity

(1)A registered political party may provide written notice of the appointment of an entity as its nominated entity to the Commission, in the form and manner determined by the Commission, specifying—

(a)the name and address of the registered political party; and

(b)the name and address of the entity; and

(c)such other information as is determined by the Commission.

(2)An entity appointed as the nominated entity of a registered political party must provide to the Commission—

(a)written notice, in the form and manner determined by the Commission, that the entity consents to the appointment; and

(b)a declaration, duly executed by the entity, stating that the entity is eligible to be appointed as the nominated entity of the registered political party.

222HWhen does an appointment as a nominated entity take effect?

(1)If a registered political party has provided written notice of the appointment of an entity as its nominated entity under section 222G(1), the Commission must enter the name and address of the nominated entity as the nominated entity of the registered political party on the Register of Nominated Entities if—

(a)the entity has provided written notice to the Commission under subsection 222G(2) that it consents to the appointment and is eligible to be appointed; and

(b)the Commission is satisfied that the entity is eligible to be appointed as the nominated entity of the registered political party.

(2)The appointment of the entity as the nominated entity of the registered political party takes effect when the Commission enters the name and address of the entity, and the registered political party of which the entity is the nominated entity, on the Register of Nominated Entities.

(3)The Commission may request that an entity provide the Commission with any evidence it requires to satisfy itself that the entity is eligible to be appointed as the nominated entity for a registered political party.

222IWhen does an appointment as a nominated entity cease?

(1)The appointment of an entity as the nominated entity of a registered political party ceases if the Commission removes the name and address of the entity, as the nominated entity of the registered political party, from the Register of Nominated Entities.

(2)The Commission may only remove the name and address of an entity from the Register of Nominated Entities if—

(a)the entity provides the Commission with a written notice stating that the entity has resigned as the nominated entity, or provides the Commission with a notice under subsection (3) that the entity has ceased to be eligible to be the nominated entity; or

(b)the registered political party that appointed the entity provides the Commission with a written notice stating that the registered political party has revoked the appointment of the nominated entity; or

(c)the entity, or an officer of the entity within the meaning of section 9 of the Corporations Act, is convicted of an offence against this Part or Part XX of the Commonwealth Electoral Act 1918.

(3)The nominated entity of a registered political party must provide written notice to the Commission within 7 days of the nominated entity ceasing to be eligible to be the nominated entity of the registered political party.

Division 5—Repeals

223Repeals

Division 19 of Part V and the Sixteenth, Seventeenth and Eighteenth Schedules of The Constitution Act Amendment Act 1958 are repealed.

PART 13—TRANSITIONAL PROVISION

224Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Electoral Reform

Despite the commencement of section 93 of the Local Government Amendment (Improved Governance) Act 2015, this Act continues to apply to any election under the Local Government Act 1989 or the City of Melbourne Act 2001 before the next general election on 22 October 2016 as if the amendments made by section 93 of the Local Government Amendment (Improved Governance) Act 2015 had not been made.

SCHEDULES

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 .

4.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     .

Signature

SCHEDULE 1A

FORM OF BALLOT-PAPER FOR THE COUNCIL

(FEWER THAN 20 GROUPS)

Section 74(3A)

For your vote to count, you must vote in either one of the two ways described below

D I R E C T	________ EITHER ________	Place the number 1 in one, and one only of these squares to indicate your choice.	A            B          C          D o   OR    o   OR    o   OR   o  2 and 5    2 and 5     2 and 5      2 and 5					Ballot‑paper Region of [4] Election of 5 members of the Legislative Council
I O N S	________ OR ________	Place the numbers 1 to at least 5 in these squares to indicate your choice.	o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3	o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3	o 1 3 o 1 3 o 1 3	o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3	Ungrouped o 1 3 o 1 3 o 1 3 o 1 3 o 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.

5.Here insert any logo registered in relation to the registered political party or any logos in relation to the registered political parties forming a composite name.

Fold the ballot-paper and put it in the ballot-box or declaration envelope, as appropriate.

SCHEDULE 1B

FORM OF BALLOT-PAPER FOR THE COUNCIL

(20 OR MORE GROUPS)

Section 74(3AA)

For your vote to count, you must vote in either one of the two ways described below

D I R E C T I O N S	________ EITHER ________	Place the number 1 in one, and one only of these squares to indicate your choice.	A           B  L o    OR    o    OR    ..     OR     o  2 and 5     2 and 5                   2 and 5	Ballot-paper Region of [4] Election of 5 members of the Legislative Council
			M           N  Z o    OR    o    OR    ...    OR     o  2 and 5        2 and 5                   2 and 5
	________ OR ________	Place the numbers 1 to at least 5 in these squares to indicate your choice.	A           B  L o 13     o 13       ...         o 13 o 13     o 13       ...         o 13 o 13     o 13       ...         o 13 o 13     o 13       ...         o 13 o 13     o 13       ...         o 13 o 13     o 13       ...         o 13
			M           N  Z o 13     o 13       ...         o 13 o 13     o 13       ...         o 13 o 13     o 13       ...         o 13 o 13     o 13       ...         o 13 o 13     o 13       ...         o 13 o 13     o 13       ...         o 13	Ungrouped o 13 o 13 o 13 o 13 o 13

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.

5.Here insert any logo registered in relation to the registered political party or any logos in relation to the registered political parties forming a composite name.

Fold the ballot-paper and put it in the ballot-box or declaration envelope, as appropriate.

SCHEDULE 2

FORM OF BALLOT-PAPER FOR THE ASSEMBLY

Section 74(3)

Ballot-Paper

District of

Number the boxes from 1 to [2, 3, 4, 5 . . . . as the case may be] in the order of your choice.

Number every box to make your vote count.

[Insert names of candidates and registered political parties, and any logo registered in relation to a registered political party, as required by section 74]

Fold the ballot-paper and put it in the ballot-box or declaration envelope, as appropriate.

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  

SCHEDULE 4

FORM OF BALLOT-PAPER FOR A REFERENDUM

ELECTORAL DISTRICT OF

REFERENDUM ON PROPOSED BILL

Directions to Voter

If you approve of the proposed Bill, write "YES" in 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.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 21 March 2002

Legislative Council: 28 May 2002

The long title for the Bill for this Act was "to re-enact with amendments the law relating to Victorian elections, to amend The Constitution Act Amendment Act 1958 and consequentially amend certain other Acts and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 21 March 2002

Legislative Council: 28 May 2002

Absolute majorities:

Legislative Assembly: 15 May 2002

Legislative Council: 30 May 2002

The Electoral Act 2002 was assented to on 12 June 2002 and came into operation on 1 September 2002: Government Gazette 29 August 2002 page 2333.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Electoral Act 2002 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Constitution (Parliamentary Reform) Act 2003, No. 2/2003 (as amended by Nos 38/2005, 44/2006)

Assent Date:	8.4.03
Commencement Date:	Ss 20–22 on 8.4.03: Special Gazette (No. 57) 8.4.03 p. 1; ss 23–43 on 31.10.06: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Electoral (Amendment) Act 2003, No. 91/2003

Assent Date:	25.11.03
Commencement Date:	26.11.03: s. 2
CurrentState:	All of Act in operation

Gambling Regulation Act 2003, No. 114/2003

Assent Date:	16.12.03
Commencement Date:	S. 12.1.3(Sch. 6 item 4) on 1.7.04: Government Gazette 1.7.04 p. 1843
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Monetary Units Act 2004, No. 10/2004

Assent Date:	11.5.04
Commencement Date:	S. 15(Sch. 1 item 6) on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Electoral Legislation (Amendment) Act 2004, No. 85/2004

Assent Date:	23.11.04
Commencement Date:	S. 3 on 24.11.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 62) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 35) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Electoral Legislation (Further Amendment) Act 2005, No. 38/2005

Assent Date:	27.7.05
Commencement Date:	Ss 3–13 on 28.7.05: s. 2
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 17) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 12) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Electoral and Parliamentary Committees Legislation (Amendment) Act 2006, No. 44/2006

Assent Date:	25.7.06
Commencement Date:	Ss 3–10 on 26.7.06: s. 2
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 18) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 20) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Electoral Amendment (Electoral Participation) Act 2010, No. 41/2010

Assent Date:	3.8.10
Commencement Date:	20.8.10: Government Gazette 19.8.10 p. 1799
CurrentState:	All of Act in operation

Equal Opportunity Amendment Act 2011, No. 26/2011

Assent Date:	21.6.11
Commencement Date:	S. 35 on 1.8.11: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	Ss 172, 173 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 307 on 11.2.13: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013

Assent Date:	13.3.13
Commencement Date:	Ss 18–21 on 14.3.13: s. 2
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Justice Legislation Amendment Act 2013, No. 31/2013

Assent Date:	4.6.13
Commencement Date:	S. 5 on 5.6.13: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 35) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Electoral Act 2002

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 50) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Electoral Act 2002

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:	27.6.14
Commencement Date:	S. 33(Sch. item 9) on 30.6.14: s. 2(5)
Current State:	This information relates only to the provision/s amending the Electoral Act 2002

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 15) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Electoral Act 2002

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	S. 56(Sch. 1 item 4) on 17.6.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Electoral Act 2002

Local Government Amendment (Improved Governance) Act 2015, No. 53/2015

Assent Date:	27.10.15
Commencement Date:	Ss 93, 94 on 1.3.16: Special Gazette (No. 25) 23.2.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date:	31.5.16
Commencement Date:	S. 79 on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 8) on 1.9.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 45) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Electoral Act 2002

Electoral Legislation Amendment Act 2018, No. 30/2018

Assent Date:	31.7.18
Commencement Date:	Ss 3–45 on 1.8.18: s. 2(1); s. 47(2) on 1.8.18: s. 2(2); ss 46, 47(1), 48–66 on 25.11.18: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 30.1) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 30.2) on 1.7.21: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	Ss 18–27 on 1.6.22: s. 2(7)
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 8) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Electoral Act 2002

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3   Explanatory details

No entries at date of publication.