Electoral (Amendment) Act 2003 (Vic)

Electoral (Amendment) Act 2003

ts	Act No. 91/2003
n
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m	TABLE OF PROVISIONS

u Section Page

c	1.	Purpose	1
o	2.	Commencement	1
D	3.	Delegations	2
ry	4.	Electoral rolls	2
5.	Determination of objection	2
ta	6.	Liquor not to be supplied on election day on premises used as
voting centre	3
n	7.	Provision for persons unable to write	3
e	8.	Absent voting	3
m	9.	Distribution of printed electoral material	4
ia	10.	Definition of "relevant licence"	4
rl	11.	Related companies	4

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P	ENDNOTES	5
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c
o	Victoria
D
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n	No. 91 of 2003
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ia	†

Electoral (Amendment) Act 2003

rl

a	[Assented to 25 November 2003]
P
d
n
a
n	The Parliament of Victoria enacts as follows:
o
ti
la	1. Purpose
is	The purpose of this Act is to make various
g	amendments to the Electoral Act 2002.
e
L	2. Commencement
n	This Act comes into operation on the day after the
a
ri	day on which it receives the Royal Assent.
to
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Electoral (Amendment) Act 2003

s. 3

Act No. 91/2003

3. Delegations

See:	In section 19(2)(c) of the Electoral Act 2002,
Act No.
ts	23/2003.	after "recount" insert "if the number of ballot-
Reprint No. 1
n	as at
papers reserved under section 120(4) for the
e	8 April 2003.	decision of the Commission may determine
LawToday:	whether a particular candidate is declared
m
u	dpc.vic.
gov.au
elected".
c
o
D	4. Electoral rolls
ry	In section 29(3) of the Electoral Act 2002—

ta	(a)	in paragraph (a), for "who have been added
n	to the register of electors" substitute "whose
e	claims for enrolment have been received by
m	the Commission";

ia	(b) in paragraph (b), for "changed on the register
rl	of electors" substitute "received by the
a	Commission".
P

5. Determination of objection

d

n	For section 41(1)(a) of the Electoral Act 2002
a	substitute—
n	"(a) as soon as practicable after—
o
ti	(i) receiving the answer of the person
la	objected to; and
is	(ii) making any further enquiries that
g	appear necessary to the Commission in
e	relation to matters contained in the
L	answer; or".
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Electoral (Amendment) Act 2003

s. 6

Act No. 91/2003

6.  Liquor not to be supplied on election day on premises used as voting centre

ts	After section 66(3) of the Electoral Act 2002
n	insert—
e	"(4) Despite the issue of a limited licence under
m	section 14 of the Liquor Control Reform
u	Act 1998, if a voting centre is appointed in
c	any premises which is part of an area in
o	respect of which the supply of liquor is
D	authorised by the limited licence, liquor may
ry	not be supplied under the limited licence in
ta	that area during the hours of voting on
election day.".
n
e	7. Provision for persons unable to write
m	For section 95(1) of the Electoral Act 2002
ia
rl	substitute—
a	"(1) Subject to sub-section (2), a person who is
P	required under this Part to sign the person's name and who is unable to write may—
d
n	(a) make the person's distinguishing mark
a	and have it witnessed by another
n	person; or
o

ti	(b)	request another person to note on the
la	declaration or application to vote by
post that the person who is required to
is	sign his or her name is unable to do so
g	by reason of physical incapacity.".
e

L	8. Absent voting
n	After section 109(1) of the Electoral Act 2002
a
ri	insert—
to	"(1A) In relation to voting at an election by an

absent voter, sections 90 to 96 apply, as far

ic	as relevant, if it is possible to record a mark
V	against the absent voter's name on the electoral roll.

Electoral (Amendment) Act 2003

s. 9

Act No. 91/2003

(1B) If it is not possible to record a mark against

the absent voter's name on the electoral roll,

ts	sub-sections (2) to (8) apply.".
n	9. Distribution of printed electoral material
e	In section 156(1) of the Electoral Act 2002, after
m	"hours of voting" insert "on election day".
u
c	10. Definition of "relevant licence"
o	(1) In section 206(1) of the Electoral Act 2002, in the
D	definition of "relevant licence"—
ry	(a) in paragraph (b), after "1991;" insert "or";
ta	(b) after paragraph (b) insert—
n
e	"(c) section 12 or 20 of the Gaming and
m	Betting Act 1994;".
ia	(2) After section 206(4) of the Electoral Act 2002
rl	insert—
a	"(5) This section, as amended by section 10 of the
P	Electoral (Amendment) Act 2003, applies
d	in relation to any political donation made
n	after the commencement of section 10 of that
a	Act.".
n
o	11. Related companies
ti	For section 216(3) of the Electoral Act 2002
la	substitute—
is	"(3) For the purposes of this section, a company
g
e	is a related company if it is a related body
L	corporate within the meaning of section 50 of the Corporations Act.
n
a	(4) This section, as amended by section 11 of the
ri	Electoral (Amendment) Act 2003, applies
to	in relation to any political donation whether
ic	made before, on or after the commencement
V	of section 11 of that Act.".

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Electoral (Amendment) Act 2003

Endnotes

Act No. 91/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 9 October 2003
e
Legislative Council: 6 November 2003
m
u	The long title for the Bill for this Act was "to amend the Electoral Act
c	2002 and for other purposes."
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