Electoral (Amendment) Regulations 2006 (Vic)

Electoral (Amendment) Regulations 2006

S.R. No. 89/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Amendment of regulation 16—How-to-vote card declaration

6.Amendments of regulation 18—Endorsement of how-to-vote card

7.New regulation 18A inserted

18A.Minimum size of logo, emblem or insignia

8.Amendment of section 24—Forwarding of early votes from Antarctica

9.Amendment of regulation 29—Forwarding of absent vote envelopes

10.Amendment of regulation 37—Ballot material to be secured
and stored

11.Amendment of regulation 38—Notice to elector who has apparently failed to vote

12.Amendment of regulation 40—Official mark on ballot-papers

13.Amendment to Form C—Application to be a general postal
voter

14.Form G substituted—Nomination of a candidate for the Legislative Assembly/Council

Form G—Nomination of a Candidate for the Legislative Assembly/Council

15.Amendment to Form H—How-to-vote card declaration

16.Amendments to Form I—Multiple electorate how‑to‑vote card declaration form

17.Amendment to Form J—Declaration as to identity

18.Amendments to Form K—Application for a postal vote

19.Amendments to Form L—Declaration of postal voter

20.Amendments to Form M—Vote under section 108

21.Amendment to Form N—Statement to persons claiming a vote under section 108

22.Amendments to Form O—Absent and section 110 vote

23.Form P substituted—Apparent failure to vote

Form P—Apparent Failure to Vote

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 89/2006

Electoral Act 2002

Electoral (Amendment) Regulations 2006

The Governor in Council, on the recommendation of the Victorian Electoral Commission, makes the following Regulations:

Dated: 12 July 2006

Responsible Minister:

ROB HULLS
Attorney-General

JUSTINE FRANKLIN

Acting Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Electoral Regulations 2002 to—

(a)provide a minimum size for any logo, emblem or insignia appearing on a how‑to‑vote card;

(b)update the Forms as a consequence of changes in terminology in the Electoral Act 2002;

(c)improve the operation of the Electoral Regulations 2002.

2.Authorising provision

These Regulations are made under section 184 of the Electoral Act 2002.

3.Commencement

(1)Regulations 1 to 7, 11, 12, 13 and 23 come into operation on 17 July 2006.

(2)The remaining provisions of these Regulations come into operation on the day on which the provisions of the Constitution (Parliamentary Reform) Act 2003 specified in section 2(3) of that Act come into operation.

4.Principal Regulations

In these Regulations, the Electoral Regulations 2002[1] are called the Principal Regulations.

5.Amendment of regulation 16—How-to-vote card declaration

In regulation 16 of the Principal Regulations after "registration" insert "by the Commission".

6.Amendments of regulation 18—Endorsement of how-to-vote card

(1)Regulation 18(1) of the Principal Regulations is revoked.

(2)In regulation 18(2) of the Principal Regulations for "registration to" substitute "registration by".

7.New regulation 18A inserted

After regulation 18 of the Principal Regulations insert—

"18A.Minimum size of logo, emblem or insignia

For the purposes of sections 79(2)(b) and 80(4)(b) of the Act, the prescribed size of any logo, emblem or insignia belonging to the person, political party, organisation or group on whose behalf a how-to-vote card is to be distributed appearing on the how-to-vote card is four square centimetres in size.".

8.Amendment of section 24—Forwarding of early votes from Antarctica

In regulation 24(2)(a) of the Principal Regulations, for "province" substitute "region".

9.Amendment of regulation 29—Forwarding of absent vote envelopes

In regulation 29 of the Principal Regulations, for "province" substitute "region".

10.Amendment of regulation 37—Ballot material to be secured and stored

In regulation 37(c)(ii) of the Principal Regulations, for "province" substitute "region".

11.Amendment of regulation 38—Notice to elector who has apparently failed to vote

(1)In the heading to regulation 38 of the Principal Regulations, after "has" insert "apparently".

(2)In regulation 38 of the Principal Regulations, for "has" substitute "appears to have".

12.Amendment of regulation 40—Official mark on ballot-papers

In regulation 40 of the Principal Regulations—

(a)in paragraph (b) for "Commission." substitute "Commission; or";

(b)after paragraph (b) insert—

"(c)a unique print identification number.".

13.Amendment to Form C—Application to be a general postal voter

In the Schedule to the Principal Regulations, in Form C, after the last dot point insert—

"·   I am an elector who has attained 70 years of age.".

14.Form G substituted—Nomination of a candidate for the Legislative Assembly/Council

In the Schedule to the Principal Regulations, for Form G substitute—

"FORM G

Regulation 15

NOMINATION OF A CANDIDATE FOR THE LEGISLATIVE ASSEMBLY/COUNCIL

NOMINATION BY REGISTERED OFFICER OF PARTY ENDORSING CANDIDATE

To the Victorian Electoral Commission

I,                 , the registered officer of the
(name of registered political party),
hereby nominate the person named on this form as a candidate for election to the Legislative Assembly/Council for the Electoral District/Region of               .

Signature of registered officer:  Date:

Form in which registered political party's name is to appear on ballot-paper:

NOMINATION BY ELECTORS

To the Election Manager for the Electoral District/Region
of             .

We, electors on the electoral roll for the above electorate and entitled to vote at the election for a member of the Legislative Assembly/Council for that electorate, hereby nominate the person named on this form as a candidate for election to the Legislative Assembly/Council for the above electorate.

For a candidate for the Legislative Assembly, 6 nominators are required.  For a candidate for the Legislative Council, 50 nominators are required.  Each nominator must set out his or her surname, given names, residential address for which he or she is enrolled, date of birth and signature.

CANDIDATE

Name of candidate (as appears on the register of electors):

Surname:

Given names:

Residential address for which enrolled:

Postal address:

Form in which given names appear on ballot-paper:

Contact details for publication:

I, the candidate named above, consent to nomination as a candidate for election to the Legislative Assembly/Council for the above electorate,

and I declare that I am qualified under the Constitution Act 1975 to be elected a member of the Legislative Assembly/Council.

Signature of candidate:

Date:

Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).

__________________".

15.Amendment to Form H—How-to-vote card declaration

In the Schedule to the Principal Regulations, in Form H for—

"I am liable to a penalty of not more than $60 000 or to imprisonment for a term of not more than 5 years."—

substitute—

"I am liable to a penalty of level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units maximum).".

16.Amendments to Form I—Multiple electorate how‑to‑vote card declaration form

(1)In the Schedule to the Principal Regulations, in Form I, in the last paragraph for—

"I am liable to a penalty of not more than $60 000 or to imprisonment for a term of not more than 5 years."—

substitute—

"I am liable to a penalty of level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units maximum).".

(2)In the Schedule to the Principal Regulations, at the end of Form I insert—

"(*Delete whichever is not applicable).".

17.Amendment to Form J—Declaration as to identity

In the Schedule to the Principal Regulations, in Form J, in the last paragraph for—

"I am liable to a penalty of not more than $60 000 or to imprisonment for a term of not more than 5 years."—

substitute—

"I am liable to a penalty of level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units maximum).".

18.Amendments to Form K—Application for a postal vote

In the Schedule to the Principal Regulations, in Form K for—

"The penalty for making a false declaration is a fine of up to $60 000 or up to 5 years imprisonment."—

substitute—

"Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).".

19.Amendments to Form L—Declaration of postal voter

In the Schedule to the Principal Regulations, in Form L, for—

"The penalty for making a false declaration is a fine of up to $60 000 or up to 5 years imprisonment."—

substitute—

"Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).

Not fulfilling duty as an authorised witness is an offence (fine up to 5 penalty units).".

20.Amendments to Form M—Vote under section 108

In the Schedule to the Principal Regulations, in Form M—

(a)for "Province" (wherever occurring) substitute "Region";

(b)for—

"The penalty for making a false declaration is a fine of up to $60 000 or up to 5 years imprisonment."—

substitute—

"Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).".

21.Amendment to Form N—Statement to persons claiming a vote under section 108

In the Schedule to the Principal Regulations, in Form N, in paragraph 3 for—

"The penalty for making a false declaration is a fine of up to $60 000 or up to 5 years imprisonment."—

substitute—

"Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).".

22.Amendments to Form O—Absent and section 110 vote

In the Schedule to the Principal Regulations, in Form O—

(a)for "Province" (wherever occurring) substitute "Region";

(b)for—

"The penalty for making a false declaration is a fine of up to $60 000 or up to 5 years imprisonment."—

substitute—

"Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).".

23.Form P substituted—Apparent failure to vote

In the Schedule to the Principal Regulations, for Form P substitute—

"FORM P

Regulations 38, 39

APPARENT FAILURE TO VOTE

Electorate:

To: (name and address of elector)

From Victorian Electoral Commission records it appears that you failed to vote at the above election.

You are required to indicate which of the following options applies to you.

OPTION ONE:

I failed to vote at the above election because:

If this reason is considered to be valid and sufficient, no further action will be taken.  If this reason is not considered to be valid and sufficient, an infringement notice will be sent to you.

OPTION TWO:

I voted at the above election

·    at the voting centre at (insert address)

·    as an early voter

·    as a postal voter

The Electoral Act 2002 provides for a fine of 1 penalty unit where a person states a false reason for not having voted.

Signature of elector (or of person completing form on behalf of elector)

Date:

You must post or deliver this notice to reach the Victorian Electoral Commission within 28 days of the date of the notice.

If you do not complete and return this form by the due date an infringement notice will be sent to you.

Victorian Electoral Commission

Date of Notice:

".

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ENDNOTES

[1] Reg. 4: S.R. No. 73/2002.