Electoral Amendment Regulations 2018 (Vic)
Electoral Amendment Regulations 2018
S.R. No. 111/2018
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
Part 2—Enrolment procedures and information
6Regulation 7 substituted—Claim for enrolment or provisional enrolment
7Regulation 10 amended—Application to be a general postal voter
Part 3—Election procedures
8Regulation 17 amended—How-to-vote card declaration
Part 4—Voting
9Regulation 21 substituted—Application to vote by post
10Regulation 22 substituted—Postal voter declaration
11Regulation 27 substituted—Forms of identification
Part 5—Election results
12Regulation 40 substituted—Preliminary scrutiny of postal vote declarations
13Regulation 44 amended—Extraction of ballot-papers from accepted declaration envelopes
Part 6—General
14New regulation 47A inserted—Who can access electronic assisted voting?
15New regulation 48A inserted—Exhibit of notice or sign within 100 metres of entrance to voting centre
Part 7—Political donations disclosure and reporting scheme
16New Part 9 inserted—Political donations disclosure and reporting scheme
17New Part 10 inserted—Register of Agents
Part 8—Amendment of the Schedule
18Form A substituted
19Form B substituted
20Form G substituted
21Form H substituted
22Form J substituted
23Form K substituted
24Form L substituted
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Endnotes
STATUTORY RULES 2018
S.R. No. 111/2018
Electoral Act 2002
Electoral Amendment Regulations 2018
The Governor in Council, on the recommendation of the Victorian Electoral Commission, makes the following Regulations:
Dated: 31 July 2018
Responsible Minister:
GAVIN JENNINGS
Special Minister of StateANDREW ROBINSON
Clerk of the Executive Council
Part 1—Preliminary
1Objectives
The main objectives of these Regulations are to amend the Electoral Regulations 2012—
(a)to prescribe forms of identification for the purposes of section 23 of the Electoral Act 2002; and
(b)to prescribe requirements for the extraction of ballot-papers for the purposes of sections 99 and 106 of the Electoral Act 2002; and
(c)to prescribe forms to apply for a postal vote and to make a declaration for the purposes of sections 101 and 104 of the Electoral Act 2002; and
(d)to prescribe forms of identification to apply to an enrolment application and declaration form or provisional vote for the purposes of section 108 of the Electoral Act 2002; and
(e)to facilitate the enrolment of electors and the conduct of parliamentary elections; and
(f)to provide for matters in relation to electronic assisted voting and the disclosure and reporting of political donations.
2Authorising provision
These Regulations are made under section 184 of the Electoral Act 2002.
3Commencement
(1)These Regulations (except regulations 16 and 17) come into operation on 1 August 2018.
(2)Regulation 16 comes into operation on the day that these Regulations are made.
(3)Regulation 17 comes into operation on 25 November 2018.
4Principal Regulations
In these Regulations, the Electoral Regulations 2012[1] are called the Principal Regulations.
5Definitions
In regulation 5 of the Principal Regulations insert the following definition—
"Australian Passport means a passport issued under the Australian Passports Act 2005 of the Commonwealth;".
Part 2—Enrolment procedures and information
6Regulation 7 substituted—Claim for enrolment or provisional enrolment
For regulation 7 of the Principal Regulations substitute—
"7 Claim for enrolment or provisional enrolment
For the purposes of section 23 of the Act, a claim for enrolment or for provisional enrolment and an attestation as to the identity of the person completing the claim must be in accordance with Form A.".
7Regulation 10 amended—Application to be a general postal voter
After regulation 10(2) of the Principal Regulations insert—
"(3)The form to be used by an elector applying to be a general postal voter under section 24(1) of the Act and who is entitled to be treated as an eligible overseas elector under section 94, 94A or 95 of the Commonwealth Electoral Act 1918 must be in accordance with Form B.".
Part 3—Election procedures
8Regulation 17 amended—How-to-vote card declaration
For regulation 17(1)(a) and (b) of the Principal Regulations substitute—
"(a)a person submitting one or more how-to-vote cards, other than a multiple how-to-vote card, to an election manager or the Commission for registration by the Commission must make a declaration in accordance with Form G;
(b)a person submitting a multiple how-to-vote card to the Commission for registration by the Commission must make a declaration in accordance with Form H;".
Part 4—Voting
9Regulation 21 substituted—Application to vote by post
For regulation 21 of the Principal Regulations substitute—
"21 Application to vote by post
(1)For the purposes of section 101(2) of the Act, the application form to be used by an elector applying to vote by post in writing must be in accordance with Form J.
(2)For the purposes of section 101(2A) of the Act, the application form to be used by an elector applying to vote by post by electronic means must be in accordance with Form J.".
10Regulation 22 substituted—Postal voter declaration
For regulation 22 of the Principal Regulations substitute—
"22 Postal voter declaration
For the purposes of section 104 of the Act, a postal voter declaration must be in accordance with Form K.".
11Regulation 27 substituted—Forms of identification
For regulation 27 of the Principal Regulations substitute—
"27 Forms of identification
(1)For the purposes of section 108(1)(d)(i) of the Act, a prescribed form of identification is—
(a)an Australian driver licence or an Australian learner permit;
(b)an Australian passport;
(c)a current rates notice issued by a Council within the meaning of the Local Government Act 1989;
(d)a current electricity account from a distribution company within the meaning of the Electricity Industry Act 2000;
(e)a current Victorian identification.
(2)For the purposes of section 108(1)(d)(ii) of the Act, the prescribed list of service providers to enable identification of a person is—
(a)a distribution company within the meaning of the Electricity Industry Act 2000 or a retailer within the meaning of that Act;
(b)VicRoads;
(c)a Council within the meaning of the Local Government Act 1989;
(d)a provider of premises which is a mobile voting centre designated by the Commission under section 65 of the Act;
(e)any other entity that issues Victorian identifications.".
Part 5—Election results
12Regulation 40 substituted—Preliminary scrutiny of postal vote declarations
For regulation 40 of the Principal Regulations substitute—
"40 Preliminary scrutiny of postal vote declarations
(1)The election manager must, except in the case of a declaration of a general postal voter, complete a verification process to ensure the elector signing each postal vote declaration is the applicant.
(2)A postal vote declaration returned by a postal voter or a general postal voter under section 106 of the Act must be accepted for further scrutiny if the election manager is satisfied that—
(a)the elector verification process has been completed; and
(b)the declaration has been witnessed by an authorised witness; and
(c)the voter is enrolled for the address marked on the application or is entitled to be so enrolled.
(3)If the election manager is not satisfied under subregulation (2), the ballot-paper must be disallowed without opening the envelope.".
13Regulation 44 amended—Extraction of ballot-papers from accepted declaration envelopes
(1)In regulation 44(b) of the Principal Regulations, for "scrutiny." substitute "scrutiny;".
(2)After regulation 44(b) of the Principal Regulations insert—
"(c)ensure sorting and counting of ballot-papers does not commence until after the close of voting.".
Part 6—General
14New regulation 47A inserted—Who can access electronic assisted voting?
Before regulation 48 of the Principal Regulations insert—
"47A Who can access electronic assisted voting?
For the purposes of section 110G of the Act, the following are prescribed eligible classes of electors who can access electronic assisted voting—
(a)electors who otherwise cannot vote without assistance because of blindness or low vision;
(b)electors who otherwise cannot vote without assistance because of a motor impairment.".
15New regulation 48A inserted—Exhibit of notice or sign within 100 metres of entrance to voting centre
After regulation 48 of the Principal Regulations insert—
"48A Exhibit of notice or sign within 100 metres of entrance to voting centre
For the purposes of section 158A(4) of the Act, a how-to-vote card is a prescribed other thing or item to which section 158A(2) of the Act does not apply.".
Part 7—Political donations disclosure and reporting scheme
16New Part 9 inserted—Political donations disclosure and reporting scheme
After Part 8 of the Principal Regulations insert—
"Part 9—Political donations disclosure and reporting scheme
49Principles for determining amount or value of gifts other than money
For the purposes of section 206(1A) of the Act, the value of a gift, other than money, will be determined in accordance with—
(a)the principle that the amount or value of the gift is the fair market value of the gift; and
(b)the principle that an explanation should be provided to the Commission to support the determination of the amount or value of the gift (and that amount or value should reflect the explanation).".
17New Part 10 inserted—Register of Agents
After Part 9 of the Principal Regulations insert—
"Part 10—Register of Agents
50Register of Agents
For the purposes of section 207A of the Act, the following are the prescribed details to be contained in the Register of Agents for each person appointed as a registered agent under section 207E(1) of the Act are—
(a)name;
(b)address;
(c)telephone number;
(d)email address;
(e)preferred method of contact;
(f)full name and address of the person or entity appointing the person as their agent in relation to the election.".
Part 8—Amendment of the Schedule
18Form A substituted
For Form A in the Schedule to the Principal Regulations substitute—
"FORM A
Regulation 7
ELECTORAL ENROLMENT FORM
Details of applicant
Title:
Surname:
Given names:
Date of birth:
Gender:
Current residential address:
Postal address (leave blank if the same as residential address):
Mobile phone (if any):
Daytime phone (if any):
Email address (if any):
I am an Australian citizen by birth: YES/NO
State or Territory of birth:
Town of birth:
I have become an Australian citizen: YES/NO
Citizenship certificate number:
Country of birth:
Name on citizenship certificate:
I am a qualified British subject*: YES/NO
Name on 25 January 1984:
Country of birth:
Former surname, if any:
Former given names, if any:
Immediate former residential address, if any:
Declaration by applicant:
·I am eligible to enrol at my residential address and claim enrolment for elections in Victoria;
·The information I have given on this form is true and correct; and
·I understand that giving false or misleading information is a serious offence.
Signature or mark:
Date:
Evidence of Identity:
Complete ONE option only
| Australian driver licence/ learner permit | Number | State or Territory |
| Australian passport | Number | |
| Victorian identification** | Number | Issued by |
| Person on the Victorian Register of Electors/Commonwealth electoral roll |
Declaration by person confirming identity:
·I am on the Victorian Register of Electors and/or the Commonwealth electoral roll for Victoria; and
·I confirm the identity of the applicant.
Details of witness:
Surname:
Given names:
Enrolled address:
Date of birth:
Signature:
Date:
* A qualified British subject is a person who is a British subject and was enrolled on a Commonwealth electoral roll between 26 October 1983 and 25 January 1984, inclusive.
** Victorian identification means an identification issued to a person by the State or a statutory authority established under an Act that includes the person's name, residential address, date of birth and contains a photograph of the person.".
19Form B substituted
For Form B in the Schedule to the Principal Regulations substitute—
"FORM B
Regulation 10
APPLICATION TO BE A GENERAL POSTAL VOTER
Details of applicant
Title:
Surname:
Given names:
Enrolled address:
Postal address:
Gender:
Date of birth:
Indicate which of the following applies:
I apply to be a general postal voter for the following reason—
·I am an elector whose principal place of residence is not within 20 kilometres by the nearest practicable route of an election day voting centre.
·I am an elector who is entitled to be treated as an eligible overseas elector in accordance with the Commonwealth Electoral Act 1918.
·I am an elector who, because of serious illness or infirmity, is unable to travel to an election day voting centre.
·I am an elector who, because of caring for a seriously ill or infirm person other than in a hospital, is unable to travel to an election day voting centre.
·I am an elector who has attained 70 years of age.
·I am an elector who is serving a sentence of imprisonment or is otherwise in lawful custody or detention.
·I am an elector whose address has been excluded from any electoral roll under section 31 of the Act (silent elector).
·I am an elector who, because of my religious beliefs or membership of a religious order, is precluded from attending an election day voting centre or is precluded from doing so for a greater part of the hours of voting.
Signature or mark of applicant:
Date:
Or, if a registered medical practitioner has certified in writing that the elector is so physically incapacitated that the elector could not sign their name
Signature of person signing at the request and on behalf of the elector:
Date:
Details of person signing application:
Surname:
Given names:
Residential address:".
20Form G substituted
For Form G in the Schedule to the Principal Regulations substitute—
"FORM G
Regulation 17
SINGLE OR COMBINED HOW-TO-VOTE CARD DECLARATION
Declaration to be made by a person submitting a single or combined how‑to‑vote card/s for registration.
I, [insert full name]
of [specify address and telephone number for contact purposes]
declare that I am authorised to submit single how-to-vote card/s for registration on behalf of [specify name of registered political party, person, organisation or group]
OR
declare that I am authorised to submit combined how-to-vote card/s for registration on behalf of [specify name of registered political party]
Capacity in which I make this declaration:
[specify title e.g. candidate, party secretary, campaign official, etc.]
AND (if the how-to-vote card/s contains a section in a language other than English), I submit with the how-to-vote card/s a translation into English of the section in a language other than English, and I declare that the translation is a fair translation.
I am aware that if I knowingly make a false statement in this declaration, I am liable to a penalty of level 6 imprisonment (5 years maximum) or
level 6 fine (600 penalty units maximum).
Signature:
Declared before me on [insert date]
Signed *Election Manager for [electorate]
*Victorian Electoral Commission
(*Delete whichever is not applicable).".
21Form H substituted
For Form H in the Schedule to the Principal Regulations substitute—
"FORM H
Regulation 17
MULTIPLE HOW-TO-VOTE CARD DECLARATION
Declaration to be made by a person submitting a multiple how-to-vote card for registration.
I, [insert full name]
of [specify address and telephone number for contact purposes]
declare that this multiple how-to-vote card, which I am authorised to submit for registration on behalf of [specify name of registered political party] shall be distributed—
*in every electorate in the State of Victoria
*in the following electorates:
AND (if the how-to-vote card contains a section in a language other than English), I submit with the how-to-vote card a translation into English of the section in a language other than English, and I declare that the translation is a fair translation.
I am aware that if I knowingly make a false statement in this declaration, I am liable to a penalty of level 6 imprisonment (5 years maximum) or
level 6 fine (600 penalty units maximum).
Signature:
Title: [specify position held in registered political party]
Declared before me on [insert date]
Signed:
Victorian Electoral Commission
(*Delete whichever is not applicable).".
22Form J substituted
For Form J in the Schedule to the Principal Regulations substitute—
"FORM J
Regulation 21
APPLICATION FOR A POSTAL VOTE
ELECTOR TO COMPLETE
Surname:
Given names:
Residential address for which you claim to be enrolled:
Date of birth:
Contact phone no.:
Address for voting material to be sent if different from above address:
I declare that—
·I am entitled to apply for a postal vote for the above claimed address;
·I understand that my name and address details on this form may be provided to registered political parties and independent candidates who are standing for election for the region or district in which the above claimed address is located.
(ONLINE APPLICATION ONLY)
Elector verification question:
Elector verification answer:
Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).
OR
(WRITTEN APPLICATION ONLY)
Elector to sign and date:
WITNESS TO COMPLETE
Name:
Address:
Date of birth:
Witness to sign:
Date:
Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).".
23Form K substituted
For Form K in the Schedule to the Principal Regulations substitute—
"FORM K
Regulation 22
POSTAL VOTER DECLARATION
ELECTOR TO COMPLETE
I declare that—
·I am the person whose name is printed on this form;
·I have not voted before in this election.
(IF ONLINE POSTAL VOTE APPLICATION USED)
Elector verification answer:
Elector to sign and date:
WITNESS TO COMPLETE
Name:
Address:
Date of birth:
Witness to sign:
Date:
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).
OR
(IF WRITTEN POSTAL VOTE APPLICATION USED)
Elector to sign and date:
WITNESS TO COMPLETE
Name:
Address:
Date of birth:
Witness to sign:
Date:
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).".
24Form L substituted
For Form L in the Schedule to the Principal Regulations substitute—
"FORM L
Regulation 22
APPLICATION FOR ENROLMENT/PROVISIONAL VOTE AND STATEMENT UNDER SECTION 108 OF THE ELECTORAL ACT 2002
ELECTOR TO COMPLETE
Title:
Surname:
Given names:
Date of birth:
Gender:
Current residential address:
Postal address (leave blank if the same as residential address):
Mobile phone (if any):
Daytime phone (if any):
Email address (if any):
If you have changed your name or address since your last enrolment please provide:
Former surname and given names:
Previous or old enrolled address:
Are you an Australian citizen by birth?:
Yes: State or Territory of birth and Town of birth:
No:Country of birth:
Have you been granted Australian citizenship?:
Yes:Citizenship certificate number and country of birth:
No:
Are you an eligible British subject who was enrolled on 25 January 1984?:
Yes:Name at 25 January 1984 and country of birth:
No:You are not eligible to enrol or to vote provisionally.
Evidence of identity
Identification type:
Issuing authority:
Identification number:
State or Territory of issue, if relevant:
Declaration by elector
I declare that—
·I am an elector whose name cannot be found on the electoral roll for this election;
·I have not already voted at this election;
·I have read the statement under section 108 of the Electoral Act 2002 included in this form;
·I am eligible to enrol at my residential address and claim enrolment for elections in Victoria;
·all the information I have given on this form is true and correct, and I understand that giving false or misleading information is a serious offence (Penalty: 5 years maximum imprisonment or a fine up to 600 penalty units).
Elector to sign:
Date:
ELECTION OFFICIAL TO COMPLETE
Election Official Declaration
·I saw the applicant sign or make a mark as their signature on this form;
·I have informed the applicant that they are claiming that the information that they have provided is true and correct and that there are penalties for providing false or misleading information;
I have sighted the applicant's original proof of identity document or the applicant was not able to provide an original proof of identity document at the time of voting but has nominated the following service provider for the Commission to contact.
SERVICE PROVIDER:
or (for mobile voting use only)
The applicant is listed as a resident at a mobile voting centre designated under section 65 of the Electoral Act 2002.
Name of Election Official:
Signature of Election Official:
Elector's enrolling district:
Issued at: Early Voting Centre / Election Day Voting Centre / Mobile Voting Centre
Venue Name:
Date:
Issuing District:
STATEMENT UNDER SECTION 108 OF THE ELECTORAL ACT 2002
Enrolment and voting is compulsory.
If eligible, you are required to enrol and vote in Federal, State and local government elections and may be fined if you do not.
You are eligible to enrol and vote if you:
·are an Australian citizen, or a British subject who was enrolled on 25 January 1984 (and for Victorian elections only if you were a British subject enrolled between 26 October 1983 and 25 January 1984, inclusive); and
·are 18 years or older; and
·have lived at your current address which is your principal place of residence for at least one month.
Evidence of identity
You must be able to prove your identity by presenting one of the following documents to the election official:
·Australian driver licence or learner permit;
·Australian passport;
·Current Victorian Council rates notice;
·Current electricity account;
·Current Victorian identification within the meaning of the Electoral Regulations 2012.
If you do not have one of these documents with you, you can nominate VicRoads, a Council, an electricity provider or an entity that issues Victorian identifications to verify your identity. The Commission will contact the nominated organisation to verify your identity.
If you are listed as a resident at a facility designated as a mobile voting centre, you do not need to have any documents as the Commission will check with the administration of the facility to confirm your identity.
How this application is processed
Your application will be checked and, if you are eligible, your vote will be admitted for further processing. If you have provided your driver licence or learner permit number on the application, your name and address will be placed on the electoral roll for future Federal, State and local government elections. If you do not have a government issued photo identification the election official will give you a separate enrolment application that you will need to complete before you can be placed on the roll.".
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Endnotes
[1] Reg. 4: S.R. No. 86/2012.
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