Electoral Amendment Regulations 2022 (Vic)

Electoral Amendment Regulations 2022

S.R. No. 127/2022

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4New regulation 51A inserted

5Emergency determination

6Form O

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Endnotes

statutory rules 2022

S.R. No. 127/2022

Electoral Act 2002

Electoral Amendment Regulations 2022

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

Dated: 25 October 2022

Responsible Minister:

DANNY PEARSON
Minister for Government Services

Alexandra Debeljakovic

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Electoral Regulations 2022—

(a)to temporarily prescribe, in response to floods occurring in Victoria on and after 13 October 2022, a class of electors who can access electronic assisted voting; and

(b)to make technical amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 November 2022.

4New regulation 51A inserted

After regulation 51 of the Electoral Regulations 2022[1] insert—

"51A   Temporary access to electronic assisted voting—flood affected electors

(1)In this regulation—

applicable period for an election means the period that—

(a)begins on and includes the Saturday immediately before the election day for that election; and

(b)ends on and includes that election day;

applicable residence of a person means, for the purposes of a particular election, each of the following—

(a)the person's principal place of residence;

(b)any other place at which the person is temporarily living on one or more days during the applicable period for that election.

(2)In addition to the eligible classes of electors prescribed in regulations 50 and 51, electors who—

(a)have an applicable residence for the purposes of a particular election in a place specified in a determination that is made under subregulation (3) in respect of that election; and

(b)are either—

(i)unable to attend or travel to an early voting centre to vote on one or more days during the applicable period for that election; or

(ii)unable to attend or travel to a voting centre to vote on election day—

are, during the applicable period for that election, a prescribed class of electors who can access electronic assisted voting for the purposes of section 110G of the Act.

(3)Subject to this regulation, the Commission may make a determination that—

(a)specifies one or more places for the purposes of subregulation (2); and

(b)specifies the election in respect of which the determination is made.

(4)The Commission must not make a determination under subregulation (3) that specifies a particular place in respect of a particular election unless—

(a)the Commission considers that the place will be affected, or has already been affected, by a flood that has occurred in Victoria at any time on or after 13 October 2022; and

(b)the Commission considers that, because of the effects of that flood (including effects that the Commission considers will occur, and those that the Commission considers have already occurred), electors in the place may be—

(i)unable to attend or travel to an early voting centre to vote on one or more days during the applicable period for that election; or

(ii)unable to attend or travel to a voting centre to vote on the election day for that election.

(5)Before making a determination under subregulation (3), the Commission must consult with the Emergency Management Commissioner within the meaning of the Emergency Management Act 2013 about—

(a)floods that have occurred in Victoria at any time on or after 13 October 2022; and

(b)the effects that those floods have had, and are anticipated to have, on various places in Victoria.

(6)In considering the matters set out in subregulation (4)(a) and (b), the Commission must have regard to the consultation provided for by subregulation (5).

(7)The earliest day on which the Commission may make a determination under subregulation (3) in respect of a particular election is the Saturday 2 weeks before the election day for that election.

(8)A determination under subregulation (3) must set out the Commission's reasons for making it.

(9)As soon as practicable after making a determination under subregulation (3), the Commission must arrange for a notice of that determination (including the reasons for making it) to be published—

(a)on an Internet site maintained by the Commission; and

(b)in the Government Gazette.

(10)This regulation is revoked on 1 May 2023.".

5Emergency determination

(1)In regulation 52(1), (2), (3) and (5) of the Electoral Regulations 2022, for "Electoral Commissioner" (wherever occurring) substitute "Commission".

(2)In regulation 52(5)(a) of the Electoral Regulations 2022, for "website" substitute "site".

6Form O

In Form O of the Electoral Regulations 2022, for "The applicant is listed as a resident" substitute "The applicant is listed as a client or a resident".

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Endnotes

[1] Reg. 4: S.R. No. 68/2022.