Electoral Boundaries Commission Act 1982 (Vic)
Version No. 043
Electoral Boundaries Commission Act 1982
No. 9801 of 1982
Version incorporating amendments as at
30 March 2022
TABLE OF PROVISIONS
Section Page
1Short title
2Definitions
3Establishment of Electoral Boundaries Commission
5Function of Commission
6Assignment of Judge to Commission
7Chairman and quorum
8Meetings
9Factors to be taken into account by Commissioners
10Submissions and reports
10AMap to be published
10BSubmissions, suggestions and objections
11Statement of the division of electors and other material
12Deposit of statement etc. in Central Plan Office etc.
13Notice of deposit of statement of division
14Commencement of region divisions
15Commencement of district divisions
16Effect of division upon choosing person to fill Council vacancy
16AEffect on election of Assembly members
17Preparation of rolls
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory detailss
Version No. 043
Electoral Boundaries Commission Act 1982
No. 9801 of 1982
Version incorporating amendments as at
30 March 2022
An Act to establish an Electoral Commission for dividing the State of Victoria from time to time into Electoral Provinces for the Legislative Council and Electoral Districts for the Legislative Assembly.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1Short title
This Act may be cited as the Electoral Boundaries Commission Act 1982[1].
2Definitions
In this Act unless inconsistent with the context or subject-matter—
Commission means the Electoral Boundaries Commission[2] constituted under this Act;
district means electoral district for the Legislative Assembly;
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regionmeans electoral region for the Legislative Council;
Victorian Electoral Commission means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002.
3Establishment of Electoral Boundaries Commission
(1)For the purposes of this Act there shall be an Electoral Boundaries Commission[3] constituted as provided in subsection (2).
(2)The Electoral Boundaries Commission shall consist of three persons of whom—
(a)one, who shall be chairman, shall be the Chief Judge of the County Court or his duly appointed nominee;
(b)one shall be the Electoral Commissioner for the time being; and
(c)one shall be the Surveyor-General for the time being.
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5Function of Commission
(1)Subject to and in accordance with the provisions of this Act, the functions of the Commission shall be to divide the State of Victoria into electoral regions for the Legislative Council and electoral districts for the Legislative Assembly as often as is necessary from time to time for the conduct of elections for the Legislative Council and the Legislative Assembly with the object of establishing and maintaining electoral regions of approximately equal enrolment and electoral districts of approximately equal enrolment and to determine the boundaries thereof.
(2)Subject to and in accordance with section 27 and section 35 of the Constitution Act 1975 the Commission shall divide Victoria into regions and districts[4].
(3)The Commission must, before beginning to conduct a redivision, publish a notice in the Government Gazette specifying—
(a)the date on which the Commission is to begin conducting the redivision;
(b)the condition applying in the relevant period under subsection (4) which requires the Commission to conduct the redivision;
(c)the quota for electoral regions and the quota for electoral districts which is to be used as the basis for the redivision.
(4)The Commission must conduct a redivision if any one of the conditions specified in paragraphs (a) to (d) applies in the relevant period—
(a)the number of electors enrolled for a minimum of 3 electoral regions or a minimum of 27 electoral districts have varied for a minimum period of 2 months by more than 10 per centum from the average enrolment of all electoral regions or all electoral districts;
(b)the number of electors enrolled for a minimum of 3 electoral regions or a minimum of 23 electoral districts have varied for a minimum period of 2 months by more than 10 per centum from the average enrolment of all electoral regions or all electoral districts and the number of electors enrolled for at least 1 of those electoral regions or at least 5 of those electoral districts have varied for a minimum period of 2 months by more than 20 per centum from the average enrolment of all electoral regions or all electoral districts;
(c)there have been 2 general elections since the last redivision;
(d)section 27 or 35 of the Constitution Act 1975 has been amended to change the number of electoral regions or electoral districts.
(5)In this section—
general election means an election at which all the members of the Legislative Council and the Legislative Assembly have to be elected;
quota for electoral districts means the quota determined by dividing the total number of electors enrolled as electors for Victoria as at the last day of the month preceding the date of the notice under subsection (3) by the number of electoral districts;
quota for electoral regions means the quota determined by dividing the total number of electors enrolled as electors for Victoria as at the last day of the month preceding the date of the notice under subsection (3) by the number of electoral regions;
relevant period means the period beginning 24 months before the next scheduled general election and ending 18 months before the next scheduled general election.
6Assignment of Judge to Commission
The Chief Judge of the County Court may by writing signed by him assign a Judge of the County Court to be a member of the Commission in his stead either generally or for a specified period or periods.
7Chairman and quorum
(1)At all meetings of the Commission the chairman, if present, shall preside and in his absence the members present shall appoint one of their number to preside.
(2)Two members of the Commission shall constitute a quorum of the Commission and shall have full power to act.
8Meetings
(1)The Commission shall meet as often as it considers necessary for carrying out its functions under this Act but shall meet at intervals of not more than two years after the holding of general elections.
(2)The Commission shall meet at such times and in such places as the Commission from time to time determines or as the chairman appoints and notifies to the Commissioners.
9Factors to be taken into account by Commissioners
(1)In making any division of electors and in determining the number of electors to be allocated to a region or district the Commissioners shall give due consideration to—
(a)area and physical features of terrain;
(b)means of travel, traffic arteries, and communications and any special difficulties in connection therewith;
(c)community or diversity of interests; and
(d)the likelihood of changes in the number of electors in the various localities.
(2)For the purposes of this Act the Commission may take electoral regions or electoral districts to be of approximately equal enrolment where the enrolment for each region or district does not vary by more than 10 per centum from the average enrolment of all regions or districts (as the case requires).
10Submissions and reports
(1)In the course of its deliberations the Commission shall invite submissions from the public and may obtain such reports and make such inspections as it thinks necessary and may call such persons having special knowledge before the Commission as it thinks necessary.
(2)A person shall be entitled to make submissions to the Commission in writing or, by leave of the Commission, orally.
(3)Where the Commission hears oral submissions the Commission shall hear them in public and cause them to be recorded and a transcript to be made thereof which shall be taken to be a public document as described in this section.
(4)Each submission made in response to such invitation shall be deemed to be a public document and the same or a copy thereof and a transcript or copy of a transcript of any oral submission shall be open for inspection at the office of the Commission at all times during its normal office hours until the expiration of three months after the statement, particulars and maps referred to in section 11 shall have first been laid before Parliament.
(5)Every person who obstructs or endeavours to influence a member of the Commission in the performance of his duties or the exercise of his discretion under this Act otherwise than by way of a submission pursuant to subsection (1) shall be guilty of an offence and liable to a penalty not exceeding 50 penalty units.
(6)Any person convicted of any offence against subsection (5) shall be disqualified from being elected to or holding office as a member of the Parliament of Victoria during a period of three years after the date of such conviction.
10AMap to be published
(1)The Commission shall cause a map of the boundaries of each proposed electoral region, showing the proposed electoral districts contained therein, to be published on the Internet site of the Commission and invite public attention to that map by advertisement published in the Government Gazette and in two newspapers circulating throughout the proposed electoral region.
(2)The Commission must give a copy of a map referred to in subsection (1) to a person at that person's request.
10BSubmissions, suggestions and objections
(1)Suggestions or objections in writing concerning a proposed electoral region or proposed electoral district may be lodged with the Commission not later than 30 days after the advertisement in the Government Gazette referred to in the last preceding section, and the Commission shall consider all suggestions and objections so lodged.
(2)In considering suggestions or objections lodged under subsection (1), the Commission may conduct hearings in public.
(3)A person who lodges a suggestion or objection under subsection (1) may lodge a request with that suggestion or objection that the person be permitted to make an oral submission to the Commission in support of the suggestion or objection.
(4)If the Commission hears oral submissions, the Commission must hear them in public and cause them to be recorded and a transcript to be made.
(5)A suggestion or objection lodged under subsection (1) or a transcript of an oral submission made under subsection (4) is a public document which must be available for inspection at the office of the Commission at all times during its normal office hours until the expiration of 3 months after the statement referred to in section 11 is first laid before Parliament.
11Statement of the division of electors and other material
The Commission must, immediately after the expiration of the period of 30 days referred to in section 10B, consider any suggestions or objections which have been lodged pursuant to section 10B and where the Commission agrees upon an electoral division the Commission must prepare a statement of the division of electors agreed upon together with particulars of the number of electors residing in each electoral region or electoral district respectively as nearly as can be ascertained and maps endorsed by the Commission showing the name and boundaries of each electoral region and electoral district.
12Deposit of statement etc. in Central Plan Office etc.
(1)Within fourteen days after preparing any statement, particulars, and maps referred to in section 11 the Commission shall cause a copy thereof—
(a)to be deposited in the Central Plan Office;
(b)to be forwarded to the Victorian Electoral Commission;
(c)to be laid before each House of Parliament if Parliament is then sitting; and
(d)to be forwarded to each member of Parliament.
(2)If Parliament is not sitting at the time referred to in subsection (1) the Commission shall cause a copy of the statement, particulars, and maps to be laid before each House of Parliament within fourteen days after the next meeting of Parliament.
13Notice of deposit of statement of division
(1)Within fourteen days after any statement, particulars, and maps are deposited in the Central Plan Office pursuant to the provisions of section 12 the Commission shall cause to be published in the Government Gazette notice of the fact thereof and of the day upon which they were so deposited.
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14Commencement of region divisions
(1)Immediately after the day notified in the Government Gazette under section 13 in relation to a division of electors, the names and boundaries of the electoral regions for the Legislative Council set forth in the statement of the Commissioners deposited in the Central Plan Office must be published in the Government Gazette by the Victorian Electoral Commission.
(2)On the day on which writs are issued for a general election, the names and boundaries of the regions published in accordance with subsection (1) are deemed to be substituted for the names and boundaries of the electoral regions previously published in the Government Gazette under section 27 of the Constitution Act 1975.
15Commencement of district divisions
Immediately after the day notified in the Government Gazette under section 13 in relation to a division of electors the names and boundaries of the electoral districts for the Legislative Assembly set forth in the statement of the Commissioners deposited in the Central Plan Office shall be published in the Government Gazette by the Victorian Electoral Commission and on the day on which a dissolution or other lawful determination of the Legislative Assembly next occurs the names and boundaries of electoral districts so published shall be deemed to be substituted for the names and boundaries of the electoral districts previously published in the Government Gazette under section 35 of the Constitution Act 1975.
16Effect of division upon choosing person to fill Council vacancy
Where, after the day notified in the Government Gazette under section 13 in relation to a division of electors and before the day of dissolution or other lawful determination of the Assembly occurring next after that division, the seat of a member for a region which was existing immediately before that division becomes vacant, that division does not affect the choosing of a person to occupy the vacant seat in accordance with section 27A of the Constitution Act 1975.
16AEffect on election of Assembly members
Where, after the day notified in the Government Gazette under section 13 in relation to a division of electors and before the day of dissolution or other lawful determination of the Assembly occurring next after that division the seat of a member for a district which was existing immediately before that division becomes vacant, that division shall not affect any election of a member of the Assembly to serve in the place of that member, and for the purposes of any such election the electoral districts as theretofore existing and the electoral rolls in respect thereof shall continue to have full force and effect.
17Preparation of rolls
(1)As soon as practicable after the Victorian Electoral Commission receives a copy of any statement of division of electors under this Act, the Victorian Electoral Commission must cause new electoral rolls to be prepared in accordance with the Electoral Act 2002 for the new electoral regions and electoral districts.
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(3)Notwithstanding anything to the contrary in any other Act the Governor in Council may—
(a)by Order give such directions or provide for any matters or things as appear necessary or expedient for the preparation of the new electoral rolls or for carrying into effect any of the provisions of this Act;
(b)modify any provision of any proclamation Order in Council or regulation so far as appears necessary or expedient to give effect to any direction or Order under this section.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Electoral Boundaries Commission Act 1982 was assented to on 23 November 1982 and came into operation on 23 November 1982.
The name of this Act was changed from the Electoral Commission Act 1982 to the Electoral Boundaries Commission Act 1982 by section 7(1) of The Constitution Act Amendment (Electoral Reform) Act 1988, No. 75/1988.
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 Boundaries Commission Act 1982 by Acts and subordinate instruments.
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Electoral Commission (Amendment) Act 1983, No. 9894/1983
Assent Date: 31.5.83 Commencement Date: 31.5.83: s. 1(3) CurrentState: All of Act in operation
Conservation, Forests and Lands Act 1987, No. 41/1987
Assent Date: 19.5.87 Commencement Date: S. 103(Sch. 4 item 15.1) on 1.7.87: Government Gazette 24.6.87 p. 1694 CurrentState: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
The Constitution Act Amendment (Electoral Reform) Act 1988, No. 75/1988
Assent Date: 15.12.88 Commencement Date: 1.1.89: s. 2 CurrentState: All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date: 9.5.89 Commencement Date: S. 4(1)(Sch. 2 items 32.1, 32.2) on 1.11.89: Government Gazette 1.11.89 p. 2798 CurrentState: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
Equal Opportunity Act 1995, No. 42/1995
Assent Date: 14.6.95 Commencement Date: S. 224(Sch. 2 item 12) on 1.1.96: Government Gazette 21.12.95 p. 3571 CurrentState: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998
Assent Date: 10.11.98 Commencement Date: S. 20 on 15.12.98: s. 2(5) CurrentState: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
The Constitution Act Amendment (Amendment) Act 1999, No. 24/1999
Assent Date: 25.5.99 Commencement Date: 8.6.99: s. 2 CurrentState: All of Act in operation
Electoral Act 2002, No. 23/2002
Assent Date: 12.6.02 Commencement Date: S. 190 on 1.9.02: Government Gazette 29.8.02 p. 2333 CurrentState: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
Constitution (Parliamentary Reform) Act 2003, No. 2/2003 (as amended by No. 85/2004)
Assent Date: 8.4.03 Commencement Date: S. 44 on 8.4.03: Special Gazette (No. 57) 8.4.03 p. 1; ss 45–48 on 31.10.06: s. 2(3) CurrentState: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
Monetary Units Act 2004, No. 10/2004
Assent Date: 11.5.04 Commencement Date: S. 15(Sch. 1 item 7) on 1.7.04: s. 2(2) CurrentState: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
Surveying Act 2004, No. 47/2004
Assent Date: 16.6.04 Commencement Date: S. 71(Sch. item 1) on 1.1.05: s. 2(2) CurrentState: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
Electoral Legislation (Amendment) Act 2004, No. 85/2004
Assent Date: 23.11.04 Commencement Date: Ss 4–8 on 24.11.04: s. 2 CurrentState: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017
Assent Date: 24.10.17 Commencement Date: S. 75 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 Current State: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: S. 390(Sch. 1 item 31) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 Current State: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022
Assent Date: 29.3.22 Commencement Date: Ss 28–30 on 30.3.22: s. 2(3) Current State: This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982
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3 Explanatory details
[1] S. 1: Section 7(2)(3) of The Constitution Act Amendment (Electoral Reform) Act 1988, No. 75/1988 (repealed) read as follows:
7Change of name of Electoral Commission
(2)Any reference in any Act or subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to—
(a)the Electoral Commission Act 1982 is to be construed as a reference to the Electoral Boundaries Commission Act 1982; and
(b)the Electoral Commission is to be construed as a reference to the Electoral Boundaries Commission.
(3)The Electoral Boundaries Commission is the same body as the Electoral Commission and no act, matter or thing is in any way abated or affected by reason of the change of name.
[2] S. 2: See note 1.
[3] S. 3: See note 1.
[4] S. 5(2): Section 2(2) of the Electoral Commission (Amendment) Act 1983, No. 9894 (repealed) read as follows:
2Amendment of No. 9801 s. 5(2)
(2)For the first division made under the Electoral Commission Act 1982 each of the 22 provinces shall consist of four complete and contiguous districts and the Legislative Assembly shall consist of 88 districts.
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