Electoral Regulations 2022 (Vic)

Version No. 004

Electoral Regulations 2022

S.R. No. 68/2022

Version incorporating amendments as at

20 August 2023

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary

1Objectives
2Authorising provision
3Commencement
4Revocations
5Definitions
6Forms

Part 2—Enrolment procedures and information

7Claim for enrolment or provisional enrolment
8Enrolment by physically incapacitated persons
9Processing of claims for enrolment and notices of change of address
10Application to be a general postal voter
11Processing of application to be a general postal voter
12Review and cancellation of designation as a general postal voter
13Request for address of an elector's principal place of residence not to be shown on electoral roll
14Objection to a person's enrolment
15Notice of objection

Part 3—Registration of political parties

16Political party registration form
17Confirmation of membership form

Part 4—Election procedures

18Candidate nomination form
19How-to-vote card declaration
20Minimum size of logo, emblem or insignia
21Endorsement of how-to-vote cards

Part 5—Voting

22Declaration as to identity
23Application to vote by post
24Postal voter declaration
25Receipt and forwarding of postal vote envelopes
26Forwarding of early votes
27Forwarding of early votes from Antarctica
28Application and declaration under section 108
29Forms of identification
30Statement of person's rights under section 108
31Determination of entitlement to be enrolled and vote
32Declaration of absent voter
33Forwarding of absent votes
34Declaration of elector claiming no ballot-paper received

Part 6—Electronic voting at overseas or interstate early voting centres

35Electronic voting at overseas or interstate early voting centres
36Availability of electronic voting at overseas or interstate early voting centres
37Approval of computer program for electronic voting at overseas or interstate early voting centres
38Security arrangements for electronic voting at overseas or interstate early voting centres
39Ballot-papers for electronic voting at overseas or interstate early voting centres
40Voting process for electronic voting at overseas or interstate early voting centres

Part 7—Election results

41Preliminary scrutiny of declaration votes—general
42Preliminary scrutiny of postal vote declarations
43Preliminary scrutiny of declarations under section 108
44Preliminary scrutiny of written absent declarations under section 109
45Preliminary scrutiny of declarations under section 110
46Extraction of ballot-papers from accepted declaration envelopes
47Ballot material to be secured and stored

Part 8—Enforcement and offences

48Notice to elector who has apparently failed to vote
49Reply to notice by elector

Part 9—General

50Access to electronic assisted voting
52Emergency determination
53Official mark on ballot-papers
54Exhibit of notice or sign within 100 metres of entrance to voting centre

Part 10—Political donations disclosure and reporting scheme

55Principles for determining amount or value of gifts other than money
56Register of Agents
57Confidential information

Part 11—Saving and transitional provisions

58Use of forms prescribed under Electoral Regulations 2012

Schedule 1

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Endnotes

1 General information

2 Table of Amendments

3 Explanatory details

Version No. 004

Electoral Regulations 2022

S.R. No. 68/2022

Version incorporating amendments as at

20 August 2023

PART 1—PRELIMINARY

1Objectives
The objectives of these Regulations are—
(a)to facilitate the enrolment of electors and the conduct of parliamentary elections; and
(b)to regulate the political donations disclosure scheme.

2Authorising provision
These Regulations are made under section 184 of the Electoral Act 2002.
3Commencement
These Regulations come into operation on 20 August 2022.
4Revocations
The following Regulations are revoked—
(a)the Electoral Regulations 2012[1];
(b)the Electoral Amendment Regulations 2018[2].

5Definitions
In these Regulations—
Australian driver licence has the same meaning as in the Road Safety Act 1986;
Australian learner permit has the same meaning as in the Road Safety Act 1986;
Australian passport means a passport issued under the Australian Passports Act 2005 of the Commonwealth;
declared emergency means any of the following—
(a)an emergency in respect of which a national emergency is declared under section 11 of the National Emergency Declaration Act 2020 of the Commonwealth;
(b)an emergency in respect of which a state of disaster is declared under section 23 of the Emergency Management Act 1986;
(c)the action in respect of which the Governor in Council makes a proclamation of emergency under section 3 of the Public Safety Preservation Act 1958;

emergency declaration means a declaration or proclamation referred to in the definition of declared emergency;
pandemic order has the same meaning as in the Public Health and Wellbeing Act 2008;
the Act means the Electoral Act 2002.

6Forms
(1)A reference to a Form is a reference to the appropriate form in Schedule 1.
(2)If—
(a)a document is required by the Act or these Regulations to be of a particular form; and

(b)these Regulations prescribe that form—

the fact that the document contains a matter relating to the enrolment of an elector for Commonwealth purposes does not, by itself, mean that the document is not in accordance with the prescribed form.

PART 2—ENROLMENT PROCEDURES AND INFORMATION

7Claim 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.
8Enrolment by physically incapacitated persons
(1)If—
(a)a person (the enrolling person) wishes to make a claim under section 23(1) or (2) of the Act for enrolment or for provisional enrolment; and
(b)the enrolling person cannot sign the claim due to being physically incapacitated (whether permanently or temporarily); and
(c)a registered medical practitioner has certified in writing that the enrolling person cannot sign the claim due to being physically incapacitated (whether permanently or temporarily)—

the enrolling person may complete, sign and forward the claim by having another person do so on the enrolling person's behalf and in accordance with the enrolling person's directions.
(2)A claim that is made in accordance with subregulation (1) must, when forwarded to the Commission under section 23(1)(b) or (2)(b) of the Act, be accompanied by the certificate referred to in subregulation (1)(c).

(3)If—
(a)a person (the enrolled person) is required, under section 23(4) of the Act, to notify the Commission in writing of the person's new address; and
(b)the enrolled person cannot notify the Commission due to being physically incapacitated (whether permanently or temporarily); and
(c)another person has been appointed with a general non-enduring power of attorney, or an enduring power of attorney, of the enrolled person under the Powers of Attorney Act 2014; and
(d)that other person signs a statutory declaration stating that the enrolled person cannot notify the Commission due to being physically incapacitated (whether permanently or temporarily)—

the enrolled person may notify the Commission by having that other person do so on the enrolled person's behalf and in accordance with the enrolled person's directions.
(4)If the Commission is to be notified of a change of address in accordance with subregulation (3), the notice must, when forwarded to the Commission as described in section 23(5)(b) of the Act, be accompanied by the statutory declaration referred to in subregulation (3)(d).
9Processing of claims for enrolment and notices of change of address
(1)For the purposes of section 23(6) of the Act, if the Commission receives a claim for enrolment under section 23(1) or (2) of the Act, the Commission must—
(a)record the date of receipt; and
(b)if the Commission is satisfied that the person is entitled to be enrolled—
(i)enter on the register of electors the name of the person and particulars relating to the person; and
(ii)ensure that the person is notified in writing of whichever particulars of their enrolment the Commission determines relevant for this purpose.

Note
Section 23(7) of the Act provides what must occur if the Commission rejects a claim for enrolment.
(2)For the purposes of section 23(6) of the Act, if the Commission receives a notice of a change of an elector's address under section 23(4) of the Act, the Commission must—
(a)record the date of receipt; and
(b)if the Commission is satisfied that the notice is correct—
(i)change the person's address on the register in accordance with the notice; and
(ii)ensure that the person is notified in writing of the relevant particulars of their enrolment, as determined by the Commission.

10Application to be a general postal voter
The application form to be used by—
(a)an elector applying to be a general postal voter under section 24(1) of the Act; or
(b)a person applying on behalf of an elector for that elector to be a general postal voter under section 24(2) of the Act—

must be in accordance with Form B.

Note
Section 24(6) of the Act provides what must occur if the Commission rejects an application to be a general postal voter.
11Processing of application to be a general postal voter
(1)For the purposes of section 24(5) of the Act, an application to be a general postal voter must be lodged with the Commission in a manner that has been—
(a)approved by the Commission; and
(b)made available to the members of the public.

(2)If the Commission receives an application to be a general postal voter under section 24(1) or (2) of the Act, the Commission must record the date of receipt.
(3)If the Commission is satisfied that an applicant to be a general postal voter is enrolled and is eligible to be a general postal voter, the Commission must—
(a)record on the register of electors that the applicant is a general postal voter; and
(b)notify the applicant in writing of the decision to accept the application.

12Review and cancellation of designation as a general postal voter
For the purposes of section 27 of the Act, the Commission—
(a)may from time to time review the eligibility of general postal voters to be general postal voters; and
(b)if satisfied that a general postal voter has ceased to be eligible to be a general postal voter, must cancel the elector's designation as a general postal voter on the register of electors; and
(c)must notify an elector in writing of any cancellation of the elector's designation as a general postal voter, except if the Commission is satisfied that the elector has died.

13Request for address of an elector's principal place of residence not to be shown on electoral roll
For the purposes of section 31(1) of the Act, a request for the address of an elector's principal place of residence not to be shown on any electoral roll must be in accordance with Form C.
14Objection to a person's enrolment
For the purposes of section 38(2) of the Act, an objection to the enrolment of a person must be in accordance with Form D.
15Notice of objection
For the purposes of section 39(2) of the Act, notice to a person of an objection to the person's enrolment must be in accordance with Form E.

PART 3—REGISTRATION OF POLITICAL PARTIES

16Political party registration form
An application to the Commission under section 45(1) of the Act for the registration of a political party must be made in accordance with Form F.
17Confirmation of membership form
The Commission may send a form, in accordance with Form G, to a person listed under section 45(2)(f) of the Act for the purposes of confirming the person is—
(a)an elector; and
(b)a member, in accordance with the rules of the political party in relation to which they were listed, of that political party; and
(c)not a member of another political party.

PART 4—ELECTION PROCEDURES

18Candidate nomination form
(1)For the purposes of section 69(2) of the Act, the nomination of a candidate endorsed by a registered political party must be made in accordance with Form H.
(2)For the purposes of section 69(3) of the Act, the nomination of a candidate not endorsed by a registered political party must be made in accordance with Form I.
19How-to-vote card declaration
(1)For the purposes of section 77(2) and 78(2) of the Act—
(a)a person submitting a single how-to-vote card or a combined how-to-vote card, as defined under section 78(3)(a) and (c) of the Act, to an election manager or the Commission for registration by the Commission must make a declaration in accordance with Form J; and
(b)a person submitting a multiple how-to-vote card, as defined under section 78(3)(b) of the Act, to the Commission for registration by the Commission must make a declaration in accordance with Form K.

(2)A person submitting under section 77(1) or 78(1) of the Act a how-to-vote card that contains a section in a language other than English must include with the submitted card—
(a)an accurate translation into English of the section in a language other than English; and
(b)a declaration that the translation is fair in accordance with Form J or Form K, as the case requires.

20Minimum size of logo, emblem or insignia
For the purposes of sections 79(2)(b) and 80(4)(b) of the Act, the relevant prescribed size is four square centimetres.
21Endorsement of how-to-vote cards
For the purposes of sections 79(2)(e) and 80(4)(e) of the Act, a how-to-vote card submitted for registration by the Commission must be endorsed at the foot of the card as follows—
"Registered by the Victorian Electoral Commission".

PART 5—VOTING

22Declaration as to identity
For the purposes of section 91(1) of the Act, a declaration as to identity must be in accordance with Form L.
23Application 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 M.
(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 M.
24Postal voter declaration
For the purposes of section 104 of the Act, a postal voter declaration must be in accordance with Form N.
25Receipt and forwarding of postal vote envelopes
(1)If an envelope is received in accordance with section 106 of the Act having been posted or delivered to the Commission before 6 p.m. on election day, the Commission must record that it has received the envelope and the date on which this occurred.
(2)If an envelope is received in accordance with section 106 of the Act having been delivered to an election official at a voting centre before 6 p.m. on election day, the election official must—
(a)endorse the envelope with the place and date of receipt; and
(b)sign the envelope; and
(c)place the envelope in a sealed ballot box.

(3)The Commission must ensure that each envelope received in accordance with section 106 of the Act having been posted or delivered to the Commission before 6 p.m. on election day is forwarded unopened to the election manager responsible for the preliminary scrutiny and counting of postal votes for the region or district to which the envelope relates.
(4)The election official in charge of a voting centre must ensure that each envelope received in accordance with section 106 of the Act having been delivered to the voting centre before 6 p.m. on election day is forwarded unopened to the election manager responsible for the preliminary scrutiny and counting of postal votes for the region or district to which the envelope relates.
26Forwarding of early votes
After 6 p.m. on election day, an election manager or election official in charge of an early voting centre must forward each ballot-paper deposited in a ballot-box kept at that centre under section 99(3) of the Act to the election manager appointed for the election for the region or district to which the ballot-paper relates.
27Forwarding of early votes from Antarctica
(1)Before 6 p.m. on election day, an Antarctic elector who has voted must transmit electronically their completed ballot-paper to the Commission.
(2)On receipt of a ballot-paper transmitted under subregulation (1), the Commission must forward the ballot-paper to the election manager appointed for the election for the region or district to which the ballot-paper relates.

28Application and declaration under section 108
(1)For the purposes of section 108(1)(b) and (c) of the Act, an enrolment application and a declaration of a person whose name is not, or cannot be found, on an electoral roll and who claims to be entitled to vote must be printed on an envelope in accordance with Form O.
(2)For the purposes of section 108(2) of the Act, the declaration must be in accordance with the declaration in Form O.
29Forms of identification
(1)For the purposes of section 108(1)(d)(i) of the Act, a prescribed form of identification is any of the following—
(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 2020;
(d)a current electricity account from a distribution company within the meaning of the Electricity Industry Act 2000.

(2)On and after 4 April 2023, each of the following is also a prescribed form of identification for the purposes of section 108(1)(d)(i) of the Act—
(a)a current gas account from a gas distribution company within the meaning of the Gas Industry Act 2001;
(b)a current water account from a body that is part of the regulated water industry within the meaning of the Water Industry Act 1994.

(3)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 the following—
(a)if a place is appointed by the Commission as a mobile voting centre under section 65 of the Act, an entity that operates at that place to provide services to any person at that place;
(b)the Secretary within the meaning of the Road Safety Act 1986;
(c)a Council within the meaning of the Local Government Act 2020;
(d)a distribution company within the meaning of the Electricity Industry Act 2000 or a retailer within the meaning of that Act.

(4)On and after 4 April 2023, each of the following is also included in the prescribed list of service providers for the purposes of section 108(1)(d)(ii) of the Act—

(a)a gas distribution company within the meaning of the Gas Industry Act 2001;
(b)a body that is a part of the regulated water industry within the meaning of the Water Industry Act 1994.

30Statement of person's rights under section 108
For the purposes of section 108(3) of the Act, the written statement setting out a person's rights must be in accordance with the statement contained in Form O.

31Determination of entitlement to be enrolled and vote
(1)After 6 p.m. on election day, the election official in charge of a voting centre must ensure that—
(a)any enrolment applications and accompanying declarations completed and signed under section 108(1)(b) and (c) of the Act, and returned to an election official at the voting centre, are forwarded or transferred electronically to the Commission; and
(b)each fastened envelope containing a ballot‑paper that is deposited in a ballot-box at the voting centre under section 108(6) of the Act is forwarded to the election manager appointed for the election for the region or district to which the ballot-paper relates.

(2)If the Commission receives an enrolment application from a person under section 108 of the Act and the Commission is satisfied that the person is entitled to be enrolled, the Commission must—
(a)enter on the register of electors the name of that person and particulars relating to the person; and
(b)advise the person in writing that the person has been registered on the register of electors.

(3)The Commission must forward a report on the applicant's entitlement to vote to the election manager appointed for the election for the region or district to which the applicant's vote relates.
32Declaration of absent voter
For the purposes of section 109(5) of the Act, the declaration of an absent voter must be printed on an envelope in accordance with Form P.

33Forwarding of absent votes
(1)After 6 p.m. on election day, the election manager must ensure that each absent vote deposited in a ballot-box that is located in the region or district for the election for which they are appointed is forwarded to the election manager appointed for the election for the region or district to which the absent vote relates.
(2)An absent vote deposited in a ballot-box under section 109(8)(b) of the Act must be forwarded under subregulation (1) in the fastened envelope in which it was deposited.
34Declaration of elector claiming no ballot-paper received
For the purposes of section 110(1) of the Act, the declaration of an elector who claims not to have received a ballot-paper must be printed on an envelope in accordance with Form P.

PART 6—ELECTRONIC VOTING AT OVERSEAS OR INTERSTATE EARLY VOTING CENTRES

35Electronic voting at overseas or interstate early voting centres
For the purposes of section 100(3) of the Act, the procedures applying for electronic voting at overseas or interstate early voting centres appointed by the Commission under section 100(1) of the Act are the procedures set out in this Part.
36Availability of electronic voting at overseas or interstate early voting centres
Electronic voting may be made available at an overseas or interstate early voting centre which is designated by the Commission as an electronic voting centre under section 110C of the Act.
37Approval of computer program for electronic voting at overseas or interstate early voting centres
(1)The Commission may approve a computer program to enable electronic voting in accordance with this Part if the Commission is satisfied that all of the following criteria are met—
(a)the proper use of the computer program will give the same result in the recording of votes in an election as would be obtained if no computer program was used in the recording of votes;
(b)the computer program will enable a visual display or auditory description of the ballot‑paper (including the names and order of the candidates and other details about the candidates as they appear on the ballot‑paper) and voting instructions to be provided to an elector so that the elector may vote using a touch screen or a keypad;
(c)the computer program will enable an elector—
(i)to select consecutive preferences beginning with the figure "1"; or
(ii)in the case of an election for the Legislative Council, to select only one party or group in accordance with section 93A(2)(a) of the Act;

(d)the computer program allows an elector to correct a mistake before the vote is processed by the computer program;
(e)the computer program allows an elector to give an informal vote by selecting no preferences for any candidate or by voting for less than the number of vacancies to be filled at the election;
(f)the computer program allows an elector to abandon for any reason the electronic ballot‑paper without completing the vote;
(g)the computer program can produce a paper record of each vote cast using an electronic ballot-paper to enable the counting of votes in the election;
(h)the computer program will prevent any person from ascertaining the vote of a particular elector.

(2)The Commission may approve a process for entering preferences into the computer program approved under subregulation (1).

38Security arrangements for electronic voting at overseas or interstate early voting centres
The Commission must ensure that arrangements are in place to ensure that—
(a)computer programs and electronic devices used or intended to be used for or in connection with electronic voting in accordance with this Part are kept secure from interference; and
(b)the integrity of voting is maintained while electronic voting is being used.

39Ballot-papers for electronic voting at overseas or interstate early voting centres
(1)For the purposes of this Part, a ballot-paper prepared under section 74 of the Act may be in an electronic form.
(2)The Commission may approve changes to the electronic form of the ballot-paper which are necessary to facilitate the visual display or auditory description of the electronic form.
(3)The Commission may approve changes to the form of the ballot-paper printed from the ballot‑paper in an electronic form.
40Voting process for electronic voting at overseas or interstate early voting centres
(1)Subject to subregulation (2), an election official must ask a person claiming to vote by electronic voting in accordance with this Part the following questions—
(a)What is your full name?
(b)Where do you live?
(c)Have you voted before in this election?

(2)The election official must not ask the question specified in subregulation (1)(b) if the elector is a silent elector or an itinerant elector.
(3)The election official must reject a person's claim to vote by electronic voting in accordance with this Part if the person—
(a)refuses to answer fully the questions asked; or
(b)answers the question specified in subregulation (1)(c) in the affirmative.

(4)The election official must not reject a claim to vote by electronic voting in accordance with this Part as a result of any mistake in the electoral roll if the voter is sufficiently identified in the opinion of the election official.
(5)For the purposes of section 92 of the Act, a person entitled to vote in accordance with this Part may be given access to an electronic ballot-paper.
(6)If an elector given access to an electronic ballot‑paper has complied with the voting instructions provided and the vote is processed by the computer program, the elector is to be taken for the purposes of sections 93 and 93A of the Act to have marked the elector's vote on the ballot‑paper in accordance with those sections.
(7)For the purposes of section 93(6) of the Act, an elector using electronic voting is to be taken to have deposited the elector's vote in the ballot-box when the elector submits the elector's electronic ballot-paper using the computer program approved under this Part.

PART 7—ELECTION RESULTS

41Preliminary scrutiny of declaration votes—general
For the purposes of section 111(2) of the Act, the election manager must conduct the preliminary scrutiny of declaration votes no earlier than 8 a.m. on the Monday immediately before election day—
(a)with the assistance of as many election officials as are necessary; and
(b)in the presence of any scrutineers who choose to be present; and
(c)in the presence of any person authorised by the Commission to be present.

42Preliminary scrutiny of postal vote declarations
(1) For the purposes of section 111(2) of the Act, the election manager must conduct the preliminary scrutiny of postal vote declarations in accordance with this regulation.
(2)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.
(3)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.

(4)If the election manager is not satisfied under subregulation (3), the ballot-paper must be disallowed without opening the envelope.
43Preliminary scrutiny of declarations under section 108
(1)For the purposes of section 111(2) of the Act, the election manager must conduct preliminary scrutiny of a declaration in relation to a provisional vote cast under section 108(2) of the Act in accordance with this regulation.
(2)A ballot-paper marked by a voter under section 108 of the Act must be accepted for further scrutiny if the election manager is satisfied that—
(a)the voter is entitled to be enrolled for the address claimed or omitted from the roll in error; and
(b)the declaration has been properly completed.

(3)If the election manager is not satisfied under subregulation (2), the ballot-paper must be disallowed without opening the envelope.
44Preliminary scrutiny of written absent declarations under section 109
(1) For the purposes of section 111(2) of the Act, the election manager must conduct preliminary scrutiny of a written declaration in relation to an absent vote cast under section 109(7) of the Act in accordance with this regulation.
(2)A ballot-paper marked by an absent voter under section 109 of the Act must be accepted for further scrutiny and the absent voter must be recorded on the electoral roll as having voted if the election manager is satisfied that—
(a)the absent voter was, at the close of the roll for the election, enrolled for the address claimed or omitted from the roll in error; and
(b)the declaration has been properly completed.

(3)If the election manager is not satisfied under subregulation (2), the ballot-paper must be disallowed without opening the envelope.
45Preliminary scrutiny of declarations under section 110
(1)For the purposes of section 111(2) of the Act, the election manager must conduct preliminary scrutiny of a declaration in relation to a vote cast under section 110 of the Act in accordance with this regulation.
(2)A ballot-paper marked by an elector referred to in section 110 of the Act must be accepted for further scrutiny if the election manager is satisfied that—
(a)the name of the elector was marked on the electoral roll in error; and
(b)the declaration has been properly completed.

(3)If the election manager is not satisfied under subregulation (2), the ballot-paper must be disallowed without opening the envelope.
46Extraction of ballot-papers from accepted declaration envelopes
For the purposes of section 111(2) of the Act, the election manager must—
(a)when extracting the ballot-papers from the accepted declaration envelopes, ensure that no person can discover how an elector has voted; and
(b)keep the ballot-papers secure for further scrutiny; and
(c)ensure sorting and counting of ballot-papers does not commence until after the close of voting.

47Ballot material to be secured and stored
For the purposes of section 122 of the Act, the election manager must, after the close of voting—
(a)enclose in one or more boxes—
(i)all used ballot-papers; and
(ii)all unused ballot-papers; and
(iii)all ballot-papers marked as spoiled or discarded; and
(iv)all postal vote applications; and
(v)all used declaration envelopes (both those accepted and those rejected); and
(vi)all copies of the electoral roll and other papers used in connection with the election; and

(b)secure the boxes; and
(c)write on each box—
(i)a description of the contents; and
(ii)the name of the relevant district or region; and
(iii)the date of the election; and
(iv)their signature; and

(d)sort the boxes into parcels and deliver the parcels to the Commission to be kept safely until the completion of any proceedings in the Court of Disputed Returns.

PART 8—ENFORCEMENT AND OFFENCES

48Notice to elector who has apparently failed to vote
For the purposes of section 163(1) of the Act, the notice must be in accordance with Form Q.
49Reply to notice by elector
For the purposes of section 164 of the Act, the form of reply of any elector to the notice must be in accordance with Form Q.

PART 9—GENERAL

50Access to 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;
(c)electors who—
(i)belong to a class specified in a determination under regulation 52 that is in force; and
(ii)are unable to travel to a voting centre to vote because of the declared emergency to which the determination relates.

* * * * *

52Emergency determination
(1)The Commission may make a determination specifying a class of electors for the purposes of regulation 50(c) if—
(a)an emergency declaration is in force; and
(b)the Commission considers that electors of that class may be unable to travel to a voting centre to vote because of the declared emergency to which the emergency declaration relates; and
(c)the Commission considers that the Commission has the ability to deliver electronic assisted voting to electors of that class.

(2)Before making a determination under subregulation (1), the Commission may consult with any person the Commission considers appropriate, including the Emergency Management Commissioner within the meaning of the Emergency Management Act 2013.
(3)In considering whether to make a determination under subregulation (1), the Commission may have regard to any other matter the Commission considers relevant, including the staff and resources of the Commission available to provide electronic assisted voting at a particular place or places, or time or times.
(4)A determination under subregulation (1) must specify—
(a)the declared emergency to which the determination relates; and
(b)the class of electors to whom it applies (which may be by reference to activity, characteristics, location, or circumstances at one or more particular points in time); and
(c)the day and time on which the determination commences, and the day and time on which it ceases to apply; and
(d)the reasons for making the determination.

(5)As soon as practicable after making a determination under subregulation (1), the Commission must arrange for a notice of that determination (including the information set out in subregulation (4)) to be published—
(a)on an Internet site maintained by the Commission; and

(b)in the Government Gazette.

53Official mark on ballot-papers
For the purposes of section 112(1)(b) of the Act, the prescribed official mark to be borne by ballot‑papers is—
(a)a water mark in the paper as approved by the Commission; or

(b)an overprinting of the paper in a particular manner approved by the Commission, and the use of words, a design or a logo approved by the Commission; or
(c)a unique print identification number.

54Exhibit of notice or sign within 100 metres of entrance to voting centre
For the purposes of section 158A(4)(b) of the Act, a registered how-to-vote card is a prescribed other thing or item to which section 158A(2) of the Act does not apply.

PART 10—POLITICAL DONATIONS DISCLOSURE AND REPORTING SCHEME

55Principles 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).

56Register of Agents
For the purposes of section 207A of the Act, 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 the following—
(a)full name;
(b)residential 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.

57Confidential information
For the purposes of section 221A(2) of the Act, the street address (which does not include the suburb and state) of a natural person who is not a silent elector is confidential information.

PART 11—SAVING AND TRANSITIONAL PROVISIONS

58Use of forms prescribed under Electoral Regulations 2012
(1)Despite regulation 7, 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 may, until 30 June 2023, be in accordance with Form A in the old Schedule.
(2)Despite regulation 10—
(a)for the purposes of section 24(1) of the Act, the application form to be used by an elector applying to be a general postal voter may, until 30 June 2023, be in accordance with Form B in the old Schedule; and
(b)for the purposes of section 24(2) of the Act, the application form to be used by a person applying on behalf of an elector for that elector to be a general postal voter may, until 30 June 2023, be in accordance with Form B in the old Schedule.

(3)Despite regulation 13, for the purposes of section 31(1) of the Act, a request for the address of an elector's principal place of residence not to be shown on any electoral roll may, until 30 June 2023, be in accordance with Form C in the old Schedule.

(4)Despite regulation 14, for the purposes of section 38(2) of the Act, an objection to the enrolment of a person may, until 30 June 2023, be in accordance with Form D in the old Schedule.
(5)Despite regulation 22, for the purposes of section 91 of the Act, a declaration as to identity may, until 27 November 2022, be in accordance with Form I in the old Schedule.
(6)Despite regulation 24, for the purposes of section 104 of the Act, a postal voter declaration form may, until 3 April 2023, be in accordance with Form K in the old Schedule.
(7)Despite regulation 28—
(a)for the purposes of section 108(1)(b) and (c) of the Act, an enrolment application and a declaration of a person whose name is not, or cannot be found, on an electoral roll and who claims to be entitled to vote may, until 3 April 2023, be printed on an envelope in accordance with Form L in the old Schedule; and
(b)for the purposes of section 108(2) of the Act, the declaration may, until 3 April 2023, be in accordance with the declaration in Form L in the old Schedule.

(8)Despite regulation 32, for the purposes of section 109(5) of the Act, the declaration of an absent voter may, until 3 April 2023, be printed on an envelope in accordance with Form M in the old Schedule.
(9)In this regulation—
old Schedule means the Schedule to the Electoral Regulations 2012 as in force immediately before those Regulations were revoked.

SCHEDULE 1

FORM A

Regulation 7

ELECTORAL ENROLMENT FORM

DETAILS OF APPLICANT

Given name(s):

Family name:

Current residential address:

Postal address (leave blank if the same as residential address):

Mobile phone number (if any):

Alternative phone number (if any):

Email address (if any):

Gender:

Date of birth:

I am an Australian citizen by birth: YES/NO

State or Territory of birth:
Town of birth:

I am an Australian citizen by birth and I have not renounced my citizenship? YES/NO

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 given name(s), if any:

Former family name, 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; and
·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 of applicant:

Date:

Evidence of identity of the applicant:

Complete ONE option only

Australian driver licence/ learner permit	Number:	State or Territory:
Australian passport	Number:

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; and
·The information provided is correct.

DETAILS OF PERSON CONFIRMING IDENTITY

Given name(s):

Family name:

Address (enrolled or other):

Date of birth:

Signature of the person confirming identity:

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.

FORM B

Regulation 10

APPLICATION TO BE A GENERAL POSTAL VOTER

DETAILS OF APPLICANT

Given name(s):

Family name:

Enrolled address:

Postal address (leave blank if the same as enrolled address):

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 section 94, 94A or 95 of the Electoral Act 1918 of the Commonwealth.
·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 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 AT THE REQUEST AND ON BEHALF OF THE APPLICANT

Given name(s):

Family name:

Residential address:

Postal address (leave blank if same as residential address):

Phone number (optional):

Email address (optional):

FORM C

Regulation 13

REQUEST BY ELECTOR FOR ADDRESS OF PRINCIPAL PLACE OF RESIDENCE NOT TO BE SHOWN ON ELECTORAL ROLL

DETAILS OF PERSON MAKING REQUEST

Given name(s):

Family name:

Principal place of residence:

Postal address (leave blank if the same as principal place of residence):

Email address (if any):

Date of birth:

I request that the address of my principal place of residence not be shown on any electoral roll.

Having my residential address shown on any electoral roll places the personal safety of myself or members of my family at risk as declared on the statutory declaration accompanying this form.

Signature of elector:

Date:

FORM D

Regulation 14

OBJECTION TO ENROLMENT OF A PERSON

DETAILS OF PERSON WHOSE ENROLMENT IS OBJECTED TO

Given name(s):

Family name:

Residential address:

Email address (optional):

Ground for objection—

·The person is not entitled to be enrolled; or
·The address for which the person is enrolled is not the person's principal place of residence.

DETAILS OF ELECTOR MAKING OBJECTION

Given name(s):

Family name:

Residential address:

Date of birth:

Signature of elector:

Date:

FORM E

Regulation 15

NOTICE OF OBJECTION

Grounds for objection to enrolment of person:

DETAILS OF PERSON WHOSE ENROLMENT IS OBJECTED TO

Given name(s):

Family name:

Residential address:

Your response must be received within 20 days after the posting of this notice. Your response will then be assessed. If no response is received, your name will be removed from the register of electors.

Victorian Electoral Commission

Date:

FORM F

Regulation 16

APPLICATION TO REGISTER A POLITICAL PARTY

PROPOSED PARTICULARS OF POLITICAL PARTY

To be completed by the party secretary (however described)

Party name:

Abbreviation of party name (optional):

Initials of party name (optional):

PARTICULARS OF PROPOSED REGISTERED OFFICER AND DEPUTY REGISTERED OFFICER(S)

To be completed by the proposed registered officer

First name:

Family name:

Address* (cannot be a post office box):

* This address will be published in connection with the application and if registered, as the address of the political party.

Postal address (if different):

Contact telephone number:

Contact email address:

Acknowledgement by proposed registered officer:

I acknowledge the requirements of registered officers under the Electoral Act 2002. I acknowledge that my name and address(es) will be published in connection with this application for registration of a political party and, should the political party be registered, my name and address will be published with the party's information on the register of political parties.

Signed:

Date:

To be completed by proposed deputy registered officer(s)

First name:

Family name:

Address (cannot be a post office box):

Postal address (if different):

Contact telephone number:

Contact email address:

Acknowledgement by proposed deputy registered officer:

I am aware of the requirements of registered officers under the Electoral Act 2002 and I understand that I act for and on behalf of the registered officer whenever I am discharging the duties of the registered officer under section 44(2) of the Electoral Act 2002.

Signed:

Date:

PARTICULARS OF PARTY SECRETARY AND APPLICATION

To be completed by the party secretary (however described)

First name:

Family name:

Position in the party (i.e. 'secretary'):

Address (cannot be a post office box):

Postal address (if different):

Contact telephone number:

Contact email address:

Preferred method of contact in respect to the application:

I am aware of the duties of a secretary (in relation to a political party) under the Electoral Act 2002, which involves responsibility for carrying out the administration and conducting the correspondence of a party.

I make this application for the registration of [insert name of political party] as an eligible political party. I submit with this application the required documents.

Signed:

Date:

Requirements

The following documents must be submitted with the application:

·a copy of the constitution (however described) of the party;
·a statutory declaration made by the party secretary, stating that the party has at least 500 persons who are:
o members of the party in accordance with the rules of the party; and
o electors in accordance with Part 3 of the Electoral Act 2002; and
o not members of a registered political party or another political party applying for registration under the Electoral Act 2002;
·a list, in a form or format determined by the Victorian Electoral Commission, of the names and addresses of at least 500 members of the political party who meet the requirements as set out in the declaration of the party secretary;
·payment of the prescribed fee of 50 fee units.

The statutory declaration made by the party secretary must be in the form required under section 30 of the Oaths and Affirmations Act 2018.

In accordance with section 45(1A) of the Electoral Act 2002, an application for the registration of a political party cannot be made during the period commencing 120 days before a general election held under the Electoral Act 2002, and cannot be made for 6 months after an application for registration of a political party has been refused by the Commission.

Offences

It is an offence under section 148 of the Electoral Act 2002 to provide false or misleading information under the Electoral Act 2002 or to make a statement knowing that it is false or misleading in a material particular in any declaration, application or claim under the Electoral Act 2002. Each offence carries a penalty of level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).

It is an offence under section 149 of the Electoral Act 2002 to forge any electoral paper, utter any forged electoral paper knowing it to be forged, or forge the signature of any person on any electoral paper. This offence carries a penalty of level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).

FORM G

Regulation 17

CONFIRMATION BY ELIGIBLE MEMBER OF A POLITICAL PARTY

INFORMATION

The Victorian Electoral Commission has received an application from (political party name) ('the party') to register the party as a political party under the Electoral Act 2002.

The party has provided your name and address as a party member for the purpose of confirming the eligibility of the party for registration. The information in your response will not be disclosed or used in connection with any other purpose.

DIRECTIONS

Answer the questions below by indicating in the relevant box.

Print your full name and address, as they appear on the electoral roll, and sign, date and return the form directly to the Victorian Electoral Commission.

QUESTIONS

Are you:

·an elector (i.e. currently enrolled to vote for Victorian State elections)? (Yes/No)
·a member of (political party name) in accordance with the rules of the party? (Yes/No)
·a member of only the (political party name) (i.e. not a member of another registered political party or a member of a political party seeking for registration)? (Yes/No)

Given name(s):

Family name:

Enrolled address:

Date of birth:

Signature:

Date:

Offences

FORM H

Regulation 18(1)

NOMINATION OF A CANDIDATE FOR THE LEGISLATIVE ASSEMBLY/COUNCIL BY REGISTERED OFFICER OF PARTY ENDORSING CANDIDATE

PART 1

To the Victorian Electoral Commission

I, [insert name], the registered officer of the [insert name of registered political party], nominate the person or persons named in Part 2 of this Form as a candidate or as candidates for election to the *Legislative Assembly/Council for the Electoral District(s)/Region(s) named in Part 2.

Signature of registered officer:

Date:

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

PART 2

CANDIDATE DETAILS

Full name of candidate (as appears on the register of electors):

Date of birth:

Enrolled address:

Postal address (leave blank if the same as enrolled address):

Email address:

Phone number:

Alternative phone number (optional):

Electoral District/Region for which candidate is nominating:

Form in which candidate's given name(s) and family name** is to be printed on the ballot-papers for the election:

Candidate's contact person and their details***

Given name(s):
Family name:
Email address:
Phone number:
Alternative phone number (optional):
Postal address (optional):

I, [insert name], 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:

* Delete whichever is not applicable.

**A given name(s) of a candidate can only vary from how their name appears on the electoral roll to the extent specified under section 69(5) of the Electoral Act 2002.

*** The contact person's name and contact details will be published.

FORM I

Regulation 18(2)

NOMINATION OF A CANDIDATE FOR THE LEGISLATIVE ASSEMBLY/COUNCIL BY ELECTOR

PART 1

To the Election Manager for the Electoral District/Region of [insert name of District/Region].

We are electors on the electoral roll for the above electorate and are entitled to vote at the election for a member of the *Legislative Assembly/Council for that electorate. We nominate the person named in Part 2 of this Form as a candidate for election to the *Legislative Assembly/Council for the above electorate.

Each elector who nominates the person named in Part 1 of this Form must provide the following details:

·Given name(s)
·Family name
·Enrolled address
·Date of birth
·Signature of elector
·Date

For a candidate for the Legislative Assembly, 6 nominators are required.

For a candidate for the Legislative Council, 50 nominators are required.

PART 2

CANDIDATE DETAILS

Full name of candidate (as appears on the register of electors):

Date of birth:

Enrolled address:

Postal address (leave blank if the same as enrolled address):

Email address:

Phone number:

Alternative phone number (optional):

Form in which candidate's given name(s)** is to be printed on the ballot‑papers for the election:

Candidate's contact person and their details***

Given name(s):

Family name:

Phone number:

Email address:

Alternative phone number (optional):

Postal address (optional):

Signature of candidate:

Date:

* Delete whichever is not applicable.

** A given name(s) of a candidate can only vary from how their name appears on the electoral roll to the extent specified under section 69(5) of the Electoral Act 2002.

*** The contact person's name and contact details will be published.

FORM J

Regulation 19(1)(a) and (2)

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, phone number, email address, and alternative phone number (if any) 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]

*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).

I am aware that the Victorian Electoral Commission must refuse to register a how-to-vote card if the Commission is satisfied that the card:

·is likely to mislead or deceive an elector in casting the elector's vote; or
·is likely to induce an elector to mark the vote of the elector otherwise than in accordance with the directions on the ballot-paper; or
·contains offensive of obscene material.

Signature:

Name of person witnessing declaration:

Declared before me on [insert date]

Signed *Election Manager for [electorate]/*Victorian Electoral Commission

* Delete whichever is not applicable.

FORM K

Regulation 19(1)(b) and (2)

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, phone number, email address, and alternative phone number (if any) 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: [specify 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]

Name of person witnessing declaration:

Declared before me on [insert date]

Signed:

Victorian Electoral Commission

* Delete whichever is not applicable.

FORM L

Regulation 22

DECLARATION AS TO IDENTITY

I declare that I am the person whose details are set out below.

Given name(s):

Family name:

Enrolled address:

Postal address (leave blank if the same as enrolled address):

Phone number (optional):

Alternative phone number (optional):

Email address (optional):

Date of birth:

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).

I am aware that if I vote in the name of another person (including a deceased or fictitious person), vote more than once or apply for a ballot-paper in the name of another person, I am liable to a penalty of level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).

Signature or mark:

Name of election official witnessing declaration:

Declared before me on [insert date]

Signed:

Election official

FORM M

Regulation 23

APPLICATION FOR A POSTAL VOTE

ONLINE APPLICATION ONLY

ELECTOR TO COMPLETE

Given name(s):

Family name:

Full enrolled address:

Postal address where voting material is to be sent (leave blank if the same as enrolled address):

Date of birth:

Phone number (optional):

I declare that I am entitled to apply for a postal vote for the above enrolled address.

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).

WRITTEN APPLICATION ONLY

ELECTOR TO COMPLETE

Given name(s):

Family name:

Full enrolled address:

Postal address where voting material is to be sent (leave blank if the same as enrolled address):

Date of birth:

Phone number (optional):

I declare that I am entitled to apply for a postal vote for the above enrolled address.

Signature or mark of elector:

Date:

WITNESS TO COMPLETE

Given name(s):

Family name:

Address:

Date of birth:

Signature of witness:

Date:

A witness must be at least 18 years old and not be a candidate at the election, in accordance with sections 3 and 101(2)(b) of the Electoral Act 2002.

FORM N

Regulation 24

POSTAL VOTER DECLARATION

ELECTOR TO COMPLETE

I declare that—

·I am the person whose name is printed on this form; and
·I have not voted before in this election.

Elector verification answer*:

Signature or mark of elector:

Date:

WITNESS TO COMPLETE

Given name(s):

Surname:

Address:

Date of birth:

Signature of witness:

Date:

A witness must be at least 18 years old and not be a candidate at the election, in accordance with sections 3 and 101(2)(b) of the Electoral Act 2002.

* For electors who applied for a postal vote using the online postal vote application.

FORM O

Regulations 28 and 30

APPLICATION FOR ENROLMENT/PROVISIONAL VOTE AND STATEMENT UNDER SECTION 108 OF THE ELECTORAL ACT 2002

ELECTOR TO COMPLETE

Given name(s):

Family name:

Current residential address:

Postal address (leave blank if the same as residential address):

Mobile number (if any):

Alternative phone number (if any):

Email address (if any):

Gender:

Date of birth:

If you have changed your name or address since your last enrolment, please provide:

Former family name and given name(s):

Former 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:
No.

Are you an eligible British subject who was enrolled on 25 January 1984?

Yes:Name on 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; and
·I have not already voted at this election; and
·I have read the statement under section 108 of the Electoral Act 2002 included in this form; and
·I am eligible to enrol at my residential address and claim enrolment for elections in Victoria; and
·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).

Signature or mark of elector:

Date:

ELECTION OFFICIAL TO COMPLETE

Election Official Declaration

·I saw the applicant sign or make a mark as their signature on this form; and
·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; and
·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 client or 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

* Delete whichever is not applicable.

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 Australian learner permit;
·Australian passport;
·Current Victorian Council rates notice;
·Current electricity, gas or water account.

If you do not have one of these documents with you, you can nominate the Secretary within the meaning of the Road Safety Act 1986, a Council or an electricity, gas or water provider to verify your identity. The Commission will contact the nominated organisation to verify your identity.

If you are listed as a client or 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 Australian driver licence or Australian 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.

FORM P

Regulations 32 and 34

DECLARATION BY ABSENT OR SECTION 110 VOTERS

Elector's District:

ELECTOR TO COMPLETE

Given name(s):

Family name:

Enrolled address:

Date of birth:

Former surname if changed since you last enrolled:

I declare that—

·I am enrolled at the address shown above; and
·I have not already voted at this election; and
·The information shown above is true and correct and I am entitled to vote.

Signature or mark of elector:

ELECTION OFFICIAL TO COMPLETE

I certify that the above-named elector signed or marked this declaration in my presence.

Name of Election Official:

Signature of Election Official:

Issued at District:

Issued at: *Early Voting Centre / *Election Day Voting Centre / *Mobile Voting Centre

* Delete whichever is not applicable.

Date:

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

FORM Q

Regulations 48 and 49

APPARENT FAILURE TO VOTE

Electorate:

To: [Full name, elector's latest known address and the address in respect of which the elector was enrolled]

According to Victorian Electoral Commission records it appears that you failed to vote at the election on [insert date].

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

OPTION ONE:

I failed to vote at the above election because: [insert reason]

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 may 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.

If you are unable to complete this form because you are absent from your residence or you are physically incapacitated, another person who is enrolled to vote in Victoria may complete this form on your behalf, in accordance with section 164(2) of the Electoral Act 2002.

The Electoral Act 2002 provides for a fine of one penalty unit if a person states a false reason for not having voted, or another person who completes a form on a person's behalf states a false reason for the other elector 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 after the date of the notice. If you do not complete and return this form by the due date, an infringement notice may be sent to you.

Victorian Electoral Commission

Date of Notice:

═════════════

ENDNOTES

1 General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Electoral Regulations 2022, S.R. No. 68/2022 were made on 16 August 2022 by the Governor in Council under section 184 of the Electoral Act 2002, No. 23/2022 and came into operation on 20 August 2022: regulation 3.

The Electoral Regulations 2022 will sunset 10 years after the day of making on 16 August 2032 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Electoral Regulations 2022 by statutory rules, subordinate instruments and Acts.

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Electoral Regulations 2022, S.R. No. 68/2022

Date of Making: 16.8.22

Date of Commencement: Reg. 51(4) on 20.8.22: reg. 3; reg. 51A(10) inserted on 1.11.22 by S.R. No. 127/2022 reg. 4

Note:

Reg. 51A(10) revoked reg. 51A on 1.5.23; reg. 51(4) revoked reg. 51 on 20.8.23

Electoral Amendment Regulations 2022, S.R. No. 127/2022

Date of Making: 25.10.22

Date of Commencement: 1.11.22: reg. 3

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3 Explanatory details

[1] Reg. 4(a): S.R. No. 86/2012. Reprint No. 1 as at 1 August 2018. Reprinted to S.R. No. 111/2018.

[2] Reg. 4(b): S.R. No. 111/2018.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Date of Making:	16.8.22
Date of Commencement:	Reg. 51(4) on 20.8.22: reg. 3; reg. 51A(10) inserted on 1.11.22 by S.R. No. 127/2022 reg. 4
Note:	Reg. 51A(10) revoked reg. 51A on 1.5.23; reg. 51(4) revoked reg. 51 on 20.8.23

Date of Making:	25.10.22
Date of Commencement:	1.11.22: reg. 3