Local Government (Democratic Reform) 2003 (Vic)

Local Government (Democratic Reform) Act 2003

ts	Act No. 109/2003
n
e
m	TABLE OF PROVISIONS

u	Section	Page
c
o	PART 1—PRELIMINARY	1
D

1. Purpose 1

ry 2. Commencement 2

ta PART 2—RECOGNITION OF LOCAL GOVERNMENT 3

n	3.	Section 1 substituted—Preamble	3
e	1.	Preamble	3
m	4.	New section 1A inserted—Interpretation of Act	4
ia	1A.	Interpretation of Act	4
rl	5.	New Part 1A inserted—Local Government Charter	5
a	PART 1A—LOCAL GOVERNMENT CHARTER	5
P	3A.	What is the purpose of local government?	5
d	3B.	How is a Council constituted?	5
n	3C.	Objectives of a Council	5
a	3D.	What is the role of a Council?	6
3E.	What are the functions of a Council?	7
n	3F.	What are the powers of Councils?	7
o
ti	6.	New section 5B inserted	8

5B. Constitution of Council 8

la	7.	Amendments consequential to changes in sections 5 and 6	8
is	8.	Consequential amendment to Docklands Act 1991	9
9.	Power to suspend	9
g

e PART 3—ELECTORAL MATTERS 10

L	10.	Division 1 of Part 3 substituted	10
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a
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Division 1—Voters	10

11. Entitlements relating to enrolment 10

to	12.	Residents entitled to be enrolled without application	12
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Section Page

16.	Provisions relating to corporations	17
17.	Procedure on receipt of notice of appointment under
section 16	20

ts	18.	General powers relating to enrolment	20
19.	Notification of change or cessation of entitlement	21
n	20.	Request that address not be shown	21
e	11.	Sections 21 to 24 substituted	22

m	21.	Victorian Electoral Commission to prepare voters' list
u	of residents 22
c	22.	Chief Executive Officer to prepare voters' list of
o	ratepayers 23
23.	Registrar to prepare exhibition roll 24
D	23A.	Public notification and exhibition 24
ry	24.	Preparation of voters' rolls 27
24A.	Amendment of voters' roll 28
ta	24B.	Inspection of voters' roll 29
n	24C.	Provision of voters' rolls 30

e	12.	Amendments consequential on changes in section 11	32
13.	Consequential amendment to Docklands Act 1991	34
m	14.	Qualification to be a Councillor	35
ia	15.	Divisions 4 and 5 of Part 3 substituted	35
rl	Division 4—Holding of General Elections	35
a	31.	General elections	35
P	16.	Amendments consequential on changes in section 15	38
d	17.	Section 37 substituted	38

n	37.	Extraordinary vacancy within 6 months before a
a	general election 38

18. Extraordinary vacancies 39

n	19.	Section 39 substituted	40
o
ti	39.	One vote per person	40

20. Amendment consequential on change in section 19 40

la	21.	Voting is compulsory	41
is	22.	Municipal electoral tribunals	42
23.	Change in terminology	43
g	24.	Section 55 substituted	43

e	55.	Printing and publication of electoral advertisements,
L	handbills, pamphlets or notices 43
n	55A.	Misleading or deceptive matter 44
a
ri
55B.	Heading to electoral advertisements 45
55C.	Authors to be identified 46
55D.	Prohibition on Council 47

to	25.	Amendments consequential on changes in section 24	47
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Section Page

28.	Amendments consequential on changes in section 27	51
29.	Voting centres and early voting	51
30.	New Division 9 inserted	53

ts Division 9—Election Campaign Donations 53

n	62.	Return by candidate	53
e	62A.	Responsibilities of Chief Executive Officer	55
m	62B.	Certain gifts not to be accepted	55
u	31.	Amendments consequential on changes in section 30	58
c	32.	Division 2 of Part 10 substituted	59
o	Division 2—Electoral Representation Reviews	59
D	219A.	Purpose of this Division	59
ry	219B.	Definitions	59
219C.	When is a review required?	59
ta	219D.	Purpose of review	60
n	219E.	Appointment of reviewer	61
e	219F.	Conduct of review	62
219G.	Implementation of review	65
m

ia Division 3—Subdivision Reviews 65

rl	219H.	Application of Division	65
a	219I.	Definitions	66
219J.	Duty of Victorian Electoral Commission	66
P	219K.	Power of Minister	66
d	219L.	Purpose of subdivision review	66
n	219M.	Appointment of reviewer	66
a	219N.	Conduct of subdivision review	67
219O.	Implementation of subdivision review	67
n	33.	Amendments consequential on changes in section 32	67
o
ti	34.	Nomination fees	68
35.	Death of a candidate	69
la	36.	Filling of vacancies	70
is	37.	Removal of restriction on attendance at ballot draw	70
38.	Clause 11 of Schedule 2 substituted—Availability of
g	nomination information	70
e	39.	Use of electronic counting equipment and systems	71
L	40.	Proportional Representation	71
n	41.	Procedure where vote tied	71
a
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42.	Recount of votes	73
43.	Report by returning officer	73
44.	Ballot material to be secured and stored	74
to	45.	Consequential	74
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Section	Page
PART 4—THE COUNCIL	77

47.	Standardised name	77
48.	Sections 63 to 65 substituted	77

ts	63.	Oath of office	77
n	64.	Failure to take oath of office	78
e	49.	Amendments consequential to changes in section 48	78
50.	New section 69A inserted	78
m	69A.	Multiple extraordinary vacancies	78
u	51.	Section 70 substituted	79
c	70.	Candidate for election	79
o	52.	Amendments relating to nominations	81
D	53.	Election of Mayor	82
54.	Term of office	82
ry	55.	Sections 74 and 74B substituted	82
ta	74.	Councillor and Mayoral Allowances	82
74A.	General provisions relating to allowances	83
n	74B.	Allowance Orders	83
e	74C.	Advisory panel	84
m	56.	Amendment consequential on changes in section 55	85
ia
rl
57.	New Division 1A inserted—Conduct and Interests	85
Division 1A—Conduct and Interests	85
a	76B.	Rules of conduct	85
P	76C.	Code of Conduct	86

58. Amendment consequential on changes in section 57 87

d	59.	Section 77 substituted	88
n	77.	Confidential information	88
a	60.	New sections 77A and 77B inserted	89
n	77A.	Disclosure of interests	89
o
ti
77B.	Conflict of interest	90

61. Amendment of section 78—pecuniary interests 91

la 62. Section 79 substituted 92

79. Disclosure of conflict of interest 92

is	63.	Amendment of section 81—Register of interests	94
g	64.	New section 84A inserted—First meeting after a general
e	election	95
L	84A.	First meeting after a general election	95

65. Conduct of meetings 95

n	66.	New section 93A inserted	96
a
ri	93A.	Conduct of Council during election period	96

67. Section 95 substituted 97

to	94C.	Employment principles	97
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Section Page

68.	Amendments consequential to changes in section 67	99
69.	New section 94AB inserted	100

94AB. Transitional provision relating to senior officers 100

ts 70. Delegations 101

n	PART 5—RESOURCE ACCOUNTABILITY	102
e

71. Parts 6 and 7 substituted 102

m

u

PART 6—PLANNING AND ACCOUNTABILITY

c

REPORTS 102

o

125. Council Plan 102

D

126. Strategic Resource Plan 103

ry

127.	Council must prepare a budget	104
128.	Revised budget	105

ta

129.	Public notice	106
130.	Adoption of budget or revised budget	106

n

131. Annual report 107

e

132. Performance statement 110

m

133. Audit report on the performance statement 112

ia

134. Meeting to consider annual report 112

rl

135. Minister may direct Council to submit financial

statements 113

a

P PART 7—FINANCIAL MANAGEMENT 114

d	136.	Principles of sound financial management	114
n	137.	Budgeting and reporting framework	115
a	138.	Quarterly statements	115
139.	Audit committee	115
n	140.	Accounts and records	116
o
ti	141.	Payments	117
142.	Power to defer or waive payments	117
la	143.	Investments	118
is	144.	Power to borrow	119
145.	Circumstances in which power to borrow may be
g	exercised	119
e	146.	Budget or revised budget must include proposed
L	borrowings	120
n	147.	Use of loan for different purpose	120
a
ri
148.	Borrowings to be secured	120
149.	Provisions with respect to securities	121
to	150.	Overdrafts	121

72. Amendments consequential on changes in section 71 122

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Section Page

74. Section 132 relocated 125

223C. Offences relating to investigations 125

75. Sections 133 and 134 relocated 126

ts	240A.	Imposition of a surcharge	126
240B.	Payment of the surcharge	128
n	76.	Amendment consequential on changes in section 75	128
e	77.	Consequential amendments to Docklands Act 1991	128
m

u PART 6—MISCELLANEOUS AMENDMENTS 129

c	78.	Rate notices	129
o	79.	Limited differential rates	129
D	80.	Special rate and special charge	129
81.	Criteria for special rates and special charges	130
ry	82.	New section 163B inserted	131

ta	163B.	Objection process relating to certain special rates and
charges 131

n	83.	Variation of special rate and special charge	133
e	84.	Amendment of section 169—rebates and concession	134
m	85.	Waiver	134
ia	86.	New section 171A inserted	135
rl	171A.	Waiver by application—financial hardship	135

87. Outstanding legal costs 136

a	88.	Minister may give direction concerning rates and charges	136
P	89.	Entrepreneurial powers	136
90.	New section 231 inserted	139
d	231.	Notice in relation to acquisition of land	139
n	91.	Consequential amendment to the Docklands Act 1991	139
a	92.	Power to move other obstructions	139
n	93.	Statute law revision—Local Government Act 1989	140
o

ti PART 7—AMENDMENT OF CITY OF MELBOURNE ACT 2001 141

la	94.	Definitions	141
is	95.	Amendment of section 5—application of Local Government
Act 1989	142
g	96.	Amendment of section 7	143
e	97.	Sections 9 and 10 substituted	143
L	9.	Entitlements	143
n	9A.	Persons entitled to be enrolled without application	145
a
ri
9B.	Persons entitled to apply to be enrolled	146
9C.	Corporations	147
9D.	Procedure in relation to representatives of
to	corporations	148
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Section Page

9G.	Provisions relating to appointments for the purposes
of section 9C 150
9H.	Procedure on receipt of notice of appointment under

ts section 9C 151

9I. General powers relating to enrolment 152

n	9J.	Notification of change or cessation of entitlement	153
e	10.	Request that address not be shown	153
m	98.	Section 11 substituted	154
u	11.	Victorian Electoral Commission to prepare list	154
c	11A.	Chief Executive Officer to prepare voters' list	155
o	11B.	Registrar to prepare exhibition roll	156
11C.	Public notification and exhibition	156
D	11D.	Preparation of voters' rolls	158
ry	11E.	Amendment of voters' roll	160
11F.	Inspection of voters' roll	161
ta	11G.	Provision of voters' rolls	161
n	99.	Consequential amendment—general elections	164
e	12.	General election	164

100. New section 14A inserted 164

m	14A.	Qualification to be a Councillor	164
ia	101.	Amendment to section 19(5)	165
rl	102.	Amendment to section 24(1)	166
a	103.	New section 25A	166

25A. Delegation to Lord Mayor 166

P 104. Statute law revision 166

d	═══════════════
n

a	ENDNOTES	167
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vii

ts
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c
o	Victoria
D
ry
ta
n	No. 109 of 2003
e
m
ia	Local Government (Democratic
rl	†
a	Reform) Act 2003
P

[Assented to 9 December 2003]

d
n
a
n
o

ti	The Parliament of Victoria enacts as follows:
la
is
g	PART 1—PRELIMINARY
e
L	1. Purpose
n	The purpose of this Act is—
a

ri	(a)	to amend the Local Government Act 1989
to	to further democratic reform of local
government by—

ic	(i) reforming the electoral process;
V

Local Government (Democratic Reform) Act 2003

Act No. 109/2003

Part 1—Preliminary

s. 2

(ii)  improving the accountability of local government and the transparency of

ts	decision making; (iii) enhancing the operation of the Act;
n
e	(b) to make related amendments to the City of
m	Melbourne Act 2001;
u
c	(c) to make consequential amendments to the
o	Docklands Act 1991.
D	2. Commencement
ry	(1) This Part comes into operation on the day after the
ta	day on which this Act receives the Royal Assent.
n	(2) Part 5 comes into operation on 1 February 2004.
e
(3) Subject to sub-section (4), the remaining
m
ia	provisions of this Act come into operation on a
rl	day or days to be proclaimed.
a	(4) If a provision of this Act does not come into
P	operation before 31 December 2004, it comes into
d	operation on that day.
n	__________________
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Local Government (Democratic Reform) Act 2003

Act No. 109/2003

Part 2—Recognition of Local Government

s. 3

PART 2—RECOGNITION OF LOCAL GOVERNMENT

ts 3. Section 1 substituted—Preamble

n	For section 1 of the Local Government Act 1989	See:
e	Act No.
substitute—	11/1989.
m	Reprint No. 6
u	"1. Preamble	as at
c	1 June 2001
(1) Section 74A(1) of the Constitution Act	and
o	amending
D	1975 provides that local government is a	Act Nos
distinct and essential tier of government	92/1990,
ry	44/2001,
consisting of democratically elected	11/2002,
ta	Councils having the functions and powers	23/2002 and 37/2002.
n	that the Parliament considers are necessary	LawToday:
e	to ensure the peace, order and good
dpc.vic.
m	government of each municipal district. (2) It is the role of Councils in exercising those	gov.au
ia

rl	functions and powers to work in partnership
a	with the Governments of Victoria and
P	Australia.
d	(3) It is necessary to ensure that the Councillors
n	who comprise each Council are
a	democratically elected by persons entitled to
n	vote at municipal elections and that the
o
ti	Council is responsible and accountable to the
la	local community.
is	(4) It is the role of the Council to provide

governance and leadership for the local

g

e	community through advocacy, decision
L	making and action.
n	(5) It is essential that there is a legislative
a	framework that provides for Councils to be
ri	accountable to their local communities in the
to	performance of functions and the exercise of
ic	powers and the use of resources.
V

Local Government (Democratic Reform) Act 2003

Act No. 109/2003

Part 2—Recognition of Local Government

s. 4

(6) The purpose of this Act is to establish a

legislative scheme that supports the system
of local government in accordance with

ts	Part IIA of the Constitution Act 1975.".
n
e	4. New section 1A inserted—Interpretation of Act
m	After section 1 of the Local Government Act
u	1989 insert—
c
o	'1A. Interpretation of Act
D	(1) It is the intention of the Parliament that the
ry	provisions of this Act be interpreted so as to
ta	give effect to the Preamble and the local
government charter.
n
e	(2) The Preamble and the local government
m	charter are not to be construed as having the
ia	effect of limiting the functions and powers of
rl	Councils under this Act or any other Act.
a	(3) In the interpretation of the Preamble and the
P	local government charter, a construction that
d	promotes consistency between the provisions
n	of this Act and any other Act is to be
a	adopted.
n	(4) In this Act—
o
ti	"local community" includes—
la	(a) people who live in the municipal
is	district; and
g
e	(b) people and bodies who are
L	ratepayers; and
n	(c) people and bodies who conduct
a
ri	activities in the municipal district;
to	"local government charter" means the

provisions in Part 1A;

ic	"Preamble" means the Preamble in
V	section 1.'.

Local Government (Democratic Reform) Act 2003

Act No. 109/2003

Part 2—Recognition of Local Government

s. 5

5. New Part 1A inserted—Local Government Charter

After Part 1 of the Local Government Act 1989

ts	insert—
n
e	"PART 1A—LOCAL GOVERNMENT

CHARTER

m

u	3A. What is the purpose of local government?
c
o	The purpose of local government is to
D	provide a system under which Councils
ry	perform the functions and exercise the
powers conferred by or under this Act and
ta	any other Act for the peace, order and good
n	government of their municipal districts.
e

3B. How is a Council constituted?

m

ia	A Council consists of its Councillors who
rl	are democratically elected in accordance
a	with this Act.
P	3C. Objectives of a Council
d	(1) The primary objective of a Council is to
n
a	endeavour to achieve the best outcomes for the local community having regard to the
n
o	long term and cumulative effects of
ti	decisions.
la	(2) In seeking to achieve its primary objective, a
is	Council must have regard to the following
g	facilitating objectives—
e	(a) to promote the social, economic and
L	environmental viability and
n	sustainability of the municipal district;
a
ri	(b) to ensure that resources are used
to	efficiently and effectively and services
ic	are provided in accordance with the Best Value Principles to best meet the
V	needs of the local community;

Local Government (Democratic Reform) Act 2003

Act No. 109/2003

Part 2—Recognition of Local Government

s. 5

(c) to improve the overall quality of life of people in the local community;

ts	(d)	to promote appropriate business and
n	employment opportunities;

e	(e) to ensure that services and facilities
m	provided by the Council are accessible
u	and equitable;
c
o	(f) to ensure the equitable imposition of
D	rates and charges;

ry	(g)	to ensure transparency and
ta	accountability in Council decision
making.
n

e	3D. What is the role of a Council?
m	(1) A Council is elected to provide leadership
ia	for the good governance of the municipal
rl	district and the local community.
a	(2) The role of a Council includes—
P
d	(a) acting as a representative government
n	by taking into account the diverse needs
a	of the local community in decision
n	making;
o
ti	(b) providing leadership by establishing

strategic objectives and monitoring

la	their achievement;
is	(c) maintaining the viability of the Council
g
e	by ensuring that resources are managed
L	in a responsible and accountable
n	manner;
a
ri	(d) advocating the interests of the local

community to other communities and

to	governments;
ic	(e) acting as a responsible partner in
V	government by taking into account the needs of other communities;

Local Government (Democratic Reform) Act 2003

Act No. 109/2003

Part 2—Recognition of Local Government

s. 5

(f) fostering community cohesion and encouraging active participation in

ts	civic life.
n	3E. What are the functions of a Council?
e	(1) The functions of a Council include— (a) advocating and promoting proposals
m
u
c	which are in the best interests of the
o	local community;
D	(b) planning for and providing services and
ry	facilities for the local community;

ta (c) providing and maintaining community

n	infrastructure in the municipal district; (d) undertaking strategic and land use
e
m	planning for the municipal district;
ia

rl	(e)	raising revenue to enable the Council to
a	perform its functions;

P	(f) making and enforcing local laws;
d	(g) exercising, performing and discharging
n	the duties, functions and powers of
a	Councils under this Act and other Acts;
n
o	(h) any other function relating to the peace,
ti	order and good government of the
la	municipal district.
is	(2) For the purpose of achieving its objectives, a
g	Council may perform its functions inside and
e	outside its municipal district.
L

3F. What are the powers of Councils?

n

a	(1) Subject to any limitations or restrictions
ri	imposed by or under this Act or any other
to	Act, a Council has the power to do all things
ic	necessary or convenient to be done in
V	connection with the achievement of its Local Government (Democratic Reform) Act 2003

Act No. 109/2003

Part 2—Recognition of Local Government

s. 6

objectives and the performance of its

functions.

ts	(2) The generality of this section is not limited
n	by the conferring of specific powers by or
e	under this or any other Act.".
m	6. New section 5B inserted
u
c	After section 5A of the Local Government Act
o	1989 insert—
D	"5B. Constitution of Council
ry	(1) A Council must consist of not fewer than
ta	5 Councillors and not more than
n	12 Councillors.
e	(2) A Council may be constituted so that it
m	consists of—
ia

rl	(a)	only Councillors elected to represent
a	the municipal district as a whole; or
P	(b)	only Councillors elected to represent
d	individual wards into which the
n	municipal district is divided.".

a	7. Amendments consequential to changes in sections 5
n	and 6
o
ti	(1) In section 3(1) of the Local Government Act
la	1989, in the definition of "municipal enterprise"
is	omit "under clause 9 of item 7 of Schedule 1". (2) Sections 5(1), 6, 7, 8 and 10 and Schedule 1 of the
g
e	Local Government Act 1989 are repealed.
L

(3) In section 208B(b) of the Local Government Act

n

a	1989, for "section 6(1)(c)" substitute "sections
ri	3C(2)(b) and 3C(2)(e)".
to	(4) Sections 40B, 220Q(na) and 220Q(nb) of the
ic	Local Government Act 1989 are repealed.
V	(5) In Schedule 3 of the Local Government Act 1989, in clause 17(1)(e), omit "40B,".

Local Government (Democratic Reform) Act 2003

Act No. 109/2003

Part 2—Recognition of Local Government

s. 8

8. Consequential amendment to Docklands Act 1991

In section 35C(1)(a) of the Docklands Act 1991 See:
Act No.

ts	for "Schedule 1" substitute "section 3E(1)".	22/1991. Reprint No. 3
n	as at
e	1 August 2003
and
m	amending
u	Act No. 23/2003.
c	LawToday:
o
D	dpc.vic.
gov.au
ry

ta	9. Power to suspend
n
e	For section 219(1) of the Local Government Act 1989 substitute—
m
ia	"(1) The Minister may recommend to the
rl	Governor in Council that all the Councillors
a	of a Council be suspended, if the Minister is
P	satisfied on reasonable grounds—
d	(a) subject to sub-section (1A), that there
n	has been a serious failure to provide
a	good government; or
n	(b) that the Council has acted unlawfully in
o
ti	a serious respect.
la	(1A) Before making a recommendation under sub-
is	section (1)(a), the Minister must consider
g	what steps the Council has taken to address
e	and remedy the difficulties underlying the
L	failure.".
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Local Government (Democratic Reform) Act 2003

Act No. 109/2003

Part 3—Electoral Matters

s. 10

PART 3—ELECTORAL MATTERS

ts	10. Division 1 of Part 3 substituted
n	For Division 1 of Part 3 of the Local
e	Government Act 1989 substitute—
m
u	"Division 1—Voters
c
o	11. Entitlements relating to enrolment
D
(1) A person can only be enrolled on the voters'
ry	roll of a Council if the person is a resident in
ta	the municipal district of the Council or a
n	ratepayer to the Council exercising an
e	entitlement under and in accordance with
m	this Division.
ia	(2) Despite anything to the contrary in this
rl	Division, a person can only be enrolled on
a	the voters' roll for one ward in a municipal
P	district.
d	(3) Despite anything to the contrary in this Part,
n
a	a person is only entitled to vote once at any election in respect of a Council, regardless of
n
o	how many different entitlements the person
ti	may have to vote in respect of any ward.
la	(4) A person is not entitled to elect which right
is	of entitlement conferred by section 12(1),
g	13(1), 14(1) or 15(1) to exercise.
e	(5) A person can only be enrolled on the voters'
L	roll if—
n
a	(a) the person has an entitlement as a
ri	resident or ratepayer to be enrolled
to	without application as at the entitlement
ic	date; or
V

Local Government (Democratic Reform) Act 2003

Act No. 109/2003

Part 3—Electoral Matters

s. 10

(b) the person is entitled as a ratepayer to apply to be enrolled and the

ts	application—
n	(i) complies with sub-section (6); and
e	(ii) is accepted in accordance with this
m	Division; or
u
c	(c) the person is appointed to vote on
o	behalf of a corporation under section
D	16(5) and the application for
ry	appointment—
ta	(i) complies with sub-section (6); and
n	(ii) is accepted in accordance with this
e	Division; or
m	(d) the person is appointed to vote on
ia	behalf of a corporation under section
rl	16(1) or 16(2) and the application for
a	appointment—
P

(i) complies with sub-section (6); and

d

n	(ii) is accepted in accordance with this
a	Division.
n	(6) An application must—
o
ti	(a) be in writing;
la	(b) contain the details required by the
is	regulations;
g	(c) be delivered to the Council office by
e
L	4 p.m. on the entitlement date.
n	(7) Unless section 19 applies, enrolment under
a	an application referred to in sub-section
ri	(5)(b) or (5)(c) has effect from the next
to	entitlement date after it is accepted and
ic	continues in force until the day before the
subsequent entitlement date for a general
V	election.

Local Government (Democratic Reform) Act 2003

Act No. 109/2003

Part 3—Electoral Matters

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12.  Residents entitled to be enrolled without application

ts	(1) A person who on the entitlement date would
n	be an elector in respect of an address in a
e	ward if a roll of electors for the Legislative
m	Assembly was compiled from the register of
u	electors, is entitled as a resident without
c	application to be enrolled on the voters' roll
o	in respect of that address.
D	(2) Despite sub-section (1), a person who— (a) will attain 18 years of age on or before
ry
ta	election day; and
n	(b) had the person been not less than
e	18 years of age on the entitlement date
m	would be an elector in respect of an
ia	address in a ward if a roll of electors for
rl	the Legislative Assembly was compiled
a	from the register of electors—
P

is entitled as a resident without application to

d

n	be enrolled on the voters' roll in respect of
a	that address.
n	13. Owner ratepayers entitled to be enrolled
o
ti	without application
la	(1) Subject to sub-sections (2) and (3), a person
is	who on the entitlement date—

(a) is not a person referred to in section 12;

g

e	and
L	(b) is not less than 18 years of age or is less
n	than 18 years of age but will attain the
a
ri	age of 18 years on or before election
day; and
to
ic
V

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(c) is the owner of any rateable property in a ward whether solely or jointly with

ts	any other person or persons; and (d) is not a resident of that rateable
n
e	property—
m	is entitled as a ratepayer without application
u	to be enrolled on the voters' roll in respect of
c	that rateable property.
o
D	(2) For the purposes of sub-section (1), only 2 joint owners are entitled to be enrolled in
ry	respect of each rateable property.
ta	(3) A person is not entitled to be enrolled under
n	sub-section (1) if an occupier is enrolled as a
e	ratepayer under section 15 in respect of that
m	rateable property.
ia
rl	(4) For the purposes of sub-section (1), if it
a	appears from the rate records of the Council
P	that there are more than 2 owners of any rateable property, the Chief Executive
d
n	Officer must enrol without application the
a	2 owners—
n	(a) whose names appear first on the rate
o	records in relation to that rateable
ti	property when those names are read in
la	the order in which they appear in those
is	records; and
g	(b) who satisfy the requirements of
e	paragraphs (b), (c) and (d) of sub-
L	section (1) in respect of that rateable
n	property.
a
ri	(5) Despite sub-section (4), if a written request
to	containing the details required by the
ic	regulations is delivered to the Council office
by 4 p.m. on the entitlement date requesting
V	that the owner or 2 owners of the rateable property specified in the request be enrolled

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on the voters' roll instead of the owner or
2 owners that would otherwise be enrolled

by virtue of sub-section (4), the Chief

ts	Executive Officer must give effect to the
n	request.
e

(6) If a person is the owner of more than one

m

u	rateable property in a municipal district, the
c	person may by a written request containing
o	the details required by the regulations
D	delivered to the Council office by 4 p.m. on
ry	the entitlement date specify the location of the rateable property in respect of which the
ta	entitlement under this section is to be
n	exercised.
e

(7) If a person is the owner of more than one

m

ia	rateable property in a municipal district and
rl	the Council does not receive a written request under sub-section (6), the Council—
a
P	(a) must choose one rateable property in
d	respect of which the entitlement under
n	this section is to be exercised; and (b) may for the purposes of paragraph (a)
a
n	choose the rateable property which has
o
ti	the highest capital improved value in
the council valuation records at the
la	entitlement date.
is	14. Owner ratepayers may apply for
g
e	enrolment
L	(1) Subject to sub-sections (2) and (3), a person
n	who on the entitlement date—
a

ri	(a)	is not a person referred to in section 12
to	or 13; and
ic
V

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(b) is not less than 18 years of age or is less than 18 years of age but will attain the age of 18 years on or before election

ts	day; and
n
e	(c) is an owner of any rateable property in
m	a ward— is entitled as a ratepayer to apply to be
u
c	enrolled on the voters' roll in respect of that
o	rateable property.
D

(2) For the purposes of section 13(1) and sub-

ry	section (1), only 2 joint owners can be
ta	enrolled in respect of each rateable property.
n	(3) A person is not entitled to apply to be
e	enrolled under sub-section (1) if an occupier
m	is enrolled as a ratepayer under section 15 in
ia
rl	respect of that rateable property.
a	(4) A person who is enrolled on the voters' roll as an owner under this section may renew the enrolment by an application containing
P
d
n	the details required by the regulations
a	delivered to the Council office by 4 p.m. on the entitlement date before the next general
n	election.
o
ti	15. Occupier ratepayers may apply to be
la	enrolled
is	(1) A person who on the entitlement date— (a) is not a person referred to in section 12,
g
e
L	13 or 14; and
n	(b) is not less than 18 years of age or is less
a
ri	than 18 years of age but will attain the
age of 18 years on or before the
to	election day; and
ic	(c) is the occupier of any rateable property,
V	whether solely or jointly with any other person or persons and is liable to pay

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the rates in respect of that rateable

property—

ts	is entitled as a ratepayer to apply to be
n	enrolled on the voters' roll in respect of that
e	rateable property.
m	(2) For the purposes of sub-section (1), only
u	2 joint occupiers can be enrolled in respect
c	of each rateable property.
o
D	(3) For the purposes of sub-section (1), an occupier is liable to pay the rates in respect
ry	of that rateable property if—
ta	(a) the occupier is paying the rates to the
n
e	Council; or

(b) the lease under which the occupier

m

ia	occupies the rateable property specifies
rl	that the occupier is liable to pay the
a	rates.
P	(4) Subject to sub-section (5), an application
d	under sub-section (1) must be accompanied
n	by the written consent of the owner, or if
a	there are joint owners, of at least 2 of the
n	joint owners, of the rateable property. (5) Sub-section (4) does not apply if it appears
o
ti
la	from the Council records that the occupier is,
or the joint occupiers are, receiving the rate
is	notice.
g
e	(6) If the Council receives an application under
L	sub-section (1), the Council must notify the
n	owner or joint owners that the Council has
a
ri
received the application.

(7) If an application is in force under sub-section

to	(1), an enrolment cannot be made in respect
ic	of the same rateable property under
V	section 13 or 14.

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(8) A person who is enrolled on the voters' roll

as an occupier under sub-section (1) may
renew the enrolment by an application

ts	containing the details required by the
n	regulations delivered to the Council office by
e	4 p.m. on the entitlement date before the next
m	general election.
u
c	(9) Sub-section (4) does not apply to an
o	application under sub-section (8).
D	(10) A person who is enrolled on the voters' roll
ry	as an occupier under sub-section (1) may
ta	resign the enrolment by an application
containing the details required by the
n
e	regulations delivered to the Council. (11) The owner or any 2 of the joint owners may
m
ia	withdraw a written consent under sub-section
rl	(4) by an application containing the details
a	required by the regulations delivered to the
P	Council before 4 p.m. on the entitlement
d	date.
n	16. Provisions relating to corporations
a
(1) Subject to sub-section (3), if on the
n
o	entitlement date a corporation is the sole
ti	owner of any rateable property in a ward and
la	is liable to pay the rates in respect of that
rateable property, the corporation may
is	appoint a person to represent it at Council
g
e	elections to vote on its behalf. (2) Subject to sub-section (3), if on the
L
n	entitlement date a corporation is the owner of
a	any rateable property in a ward jointly with
ri	any other person or persons and is liable to
to	pay the rates in respect of that rateable
ic	property, the corporation may apply to
appoint a person to represent it at Council
V	elections to vote on its behalf.

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(3) If an application is in force under section 15,

an enrolment cannot be made in respect of
the same rateable property under sub-

ts	section (1) or (2).
n
e	(4) Section 14(2) applies in respect of an
m	application under sub-section (3). (5) If on the entitlement date a corporation is the
u
c	occupier of any rateable property in a ward
o	whether solely or jointly with any other
D	person or persons and is liable to pay the
ry	rates in respect of that rateable property, the
ta	corporation may apply to appoint a person to
represent it at Council elections to vote on its
n
e	behalf.
m	(6) Sections 15(2), 15(3), 15(4), 15(5), 15(6),
ia	15(7) and 15(11) apply in respect of an
rl	application under sub-section (5).
a	(7) A corporation may only exercise the right of
P	entitlement conferred by sub-sections (1), (2)
d	and (5) once, regardless of how many
n	rateable properties it owns or occupies or
a	jointly owns or occupies in the municipal
n	district.
o
ti	(8) A corporation may only be represented by
la	one person under this section at a Council
election in respect of a ward, regardless of
is	anything to the contrary in sub-sections (1),
g
e	(2) and (5).
L	(9) An appointment under sub-section (1) and an
n	application for a person to be enrolled for the
a	purposes of sub-section (2) or (5) is void if at
ri	the time the appointment is made the person
to	appointed—
ic	(a) is not a director or company secretary
V	of the corporation; or

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(b) has not reached 18 years of age and will not attain the age of 18 years on or

ts	before election day; or
n	(c) has not consented in writing to be
e	appointed; or
m	(d) is for any other reason entitled to be
u	enrolled on the voters' roll in respect of
c	the municipal district for which the
o	appointment is made; or
D

(e) is as a result of another appointment for

ry	the purposes of sub-section (1), (2) or
ta	(5) which is still in force, already
n	enrolled on the voters' roll in respect of
e	the municipal district for which the
m	appointment is made.
ia	(10) An appointment for the purposes of sub-
rl	section (1), (2) or (5) is revoked if—
a
P	(a) the person appointed—
d	(i) ceases to be a director or company
n	secretary of the corporation; or
a

(ii) dies; or

n

o	(iii) delivers a notice of resignation
ti	containing the details required by
la	the regulations to the Council
is	office; or
g	(iv) for any other reason becomes
e	entitled in his or her own right to
L	be enrolled on the voters' roll in
n	respect of the municipal district
a
ri	for which the appointment was
made; or
to	(b) notice of revocation containing the
ic	details required by the regulations is
V	delivered to the Council office; or

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(c) the entitlement under sub-section (1), (2) or (5) ceases to exist.

ts	17.	Procedure on receipt of notice of
n	appointment under section 16

e	(1) On receiving notice of an appointment, the
m	Chief Executive Officer must enrol the
u	person appointed unless he or she—
c
o	(a) believes the person is not entitled to be
D	enrolled; or

ry	(b)	has already received a valid notice of
ta	appointment in respect of the rateable
property to which the appointment
n	relates and the notice of appointment
e	does not state that it is revoking that
m	previous appointment.
ia

rl	(2) If the Chief Executive Officer refuses to
a	enrol an appointed person, he or she must
P	advise the person who submitted the notice of appointment of the refusal in writing and
d
n	give the person the reason for the refusal.
a	18. General powers relating to enrolment
n	(1) If the Chief Executive Officer refuses an
o
ti	application for enrolment under section 14 or
la	15, the Chief Executive Officer must advise
the applicant that further evidence to his or
is	her satisfaction is required that the applicant
g	is eligible to be enrolled.
e
L	(2) The Chief Executive Officer or a member of
n	the Council staff who is authorised in that
a	behalf by the Chief Executive Officer may
ri	either orally or in writing put to any person
to	in occupation of, resident in, in charge of, or
ic	any person or corporation who is the owner of, or any person who is the agent for the
V	owner of, any land, questions upon any matter relating to an application and, in the

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case of questions put in writing, may require

the answers to be in writing and signed by

ts	the person giving the answers. (3) If the Chief Executive Officer refuses to
n
e	make an enrolment under an application
m	because the Chief Executive Officer is of the
u	opinion that the applicant is not entitled to
c	enrolment the Chief Executive Officer must
o	advise the applicant in writing of the refusal
D	and of the reason for the refusal.

ry	19.	Notification of change or cessation of
ta	entitlement

n	(1) If there has been a change in the particulars
e	(other than age) or a cessation of entitlement
m	to enrolment on the qualification specified
ia	for the purposes of section 14, 15, 16(1),
rl	16(2) or 16(5)—
a	(a) the person enrolled, in the case of an
P	enrolment under section 14 or 15; or
d	(b) the corporation on whose behalf a
n
a	person is enrolled, in the case of an enrolment under section 16—
n
o	must notify the Chief Executive Officer in
ti	writing within 1 month of that change or
la	cessation of entitlement.
is	(2) Any person or corporation that contravenes
g	sub-section (1) is guilty of an offence and
e	liable to a penalty of not more than 3 penalty
L	units.
n
a
ri

20. Request that address not be shown

(1) A person may lodge a request with the Chief

to	Executive Officer in the prescribed form that
ic	the address of the person not be shown on
V	any voters' roll if the person considers that having the address on the voters' roll places

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or would place the personal safety of the

person or of members of the person's family

ts	at risk.
n	(2) A request must—
e	(a) give particulars of the relevant risk; and
m	(b) be verified by statutory declaration by
u
c	the person making the request.
o	(3) If the Chief Executive Officer is satisfied
D	that having the address of the person making
ry	the request shown on any voters' roll places
ta	or would place the personal safety of the person or of members of the person's family
n	at risk, the Chief Executive Officer must
e	ensure that the address of the person is not
m	entered on any voters' roll.
ia
rl	(4) The Chief Executive Officer must notify the
a	person in writing of a decision to grant or
P	refuse a request made by a person under sub- section (1).".
d
n	11. Sections 21 to 24 substituted
a

For sections 21 to 24 of the Local Government

n	Act 1989 substitute—
o
ti	"21. Victorian Electoral Commission to
la	prepare voters' list of residents
is	(1) The Victorian Electoral Commission must
g	within 7 days of the exhibition roll date for a
e	general election supply to the Registrar a
L	voters' list of residents for each ward of the
n	persons who appear to the Victorian
a
ri	Electoral Commission to be entitled to be
enrolled as at the exhibition roll date under
to	sections 12(1) and 12(2), identifying those
ic	persons whose request that their principal
V	place of residence not be shown has been accepted.

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(2) The Victorian Electoral Commission must

within 7 days of the exhibition roll date for a general election supply to the Registrar a list

ts	of the names of persons—
n
e	(a) who are no longer entitled to be
m	enrolled as an elector for the Council or
u	Assembly by virtue of section 48(2)(d)
c	of the Constitution Act 1975 since the
o	Victorian Electoral Commission last
D	supplied such a list; and

ry	(b)	whose last recorded address was in the
ta	municipal district.

n	(3) The Chief Executive Officer must supply to
e	the Victorian Electoral Commission within
m	the period specified by the Victorian
ia	Electoral Commission any information
rl	required by the Victorian Electoral
a	Commission to prepare the voters' list.
P	22. Chief Executive Officer to prepare voters'
d	list of ratepayers
n
a	(1) The Chief Executive Officer is responsible for the preparation of the voters' list of
n
o	ratepayers prepared under this section and
ti	the maintenance of any records which may
la	be required to facilitate the preparation of an
is	accurate and complete voters' list. (2) The Chief Executive Officer must within
g
e	7 days of the exhibition roll date for a
L	general election supply to the Registrar a
n	voters' list of ratepayers for each ward of the
a	persons who appear to the Chief Executive
ri	Officer to be entitled to be enrolled as at the
to	exhibition roll date under sections 13, 14, 15
ic	and 16 identifying those persons whose
request that their address not be shown has
V	been accepted.

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23. Registrar to prepare exhibition roll

(1) The Registrar must from the voters' lists

ts	received under sections 21 and 22 compile
n	the exhibition roll for a general election. (2) The Registrar must remove from the voters'
e
m	list received under section 22—
u
c	(a) any person who appears on the voters'
o	list supplied under section 21(1); and (b) any person who appears on the list
D
ry	supplied under section 21(2).
ta	(3) An exhibition roll may be prepared— (a) for each of, or combining, the voters'
n
e	lists; and
m
ia	(b) for each ward or for the whole of the
rl	municipal district but identifying the
a	ward in respect of which each person is
P	enrolled.
d	23A. Public notification and exhibition
n	(1) In the case of a general election, the Chief
a	Executive Officer must on or before the
n	exhibition roll date—
o
ti	(a) if the entitlement under section 14 or 15
la	has been exercised by a person, give a
is	letter to the person specifying that the
g	enrolment of the person on the voters'
e	roll will cease to have effect on the
L	entitlement date and that if still entitled,
n	an application to renew the enrolment
a	must be made under section 14(4) or
ri	15(8); or
to	(b) if the entitlement under section 14 or 15
ic	has been exercised by a corporation
V	under section 16(5), give a letter to the corporation specifying that the

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enrolment of the person on the voters'
roll to represent the corporation will

cease to have effect on the entitlement

ts	date and that if still entitled, an
n	application to renew the enrolment
e	must be made under section 16(5); or
m
u	(c) if a corporation has exercised the
c	entitlement under section 16(1) or
o	16(2), give a letter to the corporation
D	specifying that the enrolment of the
ry	person on the voters' roll to represent
the corporation continues to have effect
ta	unless a new application is made under
n	section 16.
e

(2) Without limiting sub-section (1), the Chief

m

ia	Executive Officer must on or before the first
rl	exhibition roll date after the commencement of section 11 of the Local Government Act
a	(Democratic Reform) Act 2003 give a letter
P	to—
d	(a) each person enrolled under sections
n
a	11(4) and 12 as in force before that
n	commencement; and
o
ti	(b) each corporation which has made an

appointment under section 13 as in

la	force before that commencement—
is	specifying the relevant entitlements and
g
e	requirements for enrolment after that
L	commencement.
n	(3) A letter under sub-section (1) or (2) must be
a	accompanied by the relevant application
ri	form under section 14, 15 or 16.
to	(4) In the case of a by-election or a poll of
ic	voters, the exhibition roll to be used for the
V	purposes of this section and section 24 is the voters' roll prepared for the last election.

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(5) The Registrar must at least 10 days before

the entitlement date publish a public notice

ts	stating—
n	(a) the entitlement date;
e	(b) when and where the exhibition roll is
m	available for inspection by members of
u	the public;
c
o	(c) that a person has a right of objection
D	under this section; (d) when the voters' roll will close;
ry
ta	(e) who can apply to enrol;
n	(f) how they can apply to enrol. (6) The Registrar must ensure that the exhibition
e
m
ia	roll is available for inspection by members of
rl	the public for the period—
a	(a) beginning at least 5 working days
P	before the entitlement date; and
d	(b) ending at 4 p.m. on the entitlement
n	date.
a

(7) A person may within the period specified in

n

o	sub-section (6) object in writing to the
ti	Registrar on the ground that the exhibition
la	roll contains—
is	(a) an omission, error, misnomer or
g	inaccurate description of any person,
e	place or thing; or
L

(b) the name of a person who has died; or

n

a	(c) the name of a person who is no longer
ri	entitled to be enrolled as an elector for
to	the Council or Assembly by virtue of
ic	section 48(2)(d) of the Constitution
V	Act 1975.

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(8) The Registrar must as soon as practicable

after receiving an objection which relates to
the voters' list prepared under section 21

ts	forward the objection to the Victorian
n	Electoral Commission.
e

24. Preparation of voters' rolls

m

u	(1) The close of the roll is 4 p.m. on the
c	entitlement date.
o
D	(2) The Registrar must compile a voters' roll containing the prescribed particulars of
ry	persons entitled to be enrolled as at the close
ta	of the roll from—
n	(a) the exhibition roll; and
e
(b) objections received under section
m
ia
rl

23A(7); and

(c) information received under sub-

a	sections (4) and (5).
P

(3) A voters' roll may be prepared for each ward

d	or for the whole of the municipal district but
n
a	identifying the ward in respect of which each person is enrolled.
n
o	(4) The Victorian Electoral Commission must
ti	provide to the Registrar not later than 5 days
la	after the entitlement date sufficient records
is	in a form specified by the Registrar so as to
g	enable the exhibition roll to be updated in
e	respect of persons entitled to be enrolled
L	under sections 12(1) and 12(2) as at the close
n	of the roll.
a
ri	(5) The Chief Executive Officer must provide to

the Registrar sufficient information in a form

to	and at the times specified by the Registrar so
ic	as to enable the exhibition roll to be updated
V	in respect of persons whose entitlement arises as a ratepayer under section 13, 14, 15,

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or 16 during the period from the exhibition

roll date until the close of the roll.

ts	(6) The Chief Executive Officer must— (a) in the case of a general election or a
n
e	by-election, not later than 3 days before
m	nomination day; or
u
c	(b) in the case of a poll of voters, not later
o	than 14 days after the entitlement
D	date—
ry	certify in writing that the voters' roll has
ta	been prepared in accordance with this Act. (7) The voters' roll signed and certified by the
n
e	Chief Executive Officer—
m	(a) continues in force until the next voters'
ia	roll is prepared; and
rl	(b) must not be amended except in
a
P	accordance with section 24A.
d	24A. Amendment of voters' roll
n	(1) A voters' roll may be amended by the Chief
a	Executive Officer if—
n
o	(a) there is any error in the preparation,
ti	printing or copying of the voters' roll;
la	or
is	(b) there is any misnomer or any inaccurate
g	description of any person, place or
e	thing on the voters' roll; or
L

(c) the Chief Executive Officer is advised

n

a	in writing by the Victorian Electoral
ri	Commission that an objection under
to	section 23A(7) relating to a person enrolled under section 12(1) or 12(2)
ic	has been determined by the Victorian
V	Electoral Commission to be valid.

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(2) If an amendment under sub-section (1)(a) or

(1)(b) relates to a person enrolled under
section 12(1) or 12(2), the Chief Executive

ts	Officer must obtain the approval of the
n	Victorian Electoral Commission.
e

(3) The amendment of the voters' roll under sub-

m

u	section (1) must be—
c	(a) certified by the Chief Executive Officer
o	and the Returning Officer for the
D	election; or
ry	(b) if a member of Council staff is the
ta	Returning Officer for the election,
n	certified by the Chief Executive Officer
e	and the Victorian Electoral
m	Commission.
ia	(4) The certification under sub-section (3)
rl	must—
a
P	(a) be in writing;
d	(b) detail the amendments made;
n	(c) specify the reasons why the amendments were made.
a
n
o	24B. Inspection of voters' roll
ti	The Chief Executive Officer must ensure
la	that the voters' roll certified under section 24
is	is available for inspection by members of the
g	public for the period—
e
L	(a) beginning on the day that the voters'
n	roll is certified; and (b) ending 30 days after election day.
a
ri
to
ic
V

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s. 11

24C. Provision of voters' rolls

(1) The Chief Executive Officer must only

ts	provide a copy of a voters' roll to a person in
n	accordance with this section.
e	(2) On the request of any candidate for an
m	election, the Chief Executive Officer must
u	provide to the candidate, free of charge, a
c	copy of the voters' roll for the ward or
o	municipal district for which the candidate
D	has nominated, in a form determined by the
ry	Chief Executive Officer.
ta	(3) A candidate must—
n	(a) only use a copy of a voters' roll
e	provided under sub-section (2) for the
m	purpose of conducting the election
ia
rl	campaign; and
a	(b) within the period of 30 days after the
P	day of the election, either destroy the copy of the voters' roll and any copies
d
n	made from it or return the copy of the
a	voters' roll and any copies made from it to the Chief Executive Officer.
n
o
ti	Penalty: 20 penalty units.
la	(4) On the request of any person or organisation,

the Chief Executive Officer may only

is	provide a copy of the voters' roll to the
g	person or organisation for a permitted
e
L	purpose—

(a) in a form determined by the Chief

n

Executive Officer; and

a
ri

(b) subject to any conditions determined by

to	the Chief Executive Officer; and
ic	(c) upon payment of the fee determined by
V	the Chief Executive Officer.

Local Government (Democratic Reform) Act 2003

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Part 3—Electoral Matters

s. 11

(5) A permitted purpose for the purposes of sub- section (4) is—

ts	(a)	any purpose connected with an
n	election;

e	(b) any purpose connected with
m	communicating with or surveying
u	constituents in relation to council
c	functions;
o
D	(c) the conduct of a poll of voters;
ry	(d) subject to the approval of the Privacy
ta	Commissioner, any other public interest
purpose.
n
e	(6) A permitted purpose under paragraph (a), (b)
m	or (c) of sub-section (5) is restricted to use
ia	by the Council or on behalf of the Council or
rl	on behalf of a candidate.
a	(7) If a request is for a permitted purpose to
P	which sub-section (5)(d) applies, the Chief
d	Executive Officer must forward the request
n	to the Privacy Commissioner.
a

(8) The Privacy Commissioner may approve a

n	proposed use as a public interest purpose if
o
ti	the Privacy Commissioner is satisfied that
la	the public interest involved in the proposed
use outweighs the public interest in
is	protecting the privacy of personal
g	information in the particular circumstances.
e
L	(9) In considering the request, the Privacy
n	Commissioner may have regard to—
a
ri	(a) the public interest involved in the

proposed use of the voters' roll; and

to	(b) the public interest in protecting the
ic	privacy of personal information; and
V

Local Government (Democratic Reform) Act 2003

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Part 3—Electoral Matters

s. 12

(c) any alternative sources of information that would be available.

ts	(10) If the Privacy Commissioner does not
n	approve a proposed use as a public interest
e	purpose, the Chief Executive Officer must
m	reject the request for a copy of the voters'
u	roll to be used for that purpose. (11) A person or organisation that is provided
c
o	with a copy of the voters' roll under sub-
D	section (4) must—
ry	(a) only use the copy of the voters' roll for
ta	the permitted purpose for which the
n	voters' roll was provided; and (b) within the period specified in the
e
m	conditions subject to which the voters'
ia	roll was provided, either destroy the
rl	copy of the voters' roll and any copies
a	made from it or return the copy of the
P	voters' roll and any copies made from it
d	to the Chief Executive Officer.
n
a	Penalty: 20 penalty units. (12) The Chief Executive Officer must not
n
o	provide particulars of any person whose
ti	request that their address not be shown has
la	been accepted.".
is	12. Amendments consequential on changes in section 11
g
e	(1) In section 3(1) of the Local Government Act
L	1989—
n	(a) for the definition of "entitlement date"
a
ri	substitute—
to	' "entitlement date" means—

ic	(a)	the day that is 57 days before the
V	election day; or

Local Government (Democratic Reform) Act 2003

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Part 3—Electoral Matters

s. 12

(b)

if the date determined under means the day which is the last

ts	working day before that day;';
n
e	(b) insert the following definitions—
m	' "election day" means—
u
c	(a) in the case of an election, the day
o	of an election determined under
D	section 31 or 38;

ry	(b)	in the case of a poll of voters', the
ta	relevant date specified in the
public notice under clause 16 of
n
e	Schedule 3;

m	"exhibition roll" means the roll prepared
ia	under section 23;
rl	"exhibition roll date" means—
a	(a) the day that is 100 days before election day; or
P
d
n	(b) an earlier day than the day that is
a	100 days before election day and
n	which is specified in an Order in
o	Council for the purposes of this
ti	definition;';
la	(c) in the definition of "person" before "Part 3"
is	insert "Divisions 1 to 7 of";
g
e	(d) insert the following definitions—
L	' "Privacy Commissioner" means the
n	Privacy Commissioner appointed under
a
ri	the Information Privacy Act 2000;
to	"rateable property" in relation to

Division 1 of Part 3, means an

ic	occupancy which is separately valued
V	under section 13DC of the Valuation of Land Act 1960 and is rateable land;

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s. 13

"Registrar" means—

(a) the Chief Executive Officer; or

ts	(b) if the Council has engaged an
n	Electoral Commission to prepare
e	the exhibition roll and the voters'
m	roll, the relevant officer appointed
u	in writing by the Electoral
c	Commission to be the Registrar;'.
o
D	(2) In the Local Government Act 1989—

ry	(a)	in section 25(2) for "altered as directed under
ta	section 43" substitute "amended under
section 24A";
n
e	(b)	in section 43(1), paragraphs (b) and (c) are
m	repealed;

ia	(c) in section 222(1), omit "the voters' roll and". (3) For section 41A(3) of the Local Government Act
rl
a
P	1989 substitute—
d	'(3) If an election or a poll of voters is conducted
n	under this section, voting closes at 6 p.m. on
a	the last working day before election day in
n	the election or poll of voters. (3A) For the purposes of this section, Schedule 2
o
ti	applies as if for "31st day" there were
la	substituted "32nd day".'.
is	13. Consequential amendment to Docklands Act 1991
g
e	For section 35O(2) of the Docklands Act 1991
L	substitute—
n	"(2) Divisions 1 and 2 of Part 3 of the Local
a
ri	Government Act 1989 apply (with any
to	alterations and adaptations that the Authority
considers necessary) in relation to eligibility
ic	for enrolment and the preparation of the
V	voters' roll for the docklands area for the purposes of this Division.".

Local Government (Democratic Reform) Act 2003

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s. 14

14. Qualification to be a Councillor

For section 28(1) of the Local Government Act

ts	1989 substitute—
n	"(1) A person is qualified to be a candidate for
e	the office of Councillor if he or she has an
m	entitlement referred to in section 11.
u
c	(1A) A person is qualified to become and continue
o	to be a Councillor at a particular time if,
D	were that particular time the entitlement date and a voters' roll prepared, sub-section (1)
ry	would apply to that person.
ta	(1B) Despite sub-section (1), a person who is
n	qualified to be, and is, a Councillor,
e	immediately before the commencement of
m	section 14 of the Local Government
ia	(Democratic Reform) Act 2003 does not
rl	cease to be qualified to continue in office for
a	the duration of his or her current term of
P	office only because of the amendment made
d	to this section by section 14 of the Local
n	Government (Democratic Reform) Act
a	2003.".
n	15. Divisions 4 and 5 of Part 3 substituted
o
ti	For Divisions 4 and 5 of Part 3 of the Local
la	Government Act 1989 substitute—
is
g	'Division 4—Holding of General Elections
e
L	31. General elections
n	(1) Subject to this Division, a general election of
a
ri	Councillors for all Councils must be held on
the last Saturday in November 2008 and
to	thereafter on the last Saturday in November
ic	in the fourth year after the last general
V	election of Councillors for all Councils was held.

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(2) Despite sub-section (1), the first general

election of Councillors after the
commencement of section 15 of the Local

ts	Government (Democratic Reform) Act
n	2003—
e

(a) of Councils which held their last

m

u	general election before 1 January 2003,
c	must be held on the last Saturday in
o	November 2004; and
D	(b) of Councils which held their last
ry	general election after 1 January 2003,
ta	must be held on the last Saturday in
November 2005.
n
e	(3) Despite sub-section (1), if as a result of the
m	expiry of the Legislative Assembly of the
ia	Parliament of Victoria under section 38(1) of
rl	the Constitution Act 1975, a general
a	election will be held under the Constitution
P	Act 1975 on the same day on which a
d	general election of Councillors for all
n	Councils would be required to be held by
a	sub-section (1), sub-section (1) applies in
n	respect of that general election of
o	Councillors for all Councils as if for "fourth
ti	year" there were substituted "third year".
la	(4) Despite sub-section (1), if a Council is
is	required to hold a general election other than
g	in accordance with sub-section (1)—
e	(a) on a day which is 2 years or more before the day on which the next
L
n
a	general election of Councillors for all
ri	Councils is to be held, the Council must
to	hold its next general election on the day on which the next general election of
ic	Councillors for all Councils is to be
V	held;

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Part 3—Electoral Matters

s. 15

(b) on a day which is less than 2 years before the day on which the next general election of Councillors for all

ts	Councils is to be held, the Council must
n	hold—
e

(i) its next general election on the day

m

u	which is the last Saturday in
c	November in the first year after
o	the year on which the next general
D	election of Councillors for all
ry	Councils is to be held; and
ta	(ii) each subsequent general election

on the day on which the general

n

e	election of Councillors for all Councils is to be held.
m
ia	(5) Despite sub-section (1), in exceptional
rl	circumstances, on the recommendation of the
a	Minister, the Governor in Council may by
P	Order in Council postpone the election day
d	under sub-section (1), (2), (3) or (4) to
n	another Saturday as nearest as possible to the
a	election day.
n	(6) Without limiting the generality of sub-
o
ti	section (5), it is an exceptional circumstance
for the purposes of sub-section (5) if as a
la	result of the dissolution of the Legislative
is	Assembly of the Parliament of Victoria
g	under the Constitution Act 1975, a general
e	election will be held under the Constitution
L	Act 1975 on a Saturday during the period
n	commencing 4 weeks before the Saturday on
a
ri	which a general election of Councillors for
all Councils would be required to be held by
to	sub-section (1) and ending 2 weeks after the
ic	Saturday on which a general election of
V	Councillors for all Councils would be required to be held by sub-section (1).'.

Local Government (Democratic Reform) Act 2003

Act No. 109/2003

Part 3—Electoral Matters

s. 16

16. Amendments consequential on changes in section 15

(1) In the Local Government Act 1989— (a) in section 38(2B) for "triennial election"

ts

n	substitute "general election";
e

(b) section 68(1) is repealed;

m

u	(c) in section 68(2), for "If a Council is holding
c	triennial elections" substitute "At a general
o	election,".
D

(2) In section 219 of the Local Government Act

ry	1989—
ta	(a) for sub-section (9)(a) substitute— "(a) the Governor in Council must reinstate
n
e
m	the Councillors and the administrator
ia
rl
then goes out of office; or";

(b) in sub-section (9)(b), after "Council" insert

a	"and publish notice of the date in the
P	Government Gazette";
d	(c) in sub-section (10), for "by-election"
n	substitute "general election".
a

(3) Part 12 of the Local Government Act 1989 is

n

repealed.

o
ti

17. Section 37 substituted

la

is	For section 37 of the Local Government Act
1989 substitute—
g
e	"37. Extraordinary vacancy within 6 months
L	before a general election
n	If an extraordinary vacancy occurs within
a
ri	6 months before a general election, the extraordinary vacancy is not to be filled
to	unless the Council decides to fill the
ic	vacancy.".
V

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Part 3—Electoral Matters

s. 18

18. Extraordinary vacancies

(1) In sections 37A(1)(b)(i) and 37A(1)(b)(ii) of the

ts	Local Government Act 1989, for "3 months"
n	substitute "6 months".
e	(2) For section 38(1) of the Local Government Act
m	1989 substitute—
u
c	"(1) An election to fill an extraordinary vacancy
o	must be held on a Saturday which is not later
D	than the 100th day after the extraordinary
ry	vacancy. (1A) The date of an election under sub-section (1)
ta	must be—
n
e	(a) fixed by the Minister; and
m	(b) published in the Government Gazette. (1B) The Chief Executive Officer must notify the
ia
rl
a	Minister that an extraordinary vacancy has
P	occurred within 3 working days of becoming aware of the extraordinary vacancy.".
d
n	(3) After section 38(2A) of the Local Government
a	Act 1989 insert—
n	"(2AA) If an extraordinary vacancy is caused by the
o
ti	decision of the Victorian Civil and
Administrative Tribunal on an application
la	for review, the extraordinary vacancy occurs
is	on the day the decision is given.".
g
e	(4) In section 38(2B) of the Local Government Act
L	1989, after "Sub-section (2A)" insert "or (2AA)". (5) In section 38(2C) of the Local Government Act
n
a
ri	1989, after "tribunal" insert "or the decision of the
Victorian Civil and Administrative Tribunal".
to
ic
V

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s. 19

(6) In section 38(3) of the Local Government Act

1989, for "a separate election must be held in
respect of each vacancy" substitute "one election

ts	must be held to fill all the extraordinary vacancies
n	at the same time".
e

(7) After section 38(3) of the Local Government Act

m

u	1989 insert—
c	"(4) Despite anything to the contrary in this
o	section, in exceptional circumstances, on the
D	recommendation of the Minister, the
ry	Governor in Council may by Order in
ta	Council postpone the election day under this
section to another Saturday as nearest as
n
e	possible to the election day.".
m	19. Section 39 substituted
ia	For section 39 of the Local Government Act
rl	1989 substitute—
a
P	"39. One vote per person
d	A person who is entitled to vote at an
n	election is only entitled to 1 vote in respect
a	of each municipal district for which he or she
n	is enrolled.".
o
ti	20. Amendment consequential on change in section 19
la	In section 58(3)(a) of the Local Government Act
is	1989, omit "(unless allowed or required to do so
g	by section 39 or 40A)".
e
L
n
a
ri
to
ic
V

Local Government (Democratic Reform) Act 2003

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Part 3—Electoral Matters

s. 21

21. Voting is compulsory

(1) In section 40(2) of the Local Government Act

ts	1989, for the definition of "prosecution officer"
n	substitute—
e	' "prosecution officer" means—
m	(a) the Chief Executive Officer or a person
u
c	appointed by the Chief Executive
o	Officer for the purposes of this section;
D	or

ry	(b)	if an Electoral Commission is
ta	responsible for the prosecutions under
this section, the Electoral Commission
n	or a person appointed by the Electoral
e	Commission for the purposes of this
m	section.'.
ia

rl	(2) In section 40(4) of the Local Government Act
a	1989—
P	(a) for paragraph (a) substitute— "(a) the details of the election, including—
d
n
a	(i) the name of the Council;
n	(ii) the date of the election;
o
ti	(iii) the name of the ward—
la	in respect of which the alleged
is	infringement relates;";
g	(b) after paragraph (d) insert—
e
L	"(da) the methods by which the prescribed
n	penalty may be paid;".
a
ri	(3) Section 40(11) of the Local Government Act
to	1989 is repealed.
ic
V

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s. 22

22. Municipal electoral tribunals

(1) For section 45(1) of the Local Government Act

ts	1989 substitute—
n	"(1) Within 14 days of the declaration of the
e	result of an election—
m	(a) a candidate in that election who
u
c	disputes the validity of the election; or (b) 10 voters who dispute the validity of
o
D	the election—
ry	may apply for an inquiry into the election by
ta	a municipal electoral tribunal.".
n	(2) Section 48(1) of the Local Government Act 1989
e	is repealed.
m
ia	(3) For section 48(3) of the Local Government Act
rl	1989 substitute—
a	"(3) An application for review must be made
P	within 7 days of a copy of the decision being
d	given to the parties to the application. (4) The Tribunal's power under this section is
n
a	exercisable only by a presidential member of
n	the Tribunal.".
o
ti	(4) In section 49(1) of the Local Government Act
la	1989, after "reasons" insert "in writing".
is	(5) For section 49(2) of the Local Government Act
g	1989 substitute—
e
L	"(2) A municipal electoral tribunal must provide a copy of its decision to—
n
a	(a) each party to the application; and
ri	(b) the Minister.".
to
ic
V

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s. 23

(6) For clause 1 of Schedule 4 of the Local Government Act 1989 substitute—

ts	"1. Constitution
n	A Tribunal is to be constituted by a magistrate or
e	acting magistrate appointed by the Attorney- General.".
m
u	(7) In Schedule 4 of the Local Government Act
c	1989, in clauses 2(2) and 2(3), for "Minister"
o	substitute "Attorney-General".
D

23. Change in terminology

ry	In the Local Government Act 1989—
ta	(a) in section 52 and clauses 6(3), 7(1) and 9(1)
n
e	of Schedule 2, for "notice of candidature" (wherever occurring) substitute
m	"nomination";
ia

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s. 97

(d) is not a resident of that rateable property—

ts	is entitled without application to be enrolled
n	on the voters' roll in respect of that rateable
e	property.
m	(4) For the purposes of sub-section (3), only
u	2 joint owners are entitled to be enrolled in
c	respect of any 1 rateable property.
o
D	(5) A person who on the entitlement date—

ry	(a)	is not a person referred to in sub-
ta	section (1) or (3); and

n	(b) is not less than 18 years of age or is less
e	than 18 years of age but will attain the
m	age of 18 years on or before the
ia
rl
election day; and

(c) is the occupier of any rateable property,

a	whether solely or jointly with any other
P	person or persons; and
d	(d) is not a resident of that rateable
n
a	property—
n	is entitled without application to be enrolled
o	on the voters' roll in respect of that rateable
ti	property.
la	(6) For the purposes of sub-section (5), only
is	2 joint occupiers are entitled to be enrolled in
g	respect of any rateable property.
e
L	9B. Persons entitled to apply to be enrolled
n	(1) A person who on the entitlement date—
a

ri	(a)	is not a person referred to in section
to	9A; and
ic
V

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s. 97

(b) is not less than 18 years of age or is less than 18 years of age but will attain the age of 18 years on or before election

ts	day; and
n

e (c) is an owner or occupier of any rateable

m	property in the municipal district— is entitled to apply to be enrolled on the
u
c	voters' roll in respect of that rateable
o	property.
D

(2) For the purposes of section 9A(3) and sub-

ry	section (1), only 2 joint owners are entitled
ta	to be enrolled in respect of any 1 rateable
n	property.
e	(3) For the purposes of section 9A(5) and sub-
m	section (1), only 2 joint occupiers are entitled
ia	to be enrolled in respect of any rateable
rl	property.
a
P	9C. Corporations
d	(1) If on the entitlement date—
n	(a) a corporation is the owner or occupier of any rateable property in the
a
n	municipal district; or
o
ti	(b) the joint owners or joint occupiers of
la	any rateable property in the municipal
is	district consist of corporations or a
g	combination of people and corporations
e	(of at least 1 person and
L	1 corporation)—
n	the corporation or the joint owners or joint
a
ri	occupiers may appoint 2 people to represent
it or them at Council elections to vote on its
to	or their behalf.
ic	(2) A corporation may only exercise the right of
V	entitlement conferred by sub-section (1) once, regardless of how many rateable

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s. 97

properties it owns or occupies or jointly

owns or occupies in the municipal district.

ts	(3) A person can not be appointed to represent a
n	corporation unless the person is a director or
e	company secretary of the corporation.
m	9D. Procedure in relation to representatives of
u	corporations
c
o	(1) This section applies if a corporation is the
D	sole owner or occupier of any rateable property in the municipal district and the
ry	Chief Executive Officer has not received by
ta	4 p.m. on the entitlement date notice under
n	section 9C that the corporation has appointed
e	2 representatives who are eligible to be
m	enrolled.
ia	(2) If the corporation has validly appointed
rl	1 representative, the Chief Executive Officer
a	must enrol as a representative of the
P	corporation, the company secretary of the
d	corporation whose name appears first if an
n	alphabetical list of the company secretaries
a	of the corporation is prepared.
n	(3) If the corporation has not validly appointed
o
ti	any representatives, the Chief Executive
la	Officer must enrol as representatives of the
is	corporation, the first 2 of the following—
g	(a) the company secretaries of the
e	corporation (to be taken in alphabetical
L	order);
n	(b) the directors of the corporation (to be
a
ri	taken in alphabetical order).
to	(4) Despite sub-sections (2) and (3), if a person
ic	required to be enrolled as a representative of
the corporation by applying those sub-
V	sections is otherwise entitled to be enrolled, the Chief Executive Officer must not enrol

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s. 97

that person as a representative of that

corporation under this section.

ts	(5) For the purposes of sub-sections (2) and (3),
n	the Chief Executive Officer may use the
e	most recent information that is available
m	after the exhibition roll date from the
u	Australian Securities and Investments
c	Commission concerning the name, address
o	and age of the persons specified in those sub-
D	sections.
ry	(6) The Chief Executive Officer must advise the
ta	corporation in writing of any person who has
been enrolled as a representative of the
n
e	corporation under this section.
m	9E. Limitations on right of entitlement
ia	(1) A person or corporation is not entitled to
rl	elect which right of entitlement conferred by
a	section 9A(1), 9A(3), 9A(5), 9B or 9C(1) to
P	exercise.
d	(2) Despite anything to the contrary in this Part, a person is only entitled to vote once at any election for the Lord Mayor or Deputy Lord
n
a
n
o	Mayor and once at any election for the other
ti	Councillors, regardless of how many
la	different entitlements the person may have.
is	9F. Procedure if there are more than 2 non-
g	resident owners or occupiers
e	(1) For the purposes of section 9A(3) or 9A(5),
L	if it appears from the Council records that
n	there are more than 2 owners or more than
a
ri	2 occupiers of any rateable property, the Chief Executive Officer must enrol without
to	application the 2 owners or 2 occupiers—
ic	(a) whose names appear first on the
V	Council records in relation to that rateable property when those names are

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s. 97

read in the order in which they appear

in those records; and

ts	(b)	who satisfy the requirements of
n	paragraphs (b), (c) and (d) of section
e	9A(3) or paragraphs (b), (c) and (d) of
m	section 9A(5) in respect of that rateable
u	property.

c	(2) Despite sub-section (1), if a written request
o	containing the details required by the
D	regulations is delivered to the Council office
ry	by 4 p.m. on the entitlement date requesting
ta	that the owner or 2 owners, or occupier or
2 occupiers, of the rateable property
n
e	specified in the request be enrolled on the voters' roll instead of the owner or 2 owners,
m
ia	or occupier or 2 occupiers, that would
rl	otherwise be enrolled by virtue of sub-
section (1), the Chief Executive Officer must
a	give effect to the request.
P

(3) A person enrolled on the voters' roll in

d

n	accordance with sub-section (1) or (2)
a	continues to be enrolled unless a written
n	request containing the details required by the
o	regulations is delivered to the Council office
ti	by 4 p.m. on the entitlement date requesting
la	that the owner or occupier specified in the
is	request be enrolled on the voters' roll instead
of that person.
g
e	9G. Provisions relating to appointments for
L	the purposes of section 9C
n	(1) An appointment under section 9C(1) is void
a
ri	if at the time the appointment is made the
to	person appointed—
ic	(a) is not a director or company secretary

of the corporation; or

V

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(b) has not reached 18 years of age and will not attain the age of 18 years on or

ts	before election day; or
n	(c) has not consented in writing to be
e	appointed; or
m	(d) is for any other reason already enrolled,
u	or entitled to be enrolled, on the voters'
c	roll in respect of the municipal district.
o
D	(2) An appointment for the purposes of section
ry	9C(1) is revoked if—
ta	(a) the person appointed—
n	(i) ceases to be a director or company
e	secretary of the corporation; or
m	(ii) dies; or
ia
rl	(iii) delivers a notice of resignation
a	containing the details required by
P	the regulations to the Council office; or
d
n	(iv) for any other reason becomes
a	entitled in his or her own right to
n	be enrolled on the voters' roll in
o	respect of the municipal district;
ti	or
la	(b) notice of revocation containing the
is	details required by the regulations is
g	delivered to the Council office; or
e
L	(c) the entitlement under section 9C(1)
n	ceases to exist.
a
ri	9H. Procedure on receipt of notice of

appointment under section 9C

to	(1) On receiving notice of an appointment, the
ic	Chief Executive Officer must enrol the
V	person appointed unless he or she believes the person is not entitled to be enrolled.

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(2) If the Chief Executive Officer receives a

notice of appointment in respect of any
rateable property in respect of which

ts	2 people have already been enrolled—
n
e	(a) if the notice only appoints one person
m	and does not revoke the appointment of
u	either of the 2 people enrolled, the
c	Chief Executive Officer must refuse to
o	enrol the person;
D	(b) if the notice appoints 2 people, the
ry	Chief Executive Officer must enrol
ta	those 2 people and must remove the names of the 2 people previously
n
e	enrolled from the voters' list, regardless of whether or not the notice revokes the
m	earlier appointment.
ia
rl	(3) If the Chief Executive Officer refuses to
a	enrol an appointed person, he or she must
P	advise the person who submitted the notice
d	of appointment of the refusal in writing and
n	give the person the reason for the refusal.
a	9I. General powers relating to enrolment
n	(1) If the Chief Executive Officer refuses an
o
ti	application for enrolment under section 9B,
la	the Chief Executive Officer must advise the applicant that further evidence to his or her
is	satisfaction is required that the applicant is
g
e	eligible to be enrolled.
L	(2) The Chief Executive Officer or a member of
n	the Council staff who is authorised in that
a	behalf by the Chief Executive Officer may
ri	either orally or in writing put to any person
to	in occupation of, resident in, in charge of, or
ic	any person or corporation who is the owner of, or any person who is the agent for the
V	owner of, any land, questions upon any

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matter relating to an application and, in the
case of questions put in writing, may require

the answers to be in writing and signed by

ts	the person giving the answers.
n
e	(3) If the Chief Executive Officer refuses to
m	make an enrolment under an application
u	because the Chief Executive Officer is of the
c	opinion that the applicant is not entitled to
o	enrolment the Chief Executive Officer must
D	advise the applicant in writing of the refusal
ry	and of the reason for the refusal.
ta	9J. Notification of change or cessation of

entitlement

n

e	(1) If there has been a change in the particulars
m	(other than age) or a cessation of entitlement
ia	to enrolment on the qualification specified
rl	for the purposes of section 9B or 9C(1)—
a	(a) the person enrolled, in the case of an
P	enrolment under section 9B; or
d	(b) the corporation on whose behalf a
n
a	person is enrolled, in the case of an enrolment under section 9C—
n
o	must notify the Chief Executive Officer in
ti	writing within 1 month of that change or
la	cessation of entitlement.
is	(2) Any person or corporation that contravenes
g	sub-section (1) is guilty of an offence and
e	liable to a penalty of not more than 3 penalty
L	units.
n
a
ri

10. Request that address not be shown

(1) A person may lodge a request with the Chief

to	Executive Officer in the prescribed form that
ic	the address of the person not be shown on
V	any voters' roll if the person considers that having the address on the voters' roll places

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or would place the personal safety of the

person or of members of the person's family

ts	at risk.
n	(2) A request must—
e	(a) give particulars of the relevant risk; and
m	(b) be verified by statutory declaration by
u
c	the person making the request.
o	(3) If the Chief Executive Officer is satisfied
D	that having the address of the person making
ry	the request shown on any voters' roll places
ta	or would place the personal safety of the person or of members of the person's family
n	at risk, the Chief Executive Officer must
e	ensure that the address of the person is not
m	entered on any voters' roll.
ia
rl	(4) The Chief Executive Officer must notify the
a	person in writing of a decision to grant or
P	refuse a request made by a person under sub- section (1).".
d
n	98. Section 11 substituted
a

For section 11 of the City of Melbourne Act

n	2001 substitute—
o
ti	"11. Victorian Electoral Commission to
la	prepare list
is	(1) The Victorian Electoral Commission must
g	within 7 days of the exhibition roll date for a
e	general election supply to the Registrar a
L	voters' list of the persons who appear to the
n	Victorian Electoral Commission to be
a
ri	entitled to be enrolled as at the exhibition
roll date under sections 9A(1) and 9A(2),
to	identifying those persons whose request that
ic	their principal place of residence not be
V	shown has been accepted.

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(2) The Victorian Electoral Commission must

within 7 days of the exhibition roll date for a general election supply to the Registrar a list

ts	of the names of persons—
n
e	(a) who are no longer entitled to be
m	enrolled as an elector for the Council or
u	Assembly by virtue of section 48(2)(d)
c	of the Constitution Act 1975 since the
o	Victorian Electoral Commission last
D	supplied such a list; and

ry	(b)	whose last recorded address was in the
ta	municipal district.

n	(3) The Chief Executive Officer must supply to
e	the Victorian Electoral Commission within
m	the period specified by the Victorian
ia	Electoral Commission any information
rl	required by the Victorian Electoral
a	Commission to prepare the voters' list.
P	11A. Chief Executive Officer to prepare voters'
d	list
n
a	(1) The Chief Executive Officer is responsible for the preparation of the voters' list prepared
n
o	under this section and the maintenance of
ti	any records which may be required to
la	facilitate the preparation of an accurate and
is	complete voters' list.
g	(2) The Chief Executive Officer must within
e	7 days of the exhibition roll date for a
L	general election supply to the Registrar a
n	voters' list for each ward of the persons who
a	appear to the Chief Executive Officer to be
ri	entitled to be enrolled as at the exhibition
to	roll date under section 9A(3), 9A(5), 9B(1)
ic	and 9C(1) identifying those persons whose request that their address not be shown has
V	been accepted.

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11B. Registrar to prepare exhibition roll

(1) The Registrar must from the voters' lists

ts	received under sections 11 and 11A compile
n	the exhibition roll for a general election. (2) The registrar must remove from the voters'
e
m	list received under section 11A—
u
c	(a) any person who appears on the voters'
o	list supplied under section 11(1); and (b) any person who appears on the list
D
ry	supplied under section 11(2).
ta	(3) An exhibition roll may be prepared for each
n	of, or combining, the voters' lists.
e	11C. Public notification and exhibition
m
ia	(1) In the case of a general election, the Chief
rl	Executive Officer must on or before the
a	exhibition roll date give a letter to—

P	(a)	each person whose name appeared on
d	the last voters' roll by application under
n	section 9B—

a	(i) specifying that the enrolment of
n	the person ceases to have effect on
o
ti	the day before the entitlement
la	date; and
is	(ii) advising that if still entitled, a new
g	application must be made under
e	section 9B; and (iii) enclosing the relevant application
L
n	form under section 9B;
a

ri	(b)	each corporation, joint owner or joint
to	occupier entitled to appoint a
representative under section 9C—
ic
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(i)  specifying the names of the existing representatives under

ts	section 9C; and
n	(ii) advising of the right to revoke the
e	appointments or to make new
m	appointments for the purposes of
u	section 9C; and (iii) advising of the obligation of the
c
o	Council under section 9D; and
D

(iv) enclosing the relevant application

ry	form under section 9C.
ta	(2) Without limiting sub-section (1), the Chief
n	Executive Officer must on or before the first
e	exhibition roll date after the commencement
m	of section 98 of the Local Government Act
ia	(Democratic Reform) Act 2003 give a letter
rl	to each person enrolled under section 12 of
a	the Local Government Act 1989 as in force
P	and applied to the City of Melbourne before
d	that commencement specifying the relevant
n	entitlements and requirements for enrolment
a	after that commencement.
n	(3) In the case of a by-election or a poll of
o
ti	voters, the exhibition roll to be used for the
la	purposes of this section and section 11D is
is	the voters' roll prepared for the last election. (4) The Registrar must at least 10 days before
g
e	the entitlement date publish a public notice
L	stating—
n	(a) the entitlement date;
a
ri	(b) when and where the exhibition roll is
to	available for inspection by members of
ic	the public;
V	(c) that a person has a right of objection under this section;

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(d) when the voters' roll will close;

(e) who can apply to enrol;

ts

(f) how they can apply to enrol.

(5) The Registrar must ensure that the exhibition
roll is available for inspection by members of

n

e

m

u

the public for the period—

c

(a) beginning at least 5 working days

o

before the entitlement date; and

D

(b) ending at 4 p.m. on the entitlement

ry	date.
ta	(6) A person may within the period specified in
n	sub-section (5) object in writing to the
e	Registrar on the ground that the exhibition
m	roll contains—
ia

rl	(a)	an omission, error, misnomer or
a	inaccurate description of any person,
P	place or thing; or

d	(b) the name of a person who has died; or
n	(c) the name of a person who is no longer
a	entitled to be enrolled as an elector for
n	the Council or Assembly by virtue of
o
ti	section 48(2)(d) of the Constitution
la	Act 1975.
is	(7) The Registrar must as soon as practicable
g	after receiving an objection which relates to
e	the voters' list prepared under section 11
L	forward the objection to the Victorian
n	Electoral Commission.
a
ri	11D. Preparation of voters' rolls
to	(1) The close of the roll is 4 p.m. on the

entitlement date.

ic
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(2) The Registrar must compile a voters' roll

containing the prescribed particulars of
persons entitled to be enrolled as at the close

ts	of the roll from—
n
e	(a) the exhibition roll; and
m	(b) objections received under section
u	11C(6); and
c
o	(c) information received under sub-
D	sections (3) and (4).
ry	(3) The Victorian Electoral Commission must
ta	provide to the Registrar not later than 5 days
after the entitlement date sufficient records
n	in a form specified by the Registrar so as to
e	enable the exhibition roll to be updated in
m	respect of persons entitled to be enrolled
ia	under sections 9A(1) and 9A(2) as at the
rl	close of the roll.
a
P	(4) The Chief Executive Officer must provide to the Registrar sufficient information in a form
d
n	and at the times specified by the Registrar so
a	as to enable the exhibition roll to be updated in respect of persons whose entitlement
n
o	arises under section 9A(3), 9A(5), 9B, 9C or
ti	9D during the period from the exhibition roll
la	date until the close of the roll.
is	(5) The Chief Executive Officer must— (a) in the case of a general election or a
g
e	by-election, not later than 3 days before
L	nomination day; or
n
a	(b) in the case of a poll of voters, not later
ri	than 14 days after the entitlement
to	date—
ic	certify in writing that the voters' roll has
V	been prepared in accordance with this Act.

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(6) The voters' roll signed and certified by the Chief Executive Officer—

ts	(a)	continues in force until the next voters'
n	roll is prepared; and

e	(b) must not be amended except in
m	accordance with section 11E.
u
c	11E. Amendment of voters' roll
o	(1) A voters' roll may be amended by the Chief
D	Executive Officer if—
ry	(a) there is any error in the preparation,
ta	printing or copying of the voters' roll;
n	or
e	(b) there is any misnomer or any inaccurate
m	description of any person, place or
ia	thing on the voters' roll; or
rl	(c) the Chief Executive Officer is advised
a
P	in writing by the Victorian Electoral Commission that an objection under
d	section 11C(6) relating to a person
n
a	enrolled under section 9A(1) or 9A(2) has been determined by the Victorian
n	Electoral Commission to be valid.
o
ti	(2) If an amendment under sub-section (1)(a) or
la	(1)(b) relates to a person enrolled under
is	section 9A(1) or 9A(2), the Chief Executive
g	Officer must obtain the approval of the
e	Victorian Electoral Commission.
L	(3) The amendment of the voters' roll under sub-
n	section (1) must be—
a

ri	(a)	certified by the Chief Executive Officer
to	and the Returning Officer for the
ic	election; or
V

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(b) if a member of Council staff is the Returning Officer for the election, certified by the Chief Executive Officer

ts	and the Victorian Electoral
n	Commission.
e

(4) The certification under sub-section (3)

m

u	must—
c	(a) be in writing;
o
D	(b) detail the amendments made;
ry	(c) specify the reasons why the
ta	amendments were made.
n	11F. Inspection of voters' roll
e	The Chief Executive Officer must ensure
m	that the voters' roll certified under section
ia	11D is available for inspection by members
rl	of the public for the period—
a	(a) beginning on the day that the voters' roll is certified; and
P
d
n	(b) ending 30 days after election day.
a	11G. Provision of voters' rolls
n
o	(1) The Chief Executive Officer must only
ti	provide a copy of a voters' roll to a person in
la	accordance with this section.
is	(2) On the request of any candidate for an
g	election, the Chief Executive Officer must
e	provide to the candidate, free of charge, a
L	copy of the voters' roll for the ward or
n	municipal district for which the candidate
a
ri	has nominated in a form determined by the
Chief Executive Officer.
to
ic
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(3) A candidate must—

(a) only use a copy of a voters' roll

ts	provided under sub-section (2) for the
n	purpose of conducting the election
e	campaign; and
m	(b) within the period of 30 days after the
u	day of the election, either destroy the
c	copy of the voters' roll and any copies
o	made from it or return the copy of the
D	voters' roll and any copies made from it
ry	to the Chief Executive Officer.
ta	Penalty: 20 penalty units.
n	(4) On the request of any person or organisation,
e	the Chief Executive Officer may only
m	provide a copy of the voters' roll to the
ia	person or organisation for a permitted
rl	purpose—
a
P	(a) in a form determined by the Chief Executive Officer; and
d
n	(b) subject to any conditions determined by
a	the Chief Executive Officer; and
n	(c) upon payment of the fee determined by
o
ti	the Chief Executive Officer.
la	(5) A permitted purpose for the purposes of sub-
is	section (4) is—
g	(a) any purpose connected with an
e	election;
L

(b) any purpose connected with

n

a	communicating with or surveying
ri	constituents in relation to council
to	functions;
ic	(c) the conduct of a poll of voters;
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(d) subject to the approval of the Privacy Commissioner, any other public interest

ts	purpose.
n	(6) A permitted purpose under paragraph (a), (b)
e	or (c) of sub-section (5) is restricted to use
m	by the Council or on behalf of the Council or
u	on behalf of a candidate.
c	(7) If a request is for a permitted purpose to
o	which sub-section (5)(d) applies, the Chief
D	Executive Officer must forward the request
ry	to the Privacy Commissioner.
ta	(8) The Privacy Commissioner may approve a
n	proposed use as a public interest purpose if
e	the Privacy Commissioner is satisfied that
m	the public interest involved in the proposed
ia	use outweighs the public interest in
rl	protecting the privacy of personal
a	information in the particular circumstances. (9) In considering the request, the Privacy
P
d	Commissioner may have regard to—
n
a	(a) the public interest involved in the proposed use of the voters' roll; and
n
o	(b) the public interest in protecting the
ti	privacy of personal information; and
la	(c) any alternative sources of information
is	that would be available.
g
e	(10) If the Privacy Commissioner does not
L	approve a proposed use as a public interest
n	purpose, the Chief Executive Officer must
a	reject the request for a copy of the voters'
ri	roll to be used for that purpose.
to
ic
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(11) A person or organisation that is provided

with a copy of the voters' roll under sub-

ts	section (4) must—
n	(a) only use the copy of the voters' roll for
e	the permitted purpose for which the
m	voters' roll was provided; and (b) within the period specified in the
u
c	conditions subject to which the voters'
o	roll was provided, either destroy the
D	copy of the voters' roll and any copies
ry	made from it or return the copy of the
ta	voters' roll and any copies made from it
to the Chief Executive Officer.
n
e	Penalty: 20 penalty units.
m	(12) The Chief Executive Officer must not
ia	provide particulars of any person whose
rl	request that their address not be shown has
a	been accepted.".
P

99. Consequential amendment—general elections

d

n	For sections 12 and 13 of the City of Melbourne
a	Act 2001 substitute—
n	"12. General election
o
ti	The Council must hold general elections in
la	accordance with Division 4 of Part 3 of the
is	Local Government Act 1989.".
g	100. New section 14A inserted
e
L	After section 14 of the City of Melbourne Act
n	2001 insert—
a
ri	'14A. Qualification to be a Councillor
to	(1) Section 28 of the Local Government Act

1989 applies as if for sub-sections (1), (1A)

ic	and (1B) there were substituted—
V

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"(1) A person is qualified to be a candidate
for the office of Councillor if he or she

has an entitlement referred to in section

ts	9 of the City of Melbourne Act 2001.
n
e	(1A) A person is qualified to become and
m	continue to be a Councillor at a
u	particular time if, were that particular
c	time the entitlement date and a voters'
o	roll prepared, sub-section (1) would
D	apply to that person.
ry	(1B) Despite sub-section (1), a person who is
ta	qualified to be, and is, a Councillor,
immediately before the commencement
n
e	of section 100 of the Local Government (Democratic Reform)
m
ia	Act 2003 does not cease to be qualified
rl	to continue in office for the duration of his or her current term of office only
a	because of the amendment made to the
P	City of Melbourne Act 2001 by
d	section 100 of the Local Government
n	(Democratic Reform) Act 2003.".
a

(2) Clause 6 of Schedule 2 of the Local

n

o	Government Act 1989 applies as if for sub-
ti	clause (3A) there were substituted—
la	"(3A) The returning officer must reject a nomination
is	from a person who is not enrolled on the voters' roll for the election unless the nomination is
g	accompanied by a statutory declaration stating
e	that the person is entitled to be enrolled being
L	an entitlement other than under section 9A(1)
n	or 9A(2).".'.
a
ri	101. Amendment to section 19(5)
to	In section 19(5) of the City of Melbourne Act 2001, for "section 10(5)" substitute
ic	"section 9D(6)".
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102. Amendment to section 24(1)

In section 24(1) of the City of Melbourne Act

ts	2001, for "90th day" substitute "100th day".
n	103. New section 25A
e

After section 25 of the City of Melbourne Act

m

u	2001 insert—
c	"25A. Delegation to Lord Mayor
o
D	The Council may by instrument of delegation delegate to the Lord Mayor a
ry	power, duty or function of the Council
ta	specified in the instrument relating to—
n	(a) the appointment of Councillors to chair
e	committees;
m
ia	(b) the appointment of Councillors to
rl	represent the Council on external
a	organisations, committees and working
P	parties;
d	(c) travelling arrangements relating to
n	Councillors;
a	(d) expenses incurred by Councillors in the
n	course of their duties.".
o
ti	104. Statute law revision
la	In the City of Melbourne Act 2001—
is	(a) in section 18(5) after "37A" insert "of the
g
e	Local Government Act 1989";
L	(b) section 30 is repealed;
n	(c) in clauses 11 and 12 of Schedule 1, for
a
ri	"clause 15(1)(a)" (wherever occurring)
to	substitute "clause 15(a)".
ic	═══════════════
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Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 15 October 2003
e
Legislative Council: 6 November 2003
m
u	The long title for the Bill for this Act was "to amend the Local
c	Government Act 1989, the City of Melbourne Act 2001 and the
o	Docklands Act 1991 and for other purposes."
D
ry
ta
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V