Local Government (Elections) (Amendment) Regulations 1999 (Vic)

No judgment structure available for this case.

Local Government (Elections) (Amendment)

Regulations 1999

S.R. No. 2/1999

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1

1. Objectives 1
2. Authorising provision 2

PART 2—GENERAL AMENDMENTS 3

3. Silent voters 3
Division 5A—Silent Voters 3

17A. Address of silent voters to be kept secure 3

4. Polling booths 3
5. Scrutineers 3
6. Identification of voters 5
7. Spoilt ballot-papers 5
8. Revocation of certain provisions 5
9. Disadvantaged voters 5
10. Certain changes to the form of candidates' personal statements 6
11. Declaration envelopes 6
12. Removal of requirement that ballot papers be endorsed by the
returning officer 7
13. Removal of requirement for declaration envelopes to be arranged
in numerical order 7
14. Addition to list of sufficient excuses for not voting 7

PART 3—AMENDMENTS RELATING TO FORMS 8

15. Substitution of regulations 6 and 7 8

6. Applications and requests for enrolment 8
7. Notice relating to company appointments 11

16. Amendment of regulation 10(1) 12
17. Substitution of regulations 11, 12, 13 and 14 13

11. Scrutineers 14
12. Declaration by returning officer, authorised person or
interpreter 15

i

Regulation Page
13. Declaration form for an unenrolled voter at an election

by attendance voting 16
14. Declaration form for unidentified voter at an election by

attendance voting 17

18. Substitution of regulation 15 18

15. Form of ballot paper 18
19. Replacements of prescribed forms with prescribed details in

regulations 28, 43, 45 and 49 19
20.

Substitution of regulation 63 23

63. Application for registration 23
21.

Substitution of regulation 93 24

93. Application for an inquiry into an election 24
22.

Revocation of prescribed forms 25

═══════════════

NOTES 26

ii

STATUTORY RULES 1999

S.R. No. 2/1999

Local Government Act 1989

Local Government (Elections) (Amendment)

Regulations 1999

The Governor in Council makes the following Regulations:
Dated: 19 January 1999
Responsible Minister:
ROBERT MACLELLAN
Minister for Planning and Local Government
STACEY ROBERTSON
Acting Clerk of the Executive Council

PART 1—PRELIMINARY

1. Objectives
The objectives of these Regulations are to amend
the Local Government (Elections) Regulations
19951—

(a) to ensure the security of silent voters during the electoral process;
(b)
to remove the requirement for at least during the pre-poll voting period;

(c)

to make certain changes to the number of scrutineers a candidate may appoint in certain circumstances;

(d)

to make certain changes to the form of candidates' personal statements;

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(e) to clarify the requirements with respect to the issue of electoral materials in certain circumstances;
(f) to remove the requirement for declaration envelopes to be arranged in numerical order on receipt;
(g) to remove the requirement for the returning officer to endorse ballot-papers;
(h) to add religious reasons to the list of sufficient excuses for not voting at a local government election;
(i) to revoke the prescribed forms in the Schedule to the Regulations and to replace them with details of particulars which must be included in certain electoral documents; and

(j)

to make a number of minor or technical amendments.

2. Authorising provision
These Regulations are made under section 243 of the Local Government Act 1989.

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S.R. No. 2/1999 r. 3

PART 2—GENERAL AMENDMENTS

3. Silent voters
In Part 2 of the Local Government (Elections)
Regulations 1995, after Division 5 insert—
"Division 5A—Silent Voters

17A. Address of silent voters to be kept secure
The returning officer must ensure that only people authorised by him or her have access to the address of a silent voter.".

4. Polling booths
(1) In regulation 20(4) of the Local Government
(Elections) Regulations 1995, for "Chief Electoral
Officer" substitute "Electoral Commissioner".
(2) In regulation 20(7) of the Local Government (Elections) Regulations 1995, after "Council" insert "or where pre-poll voting at a polling place
is provided".

5. Scrutineers
(1) In the Local Government (Elections) Regulations

1995, for regulation 21(d) substitute—
"(d) scrutineers appointed in accordance with

regulation 23(1) or 23(1A);".
(2) In the Local Government (Elections) Regulations

1995, for regulation 23(1) substitute—
"(1) Only 1 scrutineer for a candidate can be

present in a polling booth at any one time to
observe the issuing of ballot-papers by a
particular authorised person.
(1A) If a computerised system of counting or
recounting ballot-papers is used, in respect

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of each candidate, only 1 scrutineer for each
data entry person involved in the count or
recount can be present at any one time.".
(3) In the Local Government (Elections) Regulations

1995, for regulation 23(2) substitute—
"(2) The authorised officer in charge of a polling

booth may remove from the polling booth any scrutineer who is in the polling booth contrary to either sub-regulation (1) or
(1A).".
(4) In the Local Government (Elections) Regulations

1995, for regulation 35(2) substitute—
"(2) Only 1 scrutineer for a candidate can be

present at a central counting place at any one time to observe the counting or recounting of ballot-papers by a particular authorised
person.
(2A) If a computerised system of counting or
recounting ballot-papers is used at a central counting place, in respect of each candidate, only 1 scrutineer for each data entry person involved in the count or recount can be
present at any one time.".

(5) In the Local Government (Elections) Regulations

1995, for regulation 83(2) substitute—
"(2) In respect of each candidate, only one

scrutineer for each authorised person
involved in any of the electoral activities
outlined in sub-regulations (1)(a) to (d) can
be present at each electoral activity at any
one time.".
(6) In the Local Government (Elections) Regulations

1995, for regulation 83(3) substitute—
"(3) For the purposes of sub-regulation (1)(e), in

respect of each candidate only one

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scrutineer, for each authorised person
involved in the counting or recounting of
ballot-papers, or if a computerised system of
counting or recounting ballot-papers is used,
for each data entry person involved in the
counting and recounting of ballot-papers, can
be present at any one time.".
(7) In regulation 83 of the Local Government
(Elections) Regulations 1995, sub-regulations (4)
and (6) are revoked.
(8) In the Local Government (Elections) Regulations

1995, for regulation 83(5)(a) substitute—
"(a) the scrutineer's presence is contrary to sub-

regulation (2) or (3); or".

6. Identification of voters
In the Local Government (Elections) Regulations
1995—

(a)

in regulations 27(1)(b) and (5), omit "before";
(b) in regulation 28(1)(b) omit "already".

7. Spoilt ballot-papers
In regulations 31(2)(a) and (3)(a) of the Local Government (Elections) Regulations 1995, for "face" substitute "back".

8. Revocation of certain provisions
In regulation 44 of the Local Government
(Elections) Regulations 1995, sub-regulations (3)
and (5) are revoked.

9. Disadvantaged voters

Local Government (Elections) (Amendment) Regulations 1999

S.R. No. 2/1999

In the Local Government (Elections) Regulations
1995—

(a) in regulation 47(1)(b), before "sign" insert "subject to clause 2(2A) of Schedule 3 of the Act,";
(b) in regulation 52(1), for "At" substitute "Subject to clause 2(2A) of Schedule 3 of the Act, at";
(c) in regulation 79, for "The" substitute "Subject to clause 2(2A) of Schedule 3 of the Act, the".

10. Certain changes to the form of candidates' personal statements
For regulation 73(1)(c) of the Local Government
(Elections) Regulations 1995 substitute—
"(c) it is printed in the type, in the form and with
the spacing which the returning officer
considers appropriate in the circumstances.".

11. Declaration envelopes
(1) In the Local Government (Elections) Regulations

1995, for regulation 74(2) substitute—
"(2) Each replacement declaration envelope

issued under regulation 78(1) must be identified as a replacement declaration envelope.".
(2) In regulation 78(1) of the Local Government (Elections) Regulations 1995, for "a second declaration envelope or ballot-paper or postal
ballot envelope, as the case may be" substitute
"whichever of the following is appropriate: a
declaration envelope, a ballot-paper, a postal
ballot envelope, a replacement declaration
envelope, a replacement ballot-paper or a
replacement postal ballot envelope".

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S.R. No. 2/1999 r. 12
(3) In regulations 80(2)(b)(iii) and 89(2)(g)(iii) of the Local Government (Elections) Regulations 1995, for "second" (wherever occurring) substitute
"replacement".
12. Removal of requirement that ballot papers be endorsed by the returning officer
In regulation 75 of the Local Government
(Elections) Regulations 1995, sub-regulation (6) is
revoked.
13. Removal of requirement for declaration envelopes to be arranged in numerical order
In regulation 80(1)(d) of the Local Government
(Elections) Regulations 1995, omit "in numerical
order".

14. Addition to list of sufficient excuses for not voting

After regulation 89(2)(g) of the Local
Government (Elections) Regulations 1995
insert—
"(h) the voter did not vote at the election for

religious reasons.".

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PART 3—AMENDMENTS RELATING TO FORMS

15. Substitution of regulations 6 and 7
For regulations 6 and 7 of the Local Government
(Elections) Regulations 1995 substitute—
"6. Applications and requests for enrolment
(1) An application for enrolment under section
12 of the Act by an owner or occupier (not
otherwise eligible to be enrolled under
section 11 of the Act) must be in writing and
must include the following details—

(a) the name of the Council (and the Ward, if the municipal district is subdivided);
(b) the full name, residential address, home and business telephone numbers and date of birth of the person whose enrolment is sought;
(c) the address of the rateable land in respect of which the application to be enrolled is made;
(d) a declaration signed and dated by the person making the application that—
(i) he or she is not enrolled on the voters' roll under section 11 of the Act; and
(ii) is the owner or occupier of the rateable land described in the application.

(2) A notice of appointment on behalf of a
corporation or person and corporation in the City of Melbourne under section 13A(2)(a) and 13A(2)(aa) of the Act must be in writing
and must include the following details—

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S.R. No. 2/1999 r. 15

(a) the name of the Council (and the Ward if the municipal district is subdivided);
(b) the full names and dates of birth of the 2 appointees to be enrolled on the voters' roll on behalf of the corporation(s);
(c) the address of the rateable land in respect of which the appointments are being made;
(d)
person or persons authorised by the
corporation(s) to make the
a declaration signed and dated by the includes—

(i)
person and the position held by
the name of each authorised corporation;

(ii)
the name and address of each appointments;

(iii)
whether the corporation(s) is/are owner or joint occupier of the rateable land;
(iv) a statement that the persons are authorised by the corporation(s) which is/are the owner, occupier,

joint owner or joint occupier of
the land described in the
application to represent the
corporation(s) on the voters' roll
of the City of Melbourne;

(e)

a declaration signed and dated by each appointee that—

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R. No. 2/1999

(i)	he or she consents to the appointment;
(ii)	he or she is not for any reason already enrolled on the voters' roll or entitled to be enrolled on the voters' roll in respect of any ward of the City of Melbourne;

(iii)

home and business telephone

includes the residential address, appointee.
(3) A notice of appointment on behalf of a
person and a corporation under section 13(1)
or 13(3) of the Act must be in writing and
must include the following details—

(a) the name of the Council (and the Ward if the municipal district is subdivided);
(b) the full name and date of birth of the appointee whose enrolment on the voters' roll on behalf of the corporation is sought;
(c) the address of the rateable land in respect of which the appointment is being made;
(d)
person(s) authorised to make the
a declaration signed and dated by the corporation(s)/person(s) including—

(i)
authorised and the position held
the name of each person so corporation;

(ii)
the name and address of each appointment;

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S.R. No. 2/1999 r. 15

(iii)
whether the corporation/person is owner or joint occupier of the rateable land;

(iv)
authorised by the corporation(s)/
person(s) which is/are the owner,
occupier, joint owner or joint
occupier of the land described in
the application to represent the
a statement that the persons are voters' roll of the Council;

(e) a declaration signed and dated by the appointee that—
(i) he or she consents to the appointment;
(ii) he or she is not for any other reason already enrolled or entitled to be enrolled on the voters' roll in respect of the ward/municipal district for which the appointment is made;

(iii)
home and business telephone
includes the residential address, appointee.

7. Notice relating to company appointments
(1) A notice of resignation under section
17(2)(a)(ii) of the Act must be in writing and
must include the following details—

(a)

the name of the Council (and the Ward if the municipal district is subdivided);

(b)

the full name, residential address and home and business telephone numbers

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r. 16	S.R. No. 2/1999
of the person resigning from the appointment;

(c) the name of the corporation(s)/ person(s) who appointed the appointee;
(d) a declaration signed and dated by the appointee that he or she is resigning from the appointment.
(2) A notice of revocation under section 17(2)(b)

of the Act must be in writing and must
include the following details—

(a)

the name of the Council (and the Ward if the municipal district is subdivided);

(b)

the full name of the person whose appointment is being revoked;

(c)

the address of the rateable land in respect of which the appointment was made;

(d)

the date on which the appointment of the person was revoked;

(e)

a request that the Council remove the name of that person from the voters' roll;

(f)

the name and address of the corporation(s) making the revocation;

(g)

the name and signature of each person authorised to revoke the appointment on behalf of the corporation(s) and the position that person holds in the corporation.".

16. Amendment of regulation 10(1)
For regulation 10(1) of the Local Government
(Elections) Regulations 1995 substitute—

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S.R. No. 2/1999 r. 17
"(1) A notice of candidature under clause 5(1)(a)

of Schedule 2 of the Act must be in writing
and must include the following details—

(a) the name of the Council (and the Ward if the municipal district is subdivided);
(b) the full name of the candidate, the address in respect of which he or she is enrolled on the voters' roll or if a candidate has a different postal address, that postal address and his or her home and business telephone numbers, including a fax number, if any;
(c) the form in which the candidate's name is to appear on the ballot-paper;
(d)
the name and home and business campaign manager, if any;

(e) a declaration signed and dated by the candidate that—
(i)  he or she is applying to be a candidate for the office of Councillor for [the --- Ward of] the ---Council at the election/by- election and the year of the election/by-election;
(ii)  he or she is qualified to be a candidate under the provisions of the Act;
(iii)  he or she is aware that it is an offence under the Act for a person who is not qualified to be a candidate and is not capable of being a Councillor to submit a notice of candidature.".

17. Substitution of regulations 11, 12, 13 and 14
Local Government (Elections) (Amendment) Regulations 1999

S.R. No. 2/1999

For regulations 11, 12, 13 and 14 of the Local
Government (Elections) Regulations 1995
substitute—
"11. Scrutineers
(1) A notice of appointment of scrutineers under clause 15(2A) of Schedule 2 of the Act must be in writing and must include the following details—

(a) the name of the Council (and the Ward if the municipal district is subdivided);
(b) the full name and address of the candidate who is appointing the scrutineer;
(c) the full name and address of the person being appointed as the scrutineer;
(d) a declaration signed and dated by the candidate which includes—
(i)  a statement that he or she is a candidate for the office of Councillor;
(ii)  the name of the Council and Ward (if applicable), the date of the election or by-election for which he or she is a candidate;
(iii)  a statement that he or she is appointing the person referred to in paragraph (b) as a scrutineer.

(2) A declaration by a scrutineer under clause 15(4) of Schedule 2 of the Act must be in writing and must include the following
details—

(a)

the name of the Council (and the Ward if the municipal district is subdivided);

Local Government (Elections) (Amendment) Regulations 1999

S.R. No. 2/1999 r. 17

(b)

the full name and address of the candidate who is appointing the scrutineer;

(c)

the full name and address of the person being appointed as the scrutineer.
(3) The declaration under sub-regulation (2)
must be signed and dated by the scrutineer in
the presence of the returning officer or
deputy returning officer or authorised person
in charge of the polling place and state
that—

(a) he or she undertakes to be a scrutineer for the candidate;
(b) he or she will not disclose any fact coming to his or her knowledge which he or she is required not to disclose under the Act and the regulations made under the Act;
(c) he or she is not a person who cannot be appointed as a scrutineer under the Act and the Regulations.
12. Declaration by returning officer, authorised person or interpreter
(1) A declaration by a returning officer, an
authorised officer or an interpreter under

clause 2 of Schedule 2 of the Act must be in
writing and must include the following
details—

(a)

the name of the Council (and the Ward if the municipal district is subdivided);

(b)

the full name and residential address of the returning officer or authorised person or interpreter, as the case may be.

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(2) A declaration made under sub-regulation (1)

must be signed and dated by the person
making the declaration in the presence of a
witness and state that—

(a) he or she undertakes to be a returning officer for the first time, or an authorised person or an interpreter at the election/by-election to be held on ...........................;
(b) he or she will properly perform the duties and functions of a returning officer or an authorised person or an
interpreter and is aware of the offences
under the Act which relate to these
persons;
(c) he or she will not disclose any fact coming into his or her knowledge at the election/by-election which must not be disclosed by virtue of provisions of the Act or regulations made under the Act.
13. Declaration form for an unenrolled voter at an election by attendance voting
(1) A person who claims to be entitled to vote but is not enrolled on the voters' roll under regulation 26(3) must make a declaration in
writing which must include the following
details—

(a)

the name of the Council (and the Ward if the municipal district is subdivided);

(b)

the applicant's full name, residential address and date of birth;

(c)

the address in respect of which the applicant claims to be entitled to be enrolled on the voters' roll;

Local Government (Elections) (Amendment) Regulations 1999

S.R. No. 2/1999 r. 17

(d) the basis of the claim to be entitled to be enrolled on the voters' roll;
(e) the date from which the applicant claims to be entitled to be enrolled on the voters' roll;
(f) details of any change of name if the applicant was previously enrolled on the voters' roll in a different name;
(g) a statement signed by the applicant that—
(i) the applicant is entitled to vote and has not voted at the election or by-election;
(ii) the information provided in the declaration is true and correct.

(2) The statement made under sub-regulation (1)

must be signed and dated in the presence of
an authorised person.

14. Declaration form for unidentified voter at an election by attendance voting
(1) A person who does not provide proof of
identity under regulation 27(3) must make a
declaration in writing which must include the
following details—

(a)

the name of the Council (and the Ward if the municipal district is subdivided);

(b)

the full name, date of birth and residential address of the person;

(c)

the address in respect of which the person is enrolled on the voters' roll;

(d)

details of any change of name if the person was previously enrolled on the voters' roll in a different name;

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(e) a statement signed by him or her that he or she—
(i) is the same person as the person who appears on the voters' roll for [the ---------Ward of] the ----------- ------Council; and
(ii) has not voted at the election or by-election;

(f)

in the case of a person who is entitled to vote personally, a statement signed by him or her that he or she—
(i) did not receive a ballot-paper; and
(ii) has not voted at the election or by-election.

(2) The declaration made under sub-regulation

(1) must be signed and dated in the presence
of an authorised person.

(3) If the person making a declaration under
sub-regulation (1) is a disadvantaged voter
within the meaning of the Act, the
declaration must also include the signature of
the person authorised by the disadvantaged
voter, witnessed by an authorised person,
and the date.".

18. Substitution of regulation 15
For regulation 15 of the Local Government (Elections) Regulations 1995 substitute—
"15. Form of ballot paper
A ballot-paper under clause 14(1) of following details—

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S.R. No. 2/1999 r. 19

(a) the name of the Council (and the Ward if the municipal district is subdivided);
(b) the name of all the candidates and a box opposite the name of each candidate;
(c) instructions to number all the boxes in order of choice, to number every box and not to use any number more than once.".

19. Replacements of prescribed forms with prescribed details in regulations 28, 43, 45 and 49
(1) In regulation 28(1)(b) of the Local Government
(Elections) Regulations 1995, for "declares in
accordance with Form 11" substitute "makes a
declaration in writing".
(2) After regulation 28(1) of the Local Government
(Elections) Regulations 1995, insert—
"(1A) A declaration made under sub-regulation
(1)(b) must include the following details—

(a) the name of the Council (and the Ward if the municipal district is subdivided);
(b) the full name, date of birth and residential address of the person;
(c) the address in respect of which the person is enrolled on the voters' roll;
(d) details of any change of name if the person was previously enrolled on the voters' roll in a different name;
(e) a statement signed by the person that he or she has not voted at the election or by-election.

(1B) The declaration made under sub-regulation

(1)(b) must be signed and dated in the
presence of an authorised person.

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(1C) If the person making a declaration under sub-regulation (1)(b) is a disadvantaged voter within the meaning of the Act, the declaration must also include the signature of
the person authorised by the disadvantaged
voter, witnessed by an authorised person,
and the date.".

(3) In regulation 43(1) of the Local Government
(Elections) Regulations 1995, omit "in
accordance with Form 13".
(4) After regulation 43(1) of the Local Government
(Elections) Regulations 1995, insert—
"(1A) An application must contain the following
details—

(a)

the name of the Council (and the Ward if the municipal district is subdivided);

(b)

the full name and residential address of the applicant;

(c)

the address in respect of which the applicant is enrolled on the voters' roll;

(d)

a declaration signed and dated by the applicant, or if the person is a disadvantaged voter within the meaning of the Act, the signature of the person authorised by the disadvantaged voter, that the applicant—

(i)
enrolled on the voters' roll for the
is enrolled or entitled to be by-election; and
(ii) is qualified to vote at the election or by-election; and
(iii) has not voted at the election or by-election.".

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S.R. No. 2/1999 r. 19
(5) In regulation 45(1) of the Local Government
(Elections) Regulations 1995, for paragraphs (b)
and (c) substitute—
'(b) a declaration envelope which includes the

following details—

(i) the name of the Council (and the Ward if the municipal district is subdivided);
(ii) the full name, date of birth, roll number and application number of the voter;

(iii)
voter, or if the voter is a disadvantaged
voter within the meaning of the Act, the
signature of the person authorised by
the disadvantaged voter that the
a declaration signed and dated by the (A) is enrolled or entitled to be
enrolled on the voters' roll for the
election or by election; and

(B) has not voted at the election or
by-election;

(c) a copy of the instructions to a voter which includes the following details—
(i)  instructions to number all the boxes in order of choice, to number every box and not to use any number more than once;
(ii)  advice that a voter is not required to vote or sign a declaration envelope in the presence of a witness and advice that a physically incapacitated voter is not required to sign the declaration envelope;
(iii)  details of the assistance in marking a ballot-paper which can be provided to

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r. 19	S.R. No. 2/1999
disadvantaged voters including an explanation of the term "disadvantaged voter";

(iv)
after the voter has marked the ballot-
paper including such matters as the
sealing and signing of declaration
envelopes containing ballot-papers and
details of the procedures to be followed envelopes must be returned.'.

(6) In regulation 49(3) of the Local Government
(Elections) Regulations 1995, omit "in
accordance with Form 11".
(7) After regulation 49(3) of the Local Government
(Elections) Regulations 1995, insert—
"(3A) A declaration under sub-regulation (3) must be in writing and must include the following details—

(a) the name of the Council (and the Ward if the municipal district is subdivided);
(b) the full name, date of birth and residential address of the person;
(c) the address in respect of which the person is enrolled on the voters' roll;
(d) details of any change of name if the person was previously enrolled on the voters' roll in a different name;
(e) a statement signed by him or her that he or she—
(i) is the same person as the person who appears on the voters' roll for [the ---------Ward of] the ----------- ------Council; and

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(ii)

has not voted at the election or by-election;

(f)

in the case of a person who is entitled to vote personally, a statement that signed by him or her that he or she—
(i) did not receive a ballot-paper; and
(ii) has not voted at the election or by-election.

(3B) If the person making a declaration under
sub-regulation (3) is a disadvantaged voter
within the meaning of the Act, the
declaration must include the signature of the
person authorised by the disadvantaged
voter, witnessed by an authorised person,
and the date.".

20. Substitution of regulation 63
For regulation 63 of the Local Government (Elections) Regulations 1995 substitute— "63. Application for registration
(1) A person applying to the returning officer for registration of a form or sample how-to-vote card must lodge an application which
includes the following details together with a
form or sample of the how-to-vote card—

(a)

the name of the Council (and the Ward if the municipal district is subdivided);

(b)

the full name and address of the applicant and the full name of the candidate on whose behalf the how-to- vote card is to be registered;

(c)

the signature of the candidate and the date on which he or she signed the application;

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(d)
section in a language other than
English, a translation of the non-
English section together with a signed
if the how-to-vote card contains a translation is a fair translation;

(e)
a declaration by the applicant, that he person to knowingly make a false statement in relation to the application and that the maximum penalty for this offence is $100.

(2) A declaration referred to in sub-regulation

(1) must be witnessed by a returning
officer.".

21. Substitution of regulation 93
For regulation 93 of the Local Government (Elections) Regulations 1995 substitute— "93. Application for an inquiry into an election
An application for an inquiry into an election under section 45 of the Act must be addressed to the Minister administering the relevant provisions of the Act and must include the following details—

(a) the name of the Council and the Ward of the municipal district (if appropriate) where the election or by-election was held;
(b)
candidate, or the 10 enrolled or
the full names and addresses of the application for the inquiry;

(c)

the home and business telephone numbers of the candidate, or in the case of an application by 10 enrolled or

Local Government (Elections) (Amendment) Regulations 1999

S.R. No. 2/1999 r. 22

unenrolled voters, the home and business telephone numbers of a contact person for the purposes of the
application;

(d)
the signatures of the candidate or the date on which the candidate or the voters signed the application;

(e)

the grounds on which the inquiry into the conduct or validity of the election or by-election is sought.".

22. Revocation of prescribed forms
The Schedule to the Local Government
(Elections) Regulations 1995 is revoked.

═══════════════

Local Government (Elections) (Amendment) Regulations 1999

Notes

S.R. No. 2/1999

NOTES

1 Reg. 1: S.R. No. 164/1995 and subsequently amended by
S.R. No 123/1996.

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Citations

Local Government (Elections) (Amendment) Regulations 1999 (Vic)

Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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4.	Polling booths	3
5.	Scrutineers	3
6.	Identification of voters	5
7.	Spoilt ballot-papers	5
8.	Revocation of certain provisions	5
9.	Disadvantaged voters	5
10.	Certain changes to the form of candidates' personal statements	6
11.	Declaration envelopes	6
12.	Removal of requirement that ballot papers be endorsed by the
returning officer	7
13.	Removal of requirement for declaration envelopes to be arranged
in numerical order	7
14.	Addition to list of sufficient excuses for not voting	7

6.	Applications and requests for enrolment	8
7.	Notice relating to company appointments	11

16.	Amendment of regulation 10(1)	12
17.	Substitution of regulations 11, 12, 13 and 14	13

11.	Scrutineers	14
12.	Declaration by returning officer, authorised person or
interpreter	15

(a)	to ensure the security of silent voters during the electoral process;
(b)

(c)	to make certain changes to the number of scrutineers a candidate may appoint in certain circumstances;
(d)	to make certain changes to the form of candidates' personal statements;

(e)	to clarify the requirements with respect to the issue of electoral materials in certain circumstances;
(f)	to remove the requirement for declaration envelopes to be arranged in numerical order on receipt;
(g)	to remove the requirement for the returning officer to endorse ballot-papers;
(h)	to add religious reasons to the list of sufficient excuses for not voting at a local government election;

(a)	in regulation 47(1)(b), before "sign" insert "subject to clause 2(2A) of Schedule 3 of the Act,";
(b)	in regulation 52(1), for "At" substitute "Subject to clause 2(2A) of Schedule 3 of the Act, at";
(c)	in regulation 79, for "The" substitute "Subject to clause 2(2A) of Schedule 3 of the Act, the".

(a)	the name of the Council (and the Ward, if the municipal district is subdivided);
(b)	the full name, residential address, home and business telephone numbers and date of birth of the person whose enrolment is sought;
(c)	the address of the rateable land in respect of which the application to be enrolled is made;
(d)	a declaration signed and dated by the person making the application that—

(a)	the name of the Council (and the Ward if the municipal district is subdivided);
(b)	the full names and dates of birth of the 2 appointees to be enrolled on the voters' roll on behalf of the corporation(s);
(c)	the address of the rateable land in respect of which the appointments are being made;
(d)	person or persons authorised by the corporation(s) to make the

(a)	the name of the Council (and the Ward if the municipal district is subdivided);
(b)	the full name and date of birth of the appointee whose enrolment on the voters' roll on behalf of the corporation is sought;
(c)	the address of the rateable land in respect of which the appointment is being made;
(d)	person(s) authorised to make the

(a)	the name of the Council (and the Ward if the municipal district is subdivided);
(b)	the full name, residential address and home and business telephone numbers

(c)	the name of the corporation(s)/ person(s) who appointed the appointee;
(d)	a declaration signed and dated by the appointee that he or she is resigning from the appointment.

(a)	the name of the Council (and the Ward if the municipal district is subdivided);
(b)	the full name of the person whose appointment is being revoked;
(c)	the address of the rateable land in respect of which the appointment was made;
(d)	the date on which the appointment of the person was revoked;
(e)	a request that the Council remove the name of that person from the voters' roll;
(f)	the name and address of the corporation(s) making the revocation;
(g)	the name and signature of each person authorised to revoke the appointment on behalf of the corporation(s) and the position that person holds in the corporation.".

(a)	the name of the Council (and the Ward if the municipal district is subdivided);
(b)	the full name of the candidate, the address in respect of which he or she is enrolled on the voters' roll or if a candidate has a different postal address, that postal address and his or her home and business telephone numbers, including a fax number, if any;
(c)	the form in which the candidate's name is to appear on the ballot-paper;
(d)

(a)	the name of the Council (and the Ward if the municipal district is subdivided);
(b)	the full name and address of the candidate who is appointing the scrutineer;
(c)	the full name and address of the person being appointed as the scrutineer;
(d)	a declaration signed and dated by the candidate which includes—

(a)	he or she undertakes to be a scrutineer for the candidate;
(b)	he or she will not disclose any fact coming to his or her knowledge which he or she is required not to disclose under the Act and the regulations made under the Act;
(c)	he or she is not a person who cannot be appointed as a scrutineer under the Act and the Regulations.

(a)	the name of the Council (and the Ward if the municipal district is subdivided);
(b)	the full name and residential address of the returning officer or authorised person or interpreter, as the case may be.

(a)	he or she undertakes to be a returning officer for the first time, or an authorised person or an interpreter at the election/by-election to be held on ...........................;
(b)	he or she will properly perform the duties and functions of a returning officer or an authorised person or an
interpreter and is aware of the offences under the Act which relate to these persons;
(c)	he or she will not disclose any fact coming into his or her knowledge at the election/by-election which must not be disclosed by virtue of provisions of the Act or regulations made under the Act.

(a)	the name of the Council (and the Ward if the municipal district is subdivided);
(b)	the applicant's full name, residential address and date of birth;
(c)	the address in respect of which the applicant claims to be entitled to be enrolled on the voters' roll;

(d)	the basis of the claim to be entitled to be enrolled on the voters' roll;
(e)	the date from which the applicant claims to be entitled to be enrolled on the voters' roll;
(f)	details of any change of name if the applicant was previously enrolled on the voters' roll in a different name;
(g)	a statement signed by the applicant that—

(a)	the name of the Council (and the Ward if the municipal district is subdivided);
(b)	the full name, date of birth and residential address of the person;
(c)	the address in respect of which the person is enrolled on the voters' roll;
(d)	details of any change of name if the person was previously enrolled on the voters' roll in a different name;

(a)	the name of the Council (and the Ward if the municipal district is subdivided);
(b)	the name of all the candidates and a box opposite the name of each candidate;
(c)	instructions to number all the boxes in order of choice, to number every box and not to use any number more than once.".

(a)	the name of the Council (and the Ward if the municipal district is subdivided);
(b)	the full name and address of the applicant and the full name of the candidate on whose behalf the how-to- vote card is to be registered;
(c)	the signature of the candidate and the date on which he or she signed the application;

(a)	the name of the Council and the Ward of the municipal district (if appropriate) where the election or by-election was held;
(b)	candidate, or the 10 enrolled or

S.R. No. 2/1999	r. 22
unenrolled voters, the home and business telephone numbers of a contact person for the purposes of the
application;