Local Government (Electoral) Amendment Regulations 2024 (Vic)

Local Government (Electoral) Amendment Regulations 2024

S.R. No. 57/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Enrolment application from property owner

7Enrolment application from property occupier

8Heading to Part 3 substituted

9Notice of election

10Register of Local Government Candidate Training

11Lodgement of candidate statements

12Form of candidate statement

13Rejection and amendment of candidate statements

14Lodgement of candidate questionnaire form

15Records of an electronic count to be made available

16Packaging of election records

17Exemption from compulsory voting

18Form 2 of Schedule 1 amended

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Endnotes

STATUTORY RULES 2024

S.R. No. 57/2024

Local Government Act 2020
City of Melbourne Act 2001

Local Government (Electoral) Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 25 June 2024

Responsible Minister:

MELISSA HORNE
Minister for Local Government

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Local Government (Electoral) Regulations 2020—

(a)to adjust the timing for certain processes relating to the conduct of local government elections; and

(b)to make certain changes relating to the lodgement, form and custody of candidate statements and candidate questionnaire forms; and

(c)to include additional exemptions from compulsory voting at a local government election; and

(d)to make minor and technical amendments.

2Authorising provisions

These Regulations are made under sections 325 and 326 of the Local Government Act 2020 and section 29 of the City of Melbourne Act 2001.

3Commencement

These Regulations come into operation on 26 June 2024.

4Principal Regulations

In these Regulations, the Local Government (Electoral) Regulations 2020[1] are called the Principal Regulations.

5Definitions

(1)In regulation 5(1) of the Principal Regulations insert the following definition—

"homeless person means—

(a)a person living in—

(i)crisis accommodation; or

(ii)transitional accommodation; or

(iii)any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or

(b)a person who has inadequate access to safe and secure housing within the meaning of section 4(2) of the Supported Accommodation Assistance Act 1994 of the Commonwealth;".

(2)In regulation 5(1) of the Principal Regulations—

(a)in the definition of prosecution officer, after "Act" insert "and section 19(6) of the City of Melbourne Act 2001";

(b)in the definition of nomination day, for "32 days" substitute "39 days".

6Enrolment application from property owner

In regulation 7(d)(ii) of the Principal Regulations omit "entitled to be".

7Enrolment application from property occupier

In regulation 10(e)(iii) of the Principal Regulations omit "entitled to be".

8Heading to Part 3 substituted

For the heading to Part 3 of the Principal Regulations substitute—

"PART 3—GENERAL PROVISIONS RELATING TO ELECTIONS".

9Notice of election

In regulation 22(1) of the Principal Regulations, for "40 days" substitute "50 days".

10Register of Local Government Candidate Training

In the heading to regulation 35 of the Principal Regulations omit "35".

11Lodgement of candidate statements

In regulation 38(2) of the Principal Regulations omit "day after".

12Form of candidate statement

In regulation 39(1)(a) of the Principal Regulations, for "300 words" substitute "200 words".

13Rejection and amendment of candidate statements

In regulation 40(2) of the Principal Regulations omit "second".

14Lodgement of candidate questionnaire form

In regulation 43(3) of the Principal Regulations omit "day after".

15Records of an electronic count to be made available

In regulation 75(5) of the Principal Regulations, for "returning officer" substitute "election manager".

16Packaging of election records

(1)In regulation 78(1)(i) of the Principal Regulations, before "all other documents" insert "subject to subregulation (1A),".

(2)After regulation 78(1) of the Principal Regulations insert—

"(1A)For the purposes of subregulation (1)(i), other documents does not include candidate statements and candidate questionnaire forms.".

17Exemption from compulsory voting

(1)In regulation 84(2)(c) of the Principal Regulations—

(a)in subparagraph (i), for "of voting" substitute "for the receipt of declaration envelopes in respect of the election under regulation 57(3)(d)";

(b)in subparagraph (iv), for "material." substitute "material;".

(2)After regulation 84(2)(c) of the Principal Regulations insert—

"(d)the voter was a homeless person and for that reason was unable to vote at the election or could have voted only with difficulty;

(e)the voter was—

(i)serving a sentence of imprisonment; or

(ii)otherwise in lawful custody or detention.".

18Form 2 of Schedule 1 amended

In Form 2 of Schedule 1 to the Principal Regulations omit "after".

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ENDNOTES

[1] Reg. 4: S.R. No. 72/2020 as amended by S.R. Nos 92/2020, 100/2020, 33/2021 and 104/2022.