Local Government (Electoral) Further Amendment Regulations 2020 (Vic)

Local Government (Electoral) Further Amendment Regulations 2020

S.R. No. 100/2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Return of declaration envelopes and ballot-papers

7Change to the last day of voting

8Exemptions from compulsory voting

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Endnotes

STATUTORY RULES 2020

S.R. No. 100/2020

Local Government Act 2020
City of Melbourne Act 2001

Local Government (Electoral) Further Amendment Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 29 September 2020

Responsible Minister:

SHAUN LEANE
Minister for Local Government

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Local Government (Electoral) Regulations 2020 to make provision to allow for delays in the postage, delivery or receipt of postal ballot envelopes or declaration envelopes and related matters.

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 30 September 2020.

4Principal Regulations

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

5Definitions

In regulation 5 of the Principal Regulations insert the following definition—

"last day of voting, in relation to postal voting, means—

(a)the day specified under regulation 57(2); or

(b)if the VEC alters or further alters the day to a later day under regulation 60, that day;".

6Return of declaration envelopes and ballot-papers

(1)In regulation 57(3) of the Principal Regulations, for paragraph (d) substitute—

"(d)the declaration envelope is received by the election manager before 12 noon on—

(i)the fifth working day after the last day of voting; or

(ii)a later day determined by the VEC under subregulation (3A), which must not be more than 10 working days after the last day of voting.".

(2)After regulation 57(3) of the Principal Regulations insert—

"(3A)For the purpose of subregulation (3)(d), the VEC may determine to alter the last day for the receipt of declaration envelopes in respect of an election for one or more Councils by fixing a different later day, if the VEC is of the opinion that it is necessary to do so because of any of the following—

(a)an unforeseen delay in the production of postal ballot envelopes or in the processing of candidate statements;

(b)any delay in the postage, delivery or receipt of postal ballot envelopes or declaration envelopes which has occurred, is occurring or is reasonably likely to occur because of a postal strike or other disruption to, or impact on, the postal service;

(c)an emergency.

(3B)If the VEC makes a determination under subregulation (3A), the VEC must—

(a)as soon as practicable publish a notice in the Government Gazette and on the VEC's internet site specifying the new last day for receipt of declaration envelopes; and

(b)if postal ballot envelopes have not yet been posted or delivered, indicate in the notice the week in which they are likely to be posted or delivered.".

7Change to the last day of voting

(1)In regulation 60(1) of the Principal Regulations—

(a)for "election manager" substitute "VEC";

(b)after "voting" insert "in an election for one or more Councils";

(c)in paragraph (a), for "printing of election materials" substitute "production of postal ballot envelopes";

(d)for paragraph (b) substitute—

"(b)any delay in the postage, delivery or receipt of postal ballot envelopes or declaration envelopes which has occurred, is occurring or is reasonably likely to occur because of a postal strike or other disruption to, or impact on, the postal service; or".

(2)After regulation 60(1) of the Principal Regulations insert—

"(1A)If the VEC is of the opinion that it is reasonably necessary to do so for any of the reasons specified in subregulation (1), the VEC may further alter the last day of voting under subregulation (1).".

(3)In regulation 60(2) of the Principal Regulations—

(a)for "election manager" substitute "VEC";

(b)for subregulation (2)(a) substitute—

"(a)as soon as practicable, publish a notice in the Government Gazette and on the VEC's internet site specifying the new last day of voting; or";

(c)in subregulation (2)(b), for "issued" substitute "posted or delivered".

8Exemptions from compulsory voting

For regulation 84(2)(b) of the Principal Regulations substitute—

"(b)if the voter was absent from Victoria—

(i)for 15 days immediately before the last day of voting; or

(ii)if the last day of voting is altered under regulation 60, from the last day postal votes are issued under regulation 49(1) until the last day of voting;".

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Endnotes

[1] Reg. 4: S.R. No 72/2020 as amended by S.R. No. 92/2020.