Untitled document

City of Melbourne (Elections) Amendment Regulations 2008

S.R. No. 70/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Amendment of Principal Regulations' objectives

6Authorising provisions

7Part 2 substituted

PART 2—VOTERS' ROLLS

Division 1—Enrolment of voters

4Definitions for purposes of this Division

4AEnrolment application from property owner

4BEnrolment application from property occupier

4CAppointment by corporation

4DRequest to vary owner enrolment

4ERequest to vary occupier enrolment

4FResignation of corporation representative

4GRevocation of corporation appointment

Division 2—Silent voters

4HSilent voter request

8Application of the Local Government (Electoral)
Regulations 2005

9Notice of candidature

10Form of ballot paper

11Voting in attendance elections

12How-to-vote cards for election of Councillors

13Transitional and consequential provisions

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 70/2008

City of Melbourne Act 2001
Local Government Act 1989

City of Melbourne (Elections) Amendment Regulations 2008

The Administrator of the State of Victoria as the Governor's deputy with the advice of the Executive Council, makes the following Regulations:

Dated: 24 June 2008

Responsible Minister:

RICHARD WYNNE
Minister for Local Government

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the City of Melbourne (Elections) Regulations 2001—

(a)to substitute a new Part 2 in relation to the enrolment of voters and silent voter requests; and

(b)to make various other necessary amendments.

2Authorising provisions

These Regulations are made under section 29 of the City of Melbourne Act 2001 and section 243 of the Local Government Act 1989.

3Commencement

These Regulations come into operation on 1 July 2008.

4Principal Regulations

In these Regulations, the City of Melbourne (Elections) Regulations 2001[1] are called the Principal Regulations.

5Amendment of Principal Regulations' objectives

(1)In regulation 1(b) of the Principal Regulations, for "2001; and" substitute "2001.".

(2)Regulation 1(c) of the Principal Regulations is revoked.

6Authorising provisions

In regulation 2 of the Principal Regulations, for "section 30" substitute "section 29".

7Part 2 substituted

For Part 2 of the Principal Regulations substitute—

'PART 2—VOTERS' ROLLS

Division 1—Enrolment of voters

4Definitions for purposes of this Division

In this Division—

(a)a reference to the corporation details of a corporation means the following—

(i)the corporation's name;

(ii)the ACN of the corporation;

(iii)the registered address of the corporation;

(iv)the name and position of the 2 persons authorised to make an application on behalf of the corporation under section 9C of the City of Melbourne Act 2001;

(b)a reference to the personal details of a person means the following—

(i)the person's name;

(ii)the person's date of birth;

(iii)the person's residential address;

(iv)the person's postal address.

4AEnrolment application from property owner

For the purposes of section 9(2)(b) of the City of Melbourne Act 2001, an application by an owner of any rateable property in the municipal district who is entitled under section 9B(1) of that Act to apply to be enrolled must include the following details—

(a)the address of the relevant rateable property;

(b)the personal details of the person making the application;

(c)a declaration signed and dated by that person that he or she is—

(i)an owner of the rateable property for which he or she is applying to be enrolled; and

(ii)not otherwise entitled to be enrolled to vote in the municipal district as a resident or owner of rateable property;

(d)if the property is jointly owned, the names of all the other joint owners of the relevant rateable property.

4BEnrolment application from property occupier

For the purposes of section 9(2)(b) of the City of Melbourne Act 2001, an application by an occupier of any rateable property in the municipal district who is entitled under section 9B(1) of that Act to apply to be enrolled must include the following details—

(a)the address of the relevant rateable property;

(b)the personal details of the person making the application;

(c)the name of the property owner;

(d)a declaration signed and dated by the person that he or she is—

(i)an occupier of the rateable property; and

(ii)liable to pay the rates for that property; and

(iii)not entitled to be enrolled to vote in the municipal district as the owner of rateable property in the district or as a resident.

4CAppointment by corporation

For the purposes of section 9(2)(b) of the City of Melbourne Act 2001, an application by a person appointed to vote on behalf of a corporation or the joint owners or joint occupiers of any rateable property in the municipal district under section 9C(1) of that Act must include the following details—

(a)the address of the relevant rateable property;

(b)the personal details of each person appointed under section 9C(1);

(c)a declaration signed and dated by each person appointed that he or she—

(i)consents to the appointment; and

(ii)is not otherwise entitled to be enrolled on the voters' roll for the municipality;

(d)the corporation details of the corporation making the application;

(e)a declaration signed and dated by the person authorised to sign on behalf of the corporation that—

(i)he or she is authorised to make the application on behalf of the corporation;

(ii)the corporation is an owner or joint owner or occupier or joint occupier of the rateable property (as the case may be);

(iii)each person named on the application as a prospective appointee is a company secretary or director of the corporation (however styled and as the case may be) and is to be appointed a voting representative of the corporation.

4DRequest to vary owner enrolment

A written request made by an owner or 2 owners of a rateable property for the purposes of section 9F(2) or 9F(3) of the City of Melbourne Act 2001 must contain the following details—

(a)the address of the relevant rateable property;

(b)the names of all owners of the rateable property;

(c)the name of each owner to be removed from the voters' roll;

(d)the personal details of each owner requested to be enrolled on the voters' roll;

(e)a declaration signed and dated by each owner applying to be enrolled that he or she is an owner of the rateable property and that he or she is not otherwise entitled to be enrolled as a resident or property owner in the municipal district;

(f)the signed and dated authorisation of at least one joint owner of the property who is not one of the 2 owners who requests to be enrolled in relation to the property.

4ERequest to vary occupier enrolment

A written request made by an occupier or 2 occupiers of a rateable property for the purposes of section 9F(2) or 9F(3) of the City of Melbourne Act 2001 must contain the following details—

(a)the address of the relevant rateable property;

(b)the names of all occupiers of the rateable property;

(c)the name of each occupier to be removed from the voters' roll;

(d)the personal details of each occupier requested to be enrolled on the voters' roll;

(e)a declaration signed and dated by each occupier applying to be enrolled that he or she is an occupier of the rateable property and that he or she is not otherwise entitled to be enrolled as a resident or property occupier in the municipal district;

(f)the signed and dated authorisation of at least one joint occupier of the property who is not one of the 2 occupiers who requests to be enrolled in relation to the property.

4FResignation of corporation representative

A notice of resignation under section 9G(2)(a)(iii) of the City of Melbourne Act 2001 must be in writing and include the following details—

(a)the personal details of the person resigning his or her appointment;

(b)the corporation details of the corporation that the person represented;

(c)a declaration signed and dated by the person that he or she resigns the appointment.

4GRevocation of corporation appointment

A notice of revocation under section 9G(2)(b) of the City of Melbourne Act 2001 must be in writing and include the following details—

(a)the corporation details of the corporation seeking to revoke the appointment;

(b)the name of the person whose appointment is to be revoked;

(c)a signed and dated written authorisation of the person authorised to make the application on behalf of the corporation.

Division 2—Silent voters

4HSilent voter request

For the purposes of section 10(1) of the Cityof Melbourne Act 2001, Division 2 of Part 2 of the Local Government (Electoral) Regulations 2005 applies to silent voters as if—

(a)a reference in regulations 13, 14(1) and 15(1) to "section 20(1) of the Act" was a reference to "section 10(1) of the City of Melbourne Act 2001"; and

(b)in the Schedule, a reference to—

(i)"Local Government Act 1989" was a reference to "City of Melbourne Act 2001"; and

(ii)"Section 20" was a reference to "Section 10".

__________________'.

8Application of the Local Government (Electoral) Regulations 2005

(1)After regulation 5(c) of the Principal Regulations insert—

'(ca)a reference in regulation 27(1)(a) to "starts on the first working day after the close of nominations" was a reference to "starts on the day after the close of applications to register group voting tickets under clause 6 of Schedule 1 to the City of Melbourne Act 2001"; and'.

(2)In regulation 5(g) of the Principal Regulations, for 'nominations".' substitute 'nominations"; and'.

(3)After regulation 5(g) of the Principal Regulations insert—

'(h)a reference in regulation 51(2) to "from the day after the close of nominations" was a reference to "from the day after the close of applications to register group voting tickets under clause 6 of Schedule 1 to the City of Melbourne Act 2001".'.

9Notice of candidature

In regulation 6(2) of the Principal Regulations, for "$100" substitute "$250".

10Form of ballot paper

For regulation 7(c) of the Principal Regulations, substitute—

'(c)instructions to the voter on how to mark the voter's ballot-paper, being instructions in the form of words or a statement to the following effect—

"Number the boxes from 1 to [2, 3, 4, 5…as the case may be] in the order of your choice. Number every box to make your vote count.".'.

11Voting in attendance elections

After regulation 11(3) of the Principal Regulations insert—

'(4)With respect to voting in attendance elections, the Local Government (Electoral) Regulations 2005 are to be read as if—

(a)a reference in regulation 27(1)(a) to "starts on the first working day after the close of nominations" was a reference to "starts on the day after the close of applications to register group voting tickets under clause 6 of Schedule 1 to the City of Melbourne Act 2001"; and

(b)a reference in regulation 51(2) to "from the day after the close of nominations" was a reference to "from the day after the close of applications to register group voting tickets under clause 6 of Schedule 1 to the City of Melbourne Act 2001".'.

12How-to-vote cards for election of Councillors

After regulation 12 of the Principal Regulations insert—

"12A   How-to-vote cards for election of Councillors

A how-to-vote card for election of Councillors submitted for registration by or on behalf of a group or a member of a group must not be inconsistent with the order of preferences in the group voting tickets.".

13Transitional and consequential provisions

Part 5 of the Principal Regulations is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 39/2001.  Subsequently amended by S.R. No. 98/2005.