Untitled document
Local Government Amendment (Elections) Act 2008
No. 35 of 2008
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Amendment of the Local Government
Act 1989
3Amendment of section 3—Definitions
4Amendment of section 11—Entitlements relating to
enrolment5Amendment of section 13—Owner ratepayers entitled to
be enrolled without application6Amendment of section 14—Owner ratepayers may apply
for enrolment7Amendment of section 15—Occupier ratepayers may apply
to be enrolled8Amendment of section 16—Provisions relating to corporations
9Sections 17 and 18 substituted
17Provisions relating to appointments and enrolments
10Repeal of section 19—Notification of change or cessation of entitlement
11Amendment of section 20—Request that address not be
shown12Amendment of section 23A—Public notification and
exhibition13Amendment of section 24—Preparation of voters' rolls
14Amendment of section 37—Extraordinary vacancy within 6 months before a general election
15Amendment of section 38—By-elections
16Amendment of section 40—Voting is compulsory
17Amendment of section 41A—Election or poll by postal
voting18Amendment of section 55—Printing and publication of
electoral advertisements, handbills, pamphlets or notices19Amendment of section 55A—Misleading or deceptive matter
20Amendment of section 62—Return by candidate
21Amendment of section 62B—Certain gifts not to be accepted
22Amendment of section 68A—Resignation of Councillor
23Amendment of section 70—Candidate for election
24Amendment of section 193—Entrepreneurial powers
25New section 238A inserted—False written declaration
238AFalse written declaration
26Amendment of Schedule 2—Nominations
27Amendment of clause 6 of Schedule 2—Validity of
candidature28Amendment of clause 14 of Schedule 2—Ballot‑papers
29Amendment of clause 11B of Schedule 3—2 or more
Councillors to be elected30Amendment of clause 14 of Schedule 3—Report on election
by returning officer31Repeal of clause 16 of Schedule 3—Request for a poll
32Amendment of clause 17 of Schedule 3—Conduct of the poll
33Clause 2 of Schedule 3A substituted
2Exclusion of candidate
34Amendment of clause 3 of Schedule 3A—Filling of multiple vacancies
35Clauses 4 to 7 of Schedule 3A substituted
4Procedure if there are no eligible candidates
5Procedure if there is only one eligible candidate
6Procedure if there is more than one eligible candidate
7Conduct of countback
7AProcedure if the countback fails
36Amendment of clause 8 of Schedule 3A—Other matters
37New clause 10 inserted in Schedule 3A—Counting of votes
at a countback10Counting of votes at a countback
38Repeal of Part 3 of Schedule 3A—Alternative countback procedure
Part 3—Amendment of the City of Melbourne
Act 2001
39Amendment of section 3—Definitions
40Amendment of section 9A—Persons entitled to be enrolled without application
41Amendment of section 9C—Corporations
42Amendment of section 9D—Procedure in relation to representatives of corporations
43Amendment of section 10—Request that address not be
shown44Amendment of section 11C—Public notification and
exhibition45Amendment of clause 8 of Schedule 1—Ballot‑papers
46Amendment of clause 10 of Schedule 1—Marking of votes
47Amendment of Schedule 2—Form of ballot-paper
48New Schedule 3 inserted—Form of ballot-paper (20 or more groups)
SCHEDULE 3—Form of Ballot-Paper (20 or more groups)
Part 4—Repeal of Amending Act
49Repeal of amending Act
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Endnotes
Local Government Amendment (Elections) Act 2008
No. 35 of 2008
[Assented to 5 August 2008]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to amend the Local Government Act 1989 and the City of Melbourne Act 2001 to facilitate the holding of local government elections.
2Commencement
This Act comes into operation on 15 August 2008.
__________________
Part 2—Amendment of the Local Government Act 1989
3Amendment of section 3—Definitions
(1)In section 3(1) of the Local Government Act 1989, in the definition of corporation—
(a)paragraph (b) is repealed;
(b)after "this Act" insert "or any public statutory corporation constituted by or under any law of the State of Victoria, any other State or Territory of the Commonwealth or the Commonwealth".
(2)In section 3(1) of the Local Government Act 1989, in the definition of election period for "entitlement date" substitute "last day on which nominations for that election can be received".
(3)In section 3(1) of the Local Government Act 1989, in the definition of person after paragraph (b) insert—
"or
(c)any public statutory corporation constituted by or under any law of the State of Victoria, any other State or Territory of the Commonwealth or the Commonwealth;".
(4)In section 3(1) of the Local Government Act 1989, for the definition of public notice substitute—
"public notice means a notice published in a newspaper generally circulating in the municipal district of the Council chosen for the purpose by—
(a)if the notice is required to be given by the Council, the Council;
(b)if the notice is required to be given by the Registrar, the Registrar;
(c)if the notice is required to be given by the returning officer, the returning officer;".
(5)In section 3(1) of the Local Government Act 1989, in the definition of rateable property after "land" insert "but does not include an occupancy that is used, or is intended to be used, for the sole purpose of—
(a)parking a single motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986; or
(b)mooring a single vessel within the meaning of section 3(1) of the Marine Act 1988; or
(c)storage, being a single lockable unit with a floor area not exceeding 25 square metres".
4Amendment of section 11—Entitlements relating to enrolment
For sections 11(5)(c) and 11(5)(d) of the Local Government Act 1989 substitute—
"(c)the person is appointed to vote on behalf of a corporation under section 16 and the application for appointment—
(i)complies with subsection (6); and
(ii)is accepted in accordance with this Division.".
5Amendment of section 13—Owner ratepayers entitled to be enrolled without application
(1)In section 13(1)(c) of the Local Government Act 1989 for "a ward" substitute "the municipal district".
(2)In section 13(1)(d) of the Local Government Act 1989 for "that rateable property" substitute "the municipal district".
(3)In section 13(7) of the Local Government Act 1989 for "the Council" (where secondly occurring) substitute "the Chief Executive Officer".
6Amendment of section 14—Owner ratepayers may apply for enrolment
In section 14(1)(c) of the Local Government Act 1989 for "a ward" substitute "the municipal district".
7Amendment of section 15—Occupier ratepayers may apply to be enrolled
(1)In section 15(1)(c) of the Local Government Act 1989 after "any rateable property" insert "in the municipal district".
(2)In section 15(6) of the Local Government Act 1989 for "the Council" (where secondly occurring) substitute "the Chief Executive Officer".
8Amendment of section 16—Provisions relating to corporations
(1)In section 16(1) of the Local Government Act 1989 for "a ward and is liable to pay the rates in respect of that rateable property" substitute "the municipal district".
(2)In section 16(1) of the Local Government Act 1989 for "may appoint" substitute "may apply to appoint".
(3)In section 16(2) of the Local Government Act 1989 for "the owner of any rateable property in a ward jointly with any other person or persons and is liable to pay the rates in respect of that rateable property" substitute "a joint owner of any rateable property in the municipal district".
(4)In section 16(4) of the Local Government Act 1989 for "(3)" substitute "(2)".
(5)In sections 16(5) and 16(8) of the Local Government Act 1989 for "a ward" substitute "the municipal district".
(6)In section 16(5) of the Local Government Act 1989 omit "with any other person or persons".
(7)In section 16(9) of the Local Government Act 1989—
(a)for "An appointment under subsection (1) and an application for a person to be enrolled for the purposes of subsection (2) or (5)" substitute "An application for a person to be appointed under this section";
(b)in paragraph (a) after "company secretary" insert "(however styled)".
(8)In section 16(10)(a)(i) of the Local Government Act 1989 after "company secretary" insert "(however styled)".
9Sections 17 and 18 substituted
For sections 17 and 18 of the Local Government Act 1989 substitute—
"17 Provisions relating to appointments and enrolments
(1)On receiving notice of an appointment under section 13(5), 13(6) or 16 or an application for enrolment under section 14 or 15, the Chief Executive Officer must enrol the person unless the Chief Executive Officer believes that the person is not entitled to be enrolled.
(2)If the Chief Executive Officer believes the person is not entitled to be enrolled, the Chief Executive Officer must—
(a)refuse to enrol the person; and
(b)advise the person who submitted the notice of appointment or application for enrolment of the refusal in writing and give the person the reason for the refusal.
(3)The Chief Executive Officer may either orally or in writing, request any person or corporation to provide information to enable the Chief Executive Officer to determine the eligibility of a person to be enrolled.
(4)If a request under subsection (3) is made in writing, the Chief Executive Officer may require the information to be given in writing and signed by the person giving the information.
(5)A person must not knowingly give information in writing under subsection (4) which is false.
Penalty:20 penalty units.".
10Repeal of section 19—Notification of change or cessation of entitlement
Section 19 of the Local Government Act 1989 is repealed.
11Amendment of section 20—Request that address not be shown
In section 20(1) of the Local Government Act 1989 after "A person" insert "who is entitled as a ratepayer to be enrolled on the voters' roll under section 13, 14, 15 or 16".
12Amendment of section 23A—Public notification and exhibition
(1)In section 23A(1)(a) of the Local Government Act 1989 for "must" substitute "can".
(2)For sections 23A(1)(b) and 23A(1)(c) of the Local Government Act 1989 substitute—
"(b)if a corporation has exercised an entitlement under section 16, give a letter to the corporation specifying that the enrolment of the person on the voters' roll to represent the corporation will cease to have effect on the entitlement date and that if still entitled, an application to renew the enrolment can be made under section 16.".
(3)For section 23A(2) of the Local Government Act 1989 substitute—
"(2)The Chief Executive Officer must send a letter not later than the date specified for the publishing of the public notice under subsection (5) after the commencement of the Local Government Amendment (Elections) Act 2008 to—
(a)each person who was enrolled on the voters' roll under section 13 for the last general election before the commencement of the Local Government Amendment (Elections) Act 2008 who will not be entitled to be enrolled on the voters' roll under section 13 for the next general election only because of the amendments made to this Act by the Local Government Amendment (Elections) Act 2008; and
(b)each corporation that has exercised a right of entitlement under section 16(1) or 16(2) to appoint a voting representative before the commencement of the Local Government Amendment (Elections) Act 2008 the appointment of which will cease to have effect only because of the amendments made to this Act by the Local Government Amendment (Elections) Act 2008—
specifying the changes and any relevant entitlements and requirements for enrolment.".
(4)In section 23A(4) of the Local Government Act 1989 for "In" substitute "Subject to subsection (4A), in".
(5)After section 23A(4) of the Local Government Act 1989 insert—
"(4A)Despite subsection (4), in the case of a by‑election or a poll of voters, the Registrar may decide to prepare an exhibition roll in accordance with section 23 to be used for the purposes of this section and section 24 prepared as at a date since the entitlement date for the last general election.
(4B)If subsection (4A) applies, the Registrar must—
(a)specify the date as at which the Victorian Electoral Commission and the Chief Executive Officer are to provide voters' lists under sections 21 and 22; and
(b)include the date specified under paragraph (a) on the exhibition roll.".
(6)For section 23A(6) of the Local Government Act 1989 substitute—
"(6)The Registrar must ensure that the exhibition roll is available for inspection by members of the public for the period of 5 working days ending at 4 p.m. on the entitlement date.".
13Amendment of section 24—Preparation of voters' rolls
After section 24(2) of the Local Government Act 1989 insert—
"(2A)In the case of a by-election, a voters' roll for a ward must not include a person enrolled on the voters' roll prepared for the last general election for another ward unless—
(a)the person's primary place of residence is in the ward in respect of which the voters' roll is being prepared; or
(b)the person has ceased to have a right of entitlement to be enrolled in respect of that other ward.".
14Amendment of section 37—Extraordinary vacancy within 6 months before a general election
At the end of section 37 of the Local Government Act 1989 insert—
"(2)If the Council decides to fill an extraordinary vacancy which occurs within 6 months before a general election, the Chief Executive Officer must notify the Minister of that decision within 3 working days of the Council making the decision.".
15Amendment of section 38—By-elections
(1)In section 38(1) of the Local Government Act 1989 for "An" substitute "Unless subsection (1AA) applies, an".
(2)After section 38(1A) of the Local Government Act 1989 insert—
"(1AA)For the purposes of determining when the period under subsection (1) commences, the extraordinary vacancy is to be taken to have occurred—
(a)if the extraordinary vacancy occurs within 6 months before a general election, on the date that the Council decides to fill the vacancy under section 37; or
(b)if the returning officer determines that the extraordinary vacancy cannot be filled by a countback under Schedule 3A, on the date on which the returning officer makes that determination.
(1AB)Despite subsection (1), if the Minister considers that the process for holding an election to fill an extraordinary vacancy would be adversely affected by the Christmas and New Year holiday period if the date of the election was fixed in accordance with that subsection, the Minister may fix a date for the holding of the election on a day which is a Saturday not later than the 150th day after the extraordinary vacancy and is as soon as is reasonably practicable.
(1AC)For the purposes of subsection (1AB), the Minister—
(a)may specify as the entitlement date a date which is more than 57 days before the date of the election;
(b)must publish the date of the election and the entitlement date in the Government Gazette.".
16Amendment of section 40—Voting is compulsory
In section 40(1) of the Local Government Act 1989 after "voters' roll" insert "as a resident under section 12".
17Amendment of section 41A—Election or poll by postal voting
(1)In section 41A(1) of the Local Government Act 1989 for "A" substitute "Subject to subsections (2A) and (2B), a".
(2)After section 41A(2) of the Local Government Act 1989 insert—
"(2A)Voting at a general election must be conducted by the same means, whether attendance or postal voting, as the previous general election was conducted unless the Council has decided at least 8 months before the election day to change the means of conducting the voting.
(2B)Voting at a by-election must be conducted by the same means, whether attendance or postal voting, as the previous general election was conducted unless the Council has decided not later than 7 days after the extraordinary vacancy occurred to change the means of conducting the voting.".
(3)Section 41A(3A) of the Local Government Act 1989 is repealed.
18Amendment of section 55—Printing and publication of electoral advertisements, handbills, pamphlets or notices
After section 55(3) of the Local Government Act 1989 insert—
"(4)For the purposes of subsection (1), address does not include a post office box.".
19Amendment of section 55A—Misleading or deceptive matter
In section 55A of the Local Government Act 1989—
(a)in subsection (1)—
(i)omit "during the election period";
(ii)for "an elector" substitute "a voter";
(b)in subsection (2)—
(i)omit "during the election period";
(ii)for "that election" substitute "an election".
20Amendment of section 62—Return by candidate
For section 62(6) of the Local Government Act 1989 substitute—
"(6)In this section, donation period means the period commencing on whichever is the later of—
(a)30 days after the last general election for the Council; or
(b)30 days after the last election for the Council at which the person required to give the election campaign donation return was a candidate—
and ending 30 days after election day in the current election for the Council.".
21Amendment of section 62B—Certain gifts not to be accepted
For section 62B(7) of the Local Government Act 1989 substitute—
"(7)In this section, donation period means the period commencing on whichever is the later of—
(a)30 days after the last general election for the Council; or
(b)30 days after the last election for the Council at which the person required to give the election campaign donation return was a candidate—
and ending 30 days after election day in the current election for the Council.".
22Amendment of section 68A—Resignation of Councillor
(1)After section 68A(2) of the Local Government Act 1989 insert—
"(2A)A Councillor may specify in his or her resignation that they will continue in office until the result of the by-election or countback is declared.
(2B)A Councillor who has resigned cannot continue in office after the result of the by‑election or countback is declared.".
(2)Section 68A(5) of the Local Government Act 1989 is repealed.
23Amendment of section 70—Candidate for election
(1)After section 70(2) of the Local Government Act 1989 insert—
"(2A)In addition to subsection (2), if a person who has been a Councillor of a Council ceased to be a Councillor of that Council because—
(a)the person failed to take the oath of office as required by section 63; or
(b)the person was absent from 4 consecutive ordinary meetings of the Council without leave obtained from the Council; or
(c)the Minister has made an order under section 85(6) in respect of that person—
the person cannot nominate as a candidate for an election for that Council to be held during the period ending 4 years after the person ceased to be a Councillor of that Council.
(2B)Subsection (2A) applies in respect of any person who ceases to be a Councillor because of a ground specified in that subsection on or after the commencement of section 23 of the Local Government Amendment (Elections) Act 2008.".
(2)In section 70(6) of the Local Government Act 1989 after "(2)," insert "(2A),".
24Amendment of section 193—Entrepreneurial powers
Section 193(8) of the Local Government Act 1989 is repealed.
25New section 238A inserted—False written declaration
After section 238 of the Local Government Act 1989 insert—
"238A False written declaration
A person who is required to make a written declaration by or under this Act or the regulations as a candidate, scrutineer or voter or as a person submitting a how-to-vote card must not knowingly make a declaration which is false.
Penalty:20 penalty units.".
26Amendment of Schedule 2—Nominations
(1)In clauses 3(2), 7(1), 9(1), 9(2), 10(2)(a), 10(4) and 14(2) of Schedule 2 to the Local Government Act 1989 for "31st" substitute "32nd".
(2)In clauses 3(2), 7(1), 10(2)(a) and 14(2) of Schedule 2 to the Local Government Act 1989 for "4 p.m." substitute "12 noon".
(3)In clause 9(2) of Schedule 2 to the Local Government Act 1989 for "4 p.m." (where first occurring) substitute "12 noon".
(4)After clause 5(1) of Schedule 2 to the Local Government Act 1989 insert—
"(1A)Unless subclause (1B) applies, a candidate must sign the declaration referred to in subclause (1)(c) in the presence of the returning officer.
(1B)If a candidate is unable to sign the declaration referred to in subclause (1)(c) in the presence of the returning officer, the candidate must provide with the declaration a statutory declaration specifying that he or she—
(a)is nominating;
(b)has personally signed the declaration;
(c)is unable to sign the declaration in the presence of the returning officer and the reason or reasons why he or she is unable to do so.".
27Amendment of clause 6 of Schedule 2—Validity of candidature
For clause 6(3A) of Schedule 2 to the Local Government Act 1989 substitute—
"(3A)The returning officer must reject as being void a nomination from a person who is not enrolled on the voters' roll for the municipality unless the nomination is accompanied by a statutory declaration stating—
(a)that the person is entitled to be enrolled being an entitlement other than under section 12(1) or 12(2);
(b)the grounds on which he or she claims to be entitled;
(c)what steps he or she has taken to be enrolled.".
28Amendment of clause 14 of Schedule 2—Ballot‑papers
In clause 14(2) of Schedule 2 to the Local Government Act 1989 after "by lot" insert "whether manually or by electronic means".
29Amendment of clause 11B of Schedule 3—2 or more Councillors to be elected
For clause 11B(27)(c) of Schedule 3 to the Local Government Act 1989 substitute—
"(c)a transfer in accordance with subclause (12)(b) of all the votes of an excluded candidate or candidates, as the case may be, at a particular transfer value.".
30Amendment of clause 14 of Schedule 3—Report on election by returning officer
(1)For clause 14(1) of Schedule 3 to the Local Government Act 1989 substitute—
"(1)The returning officer must prepare a report to the Chief Executive Officer on the conduct of the election within the period of 3 months after election day.".
(2)For clause 14(3) of Schedule 3 to the Local Government Act 1989 substitute—
"(3)The Chief Executive Officer must ensure that the report is submitted to the Council at the earliest practicable meeting of the Council held after the report is received by the Chief Executive Officer.".
31Repeal of clause 16 of Schedule 3—Request for a poll
Clause 16 of Schedule 3 to the Local Government Act 1989 is repealed.
32Amendment of clause 17 of Schedule 3—Conduct of the poll
(1)For clause 17(1)(c) of Schedule 3 to the Local Government Act 1989 substitute—
"(c)a scrutineer may be appointed in writing by the Minister or the Chief Executive Officer;".
(2)In clause 17(1)(d) of Schedule 3 to the Local Government Act 1989 after "notify" insert "the Minister and".
33Clause 2 of Schedule 3A substituted
For clause 2 of Schedule 3A to the Local Government Act 1989 substitute—
"2 Exclusion of candidate
(1)The returning officer must exclude from participation in a countback any candidate which the returning officer knows has died or has otherwise ceased to be eligible to be elected as a Councillor.
(2)An exclusion under subclause (1) may be made—
(a)before the public notice is published under clause 6; or
(b)after the public notice is published under clause 6 unless the countback procedure has been commenced.".
34Amendment of clause 3 of Schedule 3A—Filling of multiple vacancies
In clause 3(4) of Schedule 3A to the Local Government Act 1989 for "clauses 2(1) and (2)" substitute "clause 6".
35Clauses 4 to 7 of Schedule 3A substituted
For clauses 4 to 7 of Schedule 3A to the Local Government Act 1989 substitute—
"4 Procedure if there are no eligible candidates
If there are no eligible candidates, the countback fails and clause 7A applies.
5Procedure if there is only one eligible candidate
(1)This clause applies if there is only one eligible candidate.
(2)The returning officer must invite in writing the candidate to complete a written declaration specifying that the candidate is still eligible to be a Councillor.
(3)A written declaration under subclause (2) must be given to the returning officer within 14 days of the date of the written invitation.
(4)If the candidate complies with this clause, the returning officer must declare the candidate elected in accordance with clause 17.
(5)If the candidate does not comply with this clause, the countback fails and clause 7A applies.
6Procedure if there is more than one eligible candidate
(1)This clause applies if there is more than one eligible candidate.
(2)Within 14 days of the extraordinary vacancy occurring, the returning officer must—
(a)publish a public notice in accordance with subclause (3); and
(b)give written notice in accordance with subclause (3) to each eligible candidate at their last known address.
(3)The public notice and the written notice must specify—
(a)the date, time and place for the conduct of the countback;
(b)that an eligible candidate is entitled to appoint scrutineers for the countback;
(c)the contact details of the returning officer.
(4)The date for the conduct of the countback must be the date which is at least 14 days after the date of the public notice which in the opinion of the returning officer is the earliest practicable date to conduct the countback.
(5)The countback must be conducted in accordance with Part 2.
7Conduct of countback
(1)The returning officer must make reasonable efforts to notify the candidate who would be declared elected as a result of the countback and invite the candidate to complete a written declaration within 48 hours that the candidate is still eligible to become a Councillor.
(2)If the candidate completes the written declaration under subclause (1), clause 17 applies.
(3)If the candidate does not complete the written declaration under subclause (1), a further count is to be conducted as soon as is practicable after the period in subclause (1) has expired until—
(a)a candidate who would be declared elected as a result of the countback and is invited to complete a written declaration within 48 hours that the candidate is still eligible to become a Councillor does so; or
(b)if there is only one candidate remaining, the candidate is invited to complete a written declaration within 48 hours that the candidate is still eligible to become a Councillor and does so; or
(c)there are no eligible candidates remaining.
(4)For the purposes of the application of subclause (3), each time the process is repeated, the preferences for any candidate who has failed to complete the written declaration when invited to do so are excluded in the countback.
(5)If subclause (3)(a) or (3)(b) applies, clause 17 applies.
(6)If subclause (3)(c) applies, the countback has failed and clause 7A applies.
7AProcedure if the countback fails
(1)If the countback fails or the returning officer is otherwise unable to fill the extraordinary vacancy by a countback—
(a)the returning officer must notify the Chief Executive Officer;
(b)a by-election must be held to fill the extraordinary vacancy.
(2)Despite clause 3(1), by-elections to fill 2 or more vacancies may be held at the same time.".
36Amendment of clause 8 of Schedule 3A—Other matters
In clause 8 of Schedule 3A to the Local Government Act 1989 for ", 17 and 25(2)" substitute "and 17".
37New clause 10 inserted in Schedule 3A—Counting of votes at a countback
Before clause 11 of Schedule 3A to the Local Government Act 1989 insert—
"10 Counting of votes at a countback
(1)The returning officer may count the votes at a countback manually or by the use of electronic counting equipment and systems.
(2)The returning officer must not use electronic counting equipment and systems unless the returning officer, after conducting any tests for the purpose that the returning officer considers appropriate, certifies in writing that—
(a)the electronic form of the ballot-papers is an accurate copy of all the ballot-papers on which a vote was cast in the relevant election; and
(b)the countback can be conducted using electronic counting equipment and systems.
(3)If the countback is conducted using electronic counting equipment and systems, the returning officer may modify the process applying under clauses 11 to 16 to the extent necessary to facilitate the use of the electronic counting equipment and systems.".
38Repeal of Part 3 of Schedule 3A—Alternative countback procedure
Part 3 of Schedule 3A to the Local Government Act 1989 is repealed.
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Part 3—Amendment of the City of Melbourne Act 2001
39Amendment of section 3—Definitions
In section 3 of the City of Melbourne Act 2001, in the definition of rateable property after "land" insert "but does not include an occupancy that is used, or is intended to be used, for the sole purpose of—
(a)parking a single motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986; or
(b)mooring a single vessel within the meaning of section 3(1) of the Marine Act 1988; or
(c)storage, being a single lockable unit with a floor area not exceeding 25 square metres".
40Amendment of section 9A—Persons entitled to be enrolled without application
In sections 9A(3)(d) and 9A(5)(d) of the City of Melbourne Act 2001 for "that rateable property" substitute "the municipal district".
41Amendment of section 9C—Corporations
In section 9C(3) of the City of Melbourne Act 2001 after "company secretary" insert "(however styled)".
42Amendment of section 9D—Procedure in relation to representatives of corporations
(1)In section 9D(2) of the City of Melbourne Act 2001 after "company secretary" insert "(however styled)".
(2)In sections 9D(2) and 9D(3) of the City of Melbourne Act 2001 after "company secretaries" insert "(however styled)".
(3)In section 9D(3) of the City of Melbourne Act 2001 after "directors" insert "(however styled)".
43Amendment of section 10—Request that address not be shown
In section 10(1) of the City of Melbourne Act 2001 after "A person" insert "who is entitled to be enrolled on the voters' roll under section 9A(3), 9A(5), 9B or 9C".
44Amendment of section 11C—Public notification and exhibition
(1)For section 11C(2) of the City of Melbourne Act 2001 substitute—
"(2)The Chief Executive Officer must send a letter not later than the date specified for the publishing of the public notice under subsection (4) after the commencement of the Local Government Amendment (Elections) Act 2008 to—
(a)each person who was enrolled on the voters' roll under section 9 for the last general election before the commencement of the Local Government Amendment (Elections) Act 2008 who will not be entitled to be enrolled on the voters' roll under section 9 for the next general election only because of the amendments made to this Act by the Local Government Amendment (Elections) Act 2008; and
(b)each corporation that has exercised a right of entitlement to appoint a voting representative before the commencement of the Local Government Amendment (Elections) Act 2008 the appointment of which will cease to have effect only because of the amendments made to this Act by the Local Government Amendment (Elections) Act 2008—
specifying the changes and any relevant entitlements and requirements for enrolment.".
(2)For section 11C(5) of the City of Melbourne Act 2001 substitute—
"(5)The Registrar must ensure that the exhibition roll is available for inspection by members of the public for the period of 5 working days ending at 4 p.m. on the entitlement date.".
45Amendment of clause 8 of Schedule 1—Ballot‑papers
(1)For clause 8(1) of Schedule 1 to the City of Melbourne Act 2001 substitute—
"(1)If at least one voting ticket has been registered for the purposes of the election—
(a)the ballot-paper for the election must be in the form of Schedule 2 if there are fewer than 20 groups of candidates; or
(b)the ballot-paper for the election must be in the form of Schedule 3 if there are 20 or more groups of candidates.".
(2)In clause 8(7) of Schedule 1 to the City of Melbourne Act 2001 for "Schedule 2" substitute "Schedules 2 and 3".
46Amendment of clause 10 of Schedule 1—Marking of votes
In clause 10(1) of Schedule 1 to the City of Melbourne Act 2001 after "2" insert "or 3".
47Amendment of Schedule 2—Form of ballot-paper
In the title to Schedule 2 to the City of Melbourne Act 2001 after "BALLOT-PAPER" insert "(FEWER THAN 20 GROUPS)".
48New Schedule 3 inserted—Form of ballot-paper (20 or more groups)
After Schedule 2 to the City of Melbourne Act 2001 insert—
"SCHEDULE 3
Form of Ballot-Paper (20 or more groups)
Ballot-paper
CITY OF MELBOURNE
Election of [2] Councillors of the Melbourne City Council
| D I R E C | ________ EITHER | Place the single figure 1 in one, and one only of these squares to indicate the group voting ticket which you wish to adopt as your vote | o OR o OR ... OR o 3 3 3 o OR o OR ... OR o 3 3 3 | |||||
| T I O N S | ________ OR | Place the numbers 1 to [4] in the squares immediately to the left of the names of the respective candidates so as to indicate the order of your preference for them | o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 | o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 | ... ... ... ... ... ... ... ... ... ... ... ... | o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 o 1 3 | Ungrouped o 1 o 1 o 1 o 1 o 1 | |
1 Here insert name of a candidate.
2 Here insert number of vacancies.
3 Here insert name of a registered political party or other group name if applicable.
4 Here insert number of candidates.".
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Part 4—Repeal of Amending Act
49Repeal of amending Act
This Act is repealed on the first anniversary of its commencement.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 12 June 2008
Legislative Council: 26 June 2008
The long title for the Bill for this Act was "A Bill for an Act to amend the Local Government Act 1989 and the City of Melbourne Act 2001 to facilitate the holding of local government elections and for other purposes."
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