Untitled document
Electoral and Parliamentary Committees Legislation (Amendment) Act 2006
Act No. 44/2006
table of provisions
Section Page
Part 1—Preliminary
1.Purpose
2.Commencement
Part 2—Electoral Act 2002
3.New Part 6A inserted—Electronic Voting
Part 6A—Electronic Voting
110A.Application of Part 6 to electronic voting
110B.No entitlement to electronic voting
110C.Where is electronic voting available?
110D.Who can access electronic voting?
110E.Approval of computer program for electronic voting
110F.Security arrangements
110G.Ballot-papers
110H.Voting
110I.Offence in relation to electronic voting
4.Amendment of section 148—False information
5.Amendment of section 149—Forging or uttering electoral papers
6.Amendment of section 150—Voting offences
7.Amendment of section 151—Bribery
8.Amendment of section 152—Interference with political liberty
9.Amendment of section 153—Tampering
10.New section 153A inserted
153A.Application provision
Part 3—Constitution (Parliamentary Reform) Act 2003
11.Amendment of section 26
12.Amendment of section 32
13.Amendment of section 42
14.New section 42A inserted
42A.Form of ballot-paper for the Council
15.New section 52 inserted
52.Financial Management Act 1994
Part 4—Magistrates' Court Act 1989
16.Consequential amendment to Schedule 4
Part 5—Parliamentary Committees Act 2003 and Constitution Act 1975
17.Amendment of section 3—Definitions
18.Amendment of section 17—Scrutiny of Acts and Regulations Committee
19.Amendment of section 25—Sittings
20.Amendment of section 28—Evidence
21.Amendment of section 35—Reports before Parliament
22.Amendment of section 36—Government responses
23.Consequential amendment of Constitution Act 1975
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Endnotes
Electoral and Parliamentary Committees Legislation (Amendment) Act 2006
[Assented to 25 July 2006]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purpose
The purpose of this Act is to—
(a)amend the Electoral Act 2002 to—
(i)provide for electronic voting by electors who because of a visual impairment cannot otherwise vote without assistance;
(ii)clarify that certain electoral offences are indictable offences;
(b)amend the Constitution (Parliamentary Reform) Act 2003 to make amendments to the Electoral Act 2002 to—
(i)provide for the final nomination day and election day for a by-election;
(ii)provide for a new form of ballot-paper for the Legislative Council where there are 20 or more groups;
and to make a consequential amendment to the Financial Management Act 1994;
(c)amend the Parliamentary Committees Act 2003 to—
(i)enable Joint Investigatory Committees to use electronic means in conducting meetings and taking evidence;
(ii)improve the operation of the Act;
(d)consequentially amend the Magistrates' Court Act 1989 and the Constitution Act 1975.
2.Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
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Part 2—Electoral Act 2002
3.New Part 6A inserted—Electronic Voting
After Part 6 of the Electoral Act 2002 insert—
'Part 6A—Electronic Voting
110A.Application of Part 6 to electronic voting
Part 6 applies to and in respect of electronic voting subject to the provisions of this Part.
110B.No entitlement to electronic voting
This Part does not create an entitlement to vote by electronic voting.
110C.Where is electronic voting available?
Electronic voting is available at a voting centre which is designated by the Commission as an electronic voting centre.
110D.Who can access electronic voting?
Electronic voting can be accessed at an electronic voting centre by an elector who because of a visual impairment cannot otherwise vote without assistance.
110E.Approval of computer program for electronic voting
(1)The Commission may approve a computer program to enable electronic voting if the Commission is satisfied that the criteria specified in sub-section (2) apply.
(2)The criteria are—
(a)the proper use of the computer program will give the same result in the recording of votes in an election as would be obtained if no computer program was used in the recording of votes;
(b)the computer program will enable an elector to show consecutive preferences beginning with the figure "1" or, in the case of an election for the Legislative Council, to select only one party or group in accordance with section 93A(2)(a);
(c)the computer program allows an elector to correct a mistake before the vote is processed by the computer program;
(d)the computer program allows an elector to give an informal vote by selecting no preferences for any candidate or by voting for less than the number of vacancies to be filled at the election;
(e)the computer program allows an elector to abandon for any reason the electronic ballot-paper without completing the vote;
(f)the computer program can produce a paper record of each vote cast using an electronic ballot-paper to enable the counting of votes in the election;
(g)the computer program will prevent any person from ascertaining the vote of a particular elector.
(3)The Commission may approve a process for entering preferences into the approved computer program.
110F.Security arrangements
The Commission must ensure that arrangements are in place to ensure that—
(a)computer programs and electronic devices used or intended to be used for or in connection with electronic voting are kept secure from interference; and
(b)the integrity of voting is maintained while electronic voting is being used.
110G.Ballot-papers
(1)For the purposes of this Part, a ballot-paper prepared under section 74 may be in an electronic form.
(2)The Commission may approve changes to the electronic form of the ballot-paper which are necessary to facilitate the display of the electronic form.
(3)The Commission may approve changes to the form of the ballot-paper printed from the ballot-paper in an electronic form.
110H.Voting
(1)In addition to the questions required to be asked by section 90, an election official may ask a person claiming to vote by electronic voting whether the person has a visual impairment that would require the person to seek assistance to vote if they could not vote by electronic voting.
(2)For the purposes of section 92, if section 110D applies to a person entitled to vote, the person may be given an electronic ballot-paper.
(3)A person given an electronic ballot-paper must comply with sections 93 and 93A in marking their vote on the electronic ballot-paper.
(4)For the purposes of section 93(6), an elector using electronic voting is to be taken to have deposited their vote in the ballot-box when they submit their electronic ballot-paper using the approved computer program.
(5)For the purposes of section 98, a person to whom section 110D applies is entitled to apply to vote at an early voting centre.
(6)The validity of a vote cast in accordance with this section cannot be disputed on the ground that the elector could have voted without assistance.
110I.Offence in relation to electronic voting
(1)A person must not, without reasonable excuse, destroy or interfere with any computer program, data file or electronic device which is used, or intended to be used, for or in connection with electronic voting.
(2)A person who contravenes sub-section (1) is guilty of an indictable offence.
Penalty:Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).'.
4.Amendment of section 148—False information
(1)The penalty at the foot of section 148(1) of the Electoral Act 2002 is repealed.
(2)After section 148(1) of the Electoral Act 2002 insert—
"(1A)A person who contravenes sub-section (1) is guilty of an indictable offence.
Penalty:Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).".
(3)The penalty at the foot of section 148(2) of the Electoral Act 2002 is repealed.
(4)After section 148(2) of the Electoral Act 2002 insert—
"(3)A person who contravenes sub-section (2) is guilty of an indictable offence.
Penalty:Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).".
5.Amendment of section 149—Forging or uttering electoral papers
(1)The penalty at the foot of section 149 of the Electoral Act 2002 is repealed.
(2)At the end of section 149 of the Electoral Act 2002 insert—
"(2)A person who contravenes sub-section (1) is guilty of an indictable offence.
Penalty:Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).".
6.Amendment of section 150—Voting offences
(1)The penalty at the foot of section 150 of the Electoral Act 2002 is repealed.
(2)At the end of section 150 of the Electoral Act 2002 insert—
"(2)A person who contravenes sub-section (1) is guilty of an indictable offence.
Penalty:Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).".
7.Amendment of section 151—Bribery
(1)The penalty at the foot of section 151(1) of the Electoral Act 2002 is repealed.
(2)After section 151(1) of the Electoral Act 2002 insert—
"(1A)A person who contravenes sub-section (1) is guilty of an indictable offence.
Penalty:Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).".
(3)The penalty at the foot of section 151(2) of the Electoral Act 2002 is repealed.
(4)After section 151(2) of the Electoral Act 2002 insert—
"(2A)A person who contravenes sub-section (2) is guilty of an indictable offence.
Penalty:Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).".
8.Amendment of section 152—Interference with political liberty
(1)The penalty at the foot of section 152(1) of the Electoral Act 2002 is repealed.
(2)After section 152(1) of the Electoral Act 2002 insert—
"(1A)A person who contravenes sub-section (1) is guilty of an indictable offence.
Penalty:Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).".
(3)The penalty at the foot of section 152(2) of the Electoral Act 2002 is repealed.
(4)After section 152(2) of the Electoral Act 2002 insert—
"(3)A person who contravenes sub-section (2) is guilty of an indictable offence.
Penalty:Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).".
9.Amendment of section 153—Tampering
(1)The penalty at the foot of section 153 of the Electoral Act 2002 is repealed.
(2)At the end of section 153 of the Electoral Act 2002 insert—
"(2)A person who contravenes sub-section (1) is guilty of an indictable offence.
Penalty:Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units).".
10.New section 153A inserted
After section 153 of the Electoral Act 2002 insert—
"153A.Application provision
Sections 148, 149, 150, 151, 152 and 153 as amended by the Electoral and Parliamentary Committees Legislation (Amendment) Act 2006 apply to an offence against any of those sections committed on or after the commencement of the Electoral and Parliamentary Committees Legislation (Amendment) Act 2006.".
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Part 3—Constitution (Parliamentary Reform) Act 2003
11.Amendment of section 26
After section 26(7) of the Constitution (Parliamentary Reform) Act 2003 insert—
'(7A)After section 63(7) of the Electoral Act 2002 insert—
"(8)Subject to sub-section (9), if an election is a by-election, the final nomination day must be a day within the period that—
(a)starts 10 days after the date of the writ; and
(b)ends 28 days after the date of the writ.
(9)If a candidate for an election which is a by-election dies before noon on the final nomination day for the by‑election, the final nomination day (except for the purposes of sub-section (10)) is to be the next day.
(10)The election day for an election which is a by-election must be a Saturday within the period that starts 15 days after the final nomination day and ends 30 days after the final nomination day.".'.
12.Amendment of section 32
(1)In section 32(3) of the Constitution (Parliamentary Reform) Act 2003, in the proposed section 74(3A) of the Electoral Act 2002 after "Council election" insert "at which there are fewer than 20 groups of candidates".
(2)In section 32(3) of the Constitution (Parliamentary Reform) Act 2003, after the proposed section 74(3A) of the Electoral Act 2002 insert—
"(3AA)The Commission must cause ballot-papers to be printed to be used in a Council election at which there are 20 or more groups of candidates with the names of all the candidates at the election and of no other persons, in the form of Schedule 1B and in the order determined by the election manager.".
13.Amendment of section 42
In section 42 of the Constitution (Parliamentary Reform) Act 2003, in the heading of proposed Schedule 1A of the Electoral Act 2002 after "COUNCIL" insert "(FEWER THAN 20 GROUPS)".
14.New section 42A inserted
After section 42 of the Constitution (Parliamentary Reform) Act 2003 insert—
'42A.Form of ballot-paper for the Council
Before Schedule 2 to the Electoral Act 2002 insert—
"SCHEDULE 1B
Form of ballot-paper for the council (20 OR MORE groups)
Section 74(3AA)
For your vote to count, you must vote in either one of the two ways described below
| D I R E C T I O N S | ________ EITHER | Place the number 1 in one, and one only of these squares to indicate your choice. | A B L o OR o OR ... OR o 2 2 2 | Ballot-paper Region of [4] Election of 5 members of the Legislative Council |
| M N Z o OR o OR ... OR o 2 2 2 | ||||
| ________ OR | Place the numbers 1 to at least 5 in these squares to indicate your choice. | A B L o 13 o 13 ... o 13 o 13 o 13 ... o 13 o 13 o 13 ... o 13 o 13 o 13 ... o 13 o 13 o 13 ... o 13 o 13 o 13 ... o 13 | ||
| M N Z o 13 o 13 ... o 13 o 13 o 13 ... o 13 o 13 o 13 ... o 13 o 13 o 13 ... o 13 o 13 o 13 ... o 13 o 13 o 13 ... o 13 | Ungrouped o 13 o 13 o 13 o 13 o 13 |
1. Here insert name of a candidate.
2.Here insert name of registered political party or composite name of registered political parties if so requested.
3.Here insert name of a registered political party if to be printed and the suburb or locality of the candidate's address in respect of which the candidate is enrolled.
4.Here insert name of region.
Fold the ballot-paper and put it in the ballot-box or declaration envelope, as appropriate.
__________________".'.
15.New section 52 inserted
After section 51 of the Constitution (Parliamentary Reform) Act 2003 insert—
'52.Financial Management Act 1994
In section 27 of the Financial Management Act 1994 for "general election of members of the Legislative Assembly" substitute "general election within the meaning of section 3 of the Electoral Act 2002".'.
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Part 4—Magistrates' Court Act 1989
16.Consequential amendment to Schedule 4
In Schedule 4 of the Magistrates' Court Act 1989, clause 52 is repealed.
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Part 5—Parliamentary Committees Act 2003 and Constitution Act 1975
17.Amendment of section 3—Definitions
In section 3 of the Parliamentary Committees Act 2003, after the definition of "Assembly" insert—
' "audio link" means facilities (including telephone) that enable audio communication between persons at different locations;
"audio visual link" means facilities (including closed-circuit television) that enable audio and visual communication between persons at different locations;'.
18.Amendment of section 17—Scrutiny of Acts and Regulations Committee
For section 17(c) of the Parliamentary Committees Act 2003 substitute—
"(c)to consider any Act that was not considered under paragraph (a) or (b) when it was a Bill—
(i)within 30 days immediately after the first appointment of members of the Committee after the commencement of each Parliament; or
(ii)within 10 sitting days after the Act receives Royal Assent—
whichever is the later, and to report to the Parliament with respect to that Act or any matter referred to in those paragraphs;".
19.Amendment of section 25—Sittings
(1)In section 25(1) of the Parliamentary Committees Act 2003 for "sub-sections (2) and (3)" substitute "this section".
(2)After section 25(3) of the Parliamentary Committees Act 2003 insert—
"(4)Subject to sub-section (5), a Joint Investigatory Committee may conduct all or any part of a meeting at which one or more members participate by audio link or audio visual link.
(5)A Joint Investigatory Committee may only use an audio link or audio visual link if—
(a)the Joint Investigatory Committee has by a unanimous resolution approved the use of the audio link or audio visual link; and
(b)the Joint Investigatory Committee is satisfied that the quality of the audio link or audio visual link will enable members who are present at a meeting to verify the identity of a member participating by the audio link or audio visual link.".
20.Amendment of section 28—Evidence
(1)After section 28(3) of the Parliamentary Committees Act 2003 insert—
"(3A)A Joint Investigatory Committee may take evidence in any manner that the Joint Investigatory Committee considers appropriate including by means of audio link, audio visual link or any other electronic means.
(3B)A Joint Investigatory Committee must determine what weight or value to give to evidence received by different means in accordance with sub-section (3A).".
(2)After section 28(4) of the Parliamentary Committees Act 2003 insert—
"(4A)An oath to be sworn or affirmation to be made by a witness who is to give evidence by audio link or audio visual link may be administered either—
(a)by means of the audio link or audio visual link, in as nearly as practicable the same way as if the witness were to give evidence at the place at which the Joint Investigatory Committee is sitting; or
(b)at the direction of, and on behalf of, the Joint Investigatory Committee at the place where the witness is located by a person authorised by the Joint Investigatory Committee.".
21.Amendment of section 35—Reports before Parliament
For section 35(1) of the Parliamentary Committees Act 2003 substitute—
"(1)After a report of a Joint Investigatory Committee is adopted by the Committee, the chairperson of the Committee must—
(a)cause the report to be laid before each House of the Parliament within 10 sitting days; or
(b)if the Parliament is not sitting within 21 days of the adoption of the report and the Committee unanimously so resolves, give the report to the clerk of each House.".
22.Amendment of section 36—Government responses
(1)For section 36(1) of the Parliamentary Committees Act 2003 substitute—
"(1)If a Joint Investigatory Committee's report to the Parliament recommends that the Government take a particular action with respect to a matter, within 6 months of the report being laid before both Houses of the Parliament or being received by the clerks of both Houses of the Parliament, the appropriate responsible Minister must provide the Parliament with a response to the Committee's recommendations.
(1A)If a House of the Parliament is not sitting within the period specified in sub-section (1), the appropriate responsible Minister must give a response to the report to the clerk of each House.".
(2)In sections 36(2) and 36(3) of the Parliamentary Committees Act 2003 for "sub-section (1)(b)" substitute "sub-section (1A)".
23.Consequential amendment of Constitution Act 1975
(1)In section 19A(3) of the Constitution Act 1975 after "such committee" insert "including by means of audio link or audio visual link in accordance with section 28(4A) of the Parliamentary Committees Act 2003".
(2)In section 19A(5)(c) of the Constitution Act 1975 after "that Act" insert "or if section 28(4A)(b) of that Act applies, a person authorised by the Joint Investigatory Committee for the purposes of that section".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 31 May 2006
Legislative Council: 18 July 2006
The long title for the Bill for this Act was "to amend the Electoral Act 2002, the Constitution (Parliamentary Reform) Act 2003 and the Parliamentary Committees Act 2003, to consequentially amend the Constitution Act 1975 and the Magistrates' Court Act 1989 and for other purposes."
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