Untitled document

The Constitution Act Amendment (Amendment)

Act 1999

Act No. 24/1999

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2

PART 2—AMENDMENTS TO THE PRINCIPAL ACT 3

4.	Amendment to section 3	3
5.	Repeal of sections 21 and 22	4
6.	Repeal of Parts III, IIIA and IV and new Part III inserted	4
PART III—ENROLMENT FOR ASSEMBLY AND
COUNCIL	5
Division 1—Entitlement to enrolment	5

50.          Entitlement to enrolment of electors for Assembly and

Council 5
51.	Eligible overseas electors 6
52.	Itinerant electors 10
53.	Entitlement of provisional electors 11
54.	Savings provision 12

Division 2—The Electoral Registrar 12

55.	Electoral registrar	12
56.	Powers of delegation	12
57.	Arrangement with Commonwealth	13

Division 3—The Rolls 13

58.	Rolls for districts and provinces	13
59.	Printing of rolls	14
60.	Inspection of rolls	14
61.	Provision of rolls and habitation indexes	14
62.	Addition of names to rolls	17
63.	Provisional enrolment	18

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Section Page

64.	Compulsory enrolment	18
65.	Registration of claim	19
66.	Request for address not to be shown on roll	21
67.	Alteration of rolls	24
68.	Information to be supplied to electoral registrar	25
69.	Rolls in electronic format	27
70.	Objections by whom and how made	27
71.	Notice of objection	28
72.	Answer to objection	29
73.	Determination of objection	29
74.	Appeal to Magistrates' Court	29
75.	Power of Magistrates' Court to hear and determine
appeals	30
76.	Rolls for purposes of elections	31
77.	Signature to electoral paper	31
78.	Penalty for untrue statements	32
79.	Penalties relating to the witnessing of electoral papers	32
80.	Witness to be satisfied as to truth of statements	33
81.	Failure to transmit claim	33
82.	Forging or uttering electoral papers	33
83.	Electoral matter to be sent by post or by facsimile	34
84.	Limitation of time for recovery of penalties	34
85.	Correction of errors	34
86.	Regulations	35

7.        Amendment of Electoral Commissioner's functions, powers and

duties 35

8.

Declaration by returning officers and postal voting officers 36

9.

Amendment to section 148 36

10.

Repeal of section 148K(2)(b)(iii) 36

11.

De-registration of non-Parliamentary party 37

12.

Amendment to section 155A 37

13.

Repeal of section 156 37

14.

Nomination of candidates 37

15.

New Division 7 substituted	39
Division 7—Duties of Returning Officer and Electoral Commissioner where Number of Candidates Exceeds Number of Members to be Elected	39

163. Poll to be taken 39

16.

New section 165A substituted 40

165A. Determination of order on ballot-papers 40

17.

Amendment to section 166 40

18.

Amendment to section 171 40

19.

Amendment to section 172A 41

20.

Amendment to questions put to voters 41

21.

Amendment to section 185A 41

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Section Page

22.	Amendment to section 186	41
23.	Amendment to sections 187, 230 and 234	41
24.	Amendment to section 191	42
25.	Amendment to section 193	42
26.	Full preferential voting	42
27.	Amendment to section 207	42
28.	Amendment to section 208	42
29.	Amendment to section 208A	42
30.	New section 210 substituted	43

210. Declaration of election 43

31.	Antarctic voting	44
32.	Amendment to section 220	44
33.	Amendment to section 221	45
34.	Repeal of section 267G	47
35.	Publicising exit poll results	47
267GA. Prohibition of publicly disseminating exit poll results during the hours of polling	47
36.	New section 270 substituted	48

270. Electoral Commissioner to prepare list of non-voters 48

37.	Addresses to which non-voters' notices should be sent	48
38.	Amendment to section 271B	48
39.	Amendment to section 272	49
40.	Amendment to section 273	49
41.	Amendment to section 306A	49
42.	Repeal of section 308	49
43.	Form of ballot paper	49

PART 3—AMENDMENTS TO OTHER ACTS 50

44.	Constitution Act 1975	50
45.	Senate Elections Act 1958	50
46.	Electoral Boundaries Commission Act 1982	50
47.	Geographic Place Names Act 1998	50
48.	Liquor Control Reform Act 1998	51
49.	Local Government Act 1989	51
50.	Juries Act 1967	51

═══════════════

NOTES 52

iii

Victoria

No. 24 of 1999

The Constitution Act Amendment

(Amendment) Act 1999†

[Assented to 25 May 1999]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a)	to make various amendments to The Constitution Act Amendment Act 1958;
(b)	to make minor amendments to the Constitution Act 1975 and the Senate Elections Act 1958;

The Constitution Act Amendment (Amendment) Act 1999

Act No. 24/1999 s. 2

(c) to make various amendments of a statute law revision nature.

2. Commencement

This Act comes into operation on 8 June 1999.

3. Principal Act

In this Act, The Constitution Act Amendment	No. 6224. Reprint No. 7
Act 1958 is called the Principal Act.	as at 22 October
1998.

_______________
The Constitution Act Amendment (Amendment) Act 1999

s. 4 Act No. 24/1999

PART 2—AMENDMENTS TO THE PRINCIPAL ACT

4. Amendment to section 3

(1) In section 3(1) of the Principal Act—

(a)	in the definition of "declaration vote" paragraph (c) is repealed;
(b)	claim and any prescribed form;

after the definition of "electoral matter" ' "electoral paper" includes any electoral

"electoral registrar" means the electoral registrar for each district and each province;';

(c)	in the definition of "eligible overseas elector" for "103(5) or (6)" substitute "51";
(d)

after the definition of "eligible overseas ' "exit poll" means the canvassing of

electors at large as to how they have
voted at an election for the purpose of
obtaining and publicly disseminating
information about voting trends at the

election;';

(e)	in the definition of "itinerant elector" for "103(7)" substitute "52";
(f)	the duties of any office under this Act;

after the definition of "itinerant elector" ' "officer" includes any person discharging

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Act No. 24/1999 s. 5

"Order in Council" means an Order of the

Governor in Council published in the
Government Gazette;';

(g) in the definition of "provisional enrolment" for "117A" substitute "63";

(h) omit the definition of "registrar";

(i)  before the definition of "Schedule" insert— ' "regulations" means regulations under this

Act;

"roll" means roll of electors for the Council

or Assembly;';

(j) omit the definition of "subdivision".

(2) After section 3(4) of the Principal Act insert— '(5) In this Act, "address", "address of

residence", "residence" or "resides" or any
similar expression is to be construed as
referring to "place of living" or "lives" or
any similar expression occurring in any rolls,
forms or regulations relating to the
preparation, alteration and revision of such

rolls.'.

5. Repeal of sections 21 and 22

Sections 21 and 22 of the Principal Act are repealed.

6.  Repeal of Parts III, IIIA and IV and new Part III inserted

For Parts III, IIIA and IV of the Principal Act substitute—

The Constitution Act Amendment (Amendment) Act 1999

s. 6 Act No. 24/1999

'PART III—ENROLMENT FOR ASSEMBLY

AND COUNCIL

Division 1—Entitlement to enrolment

50.  Entitlement to enrolment of electors for Assembly and Council

(1) A person who is qualified to enrol as an

elector for the Assembly and Council and has resided at an address in a district for at least one month immediately preceding the date of the person's claim for enrolment as an
elector is entitled in respect of residence at

that address in that district—

(a)	to enrol as an elector for the Assembly and Council on the roll for that district and corresponding province; and
(b)	continues to reside at that address in

when enrolled and so long as the person district or the corresponding province.

(2) An elector who has changed residence to another address within the same district is not deemed by reason only of the change of

residence to be dispossessed of the
qualification in respect of which the elector
is enrolled.

(3) A woman is not by reason only that her surname has been changed by marriage disqualified from voting under the name appearing on the roll.

(4) A person who is serving a sentence of

imprisonment or detention imposed by a court upon a conviction for an offence is deemed to reside at the address at which he

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Act No. 24/1999 s. 6

or she resided at the time of his or her

conviction.

51. Eligible overseas electors

(1) An elector—

(a)	whose name appears on the roll for a district; and
(b)	who intends to cease to reside in Australia and then, not later than 6 years after the day on which the elector so ceases, to resume residing in

Australia at the address in respect of which the elector is enrolled or elsewhere; and

(c) roll maintained under the
Commonwealth Electoral Act 1918 for

whose name appears on the electoral roll is annotated to indicate that the elector is an eligible overseas elector under section 94 of the Commonwealth Electoral Act 1918—

is entitled, whilst the elector's name
continues to be included and annotated on
the Commonwealth roll referred to in

paragraph (c) to—

(d)	have the elector's name retained on the roll for the district and province corresponding with the Commonwealth subdivision referred to in paragraph (c) with an annotation to indicate that the elector is an eligible overseas elector; and
(e)	vote as an elector for that district and corresponding province.

(2) A person—

The Constitution Act Amendment (Amendment) Act 1999

s. 6 Act No. 24/1999

(a)	who is the spouse or child of an elector who is an eligible overseas elector by virtue of sub-section (1) in relation to a district; and
(b)	who is living at a place outside Australia so as to be with or near the eligible overseas elector; and
(c)	who had not attained the age of 18 years when the person last ceased to reside in Australia; and
(d)	whose name is not, and has not been, on a roll of electors for the Assembly and Council; and
(e)	who is not entitled to be enrolled under section 50(1) but would be so entitled if the person resided in a district; and
(f)	who intends to resume residing in Australia not later than 6 years after the day on which the person attained 18 years of age; and
(g)	whose name has been added to an electoral roll maintained under the Commonwealth Electoral Act 1918 for
a Commonwealth subdivision and that roll is annotated to indicate that the elector is an eligible overseas elector under section 95 of the Commonwealth Electoral Act 1918—

is to be enrolled for the district and province
corresponding with the Commonwealth
subdivision referred to in paragraph (g) for
which the eligible overseas elector is
enrolled with an annotation to indicate that
the person is an eligible overseas elector.

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Act No. 24/1999 s. 6

(3) Whilst the person's name continues to be

included and annotated on the
Commonwealth roll referred to in sub-
section (2)(g), the person is entitled to—

(a)	have the person's name retained on the roll for the district and corresponding province; and
(b)	vote as an elector for that district and corresponding province.

(4) A person may apply to the electoral registrar for enrolment as an elector for the Assembly and Council for a district and corresponding province if, at the time of making the

application—

(a) the person has ceased to reside in Australia for reasons relating to the person's career or employment or for reasons relating to the career or employment of the person's spouse; and

(b) the person is not enrolled; and

(c)	the person is not qualified for enrolment, but would be so qualified if he or she resided at an address in a district and had done so for at least a month; and
(d)	the person intends to resume residing in Australia not later than 6 years after he or she ceased to reside in Australia.

(5) The application must be—

(a) in writing; and

(b) made within 2 years of the day on which the person ceased to reside in Australia.

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s. 6 Act No. 24/1999

(6) If the electoral registrar grants the

application, the electoral registrar must cause

the person's name to be added to the roll—

(a)	for the district and corresponding province for which the person last had an entitlement to be enrolled; or
(b)	if the person has never had such an entitlement, for a district and corresponding province for which any of the person's next of kin is enrolled; or
(c)	if neither paragraph (a) nor (b) applies, for the district and corresponding province in which the person was born; or
(d)	if none of paragraphs (a), (b) and (c) applies, the district and corresponding province with which the person has closest connection.

(7) If—

(a)	the application was received by the electoral registrar after 6 p.m. on the day of the close of the rolls of an election to be held in a district or province; and
(b)	the application relates to that district and corresponding province—

the person's name must not be added to the
roll for the district and corresponding
province until after the close of the poll for
that election.

(8) The electoral registrar must notify the person in writing—

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Act No. 24/1999 s. 6

(a)	of a decision to grant or refuse the application; or
(b)

of the electoral registrar's opinion that with because of sub-section (7).

(9) If the application is granted, the elector is

entitled to vote at an election for the district
or corresponding province for which the
elector is enrolled under sub-section (6)
while the elector continues to be so enrolled.

(10) In this section—

"child" includes an ex-nuptial child;

"spouse", in relation to a person (in this

interpretation referred to as the relevant
person) includes a person who,
although not legally married to the
relevant person, lives with the relevant
person as the spouse of the relevant
person on a permanent and bona fide

domestic basis.

52. Itinerant electors

(1) A person—

(a)	who is in Australia but does not reside in any district; and
(b)	who is not entitled to have the person's name placed or retained on the roll for any district by reason only that the
person does not reside at any address in any district; and
(c)	whose name has been added to an electoral roll maintained under the Commonwealth Electoral Act 1918 for
the Commonwealth subdivision with which the person has established a

The Constitution Act Amendment (Amendment) Act 1999

s. 6	Act No. 24/1999
connection under section 96 of that Act and the roll maintained under that Act is annotated to indicate that the elector is an itinerant elector under section 96 of that Act—

is entitled to have the person's name added to
the roll for the district and province
corresponding with the Commonwealth
subdivision referred to in paragraph (c) with
which the person has the connection with an
annotation to indicate that the elector is an
itinerant elector.

(2) Whilst the person's name continues to be

included and annotated on the
Commonwealth roll referred to in sub-
section (1)(c), the person is entitled to—

(a)	have the person's name retained on the roll for that district and corresponding province; and
(b)	vote as an elector for that district and province.

53. Entitlement of provisional electors

(1) An elector—

(a)	whose name has been placed on the roll in pursuance of a claim under section 63; and
(b)	who has not attained 18 years of age on the date fixed for the polling in an election—

is not entitled to vote at that election.

(2) Notwithstanding section 63 or any enrolment

made in pursuance of a claim made under
that section, for the purposes of an election
under this Act, a person who has not attained

The Constitution Act Amendment (Amendment) Act 1999

Act No. 24/1999 s. 6

18 years of age on the date fixed for polling

in that election is not to be—

(a) entitled to be enrolled on a roll; or

(b) enrolled on a roll.

54.

Savings provision an elector in respect of residence in a subdivision under section 103 of the Act as in force immediately before the commencement of section 6 of The Constitution Act Amendment (Amendment) Act 1999, continues to be entitled to be enrolled in respect of the relevant district and corresponding province.

Division 2—The Electoral Registrar

55.

Electoral registrar registrar for each district and province.

56.

Powers of delegation delegate any of the electoral registrar's functions or powers under this Act, other than this power of delegation, to—

(a) any returning officer;

(b)	any person or class of person employed under Part 3 of the Public Sector Management and Employment Act 1998 in the administration of this Act;
(c)	any holder of an office in the public service of the Commonwealth only after and in accordance with an

The Constitution Act Amendment (Amendment) Act 1999

s. 6	Act No. 24/1999
agreement between the Governor in Council and the Governor-General.

57. Arrangement with Commonwealth

(1) The Governor in Council may arrange with

the Governor-General of the Commonwealth

for—

(a) a joint enrolment process; and

(b)

the exchange of information necessary revision of the rolls—

under this Act and the Commonwealth
Electoral Act 1918.

(2) Any arrangement made and in force under

section 105 of the Act before the
commencement of section 6 of The
Constitution Act Amendment
(Amendment) Act 1999, continues to have
effect until a new arrangement is made under
this section.

Division 3—The Rolls 58. Rolls for districts and provinces (1) There shall be a roll for each district and

each province.

(2) The rolls—

(a)	subject to sub-section (3) and section 66, must set out the name and address of residence of each elector; and
(b)	must contain such further particulars as are prescribed; and

(c) must be arranged in alphabetical order.

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Act No. 24/1999 s. 6

(3) If the elector is an eligible overseas elector or an itinerant elector, the roll must not set out the address of the residence of the

elector.

59.

Printing of rolls Electoral Commissioner so directs.

60.

Inspection of rolls that copies of the latest print of the roll for any district or province are—

(a)	open for public inspection without fee at the office of the Electoral Commissioner during office hours and at such other places as are prescribed; and
(b)	Electoral Commissioner obtainable at

on payment of the price fixed by the Commissioner appoints.

61. Provision of rolls and habitation indexes

(1) The Electoral Commissioner must cause to

be provided, without charge, within 2 years
of the polling day of the last simultaneous

election—

(a)	to each registered political party—a set of up-to-date rolls for Victoria; and
(b)	to each member of the Assembly—one up-to-date roll and particulars of dates of birth and salutations of electors on
that roll for the district for which the member was elected; and
(c)	to each member of the Council—one up-to-date roll and particulars of dates

The Constitution Act Amendment (Amendment) Act 1999

s. 6	Act No. 24/1999
of birth and salutations of electors on that roll for the province for which the member was elected; and

(d)	in the case of a member of the Council continuing to represent an old province after the preparation of new rolls for
under the Electoral Boundaries

new provinces following a redivision one up-to-date roll and particulars of dates of birth and salutations of electors on that roll for the old province for which the member was elected or one up-to-date roll and particulars of dates of birth and salutations of electors on that roll for the new province which, in the opinion of the Electoral Commissioner, most resembles the old province which the member represents or both; and

(e) any) as the Electoral Commissioner
determines to be appropriate—such up-

to any other persons or organizations (if Commissioner considers appropriate.

(2) When providing rolls under sub-sections (1) and (7) or additions and deletions under sub- section (6) the Electoral Commissioner may provide the rolls or additions and deletions in

a printed form or, if so requested, in an
electronic form or both a printed form and an
electronic form.

(3) The Electoral Commissioner must not

provide particulars of dates of birth and
salutations of persons whose addresses are
not shown on the roll by virtue of section 66.

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Act No. 24/1999 s. 6

(4) The Electoral Commissioner must, so far as

provided to each registered political party,
without charge, during each Assembly, a
habitation index for each district, being a list
of electors for that district arranged, in a
manner determined by the Electoral

it is practicable to do so, cause to be addresses of residence of the electors whose names are entered on the roll for that district.

(5) The Electoral Commissioner must not

include on a habitation index for a district provided under sub-section (4) the names and addresses of persons whose addresses are not shown on the roll for that district by

virtue of section 66.

(6) The Electoral Commissioner must, so far as

provided to those members of the Assembly
and Council who so request, at least 6 times
each year, additions and deletions to the roll
and particulars of dates of birth and
salutations for electors on that roll for each
member's respective electorate, but the

it is practicable to do so, cause to be any additions and in any particulars the names, addresses, dates of birth and salutations of persons whose addresses are not shown on the roll by virtue of section 66.

(7) The Electoral Commissioner must cause to

party, without charge, as soon as practicable
after a redivision under the Electoral

be provided, to each registered political up-to-date rolls for Victoria as is required to be prepared by section 17 of that Act.

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s. 6 Act No. 24/1999

(8) The Electoral Commissioner must, upon the

request of any candidate for election for a district or province, cause to be provided without charge to the candidate a copy of the
roll for that district or province in a printed
form or, if so requested, in an electronic
form or both a printed form and an electronic

form.

62. Addition of names to rolls

(1) Names may be added to rolls pursuant to

claims for enrolment or transfer of enrolment

or claims for provisional enrolment.

(2) A claim must—

(a) be in the prescribed form; and

(b)	subject to sub-section (3), be signed by the claimant; and
(c)	be attested by an elector or person entitled to have the person's name placed on a roll, who must sign the
claim as witness in the witness's own handwriting.

(3) If a person wishes to make a claim for

enrolment, for transfer of enrolment or for
provisional enrolment and a registered
medical practitioner has certified, in writing,
that the person is so physically incapacitated
that the person cannot sign the claim, another
person may, on behalf of the person, fill out
and sign the claim in accordance with the
directions of the first-mentioned person.

(4) A claim must be completed in accordance
with the directions prescribed in the form.
(5) A certificate referred to in sub-section (3)

must be lodged with the claim to which it

relates.

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Act No. 24/1999 s. 6

63. Provisional enrolment
(1) A person who has attained 17 years of age

and who, if the person had attained 18 years of age, would be entitled to have the person's name placed on a roll for a district and

corresponding province may send or deliver to the electoral registrar a claim to have the person's name placed on the roll for that
district and corresponding province.

(2) A claim made under sub-section (1) must be

treated as a claim for enrolment for the
district and corresponding province to which
the claim relates and sections 65 and 66
apply in relation to the claim as if the person
making the claim had attained 18 years of
age and the claim were made under section
64.

64. Compulsory enrolment
(1) A person who is entitled to have his or her

name placed on the roll for any district and corresponding province otherwise than by virtue of section 51, 52 or 63 (whether by way of enrolment or transfer of enrolment)

and whose name is not on the roll must forthwith fill in and sign a claim in the prescribed form, and send or deliver the
claim to the electoral registrar.

(2) A person who is entitled to have his or her name placed on the roll for any district and corresponding province otherwise than by virtue of section 51, 52 or 63 (whether by way of enrolment or transfer of enrolment)

and whose name is not on the roll upon the
expiration of 21 days from the date upon
which the person became so entitled or at

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s. 6 Act No. 24/1999

any subsequent date while the person
continues to be so entitled is guilty of an
offence unless the person proves that his or
her non-enrolment is not in consequence of
his or her failure to send or deliver to the
electoral registrar a claim in the prescribed
form duly filled in and signed in accordance
with the directions printed thereon.

(3) If a person (including a person whose

address in pursuance of a request under
section 66 is not entered on a roll) changes
residence from one address in a district and
corresponding province for which the person
is enrolled to another address in that district
and corresponding province, the person
must, within 21 days after the date of making
the change, give notice in writing of the new
address to the electoral registrar.

(4) A person who is guilty of an offence against sub-section (1) or (2) is liable to a penalty of not more than $50.

(5) If a person sends or delivers a claim for

enrolment, or for transfer of enrolment, to
the electoral registrar, proceedings must not
be instituted against that person for any
offence against sub-section (1) or (2)
committed before the sending or delivery of
that claim.

65. Registration of claim

(1) Subject to sub-section (3), if, under section

64 the electoral registrar receives a claim for
enrolment or transfer of enrolment for a
district and corresponding province, the

electoral registrar must—

(a) note on the claim the date of its receipt by the electoral registrar; and

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Act No. 24/1999 s. 6

(b) if the claim is in order and the electoral registrar is satisfied that the claimant is entitled to be enrolled for the district

and corresponding province—

(i)  enter on the roll for the district and corresponding province the name of the claimant and

particulars relating to the
claimant; and

(ii)  notify the claimant in writing of the claimant's enrolment for that district and corresponding

province; and

(iii)  in the case of a claim for transfer of an enrolment from the roll for another district and corresponding

province, delete the name of and
particulars relating to, the
claimant from the roll for the last-
mentioned district and province;
and

(iv)  in the case where the name of the claimant is entered on the roll for the district and corresponding

province for which the claimant is
entitled to be enrolled, notify the
claimant in writing that, in the
electoral registrar's opinion, the
claimant's existing enrolment is
correct; and

(c) if the claim is not in order or the electoral registrar is not satisfied that the claimant is entitled to be enrolled in a district and corresponding province, notify the claimant in writing that the claim has been rejected.

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s. 6 Act No. 24/1999

(2) Notice of a decision given to a claimant by

the electoral registrar under sub-section
(1)(c) must include—

(a)	a statement of the reasons for the decision; and
(b)	a statement advising the claimant that the claimant is entitled at any time within one month after the receipt of the notice to appeal to the Magistrates' Court for an order directing that the claimant's name be added to the roll.

(3) A claim under section 64 by a person to have

the person's name placed on the roll for a
district and corresponding province received
during the period commencing at 6 p.m. of
the day on which the rolls for an election to
be held in the district or province close and
ending on the close of polling at the election
must not be considered until after the
expiration of that period.

(4) A name may, at any time, be removed from a

roll pursuant to a notice of transfer of
enrolment.

66. Request for address not to be shown on roll (1) If a person considers that having the person's

address shown on the roll for the district and corresponding province for which the person is claiming enrolment would place the
personal safety of the person or of members of the person's family at risk, the person may lodge with the claim for enrolment or
transfer of enrolment a request, in the
prescribed form, that the person's address not
be entered on the roll.

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Act No. 24/1999 s. 6

(2) If—

(a) the address of a person is included in the particulars relating to the person that are entered on the roll for a district

and corresponding province; and

(b) the person considers that having the address so shown places the personal safety of the person or of members of the person's family at risk—

the person may lodge with the electoral
registrar a request, in the prescribed form,
that the person's address be deleted from the
particulars relating to the person that are

entered on that roll.

(3) A request under sub-section (1) or (2)

must—

(a) give particulars of the relevant risk; and

(b) be verified by statutory declaration by the person making the request or some other person.

(4) If—

(a)	a request has been made under sub- section (1) or (2); and
(b)	the electoral registrar is satisfied that having the address of the person making the request shown on the roll for the district and corresponding province would place or places the personal safety of the person or members of the person's family at risk—

the electoral registrar—

(c) in a case where the request was lodged under sub-section (1)—must not

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include the address of the person in the particulars relating to the person that are entered on the roll for the district and corresponding province; and

(d) in a case where the request is lodged under sub-section (2)—must delete the address of the person from the particulars relating to the person that are entered on the roll for the district and corresponding province.

(5) The electoral registrar must notify the person

in writing of a decision to grant or refuse a request made by a person under sub-section (1) or (2).

(6) Notwithstanding anything contained in

section 67, where an address is deleted from
a roll under sub-section (4), the address so
deleted must be obliterated.

(7) The electoral registrar may conduct a review

of the roll for a district and corresponding
province in relation to electors whose
addresses are not shown on the roll by virtue
of this section.

(8) Upon completion of the review, the electoral

registrar must make such alterations to the
roll as the electoral registrar thinks necessary
to ensure that the only electors whose
addresses are not shown on the roll by virtue
of this section are electors the personal
safety of whom or of whose family, the
electoral registrar is satisfied, would be at
risk if their address were shown on the roll.

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Act No. 24/1999 s. 6

67. Alteration of rolls

(1) In addition to other powers of alteration

conferred by this Act, the electoral registrar

may alter any roll by—

(a)

correcting any mistake or omission in enrolment;

(b)

altering the particulars of an elector's resulting from—

(i)  the numbering or re-numbering of a street or locality; or

(ii)  the naming or re-naming of a street or locality; or

(iii) any other like circumstance;

(c)	altering on the written application of an elector the original name or address of the elector on the roll;
(d)	removing the name of any deceased elector;
(e)	reinstating any name removed by mistake as the name of a deceased elector;
(f)	striking out the superfluous entry where the name of the same elector appears more than once on the same roll;
(g)	if the electoral registrar is satisfied that an objection against an enrolment of an elector whose name has been deleted
from the roll as the result of the objection was based on a mistake of fact and that the person objected to still retains and has continuously retained a right to the enrolment in respect of

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which the objection was made— reinstating the name of the elector;

(h)	reinstating any other name removed by mistake or which has been accidentally omitted;
(i)	has become enrolled on the electoral roll for another Australian State or Territory upon receipt of written notification of such enrolment from the

removing the name of any elector who maintenance of that electoral roll.

(2) Any alteration of a roll must be made in such

a manner that the original entry is not
obliterated.

(3) The reason for each alteration of the roll and

the date the alteration is made must be set
against the alteration.

68.  Information to be supplied to electoral registrar

(1) The Registrar of Births, Deaths and

Marriages must within 3 days after the end of each month forward to the electoral registrar a list setting out the name, occupation, age and the last-known place of residence at the date of the death of every person of the age of 17 years or upwards whose death was registered by the Registrar of Births, Deaths and Marriages during the month.

(2) The Registrar of Births, Deaths and

Marriages must within 3 days after the end of each month forward to the electoral registrar a list of changes of names of persons under Part 4 of the Births, Deaths

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and Marriages Registration Act 1996 during the preceding month showing—

(a)	the previous recorded or registered name of that person; and
(b)	the name under which that person is registered in the register of changes of name; and

(c) the address of that person.

(3) The Secretary to the Department of Justice

must as soon as practicable after the
beginning of each month forward to the
electoral registrar a list of the names,
addresses and occupations and sexes of all
persons who during the preceding month
have been convicted in the State and are
under sentence for any offence punishable by
imprisonment for 5 years or longer.

(4) The electoral registrar may, by notice,

require—

(a)	a person employed under Part 3 of the Public Sector Management and Employment Act 1998; or
(b)	a Chief Executive Officer appointed by a Council under section 94 of the Local Government Act 1989; or

(c) a member of the police force; or

(d) an elector or a person qualified to be an elector—

to provide the information requested in the
notice, being information that in the opinion
of the electoral registrar is required in
connection with the preparation,
maintenance or revision of the rolls.

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(5) A person who is requested by notice under sub-section (4) to provide information must provide that information within 21 days of

the date specified in the notice.

(6) The electoral registrar must upon receipt of

information under this section take action under this Part to effect such alterations of the rolls as are necessary.

69.

Rolls in electronic format permitted under this Act or the regulations to—

(a) annotate the roll; or

(b) vary or remove particulars from the roll; or

(c) enter particulars on the roll—

in written form, the electoral registrar may
do so with respect to the roll in an electronic

form.

70. Objections by whom and how made

(1) Any name on a roll may be objected to by—

(a) the electoral registrar; or

(b) an elector.

(2) An objection under sub-section (1)(b) must

be—

(a)	in writing and in the prescribed form; and
(b)	signed by the person making the objection; and

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Act No. 24/1999 s. 6

(c) accompanied by a deposit of $2 paid in cash or by cheque; and

(d) lodged with the electoral registrar.

(3) If the electoral registrar is of the opinion that

an objection under sub-section (1)(b) was
made without a reasonable belief by the
person making the objection that grounds for
the objection existed, the deposit is forfeited
to the Crown and paid into the Consolidated
Fund.

(4) If the electoral registrar has reason to believe

that a name should not be retained on the
roll, he or she must make an objection under
sub-section (1)(a) and must set out the
grounds of that objection.

71. Notice of objection

(1) When an objection is made by or lodged

with the electoral registrar, he or she must
forthwith give notice of the objection to the

person objected to.

(2) Notice under sub-section (1) must be in the

prescribed form and may be given to the person objected to by being posted to—

(a)	in a case where the person objected to has notified, in writing, the electoral registrar of an address to which notices may be sent—the address so notified; or
(b)	in a case where paragraph (a) does not apply to the person objected to and the address of residence of the person
objected to is known to the electoral registrar—the address of residence of the person objected to; or

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(c) in any other case—the address of residence of the person objected to as appearing on the roll.

(3) An objection on the ground that a person

does not reside at the address for which he or
she is enrolled is not a good ground of
objection unless it alleges that the person
objected to does not reside at the address and
has not so resided for at least one month last
past.

72.

Answer to objection writing in the manner specified in the notice of objection answer the objection.

73. Determination of objection

(1) The electoral registrar must determine the

objection—

(a)	forthwith on receipt of the answer of the person objected to; or
(b)	if no answer is received within a period of 20 days after the posting of the notice, then after the expiration of that period.

(2) If it appears to the electoral registrar that the

person objected to is not entitled to be
enrolled at the address in respect of which
the objection has been made, the electoral
registrar must remove the name accordingly.

74. Appeal to Magistrates' Court

(1) Any person—

(a) who has sent or delivered to the electoral registrar a claim for enrolment or transfer of enrolment and who has not been enrolled; or

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(b) whose name has been removed from a roll by the electoral registrar after an objection—

may at any time within one month after the
receipt of the notice of the rejection of the
claim or of notice of the determination of the
objection (as the case may be) make
application to the Magistrates' Court for an
order directing that his or her name be
enrolled or reinstated on the roll (as the case
requires).

(2) If an objection has been determined by the

electoral registrar adversely to the person
objecting, that person (not being an officer)
may apply to the Magistrates' Court for an
order sustaining the objection.

(3) If the application has reference to the

decision of the electoral registrar upon an
objection, the applicant must serve the
objector or the person objected to (as the
case may be) with notice of the application.

(4) A person served under sub-section (3) may

appear or may in writing authorize any
person to appear on his or her behalf to resist
the application.

75.  Power of Magistrates' Court to hear and determine appeals

(1) The Magistrates' Court may hear and

determine any appeal or application under
this Part.

(2) The Magistrates' Court may make such order as it thinks fit as to costs.

(3) Costs under this section may be recovered in

the same manner as costs awarded in any
other proceedings in the Magistrates' Court.

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(4) A registrar of the Magistrates' Court must

send by post to the electoral registrar a
certified copy of the order of the Magistrates'
Court.

(5) The electoral registrar must make such

entries (if any) upon the roll as are necessary to give effect to the order of the Magistrates' Court.

76.

Rolls for purposes of elections possible after the close of the rolls and before the day of nomination for any election, must certify and deliver the roll for the district or province to the returning officer for that district or province.

77. Signature to electoral paper
(1) An electoral paper which by this Part or the

regulations is required to be signed by any person must be signed by that person with his or her personal signature.

(2) If a person who is unable to sign the person's name in writing makes his or her mark as his or her personal signature to an electoral

paper, the mark is deemed to be his or her
personal signature if it is identifiable as such
and is made in the presence of a witness who
signs the electoral paper as such witness.

(3) Nothing in this section authorizes any person

to sign any electoral paper by a mark or
otherwise than in the person's own
handwriting in any case where this Act or the
regulations require him or her to sign the
electoral paper in his or her own
handwriting.

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(4) A person must not make the signature of any other person on an electoral paper.

(5) A person who is guilty of any contravention

of this section is liable to a penalty of not
more than $1000.

(6) Nothing in this section affects the liability of

any person to be proceeded against for
forgery, but so that he or she is not liable to
be punished more than once in respect of the
same offence.

78. Penalty for untrue statements

(1) A person who knowingly makes any untrue

statement in any electoral paper or in any
information given to any officer for the
purposes of the preparation, maintenance or
revision of rolls is liable to a penalty of not
more than $1000.

(2) Nothing in this section affects the liability of

any person to be proceeded against for any
other offence, whether against this Act or
otherwise, but so that he or she is not liable
to be punished more than once in respect of
the same offence.

79.  Penalties relating to the witnessing of electoral papers

A person who—

(a)	signs his or her name as witness on any blank electoral paper; or
(b)	signs his or her name as witness on any electoral paper which has been wholly or partly filled up unless it has been
signed by the person intended to sign it; or

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s. 6 Act No. 24/1999

(c)	signs his or her name as witness on any electoral paper unless he or she has seen the person whose signature he or she purports to witness sign it; or
(d)	writes on any electoral paper as his or her own name the name of another person or any name not being his or her own name—

is liable to a penalty of not more than $1000.

80.  Witness to be satisfied as to truth of statements

A person who witnesses any claim for enrolment or transfer of enrolment who does not before he or she affixes his or her signature thereto satisfy himself or herself (by inquiry from the claimant or otherwise) that the statements contained in the claim are true is liable to a penalty of not more than $1000.

81.

Failure to transmit claim for enrolment or transfer of enrolment for transmission on behalf of any other person to the electoral registrar and does not transmit the claim forthwith to the electoral registrar is liable to a penalty of not more than $1000.

82.  Forging or uttering electoral papers A person who—

(a) forges any electoral paper; or

(b) utters any forged electoral paper knowing the same to be forged—

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is guilty of an indictable offence and liable to
a penalty of $1000 or to imprisonment for a
term of not more than 2 years.

83.  Electoral matter to be sent by post or by facsimile

(1) All electoral papers provided for by this Part

or the regulations may be sent through the post or transmitted by facsimile machine.

(2) If a person transmits by facsimile machine an

electoral paper required by this Part or the regulations, the signature of the person on the electoral paper so transmitted is deemed

to be the personal signature of that person.

84. A person is not liable to any penalty,
forfeiture or punishment imposed by this

Limitation of time for recovery of penalties for the offence is commenced against the person within 12 months next after the offence has been committed.

85. Correction of errors

(1) If any accidental or unavoidable impediment,

misfeasance or omission has happened in the
preparation or transmission or printing of
any roll under this Part, the Governor in

Council may by Order—

(a) necessary for removing such

take all such measures as may be misfeasance or omission; or

(b)

declare any such roll valid as to and misfeasance or omission.

(2) The Order in Council must—
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s. 7 Act No. 24/1999

(a)

state specifically the nature of the and

(b)	be forthwith published in the Government Gazette.
86.	Regulations The Governor in Council on the recommendation of the Electoral Commissioner may make regulations—
(a)	prescribing any forms required to be prescribed under this Part;
(b)	prescribing any matters by this Part required or authorized to be prescribed; and
(c)	generally for carrying this Part into effect.'.

7.  Amendment of Electoral Commissioner's functions, powers and duties

After section 144D(1)(e) of the Principal Act
insert—

"(f) the power to conduct an election under the

Local Government Act 1989 if appointed to
do so by a Council under clause 1(2)(c) of

Schedule 2 of that Act;

(g) the power to—

(i)

promote public awareness of electoral interest by means of the conduct of education and information programs; and

(ii)  conduct and promote research into electoral matters that are in the general public interest;

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s. 8
s. 10

Act No. 24/1999

(h) the duty to undertake an activity referred to in paragraph (g) upon receiving a reference from the Minister to do so.".

8.  Declaration by returning officers and postal voting officers

(1) In section 147 of the Principal Act for "a

magistrate" substitute "a person who may witness
the signing of a statutory declaration under any
law of the Commonwealth or any State or

Territory".

(2) In section 147C of the Principal Act for "a

magistrate or notary public" substitute "a person
who may witness the signing of a statutory
declaration under any law of the Commonwealth

or any State or Territory".

9. Amendment to section 148

(1) For section 148(1) of the Principal Act

substitute—

"(1) The Electoral Commissioner may, by notice

published in the Government Gazette—

(a) places for each district and province as

appoint, by name, as many polling necessary; and

(b) declare polling places appointed under paragraph (a) in respect of a district or province to be polling places for

another district or province.".

(2) In section 148(3) of the Principal Act—

(a) omit "the subdivision of";

(b) for "in the subdivision" substitute "in the province or district".

10. Repeal of section 148K(2)(b)(iii)

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s. 14 Act No. 24/1999

Section 148K(2)(b)(iii) of the Principal Act is repealed.

11. De-registration of non-Parliamentary party

In section 148P(1)(b) of the Principal Act for "the period of 5 years since the polling day of the last election for which the political party endorsed at least one candidate" substitute "the last 5 years".

12. Amendment to section 155A

After section 155A(1)(d) of the Principal Act insert—

"; and

(e) advertise in not less than 2 newspapers circulating generally in Victoria the day of nomination and the day of polling respectively mentioned in the writ and also the place for the province or district or each province or each district to be appointed by the returning officer or each returning officer (as the case requires) for receiving nomination papers and payments.".

13. Repeal of section 156

Section 156 of the Principal Act is repealed.

14. Nomination of candidates

(1) For section 159(1) of the Principal Act

substitute—

"(1) A person may become a candidate at any

election for the Council or the Assembly by
nomination in the following manner—

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Act No. 24/1999

(a)	subject to paragraph (b), after the issue of the writ and before noon on the day of nomination there must be delivered to the returning officer a nomination
form in the appropriate prescribed form which—

(i)

specifies the name, address of candidate; and

(ii) persons entitled to vote at the
election for which the candidate is
nominated or by the registered
officer of the registered political

is signed by not less than 6 been endorsed for that election;

(b) if the candidate is nominated by the registered officer of a registered political party, the nominated form referred to in paragraph (a) must be delivered to—

(i)  the returning officer after the issue of the writ and before noon on the day of nomination; or

(ii)  the Electoral Commissioner after the issue of the writ and before noon of the day before the day of nomination;

(c) there must be delivered with the nomination form the sum of $350 in respect of a candidate for election to the Assembly or the sum of $700 in respect of a candidate for election to the Council, paid—

(i) in cash; or
The Constitution Act Amendment (Amendment) Act 1999

s. 15 Act No. 24/1999

(ii) by bank cheque; or

(iii)  by a cheque drawn by a non-bank financial institution on itself.".

(2) For section 159(3) of the Principal Act

substitute—

"(3) A person shall not consent to being

nominated as a candidate for an election to

be held on the same day for—

(a) the Council and the Assembly;

(b)	the Council in respect of more than one province;
(c)	the Assembly in respect of more than one district.".

15. New Division 7 substituted

In Part V of the Principal Act for Division 7 substitute—

"Division 7—Duties of Returning Officer and

Electoral Commissioner where Number of

Candidates Exceeds Number of Members to be

Elected

163. Poll to be taken

(1) If the number of persons who have become

candidates at any election exceeds the
number of members to be elected, then for
deciding between such candidates a poll
shall take place on the day named in the writ
for that purpose and at the several polling
places for the province or district.

(2) The returning officer must immediately after

noon on the day and at the place named for
the delivery of the nomination papers
publicly announce that a poll will be so taken

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s. 18

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and the names of the persons who have

become candidates.

(3) The returning officer must advise the

Electoral Commissioner of the names of the persons who have become candidates.

(4) The Electoral Commissioner must publish in

not less than 2 newspapers circulating generally in Victoria the names of the candidates for the province or district as the

case may be.".

16. New section 165A substituted

For section 165A of the Principal Act substitute—

"165A. Determination of order on ballot-papers

To determine the order of names of candidates on ballot-papers to be used in an election, the returning officer must, in a manner determined by the Electoral Commissioner, draw the names of the candidates by lot, either manually or by computer.".

17. Amendment to section 166

In sections 166(4) and 166(5) of the Principal Act
for "Liquor Control Act 1987" substitute

"Liquor Control Reform Act 1998".

18. Amendment to section 171

In section 171 of the Principal Act for "electoral registrar, or any person authorised to witness declarations under the Evidence Act 1958" substitute "the electoral registrar or a person who may witness the signing of a statutory declaration under any law of the Commonwealth or any State or Territory".

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s. 23 Act No. 24/1999

19. Amendment to section 172A

In section 172A of the Principal Act for "117A" substitute "63".

20. Amendment to questions put to voters

In sections 179(1)(b) and 187(1)(b) of the

Principal Act, for "reside" substitute "live".

21. Amendment to section 185A

In section 185A of the Principal Act for "121A" substitute "66".

22. Amendment to section 186

(1) In section 186(5) of the Principal Act for

"registrar for the subdivision of the province or
district for which the voter claims that he is

entitled to vote" substitute "electoral registrar".

(2) In section 186(6) of the Principal Act—

(a)	for "registrar" (where twice occurring) substitute "electoral registrar";
(b)	omit "the subdivision of" (where twice occurring);
(c)	for "Division 6 of Part III or Division 5 of Part IV" substitute "Part III";
(d)	omit "report the matter to the chief electoral officer who shall".

(3) In section 186(7) of the Principal Act—

(a) for "an electoral registrar" substitute "the electoral registrar";

(b) omit "the subdivision of".

23. Amendment to sections 187, 230 and 234

In sections 187(5)(c), 230(3) and 234(1) of the substitute "9 days".

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Act No. 24/1999 s. 28

24. Amendment to section 191

After section 191(3) of the Principal Act insert— "(4) Notwithstanding anything in this Part if any

voter satisfies the returning officer or deputy that the voter is blind or that the voter's sight is so impaired or that the voter is otherwise

so physically incapable that the voter is polling place, in close proximity to the polling place.".

unable to enter the polling place, the
returning officer or deputy may allow, in a
manner determined by the Electoral

25. Amendment to section 193

After section 193(1)(e) of the Principal Act insert—

"; or

(f) Conducting an exit poll.".

26. Full preferential voting

Sections 205(3), 205(4) and 205(5) of the

Principal Act are repealed.

27. Amendment to section 207

In section 207(b)(v) of the Principal Act omit "the name of the subdivision".

28. Amendment to section 208

(1) In section 208(1)(b)(v) of the Principal Act omit "the name of the subdivision".

(2) Section 208(1)(ga) of the Principal Act is

repealed.

29. Amendment to section 208A

(1) In section 208A(1) of the Principal Act for "Subject to sub-section (2), for" substitute "For".

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Act No. 24/1999

(2) Section 208A(2) of the Principal Act is repealed.

30. New section 210 substituted

For section 210 of the Principal Act substitute—

"210. Declaration of election

(1) As soon as possible after the date of the

polling at any election the returning officer
must—

(a)	publicly declare the result of the election and announce the name of the candidate elected and place a notice of the declaration signed by the returning officer in some conspicuous position at the principal polling place or at the office of the returning officer; or
(b)	Commissioner are satisfied that any votes which have not yet been received by the returning officer cannot possibly affect the result of the election, publicly

if the returning officer and the Electoral announce the name of the candidate elected being the candidate who is certain to receive the greatest number of votes and place a notice of the declaration signed by the returning officer in some conspicuous position at the principal polling place or at the office of the returning officer.

(2) The returning officer must as soon as

possible after declaring the result of the
election under sub-section (1)(a) or (1)(b)
advise the Electoral Commissioner of the
result of the election and the name of the
candidate elected.

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s. 32

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(3) The Electoral Commissioner must publish in

not less than 2 newspapers circulating generally in Victoria the result of the election—

(a)	by giving the name or names of the candidate or candidates elected; or
(b)

if the returning officer and the Electoral votes which have not yet been received by the returning officer cannot possibly affect the result of the election, by declaring the name or names of the candidate or candidates who is or are certain to receive the greatest number of votes to be duly elected.

(4) The number of first preference votes given

for each candidate and (if the case so requires) the details of distribution of preference votes shall be obtainable without
fee from the office of the Electoral

Commissioner during office hours.".

31. Antarctic voting

(1) In section 218B(2) of the Principal Act for

"Governor in Council" substitute "Electoral
Commissioner".

(2) In section 218D(1) of the Principal Act omit "for
the subdivision for which the elector is enrolled".
(3) In sections 218D(2) and 218D(3) of the Principal

Act for "an electoral" (wherever occurring) substitute "the electoral".

(4) Sections 218D(4), 218D(5) and 218D(6) of the

Principal Act are repealed.

32. Amendment to section 220

After section 220(2) of the Principal Act insert—

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s. 33 Act No. 24/1999

"(2A) An application form for a declaration and

postal ballot-paper may be physically
attached to, or form part of, other written
material issued by any person or
organization.

(2B) For the purposes of the Commonwealth

Copyright Act 1968, if a person other than
the owner of the copyright in the application
form for a declaration and postal ballot-paper
reproduces the application form, the person
is not taken to have infringed the copyright
in the application form.

(2C) A written application and declaration by a

person that he or she is an elector who is
entitled to apply for a declaration and postal
ballot-paper may be sent through the post or
transmitted by facsimile machine.

(2D) If a person transmits by facsimile machine a

written application and declaration under this
section, the signature of the person on the
written application and declaration so
transmitted is deemed to be the personal
signature of the person.".

33. Amendment to section 221

(1) In section 221(1)(e) of the Principal Act for "116(3); or" substitute "62(3);".

(2) After section 221(1)(f) of the Principal Act

insert—

"(g) an elector who, because he or she will be at a

place (other than a hospital) caring for a
person who is seriously ill or infirm, is
unable to travel from that place to a polling
place;

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Act No. 24/1999

(h) an elector whose address has been excluded from the roll under section 66;

(i)  an elector who because of his or her religious beliefs or membership of a religious order—

(i)  is precluded from attending a polling booth; or

(ii)  for the greater part of the hours of polling on polling day, is precluded from attending a polling booth.".

(3) In sections 221(2), 221(6), 221(8), 221(9),

221(10), 221(11), 221(13) and 221(16) of the
Principal Act for "Electoral Commissioner"
(whenever occurring) substitute "electoral

registrar".

(4) In sections 221(2), 221(6), 221(9), 221(10), 221(11), 221(13) and 221(16)(a) of the Principal and province".

(5) After section 221(5) of the Principal Act insert—

"(5A) An application under sub-section (2) may be

sent through the post or transmitted by
facsimile machine.

(5B) If a person transmits by facsimile machine an

application under sub-section (2), the
signature of the person on the application so
transmitted is deemed to be the personal
signature of that person.".

(6) In section 221(7) of the Principal Act—

(a) for "116(3)" substitute "62(3)";

(b) omit "for the subdivision for which the person is claiming enrolment shall, forthwith upon enrolment, notify the Electoral Commissioner who".

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s. 35 Act No. 24/1999

(7) In section 221(11) of the Principal Act for

"subdivision" substitute "district and province".

(8) For section 221(15) of the Principal Act

substitute—

"(15) If an elector who is a registered general

postal voter for a district and province makes
a claim under Part III for transfer of
enrolment to another district and province,
the electoral registrar must—

(a)	transfer the registration of the elector as a general postal voter for the other district and province; or
(b)	if the electoral registrar is satisfied that the elector would not be entitled to be so registered if the elector made an application under sub-section (2), cancel the registration of the elector as a general postal voter and advise the elector, in writing, to that effect.".

34. Repeal of section 267G

Section 267G of the Principal Act is repealed.

35. Publicising exit poll results

Before the heading to Division 20A of Part V of the Principal Act insert—

"267GA. Prohibition of publicly disseminating exit

poll results during the hours of polling

A person must not, during the hours of polling, publicly disseminate, or cause, permit or authorize the public dissemination

of, the results of an exit poll carried out at a
polling place.

The Constitution Act Amendment (Amendment) Act 1999

Act No. 24/1999 s. 38

Penalty:  $1200 or 1 year imprisonment.".

36. New section 270 substituted

For section 270 of the Principal Act substitute—

"270. Electoral Commissioner to prepare list of

non-voters

Notwithstanding anything to the contrary in this Act, the Electoral Commissioner at the close of the poll at every election must

prepare a list of the names of the electors who have not recorded their votes at the election.".

37. Addresses to which non-voters' notices should be sent

In section 271 of the Principal Act—

(a) for paragraph (a) substitute— "(a) must send by post to each elector

whose name appears on the list
prepared under section 270 at the
elector's latest known address, a notice
in the prescribed form notifying the
elector that he or she has failed to
record his or her vote at the election
and requiring him or her to state the
true reason why he or she failed so to

vote; and";

(b) for paragraph (b)(i) substitute— "(i) the full name of the elector as

appearing on the list prepared under
section 270 and the elector's latest
known address and the name of the
electoral district or province in which
the elector was entitled to vote and the

elector's number on the roll; and".

38. Amendment to section 271B

The Constitution Act Amendment (Amendment) Act 1999

s. 43 Act No. 24/1999

In section 271B of the Principal Act for "121A"

(where twice occurring) substitute "66".

39. Amendment to section 272

In sections 272(3)(a), 272(3)(b) and 272(4) of the
Principal Act for "marked roll" (wherever
occurring) substitute "list prepared under section

270".

40. Amendment to section 273

In section 273 of the Principal Act—

(a)	for "The marked roll" substitute "The list prepared under section 270";
(b)	for "such marked roll" (where twice occurring) substitute "such list";

(c) omit "marked as aforesaid".

41. Amendment to section 306A

In section 306A(2) of the Principal Act—

(a) omit "a subdivision of"; (b) omit "subdivision of a".

42. Repeal of section 308

Section 308 of the Principal Act is repealed.

43. Form of ballot paper

In the Ninth Schedule to the Principal Act—

(a)	after "Fold the ballot paper and put it in the ballot box" insert "or declaration envelope, as appropriate";
(b)	omit "Do not take this ballot paper out of the polling booth.".

_______________
The Constitution Act Amendment (Amendment) Act 1999

s. 44
s. 47

Act No. 24/1999

PART 3—AMENDMENTS TO OTHER ACTS

44. Constitution Act 1975

(1) In section 5 of the Constitution Act 1975 omit the definition of "subdivision".

(2) Sections 27(3), 27(4), 35(3) and 35(4) of the

Constitution Act 1975 are repealed.

(3) After section 27(1A) of the Constitution Act 1975 insert—

"(1B) The abolition of subdivisions does not affect the election of members of the Legislative respect of a province.".

(4) After section 35(1) of the Constitution Act 1975

insert—

"(1A) The abolition of subdivisions does not affect the election of members of the Assembly or the enrolment of electors in respect of a

district.".

45. Senate Elections Act 1958

In section 4 of the Senate Elections Act 1958—

(a)	in sub-section (1A) for "eleven days nor more than 28 days" substitute "10 days nor more than 27 days";
(b)	in sub-section (2) for "twenty-two days or more than thirty days" substitute "23 days or more than 31 days".

46. Electoral Boundaries Commission Act 1982

Section 17(2) of the Electoral Boundaries

Commission Act 1982 is repealed.

47. Geographic Place Names Act 1998

The Constitution Act Amendment (Amendment) Act 1999

Act No. 24/1999

In section 4(a)(i) of the Geographic Place Names province or district".

48. Liquor Control Reform Act 1998

In Schedule 3 to the Liquor Control Reform Act
1998 in clause 17(2)(b) and (e) for "Chief
Electoral Officer" (wherever occurring)

substitute "Electoral Commissioner".

49. Local Government Act 1989

In Schedule 2 to the Local Government Act

1989—

(a) in clause 1(2)(c)—

(i)	for "Victorian Electoral Commission" substitute "Victorian Electoral Commissioner";
(ii)	for "Commission or Council" substitute "Commissioner, Commission or Council";

(b) in clause 15(3)(d)—

(i)  for "State Electoral Office" substitute "Victorian Electoral Commissioner";

(ii) for "Office" substitute
"Commissioner".

50. Juries Act 1967

In section 2(2)(b) of the Juries Act 1967 for
"Chief Electoral Officer" substitute "Electoral

Commissioner".

═══════════════
The Constitution Act Amendment (Amendment) Act 1999

Act No. 24/1999 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 15 April 1999

Legislative Council: 11 May 1999

The long title for the Bill for this Act was "to amend The Constitution
Act Amendment Act 1958 and certain other Acts and for other
purposes."