Victorian Parliamentary Elections (Amendment) Regulations 1996 (Vic)
Victorian Parliamentary Elections (Amendment)
Regulations 1996
S.R. No. 22/1996
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1 2. Principal Regulations 2 3. Authorising provisions 2 4. Definitions 2 5. Revocation 2 6. Form of declaration of unenrolled elector 2 7. Ballot papers of absent voters 3 8. How-to-vote cards 3 52. Single and multiple electorate how-to-vote cards 3 53. Registration—declaration 3 57. Endorsement 4 9. English translation of how-to-vote card 4 10. Official mark 4 67. Official mark on ballot papers 4 11. Amendments to Schedule 5
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STATUTORY RULES 1996
S.R. No. 22/1996
The Constitution Act Amendment Act 1958
Victorian Parliamentary Elections (Amendment)
Regulations 1996
The Governor in Council, on the recommendation of the
Electoral Commissioner, makes the following Regulations:
Dated: 13 March 1996Responsible Minister:
JAN WADE
Attorney-General
KATHY WILSON
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are—
(a) consequent upon proclamation of The
to revoke certain of the Principal Regulations (Amendment) Act 1995;
(b) to amend the Principal Regulations to—
(i) amend the form for nomination of a candidate under section 159 of The Constitution Act Amendment Act 1958 (The Act); and
(ii) prescribe forms for voting under sections 186, 187, 190 and Division 15 of Part V of The Act; and
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(iii) prescribe procedures for scrutinising of votes cast pursuant to section 187 of The Act; and
(iv) provide for submission of a multiple electorate how-to-vote card; and
(v) prescribe the official mark to be borne by ballot papers.
2. Principal Regulations
In these Regulations the 1Victorian Parliamentary
Elections Regulations 1992 are called thePrincipal Regulations.
3. Authorising provisions
These Regulations are made under sections 159, 186, 187, 190, 220, 267I, 267R and 311 of The Constitution Act Amendment Act 1958.
4. Definitions
In Regulation 5 (1) of the Principal Regulations,
after "1958" insert—
';"declaration voting" means voting under
sections 186, 187, 190 and Division 15 of
Part V of The Constitution ActAmendment Act 1958.'
5. Revocation
In the Principal Regulations—
(a) Part 3 is revoked;
(b)
Regulations 54, 55, 58, 59 60 and 61 are revoked.
6. Form of declaration of unenrolled elector
In Regulation 20 of the Principal Regulations, for
"Form B" substitute "Form BA".
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7. Ballot papers of absent voters
In Regulation 31 of the Principal Regulations, for
sub-regulation (2)(d) substitute—"(d) mark the name of each such person on that
roll used for declaration voting and accept
the ballot papers for further scrutiny".
8. How-to-vote cards
In the Principal Regulations—
(a)
for Regulation 52, substitute— "52. Single and multiple electorate
how-to-vote cards
A how-to-vote card submitted to the
Electoral Commissioner under section267K of the Act shall be either—
(a) a single how-to-vote card, that is, a how-to-vote card submitted with respect to one electoral province (or district) only; or
(b) a multiple electorate how-to-vote
card, that is, a how-to-vote card
submitted with respect to no less
than every electoral province (or
district) in which that registered
political party submitting the
how-to-vote card is standing a
candidate".
(b)
for Regulation 53 substitute— "53. Registration—declaration
Each person submitting a how-to-vote
card to a Returning Officer or the
Electoral Commissioner for registration
must make a declaration in accordance
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| with Form N or Form O, as the case requires." |
(c) For Regulation 57 substitute— "57. Endorsement Each how-to-vote card submitted for registration to a Returning Officer or the Electoral Commissioner shall be endorsed at the end of the card with the
following endorsement:
(a) 'Registered by the Returning
Officer for ...................................
(insert name of electorate)
Province/District'; or
(b) 'Registered by the Electoral
Commissioner'
as appropriate."
9. English translation of how-to-vote card
In Regulation 56 of the Principal Regulations—
(a) delete "sample how-to-vote card or format";
(b)
for "provisional approval" (wherever occurring) substitute "registration";
(c)
after "Form N" insert "or Form O as the case requires".
10. Official mark
For Regulation 67 of the Principal Regulations
substitute the following Regulation 67:
"67. Official mark on ballot papersThe official mark to be borne by ballot papers is either
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(a) a watermark in the paper consisting of a representation of a triangle having the letter "S" within the letter "V"; or (b) an overprinting of the paper in a particular manner, and the use of words, a design, or logo, approved by the Electoral Commissioner".
11. Amendments to Schedule
In the Schedule to the Principal Regulations—
(a) of...................." where first occurring insert
in Form A after "Province/District appropriate)".
(b) for Form B substitute—
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FORM BA Reg. 20
"
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(c) for Form E substitute—
"FORM E Reg. 19
STATEMENT TO UNENROLLED ELECTORS
The Constitution Act Amendment Act 1958 enables all electors attending a polling place to vote for the Province or District for which they claim to be enrolled.
1. If your name is not on the roll of voters:
(a)
you may be entitled to an absent vote, if your address is in another Province or District; or
(b)
you may be entitled to vote as an unenrolled voter if your address is within this Province or District.
2. The Polling Official will ask you to:
(a) front of this envelope, which
complete the Declaration on the identification; and
roll, the Electoral Registrar will correct your enrolment. In this case, your vote will be counted. complete the Electoral Enrolment your enrolment if necessary. (b) 3. After the close of voting, this envelope
will be sent to the Electoral Registrar,
who will examine the front of this
envelope, to determine if your name
should have been on the roll of voters
for the election.
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S.R. No. 22/1996 r. 11 If your name should not have been on the roll, you will be advised in writing and your vote will not be counted."
(d) for Form H substitute—
"FORM H Reg. 47
APPLICATION FOR A POSTAL VOTE
OFFICE USE ONLY
Issuing office ............................................................. Elector's district ............................................................. Date application received ............................................................. Date ballot paper issued ............................................................. Issuing officer's initials ............................................................. Date declaration received in *Province/*District for which vote claimed ............................................................. ELECTOR TO COMPLETE (Please print) Surname ............................................................. Given names ............................................................. Address for ............................................................. which you claim ............................................................. to be enrolled ............................................................. Postcode........................................... ............./ .............../ ................ ............................... Day Month Year Contact Phone No.
Date of birth
I declare that I am entitled to apply for a postal vote for the
*Province
*District of ...................... and request that voting material be sent to me at:
Full address ............................................................. (if different from above) ............................................................. ............................................................. Postcode ........................................ Applicant to sign: ............................................................. Date ......../............./
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WITNESS TO COMPLETE (Please print)
Witness to sign: ............................................................. Date ......../...../ Name (Block letters) ............................................................. Address* ............................................................. ............................................................. Title* ............................................................. *Strike out which does not apply" (e) for Form I substitute—
_______________
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(f) for Form N substitute—
"FORM N Regs. 53, 56
HOW-TO-VOTE CARD DECLARATION
Declaration to be made by a person submitting a how-to-vote card for registration.
I, ................................................................................................................ Full name of person submitting
of ........................................................................... ...........................................
Residential address Contact telephone
declare that I am authorised to submit this how-to-vote card for the Electoral
{Province/District} of {Name} for registration on behalf of
........................................................................................................................................
Specify name of political party, person, organisation or group
Capacity in which I make this declaration:
........................................................................................................................................
Specify title e.g. candidate, party secretary, campaign official, etc.
AND (if the how-to-vote card contains a section in a language other than
English):I submit with the how-to-vote card a translation into English of the section in a language other than English, and I declare that the translation is a fair translation.
........................................................................................................................................
Signed
I am aware that if I knowingly make a false statement in this declaration, I am liable to a penalty of not more than $40.00 or to imprisonment for a term of not more than three months.
Signed before me on the..............................................................................
day of...............................................................................................19........
Signed...........................................................................................................
*Returning Officer for the Electoral {Province/District} of {Name}
* Electoral Commissioner
(* Delete whichever is not applicable)"
(g) in Form O—
(i) for "Returning Officer for .................... Electoral District" substitute "Electoral Commissioner";
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S.R. No. 22/1996 r. 11 (ii) after "distributed)" insert "AND (if the how-to-vote card contains a section in a language other than English), I submit
with the how-to-vote card a translation
into English of the section in a
language other than English, and I
declare that the translation is a fair
translation."
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NOTES
1 S.R. No. 109/1992.
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