Trade Commissioner or or (vi) a member of any police force in that other country; ballot material means ballot-papers, electoral rolls and electoral papers; S. 3 def. of by-election amended by No. 2/2003 s. 23(a). by-election means an election at which a member of the Assembly is to be elected to fill the place of a member of the Assembly whose seat has become vacant otherwise than by the expiration or dissolution of the Assembly; candidate means a person who is nominated under section 69 to stand for election to Parliament; Commission means the Victorian Electoral Commission established under section 6; s. 3 Commonwealth subdivision means a subdivision of an electoral division for the election of a member of the House of Representatives under the Commonwealth Electoral Act 1918; S. 3 def. of corrupt conduct inserted by No. 82/2012 s. 172, amended by No. 82/2012 s. 307(a). corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011; Council means the Legislative Council; S. 3 def. of Council election inserted by No. 2/2003 s. 23(e). Council election means an election at which all the members of the Council have to be elected; declaration vote means a vote on a ballot-paper marked under section 106, 108, 109 or 110;
S. 33(4) amended by No. 2/2003 s. 25(b)(i). (4) Following a redivision under the Electoral Boundaries Commission Act 1982, the Commission must provide each member of the Council, free of charge, a list specifying electors for the region for which the member was elected and a list specifying electors for the region whose name and boundary is published under section 14 of that Act after the redivision and that, in the opinion of the Commission, most resembles the region for which the member was elected and the particulars of the electors on both lists— (a) as soon as practicable after the redivision; and s. 33 S. 33(4)(b) amended by No. 2/2003 s. 25(b)(ii). (b) on receiving a request from the member not more than once each year until the Assembly is dissolved. (5) On the request of a member of the Assembly or Council, the Commission must provide to the member at least 6 times each year free of charge— S. 33(5)(a) amended by No. 2/2003 s. 25(c) (a) a list specifying electors whose addresses for which they are enrolled were in the district or region represented by the member immediately before a list was last provided under this subsection but are now no longer in that district or region and the particulars of those electors; and S. 33(5)(b) amended by No. 2/2003 s. 25(c) (b) a list specifying electors whose addresses for which they are enrolled were not in the district or region represented by the member immediately before a list was last provided under this subsection but are now in that district or region and the particulars of those electors. (6) On the request of any candidate for an election, the Commission must provide to the candidate,
S. 69B(7) amended by No. 41/2010 s. 7(2). (7) A statement under subsection (1), (2) or (3) must be lodged with the Commission after the election manager has determined the order of the candidates and the groups on the ballot-paper in accordance with section 74 and before noon on the second day after the final nomination day. 10 penalty units. S. 69B(7A) inserted by No. 41/2010 s. 7(3). (7A) For the purposes of subsection (7)— (a) a statement under subsection (1) must be lodged by— (i) the candidate whose name first appears in the group on the ballot-paper; or (ii) if a person has been authorised by all the members of the group by written instrument given to the Commission with the nomination or nominations of members of the group to sign the statement, the authorised person; s. 69B (b) a statement under subsection (2) must be lodged by the registered officer of the registered political party making the request; (c) a statement under subsection (3) must be lodged by the registered officers of the registered political parties making the joint request. S. 69B(8) amended by No. 41/2010 s. 7(4). (8) A statement lodged under subsection (1), (2) or (3) may, at any time before the period for lodging the statement expires, be amended or replaced by a written notice to the Commission. (9) A statement under subsection (1) or a written notice relating to that statement under subsection (8) must be signed by— (a) the candidate whose name first appears in the group on the ballot-paper; or
S. 149 amended by No. 44/2006 s. 5(1)(2) (ILA s. 39B(1)). 149 Forging or uttering electoral papers (1) A person must not— (a) forge any electoral paper; or (b) utter any forged electoral paper knowing it to be forged; or (c) forge the signature of any person on any electoral paper. S. 149(2) inserted by No. 44/2006 s. 5(2). (2) A person who contravenes subsection (1) is guilty of an indictable offence. Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units). S. 150 amended by No. 44/2006 s. 6(1)(2) (ILA s. 39B(1)). 150 Voting offences (1) A person must not in respect of an election— (a) vote in the name of another person (including a dead or fictitious person); or (b) vote more than once; or (c) apply for a ballot-paper in the name of another person. S. 150(2) inserted by No. 44/2006 s. 6(2). (2) A person who contravenes subsection (1) is guilty of an indictable offence. Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units). 151 Bribery S. 151(1) amended by No. 44/2006 s. 7(1). s. 150 (1) A person must not— (a) ask for, receive or obtain; or (b) offer to ask for, receive or obtain; or
5 penalty units. Note to s. 158(2) inserted by No. 13/2013 s. 20(5). Note Section 179A applies to an offence against paragraph (a), (b), (c), (d), (e) or (f). (3) If— (a) a building used as a voting centre is situated in grounds within an enclosure; and (b) there is displayed an official notice stating that those grounds are, for the purposes of this section, part of the voting centre— those grounds are part of the voting centre. 159 Prohibition of use of public address systems during hours of voting s. 159 A person must not during the hours of voting in respect of a voting centre, within 400 metres of the entrance of, or within the building used as, a voting centre— (a) use or permit to be used a loud speaker, public address system or amplifier (whether fixed or mobile), broadcasting van, sound system, radio apparatus or any other apparatus or device for the broadcasting or dissemination of any matter intended or likely to affect the result of the election; or (b) make any public demonstration having reference to the election. 1 penalty unit. 160 Offence to impersonate A person must not impersonate a person employed under section 17 or appointed under section 18 in
property includes money; registered, in relation to an election, means registered under Part 4, before the day of the issue of the writ for the election; S. 206(1) def. of relevant licence amended by Nos 91/2003 s. 10(1), 114/2003 s. 12.1.3(Sch. 6 item 4). relevant licence means a licence granted under— (a) section 13 of the Casino Control Act 1991; or (b) section 3.4.29 or 4.3.8 of the Gambling Regulation Act 2003; statement means the statement given to the Commission under section 208. (2) A reference in this Part to things done by or with the authority of a registered political party must, if the registered political party is not a body corporate, be read as a reference to things done by or with the authority of members or officers of the registered political party on behalf of the registered political party. (3) For the purposes of this Part— (a) a body corporate and any other body corporate that is related to the body corporate are deemed to be the same person; and (b) the question whether a body corporate is related to another body corporate is to be determined in the same manner as the question whether a corporation is related to another corporation is determined under the Corporations Act. (4) For the purposes of this Part, an advertisement relates to an election if it contains electoral matter, whether or not consideration was given for the publication or broadcasting of the advertisement.
Assent Date: 13.3.13 Commencement Date: Ss 18–21 on 14.3.13: s. 2 : This information relates only to the provision/s amending the Electoral Act 2002 Justice Legislation Amendment Act 2013, No. 31/2013 Assent Date: 4.6.13 Commencement Date: S. 5 on 5.6.13: s. 2(2) : This information relates only to the provision/s amending the Electoral Act 2002 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 50) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Electoral Act 2002 Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014 Assent Date: 27.6.14 Commencement Date: S. 33(Sch. item 9) on 30.6.14: s. 2(5) Current State: This information relates only to the provision/s amending the Electoral Act 2002 Privacy and Data Protection Act 2014, No. 60/2014 Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 15) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 Current State: This information relates only to the provision/s amending the Electoral Act 2002 ––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.