S. 3 def. of authorised witness substituted by No. 30/2018 s. 3(1). authorised witness means a person who— (a) has attained 18 years of age; and (b) is not a candidate at the election; 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; 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 composite name inserted by No. 30/2018 s. 3(2). composite name means a name formed from the names of more than one registered political party; 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; district means electoral district; S. 3 def. of election amended by No. 2/2003 s. 23(b). election means— (a) a general election; or (b) a by-election; or (c) a supplementary election; or (d) a re-election; election day means the day named as the election day in the writ for an election; elector means a person whose name appears on the register of electors; electoral advertisement, handbill, pamphlet or notice means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper announcing the holding of a meeting; electoral claim means an application or declaration made under this Act; Electoral Commissioner means the Electoral Commissioner appointed under section 12; electoral paper includes any electoral claim and any prescribed form; electoral roll means a list prepared under section 29 of the names and addresses of
(b) any other powers and duties not inconsistent with this Act as may be specified by the Commission in the instrument of appointment of persons of that class. (5) The Commission must pay persons appointed under this section the remuneration and allowances determined by the Commission. S. 18(6) amended by No. 2/2003 s. 24(a). (6) A reference in a provision of this Act which— (a) provides for the giving of a document to; or (b) confers a power or function on— the election manager is to be taken to be a reference to the election manager appointed for the election for the region or district to which the provision applies. S. 18(7) amended by No. 2/2003 s. 24(a). (7) A reference in a provision of this Act which— (a) provides for the giving of a document to; or (b) confers a power or function on— an election official is to be taken to be a reference to an election official of a class appointed for the election for the region or district to which the provision applies. S. 18(8) amended by No. 2/2003 s. 24(b)(i)(ii). (8) In the case of a general election, the election manager for a district is also responsible for exercising all the duties and powers in relation to the conduct of the election for a region in so far as any part of any region lies within that district (whether an election is to be conducted for both or not) until— (a) the votes from each voting centre have been counted; and S. 18(8)(b) amended by No. 2/2003 s. 24(b)(iii). (b) the votes relating to the election for any region have been forwarded to the election manager for that region.
(a) the Deputy Electoral Commissioner; or (b) a member of staff employed under section 17; or (c) an election manager or election official appointed under section 18— any function or power of the Electoral Commissioner under this Act or any other Act or under the regulations other than this power of delegation. S. 19A inserted by No. 82/2012 s. 173. 19A Mandatory notification of corrupt conduct to IBAC S. 19A(1) substituted by No. 30/2016 s. 79. (1) Subject to any exemption notice issued under section 57B of the Independent Broadbased Anti-corruption Commission Act 2011, the Electoral Commissioner must notify the IBAC of any matter that the Electoral Commissioner suspects on reasonable grounds involves corrupt conduct occurring or having occurred, of which the Electoral Commissioner becomes aware in the performance of functions or duties or the exercise of powers under this Act or any other Act. (2) This section does not apply to corrupt conduct of the IBAC or IBAC personnel. S. 19B inserted by No. 82/2012 s. 173. 19B Consultation prior to notifcation For the purposes of deciding whether to make a notification under section 19A to the IBAC, the Electoral Commissioner may consult the IBAC. S. 19C inserted by No. 82/2012 s. 173. 19C Communication of information to the IBAC (1) At any time, the Electoral Commissioner may provide or disclose any information received or obtained in the course of the performance of functions or duties or the exercise of powers under
(1) An eligible political party may apply to the Commission to be registered if the political party had not made an application for registration within the previous 6 months that was refused by the Commission. S. 45(1A) inserted by No. 30/2018 s. 8(1). (1A) An application for the registration of a political party cannot be made during the period commencing 115 days before the day of the 2018 general election resulting from the expiration of the Assembly, or during the period commencing 120 days before the day of any other general election resulting from the expiration of the Assembly. (2) An application for the registration of an eligible political party must— (a) be in writing, signed by the secretary of the political party; and (b) set out the name of the political party; and (c) set out the name and address of the person who is to be the registered officer of the political party for the purposes of this Act; and (d) be accompanied by a copy of the constitution (however described) of the political party; and (e) be accompanied by a statutory declaration made by the secretary stating that at least 500 members of the political party are— (i) electors; and (ii) members in accordance with the rules of the political party; and (iii) not members of another registered political party or of a political party applying for registration; and
(a) change the Register of Political Parties accordingly; and (b) give written notice to the political party that the Commission has made the change; and (c) in the case of a change to the name of the political party in respect of which a person submitted particulars in response to the invitation referred to in section 49(2)(b) by virtue of subsection (3) of this section, give written notice to that person that the Commission has made the change, setting out in the notice to the person the reasons for rejecting the reasons particulars of which were submitted by the person; and (d) in the case of an application to substitute the name of a person for the name of the registered officer of the political party, being an application in respect of which the registered officer submitted particulars under subsection (4)(a), give written notice to that registered officer that the Commission has made the change setting out the reasons for rejecting the reasons particulars of which were so submitted; and (e) publish notice of the change in the Government Gazette. (6) If the Commission determines that a political party's application under subsection (1) should be refused, the Commission must give the political party written notice of that determination. 52 Commission to review registration of political parties (1) The Commission— (a) may review the registration of a political party from time to time; and
(b) must review the registration of a political party as soon as practicable after an election if the political party obtained an average of less than 4% of the first preference votes over all electorates contested by the political party. (2) For the purposes of reviewing the registration of a political party under subsection (1), the Commission may require a political party to provide the Commission with up to date information and documents of the kind referred to in section 45(2) within 30 days. 53 Voluntary de-registration (1) The Commission must de-register a political party if an application to do so is made to the Commission by the political party. (2) An application under subsection (1) must be in writing, signed by the registered officer of the political party. 54 De-registration of party not endorsing candidates If a registered political party has not endorsed at least one candidate for an election held within the last 5 years, the Commission must— (a) de-register the political party; and (b) give the person who was the registered officer of the political party immediately before its de-registration notice in writing of the de-registration; and (c) publish a notice of the de-registration in the Government Gazette. 55 De-registration of political party on failure to provide information and documents
(b) set out the name of the registered political party; and (c) set out the name and address of the person who is to be the registered officer of the registered political party for the purposes of this Act; and (d) be accompanied by a copy of the constitution (however described) of the registered political party; and (e) be accompanied by a statutory declaration made by the secretary stating that at least 500 members of the registered political party are— (i) electors; and (ii) members in accordance with the rules of the registered political party; and (iii) not members of another registered political party or of a political party applying for registration; and (f) be accompanied by a list, in a form determined by the Commission, of the names and addresses of at least 500 members of the registered political party who meet the requirements set out in paragraph (e); and (g) be accompanied by a fee of 50 fee units. S. 58C inserted by No. 38/2005 s. 5. 58C Political party not to be re-registered during election During the period that starts on the day of the issue of the writ for an election and ends on the day on which the writ is returned—
(7) A candidate's name may not be included in more than one group. S. 69A(8) inserted by No. 41/2010 s. 6. (8) A request made under subsection (1), (2) or (3) may, at any time before noon on the day before final nomination day, be amended, withdrawn or replaced by a written notice to the Commission. S. 69B inserted by No. 2/2003 s. 28. 69B Group voting tickets S. 69B(1) amended by No. 41/2010 s. 7(1). (1) Candidates who made a joint request under section 69A(1) must lodge with the Commission a written statement that— (a) they wish voters in the Council election to indicate their preferences in relation to all candidates in the Council election in a specified order, being an order that gives preferences to the candidates lodging the statement before any other candidate; or (b) they wish voters in the Council election to indicate their preferences in relation to all candidates in the Council election in either of 2 specified orders, or any one of 3 specified orders, being an order that— (i) give preferences to the candidates lodging the statement before any other candidate; and (ii) give the preferences to the candidates lodging the statement in the same order. S. 69B(2) amended by No. 41/2010 s. 7(1). (2) The registered officer of a registered political party who made a request under section 69A(2) must lodge with the Commission a written statement that—
candidates must be printed beneath the square in relation to the group. (4) If a person has been endorsed as a candidate in an election by a registered political party, the name of that party must be printed adjacent to the name of the candidate on the ballot-papers. S. 74(5) inserted by No. 30/2018 s. 16. (5) If a person has been endorsed as a candidate in an election by a registered political party that has a logo entered in the Register of Political Parties, the logo must be printed adjacent to the name of the candidate and beneath the square in relation to the group in accordance with Schedule 1A, 1B or 2, whichever is applicable. 75 Notification of election If an election is required to held under section 73, the Commission must publicly advertise— (a) that an election will be held; and (b) the names of the candidates for the election and the order of the names of the candidates on the ballot-papers to be used in the election. 76 Provisions relating to scrutineers S. 76(1) amended by No. 2/2003 s. 33(a). (1) A candidate may appoint one scrutineer for each election official issuing ballot-papers at a voting centre for the district or region for which the candidate is seeking election. S. 76(2) amended by No. 2/2003 s. 33(b). (2) Subject to subsection (3), a candidate may appoint scrutineers to represent the candidate at the scrutiny or counting of ballot-papers under sections 111, 113, 114 and 114A. (3) The number of scrutineers appointed under subsection (2) must not be greater than the number of electoral officials who are engaged in the scrutiny and counting of ballot-papers.
Note to s. 83(1) inserted by No. 13/2013 s. 20(1). Note Section 179A applies to an offence against this subsection. (2) For the purposes of subsection (1)(b), a person who makes copies for distribution of an electoral advertisement, handbill, pamphlet or notice that is published on the Internet is deemed to be the printer of those copies. (3) Subsection (1) does not apply in relation to— (a) a car sticker, an item of clothing, lapel button, lapel badge, fridge magnet, pen, pencil or balloon; or S. 83(3)(aa) inserted by No. 41/2010 s. 9(1). (aa) a letter or card which— (i) bears the name and address of the sender; and (ii) does not contain a representation or purported representation of a for use in an election; or S. 83(3)(ab) inserted by No. 30/2018 s. 20(2). (ab) a how-to-vote card registered under section 79 or 80; or (b) an article included in a prescribed class of articles. S. 83(4) amended by No. 41/2010 s. 9(2). (4) Nothing in subsection (3)(a) or (3)(aa) is to be taken, by implication, to limit the generality of regulations that may be made by virtue of subsection (3)(b). S. 83A inserted by No. 30/2018 s. 21. 83A Printing and publication of how-to-vote cards (1) A person must not print, publish or distribute or cause, permit or authorise to be printed, published or distributed a how-to-vote card unless it complies with section 79(2)(d) or 80(4)(d).
which is likely to be, to influence the preferences set out in the vote of an elector. (4) This section does not apply in relation to a declaration of public policy or a promise of public action. 152 Interference with political liberty S. 152(1) amended by No. 44/2006 s. 8(1). (1) A person must not hinder or interfere with the free exercise or performance, by any other person, of any political right or duty that is relevant to an election under this Act. S. 152(1A) inserted by No. 44/2006 s. 8(2). (1A) 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. 152(2) amended by No. 44/2006 s. 8(3). (2) A person must not, by violence or intimidation, influence the vote of a person at an election. S. 152(3) inserted by No. 44/2006 s. 8(4). (3) A person who contravenes subsection (2) is guilty of an indictable offence. Level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units). S. 152(4) inserted by No. 30/2018 s. 37(1). (4) A person must not, subject any person who within 100 metres of the entrance of a building used as a voting centre is handing out how-to-vote cards or supporting a candidate at an election, to violence or intimidation. S. 152(5) inserted by No. 30/2018 s. 37(1). (5) A person who contravenes subsection (4) is guilty of an indictable offence.
Constitution (Parliamentary Reform) Act 2003, No. 2/2003 (as amended by Nos 38/2005, 44/2006) Assent Date: 8.4.03 Commencement Date: Ss 20–22 on 8.4.03: Special Gazette (No. 57) 8.4.03 p. 1; ss 23–43 on 31.10.06: s. 2(3) : This information relates only to the provision/s amending the Electoral Act 2002 Electoral (Amendment) Act 2003, No. 91/2003 Assent Date: 25.11.03 Commencement Date: 26.11.03: s. 2 : All of Act in operation Gambling Regulation Act 2003, No. 114/2003 Assent Date: 16.12.03 Commencement Date: S. 12.1.3(Sch. 6 item 4) on 1.7.04: Government Gazette 1.7.04 p. 1843 : This information relates only to the provision/s amending the Electoral Act 2002 Monetary Units Act 2004, No. 10/2004 Assent Date: 11.5.04 Commencement Date: S. 15(Sch. 1 item 6) on 1.7.04: s. 2(2) : This information relates only to the provision/s amending the Electoral Act 2002 Electoral Legislation (Amendment) Act 2004, No. 85/2004 Assent Date: 23.11.04 Commencement Date: S. 3 on 24.11.04: s. 2 : This information relates only to the provision/s amending the Electoral Act 2002 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 62) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Electoral Act 2002 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 35) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Electoral Act 2002 Electoral Legislation (Further Amendment) Act 2005, No. 38/2005
A is the amount specified in column 2 of that item or, if that amount has been varied in accordance with this section, that amount as last so varied; B is the all groups consumer price index for Melbourne in original terms for the most recent reference period in the preceding calendar year most recently published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made; C is the all groups consumer price index for Melbourne in original terms for the corresponding reference period one year earlier than the reference period referred to in B published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made. TABLE Column 1 Item Column 2 Amount 1 Section 206(1), definition of general cap—$4000 2 Section 206(1), definition of small contribution—$50 3 Section 206(1), definition of thirdparty campaigner—$4000 4 Section 207GA(1)(a)—$200 000 5 Section 207GA(1)(b)(i)—$200 000 6 Section 207GA(1)(b)(ii)—$70 000 7 Section 207GA(1)(b)(iii)—$35 000