No. 5465.
An Act to introduce Adult Suffrage at Legislative
Council Elections, to amend the Law relating
to Qualification for Membership of and Elections
for the Legislative Council, to provide for the
Re-definition of the Boundaries of Electoral
Provinces for the Legislative Council, and for
other purposes.
[Uth October, 1950.]
B
E it enacted by the King's Most Excellent Majesty by
and with the advice and consent of the Legislative
Council and the Legislative Assembly of Victoria in this
present Parliament assembled and by the authority of the
same as follows (that is to say) :—
Short title
1. (1) This Act may be cited as the Legislative Council construction
and citation.
Reform Act 1950 and shall be read and construed as one Nog. 3000,
4278, 4305,
with The Constitution Act Amendment Act 1928 (hereinafter 4334,4350,
4409,
called the Principal Act) and any Act amending the same 4307,
4408, 4533,
4584,
all of which Acts and this Act may be cited together as 45(53,
4091,4718,
4849, 4890,
The Constitution Act Amendment Acts.
5014,5028,
5052, 5185,
5211, 5252,
(2) This Act is divided into Parts as follows:—
5285, 5290,
5309, 5349 ,
Part I.—Qualifications and Elections for Legislative 5380.
Division
Council.
into Parts.
Part
1
30
1950.
Legislative Council Reform.
No. 5465
Part II.—Ke-dennition of Boundaries of Electoral
Provinces for Legislative Council.
»«.«-.«*.
(3) (a) Part I. of this Act shall come into-operation
on the appointed day within the meaning of section niteen
of this Act.
(b) The remainder of this Act shall come into operation
on the passing thereof.
PART I—QUALIFICATIONS
LEGISLATIVE
Now sections
subsituted for
No. 3060 as.
53-59 as
amended by
Noa. 4533 a. 5,
4563 a. 2.
Adult
qualification
for members
of Council.
Comp. The
Constitution Act
s. XI., No.
3060 as. 139,
140.
Avoidance of
election of
unqualified
person.
Comp. The
Constitution
Act a. XXVI.,
No. 3660 s. 59.
AND ELECTIONS FOR
COUNCIL.
2 For sections fifty-three to fifty-nine of the Principal
Act as amended by any Act there shall be substituted
the following sections :—
" 53. Any natural-born subject of His Majesty, or
any alien naturalized by law for the space of five
years and resident in Victoria for the space of two years,
who is of the full age of twenty-one years, shall be
qualified to be elected a member of the Council :
Provided that no person shall be capable of being
elected or continuing to be a member of the Council
who—
(a) is a judge of any court of Victoria ;
(b) is a minister of any religious denomination
whatever maybe his rank title or designation;
(c) has been convicted of treason or any felony
or infamous crime in any part of His
Majesty's dominions ; or
(d) is an uncertificated bankrupt or insolvent.
54. (1) If any person who is not qualified to be or not
capable of being elected a member of the Council is
elected and returned as a member of the Council such
election and return may be declared by the Council
or by the committee of elections and qualifications
thereof to be void, and thereupon the same shall
become void to all intents and purposes.
(2) If any person so elected and returned contrary
to the provisions of this Part sits or votes in the
Council, lie shall be liable to a penalty of Two
hundred pounds to be recovered by any person who
sues for same in any court of competent jurisdiction."
3. For
1950.
Legislative Council Reform.
No. 5465
31
3 . For sections sixty-two to sixty-nine of the Principal ^tf^J°nfH
Act as amended by any Act there shall be substituted the NO83OOOCB8.°
.
.
J
J
02-09 as
imen^clbyo
following sections :—
©
Nos. 4350 s. 3
4533 s. 7,
"62. Subject to the disqualifications hereinafter *5dGu3lt8-2,
mentioned every person of the full age of twenty-one ^rage^r
years who—
council.
Comp.
(a) is a natural-born or naturalized subject of His
Majesty ; and
(b) has resided in Australia for at least six months
continuously and in Victoria for at least
three months and in any subdivision for
at least one month immediately preceding
the date of such person's claim for enrolment
as an elector for the Assembly—
shall (subject to this Act) be entitled in respect of
residence in such subdivision—
to be enrolled as an elector for the Council on the
roll for the subdivision in which such person
resides and for no other subdivision; and
when enrolled and so long as such person continues
to reside in the subdivision, to vote at any
election for the Council for the province :
Provided that—
(i) an elector who has changed his
residence to another place within
the same subdivision or to another
subdivision of the same province
shall not be deemed by reason only
of such change of residence to be
dispossessed of the qualification in
respect of which he is enrolled;
and
(ii) an elector who within three months
before any election has changed his
residence to another province may
vote at that election for the
province for which his name appears
on the roll prepared for the
purposes of that election.
63. No
32
1950.
4. (1) For sections seventy to one hundred and
thirty-five of the Principal Act as amended by any Act
and any heading above any of the said sections there
shall be substituted the following heading and sections :—
a
Electoral
registrars.
See No. 3660
s. 162.
Rolls for
provinces and
subdivisions,
Comp.
No. 3660 s.
153.
No. 5405
63. No person who is of unsound mind and no
person convicted of treason or who has been convicted
and is under sentence for any offence punishable
under the law of Victoria or any other part of the
King's Dominions by imprisonment for one year or
longer and no person who is receiving relief as an
inmate of any charitable institution (other than a
hospital) who is certified as of unsound mind by the
Government Medical Officer shall be entitled to have
his name placed on or retained on any roll of electors
for the Council or to vote at any election for the
Council."
Disqualifications.
Comp. No. 3660
a. 146.
New sections
substituted for
No. 3660
as. 70-135 aB
amended by
Nos. 4350
88. 3, 7, 8,
4563 88. 2, 3,
4574 8.3,
4629 8.4,4091
8.2.
Legislative Council Reform.
DIVISION 7.—ELECTORAL REGISTRARS AND ROLLS.
70. The electoral registrar for each subdivision of
a district shall also be the electoral registrar for the
corresponding subdivision of a province.
71. (1) There shall be a roll for each province.
(2) There
subdivision of
for the time
subdivision of
shall be a separate roll for each
a province, which roll shall be the roll
being in force for the corresponding
an electoral district.
(3) The rolls for all the subdivisions of a province
shall together form the roll for the province.
Supplemental
rolls.
Comp. No. 3660
s. 150 (2).
Rolls for
purposes of
Council
•elections.
J b . s. 175.
(4) Supplemental rolls setting out additions since
the latest print of the rolls shall be prepared and
printed immediately before any election for the
Council.
72. (1) Every divisional returning officer after
the issue of the writ and before the day of
nomination for any election for the Council for any
province
1950.
Legislative Council Reform.
No. 5465
province situate in whole or in part within the
Commonwealth electoral division for which he acts
as divisional returning officer, shall—
(a) certify sign and transmit to the State returning
officer for the province a printed copy
(marked as hereinafter provided) of the
roll last printed for each subdivision thereof
situate within such Commonwealth electoral
division;
(b) alter such copy so that (except as to any
additional
names contained in
the
supplemental roll hereinafter provided for)
such copy will correspond with the roll
as in force at six o'clock in the afternoon
on the day of the issue of the writ for
any election for the Council;
(c) prepare certify sign and transmit to the said
State returning officer a printed copy of
a supplemental roll containing the names
of all persons whose names pursuant to
claims for enrolment or transfer received
at any time up to six o'clock in the
afternoon on the day of issue of the writ
have been added to the roll last printed.
(2) Every such supplemental roll—
(a) shall be in the prescribed form ;
(b) shall have the names thereon arranged in
alphabetical order of the surnames, with
a number prefixed to each name beginning
at the first name with the number next
in arithmetical progression after the last
number on the roll last printed and
continuing in like progression to the last
name on the supplemental roll.
(3) For the purposes only of such election for the
Council the copy of such roll last printed and altered
if necessary as hereinbefore provided together with
the copy of such supplemental roll (if any) transmitted
to the returning officer shall b^, the electoral roll for
the subdivision.
(4) Every
34
1950.
Legislative Council Reform.
No. 5465
(4) Every electoral registrar shall comply with
any direction of any such divisional returning officer
given to enable such divisional returning officer to
comply with the requirements of this section.
Extension and
tpplication of
No. 3060 Part
IV. Division 7
in relation to
preparation
&e. of rolls
to Council
elections.
73. Subject to and so far as necessary for
the purposes of this Division, the provisions of
Division seven of Part IV. of this Act relating
to the preparation maintenance printing revision
and alteration of rolls shall with such adaptations as
are necessary extend and apply to elections for the
Council.
Special
extension of
No. 3060 s. 148
for purposes of
rolls of
electors for
the Council.
74. Without affecting the generality of the provisions
of the last preceding section, the provisions of section
one hundred and forty-eight of this Act shall extend
to empower the Governor in Council to arrange with
the Governor General of the Commonwealth for the
preparation alteration and revision of rolls of electors
for the Council and the provisions of that section
shall with such adaptations as are necessary apply
for the purposes of the arrangement.
Correction
of errors.
Comp. No. 3660
s.186.
75. (1) Where any accidental or unavoidable
impediment misfeasance or omission has happened in
the preparation or transmission or printing of any roll
under this Division the Governor in Council may by
Order—
(a) take all such measures as may be necessary
for removing such impediment or rectifying
such misfeasance or omission; or
(b) declare any such roll valid
notwithstanding
such
misfeasance or omission.
as to and
impediment
(2) Every such Order in Council shall state specifically
the nature of the impediment misfeasance or omission
and shall be forthwith published in the Government
Gazette.
.Regulations.
Comp. No. 3060
s. 187.
76. (1) The Governor
regulations—
in
Council
may
make
(a) prescribing any forms required to be prescribed
under this Division :
(b) prescribing
1950.
Legislative Council Reform.
No. 5465
35
(b) prescribing any matters by this Division required
or authorized to be prescribed ; and
(c) generally for carrying the provisions of this
Division into effect.
(2) Any such regulation may impose a penalty of
not more than Two pounds for any contravention
thereof.
(3) All such regulations shall be published in the
Government Gazette and shall be laid before both
Houses of Parliament within fourteen days after the
making thereof if Parliament is then sitting and if
Parliament is not then sitting then within fourteen
days after the next meeting of Parliament, and a copy
of all such regulations shall be posted to each member
of Parhament."
(2) The Principal Act as amended by any Act is hereby consequential
v
/
j
1
r
J
1
J
J
amended as follows :—
amendment of
N( 66
\5 i°no *„»
as. 49, 192, 208,
(a) In section forty-nine—
•v
•
i
•
151; £ iSf.
/r»\
i
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r*
,i
i
26th 29th
(l) in sub-sections (o) and (4) tor the word schedules««
\ /
\
/
\ '
nmcndcil by
#
" divisions " (wherever occurring) there NM 4350
shall be substituted the word " sub- 4534; 4091;
...
,,
4849.
divisions ;
33
(ii) in paragraph (c) of sub-section (3) for
(6) Section onethehundred
word " and
d i v i s ininety-two
o n " there shall
shall be
amended substituted
as follows :—
the word " subdivision
(i) I n sub-section (1)—
for t h e words " division of every
province and each subdivision"
there shall be substituted the
words " subdivision of every
province and " ;
the words " division o r " (wherever
occurring) shall be repealed ;
in paragraph (b) of the proviso for
the words " division of a province
or any subdivision" there shall
be substituted the words " subdivision of a province or " ;
(ii) In
36
1950.
Legislative Council Reform.
No. 5465
(ii) In sub-section (2)—
for the words " division of such
province or any adjoining subdivision of s u c h " there shall be
substituted
the
words
" subdivision of such province or " ;
the
words
" division
or"
and
"divisions o r " shall be repealed;
(c) In sub-paragraph (ii) of paragraph (b) of sub-section
(2) of section two hundred and eight for the
words " divisions of the province or for the
several subdivisions " there shall be substituted
the words " subdivisions of the province or " ;
(d) In paragraph (a) of sub-section (1) of section two
hundred and seventeen for the words " division
of the province or the subdivision " there shall
be substituted the words " subdivision of the
province or " ;
(e) In sub-paragraph (v.) of paragraph (b) of section
two hundred and sixty-two and in subparagraph (v.) of paragraph (6) of section
two hundred and sixty-three the words
" division or " shall be repealed;
(/) Section two hundred and seventy-four shall be
amended as follows :—
(i) In paragraph (a) of sub-section (1) for
the words " division of a province
declared to be a mountainous division
or in the case of any subdivision
of a district" there shall be substituted the word " subdivision " ;
(ii) In sub-section (4) for the words " division
of a province to be a mountainous
division or any subdivision of a
district" there shall be substituted
the word " subdivision " ;
(g) In sub-section (1) of section two hundred and
eighty-four for the words " division of the
province or subdivision of the district" there
shall be substituted the words " subdivision
of the province or district" ;
(h) In
1950.
Legislative Council Reform.
No. 5465
37
(h) In Form A of the Twenty-fifth Schedule for the
word " division" (wherever occurring) there
shall be substituted the word " subdivision " ;
(i) In the Twenty-sixth and Twenty-ninth Schedules
for the expression " Division [or Subdivision] "
(wherever occurring) there shall be substituted
the word " Subdivision ".
5- (1) For sections two hundred and twenty-two to New section
two hundred and thirty-two of the Principal Act as amended substitutecHor
by any Act and the headings above sections two hundred ^'222-232
and twenty-two and two hundred and thirty-three of the asamendecf by
Principal Act there shall be substituted the following heading 2?s,4i846,°i5,
and section :—
ml I: l\
a
DIVISION 10.—VOTING AT ELECTIONS.
232. (1) Every person whose name is on the electoral Voting at
roll for any subdivision shall subject to the provisions Sections.
of this Act be entitled at any election for the Council °°£$;No-36C0
to vote in such subdivision at any polling place for
such subdivision :
Provided that subject to this Act he shall in
accordance with the provisions of this Act and any
regulations thereunder with respect to voting by absent
voters be permitted to vote at any other polling place
in Victoria at which a polling booth is open if during
the hours of polling he has not been and will not be
within such subdivision under conditions which would
permit of his voting at any polling place for such
subdivision.
(2) It shall not be lawful for any person on any day
at any election or elections for the Council to vote
more than once.
(3) When any person has once voted in any subdivision at any such election on any day, he shall not
vote again in any subdivision whatever of any province
at any poll adjourned from such day.
(4) Every person guilty of a contravention of this
section shall be liable to a penalty of not more than
Fifty pounds or to imprisonment for a term of not
more than three months.
(5) All
38
1950.
Legislative Council Reform.
No. 5465
(5) All votes given at any election or elections by
any person contrary to the provisions of this section
shall be utterly void and of no effect.
(6) Every returning officer and deputy shall have
the like power and authority to deal with any person
reasonably suspected of committing or attempting to
commit an offence against any of the provisions of
this section as he has to deal with any person reasonably
suspected of committing or attempting to commit at
any polling place any offences which are made
misdemeanours by this Act."
Consequential
amendment of
No. 3060 ss.
234-242 as
amended by
Nos. 4485 s. 2,
4584 ss. 2, 3,
4091 ss. 3, 4,
10.
Provisions
relating to
voting at
elections,
qualified
unenrolled
voters and
absent voting.
(2) The Principal Act as amended by any Act is hereby
amended as follows :—
(a) In sections two hundred and thirty-four and two
hundred and thirty-five the words " for the
Assembly " shall be repealed ;
(b) In section two hundred and thirty-six—
(i) the words " for the Assembly " (wherever
occurring) shall be repealed ;
(ii) for the words " electoral district"
(wherever occurring) there shall be
substituted the expression " electoral
province [or district]";
(iii) for the words " district aforesaid"
(wherever occurring) there shall be
substituted the words " aforesaid
province or district " ;
(c) In section two hundred and thirty-seven—
(i) after the words "this Division" there,
shall be inserted the words " o r of
Division eleven " ;
(ii) the words " for the Assembly " shall be
repealed ;
(d) In section two hundred and thirty-eight—
(i) for the expression—
" At any election for the Assembly—
(1) Every "
there shall
be
substituted
the
expression—
" (1) At any election every " ;
(ii) In
1950.
Legislative Council Reform.
No. 5465
(ii) In sub-section (3) the words " for the
Assembly " shall be repealed ;
(e) In sections two hundred and thirty-nine and two
hundred and forty the words " for the Assembly "
(wherever occurring) shall be repealed ;
( / ) Above section two hundred and forty-one there
shall be inserted the following heading :—
" DIVISION 11.—VOTING BY QUALIFIED UNENROLLED
VOTERS AND ABSENT VOTERS " ;
(g) In sub-section (1) of section two hundred and
forty-one—
(i) the words "for the Assembly" (where
first occurring) shall be repealed;
(ii) before the words " Division seven " there
shall be inserted the expression
" Division seven of Part III. or " ;
(iii) in paragraph (a) for the words " any
election for the Assembly " there shall
be substituted the words " such
election " ;
(h) In sub-section (2) of section two hundred and
forty-one for the words " preceding provisions
of this Division and all the provisions of
Divisions " there shall be substituted the words
" provisions of Divisions ten " ;
(i) In paragraph (d) of sub-section (3) of section two
hundred and forty-one for the word " district"
there shall be substituted the expression
" province or district (as the case requires) " ;
(j) Section two hundred and forty-two shall be amended
as follows :—
(i) The words " for the Assembly " (wherever
occurring) shall be repealed •
(ii) In sub-section (1) for the word " district "
there shall
be
substituted
the
expression " province or district (as
the case requires) " ;
(iii) In
39
40
1950.
Legislative Council Reform.
No. 5465
(iii) In sub-section (2)—
for the words " electoral district"
(wherever occurring) there shall be
substituted the expression " electoral
province [or district] " ;
for the words " Legislative Assembly "
there shall be substituted the
expression " Legislative Council
[or Legislative Assembly] " ;
for the words " district in " there shall
be substituted the words " province
or district in" ;
for the words " district aforesaid"
(wherever occurring) there shall be
substituted the words " aforesaid
province or district " ;
(iv) In sub-section (3)—
the expression " Subject to the
provisions of paragraph (b) of
sub-section (5) of this section"
shall be repealed ;
in paragraph (c) for the word
" district" there shall be substituted the expression " province
or (as the case requires) district" ;
(v) In sub-sections (4) and (6) for the word
" district " (wherever occurring) there
shall be substituted the words " province
or district " ;
(Jc) For the heading above section two hundred and
forty-three there shall be substituted the following
heading :—
((
Amendment of
DIVISION 12.—PROVISIONS RELATING TO ELECTIONS."
(3) The Principal Act
as amended by any Act is
No. 3660
as. 330-333
as amended by
NO. 4691 s. 3.
vouu g u . 80ry
J
J
hereby
amended as follows :—
J
(a) j n th e heading above section three hundred and
thirty the words " F O R THE ASSEMBLY" shall
be repealed ;
(b) In section three hundred and thirty for the word
" Assembly" (wherever occurring) there shall
be substituted the words " Council or for the
Assembly " ;
(c) In
Legislative
1950.
Council Reform.
No. 5465
41
(c) In section three hundred and thirty-one after t h e
word " section" there shall be inserted the
words " two hundred and thirty-two or
section " ;
(d) In section three hundred and thirty-two for the
word " district" there shall be substituted the
words " province or district" ;
(e) In section three hundred and thirty-three—
(i) for the word " district" there shall be
substituted the words " province or
district" ;
(ii) the expression " (if a n y ) " shall be
repealed.
(4) Divisions one two and three of Part III. of and the Consequential
Second a n d T h i r d Schedules t o t h e Legislative
Council N O S O
Elections Act 1935 are h e r e b y repealed.
Divisions i, 2,
3, and Second
and Third
Schedules.
6. (1) The Principal Act as amended by any Act
i
i
i
n
p n
hereby a m e n d e d a s follows :—
J
/ \ T
j.'
(a) I n section one—
IS Consequential
amendments of
NO.SOGO
ss. 1, 3, 47, 158,
188, 193, 195,
199,200,20/
346, 358, and
(i) opposite the reference to " Part I I I . — KM""" 1 Legislative Council" for the items twenty-sixth
relating to Divisions 7 and 8 there shall SedKa" 1
be substituted the following item :— N ^ ' S I 1
"Division 7.—Electoral Registrars 4533 s?5,8'
and Rolls ss. 70-76 " ;
469i.9*
(ii) opposite the reference to " Part V.—
Elections" for the items relating to
Divisions 10, 11, 12 and 20 there shall
respectively be substituted the following
items :—
" Division 10.—Voting at Elections
ss. 232-240 " ;
"Division 11.—Voting by Qualified
Unenrolled Voters and Absent
Voters ss. 241 and 242 " ;
" Division 12.—Provisions relating
to Elections ss. 243-256 " ;
Lb) In
" Division 20.—Compulsory Voting
at Elections ss. 330-338 " ;
1950.
Legislative Council Reform.
No. 5465
(b) In section three—
(i) the interpretations of "Clerk" "Division"
"Municipality" "Municipal district"
and " Deputy Registrar" shall be
repealed ;
(ii) for the interpretation of " Subdivision "
there shall be substituted the following
interpretation :—
" ' Subdivision ' means subdivision
of a province or district and
includes
any
unsubdivided
district " ;
(c) In section forty-seven the interpretations of " Lessee "
and " assignee", " Occupying tenant" and
" Owner " shall be repealed ;
(d) In section one hundred and fifty-eight the words
" all officers of any municipality" shall be
repealed ;
(e) In section one hundred and eighty-eight the words
" lists and " shall be repealed ;
(/) Section one hundred and ninety-three shall be
amended as follows :—
(i) At the end of sub-section (1) there shall
be inserted the words " and shall be
issued within seven days after the
dissolution of the Council" ;
(ii) In paragraph (d) of sub-section (3) for
the word " fourteen" there shall be
substituted the word " twenty-one " ;
(iii) At the end of the section there shall be
inserted the following sub-section :—
" (5) The writ for every election
to fill the place of a member of
the Council falling vacant, otherwise
than either by effluxion of time or
on a dissolution of the Council, shall
be issued within one month after
the occurrence of the vacancy " ;
1950.
Legislative Council Reform.
No. 5465
(g) In sub-section (1) of section one hundred and
ninety-nine after the word " general" there
shall be inserted the words " or periodical " ;
(h) For section two hundred there shall be substituted
the following section :—
" 200. The returning officer, on receipt
by him of any writ of election, shall
forthwith—
(a) indorse thereon the date of such
receipt; and
(b) give public notice, by advertisement
in some newspaper published in
the province or district, or if
none such is published at least
four days before the day of
nomination then in a Melbourne
daily newspaper, of the purport
of the writ and of the day of
nomination the day of polling
and the return day respectively
mentioned therein, and also of a
place within the province or
district to be appointed by such
returning officer at which he will
receive the nomination papers
and payments hereinafter mentioned " ;
(i) Section two hundred and four shall be repealed;
(j) In sub-section (1) of section three hundred and
forty-six—
(i) the words " two hundred and twenty-six,
or two hundred and thirty, or " shall
be repealed ;
(h) the expression " or under section twelve
or fifteen of the Legislative Council
Elections Act 1935 " shall be repealed ;
(k) In sub-section (3) of section three hundred and
fifty-eight the expression " (upon making the
declaration required by law as to his
qualification) " shall be repealed ;
(I) The Fourth, Fifth, and Fifteenth Schedules shall
be repealed ;
(m) In
43
44
1950.
Legislative Council Reform.
No. 5465
(m) In the Twenty-sixth Schedule—•
(i) the expression " General Roll No.
,
Ratepayers' Roll No.
" shall be
repealed;
(ii) for
the expression
" [or No. of
Application.
Roll No.
]"
there shall be substituted the expression
" Roll No.
";
(n) In the Twenty-ninth Schedule for the expression
" the
Roll (or in the Roll) " there
shall be substituted the words " the Roll".
No. 4350
Pt.II.
(2) Part II. of the Legislative Council Elections Act 1935
is hereby repealed.
No. 4563.
(3) The Legislative Council Electors Act 1938 is hereby
repealed.
(4) Section four of and the Schedule to the Local
Si schedule. Government Act 1938 to the extent to which they are not
see NO. 5203 already repealed are hereby repealed.
Flint Schedule.
J
i.
J
x
PART II.—RE-DEFINITION OP BOUNDARIES OP ELECTORAL
PROVINCES
FOR
LEGISLATIVE
COUNCIL.
7 . In order to enable rolls of electors for the Legislative
of electoral
Assembly to be used for elections for the Legislative Council,
Legislative
the boundaries of the electoral provinces for the Legislative
conlj," NO. 5028 Council provided for in the Principal Act shall be re-defined
B 2in manner hereinafter provided.
Itc-definition
CommJHsioiierH.
8 . (1) For the purposes of the re-definition of the
comj). NO. 5028 fooim(iarics 0 f electoral provinces in accordance with this
Act there shall be three Commissioners appointed by the
Governor in Council.
(2) Of the Commissioners so appointed—
(a) one shall be the Chief Electoral Officer;
(b) one shall be the Commonwealth Electoral Officer
for the State of Victoria; and
(c) one shall be the Secretary for Lands.
(3) The Governor in Council may appoint one of the
Commissioners to be chairman.
9 . At
1950.
Legislative Council Reform.
No. 5465
9. At all meetings of the Commissioners the chairman
45
Proceedings at
if present shall preside and in his absence the Commissioners Commissioners.
present shall appoint one of their number to preside, and comp.No.502s
at all such meetings two Commissioners shall be a quorum
and shall have full power to act, and in the event of an
equality of votes the chairman or presiding Commissioner
shall have a second or casting vote.
10. (1) The Commissioners shall make a proposed
Commissioners
re-definition of the boundaries of the electoral provinces [°roSda
for the purpose and to the extent only of making the of boundaries
boundaries of each province correspond with boundaries of SovSes?1
subdivisions of districts for the Legislative Assembly.
(2) In any case where the Commissioners are of opinion
that the re-definition of a boundary of any province to
correspond with a boundary of an existing subdivision of a
district for the Legislative Assembly would involve a marked
or inconvenient departure from the existing boundary of
the province the Commissioners may as part of and in
furtherance of their proposed re-definition propose that
the district for the Legislative Assembly should be
suitably re-divided or that the boundary of any subdivision
of the district should be suitably altered pursuant to section
one hundred and fifty of the Principal Act.
(3) The boundaries of any province shall not be re-defined
in such a way as to include within the province any subdivision of the Legislative Assembly which was not previously
included either wholly or in part within the province.
(4) Nothing in this Part of this Act shall authorize the
Commissioners to propose any alteration of the name of
any electoral province.
1 1 . Before reporting as hereinafter provided on any power to
T
T n
'•'
/i
/N
• •
T_j.'
l
Commissioners
proposed re-definition the Commissioners may obtain such to obtain
reports
as they deem proper and make such inspections as maKe^ssary
L
J
1. i.
i
inspections.
are necessary.
Comp.
No. 4409 s. 6.
12. The Commissioners shall forward to the Minister
,i
.
,n
T
T p
•, •
,
,i
•,!
their report upon the proposed re-derinition together with
a map signed by the Commissioners showing the name and
the proposed boundaries of each electoral province.
13. The
Report of
Commissioners.
Ib 8 7#
46
1950.
Report and
map to be
laid before
Parliament.
Comp. No. 4409
a. 8.
1 3 . The report and map shall be laid before both Houses
of Parliament within fourteen days after receipt by the
Minister if Parliament is then sitting or if Parliament is
not then sitting within fourteen days after the next meeting
of Parliament.
Adoption of
propoBal.
Reconsideration
of proposal.
Fresh proposal
to be laid
before
Parliament.
Adoption of
fresh
proposal.
Legislative Council Reform.
No. 5465
1 4 . (1) Unless within twenty-eight days after the report
and map are so laid before the Legislative Council each
House of Parliament passes a resolution disapproving the
proposed re-definition or negatives a motion for the approval
of the proposed re-definition the proposed re-definition
shall be deemed to be adopted.
(2) If each House of Parliament passes a resolution
disapproving the proposed re-definition or negatives a motion
for the approval of the proposed re-definition the Minister
may direct the Commissioners to propose a fresh re-definition ;
and the Commissioners shall thereupon reconsider the
re-definition and forthwith propose a fresh re-definition.
(3) The Commissioners shall forward the proposed fresh
re-definition to the Minister who shall cause it to be laid
before both Houses of Parliament within fourteen days after
receipt thereof if Parliament is then sitting, or if Parliament
is not then sitting then within fourteen days after the next
meeting of Parliament.
(4) Unless within twenty-eight days after the proposed
fresh re-definition is so laid before the Legislative Council
each House of Parliament passes a resolution disapproving
the proposed fresh re-definition or negatives a motion for
the approval of the proposed fresh re-definition, the proposed
fresh re-definition shall be deemed to be adopted.
1 5 . (1) When the proposed re-definition or the proposed
fresh re-definition is so adopted or deemed to be adopted
p
440 anc a n
?io *(i?.°" ° ^ y proclamation under section one hundred and fifty
of the Principal Act rendered necessary by the adoption of
any such re-definition is made—
(a) the Governor in Council may by proclamation
published in the Government Gazette declare the
boundaries of the electoral provinces :
Substitution
(b) on from and after a day to be fixed by proclamation
of and
boundaries
of the Governor in Council published in the
declared
for those
Government Gazette (which day is in this Act
previously
existing.
referred to as " the appointed day") the
Proclamation
of electoral
provinces.
electoral
1950.
Legislative Council Reform.
No. 5465
47
electoral provinces as so re-defined shall be the
electoral provinces for the Legislative Council for
the purposes of The Constitution Act Amendment
Acts ; and the boundaries so declared shall be
substituted for those provided for in and shall
take effect as if enacted in the Third Schedule JTO. 3oeo Third
i
ii
T> •
•
l
A J.
i
i?
•
to the Principal Act; and any reierence in
the Principal Act or in any other Act to the
said Third Schedule so far as such reference
relates to provinces shall be deemed and taken
to refer to the said proclamation :
Provided that the re-definition shall not
np
,
i j _ '
1.1
' ±_ c
i * i
Schedule.
Provisions
for casual
ariect any election, the writ for which was vacancies.
issued before the appointed day, of a member
of the Legislative Council to serve in the place
of a member whose seat has become vacant
but for the purposes of any such election the
electoral provinces and any divisions as existing
before the appointed day shall continue to have
full force and effect and rolls for such election
shall be prepared and used accordingly as if there
had been no such re-definition.
(2) The provinces for the Legislative Council shall Re-doflned
be deemed to be the same provinces notwithstanding the deemed to be
c?
fchfi
sums
re-definition of the boundaries thereof pursuant to this provinces and
i.
to be
Part, and the members therefor immediately before the represented
appointed day shall continue as members for the re-defined members.
provinces and their tenure as members shall not be deemed
to be affected by reason of such re-definition.
1 6 . (1) As soon as practicable after the publication in Appointment
of subdivisions
the Government Gazette of a proclamation of the G-overnor and pollingin Council declaring the boundaries of the re-defined electoral
provinces as aforesaid—
(a) the Governor in Council may by proclamation
published in the Government Gazette—
(i) divide any electoral province into
subdivisions each of which shall
correspond with a subdivision of
an electoral district;
(ii) specify the names and boundaries of such
subdivisions ;
(6) polling
48
Transitory
proviBions.
1950.
Legislative Council Reform.
No. 5465
(b) polling places shall be appointed pursuant to section
Q n e hundred and ninety-two of the Principal
Act for the several electoral provinces and
subdivisions proclaimed pursuant to this Part
of this Act.
(2) On from and after the appointed day—
(a) all rolls for the Legislative Council in force
immediately before the appointed day shall cease
to have any further force or effect;
(b) rolls for elections of members of the Legislative
Council shall be prepared pursuant to Division
seven of Part III. of the Principal Act as
amended by Part I. of this Act;
(c) the subdivisions as proclaimed under this section
shall be the subdivisions of the electoral provinces
with the boundaries so proclaimed in all respects
as if such proclamation had been made under
section forty-nine of the Principal Act; and
(d) the polling places appointed for the subdivisions
so proclaimed shall subject to section one hundred
and ninety-two of the Principal Act be the
polling places for such subdivisions.
General powers
1 7 . Without affecting any powers of the Governor in
in Council.
Council or the Minister under this or any other Act the
comp. NO. 4409 G over nor in Council m a y fa) by Order give such directions or provide for all
such matters or things as appear necessary or
expedient for the purposes of the first periodical
election of members of the Legislative Council
held after the appointed day or for the purpose
of any other election for the Legislative Council
held after that day and before that periodical
election or generally for the purposes of carrying
into effect any of the provisions of this Act;
(6) modify any provisions of any proclamation
Order in Council or regulation under any Act
so far as appears necessary or expedient to
give effect to any direction or Order under
this section.
18. (1) On
1950.
Legislative Council
Reform.
No. 5465
49
1 8 . (1) On the appointed day in section forty-nine of ^me3n0d0mesn^9ofag
the Principal Act as amended by a n y Act—
amended by"
x
J
J
N o . 4350 s. 4.
(a) at the end of sub-section (3) there shall be inserted subSfon"01
the following proviso :—
" Provided that each subdivision of a
province shall correspond with a subdivision
of an electoral district " ;
(b) sub-section (5) shall be repealed.
(2) On the appointed day at t h e end of sub-section (1) Amendment of
of section one hundred and fifty of the Principal Act there Power of
Governor in
shall be inserted the following proviso :—
Council as
to subdivisions
" Provided t h a t nothing in this sub-section shall of Sets 3
empower the Governor in Council to alter t h e boundary
of any subdivision where t h a t boundary corresponds
with the boundary of a province of the Legislative
Council."
(3) On the appointed day so much of the Third Schedule Repeal of
to the Principal Act as relates t o divisions of electoral so
Thw
schedule
far as
relates to
provinces shall be repealed.
divisions of
electoral
provinces.
(4) On the appointed day sections two t o twelve of ?e0pnesaeiqofential
The Constitution Act Amendment Act 1936 shall be hereby ^J^40989repealed.