Electoral and Parliamentary Committees
Legislation (Amendment) Act 2006
Act No. 44/2006
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1.
2.
1
Purpose
Commencement
1
2
PART 2—ELECTORAL ACT 2002
3.
4.
5.
6.
7.
8.
9.
10.
3
New Part 6A inserted—Electronic Voting
3
PART 6A—ELECTRONIC VOTING
3
110A. Application of Part 6 to electronic voting
3
110B. No entitlement to electronic voting
3
110C. Where is electronic voting available?
3
110D. Who can access electronic voting?
3
110E. Approval of computer program for electronic voting
3
110F. Security arrangements
5
110G. Ballot-papers
5
110H. Voting
5
110I. Offence in relation to electronic voting
6
Amendment of section 148—False information
7
Amendment of section 149—Forging or uttering electoral papers 7
Amendment of section 150—Voting offences
8
Amendment of section 151—Bribery
8
Amendment of section 152—Interference with political liberty
9
Amendment of section 153—Tampering
9
New section 153A inserted
10
153A. Application provision
10
i
Section
Page
PART 3—CONSTITUTION (PARLIAMENTARY REFORM)
ACT 2003
11.
12.
13.
14.
15.
Amendment of section 26
Amendment of section 32
Amendment of section 42
New section 42A inserted
42A. Form of ballot-paper for the Council
New section 52 inserted
52.
Financial Management Act 1994
PART 4—MAGISTRATES' COURT ACT 1989
16.
Consequential amendment to Schedule 4
PART 5—PARLIAMENTARY COMMITTEES ACT 2003 AND
CONSTITUTION ACT 1975
17.
18.
19.
20.
21.
22.
23.
Amendment of section 3—Definitions
Amendment of section 17—Scrutiny of Acts and Regulations
Committee
Amendment of section 25—Sittings
Amendment of section 28—Evidence
Amendment of section 35—Reports before Parliament
Amendment of section 36—Government responses
Consequential amendment of Constitution Act 1975
═══════════════
ENDNOTES
11
11
12
12
12
12
14
14
15
15
16
16
16
17
17
18
19
20
21
ii
Victoria
No. 44 of 2006
Electoral and Parliamentary
Committees Legislation (Amendment)
Act 2006†
[Assented to 25 July 2006]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to—
(a) amend the Electoral Act 2002 to—
(i) provide for electronic voting by
electors who because of a visual
1
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
s. 2
Part 1—Preliminary
impairment cannot otherwise vote
without assistance;
(ii) clarify that certain electoral offences
are indictable offences;
(b) amend the Constitution (Parliamentary
Reform) Act 2003 to make amendments to
the Electoral Act 2002 to—
(i) provide for the final nomination day
and election day for a by-election;
(ii) provide for a new form of ballot-paper
for the Legislative Council where there
are 20 or more groups;
and to make a consequential amendment to
the Financial Management Act 1994;
(c) amend the Parliamentary Committees Act
2003 to—
(i) enable Joint Investigatory Committees
to use electronic means in conducting
meetings and taking evidence;
(ii) improve the operation of the Act;
(d) consequentially amend the Magistrates'
Court Act 1989 and the Constitution Act
1975.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
2
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
Part 2—Electoral Act 2002
PART 2—ELECTORAL ACT 2002
3. New Part 6A inserted—Electronic Voting
After Part 6 of the Electoral Act 2002 insert—
'PART 6A—ELECTRONIC VOTING
110A. Application of Part 6 to electronic voting
Part 6 applies to and in respect of electronic
voting subject to the provisions of this Part.
110B. No entitlement to electronic voting
This Part does not create an entitlement to
vote by electronic voting.
110C. Where is electronic voting available?
Electronic voting is available at a voting
centre which is designated by the
Commission as an electronic voting centre.
110D. Who can access electronic voting?
Electronic voting can be accessed at an
electronic voting centre by an elector who
because of a visual impairment cannot
otherwise vote without assistance.
110E. Approval of computer program for
electronic voting
(1) The Commission may approve a computer
program to enable electronic voting if the
Commission is satisfied that the criteria
specified in sub-section (2) apply.
3
s. 3
See:
Act No.
23/2002.
Reprint No. 1
as at
8 April 2003
and
amending
Act Nos
2/2003,
91/2003,
114/2003,
10/2004,
85/2004,
108/2004,
18/2005 and
38/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
s. 3
Part 2—Electoral Act 2002
(2) The criteria are—
(a) the proper use of the computer program
will give the same result in the
recording of votes in an election as
would be obtained if no computer
program was used in the recording of
votes;
(b) the computer program will enable an
elector to show consecutive preferences
beginning with the figure "1" or, in the
case of an election for the Legislative
Council, to select only one party or
group in accordance with section
93A(2)(a);
(c) the computer program allows an elector
to correct a mistake before the vote is
processed by the computer program;
(d) the computer program allows an elector
to give an informal vote by selecting no
preferences for any candidate or by
voting for less than the number of
vacancies to be filled at the election;
(e) the computer program allows an elector
to abandon for any reason the electronic
ballot-paper without completing the
vote;
(f) the computer program can produce a
paper record of each vote cast using an
electronic ballot-paper to enable the
counting of votes in the election;
(g) the computer program will prevent any
person from ascertaining the vote of a
particular elector.
(3) The Commission may approve a process for
entering preferences into the approved
computer program.
4
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
Part 2—Electoral Act 2002
110F. Security arrangements
The Commission must ensure that
arrangements are in place to ensure that—
(a) computer programs and electronic
devices used or intended to be used for
or in connection with electronic voting
are kept secure from interference; and
(b) the integrity of voting is maintained
while electronic voting is being used.
110G. Ballot-papers
(1) For the purposes of this Part, a ballot-paper
prepared under section 74 may be in an
electronic form.
(2) The Commission may approve changes to
the electronic form of the ballot-paper which
are necessary to facilitate the display of the
electronic form.
(3) The Commission may approve changes to
the form of the ballot-paper printed from the
ballot-paper in an electronic form.
110H. Voting
(1) In addition to the questions required to be
asked by section 90, an election official may
ask a person claiming to vote by electronic
voting whether the person has a visual
impairment that would require the person to
seek assistance to vote if they could not vote
by electronic voting.
(2) For the purposes of section 92, if section
110D applies to a person entitled to vote, the
person may be given an electronic ballotpaper.
5
s. 3
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
s. 3
Part 2—Electoral Act 2002
(3) A person given an electronic ballot-paper
must comply with sections 93 and 93A in
marking their vote on the electronic ballotpaper.
(4) For the purposes of section 93(6), an elector
using electronic voting is to be taken to have
deposited their vote in the ballot-box when
they submit their electronic ballot-paper
using the approved computer program.
(5) For the purposes of section 98, a person to
whom section 110D applies is entitled to
apply to vote at an early voting centre.
(6) The validity of a vote cast in accordance
with this section cannot be disputed on the
ground that the elector could have voted
without assistance.
110I. Offence in relation to electronic voting
(1) A person must not, without reasonable
excuse, destroy or interfere with any
computer program, data file or electronic
device which is used, or intended to be used,
for or in connection with electronic voting.
(2) A person who contravenes sub-section (1) is
guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum) or level 6 fine
(600 penalty units).'.
6
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
Part 2—Electoral Act 2002
4. Amendment of section 148—False information
(1) The penalty at the foot of section 148(1) of the
Electoral Act 2002 is repealed.
(2) After section 148(1) of the Electoral Act 2002
insert—
"(1A) A person who contravenes sub-section (1) is
guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum) or level 6 fine
(600 penalty units).".
(3) The penalty at the foot of section 148(2) of the
Electoral Act 2002 is repealed.
(4) After section 148(2) of the Electoral Act 2002
insert—
"(3) A person who contravenes sub-section (2) is
guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum) or level 6 fine
(600 penalty units).".
5. Amendment of section 149—Forging or uttering
electoral papers
(1) The penalty at the foot of section 149 of the
Electoral Act 2002 is repealed.
(2) At the end of section 149 of the Electoral Act
2002 insert—
"(2) A person who contravenes sub-section (1) is
guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum) or level 6 fine
(600 penalty units).".
7
s. 4
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
s. 6
Part 2—Electoral Act 2002
6. Amendment of section 150—Voting offences
(1) The penalty at the foot of section 150 of the
Electoral Act 2002 is repealed.
(2) At the end of section 150 of the Electoral Act
2002 insert—
"(2) A person who contravenes sub-section (1) is
guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum) or level 6 fine
(600 penalty units).".
7. Amendment of section 151—Bribery
(1) The penalty at the foot of section 151(1) of the
Electoral Act 2002 is repealed.
(2) After section 151(1) of the Electoral Act 2002
insert—
"(1A) A person who contravenes sub-section (1) is
guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum) or level 6 fine
(600 penalty units).".
(3) The penalty at the foot of section 151(2) of the
Electoral Act 2002 is repealed.
(4) After section 151(2) of the Electoral Act 2002
insert—
"(2A) A person who contravenes sub-section (2) is
guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum) or level 6 fine
(600 penalty units).".
8
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
Part 2—Electoral Act 2002
8. Amendment of section 152—Interference with
political liberty
(1) The penalty at the foot of section 152(1) of the
Electoral Act 2002 is repealed.
(2) After section 152(1) of the Electoral Act 2002
insert—
"(1A) A person who contravenes sub-section (1) is
guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum) or level 6 fine
(600 penalty units).".
(3) The penalty at the foot of section 152(2) of the
Electoral Act 2002 is repealed.
(4) After section 152(2) of the Electoral Act 2002
insert—
"(3) A person who contravenes sub-section (2) is
guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum) or level 6 fine
(600 penalty units).".
9. Amendment of section 153—Tampering
(1) The penalty at the foot of section 153 of the
Electoral Act 2002 is repealed.
(2) At the end of section 153 of the Electoral Act
2002 insert—
"(2) A person who contravenes sub-section (1) is
guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum) or level 6 fine
(600 penalty units).".
9
s. 8
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
s. 10
Part 2—Electoral Act 2002
10. New section 153A inserted
After section 153 of the Electoral Act 2002
insert—
"153A. Application provision
Sections 148, 149, 150, 151, 152 and 153 as
amended by the Electoral and
Parliamentary Committees Legislation
(Amendment) Act 2006 apply to an offence
against any of those sections committed on
or after the commencement of the Electoral
and Parliamentary Committees
Legislation (Amendment) Act 2006.".
__________________
10
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
Part 3—Constitution (Parliamentary Reform) Act 2003
PART 3—CONSTITUTION (PARLIAMENTARY REFORM)
ACT 2003
11. Amendment of section 26
After section 26(7) of the Constitution
(Parliamentary Reform) Act 2003 insert—
'(7A) After section 63(7) of the Electoral Act
2002 insert—
"(8) Subject to sub-section (9), if an election
is a by-election, the final nomination
day must be a day within the period
that—
(a) starts 10 days after the date of the
writ; and
(b) ends 28 days after the date of the
writ.
(9) If a candidate for an election which is a
by-election dies before noon on the
final nomination day for the
by-election, the final nomination day
(except for the purposes of subsection (10)) is to be the next day.
(10) The election day for an election which
is a by-election must be a Saturday
within the period that starts 15 days
after the final nomination day and ends
30 days after the final nomination
day.".'.
11
s. 11
See:
Act No.
2/2003
and
amending
Act Nos
85/2004 and
38/2005.
Statute Book:
www.dms.
dpc.vic.
gov.au
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
s. 12
Part 3—Constitution (Parliamentary Reform) Act 2003
12. Amendment of section 32
(1) In section 32(3) of the Constitution
(Parliamentary Reform) Act 2003, in the
proposed section 74(3A) of the Electoral Act
2002 after "Council election" insert "at which
there are fewer than 20 groups of candidates".
(2) In section 32(3) of the Constitution
(Parliamentary Reform) Act 2003, after the
proposed section 74(3A) of the Electoral Act
2002 insert—
"(3AA) The Commission must cause ballot-papers to
be printed to be used in a Council election at
which there are 20 or more groups of
candidates with the names of all the
candidates at the election and of no other
persons, in the form of Schedule 1B and in
the order determined by the election
manager.".
13. Amendment of section 42
In section 42 of the Constitution (Parliamentary
Reform) Act 2003, in the heading of proposed
Schedule 1A of the Electoral Act 2002 after
"COUNCIL" insert "(FEWER THAN
20 GROUPS)".
14. New section 42A inserted
After section 42 of the Constitution
(Parliamentary Reform) Act 2003 insert—
'42A. Form of ballot-paper for the Council
Before Schedule 2 to the Electoral Act 2002
insert—
12
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
Part 3—Constitution (Parliamentary Reform) Act 2003
s. 14
"SCHEDULE 1B
FORM OF BALLOT-PAPER FOR THE COUNCIL (20 OR MORE
GROUPS)
Section 74(3AA)
For your vote to count, you must vote in either one of the two ways
described below
________
D
EITHER
________
I
R
E
C
________
OR
T ________
I
O
N
S
1.
2.
3.
4.
Place the
number 1 in
one, and one
only of these
squares to
indicate your
choice.
Place the
numbers 1 to
at least 5 in
these squares
to indicate
your choice.
A
†
B
OR
†
OR
...
OR
L
Ballot-paper
†
Region of [4]
2
2
2
M
N
Z
†
OR
2
†
OR
...
OR
2
†
2
A
B
† 13
† 13
...
† 13
† 13
† 13
...
† 13
† 13
† 13
...
† 13
† 13
† 13
...
† 13
† 13
† 13
...
† 13
† 13
† 13
...
† 13
Election of
5 members of
the Legislative
Council
L
M
N
† 13
† 13
...
† 13
Z
Ungrouped
† 13
† 13
...
† 13
† 13
† 13
...
† 13
† 13
† 13
...
† 13
† 13
† 13
...
† 13
† 13
† 13
...
† 13
† 13
† 13
† 13
† 13
† 13
Here insert name of a candidate.
Here insert name of registered political party or composite name of registered political
parties if so requested.
Here insert name of a registered political party if to be printed and the suburb or locality
of the candidate's address in respect of which the candidate is enrolled.
Here insert name of region.
Fold the ballot-paper and put it in the ballot-box or declaration envelope,
as appropriate.
__________________".'.
13
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
s. 15
Part 3—Constitution (Parliamentary Reform) Act 2003
15. New section 52 inserted
After section 51 of the Constitution
(Parliamentary Reform) Act 2003 insert—
'52. Financial Management Act 1994
In section 27 of the Financial Management
Act 1994 for "general election of members
of the Legislative Assembly" substitute
"general election within the meaning of
section 3 of the Electoral Act 2002".'.
__________________
14
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
Part 4—Magistrates' Court Act 1989
PART 4—MAGISTRATES' COURT ACT 1989
16. Consequential amendment to Schedule 4
In Schedule 4 of the Magistrates' Court Act
1989, clause 52 is repealed.
__________________
15
s. 16
See:
Act No.
51/1989.
Reprint No. 11
as at
1 July 2005
and
amending
Act Nos
45/2005,
80/2005,
87/2005,
93/2005,
2/2006, 9/2006
and 12/2006.
LawToday:
www.dms.
dpc.vic.
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Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
s. 17
Part 5—Parliamentary Committees Act 2003 and Constitution Act 1975
PART 5—PARLIAMENTARY COMMITTEES ACT 2003 AND
CONSTITUTION ACT 1975
17. Amendment of section 3—Definitions
See:
Act No.
110/2003
and
amending
Act Nos
108/2004,
18/2005 and
20/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
In section 3 of the Parliamentary Committees
Act 2003, after the definition of "Assembly"
insert—
' "audio link" means facilities (including
telephone) that enable audio communication
between persons at different locations;
"audio visual link" means facilities (including
closed-circuit television) that enable audio
and visual communication between persons
at different locations;'.
18. Amendment of section 17—Scrutiny of Acts and
Regulations Committee
For section 17(c) of the Parliamentary
Committees Act 2003 substitute—
"(c) to consider any Act that was not considered
under paragraph (a) or (b) when it was a
Bill—
(i) within 30 days immediately after the
first appointment of members of the
Committee after the commencement of
each Parliament; or
(ii) within 10 sitting days after the Act
receives Royal Assent—
whichever is the later, and to report to the
Parliament with respect to that Act or any
matter referred to in those paragraphs;".
16
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
Part 5—Parliamentary Committees Act 2003 and Constitution Act 1975
19. Amendment of section 25—Sittings
(1) In section 25(1) of the Parliamentary
Committees Act 2003 for "sub-sections (2)
and (3)" substitute "this section".
(2) After section 25(3) of the Parliamentary
Committees Act 2003 insert—
"(4) Subject to sub-section (5), a Joint
Investigatory Committee may conduct all or
any part of a meeting at which one or more
members participate by audio link or audio
visual link.
(5) A Joint Investigatory Committee may only
use an audio link or audio visual link if—
(a) the Joint Investigatory Committee has
by a unanimous resolution approved the
use of the audio link or audio visual
link; and
(b) the Joint Investigatory Committee is
satisfied that the quality of the audio
link or audio visual link will enable
members who are present at a meeting
to verify the identity of a member
participating by the audio link or audio
visual link.".
20. Amendment of section 28—Evidence
(1) After section 28(3) of the Parliamentary
Committees Act 2003 insert—
"(3A) A Joint Investigatory Committee may take
evidence in any manner that the Joint
Investigatory Committee considers
appropriate including by means of audio
link, audio visual link or any other electronic
means.
17
s. 19
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
s. 21
Part 5—Parliamentary Committees Act 2003 and Constitution Act 1975
(3B) A Joint Investigatory Committee must
determine what weight or value to give to
evidence received by different means in
accordance with sub-section (3A).".
(2) After section 28(4) of the Parliamentary
Committees Act 2003 insert—
"(4A) An oath to be sworn or affirmation to be
made by a witness who is to give evidence
by audio link or audio visual link may be
administered either—
(a) by means of the audio link or audio
visual link, in as nearly as practicable
the same way as if the witness were to
give evidence at the place at which the
Joint Investigatory Committee is
sitting; or
(b) at the direction of, and on behalf of, the
Joint Investigatory Committee at the
place where the witness is located by a
person authorised by the Joint
Investigatory Committee.".
21. Amendment of section 35—Reports before
Parliament
For section 35(1) of the Parliamentary
Committees Act 2003 substitute—
"(1) After a report of a Joint Investigatory
Committee is adopted by the Committee, the
chairperson of the Committee must—
(a) cause the report to be laid before each
House of the Parliament within
10 sitting days; or
18
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
Part 5—Parliamentary Committees Act 2003 and Constitution Act 1975
(b) if the Parliament is not sitting within
21 days of the adoption of the report
and the Committee unanimously so
resolves, give the report to the clerk of
each House.".
22. Amendment of section 36—Government responses
(1) For section 36(1) of the Parliamentary
Committees Act 2003 substitute—
"(1) If a Joint Investigatory Committee's report to
the Parliament recommends that the
Government take a particular action with
respect to a matter, within 6 months of the
report being laid before both Houses of the
Parliament or being received by the clerks of
both Houses of the Parliament, the
appropriate responsible Minister must
provide the Parliament with a response to the
Committee's recommendations.
(1A) If a House of the Parliament is not sitting
within the period specified in sub-section (1),
the appropriate responsible Minister must
give a response to the report to the clerk of
each House.".
(2) In sections 36(2) and 36(3) of the Parliamentary
Committees Act 2003 for "sub-section (1)(b)"
substitute "sub-section (1A)".
19
s. 22
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
s. 23
See:
Act No.
8750.
Reprint No. 17
as at
1 May 2005
and
amending
Act Nos
16/2005,
20/2005,
25/2005,
30/2005,
38/2005 and
14/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
Part 5—Parliamentary Committees Act 2003 and Constitution Act 1975
23. Consequential amendment of Constitution Act 1975
(1) In section 19A(3) of the Constitution Act 1975
after "such committee" insert "including by
means of audio link or audio visual link in
accordance with section 28(4A) of the
Parliamentary Committees Act 2003".
(2) In section 19A(5)(c) of the Constitution Act 1975
after "that Act" insert "or if section 28(4A)(b) of
that Act applies, a person authorised by the Joint
Investigatory Committee for the purposes of that
section".
═══════════════
20
Electoral and Parliamentary Committees Legislation
(Amendment) Act 2006
Act No. 44/2006
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 31 May 2006
Legislative Council: 18 July 2006
The long title for the Bill for this Act was "to amend the Electoral Act
2002, the Constitution (Parliamentary Reform) Act 2003 and the
Parliamentary Committees Act 2003, to consequentially amend the
Constitution Act 1975 and the Magistrates' Court Act 1989 and for
other purposes."
21