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Version No. 001

Electoral Regulations 2012S.R. No. 86/2012

Version as at 31 August 2012

TABLE OF PROVISIONSRegulation Page

PART 1—PRELIMINARY 1

1 Objective 12 Authorising provision 13 Commencement 14 Revocation 15 Definitions 16 Forms 2

PART 2—ENROLMENT PROCEDURES AND INFORMATION 3

7 Claim for enrolment or provisional enrolment 38 Enrolment by physically incapacitated persons 39 Processing of claims for enrolment and notices of change of

address 310 Application to be a general postal voter 411 Processing of application to be a general postal voter 412 Review and cancellation of designation as a general postal voter 513 Request for address not to be shown on roll 514 Objection to a person's enrolment 515 Notice of objection 5

PART 3—ELECTION PROCEDURES 6

16 Nomination form 617 How-to-vote card declaration 618 Endorsement of how-to-vote card 719 Minimum size of logo, emblem or insignia 7

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PART 4—VOTING 8

20 Declaration as to identity 821 Application to vote by post 822 Postal voter declaration 823 Receipt and forwarding of postal vote envelopes 824 Forwarding of early votes 925 Forwarding of early votes from Antarctica 926 Declaration under section 108 927 Forms of identification 928 Statement of person's rights under section 108 1029 Determination of entitlement to be enrolled and vote 1030 Declaration of absent voter 1131 Forwarding of absent votes 1132 Declaration of elector claiming no ballot-paper received 11

PART 5—ELECTRONIC VOTING AT OVERSEAS OR INTERSTATE EARLY VOTING CENTRES 12

33 Electronic voting at overseas or interstate early voting centres 1234 Where is electronic voting available? 1235 Approval of computer program for electronic voting 1236 Security arrangements 1437 Ballot-papers 1438 Voting 14

PART 6—ELECTION RESULTS 16

39 Preliminary scrutiny of declaration votes—general 1640 Preliminary scrutiny of postal vote declarations 1641 Preliminary scrutiny of declarations under section 108 1742 Preliminary scrutiny of written absent declarations under

section 109 1743 Preliminary scrutiny of declarations under section 110 1844 Extraction of ballot-papers from accepted declaration envelopes 1845 Ballot material to be secured and stored 18

PART 7—ENFORCEMENT AND OFFENCES 20

46 Notice to elector who has apparently failed to vote 2047 Reply to notice by elector 20

PART 8—GENERAL 21

48 Official mark on ballot-papers 21__________________

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SCHEDULE 22

Form A—Electoral Enrolment Form 22

Form B—Application to be a General Postal Voter 23

Form C—Request by Elector for Address Not to be Shown on Electoral Roll 25

Form D—Objection to Enrolment of a Person 26

Form E—Notice of Objection 27

Form F—Nomination of a Candidate for the Legislative Assembly/Council 28

Form G—Single Electorate How-To-Vote Card Declaration 30

Form H—Multiple Electorate How-To-Vote Card Declaration 31

Form I—Declaration as to Identity 32

Form J—Application for a Postal Vote 33

Form K—Postal Voter Declaration 34

Form L—Application for Enrolment/Provisional Vote and Statement under Section 108 of the Electoral Act 2002 35

Form M—Declaration by Absent or Section 110 Voters 39

Form N—Apparent Failure to Vote 40

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ENDNOTES 41

1. General Information 41

2. Table of Amendments 42

3. Explanatory Details 43

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Version No. 001


Version as at 31 August 2012

PART 1—PRELIMINARY

1 Objective

The objective of these Regulations is to facilitate the enrolment of electors and the conduct of parliamentary elections.

2 Authorising provision

These Regulations are made under section 184 of the Electoral Act 2002.

3 Commencement

These Regulations come into operation on 31 August 2012.

4 Revocation

The following Regulations are revoked—

(a) the Electoral Regulations 20021;

(b) the Electoral (Amendment) Regulations 20062;

(c) the Electoral Amendment (Electoral Participation) Regulations 20103.

5 Definitions

In these Regulations—

Australian driver licence means—

(a) a driver licence within the meaning of the Road Safety Act 1986;

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(b) a driver licence issued under the law of another State or of a Territory corresponding to the Road Safety Act 1986;

Australian learner permit means—

(a) a learner permit granted under the Road Safety Act 1986;

(b) an interstate learner permit within the meaning of section 3 of the Road Safety Act 1986;

the Act means the Electoral Act 2002;

VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010;

Victorian identification means an identification issued to a person by the State or a statutory authority established under an Act that includes—

(a) the person's name; and

(b) the person's residential address; and

(c) the person's date of birth; and

(d) a photograph of the person.

6 Forms

(1) A reference to a Form is a reference to the appropriate form in the Schedule.

(2) A form in the Schedule is not invalid because in addition to matter relating to enrolment on the register of electors, it contains matter relating to the enrolment of an elector for Commonwealth purposes.

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PART 2—ENROLMENT PROCEDURES AND INFORMATION

7 Claim for enrolment or provisional enrolment

For the purposes of section 23 of the Act, a claim for enrolment or for provisional enrolment must be in accordance with Form A.

8 Enrolment by physically incapacitated persons

(1) If a person wishes to make a claim for enrolment or for provisional enrolment, and a registered medical practitioner has certified in writing that the person is so physically incapacitated that the person cannot sign the claim, another person may, on behalf of the person, complete and sign the claim in accordance with the directions of the first-mentioned person.

(2) If an elector wishes to notify the Commission of a change in the elector's principal place of residence, and a registered medical practitioner has certified in writing that the elector is so physically incapacitated that the elector cannot sign the notice, another person may, on behalf of the elector, complete and sign the notice in accordance with the directions of the elector.

(3) A certificate referred to in subregulation (1) or (2) must be lodged with the claim or notice to which it refers.

9 Processing of claims for enrolment and notices of change of address

For the purposes of section 23(6) of the Act, if the Commission receives a claim for enrolment or a notice of a change of an elector's address, the Commission must—

(a) note the date of receipt; and

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(b) if the Commission is satisfied that the person is entitled to be enrolled or that the notice is correct—

(i) enter on the register of electors the name of the person and particulars relating to the person; and

(ii) notify the person in writing of the particulars of the person's enrolment.

10 Application to be a general postal voter

(1) The application form to be used by an elector applying to be a general postal voter under section 24(1) of the Act must be in accordance with Form B.

(2) The application form to be used by a person on behalf of an elector applying to be a general postal voter referred to in section 24(2) of the Act must be in accordance with Form B.

11 Processing of application to be a general postal voter

(1) For the purposes of section 24(5) of the Act, an application to be a general postal voter must be lodged with the Commission in a manner approved by the Commission.

(2) If the Commission is satisfied that an applicant to be a general postal voter is enrolled and is eligible to be a general postal voter, the Commission must—

(a) record on the register of electors that the applicant is a general postal voter; and

(b) advise the applicant in writing of the decision to accept the application.

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12 Review and cancellation of designation as a general postal voter

For the purposes of section 27 of the Act, the Commission—

(a) may from time to time review the eligibility of general postal voters to be general postal voters;

(b) if satisfied that a general postal voter has ceased to be eligible to be a general postal voter, must cancel the elector's designation as a general postal voter on the register of electors;

(c) must notify an elector in writing of any cancellation of the elector's designation as a general postal voter, except if the Commission is satisfied that the elector has died.

13 Request for address not to be shown on roll

For the purposes of section 31(1) of the Act, a request for the address of an elector not to be shown on any electoral roll must be in accordance with Form C.

14 Objection to a person's enrolment

For the purposes of section 38(2) of the Act, an objection to the enrolment of a person must be in accordance with Form D.

15 Notice of objection

For the purposes of section 39(2) of the Act, notice to a person of an objection to the person's enrolment must be in accordance with Form E.

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PART 3—ELECTION PROCEDURES

16 Nomination form

For the purposes of section 69(2) or (3) of the Act, the nomination of a candidate must be made in accordance with Form F.

17 How-to-vote card declaration

(1) For the purposes of section 77(2) or 78(2) of the Act—

(a) a person submitting one or more single electorate how-to-vote cards to an election manager or the Commission for registration by the Commission must make a declaration in accordance with Form G;

(b) a person submitting a multiple electorate how-to-vote card to the Commission for registration by the Commission must make a declaration in accordance with Form H;

(c) if a how-to-vote card submitted for registration contains a section in a language other than English, the person submitting the card for registration must submit with the card—

(i) an accurate translation into English of the section in a language other than English; and

(ii) a declaration that the translation is fair in accordance with Form G or Form H, as the case requires.

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18 Endorsement of how-to-vote card

For the purposes of section 79(2)(e) of the Act, a how-to-vote card submitted for registration by the Commission must be endorsed at the foot of the card—

"Registered by the Victorian Electoral Commission".

19 Minimum size of logo, emblem or insignia

For the purposes of sections 79(2)(b) and 80(4)(b) of the Act, the prescribed size of any logo, emblem or insignia belonging to the person, political party, organisation or group on whose behalf a how-to-vote card is to be distributed appearing on the how-to-vote card is four square centimetres in size.

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PART 4—VOTING

20 Declaration as to identity

For the purposes of section 91 of the Act, a declaration as to identity must be in accordance with Form I.

21 Application to vote by post

For the purposes of section 101 of the Act, the application form to be used by an elector applying to vote by post must be in accordance with Form J.

22 Postal voter declaration

For the purposes of section 104 of the Act, a postal voter declaration must be printed on an envelope in accordance with Form K.

23 Receipt and forwarding of postal vote envelopes

(1) Upon receipt of a postal vote envelope under section 106 of the Act, the Commission must record that it has received the envelope and the date on which this occurred.

(2) Upon receipt of a postal vote envelope at a voting centre under section 106 of the Act, an election manager or election official must—

(a) endorse the envelope with the place and date of receipt; and

(b) sign the envelope; and

(c) place the envelope in a sealed ballot box.

(3) The Commission and each election manager or election official must forward each postal vote envelope unopened to the appropriate election manager.

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24 Forwarding of early votes

After 6 p.m. on election day, an election manager or election official in charge of an early voting centre must forward all early votes received at that centre to the appropriate election manager.

25 Forwarding of early votes from Antarctica

(1) Before 6 p.m. on election day, an Antarctic elector who has voted must transmit electronically his or her completed ballot-paper to the Commission.

(2) Upon receipt of a ballot-paper from Antarctica, the Commission must forward the ballot-paper to the relevant election manager.

26 Declaration under section 108

For the purposes of section 108 of the Act, an enrolment application and a declaration of a person whose name is not, or cannot be found, on an electoral roll and who claims to be entitled to vote must be printed on an envelope in accordance with Form L.

27 Forms of identification

(1) For the purposes of section 108(1)(d)(i) of the Act, a prescribed form of identification is—

(a) an Australian driver licence or an Australian learner permit;

(b) a current rates notice issued by a Council within the meaning of the Local Government Act 1989;

(c) a current electricity account from a distribution company within the meaning of the Electricity Industry Act 2000;

(d) a current Victorian identification.

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(2) For the purposes of section 108(1)(d)(ii) of the Act, the prescribed list of service providers to enable identification of a person is—

(a) a distribution company within the meaning of the Electricity Industry Act 2000 or a retailer within the meaning of that Act;

(b) VicRoads;

(c) a Council within the meaning of the Local Government Act 1989;

(d) a provider of premises which is a mobile voting centre designated by the Commission under section 65 of the Act;

(e) any other entity that issues Victorian identifications.

28 Statement of person's rights under section 108

For the purposes of section 108(3) of the Act, the written statement setting out a person's rights must be in accordance with the statement contained in Form L.

29 Determination of entitlement to be enrolled and vote

(1) After 6 p.m. on election day, each election official must—

(a) forward or transfer electronically to the Commission any enrolment applications and accompanying declarations made under section 108 of the Act; and

(b) forward to the relevant election manager the fastened envelopes containing ballot-papers referred to in section 108(6) of the Act.

(2) If the Commission receives an enrolment application from a person under section 108 of the Act and the Commission is satisfied that the person is entitled to be enrolled, the Commission must—

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(a) enter on the register of electors the name of that person and particulars relating to the person; and

(b) advise the person in writing that the person has been registered on the register of electors.

(3) The Commission must forward a report to the relevant election manager as to each applicant's entitlement to vote.

30 Declaration of absent voter

For the purposes of section 109(5) of the Act, the declaration of an absent voter must be printed on an envelope in accordance with Form M.

31 Forwarding of absent votes

After 6 p.m. on election day, each election manager must forward to the relevant election manager the fastened envelopes containing absent votes.

32 Declaration of elector claiming no ballot-paper received

For the purposes of section 110 of the Act, the declaration of an elector who claims not to have received a ballot-paper must be printed on an envelope in accordance with Form M.

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PART 5—ELECTRONIC VOTING AT OVERSEAS OR INTERSTATE EARLY VOTING CENTRES

33 Electronic voting at overseas or interstate early voting centres

For the purposes of section 100(3) of the Act, the procedures applying for electronic voting at overseas or interstate early voting centres appointed by the Commission under section 100(1) of the Act are the procedures set out in this Part.

34 Where is electronic voting available?

Electronic voting may be made available at an overseas or interstate early voting centre which is designated by the Commission as an electronic voting centre under section 110C of the Act.

35 Approval of computer program for electronic voting

(1) The Commission may approve a computer program to enable electronic voting in accordance with this Part if the Commission is satisfied that the following criteria apply—

(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 a visual display or auditory description (including the names and order of the candidates and other details about the candidates as they appear on the ballot-paper) of the ballot-paper and voting instructions to be provided to an elector so that the elector may vote using a touch screen or a keypad;

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(c) the computer program will enable an elector—

(i) to select consecutive preferences beginning with the figure "1"; or

(ii) in the case of an election for the Legislative Council, to select only one party or group in accordance with section 93A(2)(a) of the Act;

(d) the computer program allows an elector to correct a mistake before the vote is processed by the computer program;

(e) 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;

(f) the computer program allows an elector to abandon for any reason the electronic ballot-paper without completing the vote;

(g) 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;

(h) the computer program will prevent any person from ascertaining the vote of a particular elector.

(2) The Commission may approve a process for entering preferences into the computer program approved under subregulation (1).

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36 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 in accordance with this Part are kept secure from interference; and

(b) the integrity of voting is maintained while electronic voting is being used.

37 Ballot-papers

(1) For the purposes of this Part, a ballot-paper prepared under section 74 of the Act 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 visual display or auditory description 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.

38 Voting

(1) Subject to subregulation (2), an election official must ask a person claiming to vote by electronic voting in accordance with this Part the following questions—

(a) What is your full name?

(b) Where do you live?

(c) Have you voted before in this election?

(2) The election official must not ask the question specified in subregulation (1)(b) if the elector is a silent elector or an itinerant elector.

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(3) The election official must reject a person's claim to vote by electronic voting in accordance with this Part if the person—

(a) refuses to answer fully the questions asked; or

(b) answers the question specified in subregulation (1)(c) in the affirmative.

(4) The election official must not reject a claim to vote by electronic voting in accordance with this Part as a result of any mistake in the electoral roll if the voter is sufficiently identified in the opinion of the election official.

(5) For the purposes of section 92 of the Act, a person entitled to vote in accordance with this Part may be given access to an electronic ballot-paper.

(6) If an elector given access to an electronic ballot-paper has complied with the voting instructions provided and the vote is processed by the computer program, the elector is to be taken for the purposes of sections 93 and 93A of the Act to have marked the elector's vote on the ballot-paper in accordance with those sections.

(7) For the purposes of section 93(6) of the Act, an elector using electronic voting is to be taken to have deposited the elector's vote in the ballot-box when the elector submits the elector's electronic ballot-paper using the computer program approved under this Part.

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PART 6—ELECTION RESULTS

39 Preliminary scrutiny of declaration votes—general

The election manager must conduct the preliminary scrutiny of declaration votes no earlier than 8 a.m. on the Monday immediately before election day—

(a) with the assistance of as many election officials as are necessary;

(b) in the presence of any scrutineers who choose to be present;

(c) in the presence of any person authorised by the Commission to be present.

40 Preliminary scrutiny of postal vote declarations

(1) The election manager must, except in the case of a declaration of a general postal voter—

(a) compare the signature of the elector on each postal vote declaration with the signature of the same elector on the postal vote application;

(b) allow scrutineers to inspect the signatures.

(2) A ballot-paper marked by a postal voter or a general postal voter under section 106 of the Act must be accepted for further scrutiny if the election manager is satisfied that—

(a) the signature on the declaration is that of the elector who signed the postal vote application or the declaration is that of the general postal voter; and

(b) the declaration has been witnessed by an authorised witness; and

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(c) the voter is enrolled for the address marked on the application or is entitled to be so enrolled.

(3) If the election manager is not satisfied under subregulation (2), the ballot-paper must be disallowed without opening the envelope.

41 Preliminary scrutiny of declarations under section 108

(1) A ballot-paper marked by a voter under section 108 of the Act must be accepted for further scrutiny if the election manager is satisfied that—

(a) the voter is entitled to be enrolled for the address claimed or omitted from the roll in error; and

(b) the declaration has been properly completed.


42 Preliminary scrutiny of written absent declarations under section 109

(1) A ballot-paper marked by an absent voter under section 109 of the Act must be accepted for further scrutiny and the absent voter must be recorded on the electoral roll as having voted if the election manager is satisfied that—

(a) the absent voter was, at the close of the roll for the election, enrolled for the address claimed or omitted from the roll in error; and



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43 Preliminary scrutiny of declarations under section 110

(1) A ballot-paper marked by an elector referred to in section 110 of the Act must be accepted for further scrutiny if the election manager is satisfied that—

(a) the name of the elector was marked on the electoral roll in error; and



44 Extraction of ballot-papers from accepted declaration envelopes

The election manager must—

(a) when extracting the ballot-papers from the accepted declaration envelopes, ensure that no person can discover how an elector has voted;

(b) keep the ballot-papers secure for further scrutiny.

45 Ballot material to be secured and stored

For the purposes of section 122 of the Act, the election manager must, after the close of voting—

(a) enclose in one or more boxes—

(i) all used ballot-papers;

(ii) all unused ballot-papers;

(iii) all ballot-papers marked as spoiled or discarded;

(iv) all postal vote applications;

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(v) all used declaration envelopes (both those accepted and those rejected);

(vi) all copies of the electoral roll and other papers used in connection with the election;

(b) secure the boxes;

(c) write on each box—

(i) a description of the contents;

(ii) the name of the relevant district or region;

(iii) the date of the election; and

(iv) his or her signature;

(d) deliver the parcels to the Commission to be kept safely until the completion of any proceedings in the Court of Disputed Returns.

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PART 7—ENFORCEMENT AND OFFENCES

46 Notice to elector who has apparently failed to vote

For the purposes of section 163(1) of the Act, the notice must be in accordance with Form N.

47 Reply to notice by elector

For the purposes of section 164 of the Act, the form of reply of any elector to the notice must be in accordance with Form N.

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PART 8—GENERAL

48 Official mark on ballot-papers

For the purpose of section 112 of the Act, the prescribed official mark to be borne by ballot-papers is—

(a) a water mark in the paper as approved by the Commission; or

(b) an overprinting of the paper in a particular manner approved by the Commission, and the use of words, a design, or logo, approved by the Commission; or

(c) a unique print identification number.

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SCHEDULE

FORM ARegulation 7

ELECTORAL ENROLMENT FORMDetails of applicant

Title:

Surname:

Given names:

Residential address:

Postal address:

Male/Female:

Date of birth:

I am an Australian citizen: YES/NO

Former surname, if any:

Former given names, if any:

Immediate former residential address, if any:

Signature or mark:

Date:

Details of witness

Signature:

Surname:

Given names:


Date:

__________________

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FORM BRegulation 10

APPLICATION TO BE A GENERAL POSTAL VOTERDetails of applicant

Title:

Surname:

Given names:


Postal address:

Male/Female:

Date of birth:

Indicate which of the following applies:

I apply to be a general postal voter for the following reason—

• I am an elector whose principal place of residence is not within 20 kilometres by the nearest practicable route of an election day voting centre.

• I am an elector who, because of serious illness or infirmity, is unable to travel to an election day voting centre.

• I am an elector who, because of caring for a seriously ill or infirm person other than in a hospital, is unable to travel to an election day voting centre.

• I am an elector who has attained 70 years of age.

• I am an elector who is serving a sentence of imprisonment or is otherwise in lawful custody or detention.

• I am an elector whose address has been excluded from any electoral roll under section 31 of the Act (silent elector).

• I am an elector who, because of my religious beliefs or membership of a religious order, is precluded from attending an election day voting centre or is precluded from doing so for a greater part of the hours of voting.

Signature or mark of elector:

Date:

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Or, if a registered medical practitioner has certified in writing that the elector is so physically incapacitated that the elector could not sign his or her name

Signature of person signing at the request and on behalf of the elector:

Date:

Details of person signing application

Surname:

Given names:


__________________

Sch.


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FORM CRegulation 13

REQUEST BY ELECTOR FOR ADDRESS NOT TO BE SHOWN ON ELECTORAL ROLL

Details of person making request

Title:

Surname:

Given names:


Postal address:

Male/Female:

Date of birth:

I request that the address of my principal place of residence not be shown on any electoral roll.

Having my residential address shown on any electoral roll places the personal safety of myself or members of my family at risk as declared on the statutory declaration accompanying this form.

Signature of elector:

Date:

__________________

Sch.


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FORM DRegulation 14

OBJECTION TO ENROLMENT OF A PERSONDetails of the person whose enrolment is objected to

Surname:

Given names:


Ground for objection—

• The person is not entitled to be enrolled;

or

• The address for which the person is enrolled is not the person's principal place of residence.

Details of elector making this objection

Surname:

Given names:


Date of birth:

Signature:

Date:

__________________

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FORM ERegulation 15

NOTICE OF OBJECTIONGrounds for objection

Details of person whose enrolment is objected to

Surname:

Given names:


Your response must be received within 20 days after the posting of this notice. Your response will then be assessed. If no response is received, your name will be removed from the register of electors.

Victorian Electoral Commission

Date:

__________________

Sch.


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FORM FRegulation 16

NOMINATION OF A CANDIDATE FOR THE LEGISLATIVE ASSEMBLY/COUNCIL

PART 1

NOMINATION BY REGISTERED OFFICER OF PARTY ENDORSING CANDIDATE

To the Victorian Electoral Commission

I, [insert name], the registered officer of the [insert name of registered political party], nominate the person or persons named in Part 2 of this form as a candidate or as candidates for election to the Legislative Assembly/Council for the Electoral District(s)/Region(s) named in Part 2.

Signature of registered officer:

Date:

Form in which registered political party's name is to appear on ballot-paper:

NOMINATION BY ELECTORS

To the Election Manager for the Electoral District/Region of [insert name of District/Region].

We are electors on the electoral roll for the above electorate and are entitled to vote at the election for a member of the Legislative Assembly/Council for that electorate. We nominate the person named in Part 2 of this form as a candidate for election to the Legislative Assembly/Council for the above electorate.

For a candidate for the Legislative Assembly, 6 nominators are required.

For a candidate for the Legislative Council, 50 nominators are required.

Each nominator must set out his or her full name, residential address for which he or she is enrolled, date of birth and signature.

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PART 2

CANDIDATE DETAILS

Full name of candidate (as appears on the register of electors):

Residential address for which candidate is enrolled:

Postal address:

Form in which given names appear on ballot-paper:

Contact details for publication:

I, [insert name], the candidate named above, consent to nomination as a candidate for election to the Legislative Assembly/Council for the above electorate, and I declare that I am qualified under the Constitution Act 1975 to be elected a member of the Legislative Assembly/Council.

Signature of candidate:

Date:

Making a false statement is an indictable offence (5 years maximum imprisonment or a fine up to 600 penalty units).

__________________

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FORM GRegulation 17

SINGLE ELECTORATE HOW-TO-VOTE CARD DECLARATION

Declaration to be made by a person submitting single electorate how-to-vote card/s for registration.

I, [insert name]

of [specify address and telephone number for contact purposes]

declare that I am authorised to submit how-to-vote card/s for registration on behalf of [specify name of registered 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/s contains a section in a language other than English), I submit with the how-to-vote card/s a translation into English of the section in a language other than English, and I declare that the translation is a fair translation.

I am aware that if I knowingly make a false statement in this declaration, I am liable to a penalty of level 6 imprisonment (5 years maximum) or level 6 fine (600 penalty units maximum).

Signature:

Signed before me on [insert date]

Signed *Election Manager for [electorate]

*Victorian Electoral Commission

(*Delete whichever is not applicable)

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FORM HRegulation 17

MULTIPLE ELECTORATE HOW-TO-VOTE CARD DECLARATION

Declaration to be made by a person submitting a multiple electorate how-to-vote card for registration.

I, [insert full name]

of [specify address and telephone number for contact purposes]

declare that this multiple electorate how-to-vote card, which I am authorised to submit for registration on behalf of [specify name of registered political party] shall be distributed—

* in every electorate in the State of Victoria

* in the following electorates:

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:

Title: [position held in registered political party]

Declared before me on [insert date]

Signed:


(*Delete whichever is not applicable).

__________________

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FORM IRegulation 20

DECLARATION AS TO IDENTITYI declare that I am the person whose details are set out below.

Surname:

Given names:


Postal address (if different from above):

Date of birth:


Signed:

Declared before me on [insert date]

Signed:

Election official

__________________

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FORM JRegulation 21

APPLICATION FOR A POSTAL VOTEELECTOR TO COMPLETE

Surname:

Given names:

Residential address for which you claim to be enrolled:

Date of birth:

Contact phone no.:

Address for voting material to be sent if different from above address:

I declare that I am entitled to apply for a postal vote for the above claimed address.

Elector to sign and date:

WITNESS TO COMPLETE

Name:

Address:

Title or capacity as witness:

Date of birth:

Witness to sign:

Date:


__________________

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FORM KRegulation 22

POSTAL VOTER DECLARATIONELECTOR TO COMPLETE

I declare that—

• I am the person whose name is printed on this form;

• I have not voted before in this election.

Signature of voter:

Date:

WITNESS TO COMPLETE

Name:

Address:

Title or capacity as witness:

Date of birth:

Witness to sign:

Date:


Not fulfilling duty as an authorised witness is an offence (fine up to 5 penalty units).

__________________

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FORM LRegulations 26 and 28

APPLICATION FOR ENROLMENT/PROVISIONAL VOTE AND STATEMENT UNDER SECTION 108 OF THE

ELECTORAL ACT 2002ELECTOR TO COMPLETE

Title:

Surname:

Given names:

Date of birth:

Gender:

Current residential address:

Postal address (leave blank if the same as residential address):

Mobile phone (if any):

Daytime phone (if any):

Email address (if any):

If you have changed your name or address since your last enrolment please provide:

Former surname and given names:

Previous or old enrolled address:

Are you an Australian citizen by birth?:

Yes: Town of birth:

No: Country of birth:

Have you been granted Australian citizenship?:

Yes: Citizenship certificate number:

No:

Are you an eligible British subject who was enrolled on 25 January 1984?

Yes:

No: You are not eligible to enrol or to vote provisionally.

Driver licence (or learner permit) number and State or Territory of issue:

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I declare that—

• I am an elector whose name cannot be found on the electoral roll;

• I have not already voted at this election;

• I have read the statement under section 108 of the Electoral Act 2002 included in this Form;

• I am eligible to enrol in relation to the above residential address and claim enrolment for Federal, State and local government elections in Victoria;

• all the information I have given on this form is true and complete, and I understand that giving false or misleading information is a serious offence (Penalty: 5 years maximum imprisonment or a fine up to 600 penalty units).

Elector to sign:

Date:

ELECTION OFFICIAL TO COMPLETE

Election Official Declaration

• I am on the electoral roll for Victoria;

• I saw the applicant sign or make a mark as his or her signature on this form;

• I have informed the applicant that he or she is claiming that the information that he or she has provided is true and complete and that there are penalties for providing false or misleading information;

• I have checked the applicant's district in the List of Streets Victoria;

I have sighted the applicant's original proof of identity document or the applicant was not able to provide an original proof of identity document at the time of voting but has nominated the following service provider for the VEC to contact.

SERVICE PROVIDER:

or (for mobile voting use only)

The applicant is listed as a resident at a mobile voting centre designated under section 65 of the Electoral Act 2002.

Name of Election Official:

Signature of Election Official:

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ELECTOR'S ENROLLING DISTRICT

Issued at:

Venue:

Name:

Early Voting Centre:

Election Day Voting Centre:

Date:

Issuing District:

STATEMENT UNDER SECTION 108 OF THE ELECTORAL ACT 2002

Enrolment and voting is compulsory.

If eligible, you are required to enrol and vote in Federal, State and local government elections and may be fined if you do not.

You are eligible to enrol and vote if you:

• are an Australian citizen, or a British subject who was enrolled on 25 January 1984 (and for Victorian elections only if you were a British subject enrolled between 26 October 1983 and 25 January 1984 inclusive); and

• are 18 years or older; and

• have lived at your current address which is your principal place of residence for at least one month.

Proof of identity

You must be able to prove your identity by presenting one of the following documents to the election official:

• Driver licence or learner permit;

• Current Victorian Council rates notice;

• Current electricity account;

• Current Victorian identification within the meaning of the Electoral Regulations 2012.

If you do not have one of these documents with you, you can nominate VicRoads, a Council, electricity provider or an entity that issues Victorian identifications to verify your identity. The VEC will contact the nominated organisation to verify your identity.

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If you are listed as a resident at a facility designated as a mobile voting centre, you do not need to have any documents as the VEC will check with the administration of the facility to confirm your identity.

How this application is processed

Your application will be checked and, if you are eligible, your vote will be admitted for further processing. If you have provided your driver licence or learner permit number on the application, your name and address will be placed on the electoral roll for future Federal, State and local government elections. If you do not have a driver licence or learner permit, the election official will give you a separate enrolment application that you will need to complete before you can be placed on the roll for Federal elections.

Access to your information

Under Victorian and Commonwealth legislation, the names and addresses of all electors (except silent electors) must be publicly available. The electoral roll can be inspected at the office of the Victorian Electoral Commission (VEC) and any Australian Electoral Commission (AEC) office.

Under Victorian and Commonwealth legislation, electoral information is provided to other individuals, organisations and groups such as political parties, candidates, the Juries Commission and local government. Other agencies and organisations receive enrolment information for law enforcement and prevention or to assist with health screening or research.

A copy of the VEC's Privacy Policy and a list of agencies that receive electoral information in accordance with the Electoral Act 2002 is available at www.vec.vic.gov.au and from the VEC.

A list of agencies entitled to receive electoral information under the Commonwealth Electoral Act 1918 is available at www.aec.gov.au and from the AEC.

The AEC and the VEC exchange electoral information under a joint rolls arrangement to update the electoral roll. As part of the roll update activities, the VEC may disclose your name to other people living at your enrolment address.

__________________

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FORM MRegulations 30 and 32

DECLARATION BY ABSENT OR SECTION 110 VOTERSElector's District/Region

ELECTOR TO COMPLETE

Surname:

Given names:

Address for which elector is, or claims to be, enrolled:

Date of birth:

Former surname if changed since you last enrolled:

I declare that—

• I am enrolled at the address shown above;

• I have not already voted at this election;

• The information shown above is true and correct and I am entitled to vote.

Elector to sign:

ELECTION OFFICIAL TO COMPLETE

I certify that the above-named elector signed or marked this declaration in my presence.

Election Official to sign:

Issued at District/Region:

Voting Centre:

Date:


__________________

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FORM NRegulations 46 and 47

APPARENT FAILURE TO VOTEElectorate:

To: [name and address of elector]

According to Victorian Electoral Commission records it appears that you failed to vote at the election on [insert date]

You are required to indicate which of the following options applies to you.

OPTION ONE:

I failed to vote at the above election because: [insert reason]

If this reason is considered to be valid and sufficient, no further action will be taken. If this reason is not considered to be valid and sufficient, an infringement notice may be sent to you.

OPTION TWO:

I voted at the above election—

• at the voting centre at [insert address]

• as an early voter

• as a postal voter.

The Electoral Act 2002 provides for a fine of one penalty unit if a person states a false reason for not having voted.

Signature of elector (or of person completing form on behalf of elector):

Date:

You must post or deliver this notice to reach the Victorian Electoral Commission within 28 days after the date of the notice.

If you do not complete and return this form by the due date, an infringement notice may be sent to you.


Date of Notice:

═══════════════

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ENDNOTES

1. General InformationThe Electoral Regulations 2012, S.R. No. 86/2012 were made on 21 August 2012 by the Governor in Council, on the recommendation of the Victorian Electoral Commission, under section 184 of the Electoral Act 2002, No. 23/2002 and came into operation on 31 August 2012: regulation 3.

The Electoral Regulations 2012 will sunset 10 years after the day of making on 21 August 2022 (see section 5 of the Subordinate Legislation Act 1994).


41

2. Table of AmendmentsThere are no amendments made to the Electoral Regulations 2012 by statutory rules, subordinate instruments and Acts.

Endnotes


42

3. Explanatory Details

EndnotesEndnotes


43

1 Reg. 4(a): S.R. No. 73/2002 as amended by S.R. Nos 89/2006 and 87/2010.2 Reg. 4(b): S.R. No. 89/2006.3 Reg. 4(c): S.R. No. 87/2010.

——Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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