1958. The Constitution Act Amendment. No. 6224 277

No. 6224.

THE CONSTITUTION ACT AMENDMENT ACT 1958.

An Act to consolidate the Law relating to the Amendment of the Constitution. [30th September, 1958.]

"TTyHEREAS it is provided in the sixtieth section of The Preamble. VV Constitution Act that the Legislature of Victoria has full 18 & 19 Vict, cap. 55, power and authority from time to time by any Act or Acts to repeal Schedule. alter or vary all or any of the provisions of the said Act and to substitute others in lieu thereof: And whereas various amending Acts have from time to time been duly passed: And whereas it is expedient that the said amending Acts should be consolidated: Be it therefore enacted by the Queen'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) :— 1. This Act may be cited as The Constitution Act Amendment short title ence Act 1958, and shall come into operation on a day to be fixed by me™r " proclamation of the Governor in Council published in the and division. Government Gazette, and is divided into Parts and Divisions as follows:— Part I.—The Crown ss. 4-10. ' Division 1.—Title and Privileges of Parliament ss. 11-13. Part II.— Division 2.—Officials in Parliament ss. 14-31. Parliament Division 3.—Parliamentary Salaries and Generally Allowances ss. 32-36. ss. 11-66. Division 4.—Parliamentary Contributory Retirement Fund ss. 37-46. 1958. The Constitution Act Amendment. No. 6224

Division 5.—Commonwealth Members and Elections ss. 47-49. Division 6.—Summoning of Parliament. Oath Part II.— of Allegiance ss. 50-53. Parliament Division 7.—Provisions relating to Generally Appropriation Bills and Disagreements ss. 11-66. between the Houses ss. 54-57. Division 8.—Female Candidates Members and Electors ss. 58 and 59. Division 9.—Acts of Parliament ss. 60-62. Division 10.—Publication of Parliamentary Proceedings ss. 63-65. Division 11.—Expenses of Executive and Legislative Councils s. 66. Division 1. —Provinces and Members ss. 68 and 69. Division 2. —Period of Membership ss. 70-72. Division 3.- —Qualification &c. of Members ss. Part III.— 73 and 74. Legislative Division 4 —Appointment of Acting President Council s. 75. ss. 67-84. Division 5 ,—Qualification of Electors ss. 76 and 77. Division 6.- Electoral Registrars and Rolls ss. 78-84. Division 1.—Districts and Members ss. 85-98. Division 2.—Qualification of Members ss. 99 and 100. Part IV.— Division 3.—Duration of Assembly s. 101. Legislative Division 4.—Qualification of Electors ss. Assembly 102 and 103. ss. 85-143. Division 5.—Electors for the Assembly and Rolls of Electors ss. 104-143.

Division 1.—Chief Electoral Officer Returning Officers and Polling Places ss. 144-148. Division 2.—Writs ss. 149-155. Division 3.—Duties of Returning Officer on receipt of Writ ss. 156 and 157. Division 4.—Nominations and Candidates ss. 158 and 159. Part V.— Division 5.—Deposit Moneys ss. 160 and 161. Elections Division 6.—Declaration of Election where ss. 144-315. number of Candidates does not exceed number of Members to be elected s. 162. Division 7.—Duties of Returning Officer where number of Candidates exceeds number of Members to be elected s. 163. 1958. The Constitution Act Amendment. No. 6224

Division 8.—Retirement or Death of Candidates s. 164. Division 9.—Arrangements for taking poll. Hours of polling ss. 165-176. Division 10.—Voting at Elections ss. 177-185. Division 11.—Voting by Qualified Unenrolled Voters and Absent Voters ss. 186 and 187. Division 12.—Provisions relating to Elections ss. 188-201. Part V.— Division 13.—Preferential Voting, Declaration Elections of Poll, Disposal of Ballot-papers &c. ss. ss. 144-315. 202-212. Division 14.—Provisions applicable only to General Elections for the Council ss. 213-218. Division 15.—Voting by Post ss. 219-238. Division 16.—Recount of Votes s. 239. Division 17.—Regulation of Elections Bribery &c. ss. 240-251. Division 18.—Offences in respect of Elections ss. 252-254. Division 19.—Limitation of Election Expenses. Illegal Practices ss. 255-266. Division 20.—Publication of Electoral Matter s. 267. Division 21.—Compulsory Voting at Elections ss. 268-276. Division 22.—Court of Disputed Returns on Assembly Elections ss. 277-305. Subdivision (1) Disputed Elections and Returns ss. 277-299. Subdivision (2) Qualifications and Vacancies ss. 300-305. Division 23.—Miscellaneous ss. 306-315. Division 1.—Committee of Elections and Qualifications for the Council ss. 316-333. Division 2.—House Committee ss. 334-338. Division 3.—Committee of Public Accounts Part VI.— ss. 339-341. Committees Division 4.—Joint Library Committee s. 342. ss. 316-357. Division 5.—Joint Statute Law Revision Committee ss. 343-350. Division 6.—Subordinate Legislation Com­ mittee ss. 351-357. : Division 1.—Costs of Promoters and Petitioners ss. 360-370. Part VII.— Division 2.—Expenses of Members of Private Parliament­ Bill Committees s. 371. . ary Costs ss. Division 3.—Costs of Parliamentary Agents 358-391. and others ss. 372-380. Division 4.—Taxing Officers ss. 381-391. 280 „ 1958. The Constitution Act Amendment. No. 6224

Part VIII.—Parliamentary Witnesses s. 392. Part IX.—Officers of Parliament ss. 393-414. Part X.—Relation of Public Officers to Political Affairs s. 415.

Repeal. 2. (1) The Acts mentioned in the First Schedule to the extent First Schedule. thereby expressed to be repealed are hereby repealed accordingly. (2) Except as in this Act expressly or by necessary implication provided— (a) all persons things and circumstances appointed or created by or under any of the Acts so repealed or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation by-law order appointment roll writ poll determination membership classification notice pension salary allowance liability or right made given issued accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act; nor shall such repeal affect the operation of sub-section (2) of section two of the Parliamentary Contributory Retirement Fund (Amendment) Act 1956; nor shall such repeal disturb the effect of any amendment to The Constitution Act made by any of such Acts. Transitory (3) Notwithstanding anything in this Act until the day of provision as regards the dissolution or other lawful determination of the Legislative Assembly elections. Assembly occurring next after the commencement of this Act, for the purposes of any election of a member of the Legislative Assembly to serve in the place of a member whose seat has become vacant the electoral districts and any subdivisions as existing before that day and the electoral rolls in respect thereof shall have full force and effect notwithstanding that any new electoral rolls have been prepared for the electoral districts as set forth in the Fourth Schedule.

Interpretation. 3. In this Act, unless inconsistent with the context or No. 6006 s. 3. subject-matter— " Assembly." " Assembly " means Legislative Assembly of Victoria. " Chief " Chief Electoral Officer " means the Chief Electoral Officer Electoral (a) Officer." under this Act. (a) See section 144. 1958. The Constitution Act Amendment. No. 6224 281

" Council " means Legislative Council of Victoria. 1 Council." " District " means electoral district. ' District." " General election " means an election at which all the " General election." members of the Council or of the Assembly (as the case may be) have to be elected. " Inspector " means electoral inspector. " Inspector." " Parliament " means The Parliament of Victoria. " Parliament.' " Parlia­ " Parliamentary salary or allowance " means any salary or mentary salary or allowance under Division three of Part II. of this Act. allowance." Part " means Part of this Act and includes any Schedule " Part." therein specified. ; " Periodical Periodical election " where referring to the Council means election." an election at which half of the members of the Council have to be elected. 1 Prescribed" means prescribed by this Act or by " Prescribed

regulations thereunder. " President." 1 President" means President of the Council. " Province." Province " means electoral province. •' Registrar." ' Registrar " means electoral registrar. " Schedule." ; Schedule " means Schedule to this Act. " Speaker."

' Speaker " means Speaker of the Assembly. "Sub­ Subdivision " means subdivision of a province or district division." and includes any unsubdivided district. PART I.—THE CROWN. 4. All things done within Victoria at any time after any demise Certain acts of the Crown but before the Governor by his proclamation "riecwdbby a demise of the published in the Government Gazette has notified such demise and Crown. which but for this Act might be affected by such demise shall have No. 6006 s. 4. the same effect and be of the same force as if no such demise had happened.

5. The Parliament in being at any future demise of the Crown Demise of the shall not be determined or dissolved by such demise, but shall diSoive"0'to continue so long as it would have continued but for such demise, Parliament. unless it is sooner prorogued or dissolved by the Governor. No. 6006 s. 5. 6. (1) Every commission warrant or other authority for the AH exercise of any office or employment of any kind or nature within &c?bynttheents Victoria issued or exercised by the Governor in Council or the S>°nvt?n!lerin0 r twith Governor or by any other person in the name and on behalf of Her ^°a Sdin| ' Majesty or of any of her successors to the Crown in virtue of his demise of the office or under the authority of any Act of the Imperial Parliament N™^ S. 6. or of the Parliament of Victoria or of any rules or regulations made thereunder respectively shall continue in full force notwithstanding any demise of the Crown and be of the same effect as if no such demise had happened. 282 1958. The Constitution Act Amendment. No. 6224

All civil or (2) No action suit or other process or proceeding civil or criminal process &c. criminal in or to which Her Majesty or any of her successors to to subsist and continue not­ the Crown is a party or which has been commenced or carried on withstanding demise. in her name or by her authority shall by reason of her demise abate discontinue or be in any manner affected; but every such action suit process or proceeding shall be carried on enforced or otherwise completed or acted on in the name of the reigning Sovereign for the time being and as if such demise had not happened.

Contracts by 7. All contracts of every kind lawfully entered into by or on or on behalf of Her behalf of Her Majesty or any of her successors to the Crown with Majesty. any person body or authority and all benefit and advantage thereof No. 6006 s. 7. and all liability in respect thereof shall attach and belong to the heirs and successors of Her Majesty or of such successors (as the case may be) although they are not expressly named in any such contract.

Exercise by 8. Where in and by any grant from the Crown or lease from the Governor of powers the Crown or deed or document any exception or reservation is given to and reservation in made in favour of or any power is given to Her Majesty or Her favour of Her Majesty. Majesty her heirs and successors, the Governor may on behalf of No. 6006 s. 8. Her Majesty or Her Majesty her heirs and successors take the benefit and advantage of any such exception or reservation and may exercise any such power in the same manner as Her Majesty or Her Majesty her heirs and successors might have done.

Interpretation. 9. (1) In this section unless inconsistent with the context or No. 6006 s. 9. subject-matter—

"The said " The said letters patent" means the letters patent bearing letters patent." date the twenty-ninth day of October One thousand nine hundred as amended by the letters patent bearing date the thirtieth day of April One thousand nine hundred and thirteen and mentioned in the preamble to the Governor's Deputy's Powers Act 1916. ' The State.' " The State " means the State of Victoria.

Governor's (2) During the temporary absence of the Governor from the statutory powers seat of government or from the State except for the purpose of exercisable by deputy. administering the Government of the Commonwealth of Australia all the powers and authorities conferred upon or vested in the Governor by any statutory or other law or usage of the State shall and may be exercised performed and executed by the person appointed by the Governor under the said letters patent to be his deputy during such absence subject nevertheless to anything expressed in the instrument appointing such deputy. 1958. The Constitution Act Amendment. No. 6224 283

(3) Any exercise performance or execution before the ^jJJJ^11" commencement of the Governor's Deputy's Powers Act 1916 of provision. any of the powers or authorities hereinbefore mentioned shall be and be deemed to have been of the same validity and shall have and be deemed to have had the same force and effect as if this section had been in force at the time of such exercise performance or execution.

10. (1) The Governor shall not receive in any year for the Appropriation salaries of the staff or for travelling expenses or for any other other expenses allowances or contingencies whatsoever any sum beyond the SUm Governor. of Seven thousand five hundred pounds for the Governor's salary 5J0' lost9' i0: named in the First Part of Schedule D to The Constitution Act as amended and shall defray the salaries of his staff his travelling and all other expenses out of such salary except to the extent that moneys are appropriated by Parliament to meet expenses for services in connexion with Government House (including secretarial domestic and maintenance service). (2) The First Part of the said Schedule D shall be read and Governor's construed as if in lieu of the figures " £10,000 " in such Part the aty* figures " £7,500 " were inserted therein.

PART II.—PARLIAMENT GENERALLY. DIVISION 1.—TITLE AND PRIVILEGES OF PARLIAMENT., 11. The Legislature of Victoria shall be and is hereby Designation of designated " Th— e Parliamen— - t of- —Victoria. - —" • Legislature. No. 6006 s. 11.

12. The Council and the Assembly respectively and the Privileges committees and members thereof respectively shall hold enjoy councn&andot and exercise such and the like privileges immunities and powers Assembly""'". as, and the privileges immunities and powers of the Council and No. 6006 s. 12. the Assembly respectively and of the committees and members thereof respectively are hereby defined to be the same as, at the time of the passing of The Constitution Act, were held enjoyed and exercised by the Commons House of Parliament of Great Britain and Ireland and by the committees and members thereof, so far as the same are not inconsistent with the said Act or with any Act of the Parliament of Victoria, whether such privileges immunities or powers were so held possessed or enjoyed by custom statute or otherwise.

13. Any copy of the Journals of the House of Commons Printed copies printed or purporting to be printed by the order or printer of the °\ Kfot House of Commons shall be received as prima facie evidence be^wdence? without proof of its being such copy, upon any inquiry touching No.6006s.i3. the privileges immunities and powers of the Council or the Assembly or of any committee or member thereof respectively. 284 1958. The'Constitution Act Amendment. No. 6224

DIVISION 2. OFFICIALS IN PARLIAMENT.

Public officers 14. Except where express provision is made to the contrary not to sit in Parliament by any enactment no person (except in the cases excepted by except as mentioned. sub-section (2) of section twenty-seven of this Act) who holds No. 6006 s. 14. any office or place of profit under the Crown, or who is in any manner employed in the public service of Victoria for salary wages fees or emolument, shall sit or vote in the Council or the Assembly; and the election of any such person to be a member of the Council or the Assembly shall be null and void.

Salaried officers in 15. (1) The Governor may from time to time appoint any Parliament. number of officers so that the entire number shall not at any one No. 6006 s. is. time exceed twelve who shall be capable of being elected members of either House of Parliament and of sitting or voting therein.

(2) Such officers shall be responsible Ministers of the Crown and members of the Executive Council, and four at least of such officers shall be members of the Council or the Assembly.

(3) Not more than four of such officers shall at any one time be members of the Council and not more than eight of such officers shall at any one time be members of the Assembly. (4) In addition to the responsible Ministers of the Crown referred to in the preceding provisions of this section the Governor may appoint not more than two other responsible Ministers of the Crown.

Ministers to 16. No responsible Minister of the Crown shall hold office or Assembly, for a longer period than three months unless he is or becomes No. 6006 s. i6. a member of the Council or the Assembly.

Power of Ministers to 17. (1) Notwithstanding anything contained in The speak in either Constitution Act or in this Act any responsible Minister of the House. No. 6006 s. 17. Crown who is a member of the Council or of the Assembly may at any time with the consent of the House of Parliament of which he is not a member sit in such House for the purpose only of explaining the provisions of any Bill relating to or connected with any department administered by him, and may take part in any debate or discussion therein on such Bill, but he shall not vote except in the House of which he is an elected member.

(2) It shall not be lawful at any one time for more than one responsible Minister under the authority of this section to sit in the House of which he is not a member. 1958. The Constitution Act Amendment. No. 6224 285

Power to 18. The Governor may restore any office named in Schedule D restore to The Constitution Act which has been abolished under the abolished offices. provisions of section forty-eight of The Constitution Act: No. 6006 s. 18. Provided that such restoration shall not be inconsistent with the provisions of any Act respecting any such office; and that the sums appropriated by the Fourth Part of the said Schedule shall in no case be exceeded.

19. Notwithstanding anything in The Constitution Act or this Responsible Minister not Act in any case where a member of the Council or of the Assembly required to vacate seat on is appointed by the Governor as an officer capable of being elected appointment member of either House of Parliament and of sitting or voting to office. therein the acceptance by him of the appointment shall not vacate No. 6006 s. 19. his seat.

20. If any person accepts any two of the offices hereinbefore No person to referred to, he shall not receive the salaries of both such offices, tmt^oa^s. No. 6006 s. 20. 21. Any person who is returned to serve as a member of both ^turneTt" Houses of Parliament shall, within ten days after the meeting of bom Houses r amem Parliament or if Parliament is then in session within fourteen days to efe ct after the return of the writ which is last returned, give notice in wSfretSn1.he writing to the President and the Speaker respectively that he No. 6006S.21. elects to retain his seat in the Council or the Assembly (as the case may be); and in default of his doing so the seat of such person in both Houses shall be deemed to be and shall become vacant.

22. Any person who is returned to serve as a member of the Person returned for Council or the Assembly (as the case may be) for two or more two provinces or districts to provinces or districts shall, within ten days after the return of the declare for which he writ which is last returned, give to the President or the Speaker will sit. notice in writing for which of the provinces or districts he intends No. 6006 s. 22. to retain his seat.

23. No person who is either directly or indirectly concerned contractors or interested in any bargain or contract entered into by or on elected, behalf of Her Majesty, or who participates or claims or is entitled No.6006s.23. to participate either directly or indirectly in the profit thereof or in any benefit or emolument arising from the same, shall sit or vote in the Council or the Assembly; and the election of any such person to be a member of either of the said Houses shall be absolutely null and void.

24. If any member of the Council or the Assembly either Seats to become vacam directly or indirectly becomes concerned or interested in any in certain cases. bargain or contract entered into by or on behalf of Her Majesty, No. 6006 s. 24. or participates or claims or is entitled to participate either directly or indirectly in the profit thereof or in any benefit or emolument arising from the same, or becomes bankrupt or insolvent or applies 286 1958. The Constitution Act Amendment. No. 6224 to take the benefit of any Act for the relief of bankrupt or insolvent debtors, or compounds with his creditors or (unless in the cases And see The excepted by sub-section (2) of section twenty-seven or by some Constitution (a) Act s. XXIV. other enactment ) accepts any office or place of profit under the Crown, or in any character or capacity for or in expectation of any fee gain or reward performs any duty or transacts any business whatsoever for or on behalf of the Crown, his seat shall thereupon become vacant.

Reference to certain 25. (1) Any reference in the last two preceding sections to contracts in any bargain or contract entered into by or on behalf of Her last two preceding Majesty shall be deemed to include a reference to— sections deemed to include (a) any contract entered into after the commencement reference to contracts with of this Act by any Government department or Government departments. by any Minister of the Crown in his capacity as Ministers of Crown and such; and certain public bodies. (b) (without affecting the generality of the last preceding No. 6006 s. 25. paragraph) any contract entered into after the commencement of this Act by any of the following bodies:— (i) The Board of Land and Works; (ii) The Victorian Railways Commissioners; (iii) The State Rivers and Water Supply Commission; (iv) The Country Roads Board; (v) The Forests Commission; (vi) The State Electricity Commission of Victoria; (vii) The Housing Commission.

Declaration as to scope of (2) It is hereby declared that any such reference in the said references to sections does not extend to— contracts in last two preceding (a) the supply or provision by Her Majesty (including sections. any department Minister or body aforesaid) of goods chattels or services where such goods chattels or services are supplied or provided on no better terms than the same are ordinarily supplied or provided to members of the public;

(a) See section 28 as to naval and military service, section 29 as to persons employed in the public service &c, who are elected to the Council or Assembly; sections 341, 348 and 371 as to re-imbursement of members of certain Parliamentary Committees; and also section 11 of the Public Works Committee Act 1958 and section 11 of the State Development Act 1958. 1958. The Constitution Act Amendment. No. 6224 287 (b) any contract or agreement the benefit or burden of which or any interest in which devolves upon a member of the Council or the Assembly as beneficiary under a will or as a person entitled to share in the estate of an intestate or as executor administrator or trustee, until twelve months after such devolution; (c) an isolated casual sale or supply of goods chattels or services to Her Majesty (including any department Minister or body aforesaid) where at the time of such sale or supply the member of the Council or the Assembly concerned did not know and could not reasonably have known that such sale or supply was a sale or supply to Her Majesty (including any department Minister or body aforesaid); or (d) any compromise in respect of any compensation or other money payable by Her Majesty (including any department Minister or body as aforesaid).

26. Nothing hereinbefore contained shall extend or apply to certain contractors any bargain or contract entered into by any company partnership excepted. or association consisting of more than twenty persons where such No.6006s.26. bargain or contract is entered into for the general benefit of such company partnership or association, or to any lease licence for occupation sale or purchase of any land, or to any agreement for any such lease sale or purchase or for the occupation of such land or for any easement therein or for the loan of money, or to any security for the payment of money only.

27. (1) Except where express provision is made to the with certain (a) contrary by any enactment other than this section and except in members of the cases mentioned in sub-section (2) of this section if any person nottoTcce'pt while he is a member of the Council or the Assembly accepts any pronumder office or place of profit under the Crown, he shall forfeit the sum *e ^°™-, of Fifty pounds for every week that he holds such office or place MNo~. """6006 s. 27. to be recovered with full costs of suit by any person who sues for the same in any court of competent jurisdiction. (2) Nothing in sub-section (1) of this section shall apply to any person— (a) holding any office referred to in the next succeeding Division; or (b) being a member of the Metropolitan Fire Brigades Board or of the Country Fire Authority. (a) See footnote to section 24. 288 1958. The Constitution Act Amendment. No. 6224

Removal of 28. (1) Notwithstanding anything in The Constitution Act or «oSbyrecason in this Act or any corresponding previous enactment the seat of a SlvaT^11 member of the Council or the Assembly shall not become vacant Slices. a°d shall not be deemed to have become vacant, and the election NO. 6oo6s. 28. of any person to be a member of the Council or the Assembly shall not be and shall not be deemed to have been null and void, and no person shall be or be deemed to have been disqualified or incapable to be elected or to be or continue a member of or incapable of sitting or voting in the Council or the Assembly, and no such member or person shall be or be deemed to have been liable to any penalty under The Constitution Act or under this Act or any corresponding previous enactment by reason only that such member or person— (a) was or is an officer or member of the naval or military forces of the Commonwealth whose services were not or are not wholly employed by the Commonwealth or received or receives any pay or allowance as such an officer or member of any of the said forces; (b) on or after the fourth day of August One thousand nine hundred and fourteen—served in the war commencing on that date as an officer or member of His Majesty's naval or military forces or of the naval or military forces of the Commonwealth or received or receives for or in respect of that service (and whether before or after the termination of or his discharge from that service) any pay half-pay allowance or pension; or (c) on or after the third day of September One thousand nine hundred and thirty-nine—served in or in connexion with the war commencing on that date as an officer or member of His Majesty's naval or military forces or of the naval or military forces of the Commonwealth or received or receives for or in respect of that service (and whether before or after the termination of or his discharge from that service) any pay half-pay allowance or pension.

(2) A person shall not be deemed to have accepted or to accept an office or place of profit under the Crown within the meaning of section twenty-four or section twenty-seven of this Act or any corresponding previous enactment by reason only that such person (while he was or is a member of the Council or the Assembly) was or is or served or serves as an officer or member of any of the forces aforesaid or received or receives any pay half-pay allowance or pension as aforesaid. 1958. The Constitution Act Amendment. No. 6224 289

29. Notwithstanding anything in this Act or The Constitution Persons employed in Act the Public Service Act 1958, the Teaching Service Act 1958, the public service the Railways Act 1958 or any other Act no person shall be teaching service or disqualified or disabled from or be incapable of being a candidate railway service not at any election whether for the Council or the Assembly or being thereby disqualified elected or returned a member of the Council or of the Assembly from election by reason only of his being in any manner employed in the to Council or Assembly. public service or in the teaching service or in the railway No. 6006 s. 29. service, and the election and return of any such person shall not be or be declared null or void by reason only of his being so employed; and on the election of any such person to be a member of the Council or the Assembly he shall cease to be so employed.

30. (1) In this section unless inconsistent with the context interpretation. or subject-matter— No.6006s.30.

" Parliament" means the Parliament of Victoria Or "Parliament." of the Commonwealth of Australia.

" Public Public service" includes as well as officers and service." employes in the public service— (a) permanent and temporary medical officers in the Mental Hygiene Branch of the Health Department under the Mental Hygiene Act 1958; (b) any officer employe or person or class of officers employes or persons to whom or to which the Governor in Council on the recommendation of the Public Service Board has pursuant to the Public Service Act 1958 declared that the provisions of that Act shall not apply; (c) any officer within the meaning of the Superannuation Act 1958 not otherwise included within the interpretations of public service railway service or teaching service. Railway service " has the same meaning as in section " Railway one hundred and eighty-nine of the Railways Act semce' 1958.

" Teaching Teaching service " has the same meaning as in section service." three of the Teaching Service Act 1958 and includes any person who is certified by the Director of Education to be employed in whole-time duties on the permanent staff of any school or schools for technical education receiving aid from the consolidated revenue. VOL. II.—10 290 1958. The Constitution Act Amendment. No. 6224

Privileges of (2) If a member of the public service or the teaching service members of public service or the railway service has been before the commencement of teaching service and this Act or is after the commencement of this Act elected a railway service who member of Parliament and after such commencement ceases to having been elected be a member of Parliament without being entitled to a pension members of Parliament under this Act or under the Commonwealth Act known as the cease to be Parliamentary Retiring Allowances Act 1948-1955 as amended members of Parliament. from time to time or any similar Act he shall, on application in writing to the proper authority within three months after so ceasing to be a member of Parliament, be entitled to reinstatement in the public service or the teaching service or the railway service (as the case may be) subject to the following provisions in relation to classification, superannuation, sick leave and long service leave:—

Classification. (a) He shall be re-employed in the service in a classification grade or office not inferior to that in which he was employed when he ceased to be employed in the service by reason of his election as a member of Parliament; Super­ (b) (If immediately before he so ceased to be employed annuation. No. 3782. he was a contributor under the Superannuation Act 1958 or any corresponding previous enactment) he shall become a contributor under that Act for the same number of units for which he was contributing immediately before he so ceased to be employed if, on being re-employed in the service, he pays into the Superannuation Fund under that Act an amount equal to the sum paid to him out of that Fund when he so ceased to be employed together with an additional amount equal to the contributions he would have been required to make under the Superannuation Act 1958 and any corresponding previous enactment if he had remained in the service during the period from so ceasing to be employed until re-employment in the service as aforesaid; and on payment of such amount into the Fund he shall be treated thenceforward for the purposes of the Superannuation Act 1958 as if he had continued to be a contributor under that Act during that period;

Sick leave. (c) Upon re-employment in the service, for the purposes credited with the amount of sick leave to which he was entitled on so ceasing to be employed; Long service (d) Upon re-employment in the service, for the purposes leave. of any long service leave, the period from his ceasing to be employed in the service until re-employment in the service shall be regarded 1958. The Constitution Act Amendment. No. 6224 291 as continuous with service in the public service the teaching service or the railway service but in the computation of the period of long service leave shall not count as service with one of those services.

n 1 t stor 31. Any person who wilfully offends against the provisions of 0"£ n c ^ this Division or section twenty-four of The Constitution Act shall agaShis forfeit and pay for every such offence a sum of Two hundred against section pounds, to be recovered with full costs of suit by any person who Constitution Act. sues for the same in any court of competent jurisdiction. No. 6006 8. 31.

DIVISION 3. PARLIAMENTARY SALARIES AND ALLOWANCES. 32. (1) For the purposes of this Act each of the electoral classification of clcctor&tcs provinces of the Legislative Council and electoral districts of the No.6oo6s.3i Legislative Assembly shall be classified as being a metropolitan electorate, an urban electorate, an inner country electorate or an outer country electorate. (2) The initial classification shall be as set out in the Schedule NO.58OS to the Parliamentary Salaries and Allowances Act 1954 and, Schedule- notwithstanding the repeal of that Act, shall have force and effect subject to reclassification hereafter pursuant to the next succeeding sub-section or heretofore pursuant to the corresponding previous enactment. (3) Whenever there is any change in electoral provinces of the Legislative Council or electoral districts of the Legislative Assembly the Governor in Council may by proclamation published in the Government Gazette reclassify the provinces or districts (as the case may be) having regard to the classification in the said Schedule and such reclassification shall from the date fixed in the proclamation be substituted for the classification of the provinces or districts theretofore existing and become the classification of provinces or districts for the purposes of this Act.

33. (1) To each member of the Legislative Council and saianrand member of the Legislative Assembly there shall be payable— me'mbere'of0 ° Parliament. (a) a salary at the rate of One thousand six hundred No.6006s.33 pounds per annum; (b) in addition, in respect of the expenses of discharging his duties, an electorate allowance— (i) in the case of a member for a metropolitan electorate—at the rate of Four hundred pounds per annum; (ii) in the case of a member for an urban electorate—at the rate of Six hundred pounds per annum; 292 1958. The Constitution Act Amendment. No. 6224 (iii) in the case of a member for an inner country electorate—at the rate of Seven hundred pounds per annum; (iv) in the case of a member for an outer country electorate—at the rate of Eight hundred pounds per annum. (2) Any payment to any member under the last preceding sub-section shall be reckoned from and including the day appointed for taking the poll at the election at which he was elected to his seat or from and including the day of commencement of this Act (whichever is the later date). (3) In the case of any member who— (a) immediately before his retirement from the Council or Assembly by effluxion of time or immediately before the dissolution of the Council or Assembly was a member of the Council or Assembly; and (b) is a candidate for re-election to the Council or Assembly at the next following periodical or general election (as the case may be)— any payment referred to in the last preceding sub-section shall (unless he retires from candidature) be reckoned up to but excluding the day appointed for taking the poll at such election but in any other case shall cease when he ceases to be a member.

(4) In addition to any salaries and allowances payable under the foregoing provisions of this section there shall be payable to each member (not being a responsible Minister of the Crown) for an urban electorate or an inner country electorate or an outer country electorate a living away from home allowance at the rate of Three pounds three shillings per day for each day he attends a sitting of Parliament. salaries and 34. (1) In addition to any salaries and allowances payable 0 Ministers. under the last preceding section, there shall be payable to No. 6006 s. 34. responsible Ministers of the Crown— (a) to the Premier of Victoria—a salary at the rate of Two thousand pounds per annum and an expense allowance at the rate of One thousand pounds per annum; (b) to the Deputy Premier of Victoria—a salary at the rate of One thousand five hundred pounds per annum' and an expense allowance at the rate of Five hundred pounds per annum; 1958. The Constitution Act Amendment. No. 6224 293' (c) to each of not more than ten other responsible Ministers of the Crown—a salary at the rate of One thousand pounds per annum and an expense allowance at the rate of Five hundred pounds per annum; {d) to each of not more than two other responsible Ministers of the Crown—a salary at the rate of Five hundred and fifty pounds per annum and an expense allowance at the rate of One hundred pounds per annum. (2) In addition there shall be payable to each such Minister when travelling on business of the State a travelling allowance of— (a) Three pounds three shillings per day while travelling within the State but outside the metropolitan area; (6) Five pounds ten shillings per day when outside the State.

35. In addition to any salaries and allowances payable under salaries ana the foregoing provisions of this Division, there shall be payable— S'fiE h? of Parliament. (a) to the President of the Council and to the Speaker No.6006s.35. of the Assembly—a salary at the rate of Seven hundred pounds per annum and an expense allowance at the rate of Two hundred and fifty pounds per annum; (b) to the Chairman of Committees of the Council and to the Chairman of Committees of the Assembly—a salary at the rate of Three hundred pounds per annum; (c) to any member of the Assembly who is for the time being the Leader of Her Majesty's Opposition—a salary at the rate of One thousand pounds per annum and an expense allowance at the rate of Five hundred pounds per annum; (d) to any member of the Assembly who is for the time being the Deputy Leader of Her Majesty's Opposition—a salary at the rate of Three hundred and fifty pounds per annum and an expense allowance at the rate of One hundred pounds per annum; (e) to any member of the Assembly (other than the Leader or Deputy Leader of Her Majesty's Opposition) who is for the time being the Leader in the Assembly of any recognized party which consists of ten members at least of the Assembly of which party no member is a responsible Minister 294 1958. The Constitution Act Amendment. No. 6224

of the Crown—a salary at the rate of Three hundred and fifty pounds per annum and an expense allowance at the rate of One hundred pounds per annum; (/) to any member of the Council or of the Assembly who is for the time being recognized as the Parliamentary Secretary of the Cabinet—a salary at the rate of Three hundred and fifty pounds per annum; (g) to any member of the Assembly who is for the time being recognized as the Government Whip—a salary at the rate of One hundred and fifty pounds per annum; (h) to any member of the Assembly who is for the time being recognized as the Whip of any recognized party which consists of ten members at least of the Assembly of which party no member is a responsible Minister of the Crown—a salary at the rate of One hundred pounds per annum.

Application of 36. (1) All moneys payable by way of salary or allowance Revenue, under this Division shall be paid out of the Consolidated Revenue NO. 6006 8.36. which is hereby appropriated accordingly. (2) All moneys payable under this Division which are not claimed within three months after they become due shall revert to the Consolidated Revenue.

DIVISION 4.—PARLIAMENTARY CONTRIBUTORY RETIREMENT FUND. Interpretation. 37. (1) In this Division unless inconsistent with the context or NS' 605?"'37: subject-matter— 8.2(1). .. Bas|C " Basic wage " means the basic wage for adult males for wase" Melbourne as from time to time declared by award of the Commonwealth Conciliation and Arbitration Commission.

" Division ". " Division " means Division of this Part of this Act and (where the case requires) includes any corresponding previous enactment. - Election". " Election " means an election for the Council or the Assembly. " Fund". " Fund" means the Parliamentary Contributory Retirement Fund established and kept under this Division. 1958. The Constitution Act Amendment. No. 6224 295

" Member " means member of the Parliament of Victoria. " Member • " Salary" means salary and electorate allowance paid «salary ••. to a member out of the Consolidated Revenue pursuant to the last preceding Division. " Trustee " means trustee of the Fund under this Division. "Trustee "• (2) For the purposes of this Division a member shall not be deemed to have ceased to be a member by reason only of retirement by effluxion of time or the dissolution of the Council or (as the case may be) retirement by effluxion of time or the dissolution of the Assembly.

38. (1) There shall be established and kept in the Treasury Parliamentary a fund to be called the Parliamentary Contributory Retirement Retirement * Fund. Fund- No. 6006 s. 38. (2) Interest derived from the investment of the Fund shall form part thereof. (3) The Fund shall be invested to the extent and in the manner determined by the trustees.

39. (1) There shall be six trustees of the Fund of whom— Ttmusesof x ' the Fund. (a) one shall be the Treasurer of Victoria who shall be No.6006s.39. chairman; (b) one shall be the President of the Legislative Council; (c) one shall be the Speaker of the Legislative Assembly; (d) one shall be a member of the Legislative Council appointed by the Governor in Council; and (e) two shall be members of the Legislative Assembly appointed by the Governor in Council. (2) The management of the Fund and the exercise of any power or discretion exercisable in relation thereto shall be vested in the trustees. (3) Any appointed trustee who ceases to be a member shall vacate his office as trustee. (4) The Governor in Council may remove any appointed trustee. (5) When a vacancy (however arising) occurs in the office of an appointed trustee, the Governor in Council may, subject to this Division, appoint a member to fill the vacancy. 296 1958. The Constitution Act Amendment. No. 6224

(6) During any vacancy or vacancies in the number of trustees the continuing trustees, subject to there being a quorum, may continue to act as though no such vacancy or vacancies existed. (7) Four trustees shall constitute a quorum of the trustees and the trustees may act by a majority of those present at any meeting at which a quorum is present. (8) Subject to this Division and the regulations thereunder the trustees may regulate their own proceedings.

I'ayment Into 40. (1) Into the Fund there shall be paid— IUKI out of (lie Fund. (a) all deductions made pursuant to this Division lrom No. 6006 s. 40. the salaries of members; (b) out of the Consolidated Revenue (which is hereby to the necessary extent appropriated accordingly) such amounts as are from time to time necessary to enable payments to be made under this Division out of the Fund. (2) Out of the Fund there shall be paid to members their widows and legal personal representatives the pensions retiring allowances and other amounts hereinafter provided for.

Deduction 41. Upon each periodical payment of the salary of a member from salaries of members. there shall be deducted from the amount payable to him— No. 6006 s. 41. (a) where the payment is made at fortnightly intervals— a sum of Six pounds; (b) where the payment is made at other intervals—a sum at the rate equivalent to Six pounds per fortnight.

Members' 42. (1) (a) Subject to this Division every person who after pensions. the commencement of the Parliamentary Contributory Retirement No. 6006 s. 42. Fund Act 1946 ceases to be a member and who has served as a member for an aggregate period of fifteen years or more shall be entitled to be paid out of the Fund a pension fortnightly at the rate of the basic wage. (b) The service referred to in this sub-section may include service before the commencement of that Act as well as service after such commencement. (2) (a) Subject to this Division every person who after the commencement of the Parliamentary Contributory Retirement Fund Act 1946 ceases to be a member as the result of defeat at an election or as the result of resignation for, or of not seeking re-election owing to, good and sufficient reasons which satisfy the trustees and who has been a member in at least three 1958. The Constitution Act Amendment. No. 6224 297

Parliaments (but does not possess the qualifications specified in the last preceding sub-section) shall be entitled to be paid out of the Fund a pension fortnightly at the rate of the basic wage. (b) The Parliaments referred to in this sub-section may include any Parliament or Parliaments held before or after or current at the commencement of this Act. (3) (a) Every person who after the commencement of this Rearing Act ceases to be a member as the result of defeat at an election and oilier or as the result of resignation for, or of not seeking re-election P3^"^"8 owing to, good and sufficient reasons which satisfy the trustees but is not entitled to a pension pursuant to the foregoing provisions of this section shall be entitled to be paid out of the Fund— (i) in the case where such person has been a member in at least two Parliaments—a retiring allowance of Six . hundred and fifty pounds or of the aggregate amount of the deductions from his salary pursuant to this Division (whichever is the greater); and (ii) in the case where such person has not been a member in at least two Parliaments—a retiring allowance of Three hundred and twenty-five pounds or of the aggregate amount of the deductions from his salary pursuant to this Division (whichever is the greater)— and in the event of the death of such person in either case before such retiring allowance is paid to him it shall be paid to his legal personal representative. (b) If a member dies after the commencement of this Act there shall, unless a pension is required to be paid to his widow under the next succeeding sub-section, be paid out of the Fund to his legal personal representative an amount of Six hundred and fifty pounds or the aggregate amount of the deductions from his salary pursuant to this Division (whichever amount is the greater). (c) The Parliaments referred to in this sub-section include any Parliament or Parliaments held before or after or current at the commencement of this Act.

(4) Upon the death— Pensions lo («) of any person receiving a pension as aforesaid or of members. a member who would have been on ceasing to be a member entitled to receive a pension as afore­ said; or (b) after the commencement of the Parliamentary Contributory Retirement Fund Act 1948, of a member who had been a member in at least three Parliaments (including Parliaments held before or after or current at the commencement of this Act); or 298 1958. The Constitution Act Amendment. No. 6224

(c) after the commencement of the Parliamentary Contributory Retirement Fund Act 1951, of a person who is entitled to receive a pension but whose right to receive that pension is at the date of his death suspended pursuant to section forty-four of this Act— the widow of such person or member shall until her death or re-marriage be entitled to receive out of the Fund a weekly pension equal to the amount of the pension provided in this Division for persons ceasing to be members. In this section " widow" shall not include a woman who married a former member after he had finally ceased to be a member.

Reduction of (5) Where any person to whom any retiring allowance has retiring allowance been paid pursuant to sub-section (3) of this section subsequently when smaller retiring becomes entitled to payment of a greater retiring allowance allowance previously pursuant to the said sub-section (3) the amount of the greater paid. retiring allowance so payable shall be reduced by the amount of the retiring allowance already paid.

Suspension of (6) (a) Where any person to whom any retiring allowance pension where retiring or retiring allowances has or have been paid pursuant to allowance previously sub-section (3) of this section subsequently becomes (whether paid. before or after the commencement of this Act) entitled to payment of a pension pursuant to sub-section (1) or sub-section (2) of this section, payment of such pension shall be suspended until such time as the aggregate of the fortnightly instalments of pension which would have been payable apart from this sub-section would, if so paid, equal the amount of the retiring allowance or allowances received by that person.

Suspension of (b) Where payment of a pension to any person— payment of pension because of (i) is suspended pursuant to this sub-section; or prior receipt of allowance (ii) in the case of a member, would be so suspended upon not to disentitle his ceasing to be a member— widow. then upon the death of that person his widow shall be entitled to a pension under this Division but payment of the pension to the widow shall likewise be suspended for the appropriate period or the balance of the appropriate period (as the case requires).

Provision (7) Where any person to whom a pension would be payable where Common­ apart from the provisions of this sub-section is at the same time wealth pension entitled to payment of any pension under the Commonwealth payable. Act known as the Parliamentary Retiring Allowances Act 1948-1955 or any amendment thereof or Act in substitution therefor, his right to payment of a pension under this Act shall be suspended while he is so entitled under the said Commonwealth 1958. The Constitution Act Amendment. No.. 6224 299

Act: Provided that, where he is actually in receipt of a pension under the said Commonwealth Act and the amount of that pension is less than the amount of the pension that would otherwise have been payable under this Division, the trustees may in their absolute discretion direct payment to that person of a pension of such amount as the trustees think fit but so that the aggregate of both such pensions shall not exceed the amount of the pension provided in this Division for persons ceasing to be members.

(8) Where any person to whom or to whose widow a pension Provision would be payable apart from the provisions of this sub-section has other5 certain on received under the said Commonwealth Act any payment in lieu w|?I"t'h * y e n ts of pension or return of contributions or other similar payment, ?eC e™ e d the provisions of sub-section (6) of this section shall apply in all respects as if the amount of such payment or return of contributions were a retiring allowance paid under this Division and payment of the pension to that person or to his widow shall be suspended accordingly.

43. So far as relates to any person who is for the first time Modification elected as a member of the Parliament of Victoria after the DiJisfonso thirty-first day of October One thousand nine hundred and ["members* fifty-two and the widow of such person the provisions of this jj1^'Matter Division Shall take effect as if commence­ ment of No. 5652. (a) for sub-sections (2) and (3) of the last preceding NO.6006S.43. section there were substituted the following sub-sections:— " (2) Subject to this Division every person who Pensions an

trustees but is not entitled to a pension pursuant to the foregoing provisions of this section shall be entitled to be paid out of the Fund— (i) in the case where such person has been a member in at least three Parliaments—a retiring allowance of Nine hundred and seventy-five pounds or of the aggregate amount of the deductions from his salary pursuant to this Division (whichever is the greater); (ii) in the case where such person has been a member in two Parliaments—a retiring allowance of Six hundred and fifty pounds or of the aggregate amount of the deductions from his salary pursuant to this Division (whichever is the greater); and (iii) in the case where such person has been a member in one Parliament only— a retiring allowance of Three hundred and twenty-five pounds or of the aggregate amount of the deductions from his salary pursuant to this Division (whichever is the greater)— and in the event of the death of such person in any of such cases before such retiring allowance is paid to him it shall be paid to his legal personal representative; (ft) If a member dies after the commencement of the Parliamentary Contributory Retirement Fund Act 1952 there shall, unless a pension is required to be paid to his widow under the next succeeding sub-section, be paid out of the Fund to his legal personal representative an amount of Six hundred and fifty pounds or the aggregate amount of the deductions from his salary pursuant to this Division (whichever amount is the greater)"; (b) for paragraph (b) of sub-section (4) of the last preceding section there was substituted the following paragraph:— " (b) after the commencement of the Parliamentary Contributory Retirement Fund Act 1952 of a member who has served as a member for an aggregate period of eight years or more". 1958. The Constitution Act Amendment. No. 6224 301

44. If a person who is receiving or is entitled to receive a suspension of pension under this Division— feSplent1 becomes a (a) becomes a member of the Parliament of the parliament Commonwealth or of any State, including jfc™£gfc"rice f p t l nder the State of Victoria, the right of that °1 e gr'(j w n person to receive that pension shall while that NQ. 6006"! 44. person continues to be such a member be suspended; (b) accepts an office or place of profit under the Crown (whether in right of the Commonwealth or of any State, including the State of Victoria) which is not an office or place of profit in respect of which an official salary or allowance is paid to a member of Parliament for or in relation to the discharge of parliamentary duties or is not an office of Minister of the Crown, the right of that person to receive that pension shall be suspended while that person continues in such office or place of profit.

45. There shall be paid to any person who before the Pensions for commencement of the Parliamentary Contributory Retirement pTem'i"™ of Fund Act 1952 had been a Premier of the State of Victoria but ^"iL at such commencement was not a member a pension under and No.6006s.45. subject to this Division as though such person had qualified for a pension under sub-section (1) of section forty-two of this Act; but nothing in this section shall be deemed to entitle any widow of such person to a pension under this Division.

46. (1) The Governor in Council may make regulations for Regulations. or with respect to prescribing any matter or thing authorized or NO.6OOGS.46: required to be prescribed by this Division or necessary or expedient to be prescribed for the purposes of this Division.

(2) All such regulations shall be published in the Government Publication. 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 Parliament.

DIVISION 5.—COMMONWEALTH MEMBERS AND ELECTIONS.

47. No member of either House of the Parliament of the Disqualifies Commonwealth shall at the same time be qualified for nomination M0enrn°beraefo?ra' or election as a member of either House of the Parliament of pariuTment. Victoria. No.eoo6s.47 302 1958. The Constitution Act Amendment. No. 6224

(o) Members of 48. When any member of either House of the Parliament Victorian Parliament of Victoria is elected a member of either House of the Parliament elected to Federal of the Commonwealth— Parliament. No. 6006 s. 48. (a) if no petition is lodged against the return of such member to the Parliament of the Commonwealth of Australia within the period provided for lodging such petition then upon the expiration of such period; or (b) if such a petition is lodged within such period and is afterwards finally determined in his favour, then upon final determination— his seat in the Parliament of Victoria shall forthwith become vacant.

Provision for 49. If the Governor in Council is satisfied that any person appointment to public employed in the public service or the teaching service or the service leaching railway service has (whether before or after the commencement service or railway service of this Act)— of persons who have (a) resigned from the service in order to contest any resigned therefrom In Commonwealth election for the Senate or the order to contest House of Representatives; Common­ wealth (b) contested such election; and elections. No. 6006 s. 49. (c) failed to be elected thereat— the Governor in Council notwithstanding anything in the Public Service Act 1958 or the Teaching Service Act 1958 or the Railways Act 1958 may, within two months after the declaration of the poll at such election, by Order published in the Government Gazette appoint such person to an office in the public service or the teaching service or the railway service (as the case may be) at the same classification as he had immediately before his resignation, and thereupon such person shall be deemed to have the same rights in respect of seniority as he would have had if he had not resigned but had continued in the service and, in the case where immediately before his resignation such person was an officer within the meaning of the Superannuation Act 1958, he shall be deemed not to have ceased by reason of his resignation to be such an officer.

DIVISION 6. SUMMONING OF PARLIAMENT. OATH OF ALLEGIANCE.

Summoning 50. The Governor may by proclamation summon the Council of Parliament. and the Assembly to meet for the despatch of the business of No. 6006 s. 50. Parliament on any day not less than six days from the date of such proclamation or in the circumstances mentioned in section

(a) See section 152, and note that the Commonwealth Electoral Act requires a candidate to resign his seat in a State House fourteen days before the date of nomination for the Commonwealth Parliament. 1958. The Constitution Act Amendment. No. 6224 303 three of the Public Safety Preservation Act 1958 not less than two nor more than five days from the date of a proclamation of emergency under such section. 51. When the Governor by proclamation summons the Effect of Council and the Assembly for the despatch of the business of of Parliament. Parliament as provided by the last preceding section the Houses No.6oo6s.si. of Parliament shall thereupon stand prorogued or adjourned (as the case may be) to the day and time declared in such proclamation notwithstanding any previous prorogation of the Council and Assembly to any longer day and notwithstanding any previous adjournment of the Council and Assembly or either of them to any longer day and notwithstanding any former law usage or practice to the contrary. 52. All and singular the order or orders made by the Council How in case of or the Assembly and appointed for the day to which the Council orders of or the Assembly (as the case may be) has been adjourned or to shanrbelouse any day or days subsequent thereto other than and except any have"^ •order or orders specially appointed for particular days and appointed. declared to be so fixed notwithstanding any meeting under the N0-60068-52- provisions of section fifty of this Act and other than and except any order or orders made under the express provisions of any Act of Parliament shall be deemed and taken to have been appointed for the day on which the Council and the Assembly shall meet in pursuance of such proclamation. 53. (1) No member either of the Council or the Assembly oatnof shall be permitted to sit or vote therein respectively until he has ^sooTs 53 taken and subscribed before the Governor or some person authorized by the Governor in that behalf the oath in the Second second o , , , J Schedule. Schedule. (2) Whenever the demise of Her Majesty or of any of her successors to the Crown is notified by the Governor to the Council and the Assembly, the members of the Council and of the Assembly shall before they are permitted to sit and vote therein respectively take and subscribe the like oath to the successor for the time being to the Crown.

DIVISION 7.—PROVISIONS RELATING TO APPROPRIATION BILLS AND DISAGREEMENTS BETWEEN THE HOUSES. 54. (1) A Bill shall not be taken to be a Bill for appropriating Appropriation any part of the revenue of Victoria or for imposing any duty rate "ills- tax rent return or impost by reason only of its containing provisions °*600 s'54' for the imposition or appropriation of fines or other pecuniary penalties or for the demand or payment or appropriation of fees for licences or fees for services under such Bill.(a)

(a) See The Constitution Act, section LVI. 304 1958. The Constitution Act Amendment. No. 6224

Power of (2) The Council may once at each of the undermentioned Council to suggest stages of a Bill which the Council cannot alter return such Bill ulleralinns In Appropriation to the Assembly suggesting by message the omission or amendment Dills. of any items or provisions therein, and the Assembly may if it thinks fit make any of such omissions or amendments with or without modifications: Provided that the Council may not suggest any omission or amendment the effect of which will be to increase any proposed charge or burden on the people. (3) The stages of a Bill at which the Council may return the Bill with a message as aforesaid shall be— (a) the consideration of the Bill in Committee; (b) the consideration of the report of the Committee; and (c) the consideration of the question that the Bill be read a third time.

Annual 55. An annual Appropriation Bill shall deal only with Appropriation Bill to deal appropriation. only with appropriation. No. 6006 s. 55. Provisions 56. (1) If— applicable on disagreements between (a) the Assembly passes a Bill and the Council rejects Houses as to Bills. it; and No. 6006 s. 56. (b) the Assembly is thereafter (but not later than six months before the date of the expiry of the Assembly by effluxion of time) dissolved by the Governor by a proclamation declaring such dissolution to be granted in consequence of the disagreement between the two Houses as to such Bill and as to that one Bill only; and (c) the Bill is passed by the Assembly in the next session (not earlier than nine months after the date of the second reading in the preceding session of the Bill in the Assembly) and is rejected by the Council— the Governor may notwithstanding anything in The Constitution Act by proclamation dissolve the Council: Provided that the Council shall not be dissolved within one month after the Bill is so last rejected by the Council or within nine months after any general or periodical election for the Council.

Joint sitting (2) If after such dissolution of the Council the Assembly of members of both Houses. again passes the Bill in the same or next succeeding session and the Council rejects it the Governor may convene a joint sitting of the members of the Council and of the Assembly. 1958. The Constitution Act Amendment. No. 6224 305

The members present at such joint sitting may deliberate and shall vote together upon the Bill. Any amendments in such Bill proposed at such joint sitting if affirmed by an absolute majority of the whole number of the members of the Council and the Assembly shall be deemed to have been carried. If such Bill with the amendments (if any) so carried is affirmed by an absolute majority of the whole number of the members of the Council and the Assembly it shall be deemed to have been duly passed by the Council and the Assembly and shall be presented to the Governor for Her Majesty's assent. The Speaker of the Assembly or in his absence or at his request the President of the Council shall preside at such joint sitting and shall have a deliberative but not a casting vote. The proceedings at any such joint sitting shall be conducted in accordance with joint standing rules and orders prepared and adopted by the Council and the Assembly and approved by the Governor in the manner provided in section thirty-four of The Constitution Act, and in all cases not provided for in any such joint standing rules and orders resort shall be had to the standing orders rules forms usages and practice of the Assembly so far as the same may be applicable to the proceedings of such joint sitting.

(3) A Bill shall be deemed to be rejected by the Council BHISdeemed if having been transmitted to the Council not less than two months by Council, before the end of the session— (a) it is not, within two months after being so transmitted, passed by the Council; or (b) (where the case so requires) the second and third readings are not, within two months after it has been so transmitted, passed with the concurrence of an absolute majority of the whole number of the members of the Council— either without amendment or with such amendments only as may be agreed to by both Houses (and for the purposes of this and the next succeeding sub-section any omission or amendment suggested by the Council pursuant to section fifty-four shall be deemed to be an amendment made by the Council).

(4) A Bill shall be deemed to be the same Bill as a former Bills deemed to be same Bill transmitted to the Council if, when it is transmitted to the Bills as Council, it is identical with the former Bill or contains only such former Bills. alterations as are certified by the Speaker of the Assembly to be necessary owing to the time which has elapsed since the date of the former Bill or to represent any amendments which have been 306 1958. The Constitution Act Amendment. No. 6224

made by the Council in the former Bill and any amendments which are certified by the Speaker to have been made by the Council after the dissolution of the Council and agreed to by the Assembly shall be inserted in the Bill as submitted to the joint sitting of the members of the Council and of the Assembly in pursuance of this section: Provided that the Assembly may, if it thinks fit, on the passage of such a Bill through the House, suggest any further amendments without inserting the amendments in the Bill, and any suggested amendments shall be considered by the Council, and, if agreed to by the Council, shall be treated as amendments made by the Council and agreed to by the Assembly, but the exercise of this power by the Assembly shall not affect the operation of this section in the event of the Bill being rejected by the Council.

Certificates as (5) When a Bill is presented to the Governor for assent in to compliance with section. pursuance of the provisions of this section there shall be endorsed on the Bill a certificate of the President of the Council and the Speaker of the Assembly signed by them that the appropriate provisions of this section have been duly complied with. certificates to (6) A certificate by the Speaker of the Assembly or (as the case may be) by the President of the Council and the Speaker of the Assembly given under this section shall be conclusive for all purposes and shall not be questioned in any court of law.

Exemptions. (7) Any Bill providing for the abolition of the Council or by which an alteration may be made in Schedule D to The Constitution Act or amending or repealing this section shall not be within the operation of the foregoing provisions of this section. saving. (8) Nothing in the preceding sub-sections of this section shall in any way affect any amendment heretofore made in section sixty-one of The Constitution Act.

Absolute 57. It shall not be lawful to present to the Governor for Her majorities required for Majesty's assent any Bill by which an alteration in the constitution certain Dills. of the Council or the Assembly (other than such alterations as No. 6006 s. 57. are referred to in section sixty-one of The Constitution Act) or in Schedule D to The Constitution Act or in any amendment of the said Schedule or in any provision substituted therefor may be made unless the second and third readings of such Bill have been passed with the concurrence of an absolute majority of the whole number of the members of the Council and of the Assembly respectively. This section shall be read as in aid of and not in derogation from the provisions of section sixty of The Constitution Act and shall not be read or construed so as to limit the effect of the last preceding section. 1958. The Constitution Act Amendment. No. 6224 307

DIVISION 8. FEMALE CANDIDATES, MEMBERS AND ELECTORS.

58. Notwithstanding anything in The Constitution Act or this Women nol to Act no woman shall by reason only of sex or marriage be rromSbSn'gied disqualifi&d or disabled from or be incapable of being a candidate Sllcou^clfor at any election whether for the Council or the Assembly or being 'he Assembly. elected a member of the Council or Assembly or sitting or voting N°-6006s-58- therein if elected.

59. (1) Where in this or any other Act whether passed before Application to or after the commencement of this Act any reference is made nieces in s to persons voters or electors entitled claiming or attempting to £" '6 59 vote or to become electors (as the case may be) or voting at parliamentary elections such reference shall so far as is consistent with this Act be deemed and taken to extend to women whether married or single. (2) No married woman shall by reason of coverture only be Eirecu>r disqualified from being enrolled or be deemed incapable of coverU"c- exercising any rights with respect to voting which are conferred by this Act.

(3) No female elector shall because her surname has been Names of changed by marriage be disqualified from voting under the name women1! appearing on the roll.

DIVISION 9.—ACTS OF PARLIAMENT. 60. The Clerk of the Parliaments shall indorse on every Act Date of of Parliament immediately after the title of such Act the day ^"miortd month and year when the same has passed and received the Royal S^^e1"1 assent, and such indorsement shall be taken to be part of such Act sha" be take" ,,,,„. r, as commence- and to be the date of its commencement where no other mem of Act commencement is therein provided. An Act which has been is provided. reserved by the Governor for the signification of Her Majesty's No.6oo6s. 60. pleasure thereon shall for the purposes of this section be deemed to have received the Royal assent on the day when a proclamation by the Governor that Her Majesty has been pleased to assent to the same is published in the Government Gazette.

61. Whenever by any Act of Parliament a day or time is Wherelhe appointed fixed or indicated as the day or time on or at which any time-fixed by rr , • • ^ . i rr . i . . . ^ an Act for the act matter or thing is to be done or effected and such day or time 2c\'&g "cannot is antecedent to the passing of such Act and its receiving the beobserved Royal assent the Governor in Council unless the contrary is antecedent to expressly enacted may by publication in the Government Gazette me AmSIo£ appoint or fix or indicate a day or time for doing or effecting counc"°may such act matter or thing and every such act matter or thing done fixatimc- or effected upon the day or time so appointed fixed or indicated 308 1958. The Constitution Act Amendment. No. 6224 shall be as good valid and effectual as if it had been done or effected on the day or at the time appointed fixed or indicated in the Act and all provisions of the Act following and dependent directly upon the doing or effecting of such act matter or thing shall be read and construed as if the date or time so appointed fixed or indicated by the Governor in Council had been the date appointed fixed or indicated in the Act.

Where bill for 62. Where in any session any bill is introduced into either continuing Act which would House of Parliament for the continuance of any Act which would expire during the session expire in such session and such Act has expired before the bill (Iocs not pass before the Act for continuing the same has received the Royal assent such expires such Act shall be continuing Act shall be deemed and taken to have effect from deemed to continue from the expiration of the Act intended to be continued as fully and expiration. effectually to all intents and purposes as if such continuing Act No. 6006 s. 62. had actually passed before the expiration of such Act except it is otherwise specially provided in such continuing Act: Provided that nothing herein contained shall extend or be construed to extend to affect any person with any punishment penalty or forfeiture whatsoever by reason of anything done or omitted to be done by any such person contrary to the provisions of the Act so continued between the expiration of the same and the date at which the Act continuing the same receives the Royal assent.

DIVISION 10. PUBLICATION OF PARLIAMENTARY PROCEEDINGS.

(jovcinmeiil l'i inter. 63. (1) The Governor in Council, subject to the Public No. 6006 s. 63. Service Act 1958, may appoint a Government Printer for Victoria, and suspend or remove such Government Printer and appoint another in his stead as occasion requires. tiovernment (2) The Government Printer shall be deemed to be and always l*i inter deemed to be to have been authorized by each House of Parliament to publish ami to have been the reports of debates in each such House. authorized to publish reports of Parliamentary debates. Publication of 64. (1) Any person who is a defendant or respondent in any icports pioceedings civil criminal or mixed proceeding commenced or prosecuted in &c. of either House of any manner whatsoever for or on account or in respect of the Parliament protected. publication of any report paper votes or proceedings of the Houses No. 6006 s. 64. of Parliament or either of them or of any Committee of such Houses or either of them by such person or by his officer or servant by or under the authority of such Houses or either of them or of any Committee of such Houses or either of them may bring before the court in which such proceeding has been or is so commenced or prosecuted or before any judge of the same, first giving twenty-four hours' notice of his intention so to do to the prosecutor or plaintiff in such proceeding, a certificate (as the case may require) under the hand of the President of the Council or 1958. The Constitution Act Amendment. No. 6224 309 of the Speaker of the Assembly or under the hands of the said President and the said Speaker or under the hand of the Clerk of the Parliaments or of the Clerk of the Council or of the Clerk of the Assembly stating that the report paper votes or proceedings (as the case may be) in respect whereof such proceeding has been commenced or prosecuted was published by such person or by his officer or servant by order or under the authority of such Houses or either of them or of any Committee of such Houses or either of them together with an affidavit verifying such certificate. (2) The court or judge shall thereupon immediately stay such proceeding; and the same and every writ or process issued therein shall be and shall be deemed and taken to be finally put an end to determined and superseded by virtue of this Act. (3) In this and the next succeeding section "judgeM includes a chairman of general sessions and any reference to the publication of proceedings of either House of Parliament shall include and shall be deemed always to have included a reference to the publication of the reports of debates in either such House.

65. (1) In case of any civil criminal or mixed proceeding for copy of or on account or in respect of the publication of any copy of such report thereof. report paper votes or proceedings the defendant at any stage of N°jf°$ the proceeding may lay before the court or judge such report paper votes or proceedings and such copy, with an affidavit verifying such report paper votes or proceedings and the correctness of such copy. (2) The court or judge shall immediately stay such proceeding; and the same and every writ or process issued therein shall be and shall be deemed and taken to be finally put an end to determined and superseded by virtue of this Act. (3) It shall be lawful, in any civil criminal or mixed Extractor proceeding for printing any extract from or abstract of such report proceedings. paper votes or proceedings, to give in evidence such report paper votes or proceedings, and to show that such extract or abstract was published bona fide and without malice; and if such is the opinion of the judge or of the jury (as the case may be) in any such proceeding a judgment or a verdict (as the case may require) shall be entered for the defendant.

DIVISION 11. EXPENSES OF EXECUTIVE AND LEGISLATIVE COUNCILS. 66. (1) There shall be payable in every year to Her Majesty fgelations out of the Consolidated Revenue (which is hereby to the necessary for expenses . -^j j-i\ •'of Executive extent appropriated accordingly)— councii.and (a) for the Clerk and expenses of the Executive Council Co""0"- a sum not exceeding Two thousand pounds; and N°«3Ss.2. 310 1958. The Constitution Act Amendment. No. 6224

(b) for the Clerk and expenses of the Legislative Council a sum not exceeding Twenty-two thousand five hundred pounds. (2) The said sums shall be issued by the Treasurer in discharge of such warrants as shall from time to time be directed to him by the Governor. (3) Accounts in detail of the expenditure of the several sums expended under the authority of this section shall be laid before both Houses of Parliament within thirty days from the beginning of the session next after the termination of the year in which such expenditure shall have been made.

PART III.—LEGISLATIVE COUNCIL.

Interpretation. 67. In this Part unless inconsistent with the context or NO. 6006 s. 67. subject-matter—

' Member.' Member " means a member of the Council.

• Seat." Seat " means the right of sitting and voting as a member in the Council.

DIVISION 1.—PROVINCES AND MEMBERS. Number of 68. The Council shall consist of thirty-four members who coSncli?0' shall be representatives of and elected by the electors of the NO. 6oo6s. 68. respective electoral provinces.

Division of 69. (1) Victoria shall be divided into seventeen electoral Victoria into seventeen provinces each of which shall return two members to the Council. provinces. No. 6006 s. 69. Boundaries (2) The name and boundaries of each electoral province shall and names of provinces and be those set forth in the Third Schedule. subdivisions. Third Schedule. (3) The Governor in Council may by proclamation published in the Government Gazette— (a) divide any province into subdivisions; (b) specify the names and boundaries of subdivisions; and (c) alter the name and boundaries of any subdivision: Provided that each subdivision of a province shall correspond with a subdivision of an electoral district. (4) The subdivisions and the names and boundaries thereof shall be such as are specified in any such proclamation. 1958. The Constitution Act Amendment. No. 6224 311

DIVISION 2. PERIOD OF MEMBERSHIP 70. Subject to the provisions of this Act every member of the Tenure or Council (except a member elected to fill a casual vacancy) shall be SO!"«KWV 70. entitled to hold his seat for a period of six years only, save and except that one-half of the members who are elected for provinces at any general election for the Council shall be entitled to hold their seats for a period of three years only.

Commence­ 71. (1) The period during which a member of the Council is ment of entitled to hold his seat therein shall commence from and including {^^ship the date appointed for taking the poll at the general or periodical No.6oo6s.7i. election of members at which such member is elected. (2) A member of the Council elected to fill the place of any in case of member whose seat becomes vacant otherwise than by his vacancies. retirement by effluxion of time or the dissolution of the Council shall subject to this Act be entitled to hold the seat during the unexpired portion of the period for which his predecessor was elected.

72. Every retiring member of the Council shall if not otherwise Members to disentitled be capable of being re-elected and except when the election of c 0 Council is dissolved shall be entitled to sit and vote as a member ^ ^, 6™' 12 during the progress of and until the day before the day appointed for the polling at the election of a member to fill his place for the province represented by him.

DIVISION 3.—QUALIFICATION ETC. OF MEMBERS. 73. Any natural-born subject of Her Majesty, or any alien Aduit naturalized by law for the space of five years and resident in for members Victoria for the space of two years, who is of the full age of of Council. twenty-one years, shall be qualified to be elected a member of No. 6006 s. 73 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 may be his rank title or designation; (c) has been convicted of treason or any felony or infamous crime in any part of Her Majesty's - dominions; or ^~""~ —-•••• (d) is an uncertificated bankrupt or insolvent. &

74. (1) If any person who is not qualified to be or not Avoidance ot capable of being elected a member of the Council is elected and unqualified returned as a member of the Council such election and return fT™^ „, No. 6006 S. 74. 312 1958. The Constitution Act Amendment. No. 6224

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, he shall be liable to a penalty of Two hundred pounds to be recovered by any person who sues for the same in any court of competent jurisdiction.

DIVISION 4.—APPOINTMENT OF ACTING PRESIDENT. Appointment of Acting 75. (1) In the absence of the President from the Council in President in consequence of leave of absence granted to him by the Council or case of absence of of illness or other unavoidable cause the Council may (if it so President. desires) choose some other member of the Council to fill No. 6006 s. 75. temporarily the office and perform all the duties of the President during such absence.

(2) All acts matters and things required either by statute or custom to be done and performed by the President— (a) shall be done and performed during such absence by the member so temporarily chosen; and (b) shall be as valid and effectual as if done and performed by the President. (3) The member so temporarily chosen shall during such absence be called the Acting President.

DIVISION QUALIFICATION OF ELECTORS. Adult suffrage 76. Subject to the disqualifications hereinafter mentioned every for Legislative Council. person of the full age of twenty-one years who— No. 6006 s. 76. (a) is a natural-born or naturalized subject of Her 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 1958. The Constitution Act Amendment. No. 6224 313

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; (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.

77. No person who is of unsound mind and no person Disquaimca- convicted of r treason or who has been convicted and- i-s r under donslons . sentence for any offence punishable under the law of Victoria No. 6006 8. 77. or any other part of the Queen'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.

DIVISION 6.—ELECTORAL REGISTRARS AND ROLLS.(a) 78. The electoral registrar for each subdivision of a district Electoral shall also be the electoral registrar for the corresponding ^o! awf's. 78. subdivision of a province.

79. (1) There shall be a roll for each province. (2)There shall be a separate roll for each subdivision of a Roiistot e d province, which roll shall be the roll for the time being in force subdiv?s k>ns. for the corresponding subdivision of an electoral district. No. 6006 s. 79. (3) The rolls for all the subdivisions of a province shall together form the roll for the province.

(4) Supplemental rolls setting out additions since the latest Supplemental print of the rolls shall be prepareprep d and printed immediately before roUs~"° any election for the Council. (a) This complete Division was substituted by No. 5465 s. 4 (1) for the original Divisions 7 and 8 of Part III. of No. 3660 as radically amended and largely replaced by No. 4350 ss. 5-7. 314 1958. The Constitution Act Amendment. No. 6224

Rolls for purposes of 80. (1) Every divisional returning officer after the issue of Council the writ and before the day of nomination for any election for elections. the Council for any province situate in whole or in part within the No. 6006 s. 80. Commonwei lth 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 be the electoral roll for the subdivision. (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 81. Subject to and so far as necessary for the purposes of this application of Part IV. Division, the provisions of Division five of Part IV. of this Act Division 5 in relation to relating to the preparation maintenance printing revision and preparation &c. of rolls to alteration of rolls shall with such adaptations as are necessary Council extend and apply to elections for the Council. elections. No. 6006 3. 81. 1958. The Constitution Act Amendment. No. 6224 315

82. Wilhout affecting the generality of the provisions of the special last preceding section, the provisions of section one hundred and lxiossfor° five of this Act shall extend to empower the Governor in Council oTrotifof to arrange with the Governor-General of the Commonwealth for Jheca>rSnciri. the preparation alteration and revision of rolls of electors for the No.6oo6s. 82. Council and the provisions of that section shall with such adaptations as are necessary apply for the purposes of the arrangement.

83. (1) Where any accidental or unavoidable impediment Correction of 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 as to and notwithstanding such impediment misfeasance or omission. (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.

84. (1) The Governor in Council may make regulations— Regulations. (a) prescribing any forms required to be prescribed under No-6006sM this Division; (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 Parliament.

PART IV.—LEGISLATIVE ASSEMBLY. DIVISION 1. DISTRICTS AND MEMBERS. 85. Victoria shall be divided into electoral districts as provided Division of in this Act and the electors of each of such districts shall elect electoral one member for the Legislative Assembly. N'O'WOSS.SS 316 1958. The Constitution Act Amendment. No. 6224 constitution 86. The Legislative Assembly shall consist of the members NOA6OO™S?86. elected by and representative of the electors of the respective electoral districts as aforesaid.

Names and boundaries of 87. The name and boundaries of each electoral district shall districts. be those set forth in the Fourth Schedule. No. 6006 s. 87. Fourth Schedule.

Kedivision of Victoria into 88. Whenever any alteration is made in the number of electoral districts. Commonwealth Electoral Divisions in Victoria or in any No. 6006 s. 88. boundaries thereof the following provisions of this Division shall apply and have effect with respect to the redivision of the State of Victoria into electoral districts for the Legislative Assembly of Victoria: Provided that no such redivision shall be made if the whole number of members of the Legislative Assembly would be thereby decreased.

Commis­ sioners to be 89. (1) For the purpose of each such redivision of the State appointed. of Victoria into electoral districts three Commissioners shall be No. 6006 s. 89. 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; (c) one shall be the Secretary for Lands. (3) The Governor in Council may appoint one of the Commissioners to be chairman.

Proceedings at meetings. 90. At all meetings of the Commissioners the chairman if No. 6006 s. 90. present shall preside and in his absence the Commissioners present shall appoint one of their number to preside, and at all such meetings two Commissioners shall be a quorum and shall have full power to act.

Basis of redivision of 91. (1) In making any proposed redivision of the State of Victoria into Victoria into electoral districts under this Act the Commissioners electoral districts. shall provide for electoral districts on the basis of each of the No. 6006 s. 91. Commonwealth electoral divisions in Victoria existing at the date of the making of the proposed redivision being divided into two electoral districts for the Legislative Assembly approximately equal in number of electors and so that at the date of the making of the proposed redivision in no case will the number of electors in any such electoral district exceed fifty-five per centum or be less than forty-five per centum of the number of electors enrolled for the Commonwealth electoral division in which it is comprised. 1958. The Constitution Act Amendment. No. 6224 317

(2) in making any such proposed redivision the Commissioners shall give due consideration to— (a) existing boundaries of subdivisions; (b) the likelihood of any change in the distribution of electors within any locality; (c) community or diversity of interests; (d) means of communication; (e) physical features.

92. Before reporting as hereinafter provided on any proposed Power to .... , _ r . V i . - < *. j • -^ Commis- redivision the Commissioners may obtain such reports and visit sionersto such places in Victoria as they deem advisable, places in Victoria. No. 6006 si 92. 93. The Commissioners shall forward to the Minister their *,evo£.ot report upon the proposed redivision and the number of electors doners.*' for the Legislative Assembly residing in each proposed electoral No.6006s.93. district as nearly as can be ascertained together with a map signed by the Commissioners showing the name and the boundaries of each proposed electoral district. 94. Within fourteen days after receipt by the Minister of the Report and report and map a copy thereof shall be laid before both Houses laid before of Parliament if Parliament is then sitting or if Parliament is Parliament. not then sitting within fourteen days after the next meeting of No. 6006 s. 94. Parliament and a copy thereof shall be posted to each Member of Parliament.

95. (1) Unless within twenty-eight days after the report and A^p^of map are so laid before the Legislative Assembly each House of NO. 6oo6s.9s. Parliament passes a resolution disapproving the proposed redivision or negatives a motion for the approval of the proposed redivision the proposed redivision shall be deemed to be adopted. (2) If each House of Parliament passes a resolution Reconsidera- disapproving the proposed redivision or negatives a motion for proposal. the approval of the proposed redivision the Minister may direct the Commissioners to propose a fresh redivision; and the Commissioners shall thereupon reconsider the redivision and . forthwith propose a fresh redivision. (3) The Commissioners shall forward the proposed fresh ^eiaidposal redivision to the Minister who shall cause it to be laid before ^°jj t 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. p n f (4) Unless within twenty-eight days after the proposed fresh £^ |j°0 p° sa, redivision is so laid before the Legislative Assembly each House of Parliament passes a resolution disapproving the proposed fresh 318 1958. The Constitution Act Amendment. No. 6224 redivision or negatives a motion for the approval of the proposed fresh redivision, the proposed fresh redivision shall be deemed to be adopted.

Proclamation 96. (1) When the proposed redivision or the proposed fresh of electoral districts. redivision is so adopted or deemed to be adopted the Governor in No. 6006 s. 96. Council may by proclamation published in the Government Gazette declare the names and boundaries of the electoral districts.

Substitution (2) On from and after the day of the dissolution or other of names and boundaries lawful determination of the Legislative Assembly occurring next declared for those after the publication of such proclamation (which day is previously existing. hereinafter referred to as the " appointed day ") such electoral districts shall be the electoral districts for the Legislative Assembly for the purposes of this Act; and the names and boundaries so Fourth declared shall be substituted for those provided for in the Fourth Schedule. Schedule to this Act or any substitution therefor and shall take effect as if enacted in the said Fourth Schedule; and any reference in this or any other Act to the said Fourth Schedule shall be deemed and taken to refer to the said proclamation.

Provision for (3) Until such appointed day the redivision shall not affect extraordinary vacancy. any election of a member of the Legislative Assembly to serve in the place of a member whose seat has become vacant; but for the purposes of any such election the electoral districts and any subdivisions as theretofore existing and the electoral rolls in respect thereof shall continue to have full force and effect notwithstanding that any new electoral rolls have been prepared for the new electoral districts.

New rolls to 97. (1) As soon as practicable after the publication in the be prepared. Government Gazette of any proclamation of the Governor in No. 6006 s. 97. Council declaring the names and boundaries of the electoral districts as aforesaid new electoral rolls shall be prepared in accordance with this Act for the several electoral districts mentioned in the proclamation and the subdivisions thereof proclaimed as hereinafter provided.

To be prepared on (2) The said new electoral rolls shall so far as practicable be the basis of prepared on the basis of existing electoral rolls with any necessary existing rolls. alterations and additions.

Proclamation (3) For the purposes of the preparation of the said new of subdivisions. electoral rolls the Governor in Council may by proclamation published in the Government Gazette— (a) divide any electoral district aforesaid into subdivisions; (b) specify the boundaries and names of such subdivisions. 1958. The Constitution Act Amendment. No. 6224 319

(4) On from and after each appointed day— S«O?MW (a) the new electoral rolls under this section, altered if roUs-&c- necessary so as to include all names duly added thereto before the appointed day and to exclude all names duly removed therefrom before the said day, shall come into force and shall continue in force subject to the provisions of this Act; (b) all electoral rolls of electors for the Legislative Existingrous. Assembly in force immediately before the appointed day shall cease to have any further force or effect; (c) the subdivisions as proclaimed under this section shall Subdivisions. be the subdivisions of the electoral districts under this Act with the boundaries and names so proclaimed in all respects as if such proclamation had been made under section one hundred and seven of this Act.

98. Without affecting any powers of the Governor in Council General or the Minister under this or any other Act the Governor in Governor in Council may— Council. No. 6006 s. 98. (a) by Order give such directions or provide for all such matters or things as appear necessary or expedient— (i) for the purposes of the preparation of the new electoral rolls provided for in this Division; or (ii) generally for the purposes of carrying into effect any of the provisions of this Division or of this Act as affected by this Division; (b) modify any provisions of any proclamation Order in Council or regulation thereunder so far as appears necessary or expedient to give effect to any direction or Order under this section.

DIVISION 2. QUALIFICATION OF MEMBERS. 99. Any natural-born subject of Her Majesty, or any alien Qualification naturalized by law for the space of five years and resident in Assembly. Victoria for the space of two years, who is of the full age of NO. 6006S.99. twenty-one years, shall be qualified to be elected a member of the Assembly, provided he is not subject to any of the disabilities created by The Constitution ActM as amended by this or any other Act.

(a) See The Constitution Act, section XI. 320 1958. The Constitution Act Amendment. No. 6224

Uncertificated 100. (1) No person being an uncertificated bankrupt or bankrupt or insolvent insolvent shall be capable of being elected a member of the incapable of election. Assembly. No. 6006 s. 100. (2) If any such person is elected and returned as a member of the Assembly such election and return shall be void. Effect of (3) Every person so elected who sits or votes as a member of incapacity. the Assembly shall be liable to a penalty of Two hundred pounds for every day on which he so sits or votes to be recovered with full costs of suit by any person who sues for the same in any court of competent jurisdiction.

DIVISION 3.—DURATION OF ASSEMBLY.

Duration of Assembly. 101. The present and every future Assembly shall exist and No. 6006 continue for three years from the day of the first meeting thereof s. 101. and no longer; subject nevertheless to be sooner dissolved by the Governor.

DIVISION 4. QUALIFICATION OF ELECTORS. Qualification 102. Subject to the disqualifications hereinafter mentioned firethetors every person of the full age of twenty-one years who—

No. 6oo6 (a) is a natural-born or naturalized subject of Her s102- 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— shall (subject to this Act) be entitled in respect of residence in such subdivision— to be enrolled as an elector for the Assembly 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 Assembly for the district: Provided that— (i) an elector who has changed his residence to another place within the same subdivision or to another subdivision of the same district 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 1958. The Constitution Act Amendment. No. 6224 321 (ii) an elector who within three months before any election has changed his residence to another district may vote at that election for the district for which his name appears on the roll prepared as hereinafter provided for the purposes of that election.

Disquali­ 103. No person who is of unsound mind and no person fication. attainted of treason or who has been convicted and is under No. 6006 sentence for any offence punishable under the law of Victoria or s. 103. any other part of the Queen'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 Assembly or to vote at any election for the Assembly.

DIVISION 5.—ELECTORS FOR THE ASSEMBLY AND ROLLS OF ELECTORS. 104. (1) In his Division unless inconsistent with the context interpretation, or subject-matter—

" Divisional returning officer " means the Commonwealth " Divisional returning divisional returning officer for the Commonwealth officer." electoral division in which the particular State subdivision is situate. " Elector " means any person whose name appears on a ' Elector." roll as an elector for the Assembly. " Electoral paper " includes any electoral claim and any " Electoral prescribed form. paper." *' Officer " includes any person discharging the duties of ' Officer.' any office under this Division. " Proclamation " means proclamation of the Governor in " Proclama­ Council published in the Government Gazette. tion." " Regula­ " Regulations " means regulations under this Part. tions." " Roll " means roll of electors for the Assembly under this ' Roll." Part. (2) Where in this Act the expression "residence" or "Residence." " resides " or any like expression occurs such expression shall for "Resides" the purposes of the preparation alteration and revision of rolls of electors for the Assembly pursuant to any arrangement as hereinafter provided and for the purposes of such rolls be deemed and taken to refer to " place of living " or " lives " or any other VOL. II.—11 322 1958. The Constitution Act Amendment. No. 6224 like expression occurring in any such rolls or any forms or regulations relating to the preparation alteration and revision of such rolls.

Arrangement 105. (1) The Governor in Council may arrange with the with Common­ Governor-General of the Commonwealth for the preparation wealth as to rolls. alteration and revision of rolls of electors for the Assembly in any No. 6006 manner consistent with the provisions of this Act jointly by the s.105. State of Victoria and the Commonwealth to the intent that the rolls may be used as electoral rolls for Commonwealth elections as well as for elections for the Assembly. Contents of (2) When any such arrangement has been made either before rolls Ac. or after the commencement of this Act— (a) the rolls may contain for the purposes of Commonwealth elections— (i) the names and descriptions of persons who are not entitled to be enrolled thereon as electors for the Assembly, provided that it is clearly indicated in the prescribed manner that those persons are not enrolled thereon as electors for the Assembly; (ii) distinguishing marks against the names of persons enrolled as electors for the Assembly to show that those persons are or are not also enrolled as electors for Commonwealth elections; and (iii) other particulars in addition to the prescribed particulars; and (b) for the purposes of this Act the names and descriptions marks and particulars so contained shall not be deemed part of the roll.

Preparation 106. (1) As soon as practicable after the making of an of rolls. No. 6006 arrangement as hereinbefore provided rolls of electors for the s.106. Assembly shall be prepared as directed by proclamation and in the manner specified in the proclamation.

Saving as to (2) Any rolls purporting to have been prepared in pursuance rolls already prepared. of such an arrangement made prior to the commencement of this Act shall as they existed at the commencement be deemed to be rolls under this Act.

Provision (3) If any such arrangement ceases to operate— where arrangement (a) the rolls then in existence shall as added to or altered ceases to operate. from time to time be the rolls of electors for the Assembly until superseded by new rolls under this Division; and 1958. The Constitution Act Amendment. No. 6224 323 (b) for the purposes of such rolls or new rolls the chief electoral officer and the electoral registrars or such other officers as are prescribed (and if necessary appointed by the Governor in Council) shall have and perform all the duties and functions of divisional returning officers under this Division. 107. (1) The Governor in Council may by proclamation— Power of v ' J J r Governor in (a) divide any district into subdivisions; SbdivHSn? (b) specify the boundaries and names of subdivisions; Zeros'3 and s. 107. (c) alter the boundaries and name of any subdivision: Provided that nothing in this sub-section shall empower the Governor in Council to alter the boundary of any subdivision where that boundary corresponds with the boundary of a province of the Legislative Council. (2) The subdivisions and the boundaries and names thereof shall be such as are specified in any such proclamation.

108. When Changes to bo made m rolls (a) a district is divided into subdivisions; or °fd?s'tticvts8c-(rn (b) the boundaries of a district or of a subdivision are gJJSndlSte? altered— NO. «»6 such changes in rolls as are thereby rendered necessary for the transfer of names of electors for the Assembly from one roll to another shall be made in the prescribed manner. 109. (1) The Governor in Council may appoint for any one Appointment if. • t . i « , i of officers. or more subdivisions an electoral inspector and an electoral N0.600s. 109. 6 registrar. ' i (2) The Governor in Council may remove any such person from his office; and every such person may resign his office. (3) By arrangement with the chief electoral officer for the Commonwealth the divisional returning officer may act as electoral registrar for any subdivision for which an electoral registrar is not appointed and any Commonwealth officer may act as electoral inspector for any subdivision for which an electoral inspector is not appointed. (4) Electoral inspectors shall have such powers and perform such duties as are prescribed. (5) Every electoral registrar and every electoral inspector shall act under and be subject to the control of the chief electoral officer for Victoria who may inspect all books rolls and documents kept by any electoral registrar for the purposes of this Part and satisfy himself that the duties imposed on electoral registrars by this Part have been carried out. 324 1958. The Constitution Act Amendment. No. 6224 (6) Every electoral registrar and every electoral inspector shall be paid such allowance as is fixed by the Governor in Council.

Kolls for 110. (1) There shall be a roll for each district. district and subdivisions. (2) There shall be a separate roll for each subdivision. No. 6006 s. 110. (3) The rolls for all the subdivisions of a district shall together form the roll for the district.

Form of rolls. (4) The rolls— (a) may be in the prescribed form; (b) shall set out the surname christian or other names residence occupation (or other prescribed particulars) and sex of each elector; (c) shall contain such further particulars as arc prescribed; and (d) shall be arranged in alphabetical order of surnames and where the surnames are identical then in alphabetical order of the christian or other names.

New rolls. 111. (1) New rolls generally and new rolls for any district No. 6006 or subdivision shall be prepared whenever directed by s. ill. proclamation. (2) The rolls shall be prepared under a system of compulsory enrolment. (3) The proclamation may specify the manner in which the rolls shall be prepared; and may require every person entitled to enrolment on any new roll to sign and send to the proper officer in accordance with the regulations a form of claim for enrolment and otherwise to comply with the regulations relating to compulsory enrolment:

Elector still Provided that where an elector is enrolled for the subdivision entitled not required to in which he resides he shall not be required to sign and send in send claim. any claim for enrolment in connexion with the preparation of a new roll for that subdivision.

Alterations 112. (1) The registrar upon the receipt by him of a new roll which may be made in new for a subdivision shall— roll by registrar. (a) make additions alterations and corrections therein; No. 6006 s. 112. and (b) remove names therefrom— pursuant to claims or notifications received by him between the date of the proclamation directing the preparation of the new rolls and the date of the notification that such rolls have been prepared where such additions alterations or corrections have not already been made in or such removals have not been made from such new roll. 1958. The Constitution Act Amendment. No. 6224 325

(2) Where objections have been lodged or notices of objections objection have been issued and action in respect of such objections ob?e«ions?of or notices of objection has not been completed prior to the notification that new rolls have been prepared such objections or notices of objection shall have effect in relation to the new rolls as if such rolls had been in existence at the time of the lodging of the objections or the issuing of the notices of objection.

113. (1) Rolls generally or the roll for any district or Printing of lls subdivision shall be printed whenever the Minister so directs. ™ ' c x No. 6006 s 113. (2) Supplemental rolls setting out additions since the latest supplementarolls. l print of the rolls shall be prepared and printed— (a) immediately previous to a general election for the Assembly or any election of a member of the Assembly to serve in the place of a member whose seat has become vacant; and (b) at such other times as the Minister directs. (3) Forthwith after the printing of rolls copies thereof shall be furnished to registrars; and the registrar for each subdivision shall forthwith sign and transmit a copy of the roll for the subdivision for which he is registrar to the State returning officer for the district.

114. Copies of the latest print of the roll for any subdivision Inspection of rolls. and of any supplemental roll shall— No. 6006 s. 114. (a) be open for public inspection without fee at the office of the chief electoral officer and of the registrar at all convenient times during office hours and at such other places as are prescribed; and (b) on payment of the prescribed price be obtainable at copies such post-offices in <\e subdivision as the chief obtainable- electoral officer appoints.

115. All officers in the service of the Government of Victoria, Officers and all members of the police force, and all electors or persons °uS,to qualified to be electors shall upon application furnish to the chief toformation- electoral officer for Victoria or to any officer acting under his ^Tis?06 direction all such information as is required in connexion with the preparation maintenance or revision of the rolls.

116. (1) Names may be added to rolls pursuant to claims for Addition of , .. c £ i ^ names to rolls enrolment or transfer of enrolment. No. 6006 s. 116. (2) A claim shall be in the prescribed form, be signed by the claimant with his personal signature, and be attested by a prescribed witness who shall sign his name as witness in his own handwriting. 326 1958. The Constitution Act Amendment. No. 6224

Claims for 117. (1) Any person qualified for enrolment who resides in enrolment. No. 6006 a subdivision and has so resided for a period of one month last s. 117. past shall be entitled and may claim to have his name placed on the roll for that subdivision.

Claims for transfer of (2) Any elector whose name is on the roll for any subdivision enrolment. and who resides in any other subdivision and has so resided for a period of one month last past shall be entitled and may claim to have his name transferred to the roll for the subdivision in which he resides. (3) No person may claim to have his name placed on more than one roll or upon any roll other than the roll for the subdivision in which he resides.

Compulsory 118. (1) Every person who is entitled to have his name enrolment Ac. No. 6006 placed on the roll for any subdivision (whether by way of s. 118. enrolment or transfer of enrolment) and whose name is not on the roll shall forthwith fill in and sign, in accordance with the directions printed thereon, a claim in the prescribed form, and send or deliver the claim to the registrar for the subdivision. (2) Every person who is entitled to have his name placed on the roll for any subdivision (whether by way of enrolment or transfer of enrolment) and whose name is not on the roll upon the expiration of twenty-one days from the date upon which he became so entitled or at any subsequent date while he continues to be so entitled shall be liable for a first offence to a penalty of not more than Ten shillings and for any subsequent offence to a penalty of not more than Two pounds unless he proves that his non-enrolment is not in consequence of his failure to send or deliver to the registrar for the subdivision for which he is entitled to be enrolled a claim in the prescribed form duly filled in and signed in accordance with the directions printed thereon. (3) Every person who changes his residence from one address in the subdivision for which he is enrolled to another address in that subdivision, and who at any time after the expiration of twenty-one days from the date of making the change has failed to notify the registrar for the subdivision in the prescribed form of the new address shall be liable for a first offence to a penalty of not more than Ten shillings and for every subsequent offence to a penalty of not more than Two pounds.

Registration 119. (1) A registrar upon receipt by him of a claim for of claim. No. 6006 enrolment or transfer of enrolment— s. 119. (a) shall note on the claim the date of its receipt; and 1958. The Constitution Act Amendment. No. 6224 327 (b) if the claim is in order and he is satisfied that the claimant is entitled to be enrolled shall forthwith— (i) enter on the roll for the subdivision the claimant's name and the particulars relating to his enrolment; and (ii) notify the claimant in the prescribed form that he has been enrolled; and : (iii) in the case of a transfer of enrolment give notice in the prescribed form of the transfer to the registrar keeping the roll for the subdivision from which the elector's name has been transferred. (2) The registrar keeping the roll for the subdivision from Removal of name in case which an elector's name has been transferred shall upon receiving of transfer of the notice of the transfer remove the elector's name from the roll enrolment. kept by him, and such removal shall be deemed to have been made at the time of the receipt of the claim for enrolment on the roll for the subdivision to which the elector's name has been transferred.

120. (1) A registrar on receipt of a claim shall if he is not Reference of claims to satisfied that the claimant is entitled to be enrolled in pursuance divisional returning of the claim forthwith— officer or prescribed (a) refer the claim, with such observations as he thinks officer. proper, to the divisional returning officer for his No. 6006 decision; and s. 120. (b) send to the claimant a notification in the prescribed form that the claim has been so referred. (2) The divisional returning officer shall forthwith after making such inquiry as is necessary to enable him to decide the claim return the claim to the registrar, and notify the registrar of his decision and if he decides to reject the claim of the reason for such decision. (3) If the divisional returning officer decides that the claimant is entitled to enrolment pursuant to the claim the registrar shall forthwith on receipt of the notification to that effect enrol the claimant, and send to him a notice in the prescribed form that he has been so enrolled. (4) If the divisional returning officer decides that the claimant is not entitled to enrolment pursuant to the claim, the registrar shall forthwith on receipt of the notification to that effect send to the claimant a notice in the prescribed form that his claim has been rejected specifying the reason for such rejection and advising the claimant that he is entitled at any time within one month after the receipt of the notice to appeal to a court of petty sessions for an order directing that his name be added to the roll.(o)

(a) See section 130. S28 1958. The Constitution Act Amendment. No. 6224 reenistfar0n V2&. Every registrar who receives a claim for enrolment or 1^6006 transfer of enrolment and who without just excuse fails to do s- »2i. everything necessary on his part to be done to secure the enrolment of the claimant in pursuance of the claim shall be liable to a penalty of not more than Ten pounds.

Alteration 122. (1) In addition to other powers of alteration conferred NO. 6006 by this Act a registrar may alter any roll kept by him by— . 122. (a) correcting any mistake or omission in the particulars of an elector's enrolment; (b) altering on the written application of an elector the original name address or occupation of the elector on the roll for the same subdivision; (c) removing the name of any deceased elector; (d) reinstating any name removed by mistake as the name of a deceased elector; (e) removing the name of an elector who has been convicted in Victoria and is under sentence for any offence punishable by imprisonment for one year or longer; (/) striking out the superfluous entry where the name of the same elector appears more than once on the roll for the same subdivision; (g) reinstating by direction of the divisional returning officer any name removed as the result of an objection; (h) reinstating by direction of the divisional returning officer any other name removed by mistake or which has been accidentally omitted; and (/) removing a name from the roll by direction of the divisional returning officer upon the certificate of the chief electoral officer for Victoria.

The divisional returning officer shall not direct the reinstatement of any name under paragraph (g) of this sub-section unless he is satisfied that the objection was based on a mistake as to fact and that the person objected to still retains and has continuously retained his right to the enrolment in respect of which the objection was made.

The chief electoral officer for Victoria shall not issue a certificate under paragraph (/) of this sub-section unless he is satisfied that the elector has ceased to be qualified for enrolment on the said roll and has secured enrolment on another roll; and where a registrar removes any name pursuant to such a certificate he shall send by post to the person whose name is so removed notice of the fact. 1958. The Constitution Act Amendment. No. 6224 329

(2) Where the name of any person has pursuant to a claim change to ^ been incorrectly placed on the roll for a subdivision other than the subdivision?6' subdivision in which he was residing at the date of the claim, and on that date he was entitled to have his name placed on the roll for the subdivision in which he was residing, the divisional returning officer may where the two subdivisions are in the same district— (a) direct the registrar keeping the roll on which such person is entitled to be enrolled to place the name of such person on that roll and to notify such person of the change of enrolment; and (b) direct the registrar keeping the roll on which such person is not entitled to be enrolled to remove the name from that roll; and the registrar shall remove the name accordingly.

123. Every alteration of a roll shall be made in such a manner Alterations to that the original entry shall not be obliterated and the reason for „ j"^"*1, each alteration and the date thereof shall be set against the s.°23. alteration together with the initials of the registrar.

124. (1) Every registrar of births and deaths shall within information to three days after the end of each month forward to the chief chiei eiStor'S electoral officer for Victoria a list setting out the surname and °|^f^rara of r and christian or other names and the occupation and age at the time of 5e aths death and the last-known place of residence at the date of the death No. 6006 of every person of the age of twenty-one years or upwards whose s-124> death was registered by such registrar during such month.

(2) (a) The clerk of any court in which any person of the Bycierks age of twenty-one years or upwards is sentenced to imprisonment ofcourts- for one year or longer shall within three days after the end of each month in which any such person is sentenced forward to the said chief electoral officer a list setting forth the surname and christian or other names and the occupation and age and the last-known place of residence of every person so sentenced during such month and the date of the sentence the nature of the offence the period of imprisonment and in what electoral roll (if any) such person's name is included. (b) If any such clerk fails neglects or refuses to forward any such list or if the same is wilfully or negligently compiled in an inaccurate manner such clerk shall be liable to a penalty of not more than Fifty pounds or to imprisonment for a term of not more than three months. (c) For the purposes of this sub-section the word "court' includes " justice " or " justices "; and in the case of the Supreme Court the associate shall be deemed to be the clerk of the court. 330 1958. The Constitution Act Amendment. No. 6224

(d) For the purposes of carrying out this sub-section it shall be the duty of every court judge or justice by or before whom any such person is convicted to ascertain from the person convicted the surname christian or other names age occupation last-known place of residence of such person and whether the name of such person is included in any electoral roll and if so for what district or subdivision.

Chief electoral (3) The chief electoral officer after receipt of any such list officer to forward shall forthwith forward a copy of any particulars contained therein particulars to divisional to the divisional returning officer for each district or subdivision to returning officers. which such particulars relate.

Duty of (4) Each divisional returning officer shall upon receipt of divisional returning information pursuant to this section take action under this Part to officer. effect such alterations of the rolls as are necessary.

Objections by 125. (1) Any name on a roll may be objected to in writing whom and how made. lodged with or made by the divisional returning officer: No. 6006 s. 125. Provided that a sum of Five shillings shall be deposited in respect of each objection lodged by any person other than an officer, to be forfeited to Her Majesty the Queen if the objection is held by the divisional returning officer to be frivolous. (2) The objection shall be in the prescribed form and shall be signed by an elector enrolled on the roll for the same subdivision as the person objected to or by the divisional returning officer or registrar or other prescribed officer. (3) It shall be the duty of each divisional returning officer and of each registrar or other prescribed officer to lodge or make an objection in writing setting forth the grounds of such objection in respect of any name which he has reason to believe ought not to be retained on the roll.

Notice of (1) When an objection is made by or lodged with a objection. divisional returning officer he shall forthwith give notice of the No. 6006 s. 126. objection to the person objected to.

Service of (2) The notice— notice. (i) shall be in the prescribed form; and (ii) may be served by being posted to the residence for the time being of the person objected to if such place is known to the divisional returning officer or if it is not known to the divisional returning officer then to the residence of such person as appearing on the roll. 1958. The Constitution Act Amendment. No. 6224 331

(3) Where the divisional returning officer is satisfied that the Action where ground of objection stated in any objection lodged by an officer officer is bad. is not a good ground of objection he may dismiss the objection, in which case no notice of the objection need be given to the person objected to. (4) An objection on the ground that a person does not reside in a subdivision for which he is enrolled shall be deemed not to be good unless it alleges that the person objected to does not reside in the subdivision and has not so resided for at least one month last past.

A n 127. The person objected to may orally or in writing in the b j|™$j*° prescribed manner answer the objection. NOC6006 s. 127. 128. (1) The divisional returning officer shall determine the Determination objection forthwith on receipt of the answer of the person objected NoO6006°n to or if no answer is received within a period of twenty days after s-128- the posting of the notice then after the expiration of that period; and if it appears that the person objected to is not entitled to be enrolled on the roll in respect of which the objection has been made the divisional returning officer shall direct the registrar to remove the name of such person from that roll; and the registrar shall remove the name accordingly. (2) If any objection lodged by any person other than an officer is held by the divisional returning officer to be frivolous the person objected to shall be entitled to such reasonable allowance not exceeding Five pounds as the divisional returning officer thinks fit to award, and in default of payment the sum awarded may be recovered by the person objected to from the objector in a court of petty sessions as a civil debt recoverable summarily. 129. (1) Any person— Appeal to v ' •> r court of petty (a) who has sent or delivered to a registrar a claim for sessions. enrolment or transfer of enrolment and who has ^°29°°6 not been enrolled pursuant thereto; or (b) whose name has been removed from a roll by direction of the divisional returning officer pursuant to an objection— may at any time within one month after the receipt of the notice of the rejection of the claim or of notice of the determination of the objection (as the case may be) in the prescribed manner make application to a court of petty sessions for an order directing that his name be enrolled or reinstated on the roll (as the case requires). (2) Where an objection has been determined by the divisional returning officer adversely to the person objecting that person (not being an officer) may in the manner prescribed apply to a court of petty sessions for an order sustaining the objection. 332 1958. The Constitution Act Amendment. No. 6224 (3) Where the application has reference to the decision of the divisional returning officer upon an objection the applicant shall as prescribed serve the objector or the person objected to (as the case may be) with notice of the application and the person so served may appear or may in writing authorize any person to appear on his behalf to resist the application.

Power of 130. (1) A court of petty sessions consisting of one or more court of petty sessions to stipendiary magistrates may hear and determine any appeal or bear and determine application under this Division and may make such order as it appeals &c. thinks fit as to costs which costs may be recovered in the same No. 6006 s. 130. manner as costs awarded in any other proceedings in a court of petty sessions. (2) The clerk of the court shall send by post to the divisional returning officer a certified copy of the order of the court; and it shall be the duty of the divisional returning officer to direct the registrar to make such entries (if any) upon the roll as are necessary to give effect to the order and the registrar shall make any such entries accordingly.

Rolls for purposes of 131. (1) Every divisional returning officer after the issue of elections for the writ and before the day of nomination for any election for the the Assembly. No. 6006 Assembly for any district situate in whole or in part within the s. 131. Commonwealth electoral division for which he acts as divisional returning officer shall— (a) certify sign and transmit to the State returning officer for the district 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 Assembly; (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 the 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 1958. The Constitution Act Amendment. No. 6224 333

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 Assembly 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 be the electoral roll for the subdivision. (4) Every registrar shall comply with any direction of a divisional returning officer given to enable such divisional returning officer to comply with the requirements of this section.

132. (1) Every electoral paper which by this Division or the Signature to electoral regulations is required to be signed by any person shall be signed paper. by that person with his personal signature. No. 6006 s. 132. I (2) Where a person who is unable to sign his name in writing makes his mark as his personal signature to an electoral paper the mark shall be deemed to be his personal signature if it is identifiable as such and is made in the presence of a witness who signs the electoral paper as such witness. (3) Nothing in this section shall authorize any person to sign -any electoral paper by a mark or otherwise than in his own handwriting in .any case where this Act or the regulations require him to sign the electoral paper in his own handwriting. (4) A person shall not make the signature of any other person •on an electoral paper. (5) Every person who is guilty of any contravention of any -of the provisions of this section shall be liable to a penalty of not more than Fifty pounds. (6) Nothing in this section shall affect the liability of any person to be proceeded against for forgery, but so that he shall not be liable to be punished more than once in respect of the same offence.

133. (1) Every person who knowingly makes any untrue Penalty for untrue statement in any electoral paper or in any information given to statements. any officer for the purposes of the preparation maintenance or No. 6006 revision of rolls shall be liable to a penalty of not more than s. 133. Twenty pounds. (2) Nothing in this section shall affect the liability of any person to be proceeded against for any other offence, whether against this Act or otherwise, but so that he shall not be liable to be punished more than once in respect of the same offence. 334 1958. The Constitution Act Amendment. No. 6224

Witnessing &c. 134. Every person who— electoral papers. (a) signs his name as witness on any blank electoral No. 6006 s. 134. paper; or Penalties. (b) signs his name as witness on any electoral paper which has been wholly or partly filled up unless it has been signed by the person intended to sign it; or (c) signs his name as witness on any electoral paper unless he has seen the person whose signature he purports to witness sign it; or (d) writes on any electoral paper as his own name the name of another person or any name not being his own name— shall be liable to a penalty of not more than Fifty pounds.

Witness to 135. Every person who witnesses any claim for enrolment or satisfy himself of truth of transfer of enrolment who does not before he affixes his signature statements. thereto satisfy himself (by inquiry from the claimant or otherwise) No. 6006 s. 135. that the statements contained in the claim are true shall be liable to a penalty of not more than Fifty pounds.

Failure to 136. Every person who accepts the custody of a claim for transmit claim. enrolment or transfer of enrolment for transmission on behalf of No. 6006 any other person to a registrar and does not transmit the claim s. 136. forthwith to the registrar shall be liable to a penalty of not more than Fifty pounds.

Forging or uttering 137. Every person who— electoral papers. (a) forges any electoral paper; or No. 6006 s. 137. (b) utters any forged electoral paper knowing the same to be forged— shall be guilty of a misdemeanour and liable to imprisonment for a term of not more than two years.

Electoral 138. All electoral papers provided for by this Division may be matter to be sent by post. sent through the post. No. 6006 s. 138.

Penalty for 139. Every registrar inspector or other officer who is guilty of disobedience. No. 6006 any wilful misfeasance or wilful or grossly negligent act of s. 139. commission or omission contrary to the provisions of this Division or the regulations shall in addition to any other penalty provided in this Division be liable to a penalty of not less than Five nor more than Fifty pounds or to be imprisoned for a term of not more than three months. 1958. The Constitution Act Amendment. No. 6224 335

140. No person shall be liable to any penalty forfeiture or Limitation of time for punishment imposed by this Division or the regulations or any recovery of corresponding previous enactment unless the prosecution for the penalties &c. No. 6006 offence is commenced against such person within twelve months s. 140. next after the offence has been committed.

141. Whenever any matter or thing is directed by or under Provision as to Sundays and this Division to be performed on a certain day and that day holidays. happens to be a Sunday or a day which by or under any Act is No. 6006 to be observed as a holiday in the public offices either in the s. 141. whole of Victoria or in that part of Victoria in respect of which the question arises such matter or thing shall be performed on the day next afterwards, not being Sunday or one of the days so to be observed and all further changes of time rendered necessary by any such alteration may also lawfully be made.

142. (1) Where any accidental or unavoidable impediment Correction f ei misfeasance or omission has happened in the preparation or £, 0 ^ transmission or printing of any roll under this Division the s.142. 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 as to and notwithstanding such impediment misfeasance or omission. (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.

143. (1) The Governor in Council may make regulations— Regulations. No. 6006 (a) prescribing any forms required to be prescribed under s-143- this Division; (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 when made by the Governor in Publication of Council shall be published in the Government Gazette and when regulations. so published shall have the force of law and shall be judicially noticed and shall be laid before both Houses of Parliament within fourteen days after the same have been made if Parliament is 336 1958. The Constitution Act Amendment. No. 6224 then sitting and if Parliament is not then sitting then within ten days after the next meeting of Parliament and a copy of any proposed regulations shall be posted to each Member of Parliament before such regulations are approved by the Governor in Council.

PART V.—ELECTIONS. DIVISION 1—CHIEF ELECTORAL OFFICER RETURNING OFFICERS AND POLLING PLACES. Chief Subject to the provisions of the Public Service Act 1958 Electoral Officer. the Governor in Council may appoint an officer to be called the No. 6006 Chief Electoral Officer who except as otherwise provided in this s. 144. Act shall subject to the Minister have the responsibility of administering this Act and any provisions of any other Act so far as this Act and the said provisions relate to the registration and enrolment of electors the preparation of rolls of electors and the conduct of elections whether for the Council or for the Assembly.

Appointment 145. (1) The Governor in Council may appoint a fit person of returning officers. to be returning officer for each province and each district. No. 6006 s. 145. (2) Every such person at any time may if it seem fit be removed by the Governor in Council from or may resign such office. (3) No person shall be so appointed who is at the time a candidate at any election for the province or district (as the case may be) for which the appointment is to be made.

Returning 146. No returning officer for any province or district and no officer or deputy not to person who has been such returning officer and has not by writing be a candidate. under his hand addressed to the Governor resigned his office at No. 6006 s. 146. least fourteen days before the day of nomination for any election for the same respectively, and no deputy returning officer for any province or district shall be a candidate or be elected or returned or be or continue a member for such province or district (as the case may be).

Returning 147. Every returning officer shaii, before he enters upon any of officer to make declaration. the duties hereby assigned to him, make and sign before some No. 6006 justice a declaration to the effect following:— s. 147. I [A.B.] do solemnly declare that I will faithfully and impartially according to the best of my skill and judgment exercise and perform all the powers authorities and duties reposed in or required of me by The Constitution Act Amendment Act 1958 as returning 1958. The Constitution Act Amendment. No. 6224 337

officer for the electoral province [or the electoral district of as the case may require]; and I do further solemnly promise and declare that I will not at any election for the said province [or district if the case so requires] attempt to ascertain, save in cases in which I am expressly authorized by law so to do, for what candidate any person shall vote or have voted; and that if in the discharge of my said duties at or concerning any such election I learn or have the means of learning for what candidate any person shall vote or have voted at such election, I will not by word or act or any other means whatsoever directly or indirectly divulge or discover or aid in divulging or discovering the same, save in answer to some question which I am legally bound to answer or in compliance with the express provisions of the law relating to parliamentary elections.

148. (1) The Governor in Council shall as he thinks fit governor in appoint within and for each subdivision of every province and of appointto every district respectively one place and not more for taking the ForeiecSorS!" poll in such subdivision at contested elections for the province or No. esoo6 district, and may revoke every such appointment: No.6oi6s.2. Provided that— (a) if the Chief Electoral Officer by writing under his hand certifies to the Governor that it is necessary so to do, the Governor in Council may appoint in and for such subdivision one or more polling place or places, and may revoke the appointment of such place or places or any of them; (b) no appointment of any polling place in or for any subdivision of a province or of a district shall be made or revoked during the period commencing on the day of nomination for any election for such province or district and ending on the day of the return of the writ for such election.

(2) Notwithstanding anything hereinbefore contained the Power to Governor in Council on a certificate made as aforesaid may same'Soiung (except during the period referred to in paragraph (b) of the ^ohung proviso to the last preceding sub-section) in respect of any province subdivisions, or district appoint any such polling place to be also a polling place for any adjoining subdivision of such province or district; and any polling place so appointed shall for the purposes of any election be taken to be a polling place in and for such adjoining subdivision; but any returning officer or deputy or poll clerk or scrutineer appointed to act at such first-mentioned polling place shall act in respect of both subdivisions; and the Governor in Council may as hereinbefore provided revoke any such appointment. 338 1958. The Constitution Act Amendment. No. 6224

Polling places in provinces (3) Notwithstanding anything hereinbefore contained where and districts in any province or district which comprises in whole or in part when poll not being taken. the municipal district of any city no poll is required to be taken on the occasion of any general or periodical election the Governor in Council on a certificate as aforesaid may by Order made between the day of nomination and the day of polling appoint within such city one or more polling places each of which shall for that election be a polling place for such subdivision of such other province or district as is specified in the Order; and any polling place so appointed shall for the purposes of that election be for all purposes of this Act a polling place in and for such subdivision and this Act and the regulations thereunder shall have full force and effect as though such polling place were in fact situate within such subdivision and shall be administered accordingly: Provded that such polling place shall be used only for voting by absent voters.

DIVISION 2.—WRITS.

Writs for 149. (1) Writs for every general election of members of the Council elections. Council shall be issued by the Governor and shall be issued within No. 6006 seven days after the dissolution of the Council. s. 149. (2) (a) Save as aforesaid writs for the election of members of the Council shall in all cases be issued by the President. (b) If at any time at which it is necessary to issue any such last-mentioned writ there is no President or the President is incapable from illness or absent from Victoria without leave granted to him by the Council, such writ shall be issued by the Governor. (3) Every writ issued under this section— Fifth (a) may be in the form of the Fifth Schedule or to the Schedule. like effect; (b) shall be directed to the returning officer of the province; (c) shall name the day of nomination and the day for taking the poll in the event of the election being contested; and (d) shall be returnable to the Governor or the President whosoever has issued the same, on such day within twenty-one clear days after the day of polling as is appointed by the Governor or the President (as the case may be), and is named therein. (4) The writ for every election to fill the place of a member of the Council retiring by effluxion of time may be issued before the member has retired. 1958. The Constitution Act Amendment. No. 6224 339

(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.

150. (1) Writs for every general election of members of the issue of writs Assembly shall be issued by the Governor for each district as caS?3'0 occasion may require. writs for Assembly (2) Writs for every general election of members of the elections. Assembly shall be issued within seven days after the dissolution £°5o006 or other lawful determination thereof. (3) (a) Whenever after any general election of the Assembly and before the dissolution or other lawful determination of such Assembly any seat therein has become vacant, a writ for the election of a member to serve in the place so vacant shall within one month after the occurrence of the vacancy be issued by the Speaker. (b) If at the time of the occurrence of any such vacancy there is no Speaker and the Assembly is not in session, or if the Speaker is absent from Victoria, such last-mentioned writ shall within one month after the occurrence of such vacancy be issued by the Governor. (4) Every writ issued under this section— (a) may be in the form of the Sixth Schedule or to the sixth like effect; Schedu,e- (b) shall be directed to the returning officer of the district; (c) shall name the day of nomination and the day for taking the poll in the event of the election being contested; and (d) shall be returnable to the Governor or the Speaker, whosoever has issued the same, on such day within twenty-one clear days after the day of polling as is appointed by the Governor or the Speaker (as the case may be) and is named therein.

151. At least two clear days before the Speaker issues any Notice to be writ as aforesaid, he shall give notice in writing under his hand to I'peake? f e the Minister of his intention to issue the same; and the Minister j?s u°n g writ shall forthwith publish such notice in the Government Gazette. NO. 6006

(a) 152. Notwithstanding anything to the contrary in this Act Vacancy whenever any vacancy occurs in the Council or the Assembly by reSoTq?by reason of any member resigning his seat for the purpose of coK"0" to seeking election for the Parliament of the Commonwealth of ^th0"" Australia if such member tenders his resignation within el^l°n- _ No. 6006 (a) See section 48 and note. 340 1958. The Constitution Act Amendment. No. 6224

twenty-one days prior to the date of the issue of the writ for the said election and notifies in writing to the President or the Speaker his intention to seek such election and his intention in the event of his failing to secure such election to become again a candidate for the vacancy aforesaid then the issue of the writ for the election of a member to fill such vacancy shall be delayed until the result of such Commonwealth election has been first officially declared by the returning officer.

Nomination day to be 153. The day before or on which nominations of candidates appointed. at and for any election shall be made under this Act (herein No. 6006 s. 153. called the day of nomination), and the day of polling, should the election be contested, shall respectively be appointed by the Governor, the President or the Speaker, whosoever according to the provisions hereof issues the writ.

Day of nomination 154. In every election for the Council or the Assembly— and day of polling. (a) the day of nomination shall be not less than seven No. 6006 nor more than twenty-one clear days after the day s. 154. of the issue of the writ; and (b) the day of polling shall be a Saturday not less than ten nor more than twenty-one clear days after the day of nomination.

General or 155. (1) At every general or periodical election of members periodical elections to of the Council all elections shall take place on the same date. take place on the same date. (2) At every general election of members of the Assembly all No. 6006 s. 155. elections shall take place on the same date.

DIVISION 3.—DUTIES OF RETURNING OFFICER ON RECEIPT OF WRIT.

Duties of 156. The returning officer, on receipt by him of any writ of returning officer on election shall forthwith— receipt of writ. No. 6006 (a) indorse thereon the date of such receipt; and s. 159. (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. 1958. The Constitution Act Amendment. No. 6224 341

157. (1) The returning officer shall forthwith on the receipt Returning by him of any writ of election appoint by writing under his hand appoint0 some fit person to be substitute for such returning officer. NOS«H»" (2) The returning officer shall in person or by such substitute s-157- attend at all reasonable hours in the day-time in the interval between the receipt to the writ and noon on the day of nomination at the place so appointed for receiving the said nomination papers and payments. (3) (a) If at any time during such interval the returning Duties of officer is absent at the time or from the place hereby appointed substitute. for the doing or suffering by him of any act or thing relating to such election, then such substitute shall do or suffer such act or thing. (b) If the returning officer dies, or if by reason of his illness or any other unavoidable cause he is unable to do or suffer any acts or things relating to such election and notice of such inability is by himself or by the Governor given to such substitute, then such substitute at any time shall as and for the returning officer do and suffer all such acts and things and subject in every such case to the like provisions as though he were the returning officer.

DIVISION 4. NOMINATIONS AND CANDIDATES. 158. The returning officer shall upon each day between the Returning a t post receipt by him of any writ of election and noon on the day of £a r£e£iof nomination for the election mentioned in the writ post and keep candidates. No. 6006 posted, outside the place named as aforesaid for receiving the s. 158. nomination papers in some public and conspicuous position, the names and descriptions of all persons who previously have duly become candidates for the election.

159. (1) In order that any person may become or be a Manner of nomination of candidate at any election for the Council or the Assembly he shall candidate. be nominated by not less than ten persons entitled to vote at the No. 6006 election in the manner following:— s. 159. (a) After the issue of the writ and before noon on the Delivery of nomination day of nomination there shall be delivered to the paper and statement of returning officer who shall if required give a consent to receipt or receipts (as the case may require) for nomination. the same— (i) a nomination paper in the form or to the effect specified under the heading " Form of Nomination " in the Seventh Schedule; Seventh and Schedule. (ii) a statement of consent to nomination of the person nominated in the form or to the effect specified under the heading " Consent to Nomination " in the said Schedule. 342 1958. The Constitution Act Amendment. No. 6224

As to making (b) Such statement of consent may be made— of statement of consent. (i) (in any case) by writing signed by the person nominated; or (ii) (where the person nominated is absent from Victoria) by telegraphic message sent by the person nominated— addressed to the returning officer; and the returning officer shall not be required to verify the signing of any such writing or the sending of any such telegraphic message purporting to be signed or sent by the person nominated: Provided that no objection to the sufficiency of any such consent shall be taken by reason only that such statement of consent— (a) was sighed or sent in anticipation of the holding of an election; or (b) was delivered to the returning officer within one month before the issue of the writ for such election.

Payment of (c) The person nominated or some person for him or deposit. on his behalf shall at the time of the delivery of the nomination paper as aforesaid pay to the returning officer the sum of Fifty pounds to be dealt with as hereinafter provided.

(2) No person who has not been so nominated or by or for whom or on whose behalf such payment has not been so made shall be or be deemed to be a candidate at any election.

DIVISION 5.—DEPOSIT MONEYS. Appropriation 160. (1) Where a poll takes place, the returning officer shall paid to apply the moneys paid to him as aforesaid by every unelected officer!"8 candidate if— f°i($06 (a) in the case of an election for the Council where one candidate is to be elected— he has not received a number of first preference votes equal at least to one-fifth part of the first preference votes received by the successful candidate; (b) in the case of an election for the Council where two candidates are to be elected— he has not received a number of first preference votes equal to one-tenth of the average number of first preference votes received by the successful candidates; and 1958. The Constitution Act Amendment. No. 6224 343

(c) in the case of an election for the Assembly— he has not received a number of first preference votes equal at least to one-fifth part of the first preference votes received by the successful candidate— in and towards defraying the necessary expenses (whether incurred before or after such payment) of all such acts and things relating to such election as he is hereby authorized or required to do or provide. (2) After every election the returning officer shall repay to each of the candidates who has been declared elected or who has been returned without a poll or whose moneys so paid are not liable to be applied by the returning officer pursuant to the last preceding sub-section all moneys so paid by or for him.

161. (1) Every returning officer shall— (a) keep a separate account for each election held by Keeping of him of all moneys advanced to or received by him Iccoums or < 0 a nd and of all moneys expended or repaid by him at and f0 r"a rdjn g about such election; and thereof "to8 (b) not more than three months after the day named in Gener^ the writ for the polling at such election, send to NO. 6006 the Auditor-General— (i) a summary of the transactions shown in such separate account and relating to all moneys so advanced to or received by him; and (ii) all receipts accounts and vouchers relating to the same.

(2) (a) The Auditor-General shall forthwith examine and Duties of •compare the same respectively, and shall immediately after such General with examination and comparison sign and send to the returning officer accoums&c. an acquittance for so much of such moneys as has been ascertained by him to have been duly and properly expended. (b) For the said purposes the Auditor-General shall have all the powers conferred upon him by any Act relating to the collection and audit of the public moneys and accounts.

DIVISION 6.—DECLARATION OF ELECTION WHERE NUMBER OF CANDIDATES DOES NOT EXCEED NUMBER OF MEMBERS TO BE ELECTED. 162. If the number of persons who have become candidates at Duties of any election does not exceed the number of members to be elected, officer where the returning officer shall immediately after noon on the day of candidates nomination at the place named for the delivery of the nomination excesed°numbcr papers publicly declare such candidate or candidates (as the case ^JJf^^j may be) to be duly elected and make his return accordingly. . N0.6OO6 s. 162. 344 1958. The Constitution Act Amendment. No. 6224

DIVISION 7. DUTIES OF RETURNING OFFICER WHERE NUMBER OF CANDIDATES EXCEEDS NUMBER OF MEMBERS TO BE ELECTED.

Where 163. (1) If the number of persons who have become candidates exceed number candidates at any election exceeds the number of members to be of members to be elected elected, then for deciding between such candidates a poll shall take poll to be taken. place on the day named in the writ for that purpose and at the No. 6006 several polling places for the province or district. s. 163. (2) The returning officer shall— (a) immediately after noon on the day and at the place named for the delivery of the nomination papers publicly announce that a poll will be so taken and the names of the persons who have become candidates; and (b) forthwith publish in some newspaper published in the province or district, or if none such is published then in a Melbourne daily newspaper— (i) the like announcement; and (ii) an announcement of the several polling places lawfully appointed for taking the poll at such election for the several subdivisions of the province or of the district (as the case may be).

Retirement of 164. (1) If any candidate for any election and any seven of candidate. the persons having signed the paper nominating him are desirous No. 6006 s. 164. that he retire from such candidature, such candidate and such seven persons not later than noon on the day of nomination may— (a) sign and deliver to the returning officer a notice in the Eighth form of the Eighth Schedule stating that such Schedule candidate so retires; and (b) publish in some newspaper published in the province or district or if none such is published then in a Melbourne daily newspaper a copy of such notice. (2) The returning officer on the receipt of such notice and on sufficient proof of such publication shall omit the name of the person so retiring from the ballot-papers to be used at the election, and shall forthwith repay to such person the moneys paid to such returning officer by or on behalf of such person.

(3) Such person shall thereupon not be capable of being elected at such election.

(4) If notwithstanding such retirement or retirements a poll is necessary and if under the provisions of Division fifteen of this Part postal ballot-papers have been received by the returning 1958. The Constitution Act Amendment. No. 6224 345 officer on which the name or names of such retiring candidate or candidates appears or appear unerased the name or names of the candidate or candidates so retiring and the figures placed opposite such name or names shall be regarded as having been deleted from all such postal ballot-papers and every such ballot-paper shall be given effect to as if the numbers opposite the names of the remaining candidates were when necessary altered to the appropriate numbers indicated by the voter's order of preference in respect of such remaining candidates.

(5) If any candidate dies after noon on the day of nomination f,^^here and before the polling day the election shall wholly fail and the ca^didate'dies returning officer shall forthwith return to all the candidates the nomination moneys paid to him by or on behalf of such candidates; and in the betoepoiiing case of moneys paid by or on behalf of the deceased candidate such day- moneys shall be returned to his personal representative.

r (6) The returning officer shall indorse the writ to the effect ^,^°a rjr that the election has failed and shall return the same; and a new election to be writ for a supplementary election shall forthwith be issued by the Governor the President or the Speaker whoever issued the writ for the election which has failed: Provided that if there is no President or the President is incapable from illness or absent from Victoria without leave granted to him by the Council, or (as the case may be) if there is no Speaker and the Assembly is not in session or the Speaker is absent from Victoria such new writ shall be issued by the Governor.

(1) Such supplementary election shall be held upon the Roiiupon roll which was prepared for the purpose of the election which has ^Jjpfementary failed; and the persons entitled and the persons required to vote he^vVters6 at such supplementary election shall be those persons who would ^eisary"1 have been entitled or required (as the case may be) to vote at m°^catlons the election which has failed; and the Governor in Council may of Act. by proclamation published in the Government Gazette make such modifications and adaptations of any of the provisions of this Act as are necessary by reason of the fact that the poll for such supplementary election will be taken on a day later than the day upon which the poll would have been taken for the election which has failed.

(8 ) The provisions of this Act with respect to voting by absent NO voting by voters shall not in the case of a supplementary election enable supplementary any person to vote thereat as an absent voter for an election for Ilf etec'tfo?tor any other province or district. p?ov°^ror district. 346 1958. The Constitution Act Amendment. No. 6224

DIVISION 9.—ARRANGEMENTS FOR TAKING POLL. HOURS OF POLLING.

Voting papers to be printed 165. (1) Forthwith after a poll stands appointed for any and signed. election, the returning officer shall— No. 6006 s. 165. (a) cause ballot-papers to be printed with the surnames and christian or othei names in full of all the candidates at such election and of no other persons, Ninth in the form of the Ninth or the Tenth Schedule Schedule. Tenth (as the case requires); Schedule. (b) cause postal ballot-papers to be printed with the surnames and christian or other names in full of all candidates at such election in alphabetical order of surnames and of no other persons in the form provided by section two hundred and twenty; (c) having regard to the proviso to sub-section (2) of section one hundred and seventy-two of this Act sign or initial so many of the ballot-papers to be used at the election as are in his opinion sufficient. (2) If the surnames and christian or other names of any two or more candidates are the same, they shall be distinguished upon the ballot-papers by the addition of their residence and occupation. (3) The directions in the said Schedules shall be of the same force as if they had been provisions contained in this Act.

Booths to be erected or 166. (1) For taking the poll at any election the returning rooms hired. officer shall cause booths to be erected or rooms to be hired or No. 6006 otherwise provided and used as such booths at each polling place s. 166. as occasion may require, but so that there shall be at each polling place one booth at least for every six hundred electors entitled to vote at such polling place, and for any fractional number exceeding six hundred or exceeding any multiple thereof to which the number of electors so entitled reaches.

When more (2) If under this section there are more booths than one at than one booth where any polling place there shall be affixed over the entrance of each electors to vote. booth in succession so many letters of the alphabet in their alphabetical order as denote the booth at which each elector according to the initial letter of his surname is to vote. (3) No elector shall be permitted to vote in any booth save that which is so denoted by the initial letter of his surname.

No polling (4) No polling booth shall be in any house licensed for the booth to be in any licensed sale of fermented or spirituous liquors or upon the premises premises. appertaining to such house. 1958. The Constitution Act Amendment. No. 6224 347

167. (1) The returning officer for every province or district Use of school and other is hereby empowered at any election to take and use as a polling buildings as booth or polling booths, to be occupied for that purpose during polling booths. No. 6006 the day of election but no longer, upon giving seven days' notice s. 167. of his intention to that effect, any room or rooms of competent space in any school-house or building not used exclusively for religious services and which is supported wholly or in part by any public funds or by any perpetual endowment, or which has been built or is supported wholly or in part by any grant from the public revenue. (2) He shall pay the full costs of repairing any injury or damage occasioned to the premises or the furniture thereof by the said use; and such damages in the event of the returning officer and the managers trustees or owners of the premises differing about the same shall be recovered by such managers trustees or owners before a court of petty sessions.

168. (1) Each booth shall be so divided or arranged that HOW booths to there shall be in the same one or more inner compartments and'au"!^ opening only into that part of the booth in which the ballot-box N0.6OO6 is kept. (2) The returning officer or his deputy shall provide— (a) in every such compartment pencils or pens and ink for the use of the electors; and (b) for each booth a ballot-box having a lock and key and with a cleft or opening therein capable of receiving the ballot-papers.

169. (1) The returning officer shall preside and take the poll Returning - officer to at some one booth of such polling place within the province or preside at one booth and district as he may see fit; and such polling place shall.be deemed appoint deputies at the principal polling place. others. No. 6006 (2) The returning officer shall by writing under his hand s. 169. appoint a deputy to act for him and take the poll at each of the Poll clerks other booths of the several polling places, and may also in like appointed. manner appoint one or more persons to be poll clerks and assist himself and his several deputies in taking the poll as he may see fit.

170. The returning officer may by writing under his hand Relieving deputy appoint a relieving deputy or relieving deputies to act for him in returning officers place of himself and in place of any deputy taking the poll, and appointed to temporarily such relieving deputy or relieving deputies shall take the poll at relieve others. the principal and at any other polling place within the province or No. 6006 district during the temporary absence of such returning officer or s. 170. U8 1958. The Constitution Act Amendment. No. 6224 any such deputy appointed under the provisions of section one hundred and sixty-nine (as the case may be), and while any such relieving deputy is so acting all the provisions of this Division and Divisions ten, eleven, twelve, thirteen, fourteen, and fifteen shall so far as they are appropriate apply as if he were the person whom he is relieving.

Substitute 171. Every substitute of a returning officer, and every deputy deputy returning returning officer and every relieving deputy appointed under the officer and poll last preceding section and every poll clerk, shall before he enters clerk to make declarations. upon any of the duties hereby assigned to him with regard to any No. 6006 election make and sign before some justice a declaration to the s. 171. effect following:— I [A.B.] do solemnly declare that I will faithfully and impartially according to the best of my skill and judgment exercise and perform all the powers authorities and duties reposed in or required of me by The Constitution Act Amendment Act 1958, as substitute of the returning officer [or deputy returning officer or relieving deputy returning officer or poll clerk as the case may be] with regard to the election of a member for the electoral province [or electoral district of ] and I do further solemnly promise and declare that I will not at the said election attempt to ascertain [add in the case of a substitute or of a deputy returning officer or of a relieving deputy returning officer save in the cases in which I am expressly authorized by law so to do] for what candidate any person shall vote or have voted at the said election; and that if in the discharge of my duties at or concerning the said election I learn or have the means of learning for what candidate any person shall vote or have voted thereat, I will not by word or act or by any other means whatsoever directly or indirectly divulge or discover or aid in divulging or discovering the same, save in answer to some question which I am legally bound to answer or in compliance with the express provisions of the law relating to parliamentary elections.

Deputy 172. (1) Before the day of polling the returning officer— returning officers to be furnished (a) shall deliver to each of the deputies for use at each with copies of rolls polling booth copies of all rolls in force for the and ballot- subdivision of the province or of the district (as papers. No. 6006 the case may be) in and for which the poll is to s. 172. be taken thereat, certified (subject to the proviso in sub-section (2) of this section) under his hand to be true copies; and (b) shall deliver to each deputy and himself retain such numbers respectively of the ballot-papers signed or initialed or to be signed or initialed as provided by 1958. The Constitution Act Amendment. No. 6224 349

this Act as are in his opinion sufficient for the use of the electors entitled to vote at each booth at which such returning officer and deputies respectively are to take the poll.

(2) Every returning officer and deputy shall keep an exact account of all such ballot-papers: Provided that— (a) it shall not be necessary for the returning officer to sign or initial all ballot-papers or to certify to all rolls used at the election; and (b) it shall be lawful for deputy returning officers to sign or initial ballot-papers or to certify to rolls to be used in the polling booths at which they severally act and in any case in which any such rolls are not certified by the returning officer or any such ballot-papers are not signed or initialed by the returning officer the deputy returning officer shall so certify sign or initial (as the case may be).

173. (1) Each candidate, or if he omits to do so his HOW. nominators or any three of them together, shall be entitled to be appointed, appoint in writing under his or their hands one person to be f^f06 scrutineer on behalf of such candidate at each polling booth. (2) Every such scrutineer shall be entitled to be present in that part of the booth in which the ballot-papers are received.

174. Every scrutineer before he acts as such at any polling Scrutineer to booth shall make and sign before the returning officer or deputy (as decoration. the case may be) who takes the poll at such booth a declaration to NO;J6006 the effect following:— s. 174. I [A.B.] (scrutineer for CD. a candidate at the present election for the electoral province [or electoral district of ]) do solemnly declare that I will faithfully observe all the provisions of The Constitution Act Amendment Act 1958 which relate to such my office of scrutineer: and I do further solemnly promise and declare that I will not as such scrutineer at the said election attempt to ascertain for what candidate any person shall vote or have voted at the said election: and that if in the discharge of my duties at or concerning the said election I learn or have the means of learning for what candidate any person shall vote or have voted thereat, I will not by word or act or by any other means whatsoever directly or indirectly divulge or discover or aid in divulging 350 1958. The Constitution Act Amendment. No. 6224

or discovering the same, save in answer to some question which I am legally bound to answer or in compliance with the express provisions of the law relating to parliamentary elections.

Returning 175. Immediately before proceeding to take the poll at any officer to exhibit box booth the returning officer or deputy (as the case may be) shall before taking the poll. exhibit for the inspection of the candidates and scrutineers and poll No. 6006 clerks who may be present the ballot-box open and empty; and s. 175. shall forthwith thereafter close and lock the same being still empty and set and keep the same unopened upon the table at which he is to preside and in view of such persons as from time to time are present in the polling booth, and shall keep the key of the said box.

Hours of 176. (1) Every polling at every election shall commence on polling. No. 6006 the day appointed for the same at eight o'clock in the forenoon s. 176. and shall unless lawfully adjourned finally close at eight o'clock in the afternoon of the same day:

Electors in Provided that any person who at the time appointed for finally polling booth at time for closing the poll is in any polling booth and is entitled to vote at closing poll to vote. such election shall be permitted to vote.

(2) All such pollings shall be conducted in manner mentioned in this Act.

DIVISION 10.—VOTING AT ELECTIONS. Voting at 177. (1) Every person whose name is on the electoral roll for Council elections. any subdivision shall subject to the provisions of this Act be entitled No. 6006 s. 177. at any election for the Council 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(a) 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.

Elector not (2) It shall not be lawful for any person on any day at any to vote more than once. 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. (a) See section 187. 1958. The Constitution Act Amendment. No. 6224 351

(4) Every person guilty of a contravention of this section Penalty, 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 votes given at any election or elections by any person Effect on contrary to the provisions of this section shall be utterly void and votes" of no effect. (6) Every returning officer and deputy shall have the like Power of power and authority to deal with any person reasonably suspected officer or of committing or attempting to commit an offence against any of deputy' 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(a).

178. (1) Every person whose name is on the electoral roll for voting at any subdivision shall subject to the provisions of this Act be entitled elections at any election for the Assembly to vote in such subdivision at any ^o^6oo6 polling place for such subdivision: Provided that subject to this Act he shall in accordance with the provisions of this Act(6) 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 Elector not to election or elections for the Assembly to vote more than once. than once at Assembly (3) When any person has once voted in any subdivision at any electlon- such election on any day, he shall not vote again in any subdivision whatever of any district at any poll adjourned from such day. (4) Every person guilty of a contravention of this section shall penalty, 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 votes given at any election or elections by any person Effect on contrary to the provisions of this section shall be utterly void and of votes' no effect.

(6) Every returning officer and deputy shall have the like p0Werof power and authority to deal with any person reasonably suspected UjjJJJJJ'J* of committing or attempting to commit an offence against any of deputy, 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.(o) (a) See section f94 (1) (b). (b) See section 187. 352 1958. The Constitution Act Amendment. No. 6224

How votes to be tendered 179. At any election every person tendering his vote at any at elections. polling place shall do so in manner following:— No. 6006 9. 179. (a) He shall state to the returning officer or deputy his surname and christian or other names and such other of the particulars required by this Act to be expressed in the said electoral roll for the subdivision as the returning officer or deputy may, for the purpose only of ascertaining upon the roll the name intended by such person, require; and (b) He shall demand a ballot-paper.

Duty of 180. At any election when any person has so tendered his vote returning officer or the returning officer or deputy shall ascertain that the name given deputy on vote being by such person is on the said electoral roll for the subdivision for tendered. which such polling place is appointed. No. 6006 s. 180.

" Prescribed 181. (1) At every election the returning officer or deputy shall questions." No. 6006 put to any person tendering his vote the following question:— s. 181. (i) Have you already voted in any electoral province [or district] to-day? [In the case of an adjourned poll the day from which the poll was adjourned should also be named.] (2) At every election the returning officer or deputy may, if he thinks fit, and shall if required by any scrutineer or by any two persons entitled to vote at the polling place at which he presides put to any person tendering his vote the following questions:— (ii) Are you the person whose name appears as (A.B., No. ) on the electoral roll for the subdivision of the electoral province [or district] of ? (iii) Do you now reside in the electoral province [or district] of [the aforesaid province or disirict]! (iv) (// the answer to the question numbered (iii) be in the negative)— Did you reside in the electoral province [or district] of [the aforesaid province or district] at any time within the last three months? (v) Are you a natural-born or naturalized subject of Her Majesty?

Questions to 182. Every question which under the provisions of this Division be put before delivery of or of Division eleven any returning officer or deputy is authorized ballot-paper. No. 6006 or required to put to any person tendering his vote at any election s. 182. shall be put to such person before he has received a ballot-paper but not afterwards. 1958. The Constitution Act Amendment. No. 6224 353

183. (1) At any election every person tendering his vote to Refusal or omission to whom any of the prescribed questions are so put and who— answer questions or not answering (a) refuses or omits distinctly to answer the same and each so as to show part thereof; or right to vote. No. 6006 s. 183. (ZJ) does not answer the question numbered (i) absolutely in the negative; or (c) does not answer the question numbered (ii) absolutely in the affirmative and truly state the subdivision in respect of which his present qualification arises; or (d) does not answer the question numbered (iii) absolutely in the affirmative; or if he answers the same in the negative does not answer the question numbered (iv) absolutely in the affirmative; or (e) does not answer absolutely in the affirmative the question numbered (v) so far as it applies to his claim to vote— shall be and be deemed to be prohibited from voting then or Penalty, afterwards at such election; and shall be guilty of an offence, and shall be liable to a penalty of not more than Twenty pounds.(a) (2) Every returning officer and deputy shall have the like P"™*0* power and authority to deal with any person reasonably suspected officer or of committing or attempting to commit any such offence as he has deputy" 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.(6) (3) Any person tendering his vote at any election who answers Nawraiuwi to the question numbered (v) that he is a naturalized subject of etections. Her Majesty, but fails to produce his letters of naturalization on being required to do so by the returning officer or deputy shall be and be deemed to be prohibited from voting at such election unless he makes and signs before the returning officer or deputy a declaration in the prescribed form.

184. (1) At any election the returning officer or deputy if he voter thinks fit may, and if called upon to do so by any scrutineer or by sl^bS*? any two persons entitled to vote at the polling place at which he NOg*006 presides shall, require any person tendering his vote before he receives a ballot-paper to sign his name in a book to be kept for that purpose.(c)

(a) See section 313. (ft) See section 194 (1) (6). (c) See section 309 as to making a mark in case of inability to write. VOL. II.—12 .364 1958. The Constitution Act Amendment. No. 6224

Penalty for (2) At any election every person having tendered his vote who not making declaration or being required to make any declaration as aforesaid or to sign his not signing name in book. name as aforesaid refuses or omits so to do shall be and be deemed to be prohibited from voting then or afterwards at such election; and shall be guilty of an offence, and shall be liable to a penalty of not more than Twenty pounds.

Duty of 185. At any election when any person has tendered his vote returning officer when and the name in which he demands to vote is on the said electoral voter's name appears in roll for the subdivision for which such person is entitled to vote roll. the returning officer or deputy shall unless such person is prohibited No. 6006 8.185. from voting for some of the causes mentioned in this Act— (a) initial a ballot-paper and deliver the same to such person; and (b) forthwith mark upon a certified copy of such roll against the name of such person the fact of his having received such ballot-paper.

DIVISION 11. VOTING BY QUALIFIED UNENROLLED VOTERS AND ABSENT VOTERS. Vote at person 186. (1) Notwithstanding anything in this Act when any whose name is not on roll person who is entitled to be enrolled on a roll for a subdivision used at polling booth claims to vote at any election in that subdivision and his name but entitled to be enrolled. has been omitted from or struck out of the roll being used at such No. 6006 election owing to an error of an officer or of any person performing 8.186. the duties of an officer under Division six of Part III. or Division five of Part IV. of this Act or owing to a mistake of fact such person may be permitted to vote if— (a) in the case of a person whose name has been omitted from the roll— (i) he sent or delivered to the registrar for the subdivision a duly completed claim for enrolment or transfer of enrolment (as the case requires) in respect of the subdivision and the claim was received by the registrar not later than six o'clock in the afternoon on the day of the issue of the writ for such election; and (ii) he did not after sending or delivering the claim and before six o'clock in the afternoon on the said day become qualified for transfer of enrolment to another subdivision; or 1958. The Constitution Act Amendment. No. 6224 355 (b) in the case of a person whose name has been struck out of the roll— (i) his name was not to the best of his knowledge removed from the roll for the subdivision owing to objection or transfer of enrolment or duplication of enrolment or disqualification; and (ii) he had from the time of his enrolment for the subdivision until six o'clock in the afternoon on the said day continuously retained his right to enrolment for that subdivision— and makes a declaration in the prescribed form before the returning officer or deputy. (2) Where a person claims to be entitled to vote under the Appiicattoo provisions of this section all the provisions of Divisions ten twelve ^visions, and thirteen of this Part (except so far as they are expressly modified by this section or are necessarily modified by the fact of such person's name not being on the roll) and the provisions of section two hundred and twenty-nine(a) shall apply as if he were a person tendering his vote or voting in the usual way. (3) If the returning officer or deputy is satisfied from the Allowance answers to the questions put to the person so claiming to vote Bauot-pape™. that he is entitled to vote— (a) such person may be allowed to vote on making a declaration in the prescribed form before the returning officer or deputy; (b) the returning officer or deputy shall initial a ballot-paper and deliver the same to such person; (c) such person shall mark and fold his ballot-paper in the prescribed manner and return it so folded to the returning officer or deputy; (d) the returning officer or deputy— (i) shall thereupon in the presence of the voter and of such scrutineers as are present and without unfolding the ballot-paper enclose it in an envelope bearing the declaration of the voter and addressed to the returning officer for the province or district (as the case requires); and (ii) shall forthwith securely fasten the envelope and deposit it in the ballot-box. (4) If any person claiming to vote under the provisions of Blind and this section satisfies the returning officer or deputy returning officer persons. that he is blind or that his sight is so impaired or that he is otherwise so physically incapable that he is unable to make the (a) See sections 181-183 and 229 as to questions to voters and answers. 356 1958. The Constitution Act Amendment. No. 6224 prescribed declaration or (as the case may be) to vote without assistance or that he is unable to read or write the returning officer or deputy shall— (a) at the request of such person and for him and in the presence of a witness if so desired by such person fill in the form of the declaration with the required particulars as requested by such person and shall thereupon in the presence of such witness (if any) read over to such person the form of the declaration; (6) require such person to sign the form of the declaration— (i) in his own handwriting if he is able so to do; or (ii) with his mark as Ms personal signature if he is unable to sign his name in his own handwriting; (c) cause the signature of such person if made by means of a mark to be witnessed; (d) complete and attest the declaration; and (e) if such person is permitted to vote shall at the request of such person and for him and in the presence of a witness if so desired by such person mark and fold the ballot-paper for the voter or shall at the request of such person permit some other person appointed by him to mark fold and return the ballot-paper to the returning officer or deputy for him— and shall thereupon proceed as in the last preceding sub-section mentioned as if such ballot-paper so folded had been returned to him by the voter.

Transmission (5) The returning officer or deputy returning officer who is of ballot- paper. authorized under the provisions of this Act to open the ballot-box shall without opening the envelope forthwith transmit it to the registrar for the subdivision for which the voter claims that he is entitled to vote.

Subsequent (6) The registrar on receipt of the envelope containing the dealing with ballot-papers ballot-paper as aforesaid shall without opening the envelope or &c allowing any other person to do so examine the declaration of the voter, and after making such inquiry as may be necessary return the envelope unopened to the returning officer and report to him whether in his opinion the person claiming to vote is or is not a person to whom paragraph (a) or (b) of sub-section (1) of this section applies. The returning officer shall as provided in this Act or prescribed by the regulations thereunder examine count and 1958. The Constitution Act Amendment. No. 6224 357 deal with all ballot-papers under this section and shall examine and deal with all declarations made under this section. And in any case in which the report of the registrar is that the person claiming to vote is a person to whom paragraph (a) or (b) applies the returning officer shall forthwith make the necessary correction in the roll used, by him for the purpose of the election and report the matter to the chief electoral officer who shall take such action as is necessary to secure the enrolment of the elector. (7) Where the claim of any person to vote under this section JJote^ is refused the returning officer or deputy shall make a note in claim, writing of the fact of the claim and the reasons for the refusal thereof and the returning officer or deputy and a poll clerk shall sign the note in the presence of such scrutineers as are present. Any of those scrutineers may also sign the note. (8) Every person who makes a false declaration under this {^n|ttyfor section for the purpose of voting at any election shall be liable to declaration. a penalty of not more than Twenty pounds or to imprisonment for a term of not more than three months.(a) (9) Before any person makes any declaration under this caution, section the returning officer or deputy shall warn him that if he makes a false declaration he will be liable to such penalty or imprisonment. (10) At the conclusion of the count of votes under this section Packets of papers the returning officer shall enclose in a separate packet all &g°* ballot-papers and envelopes containing the same received by him and comply with the provisions of section two hundred and twelve of this Act.

187,(6) -pjjg following provisions S'haU have effect with respect ^^"y* to voting by absent voters at erections:— absenMroters. No. 6006 (1) At any election every person tendering his vote as an s187' absent voter at any polling place shall— (a) state to the returning officer or deputy— (i) his surname and christian or other name or names; (ii) his residence and occupation; (iii) the province or district (as the case requires) for which he is enrolled; and (iv) to the best of his knowledge, the subdivision for which he is enrolled; and

(a) See section 313. (b) See sections 177 (1), 178 (1). 358 1958. The Constitution Act Amendment. No. 6224 (b) demand a ballot-paper. Questions*) (2) The returning officer or deputy shall put to any person voters. tendering his vote as an absent voter the following questions:— (a) (i) Have you already voted in any electoral province [or district] to-day? (ii) Have you received a postal ballot-paper enabling you to vote at any election for the Legislative Council [or Legislative Assembly] to-day? The returning officer or deputy may if he thinks fit and shall if required by any scrutineer put to any such person the following questions or any of them:— (b) Are you enrolled on the electoral roll for the subdivision of the electoral province [or district] of [the province or district in respect of which such person claims to vote]? (c) Do you now reside in the electoral province [or district] of [the aforesaid province or district]? (d) (If the answer to question (c) is in the negative)— Did you reside in the electoral province [or district] of [the aforesaid province or district] at any time within the last three months? (e) Are you a natural-born or naturalized subject of Her Majesty? Effect of (3) Every person tendering his vote to whom any of the queXs? questions prescribed by sub-section (2) of this section are put and who— (a) refuses or omits to answer the same and each part thereof; or (b) does not answer the questions (a) (i) and (a) (ii) absolutely in the negative or if he answers question (a) (ii) in the affirmative does not deliver up his postal ballot-paper unmarked; or (c) does not answer question (b) absolutely in the affirmative and truly state the province or (as the case requires) district and to the best of his knowledge the subdivision for which he is enrolled; or (d) does not answer question (c) absolutely in the affirmative; or if he answers the same in the negative does not answer question (d) absolutely in the affirmative; or 1958. The Constitution Act Amendment. No. 6224 359

(e) does not answer absolutely in the affirmative question (e) so far as it applies to his claim to vote— shall be and be deemed to be prohibited from voting then or afterwards at such election; and shall be guilty of an offence and shall be liable to a penalty of not more than Twenty pounds.(fl) The provisions of sub-sections (2) and (3) of section one hundred and eighty-three of this Act shall with any necessary modification extend and apply as if re-enacted in this sub-section.

(4) If the returning officer or deputy is satisfied from the Baiiot-papera. answers to the questions put to the person so tendering his vote that he is entitled to vote— (a) such person may be allowed to vote as an absent voter on making a declaration in the prescribed form before the returning officer or deputy; and (b) the returning officer or deputy shall— (i) fill in on a ballot-paper the name of the province or district for which such person declares that he is enrolled and the surnames and the christian or other names of all the candidates for that province or district (if not already printed thereon); and (ii) initial the ballot-paper and deliver the same to such person.

(5) (a) Where a person votes as an absent voter he shall Ballot-papers mark and fold his ballot-paper in the prescribed manner and Seait'wSh. return it so folded to the returning officer or deputy. (b) The returning officer or deputy— (i) shall thereupon in the presence of the voter and of such scrutineers as are present and without unfolding the ballot-paper enclose it in an envelope bearing the declaration of the voter and addressed to the returning officer for the province or district for which the voter declares that he is enrolled; and (ii) shall forthwith securely fasten the envelope and deposit it in the ballot-box. (c) The returning officer or deputy who is authorized under the provisions of this Act to open the ballot-box shall without opening the envelope forthwith transmit it to the returning officer for the province or district for which the voter declares that he is enrolled. (a) See section 313. 1958. The Constitution Act Amendment. No. 6224 (d) The last-mentioned returning officer— (i) shall as provided in this Act or prescribed by the regulations(a) thereunder— examine count and deal with all ballot-papers of absent voters; and examine and deal with all declarations made by absent voters; and (ii) at the conclusion of the count of votes of absent voters shall— enclose in a separate packet all absent voters' ballot-papers and envelopes containing the same received by him; and comply with the provisions of section two hundred and twelve of this Act.

(6) If any person claiming to vote under the provisions of this section satisfies the returning officer or deputy returning officer that he is blind or that his sight is so impaired or that he is otherwise so physically incapable that he is unable to make any prescribed declaration or (as the case may be) to vote without assistance or that he is unable to read or write the returning officer or deputy shall— (a) at the request of such person and for him and in the presence of a witness if so desired by such person fill in the form of any prescribed declaration with the required particulars as requested by such person and shall thereupon in the presence of such witness (if any) read over to such person the form of the declaration; (b) require such person to sign the form of the declaration— (i) in his own handwriting if he is able so to do; or (ii) with his mark as his personal signature if he is unable to sign his name in his own handwriting; (c) cause the signature of such person if made by means of a mark to be witnessed; (d) complete and attest the declaration; and (e) if such person is permitted to vote shall at the request of such person and for him and in the presence of a witness if so desired by such person mark and fold the ballot-paper for the voter or shall at the request

(a) See sub-section (9). 1958. The Constitution Act Amendment. No. 6224 361 of such person permit some other person appointed by him to mark fold and return the ballot-paper to the returning officer or deputy for him— and shall thereupon proceed as in the last preceding sub-section mentioned as if such ballot-paper so folded had been returned to him by the voter. (7) Where a person claims under the provisions of this section Application of other to be entitled to vote the provisions of section one hundred and provisions. eighty-four of this Act shall extend and apply as if re-enacted in this section and shall be read and construed as including a reference to the declaration provided for in this section and all the provisions of Divisions twelve and thirteen of this Part except so far as they are expressly modified by this section or are necessarily modified by the fact that such person is claiming to be entitled to vote outside the subdivision for which he states he is enrolled shall apply as if he were a person tendering his vote or voting in the usual way. (8) Where the claim of any person to vote under this section Note of is refused the returning officer or deputy shall make a note in claim!1 of writing of the fact of the claim and the reasons for the refusal thereof and the returning officer or deputy and a poll clerk shall sign the note in the presence of such scrutineers as are present. Any of those scrutineers may also sign the note. (9) (a) The Governor in Council may make regulations for Regulations. or with respect to all matters authorized or required to be prescribed or necessary or convenient to be prescribed for carrying into effect the provisions of this Act with respect to absent voting, and in particular, without affecting the generality of the foregoing, for or with respect to— (i) forms of absent voters' ballot-papers and any other forms for use under the said provisions (and such forms or forms to the like effect may be used for the purposes of the said provisions and shall be sufficient in law): (ii) the manner in which votes are to be marked on absent voters' ballot-papers; (iii) the method of dealing with declarations made by absent voters and with absent voters' ballot-papers, including the scrutiny thereof and the counting of the votes thereon; and (iv) the grounds upon which absent voters' ballot-papers are to be rejected. (b) Any such regulations may provide a penalty of not more Penalty for than Two pounds for any breach thereof. ^Stations. (c) The provisions of section three hundred and eleven of this Application Act shall extend and apply to the making of regulations under this s- 3U> section and to such regulations when made. 362 1958. The Constitution Act Amendment. No. 6224

DIVISION 12. PROVISIONS RELATING TO ELECTIONS.

Persons 188. The returning officer or deputy, the poll clerks, and the entitled to be present in scrutineers duly appointed, and any voters not exceeding six in polling booth. number being actually engaged in voting, to be designated if No. 6006 s. 188. necessary by the returning officer or deputy, shall alone be permitted at any one time to enter or remain in the polling booth during the taking of the poll.

Declaration (1) The returning officer or deputy if he thinks fit may, against bribery. and if called upon to do so by any scrutineer shall, require any No. 6006 person tendering his vote before he receives a ballot-paper to make 9.189. a solemn declaration against bribery in the manner and form following:— I [A.B.] do solemnly declare that I have not received or had by myself or any other person whomsoever in trust for me or for my use or benefit or for the use or benefit of any member of my family or kindred or any friend or dependant directly or indirectly any sum of money office place of emolument gift or reward or any promise or security for, nor do I expect to receive, any money office place of emolument gift or reward, by way of consideration either expressed implied or understood for giving my vote at this election. (2) Every person who tenders his vote and being required to make such declaration refuses or omits to do so— (a) shall be and be deemed to be prohibited from voting then or afterwards at such election; and (b) shall be guilty of an offence and shall be liable to a penalty of not more than Twenty pounds.(a) (3) Every person who being required to make a declaration under this section knowingly makes a false declaration shall be guilty of a misdemeanour.

Duty of (1) If at any polling booth any ballot-paper has been returning officer when delivered to any person having tendered his vote, and if any other a second vote is tendered person afterwards tenders his vote at such booth as of the same for one name. person in whose name such first-mentioned person has received No. 6006 s. 190. such ballot-paper, the returning officer or deputy shall put to the person so secondly tendering his vote such of the questions authorized or required by this Part to be put as apply to the claim of such person to vote; and shall before such person receives a ballot-paper require him to sign his name(6) in the book to be kept as provided in this Part for signatures of persons claiming to vote. (2) Such person shall be dealt with in all respects in like manner as any other person having tendered his vote; but the ballot-paper of such person shall not be deposited in the ballot-box (a) See section 313. (b) See section 309 as to making a mark in case of inability to write. 1958. The Constitution Act Amendment. No. 6224 363 or allowed by the returning officer or deputy, and shall be placed in an envelope bearing such particulars relating to such person as are prescribed and shall be set aside by the returning officer or deputy for separate custody. (3) Every person who being required to sign his name refuses penalty. or omits so to do shall be liable to a penalty of not more than Twenty pounds.(a)

191. (1) Notwithstanding anything in this Part contained if at How vote of any election any person to whom a ballot-paper has been delivered or^nedducatld c-10 at any polling booth satisfies the returning officer or deputy that he JS|n* •* is blind or that his sight is so impaired or that he is otherwise so NO. 6006 physically incapable that he is unable to vote without assistance or s- m" that he is unable to read or write, such returning officer or deputy shall, at the request of such person and for him and in the presence of a witness if so desired by such person, mark his ballot-paper and fold and deposit the same in the ballot-box or shall at the request of such person permit some other person appointed by him to mark fold and deposit the ballot-paper in the ballot-box for him. (2) Notwithstanding anything in this Part contained if at any spout oaiioi- election any person satisfies the returning officer or deputy, before papers. his ballot-paper is deposited in the ballot-box, that he has spoilt it by a mistake or accident be may, on giving it up, receive a new ballot-paper from the returning officer or deputy, who shall there and then cancel and retain the spoilt ballot-paper writing the word " Spoilt" thereon.

192. (1) During the polling at any election no person shall— NO baiiot- (a) take any ballot-paper out of the polling booth or to !S«?nomJf polling booth. any place in the polling booth save to one of the No. 6006 compartments aforesaid or the ballot-box; or s^wi (b) enter any such compartment while any other person is therein; or (c) being in any such compartment remain there for a longer time than is reasonably required for the purpose of marking his ballot-paper. (2) Every person wilfully offending against the preceding obstruction provisions of this section or otherwise obstructing or unnecessarily proceedings delaying the proceedings at any such polling shall be liable to a an offence. penalty of not more than Fifty pounds.

193. (1) With respect to elections the following acts are on prohibition polling day, and on all days to which the polling is adjourned, Se^SowSl8 hereby prohibited within thirty feet of or at the entrance of or places- within a polling place, namely:— *°93?°6 (a) canvassing for votes; or (a) See section 313. 364 1958. The Constitution Act Amendment. No. 6224 (b) soliciting the vote of any elector; or (c) inducing any elector not to vote for any particular candidate; or (d) inducing any elector not to vote at the election. (2) The word " Votes " or the word " Vote " in this section is to be taken as including " preferences " or " a preference " or " the giving or withholding of a preference." (3) Every person guilty of a contravention of any of the provisions of this section shall be liable to a penalty of not more than Twenty-five pounds.

Powers of (4) Every returning officer and deputy shall have the like returning officer or power and authority to deal with any person reasonably suspected deputy. 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.

Powers of 194. (1) Every returning officer and deputy shall have power returning officer or and authority— deputy to cause arrest of (a) to maintain order and keep the peace at any election offenders under this Act. or polling held by him; No. 6006 s. 194. (b) without any other warrant than this Act to cause to be arrested and taken before a justice any person reasonably suspected of committing or attempting to commit at any polling place any of the offences which are made misdemeanours by this Act;w and (c) to cause to be removed any person who obstructs the approaches to any polling booth or wilfully or unnecessarily obstructs or delays the proceedings at the polling or conducts himself in a disorderly manner or causes a disturbance at any election. (2) All members of the police force shall aid and assist such returning officer or deputy in the performance of his duty.

Adjournment 195. When the proceedings for the taking of the poll at any of polling if interrupted by election are interrupted or obstructed at any place by any riot or riot or open violence or open violence or other unavoidable and serious cause (whether of other unavoidable the same character as those previously mentioned or not) the and serious returning officer or deputy (as the case may be) shall not for such cause. No. 6006 cause finally close the poll, but shall adjourn the taking of the poll s. 195. at the polling place at which such interruption or obstruction has happened to the following day; and if necessary the returning officer or deputy shall further adjourn the poll until such interruption or

(a) See section 194 (1) (b). (b) See, e.g., sections 252-254. 1958. The Constitution Act Amendment. No. 6224 365 obstruction has ceased, when the returning officer or deputy shall again proceed with the taking of the poll at the place at which the same was so interrupted or obstructed.

196. If from any cause no polling has been opened at any Adjournment f U 8 booth of a polling place for any province or district on the day £hE?e ro itnot named for the purpose in any writ of election for the same, the opened/ polling at such booth shall stand adjourned to a day not later than ^"{gf!06 seven clear days following the day upon which such polling was to have taken place; and the returning officer or deputy (as the case may be) shall forthwith cause public notice to be given thereof. The provisions of this Act(a) with respect to voting by absent voters shall not in the case of an adjournment under this or the last preceding section enable any person to vote as an absent voter on any day to which the taking of the poll or the poll is adjourned.

197. Where any poll has by any deputy been adjourned as On adjournment provided in either of the two last preceding sections the deputy shall by deputy notice to be forthwith give notice thereof to the returning officer. given to returning officer. No. 6006 «. 197. 198. Except as is otherwise expressly provided in this Act, in Result of election not every such case of adjournment as aforesaid the returning officer to be declared till poll shall not notify the total number of votes given or finally declare finally closed. upon which candidates the election has fallen until the poll so No. 6006 adjourned has been finally closed and the ballot-papers transmitted s. 198. to the returning officer.

199. (1) No such adjournment as aforesaid of the proceedings Limit 0f at any election shall be made or extend to the day named as the adi°urnments- return day in the writ for the election. a°'99°° (2) If the polling has not been completed before the day named, the returning officer shall forthwith indorse that fact upon the writ and shall return the same.

200. (1) No election shall be liable to be questioned by reason Election not only of any defect in the title or any want of title of the person by f^an'of or before whom such election or any polling for the same has been fg,**^1 in held, if such person has been actually appointed to preside or has officers, been acting in the office giving the right so to preside at such N%5j°°6 election.

(2) No election shall be void in consequence only of there Norfor having been no returning officer at the time of the issue of the writ ""^"Inff" or of any delay in the return of the writ. nature™8

(a) See section 187. 366 1958. The Constitution Act Amendment. No. 6224

Governor in (3) (a) Where any accidental or unavoidable impediment Council to take measures misfeasance or omission has happened, the Governor in Council to cure defect. may by Order— take all such measures as may be necessary for removing such impediment or rectifying such misfeasance or omission; or declare any or all of the proceedings at or for any election valid as to and notwithstanding such impediment misfeasance or omission. (b) 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.

Penalty for 201. If the returning officer of any province or district or if neglect &c. by returning any person having been appointed under this Act to act as such officer. returning officer or his substitute or deputy at any election for the No. 6006 3.201. same respectively and undertaken so to act, is guilty of any wilful misfeasance or wilful negligent act of commission or omission contrary to any of the provisions of this Act and not otherwise provided for, he shall be liable to a penalty of not less than Ten nor more than Two hundred pounds.(o)

DIVISION 13. PREFERENTIAL VOTING, DECLARATION OF POLL, DISPOSAL OF BALLOT-PAPERS ETC.

Application of 202. This Division shall apply to all elections for the Council Division. No. 6006 or for the Assembly except general elections for the Council. s. 202. (6) How vote to 203. Every person to be recorded. whom a ballot-paper has been No. 6006 delivered shall— s. 203. (a) forthwith retire alone to some unoccupied compartment of the polling booth; (b) there alone and without delay mark his vote on the ballot-paper in manner required by this Division; (c) forthwith fold up the ballot-paper in such manner as will conceal the names of the candidates; and (d) deposit it in the ballot-box in the presence of the returning officer or deputy.

How votes to 204. When a person receives a ballot-paper he shall mark his be^marked by yote on ^ ballot-paper by placing the figure 1 opposite the name No. 6006 of the candidate for whom he votes as his first preference and shall s. 204. _ (a) See section 313. (b) As to blind, disabled, and illiterate persons and spoilt ballot-papers, see section 191. 1958. The Constitution Act Amendment. No. 6224 367 give contingent votes for all the remaining candidates by placing figures 2, 3, 4 (and so on as the case requires) opposite their names so as to indicate by such numerical sequence the order of his preference.

205. (1) Notwithstanding anything contained in the last Marking of preceding section at any election where there are only two where only candidates the requirements of this Division as to the marking Si-dates. of ballot-papers by electors shall be deemed to be sufficiently NO. 6006 complied with in the case of any ballot-paper marked with the NO06&I6 figure 1 as aforesaid so as to indicate the elector's first preference s-3(1)- only. (2) Notwithstanding anything contained in the last preceding invalid section, at any election where there are more than two candidates baUot-papers- the requirements of this Division as to the marking of ballot-papers by electors shall be deemed to be sufficiently complied with in the case of any ballot-paper marked with the figures 1, 2, 3, 4 (and so on as the case requires) opposite the names of all the candidates on the ballot-paper except one, and in any such case the elector shall for all the purposes of this Act be deemed and taken to have indicated the order of his preference for all the candidates and to have given his last contingent vote to the candidate opposite whose name no figure is placed.

206. (1) A ballot-paper shall be rejected at the close of the Ballot-papers poll if it is not marked in a manner prescribed or allowed by this not invalid. No. 6006 Act. s. 206; No. 6016 (2) Except as otherwise expressly provided a ballot-paper s.3(3) (a). shall not be rejected for any reason other than the reasons enumerated in this section but shall be given effect to according to the elector's intention so far as his intention is clear.

207. At an election where there are only two candidates the Procedure te ascertain procedure by the returning officer and deputy returning officers for number of votes when each province or district to ascertain the number of votes for each two candiaates candidate shall be as follows:— only. No. 6006 (a) Immediately upon the close of the poll the returning s. 207. officer and every deputy at the polling booth at which each presides shall in the presence and subject to the inspection of such of the scrutineers The counting of votes at as choose to be present and the poll clerk (if any) the polling and of no other persons— booth. (i) open each ballot-box at such polling booth; (ii) count all first preference votes (other than votes of unenrolled voters and absent voters) given for each candidate respectively; 1958. The Constitution Act Amendment. No. 6224 (iii) make and keep a record of the number of votes counted from each ballot-box. (b) Each deputy shall in respect of the polling booth at which he presides— (i) certify a list of the number of such first preference votes given for each candidate verified as well by the signature of the deputy and the poll clerk (if any) as by the signatures of such of the scrutineers as are present and consent to sign the same; (ii) make out an account verified as aforesaid in which such deputy shall charge himself with the number of ballot-papers originally delivered to him specifying therein the number thereof delivered to and used by voters and the number not so delivered or left unused and the number set aside for separate custody(a) and the number cancelled as spoilt;*6' (iii) make up in one parcel the ballot-papers which havs been used in voting at the said polling booth during the election; in another separate parcel the ballot-papers which have remained unused thereat; in another separate parcel the ballot-papers which have been set aside for separate custody thereat(o) and also the ballot-papers cancelled as spoilt ;(o) and in another separate parcel the certified copies of rolls supplied to the said deputy signed by him or (as the case may be) the copies of rolls certified by the said deputy(6) and all books rolls and papers kept or used by him during the polling; (iv) seal up the said several parcels and permit any scrutineer who desires so to do to affix his seal to such parcels; (v) indorse the said parcels severally with a description of the contents thereof and with the name of the province or district the name of the subdivision and polling booth and the date of polling and sign his name to such indorsement; and (vi) transmit such list and such account and such sealed parcels to the returning officer. (a) See sections 190, 191. (6) See sections 172, 191. The Constitution Act Amendment. No. 6224 369

(c) The returning officer shall in respect of the polling Duties of ,, ,.,, .. returning booth at which he presides— officer at the r booth at (i) make out a list of first preference votes j£gfcj£ given for each candidate and a like account of the ballot-papers as herein required in the case of deputies duly verified by the signatures of the returning officer the poll clerk (if any) and of such of the scrutineers as are present and consent to sign the same; and (ii) seal up in separate parcels in respect of the said polling booth the ballot-papers books rolls and papers used by him during the polling and indorse the same in like manner as is herein required in the case of deputies. (d) The returning officer shall as soon as practicable— Further , ,. , , general (l) ascertain from the list made out by duties of v ' J returning himself as aforesaid and the certified lists officer to , - , , . , , , ascertain the received from the deputies the number of result of the first preference votes given for each candidate; and (ii) add the first preference votes so given for each candidate to the first preference votes given for each candidate by the allowed postal ballot-papers and by votes of unenrolled voters and absent voters returned and allowed under the provisions of this Act so as to ascertain the number of first preference votes given for each candidate respectively. (e) The candidate who has received the greatest number SuccesSfui d > of first preference votes (including the casting vote b^ 1^J| of the returning officer if necessary) shall by the elected, returning officer be declared duly elected as hereinafter provided.

(/) If the two candidates have received an equal number casting vote. of votes the returning officer shall in such case have the casting vote but shall not otherwise vote at such election. 370 1958. The Constitution Act Amendment. No. 6224

Procedure to 208. At an election where there are more than two candidates ascertain the number of the procedure by the returning officer and deputy returning officers votes where more than for each pro•vinc e or district to ascertain the number of votes for two candidates. each candid*at e shall be as follows:— No. 6006 s. 208; (fl) Immediately upon the close of the poll the returning No. 6016 8. 3 (3) (b). officer and every deputy at the polling booth at The counting of votes at which each presides shall in the presence and the polling subject to the inspection of such of the scrutineers booth. as choose to be present and the poll clerk (if any) and of no other persons— (i) open each ballot-box at such polling booth; (ii) arrange the ballot-papers (other than ballot-papers recording votes of unenrolled voters and absent voters) by placing in a separate parcel all those on which a first preference is indicated for the same candidate and the full contingent votes are also given or deemed to be given for all the remaining candidates omitting ballot-papers which require to be rejected; (iii) count all such first preference votes given for each candidate respectively; and (iv) make and keep a record of the number of votes counted from each ballot-box. (b) Each deputy shall in respect of the polling booth at which he presides—

Duties ol (i) certify a list of the number of such first deputies preference votes given for each candidate verified as well by the signature of the deputy and the poll clerk (if any) as by the signatures of such of the scrutineers as are present and consent to sign the same; (ii) make out an account verified as aforesaid in which such deputy shall charge himself with the number of ballot-papers originally delivered to him specifying therein the number thereof delivered to and used by voters and the number not so delivered or left unused and the number set aside for separate custody(a> and the number cancelled as spoilt;(6) (a) See section 190. (b) See section 191. 1958. The Constitution Act Amendment. No. 6224 371

(iii) make up in one parcel the ballot-papers which have been used in voting at his polling booth during the election; in another separate parcel the ballot-papers which have remained unused thereat; in another separate parcel the ballot-papers which have been set aside for separate custody thereat(a) and also the ballot-papers cancelled as spoilt;(6) and in another separate parcel the certified copies of rolls supplied to the said deputy signed by him or (as the case may be) the copies of rolls certified by the said deputy(c) and all books rolls and papers kept or used by him during the polling;

(iv) seal up the said several parcels and permit any scrutineer who desires so to do to affix his seal to such parcels;

(v) indorse the said parcels severally with a description of the contents thereof and with the name of the province or district the name of the subdivision and polling booth and the date of polling and sign his name to such indorsement; and

(vi) transmit such list and such account and such sealed parcels to the returning officer.

(c) The returning officer shall in respect of the polling Duties of booth at which he presides— ET polling booth (i) make out a list of first preference votes given {£^JdS'hc for each candidate and a like account of the ballot-papers as herein required in the case of deputies duly verified by the signatures of the returning officer the poll clerk (if any) and of such of the scrutineers as are present and consent to sign the same; and (ii) seal up in separate parcels in respect of the said polling place the ballot-papers books rolls and papers used by him during the polling and indorse the same in like manner as is herein required in the case of deputies.

(a) See section 190. (b) See section 191. (c) See section 172. 372 1958. The Constitution Act Amendment. No. 6224

Further duties (d) The returning officer shall as soon as practicable— of returning officer. (i) ascertain from the list made out by himself as aforesaid and from the certified lists received from the deputies the number of first preference votes given for each candidate; and (ii) add the first preference votes so given for each candidate to the first preference votes given for each candidate by allowed postal ballot-papers and by votes of unenrolled voters and absent voters returned and allowed under the provisions of this Act so as to ascertain for the whole province or district the number of first preference votes given for each candidate respectively.

Where result (e) The candidate who has received the greatest number of ascertained on first count. first preference votes if such number constitutes an absolute majority of votes (including the casting vote of the returning officer if necessary) shall by the returning officer be declared duly elected as hereinafter provided.

Declaration (/) If no candidate has an absolute majority of votes the as to defeated candidate and returning officer upon receipt of the several sealed first distribution of parcels from the deputies and with the assistance of preferences such officers as he deems necessary shall in the presence and subject to the inspection of such of the scrutineers as choose to be present and the poll clerk (if any) but of no other persons then— (i) open all the sealed parcels containing used ballot-papers; and (ii) arrange such ballot-papers together with the allowed postal ballot-papers and ballot-papers returned to the returning officer and recording votes of unenrolled voters and absent voters allowed under the provisions of this Act by placing in a separate parcel all those on which a first preference is indicated for the same candidate and the full contingent votes are also given or deemed to be given for all the remaining candidates omitting ballot-papers which require to be rejected and shall declare the candidate who has obtained the fewest first preference votes 1958. The Constitution Act Amendment. No. 6224 373

to be a defeated candidate; and the ballot-papers counted to such defeated candidate shall be distributed amongst the non-defeated candidates next in order of the voters' preference. After such distribution the number of votes given to each non-defeated candidate shall again be ascertained.

(g) If no candidate then has an absolute majority of votes Further declarations (including the casting vote of the returning officer if and distributions necessary) the process of declaring the candidate of preferences. who has the fewest votes to be defeated and distributing his ballot-papers amongst the non-defeated candidates next in order of the voters' preference shall be repeated and the votes recounted after every such redistribution until one candidate has obtained an absolute majority of votes (including the casting vote of the returning officer if necessary) and such candidate shall be declared duly elected as hereinafter provided.

(h) If on any count two or more candidates have an equal Provision for equality of number of votes and one of them has to be declared votes and defeated the returning officer shall decide which is casting vote. to be declared defeated and if on the final count two candidates have received an equal number of votes the returning officer shall in such case have the casting vote but except as provided in paragraphs (e) and (g) and in this paragraph shall not vote at such election.

209. (1) If on the date of the polling at any election the count Adjournment of the votes by the returning officer cannot be completed he shall votes!"11 ° adjourn such count and inform the scrutineers and the officers N°^°°6 appointed to assist him at such count as regards the time and place when and where such count will be continued and conducted by him.

(2) The count of the votes may from time to time be adjourned Further adjournments. as the returning officer deems necessary until it has been duly completed; and each adjournment shall be announced by the returning officer to the scrutineers and the officers assisting him.

(3) Before every adjournment of the count of the votes- Before adjournment Co) all ballot-papers and other documents connected with K>o~beipers such count shall be placed in one or more Ifauot-boxes. ballot-boxes; and 374 1958. The Constitution Act Amendment. No. 6224

(b) the returning officer shall then in the presence of such scrutineers and officers as are present seal such ballot-box or boxes; and before recommencing the count the seal on such ballot-box or boxes shall be exhibited unbroken to such of the scrutineers and officers as are present.

Declaration of election. The returning officer shall as soon as conveniently may be No. 6006 after the date of the polling at any election by notice signed by him s. 210. and placed in some conspicuous position at the principal polling place and also inserted in some newspaper published in the province or district or if none such is published then in a Melbourne daily newspaper, announce the number of first preference votes given for each candidate and (if the case so requires) the details of distribution of preference votes and declare that candidate who according to the provisions aforesaid has received the greatest number of votes to be duly elected as a member for the province or district: Provided that, where the returning officer is satisfied that any votes which have not yet been received by him cannot possibly affect the result of the election, such returning officer, with the concurrence of the Chief Electoral Officer, may by notice signed exhibited and published as aforesaid declare the candidate who according to the provisions aforesaid is certain to receive the greatest number of votes to be duly elected as a member for the province or district, and in any such case the returning officer shall, as soon as conviently may be after the completion of the count, by a supplementary notice signed exhibited and published as aforesaid announce the number of first preference votes given for each candidate and the details of distribution as aforesaid.

Indorsement 211. The name of the person so declared to be elected shall be and return of writ. indorsed on the writ by the returning officer and the writ shall No. 6006 s. 211. within the time specified therein be returned by him to the Governor President or Speaker whosoever has issued the same.

Separate (a) parcels to be 212. (1) The returning officer shall as soon as practicable enclosed in after the date of the polling at any election enclose in separate packets according to packets all the parcels transmitted to him as provided in this class and sealed &c. Division and those made up and sealed by himself in respect of the No. 6006 polling booth at which he has presided. s. 212; No. 6016 s.4(8) (o). (2) He shall enclose in one separate packet all parcels of used ballot-papers except used ballot-papers in this sub-section specifically provided for; in another all parcels of unused ballot-papers including all ballot-papers which have been printed for the election and not distributed for use to his deputies; in another all parcels of ballot-papers set aside under section one (a) See section 232 as to applications for postal ballot-papers. 1958. The Constitution Act Amendment. No. 6224 375 hundred and ninety or section two hundred and thirty of this Act and also all ballot-papers cancelled as spoilt(fl); in another all parcels containing copies of rolls books and other papers; and shall enclose in another all ballot-papers of unenrolled voters and the envelopes containing the same and in another all ballot-papers of absent voters and the envelopes containing the same. (3) He shall seal up the several packets and indorse the same with a description of the contents thereof respectively and the name of the province or district (as the case may require) and the date of the polling and sign his name to such indorsement and shall forthwith forward the packets to the clerk of the Council or of the Assembly according as the election may have concerned the one or the other to be by such clerk safely kept for two years. (4) The said clerk shall forthwith give or send to the returning officer a receipt under his hand for the said packets.

(5) Any ballot-paper, and any copy of a roll, and any book Ballot-papers and copies of purporting to be taken from any such parcel and having written rolls and books to be thereon respectively under the hand of the clerk of the Council or evidence. clerk of the Assembly (as the case may require) a certificate of the several particulars required by this Division to be indorsed upon such parcel and that the same was so taken from such parcel shall be evidence in any court or before any justice or any committee of elections and qualifications that the same was so taken and that the same if a ballot-paper was deposited and if a roll or book was kept or used at the election and booth to which such indorsement and writing relate.

DIVISION 14. PROVISIONS APPLICABLE ONLY TO GENERAL ELECTIONS FOR THE COUNCIL. 213. This Division shall apply only to general elections for the Application of Division. Council. No. 6006 s.213.

214. Every person to whom a ballot-paper has been delivered How vote to be recorded. shall- No. 6006 (a) forthwith retire alone to some unoccupied s. 214. compartment of the polling booth; (b) there alone and without delay mark his ballot-paper in manner provided in the Eleventh Schedule to this Eleventh Act; Schedule. (c) forthwith fold up the ballot-paper in such manner as will conceal the names of the candidates; and (d) deposit it in the ballot-box in the presence of the returning officer or deputy. (a) See section 191. 376 1958. The Constitution Act Amendment. No. 6224

Application of 215. The provisions of the Eleventh Schedule to this Act shall provisions in Eleventh apply to this Division as if repeated herein. Schedule. No. 6006 s. 215. Tenure of 216. At any election to which this Division applies— members. No. 6006 (a) the member who is elected to fill the first vacancy for s. 216. any province shall be entitled to hold his seat for a period of six years and the member who is elected to fill the second vacancy for that province shall be entitled to hold his seat for a period of three years only; and (b) where no polling takes place in any province it shall be decided by lot which member for that province shall be entitled to hold his seat for a period of six years and which shall be entitled to hold his seat for a period of three years only.

Declaration 217. The returning officer shall as soon as conveniently may be of election. No. 6006 after the poll by notice signed by him and posted in some s. 217. conspicuous position at the principal polling place and also inserted in some newspaper published in the province or if none such is published then in a Melbourne daily newspaper— (a) announce the number of first preference votes given for each candidate and the result of the final count in the fillingo f each vacancy; and (b) declare the candidates who in accordance with the provisions of this Division have been elected to fill the first and second vacancies to be duly elected as members for the province: Provided that, where the returning officer is satisfied that any votes which have not yet been received by him cannot possibly affect the result of the election, such returning officer, with the concurrence of the Chief Electoral Officer, may by notice signed exhibited and published as aforesaid, declare the candidates who in accordance with the provisions of this Division are certain to fill the first and second vacancies to be duly elected as members for the province, and in any such case the returning officer shall as soon as conveniently may be after the completion of the count by a supplementary notice signed exhibited and published as aforesaid announce the number of first preference votes given for each candidate and the result of the final count in the filling of each vacancy. indorsement 218. The names of persons so elected and the vacancy which ana return of eack person j^s been so elected to fill shall be indorsed on the writ sNO. 218. 600. 6 by the returning officer; and the writ shall within the time specified therein be returned by him to the Governor. 1958. The Constitution Act Amendment. No. 6224 377

DIVISION 15.—VOTING BY POST. 219. (1) Any elector for any province or district in which Application* an election is about to be held, on the ground— iauSt-plpera. (a) that he resides at least five miles, or in the case of J^f?06 any subdivision declared to be a mountainous J*o.«*i6 subdivision as hereinafter provided that he resides at least three miles, from the nearest polling place at which he is entitled to vote; or (b) that he will not throughout the hours of polling on the polling day be within the State of Victoria; or (c) that he will not throughout the hours of polling on the polling day be within five miles of the nearest polling place at which he is entitled to vote; or (d) that he will throughout the hours of polling on the polling day be travelling under conditions which will preclude him from voting at any polling place at which he is entitled to vote; or (e) that he is seriously ill or infirm and by reason thereof will be prevented from voting personally at any such polling place; or (/) that by reason of approaching maternity the elector will be prevented from voting personally at any such polling-place; or (g) that he has conscientious scruples against voting on a Saturday— may before the polling day make application in the form of the Twelfth Schedule or to the like effect to the returning officer for such province or district for a postal ballot-paper enabling such elector to vote through the post at such election instead of attending personally to tender his vote thereat.

(2) In the case of an application on a ground specified in paragraph (b) (c) (d) or (g) of the last preceding sub-section the applicant shall state in his application the reasons why he believes such ground to be applicable to his case. (3) With respect to applications for postal ballot-papers Application whether the application is signed within or outside Victoria the in presence of following provisions shall have effect:— wtoei'f6'1 (a) The following directions with respect to such applications shall be substantially observed:— (i) When so much of the form of application as precedes the places for the signatures has been filled in and otherwise completed the elector shall exhibit his form of application to an authorized witness; 378 1958. The Constitution Act Amendment. No. 6224 (ii) The elector shall then in the presence of the authorized witness sign his name in his own handwriting on the form of application in the place provided for the signature of the elector; and (iii) The authorized witness shall then sign his name in his own handwriting in the place provided for the signature of the authorized witness and shall add— if the application is signed in Victoria, the address in respect of which he is enrolled or entitled to be enrolled as an elector for the Legislative Council or the Legislative Assembly; if the application is signed outside Victoria, the title or capacity in respect of which he acts as an authorized witness and his address— and, in either case, the date. (b) An authorized witness shall not witness the signature of any elector on any application for a postal ballot-paper unless the authorized witness— (i) has satisfied himself as to the identity of the elector; (ii) has seen the elector sign the application in the elector's own handwriting; and (iii) knows that the statements contained in the application are true or has satisfied himself (whether by inquiry from the elector or otherwise) that the said statements are true.

Authorized (c) An authorized witness shall not persuade or induce or witness not to Induce &c. associate himself with any person in persuading or persons to apply for inducing any person to make application for a postal ballot-papers. postal ballot-paper. Authorized (d) An authorized witness shall not— witness not to visit elector to (i) visit any elector for the purpose of witness signature to witnessing the signature of such elector application except on to his application for a postal account of 111 health or ballot-paper; or infirmity. (ii) witness the signature of any elector to any such application in any place other than the ordinary residence or place of business of the authorized witness: 1958. The Constitution Act Amendment. No. 6224 379

Provided that if any elector desires to make Proviso, application for a postal ballot-paper and is unable on account of ill health or infirmity or approaching maternity to appear before an authorized witness any authorized witness when so requested by any such elector in writing may visit such elector for the purpose of witnessing such elector's signature to such application. (e) Every authorized witness guilty of any contravention Penalty, of or failure to observe any of the provisions of this sub-section shall be liable to a penalty of not more than One hundred pounds or to imprisonment for a term of not more than three months. (/) A list containing the names of all applicants for postal ballot-papers and the respective addresses to which they have been requested to be sent shall be posted for public inspection outside the office of the returning officer of the province or district for which they are issued.

(4) The Governor in Council by Order published in the Proclamation Government Gazette may for the purposes of this section proclaim °f mountainous any subdivision to be a mountainous subdivision. subdivision."''' ' '

220. (1) On receiving (not later than six o'clock in the on application afternoon of the day immediately preceding the day on which oS'tno the poll is to be taken) from an elector an application for a ^S^Sie? postal ballot-paper the returning officer having ascertained that No. 6006 the name of the applicant is upon any electoral roll to be No.2°6i6 s 4 (2) (8) used at the election for the province or district specified in the ('6 ). ' application and that the applicant is not prohibited from voting, and if satisfied that the application is properly signed by the applicant and is properly witnessed and that the applicant is entitled according to the statements contained in his application to a postal ballot-paper on the ground on which he applied, shall, but not before noon of the day of nomination, deliver to the applicant or post to him at the postal address named in the application a postal ballot-paper in the form or to the effect of Part A of the Thirteenth Schedule together with an envelope Thirteenth addressed to the returning officer and bearing thereon an Scnedule- endorsement in the form or to the effect of Part B of the Thirteenth Schedule.

(2) If the returning officer is not satisfied that the application is properly signed by the applicant or that the application is properly witnessed or that the applicant is entitled to vote by post he shall forthwith post to the applicant a notice in the form of the Fourteenth Schedule or to the like effect. saSSS"1 380 1958. The Constitution Act Amendment. No. 6224

Effect of immaterial 221. No application for a postal ballot-paper shall if properly error. signed by the applicant and properly witnessed be deemed No. 6006 s. 221. insufficient or invalid by reason only that in such application there is an omission or incorrect or insufficient description or misdescription in respect of any of the particulars required by law to be contained therein if the returning officer is satisfied that the applicant is entitled to a postal ballot-paper.

Initialing and numbering of 222. (1) The returning officer shall— postal ballot-papers. (a) initial each postal ballot-paper issued; and No. 6006 8.222: No. 6016 (b) keep and number the applications therefor in s. 4 (3), (8) (c). consecutive order, writing the corresponding number on the envelope delivered or posted to the applicant with the ballot-paper.

(2) On the said envelope the returning officer shall also write the number on the electoral roll of the elector to whom the postal ballot-paper is issued.

Postal (3) Every postal ballot-paper issued by a returning officer ballot-papers issued after shall have printed or written thereon, in alphabetical order of close of nominations surnames, the surnames and christian or other names of the to show candidates' candidates for election and, in the case of two or more candidates names. having the same surname and christian or other names, the residence and occupation of each such candidate: Provided that if no two candidates have the same surname a postal ballot-paper so issued and upon which the candidates' names are written may have the surnames only of the candidates written thereon.

Record of issue of 223. (1) The returning officer shall on the electoral rolls to voting by postal be used at the election for the province or district to which such ballot-paper. postal ballot-paper relates note opposite the applicant's name No. 6006 s. 223. wherever it appears the fact that such postal ballot-paper has been issued to such applicant and the date of such issue.

Notification to presiding (2) In case there is not time to note the fact of the issue of officers. any postal ballot-paper on every such roll on which such applicant's name appears which is to be used at the election the returning officer shall in such manner as he thinks fit immediately notify such issue to the deputy returning officer at every polling place for such province or district at which a roll is to be used on which such applicant's name appears. 1958. The Constitution Act Amendment. No. 6224 381

224. The following directions for regulating voting whether Mode of within or outside Victoria by means of postal ballot-papers shall means of be substantially observed:— Kffikapen. (1) The elector shall exhibit his postal ballot-paper unmarked ™°i$£6 to an authorized witness. st°3(2)64 (4), (8)\d), No. 6112 s. 2.

(2) The elector shall in the presence of the authorized witness Marking but so that the witness cannot see the vote indicate the order of Knot-paper. his preference by placing the figures 1, 2, 3, 4, and so on opposite the candidates' names: Provided that where there are only two candidates the foregoing provisions of this sub-section shall be deemed to be sufficiently complied with if the ballot-paper is marked with the figure 1 as aforesaid so as to indicate for whom the elector votes: Provided further that where there are more than two candidates the foregoing provisions of this sub-section shall be deemed to be sufficiently complied with if the ballot-paper is marked with the figures 1, 2, 3, 4 (and so on as the case requires) opposite the names of all the candidates on the ballot-paper except one, and in any such case the elector shall for all the purposes of this Act be deemed and taken to have indicated the order of his preference for all the candidates and to have given his last contingent vote to the candidate opposite whose name no figure is placed. (3) If the elector's sight is so impaired that he is unable to vote without assistance the authorized witness at the request of the elector— (a) shall mark his vote on the ballot-paper and shall (if the elector so desires) mark the same in the presence of another person; or (b) shall permit some other person appointed by the elector to mark the ballot-paper for him. (4) The elector shall then fold the ballot-paper place it in the envelope provided and seal the envelope. (5) The elector shall then sign his name in his own handwriting on the envelope in the place provided for the signature of the voter. (6) The authorized witness shall then sign his name in his own handwriting in the place provided for the signature of the witness, and shall add— (a) if signed in Victoria, the address in respect of which he is enrolled or entitled to be enrolled as an elector for the Legislative Council or the Legislative Assembly; 382 1958. The Constitution Act Amendment. No. 6224 (b) if signed outside Victoria, the title or capacity in respect of which he acts as an authorized witness and his address— and, in either case, the date. (7) The elector shall then post the ballot-paper or cause it to be posted to the returning officer at the address endorsed on the envelope so as to reach him before the close of the poll, or deliver it or cause it to be delivered before the close of the poll on the polling day to any polling place open in Victoria for transmission to such returning officer as hereinafter provided.

Duty of authorized 225. (1) The authorized witness (whether within or outside witness. Victoria) shall— No. 6006 s. 225: (a) see that the foregoing directions are substantially No. 6016 8. 4 (5), (8) complied with; (e). (b) refrain from looking at the vote given by the elector except where the elector cannot vote without assistance and the elector requests his assistance; (c) not disclose any knowledge officially acquired by him touching the vote of the elector, save in answer to some question which he is legally bound to answer or in compliance with the express provisions of the law relating to parliamentary elections. Witnessing signature to (2) An authorized witness (whether within or outside ostal gallot-paper Victoria) shall not— or counterfoil. (a) visit any elector for the purpose of witnessing the signature of such elector to the declaration relating to his postal ballot-paper; (b) witness the signature of any elector to the declaration relating to his postal ballot-paper at any place other than the ordinary residence or place of business of the authorized witness; or (c) witness the signature of any elector to the declaration relating to his postal ballot-paper unless the authorized witness has satisfied himself as to the identity of the elector and has seen the elector sign the declaration in the elector's own handwriting: Provided that if any elector has received a postal ballot-paper and is unable on account of ill health or infirmity or approaching maternity to appear before an authorized witness any authorized witness when so requested by any such elector in writing may visit such elector for the purpose of witnessing such elector's signature to the declaration relating to such postal ballot-paper.

Penalty. (3) Every authorized witness guilty of any contravention of any of the provisions of this section shall be liable to a penalty of not more than One hundred pounds or to imprisonment with or without hard labour for a term of not more than three months. 1958. The Constitution Act Amendment. No. 6224 383 226. No postal ballot-paper shall be rejected because of any Mistakes in mistake in spelling the name of a candidate if the intention is clear. SSJatlriai. No. 6006 s. 226.

227. (1) Except as provided in the next succeeding section no Elector who has received elector to whom a postal ballot-paper for any election has been sent postal ballot-paper shall be entitled to vote personally at any poll unless he previously not to vote personally gives up such postal ballot-paper unmarked to the returning officer without giving up or deputy at the polling-place at which he is entitled to vote. such paper. No. 6006 (2) Such officer shall immediately cancel such postal s. 227. ballot-paper and retain it.

228. (1) If an elector to whom a postal ballot-paper appears Provision when elector to have been sent states that he has not received such postal claims to vote although ballot-paper and claims to vote personally at any polling place postal ballot-paper within the subdivision of the province or district to which such already issued. postal ballot-paper relates the returning officer or deputy at such No. 6006 booth may take from such elector a declaration in the form of the s. 228. Fifteenth Schedule or to the like effect. Thereupon such elector Fifteenth shall be entitled to vote personally at such poll and his vote shall Schedule. be taken in the ordinary way.

(2) If such vote is received by the deputy returning officer he shall immediately advise the returning officer of the fact of such elector having voted personally and shall forward the declaration to the returning officer with the ballot-papers; and if any postal ballot-paper purports to have been received from the same elector such postal ballot-paper shall be rejected at the counting of the votes and the returning officer shall state thereon the reason of such rejection.

229. (1) The returning officer or deputy shall before any Additional person personally tendering his vote at any election for any province pmonTende? or district receives a ballot-paper (but not afterwards), put to such penally. person the following question in addition to any others he may N0.6006 lawfully put:— s229- Have you received a postal ballot-paper enabling you to vote at any election for the Legislative Council or the Legislative Assembly (as the case may be) to-day? [In the case of an adjourned poll the day from which the poll was adjourned should also be named in the question.] (2) Every person having tendered his vote when such question Refusal&c to is put as aforesaid who refuses or omits distinctly to answer the answer- same, and every person who answers the question in the affirmative 384 1958. The Constitution Act Amendment. No. 6224

but does not deliver up his postal ballot-paper unmarked shall be and be deemed prohibited from voting then and afterwards at such election, and shall be guilty of an offence, and shall be liable to a penalty of not more than Twenty pounds or to imprisonment with or without hard labour for a term of not more than one month. penalty for (3) Every person who wilfully makes a false answer to such answer. question put as aforesaid shall be guilty of an offence, and shall be liable to a penalty of not more than Fifty pounds or to imprisonment with or without hard labour for a term of not more than three months.

Procedure in 230. (1) When upon the close of any poll the returning relation to postal officer is proceeding to ascertain the number of votes for each ballot-papers. No. 6006 candidate, the returning officer shall produce unopened all s. 230; No. 6016 envelopes containing postal ballot-papers received by him through S.4C5). the post up to the close of the poll and all postal ballot-papers transmitted to him under sub-section (2) of this section, and such envelopes shall in the presence of the scrutineers present and the poll clerk, if any, but of no other person be dealt with as follows, namely:— {a) The returning officer shall produce all applications for postal ballot-papers; (b) The returning officer without opening the envelopes containing postal ballot-papers shall compare the signature of the voter on the declaration endorsed on the envelope with the signature on the application and shall allow the scrutineers to inspect such signatures and the returning officer shall determine whether or not the signature on the envelope is that of the applicant; (c) If the postal ballot-paper is allowed by the returning officer he shall open the envelope and remove the postal-ballot-paper therefrom without unfolding or inspecting such ballot-paper or allowing any other person to do so and shall insert the folded postal ballot-paper in a ballot box separate from that used during the polling; (d) If the declaration endorsed on the envelope containing any postal ballot-paper is not witnessed as required by this Act the postal ballot-paper shall be disallowed by the returning officer (and, without affecting the generality of the foregoing, a postal ballot-paper shall for the purposes of this Act be not properly witnessed if, in the case of a declaration signed outside Victoria, the authorized witness has not stated definitely the title under 1958. The Constitution Act Amendment. No. 6224 385

which he acts as such or states some title which does not qualify a person to be an authorized witness); (e) The returning officer shall place in a separate parcel all the envelopes from which allowed postal ballot-papers are taken; (/) The list of the number of votes received by each candidate shall show separately the votes tendered personally and the votes given by postal ballot-papers; (g) If the returning officer disallows a postal ballot-paper then the unopened envelope containing such ballot-paper shall be included in the sealed parcel of ballot-papers set aside for separate custody and shall be transmitted to the Clerk of the Council or of the Assembly (as the case requires). (2) Where any postal ballot-paper is delivered to any polling place before the close of the poll on the day of polling the deputy returning officer at such polling place shall without opening the envelope forthwith forward it to the returning officer for the province or district in respect of which the deputy returning officer is appointed for transmission by such returning officer to the returning officer for the province or district concerned.

231. The decision of the returning officer as to the allowance or Decision of disallowance of any postal ballot-paper shall be subject to review office1""15 6 only by the committee of elections and qualifications or the Court f^3f° of Disputed Returns (as the case may be).

232. Notwithstanding anything in this Act— (a) all applications for postal ballot-papers and all Applications to be envelopes of postal ballot-papers (except the forwarded to Chief envelopes containing disallowed ballot-papers) Electoral Officer after received by a returning officer— declaration of poll and to be (i) shall not be made up or enclosed in the open to separate parcels or separate packets inspection. No. 6006 otherwise required to be sealed up in s. 232; No. 6016 accordance with this Act but shall be 8. 4 (8) (/). made up and enclosed in a special packet which shall be indorsed with a description of the contents and the name of the province or district (as the case may require) and the date of the polling (which indorsement shall be signed by the returning officer) and forthwith after the declaration of the poll shall be forwarded by the returning officer to the Chief Electoral Officer; VOL. II.—IS 386 1958. The Constitution Act Amendment. No. 6224

Preservation (ii) shall be safely kept by the Chief Electoral of applications. Officer for two years; and Applications (iii) after receipt thereof by the chief electoral open to public officer shall be open to public inspection inspection. at all convenient times during office hours at the office of the Chief Electoral Officer until the expiration of the said period of two years; Chief Electoral Officer to give (b) the Chief Electoral Officer shall forthwith give or send receipt for to the returning officer a receipt under his hand packet. for every such special packet received by him; Production (c) the Chief Electoral Officer shall produce any such before committee of applications or envelopes when required to do so elections and qualifications by any committee of elections and qualifications or Court. or the Court of Disputed Returns (as the case may be) for the purposes of any recount of votes or inquiry by such committee or Court; Applications (d) any application for a postal ballot-paper and any to be evidence. envelope of a postal ballot-paper taken from any such special packet and having written thereon respectively under the hand of the Chief Electoral Officer a certificate of the several particulars required by this section to be indorsed upon such packet and that the same was taken from such packet shall be evidence in any court or before any justice or before any committee of elections and qualifications— (i) that the same was so taken; (ii) that the same, if an application, was received by the returning officer (at the election to which such indorsement and writing relate) and that a postal ballot-paper the envelope of which bears the application number corresponding with the application number written on the application was issued by the returning officer to the applicant whose name appears on the application; and (iii) that the same, if an envelope, was the envelope of a postal ballot-paper used at the said election. Certain 233. The following persons shall be deemed guilty of bribery offences to be bribery. within the provisions of section two hundred and forty-one of No. 6006 s.233. this Act:— (a) Every person who directly or indirectly makes overtures to any person for the acquiring by gift or purchase or who acquires by gift or purchase from any person any postal ballot-paper; and 1958. The Constitution Act Amendment. No. 6224 387 (b) Every elector who directly or indirectly makes overtures to any person for the giving away or parting with the possession of or selling any postal ballot-paper or who gives away any such paper or who sells or (except as in this Division provided) parts with the possession of any postal ballot-paper.

234. If in any application for a postal ballot-paper any person Making false makes any false statement or if any person applies for a postal jgpiicauon a ballot-paper to which some other person is entitled he shall be dem™ur' guilty of a misdemeanour and shall be liable to imprisonment s.2'34. with or without hard labour for a term of not more than two years.

235. Every person who wilfully makes and subscribes any False declaration for the purposes of this Division the same being perjury. untrue or false in any particular shall be liable to the penalties of N?^*006 perjury.

236. Every person who— Inducing (a),»,. directl, y or indirectl.... y require..s induce. s or attempts t. o disclosurvote by epos of t c < eDOB- induce any person to show by producing his postal N 0. 6^6 ballot-paper for whom he intends to vote at any s-236- election; or (b) unless authorized by this Division writes the name or names of any candidate or candidates or marks any vote in any postal ballot-paper not issued to such person; or (c) opens any envelope addressed to a returning officer not being duly authorized so to do by such returning officer— shall be guilty of an offence and shall be liable to imprisonment with or without hard labour for a term of not more than one year.

237. (1) Every person who requires induces or attempts to inducing induce any person in his employment to obtain a postal ballot-paper TOtTfOT^ny with the intention of influencing such person by bribery or ?and!dafeby intimidation to record his vote in favour of any particular candidate tatimida^ion. shall be guilty of an offence and shall be liable to a penalty of not No. 6006 more than Fifty pounds to be recovered in a summary way before "•237- a court of petty sessions by any person who sues for the same. (2) Bribery or intimidation shall for the purposes of this section include any promise or threat either expressed implied or understood of any benefit or disadvantage to accrue directly or indirectly to such person from such first-mentioned person. 1958. The Constitution Act Amendment. No. 6224 wunessra?1 ^38. (1) The following persons shall be authorized witnesses NO. 6006 within the meaning of this Division— No. 6016 (a) within Victoria—any person who is enrolled or who 8-4<7)' is entitled to be enrolled as an elector for the Legislative Council or the Legislative Assembly; (b) within any other State or Territory in Australia— any justice of the peace for the State or Territory or the appropriate part thereof, any member of the police force of the Commonwealth or of any State or Territory, any officer of the public service of any State or of the Commonwealth permanently employed in any State or Commonwealth electoral office, any legally qualified medical practitioner, any nurse or midwife registered by the Nurses Board or Mid wives Board of any State or Territory, any officer in charge of a quarantine station, any minister of religion, any postmaster or postmistress or postal official in charge of a post office, any commissioned officer of the naval military or air forces of the Commonwealth; (c) within the United Kingdom or the Dominion of New Zealand—any member of any police force in the United Kingdom or the Dominion of New Zealand, any High Commissioner Trade Commissioner or Agent-General for the Commonwealth of Australia or the State of Victoria or any officer of the public service of the Commonwealth of Australia or the State of Victoria on the staff of any such High Commissioner Trade Commissioner or Agent-General. (2) No person who is a candidate at any election shall be an authorized witness at or in connexion with that election.

DIVISION 16. RECOUNT OF VOTES. Provision for 239. (1) At any election for the Council or the Assembly, at deduction

DIVISION 17. REGULATION OF ELECTIONS BRIBERY ETC.

240. For the purposes of this Division— Meaning of term " candidate." (a) " Candidate" used with reference to any election No. 6006 includes all persons elected to serve in Parliament s. 240. at such election, and all persons nominated as candidates at such election, or who on or after the day of the issuing of the writ for such election or after the dissolution or vacancy in consequence of which such writ has been issued have declared their intention of becoming candidates at such election or their consent to do so.

(b) " At an election " " at any election " and " during any " At or during election " respectively include the whole period any election." from the day of nomination named in any writ of election until the day on which the returning officer publicly publishes and declares the result of such election, both days inclusive.

(o) 241. (1) The following persons shall be guilty of bribery :— Who guilty of or punishable for bribery. (a) Every person who directly or indirectly by himself or No. 6006 by any other person on his behalf gives or lends or s. 241. agrees to give or lend, or offers, promises or procures or promises or endeavours to procure, any money or valuable consideration to or for any elector or any other person on behalf of any elector in order to induce any elector to vote or refrain (a) See also section 233. 1958. The Constitution Act Amendment. No. 6221 from voting, or knowingly does any such act as aforesaid on account of such elector having voted or refrained from voting at any election. (b) Every person who directly or indirectly by himself or by any other person on his behalf gives or procures or agrees to give or procure offers promises or promises to procure or to endeavour to procure, any office place or employment to or for any elector or any other person, or who retains or dismisses any elector or other person in or from any office place or employment in order to induce such elector to vote or refrain from voting, or knowingly does any such act as aforesaid on account of any elector having voted or refrained from voting at any election. (c) Every person who directly or indirectly by himself or by any other person on his behalf makes any such gift loan offer promise procurement or agreement as aforesaid to or for any person in order to induce such person to procure or endeavour to procure the return of any person to serve as a member of the Council or the Assembly respectively or the vote of any elector at any election. (d) Every person who upon or in consequence of any such gift loan offer promise procurement or agreement procures or engages promises or endeavours to procure the return of any person to serve as a member of the Council or the Assembly or the vote of any elector at any election. (e) Every person who advances or pays or causes to be advanced or paid any money to or for the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at an election.

(2) Every person so offending shall be guilty of a misdemeanour; and shall also be incapable of voting at such election.

(3) The aforesaid provisions shall not extend or be construed to extend to any money paid for or on account of any law expenses bona fide incurred at or concerning any election. 1958. The Constitution Act Amendment. No. 6224 391

242. (1) The following persons shall also be deemed guilty of Bribery on the partpart0 of electors bribery:— mis­ ' demeanour. (a) Every elector who before or during any election No. 6006 directly or indirectly by himself or by any other 8.242. person on his behalf receives agrees or contracts for any money or valuable consideration office place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting or for inducing any other person to vote or to refrain from voting at any election. (b) Every person who before during or after any election directly oi indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or to refrain from voting at any election. (2) Every elector or person so offending shall be guilty of a misdemeanour; and shall also be incapable of voting at such election.

243. (1) Every candidate or agent of a candidate who hires Hiring of or afterwards pays for any conveyance hired for the purpose of efehcuonsat bringing or carrying any elector other than himself in order that Prohibited- such elector may vote at any election or for the purpose of taking N243?°6 away any elector other than himself after he has so voted shall be deemed guilty of bribery within the meaning of this Part. (2) Every candidate for election who after the dissolution or oiftstociubs vacancy in consequence of which the writ for the election is issued candidate and before or on the day of polling offers promises or gives directly brfbery. or indirectly to or for any club or other association any gift donation or prize shall be deemed guilty of bribery within the meaning of this Part.

244. (1) Every candidate at an election who corruptly by Treating and himself or by or with any person or by any other ways or means on consequences. his behalf at any time either before or during any election directly No. 6006 or indirectly gives or provides or causes to be given or provided or s. 244. is accessory to the giving or providing or pays or allows any person to pay on his behalf wholly or in part any expenses incurred for any meat drink entertainment or provisions to or for any person, in order to forward his election or for being elected or for the purpose of corruptly influencing such person or any other person to give or refrain from giving his vote at such election, or on account of such person having voted or refrained from voting or being about to vole or refrain from voting at such election, shall be deemed guilty of the misdemeanour of treating. 302 1958. The Constitution Act Amendment. No. 6224 (2) Every elector who corruptly accepts or takes any meat drink refreshment or provisionc so paid for given or provided shall be incapable of voting at such election.

Penalty for 24S„ Every person who gives or causes to be given to any treating. No. 6006 elector during any election on account of such elector having voted s. 245. or being about to vote any meat drink or entertainment by way of refreshment or any money or ticket to enable such elector to obtain refreshment shall be guilty of a misdemeanour; and shall also be incapable of voting at such election.

Intimidation. 246. Every person who directly or indirectly by himself or by No. 6006 any other person on his behalf makes use of or threatens to make s. 246. use of any force violence or restraint, or inflicts or threatens the infliction by himself or by or through any other person of any injury damage harm or loss, or in any other manner practises intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting or on account of such person having voted or refrained from voting at any election, or who by abduction duress or any fraudulent device or contrivance impedes prevents or otherwise interferes with the free exercise of the franchise by any elector, or thereby compels or induces or prevails upon any elector either to give or refrain from giving his vote at any election, shall be guilty of a misdemeanour.

Wearing 247. (1) No candidate before during or after any election carrying or providing shall in regard to such election wear or carry, or by himself or cockades flags &c. agent directly or indirectly give or provide to or for any person prohibited. having a vote at such election or to or for any inhabitant of the No. 6006 s. 247; province or district for which such election is had, any cockade No. 6016 s. S. ribbon or other mark of distinction.

Prohibition of (2) During the hours of polling at any election— use of pubic address systems (a) no candidate shall use or permit to be used; and during polling hours. (b) no other person shall use— any loud speaker public address system or amplifier (whether fixed or mobile) broadcasting van sound system radio apparatus or any other apparatus or device for the broadcasting or dissemination of any matter intended or likely to affect the result of the election. (3) Every candidate or other person who contravenes or fails to comply with the provisions of this section shall be guilty of an offence and for every such offence be liable to a penalty of not more than Fifty pounds.

No action &c. for goods or 248. (1) No action suit or other proceeding whatsoever shall work or be brought or maintained whereby to charge any person upon any service in prosecuting contract or agreement for the loan of money or the doing of any an electiop. work or service or the supply of any goods for or towards or No. 6006 s. 248. 1958. The Constitution Act Amendment. No. 6224 393 concerning or in carrying on or prosecuting any election of a member under this Act or any corresponding previous enactment.

(2) This section shall not apply to contracts agreements or Proviso as to payments by officers or others appointed by or under this Act or officers. any former Act in carrying out the several matters or things therein or thereby authorized and required.

249. If any candidate at any election for any province or Candidates guiltv of district (whether held under this or any former Act) is declared by offences under this Act any election committee or found by the Court of Disputed Returns incapable of sitting or to be guilty of bribery treating or undue influence at any election, being elected. such candidate shall be incapable— No. 6006 s. 249. (a) of being elected or sitting as a member for any province during the period of five years from the day of declaration of the election at which he has committed such offence; or (b) of being elected or sitting as a member for any district until the following general election. 250. (1) Every person who makes any wager bet or other risk wagers &c. on of any nature whatsoever upon the result of any election for elec'ions members of the Council or the Assembly shall be liable to a penalty Proh,blted- No. 6006 of not more than Twenty pounds. s. 250. (2) Every such wager bet or other risk shall be an illegal act.

251. (1) Every person not being duly authorized who wears Carrying offensive carries or has on or about his person any gun pistol sword bludgeon weapons at elections or other offensive weapon at any election, shall be liable to a punishable. penalty of not less than Two nor more than Twenty pounds. No. 6006 s. 2S1. (2) Every person so offending shall be liable to be apprehended by a member of the police force either upon the view of such member or by direction of any returning officer or deputy returning officer; and when so apprehended shall be conveyed to any place of confinement until he can be brought before a justice to be dealt with according to law.

DIVISION 18. OFFENCES IN RESPECT OF ELECTIONS.

252. Every person who at any parliamentary election— False answers to questions &c. or double (a) knowingly makes a false answer to any question put to voting a mis­ him in accordance with the provisions (other than demeanour. section two hundred and twenty-nine) of this Part or No. 6006 to any part of such question; or s. 252. 394 1958. The Constitution Act Amendment. No. 6224

(b) being required to sign his name as in this Part provided wilfully writes as his own name the name of any other person or any name not being his own name; or (c) personates any elector for the purpose of voting; or (d) votes for more than one province or more than once for the same province or district; or (e) knowingly deposits in the ballot-box at any polling place more ballot-papers than one— shall be guilty of a misdemeanour.

Penalty for 253. Save in compliance with the express provisions of the breaking beat of or law relating to parliamentary elections every person who without opening parcel or the lawful command of some competent court or tribunal wilfully packet. breaks the seal of or opens any sealed parcel or sealed packet of No. 6006 s. 253. ballot-papers, certified copies of rolls books rolls and papers which have been sealed in accordance with the provisions of this Act, shall be guilty of a misdemeanour.

Violation of 254. (1) Any returning officer or the substitute of any secrecy by officers *c. returning officer or any deputy returning officer poll clerk or No. 6006 s. 254. scrutineer who in the discharge of his duties under this Act at or concerning any election learns or has the means of learning for what candidate any person votes or has voted at such election, shall not by word or act or any other means whatsoever directly or indirectly divulge or discover or aid in divulging or discovering the same, save in answer to some question which he is legally bound to answer or in compliance with the express provisions of the law relating to parliamentary elections. (2) Every such returning officer substitute deputy poll clerk or scrutineer who knowingly offends against the provisions of this section shall be guilty of a misdemeanour.

DIVISION 1 9. LIMITATION OF ELECTION EXPENSES. ILLEGAL PRACTICES.

Application of 255. This Division shall apply to all elections of members for this Division. No. 6006 the Council or the Assembly. s. 255. 256. In this Division— Definition of expressions " electoral " Electoral expenses " or " electoral expense " includes all expenses " and payments, including any pecuniary or other reward " candidate." (other than personal expenses of a candidate in No. 6006 s. 256; travelling and attending election meetings) made by a No. 6016 s. 6 (a). candidate. 1958. The Constitution Act Amendment. No. 6224 395

Candidate " includes any person who within two months before the day of election offers himself for election as a member of the Council or the Assembly or within such period does any act with the object of securing his election as such member and afterwards becomes a candidate.

257. (1) No electoral expenses shall be incurred by a Limit on candidate's candidate except in respect of the matters mentioned in Part I. expenditure of the Sixteenth Schedule, and no electoral expenses by a candidate No. 6006 s. 257: shall be in excess of the maximum amount in that behalf specified No. 6016 s.6(6) (c). in Part II. of the said Schedule. Sixteenth Schedule. (2) Every candidate who acts in contravention of this section Penalty. shall be guilty of an illegal practice.

258. Every payment made by an candidate, in respect of any paymemsio electoral expense shall, except where less than Two pounds, be ^vouched vouched for by a bill stating the particulars and by a receipt. N0.6006 No. 6016 s.6(e).

259. (1) Within eight weeks after the day on which the Candidates to submit an declaration of the poll at any election takes place, each candidate at account of election such election shall transmit to the chief electoral officer a true expenses. return in the form of the Seventeenth Schedule, or to the like effect, No. 6006 s. 260(1) containing as respects the candidate— (2). Seventeenth (a) a statement of all electoral expenses, together with all Schedule. bills and receipts respecting the same; and (b) a statement of all disputed and unpaid claims of which the candidate is aware.

(2) The return so transmitted to the chief electoral officer shall Accouils to be be accompanied by a statutory declaration in the form of the verified. Eighteenth Schedule or to the like effect; and every candidate who Eighteenth fails to comply with the provisions of this section shall be guilty of Schedule. an illegal practice.

260. Where the return and declaration have not been Excuse for non­ transmitted by a candidate, or being transmitted, contain some compliance. error or false statement, then il the candidate applies to the No. 6006 Supreme Court or a judge thereof and shows that the failure to s. 260(3). transmit such return and declaration or either of them or any part thereof, or any error or false statement therein, has arisen by reason of his illness or any reasonable cause and not by reason of any want of good faith on his part, then such court or judge may make such order permitting such accounts to be transmitted or to be corrected as to the court or judge seems just, and may acquit such candidate of an illegal practice. .396 1958. The Constitution Act Amendment. No. 6221

Return open to 261. The return and declaration (including the accompanying inspection. No. 6006 documents) sent to the chief electoral officer shall, at all reasonable s. 261. times during three months next after they are received, be open for inspection by any person on payment of a fee of Two shillings.

Certain false 262. (1) Every person who or the directors of any body or statements concerning a association corporate which before or during any parliamentary candidate to be an illegal election and for the purpose of affecting the return of any candidate practice. at such election makes or publishes any false and defamatory No. 6006 s.263 (1) statement of fact in relation to the personal character or conduct (2). of such candidate or any false statement of fact intended or likely to mislead or improperly interfere with any elector in or in relation to the casting of his vote shall be guilty of an illegal practice.

Evidence on (2) No person shall be deemed to be guilty of such illegal hearing of charge. practice if he can show that he had reasonable grounds for believing and did believe the statement made by him to be true.

Injunction 263. Any person who makes or publishes any false statement against person making false of fact as aforesaid may be restrained by interim or perpetual statement. No. 6006 injunction by a judge of the Supreme Court from any repetition s. 263 (3). of any such false statement or any false statement of a similar character, and for the purpose of granting an interim injunction prima facie proof of the falsity of the statement shall be sufficient.

Penalties on 264. (1) Every person guilty of an illegal practice in conviction for illegal reference to any election shall on conviction in a court of petty practice. sessions constituted by a stipendiary magistrate alone be liable to a No. 6006 s. 264(1) penalty of not more than Fifty pounds. (2). Who may (2) The chief electoral officer or any candidate at any election prosecute. or any inspector of police may prosecute or take proceedings against any person for an illegal practice under this Division. The court of petty sessions may make such order as to the costs of such proceedings as may be just.

Limitation of 265. Any prosecution or proceedings against a person in respect time lor prosecution. of an illegal practice under this Division shall be commenced No. 6006 within three months after the offence has been committed. s. 264(3).

Exemption of 266. Any payments by way of damage for breach of contract or breach of shall be exempted from the limitation of expenses imposed by this c°Dt™«- Division. No. 6006 s. 265. 1958. The Constitution Act Amendment. No. 6224 397

DIVISION 20. PUBLICATION OF ELECTORAL MATTER. 267. (1) (A) Where any article or paragraph containing any Electoral electoral matter is printed or published in any newspaper, then, newspaper to unless such article or paragraph is preceded by the word wofde"eAdver- e " Advertisement" printed as a headline in letters not smaller than "jfe7e ?,iSer- ten point or long primer, the printer publisher and proprietor of 'Jon»paid such newspaper shall be severally liable to a penalty of not more N0.6006 than Fifty pounds. s-267, ' (b) Tn this sub-section " electoral matter " means any matter intended or likely to affect the result of any election for the Council or the Assembly or any report of the speech of a candidate for election to the Council or the Assembly where the insertion of such matter or report is or is to be paid for or any reward or compensation or promise of reward or compensation is or is to be made for such insertion.

(2) (a) Where on or after the date of issue and before the Article&c.in return of the writ for any election for the Council or the Assembly commenting0" any article report letter or other matter commenting upon any o^uS6 t > show candidate or political party is printed or published in any ntm^ o f newspaper circular pamphlet " dodger " or other printed matter author- and the true full name and place of residence of the author of such article report letter or other matter is not printed at the foot diereof, the printer publisher and proprietor of such newspaper circular pamphlet " dodger" or other printed matter shall be severally liable to a penalty of not more than Fifty pounds.

(b) This sub-section shall not apply to the publication in a newspaper of— (i) a leading article or other article purporting to express the political policy or views of the newspaper or of the proprietor thereof; or (ii) an article which consists solely of a report of a meeting and does not contain any comment (other than comment made by a speaker at the meeting) upon any candidate or political party.

(3) (a) Where on or after the date of issue and before the Broadcasts of certain return of the writ for any election for the Council or the Assembly political speeches any speech or discussion commenting upon any candidate or or electoral political party or any electoral matter is broadcast by any matter to be preceded and broadcasting station, then, unless an announcement of the true followed by announcement name and place of residence of the person by whom the speech of nime &c. of person making discussion or electoral matter is made or authorized is broadcast or authorizing both immediately before and immediately after the broadcasting same. of such speech discussion or electoral matter, the proprietor of such station and the manager or other person controlling the broadcasts by such station shall be severally liable to a penalty of not more than Fifty pounds. 398 1958. The Constitution Act Amendment. No. 6224 (b) This sub-section shall not apply to the broadcast of a report of a meeting which does not contain any comment (other than comment made at the meeting by a speaker whose name is specified in the broadcast) upon any candidate or political party.

DIVISION 21. COMPULSORY VOTING AT ELECTIONS. Interpretation. 268. In this Division unless inconsistent with the context or am106 subject-matter—

' Election.' Election" means election for the Council or for the Assembly. ' Elector.' Elector " means any person whose name appears on an electoral roll as an elector for the Council or for the Assembly. Compulsory 269. Every elector shall record his vote at every election for voting. No. 6006 which he is entitled to vote: s. 269. Provided that nothing in this Division shall affect the operation of section one hundred and seventy-seven or section one hundred and seventy-eight of this Act.

Returning 270. Notwithstanding anything to the contrary in this Act the officer to send marked roll to returning officer or the substitute returning officer at the close of Chief Electoral the poll at every election shall— Officer. No. 6006 (a) from every roll used at the election and from the s. 270: No. 6016 envelopes of all postal ballot-papers dealt with in s.4(8) (g). relation to the election pursuant to section two hundred and thirty of this Act indicate by a distinguishing mark on a fair copy of the roll for the electoral province or district used at the election (which copy is hereinafter referred to as the " marked roll") the names of the electors who have not recorded their votes at the election for which he is the returning officer or the substitute returning officer (as the case may be); (b) certify the marked roll by statutory declaration under his hand; and (c) forthwith forward such marked roll to the Chief Electoral Officer.

Notice to 271. Within three months after the close of the poll at every electors who have not election the Chief Electoral Officer— voted. No. 6006 (a) shall send by post to each elector whose name 8.271. indicated as aforesaid appears on any such marked roll, at the address therein mentioned, a notice in the prescribed form notifying him that he has failed 1958. , The Constitution Act Amendment. No. 6224 399 to record his vote at the election and requiring him to state the true reason why he failed so to vote; and (b) before sending such notice, shall insert therein— (i) the full name of the elector as appearing on the roll and his address as therein mentioned and the name of the electoral province or district and of the subdivision in which he was entitled to vote and his number on the roll; and (ii) a date (not being less than twenty-one days after the date of the posting of the notice) before or on which the form at the foot of the notice duly filled up and signed by the elector is to be in the hands of the Chief Electoral Officer.

272. (1) Every elector to whom such a notice has been sent Replies by , ,« electors. Snail No gopg (a) fill up the form at the foot of the notice by stating s"m in it the true reason why he failed so to record his vote; (b) sign the form; and (c) post or deliver the same so as to reach the Chief Electoral Officer not later than the date inserted in the notice.

(2) If any elector is unable by reason of absence from his RCpH«on residence or physical incapacity to fill up sign and post or deliver 55^ the form within the time allowed pursuant to this Division— (a) any other elector who has personal knowledge of the facts may subject to the regulations fill up sign and post or deliver within that time the form duly witnessed as prescribed; and (b) such filling up signing and delivery or posting of the form may be treated as compliance by the first-mentioned elector with the provisions of this section.

(3) Upon receipt within the time allowed pursuant to this Procedure oa Division of any such form properly filled up and signed and "piles from witnessed (if so required^ the Chief Electoral Officer shall— electors &=. (a) make on the marked roll opposite the name of the elector to whom the form refers, a note to that effect; and 400 1958. The Constitution Act Amendment. No. 6224 (b) indicate in writing on the marked roll opposite the name of the elector his opinion whether or not the reason contained in the form is a valid and sufficient reason for the failure of the elector to record his vote at the election.

Procedure if (4) If in the case of any elector to whom a notice as aforesaid received, has been sent such a form is not received by the Chief Electoral Officer within the time allowed pursuant to this Division, the Chief Electoral Officer shall make on the marked roll opposite the name of the elector a note to that effect. Marked roii or 273. The marked roll indicating— copy thereof ° herefrom to (a) me names of electors who did not vote at the election; No^eooT6 (*) tne names of electors from whom or on whose behalf «• 273. the Chief Electoral Officer received within the time allowed pursuant to this Division forms properly filled up and signed; (c) the names of electors from whom or on whose behalf the Chief Electoral Officer did not within that time receive forms properly filled up and signed; and (d) the opinions of the Chief Electoral Officer— or a copy of any such marked roll, or any extract therefrom certified by the Chief Electoral Officer under his hand, shall in all proceedings be prima facie evidence of the contents of such marked roll or extract and of the fact that the electors whose names appear therein marked as aforesaid did not vote at the election and that the notice specified in this Division was received by those electors and that those electors did or did not (as the case may be) comply with the requisitions contained in the notice within the time allowed pursuant to this Division. Penalties. 274. Every elector who— s-274. (a) fails to record his vote at any election without a valid and sufficient excuse for such failure (In this section the expression " valid and sufficient excuse " includes an honest belief on the part of an elector that abstention from voting is part of his religious duty); or (b) on receipt of the notice aforesaid, fails neglects or refuses to fill up and sign and post or deliver to the Chief Electoral Officer so as to reach him within the time allowed pursuant to this Division the form at the foot of the notice; or . (c) states in such form a false reason for not having recorded his vote or in the case of an elector filling up or purporting to fill up a form on behalf of 1958. The Constitution Act Amendment. No. 6224 401 any other elector pursuant to this Division states in such form a false reason why the other elector did not vote— shall for each such offence be liable to a penalty of not more than Two pounds; and notwithstanding anything in section three hundred and twelve of this Act proceedings for the enforcement of the penalty may be commenced within six months after the date of the election by the Chief Electoral Officer or by some person authorized in writing (whether generally or in any particular case) by the Chief Electoral Officer: Provided that— (a) any elector to whom a notice under this Division has been posted who desires the matter to be dealt with by the Chief Electoral Officer and is prepared to abide by the decision of the Chief Electoral Officer may notify the Chief Electoral Officer in accordance with the prescribed form; and (b) in any such case the Chief Electoral Officer may make an order requiring the elector to pay such sum as is prescribed not being more than Two pounds; and (c) if the said sum is not paid within fourteen days after the date of the order, the Chief Electoral Officer may forward to a clerk of a court of petty sessions a certificate under his hand in the prescribed form setting out the substance of the order and stating that the said sum has not been paid; and thereupon payment of the said sum shall be enforceable in the same manner as if the said sum— (i) were a fine adjudged by such court of petty sessions to be paid which the Act of Parliament under which such fine is imposed provides no means of enforcing and (ii) were ascertained by a conviction.

275. For the purposes of this Division the returning officer or opening the substitute returning officer (as the case may be) at any tuning"11 plprtinn rolls used at eiCOllUn elections. (a) with the assistance of such of the deputy returning ^s006 officers and poll clerks as he deems necessary shall in the presence of such deputy returning officers and poll clerks but of no other persons open and if necessary break the seal of any parcel containing the rolls used at the election and examine the same for the purpose of indicating on the marked roll aforesaid the names of the electors who have not voted at the election; and 402 1958. The Constitution Act Amendment. No. 6224 Parcels to be (b) at the conclusion of the said examination and packeu alfa marking shall replace such rolls in the parcels from sealed &c. which they were taken and re-seal the same and then comply with the provisions of section two hundred and twelve of this Act. Power to make 276. (1) The Governor in Council may make regulations for EST « with repect to- s'276- (a) prescribing any forms for use under this Division and any forms so prescribed or any forms to the like effect shall be sufficient in law; (b) any matters authorized or required by or under this Division to be prescribed; and (c) generally, any matters necessary or convenient to be prescribed for carrying into effect any of the provisions of this Division. Penalty. (2) Any such regulations may provide a penalty of not more than Two pounds for any breach thereof. (3) The provisions of section three hundred and eleven of this Act shall extend and apply to the making of regulations under this section and to such regulations when made.

DIVISION 22. COURT OF DISPUTED RETURNS ON ASSEMBLY ELECTIONS. Subdivision (1).— Disputed Elections and Returns. interpretation. 277. In this Division unless inconsistent with the context or

NO.7«)06 subject-matter—

practice.• nie?ai" " Illegal practice " means any misdemeanour offence or illegal practice punishable under Divisions seventeen eighteen or nineteen of this Part.

Application of 278. The provisions of this Division shall apply only to

Nothi.s 600Pan6. elections for the Assembly. s. 278.

Method of 279. The validity of any election or return may be disputed election.:8 by petition addressed to the Court of Disputed Returns and not No.6006 otherwise. s. 279. The court of 280. (1) The Supreme Court shall be the Court of Disputed Returns. Returns and shall have jurisdiction to try the petition. No.6006 s'280- (2) The jurisdiction of the Supreme Court sitting as a Court of Disputed returns may be exercised by a single Judge. 1958. The Constitution Act Amendment. No. 6224 403

281. Every petition disputing an election or return (in this Requisites of Division called " the petition ") shall— J^^ (a) set out the facts relied on to invalidate the election sM1- or return; (b) contain a prayer asking for the relief the petitioner claims to be entitled to; (c) be signed by a candidate at the election in dispute or by a person who was qualified to vote thereat; (d) be attested by two witnesses whose occupations and addresses are stated; (e) be filed with the Prothonotary of the Supreme Court within forty days after the return of the writ, or (if the facts relied on in support of the petition are breaches by a candidate of any of the provisions of Division nineteen of this Part) within forty days after the transmission to the Chief Electoral Officer by the candidate of the return and declaration of his electoral expenses.

282. At the time of filing the petition the petitioner shall Deposit as deposit with the Prothonotary the sum of Fifty pounds as security ccX1 for COStS. ^2'82°°6

283. No proceedings shall be had on the petition unless the Noproceed- requirements of the preceding sections of this Division are requisites8 complied with. complied with. No. 6006 s. 283. 284. The Chief Electoral Officer shall be entitled by leave Right of chief of the Court of Disputed Returns to enter an appearance in any officeTto be proceedings in which the validity of any election or return is rePrese>«ed- disputed and to be represented and heard thereon and in such ^'sS006 case shall be deemed to be a party respondent to the petition.

285. (1) The Court of Disputed Returns shall sit as an open Powers oi Court and its powers shall include the following:— NoU6oo6 (a) To adjourn; N°:28S- (b) To compel the attendance of witnesses and the production of documents; (c) To grant to any party to a petition leave to inspect in the presence of a prescribed officer the rolls and other documents used at or in connexion with any election and to take, in the presence of the prescribed officer, extracts from those rolls and documents; (d) To examine witnesses on oath; (e) To declare that any person who was returned as elected was not duly elected; 404 1958. The Constitution Act Amendment. No. 6224 (/) To declare any candidate duly elected who was not returned as elected; (g) To declare any election absolutely void; (/j) To dismiss or uphold the petition in whole or in part; (/) To award costs; (/) To punish any contempt of its authority by fine or imprisonment. (2) The Court may exercise all or any of its powers under this section on such grounds as the Court in its discretion thinks just and sufficient. (3) Without limiting the powers conferred by this section, it is hereby declared that the power of the Court to declare that any person who was returned as elected was not duly elected or to declare an election absolutely void may, subject to this Division, be exercised on the ground that illegal practices were committed in connexion with the election.

Inquiries by The Court shall inquire whether or not the petition is Court. duly signed, and, so far as rolls and voting are concerned may No. 6006 s. 286. inquire into the identity of persons, and whether their votes were improperly admitted or rejected, assuming the roll to be correct, but the Court shall not inquire into the correctness of any roll.

Voiding (1) If the Court of Disputed Returns finds that a election for certain illegal candidate has committed at any election any offence against any practices. of the provisions of sections two hundred and forty-one to two No. 6006 s. 287. hundred and forty-six of this Act his election, if he is a successful candidate, shall be declared void. (2) No finding by the Court of Disputed Returns shall bar or prejudice any prosecution for any illegal practice. (3) The Court of Disputed Returns shall not declare that any person returned as elected was not duly elected, or declare any election void— (a) on the ground of any illegal practice committed by any person other than the candidate and without his knowledge or authority; or (b) on the ground of any illegal practice other than those specified in sub-section (1) hereof— unless the Court is satisfied that the result of the election was likely to be affected, and that it is just that the candidate should be declared not to be duly elected or that the election should be declared void.

Court to When the Court of Disputed Returns finds that any report cases of illegal person has committed an illegal practice the Prothonotary shall practices. forthwith report the finding to the Minister. No. 6006 s. 288. 1958. The Constitution Act Amendment. No. 6224 405

289. The Court shall be guided by the substantial merits and Jteaijusuceto good conscience of each case without regard to legal forms or ^.me," solemnities, or whether the evidence before it is in accordance with s-289- the law of evidence or not.

290. (1) No election shall be avoided on account of any immaterial delay in the public announcement of nominations, the taking or vitiatenotto declaration of the poll, or the return of the writ, or on account election. No. 6006 of the absence or error of or omission by any officer which did s. 290. not affect the result of the election: Provided that where any elector was, on account of the absence or error of or omission by any officer, prevented from voting in any election, the Court shall not, for the purpose of determining whether the absence or error of or omission by the officer did or did not affect the result of the election, admit any evidence of the way in which the elector intended to vote in the election. (2) The provisions of the last preceding sub-section of this section shall be read and construed as in aid of and not in derogation from the provisions of section two hundred of this Act.

291. On the trial of any petition the Court shall not admit Evidence that the evidence of any witness that he was not permitted to vote p^muted'to 0te in any election during the hours of polling on polling day unless !j '6 the witness satisfies the Court— s.2'91. (a) that he claimed to vote, in the election, pursuant to that provision of this Act under which he was entitled or might be permitted to vote; and (b) that he complied with the requirements of this Act and the regulations made thereunder relative to voting by electors in so far as he was permitted so to do.

292. All decisions of the Court shall be final and conclusive Decisions to and without appeal, and shall not be questioned in any way. N6"™* s. 292. 293. The prothonotary shall forthwith after the filing of the Copies of petition forward to the Clerk of the Legislative Assembly a copy order°ofacourt e t0 of the petition, and after the trial of the petition shall forthwith ASse mbiy. forward to such Clerk a copy of the order of the Court. N0. 6006 rJ s. 293.

294. (1) No party to the petition shall, except by consent Counsel or lc o r of all parties, or by leave of the Court, be represented by counsel ^ ^ 0 6 or solicitor. s.2'94. (2) In no case shall more than one counsel or one solicitor appear on behalf of any party. 406 1958. The Constitution Act Amendment. No. 6224

Costs. 295. The Court may award costs against an unsuccessful No. 6006 s. 295. party to the petition and may in its discretion recommend that costs be paid by the Crown.

Deposits 296. If costs are awarded to any party against the petitioner, applicable for costs. the deposit shall be applicable in payment of the sum ordered, No. 6006 but otherwise the deposit shall be repaid to the petitioner. s. 296.

Other costs. 297. All other costs awarded by the Court, including any No. 6006 balance above the deposit payable by the petitioner, shall be s. 297. recoverable as if the order of the Court were a judgment of the Supreme Court, and such order may be entered as a judgment of the Supreme Court and enforced accordingly.

Effect of decision. 298. Effect shall be given to any decision of the Court as No. 6006 follows:— s. 298. (a) If any person returned is declared not to have been duly elected, he shall cease to be a member of the Assembly; (b) If any person not returned is declared to have been duly elected, he may take his seat accordingly; (c) If any election is declared absolutely void, a new election shall be held.

Powei lo make 299. The Judges of the Supreme Court or a majority of them Rules of Court. may make rules of court not inconsistent with this Act for carrying No. 6006 this Division into effect and in particular for regulating the practice s. 299. and procedure of the Court the forms to be used and the fees to be paid by parties; and the provisions of section twenty-seven of the Supreme Court Act 1958 shall extend and apply to such rules when made.

Subdivision (2).—Qualifications and Vacancies. Reference of 300. Any question respecting the qualification of a member quaiifi°attonto of or respecting a vacancy in the Assembly may be referred by or vacancy. resolution of the Assembly to the Court of Disputed Returns No. 6006 s 300. and the Court of Disputed Returns shall thereupon have jurisdiction to hear and determine the question.

Speaker to 301. When any question is referred to the Court of Disputed state case. No. 6006 Returns under this Division the Speaker shall transmit to the *. 301. Court of Disputed Returns a statement of the question upon which the determination of the court is desired, together with any proceedings papers reports or documents relating to the question in the possession of the Assembly. 1958. The Constitution Act Amendment. No. 6224 407

302. The Court of Disputed Returns may allow any person Parties to the who in the opinion of the Court is interested in the determination reference. of any question referred to it under this Division to be heard s.3'02.No. 600" 6 on the hearing of the reference, or may direct notice of the reference to be served on any person, and any person so allowed to be heard or so directed to be served shall be deemed to be a party to the reference.

303. On the hearing of any reference under this Division the Powers 0t Court of Disputed Returns shall sit as an open court and shall have ^.m^ the powers conferred by section two hundred and eighty-five of s-303- this Act so far as they are applicable and in addition thereto shall have power— (a) to declare that any person was not qualified to be a member of the Assembly; (b) to declare that any person was not capable of being elected or of sitting as a member of the Assembly; and (c) to declare that there is a vacancy in the Assembly.

304. After the hearing and determination of any reference order to i» under this Division the prothonotary shall forthwith forward to Assembly. the Clerk of the Assembly a copy of the order or declaration of ^0.^006 the Court of Disputed Returns.

305. The provisions of sections two hundred and eighty-nine, Application two hundred and ninety-two, two hundred and ninety-four, two sections. hundred and ninety-five and two hundred and ninety-seven to ^f06 two hundred and ninety-nine of this Act shall apply so far as applicable and with such adaptations as are necessary to proceedings on a reference to the Court of Disputed Returns under this subdivision.

DIVISION 23. MISCELLANEOUS. 306. A certificate purporting to be signed by the returning certificate of officer at an election that the election mentioned in the certificate officer u? be was duly held and that the person named in the certificate was a SCidTnce?" N 6 candidate at such election shall be prima facie evidence of the °0§°° facts therein stated.

307. Subject to regulations in that behalf made by the Free use by Governor in Council any candidate at an election may, for the state school purpose of public meetings of electors convened or held for election e electoral purposes during the period of an election, use free of ™o ^* charge, other than the cost of lighting, and of cleaning after use, s.3'07. and of repairing any damage done, any suitable room in any state school building, after the ordinary school hours. 408 1958. The Constitution Act Amendment. No. 6224

Provisions as 308. (1) So far as relates to the Council whenever any and hulidayi:. matter or thing is directed by or under this Part or by any writ NO.O«K)6 issued in pursuance thereof to be performed on a certain day and that day happens to be Sunday or a day specially named in the Public Service Act 1958 or in any Act to be observed as a holiday in the public offices, such matter or thing shall be performed on the day next afterwards not being Sunday or one of the days specially named to be observed as aforesaid; and all further changes of time rendered necessary by any such alteration may also lawfully be made. (2) So far as relates to the Assembly whenever any day provided or appointed by or under this Part for any purpose happens in any year on a Sunday Good Friday or Christmas Day, then such provision and appointment shall take effect as for the day following; and all further changes of time rendered necessary by any such alteration may also lawfully be made.

Provision for 309. Except as provided in this section any person who is in toev^Jtes.unable effect required by or under this Part to sign his name and who is Na«x>6 unable to write may make his distinguishing mark which shall save as otherwise expressly provided be attested by some other person: Provided that where any person is required to sign as a witness or as an official or where any person is required to sign in his own handwriting he shall not sign by means of a distinguishing mark.

False 310. Every person who knowingly makes a false statement in statements or declarations. any claim application or declaration under this Part shall save No. 6006 as otherwise expressly provided in this Part be liable to a penalty s. 310. of not more than Twenty pounds or to imprisonment with or without hard labour for a term of not more than three months.

(a) Regulations 311. (1) The Governor in Council may make regulations under this Part. not inconsistent with this Act— No. 6006 8.311. (a) prescribing any forms required to be prescribed under this Part; (b) for giving effect to any matters by this Part required to be prescribed other than matters which the Minister is authorized to prescribe; and (c) generally for the purpose of carrying the provisions of this Part into effect.

Publication. (2) All such regulations shall be published in the Government Gazette and when so published shall have the force of law and shall be judicially noticed and shall be laid before both Houses (a) See also sections 187 (9) and 276 (3). 1958. The Constitution Act Amendment. No. 6224 409 of Parliament if Parliament is then sitting, and if Parliament is not then sitting then within ten days after the next meeting of Parliament.

(a) 312. Save where it is otherwise enacted no person shall be Limitation of e liable to any penalty forfeiture or punishment imposed by the ^ 'm6 provisions of this Part or of any of the enactments hereby repealed s. 312. and re-enacted in this Part unless the prosecution for the offence committed is commenced against such person within the space of three months next after such offence has been committed. 313. (1) If at the hearing of any information under section costs and one hundred and eighty-three, or one hundred and eighty-six, or Swantedlo10" one hundred and eighty-seven, or one hundred and eighty-nine, clnailfcas". or one hundred and ninety, or two hundred and one of this Act No^eow it appears to the court that such information is unfounded frivolous or vexatious, the court whether the information is dismissed or not, may order that the prosecutor shall pay to the defendant such costs together with such further sum by way of compensation as seems reasonable; and the same may be recovered in any court of petty sessions as a civil debt recoverable summarily. (2) One-half of the amount of all fines and penalties Appropriation recovered under any of the said sections shall go and be applied to ° pena ues' the use and benefit of the informant. (3) No proceeding under any of the said sections shall be NO certiorari removed by certiorari into the Supreme Court. cases/"1

314. All moneys received by any officer under the provisions of Appropriation this Part shall be deemed to be received on account of and be paid of moneys"". to the Consolidated Revenue. s.yu.No. 600" 6

315. The Governor may by warrant under his hand authorize Payment of and direct that all such moneys as are from time to time required expenses. for paying any expenses lawfully incurred or to be incurred under s'3'15No. 600. 6 and in the execution of the provisions of this Part be paid out of the Consolidated Revenue, and the same shall be so paid accordingly.

PART VI.—COMMITTEES. DIVISION 1.—COMMITTEE OF ELECTIONS AND QUALIFICATIONS FOR THE COUNCIL. 316. (1) In the first session of each new Council within seven Election days after the election of a President, and in every other session of be^p'ointea? the Council as soon as conveniently may be after the NO. 6006 commencement of the session, the President shall by warrant under s'316 his hand appoint seven members, who are willing to serve and (a) See section 274. 410 1958. The Constitution Act Amendment. No. 6224

against whose return no petition is then pending and none of whom is a petitioner complaining of any election or return, to be members of a committee to be called " The Committee of Elections and Qualifications." (2) Every such warrant shall be laid on the table of the Council; and if not disapproved of by the Council in the course of the three next following days on which the Council meets for the despatch of business shall take effect as an appointment of such committee. (3) Every member who becomes a petitioner complaining of an undue election or return or respecting whose return qualification or disqualification an inquiry is pending shall for the time be disqualified from serving on any such committee; and the President shall name another member in his stead.

Disapproval 317. (1) If the Council disapproves of any such warrant the by Council of member President shall on or before the third day on which the Council appointed. meets after such disapproval lay upon the table of the Council a No. 6006 s. 317. new warrant for the appointment of seven members qualified as aforesaid, and so from time to time until seven members have been appointed by a warrant not disapproved of by the Council. (2) The disapproval of any warrant may be either general in respect of the constitution of the whole committee or special in respect of any particular member named in the warrant. (3) The President may if he thinks fit name in the second or any subsequent warrant any of the members named in any former warrant whose appointment has not been specially disapproved of by the Council.

Persons appointed (1) After the appointment of the committee of elections members of and qualifications every member appointed shall continue to be a election committee to member of the committee until the end of that session or until he continue members of it resigns his appointment, which he may do by letter addressed to the until end of session or President before the committee has met but not afterwards unless resignation. in the event of serious or continued illness. No. 6006 s.318. (2) No such resignation shall take effect until three days after the receipt thereof nor until the appointment of another member in the place of the one so resigning or until the committee reports that he is disabled by illness from attending the committee or until the committee is dissolved.

Dissolution of election 319. (1) If any committee of elections and qualifications at committee. any time reports that by reason of the continued absence of more No. 6006 s. 319. than two of its members or by reason or irreconcilable difference of opinion it is unable to proceed satisfactorily in the discharge of its duties, or if the Council resolves that any such committee be dissolved, the same shall be forthwith dissolved. 1958. The Constitution Act Amendment. No. 6224 411

(2) Every re-appointment of any such committee after the dissolution thereof and every appointment to supply a vacancy in the committee by resignation or otherwise shall be made by the President by warrant under his hand laid upon the table of the Council, on or before the third day on which the Council meets after the dissolution of the committee or notification of the vacancy made to the President. (3) Such warrant shall be subject to the disapproval of the Council in like manner as in the case of the appointment of the first committee. (4) Upon any re-appointment of any such committee the President may if he thinks fit re-appoint any of the members of the former committee who are then willing and not disqualified to serve on it. (5) Every such new committee or new members shall have power if thought fit to take up and continue the business pending at the time of the dissolution or vacancy in the same manner as might have been done by the committee as previously constituted and composed.

320. (1) The President shall appoint the time and place of Time and the first meeting of the committee, and the committee shall meet at meeting to be the time and place so appointed. NTeoof s.3'20. (2) No member shall act upon any such committee until he oath. has taken or made an oath or affirmation according to the form of the Nineteenth Schedule, to be administered or made at the table Nineteenth of the Council by or before the clerk thereof. <»> Sehedule- (3) The committee shall not be competent to transact any Quorum, business unless at the least four members thereof are present.

321. (1) Every such committee shall have power to adjourn Powers of committee. its sittings from time to time as it thinks proper; and shall if so No. 6006 authorized by the Council have power, unless any member of the s. 321. committee objects, to meet on any day to which such committee may from time to time adjourn any of its sittings whether the day to which such sittings is adjourned is or is not a day on which the Council sits. (2) (a) The interval of adjournment shall not in any instance Adjournment exceed five days unless the Council is adjourned or about to adjourn for a longer period than five days, in which event the interval of adjournment of such committee may if so appointed by the committee extend over such adjournment of the Council in addition to the said five days; or unless by leave first obtained from the Council.

(«) See Evidence Act 1958, section 100. 412 1958. The Constitution Act Amendment. No. 6224

(b) In case of the adjournment of the Council to a day subsequent to the day fixed for the adjournment of the committee after such last-mentioned day has been so fixed, then the next meeting of the committee shall be held on the day to which the Council has been adjourned. (3) In case four members have not met together within half an hour of the time appointed for an original or adjourned meeting, the members or member present may adjourn within the limits and subject to the restrictions aforesaid. chairman. (4) (a) Every such committee shall elect its own chairman and shall have power to regulate the form and manner of its own proceedings. proceedings. (b) Such proceedings shall be conducted openly, except when the committee thinks it necessary to deliberate among themselves after hearing evidence and argument if offered. Question. (c) All questions before the committee shall be decided by a majority of votes; and whenever the votes are equal the chairman shall have a casting vote; and no member of the committee shall be allowed to refrain from voting on any question on which the committee is divided. Minutes. (d) The committee shall be attended by one of the clerks of the House who shall make a minute of all proceedings of the committee in such form and manner as the committee directs, and a copy of the minutes shall be laid from time to time or at the termination of any inquiry before the Council.

Jurisdiction of 322. (1) Every such committee shall have power to inquire committee No. 6006 into and determine upon— •.322 (a) all election petitions, and questions which may be referred to it respecting the validity of any election or return of a member or members to serve in the Council, whether the disputes relating to such elections or returns arise out of— (i) an error in the returns of the returning officer; or (ii) the allegation of illegal practice bribery or corruption against any person concerned in any election; or (iii) any other allegation calculated to affect the validity of such election or return; and (b) all questions concerning the qualification or disqualification of any person who has been returned as a member of the Council. (2) On the trial of any such question the committee shall be guided by the real justice of the case without regard to legal forms and solemnities and shall direct itself by the best evidence it can 1958. The Constitution Act Amendment. No. 6224 413 procure or that is laid before it, whether the same is such evidence as the law would require or admit in other cases or not, and such committee may receive or reject as it deems fit any evidence tendered to it.

323. (1) Every such committee shall have power— citctton0' (a) to direct the attendance of witnesses and to examine e°™rJJineee to them upon oath, which oath the chairman of the witnesses and . r ... . compel committee may administer; and production oi J books and (b) to send for and examine papers records and other PaPers- documentary evidence relating to or affecting the T323?06 matter under investigation not being private papers. (2) Any such committee, if in its discretion it sees fit, may receive declarations relative to any of the matters referred to it taken before any justice in the presence of agents representing the opposing parties interested in such petition, which declarations justices are hereby authorized to take. (3) Every person summoned by any such committee who— (a) disobeys such summons; or {b) refuses or neglects to produce any papers records or other documentary evidence relating to or affecting the matter under investigation, which have been sent for by any such committee; or (c) refuses to submit himself to examination; or {d) gives false evidence; or (e) prevaricates; or (/) otherwise misbehaves in giving or refusing to give evidence— shall be deemed guilty of contempt and be liable accordingly. (4) Every person knowingly giving false evidence before any such committee or a quorum thereof or in any such declaration as aforesaid shall be liable to the penalties of perjury.

324. (1) No such committee shall have power to inquire into Questions to the correctness of any roll, but simply into the identity of the by e"etct?oAne

Report of election 325. (1) Every such committee shall determine finally on all committee. questions referred to it. No. 6006 s. 325. (2) If any such committee determines and reports to the Council that a person was not duly elected who was returned as elected by the returning officer, any person so declared not to be duly elected shall cease to be a member of the Council. (3) If any such committee determines and reports any person to have been duly elected who was not returned by the returning officer, the person so declared to be duly elected shall be sworn a member of the Council and shall take his seat accordingly. (4) If any such committee declares any election to be wholly void or declares any sitting member to be unqualified or disqualified, or guilty of an illegal practice, the President shall issue a new writ for the holding of another election, and the person thereafter elected and duly returned shall (subject to the provisions of this Part as to undue elections and returns and as to the powers of such committee) be the member for the province for which such writ has been issued. (5) If any such committee comes to any resolution other than the determination above mentioned, such committee shall report the same to the Council for its opinion and decision, at the same time informing the Council of such resolution; and the Council may confirm or rescind any such resolution and make such order thereon as to the said House seems proper.

Petitions against return 326. (1) All petitions complaining of an undue election or &c. return of a member to serve in the Council, or complaining that no No. 6006 326. return has been made according to the exigency of the writ issued for the election of a member to serve in the Council, or complaining of any special matter contained in any such return or complaining of any illegal practice— (a) shall be subscribed by some person who voted or claimed to have a right to vote at the election to which the same relates, or by some person or persons claiming to have had a right to be returned or elected thereat, or alleging himself to have been a candidate at the election; and (b) shall be addressed and presented to the President within thirty days after the next meeting of the Council or within forty days after the return of the writ to which any such petition relates. 1958. The Constitution Act Amendment. No. 6224 415 (2) In case the Council is prorogued before the expiring of such period of forty days, then any such petition may be presented to the Council within such time after the next meeting thereof as together with the time expired before the prorogation makes up such period of forty days. (3) Every such petition— (a) shall forthwith be notified in the Government Gazette; (b) shall as soon as conveniently may be after such presentation be laid by the President before the Council; and (c) shall by the Council be referred to the committee of elections and qualifications either forthwith or as soon as the committee has been duly appointed and confirmed.

327. (1) The Council Petitions to be , x • • . •• • i- • t . • • referred to («) upon any petition subscribed as aforesaid complaining gJ^JSSeo of the insufficiency of the qualification of any nZ

Election not 328. (1) Subject to the provisions contained in the next to be void lor want of succeeding sub-section no election shall be held void in consequence qualification of any of any one or more candidates returned as duly elected being by returned candidate. such committee declared to have been unqualified at the time of No. 6006 the election although no notice of such want of qualification has s. 328. been given to the electors at such time; and in the case of— (a) a general election for the Council where the number of candidates remaining after the declaration of any candidate or candidates as unqualified does not exceed the number of candidates required to fill the vacancy or vacancies resulting from such declaration; and (b) an election for the Council where there are only two candidates for an electoral province and one is to be elected— the remaining candidate or candidates (as the case may be) shall be declared to be duly elected. (2) If the number of persons declared duly elected under the last preceding sub-section is less than the number required or if there is no person declared duly elected such committee shall report the fact to the President who shall issue a new writ for the election of one or two members (as the case requires): Provided that, notwithstanding anything contained in this Act, where one candidate only is required to be elected in pursuance of any such new writ such election shall be conducted in accordance with the provisions of Division thirteen of Part V. of this Act and where two candidates are required to be elected in pursuance of any such new writ such election shall be conducted in accordance with the provisions of Division fourteen of Part V. of this Act.

(3) For all elections other than those specified in sub-section (1) of this section such committee shall recount the votes in accordance with the provisions of Division thirteen or (as the case requires) Division fourteen of Part V. of this Act and for the purposes of such recount the name or names of the unqualified candidate or candidates and the figures placed opposite such name or names shall be regarded as having been deleted from all the ballot-papers and in every such case every ballot-paper shall be given effect to as if the numbeis opposite the names of the remaining candidates were when necessary altered to the appropriate numbers indicated by the voter's order of preference in respect of such remaining candidates.

Sum to be 329. (1) Before presenting any petition as aforesaid to the lodged as security for President, the persons by whom the same is subscribed or someone costs. No. 6006 on their behalf shall pay into one of the banks carrying on business 3. 329. in Victoria a sum of One hundred pounds to the credit of the President of the Council in relation to the petition. 1958. The Constitution Act Amendment. No. 6224 417 (2) Such sum shall be payable towards the cost of the petition as hereinafter regulated and shall be liable to be withdrawn upon the order or orders of the President either for the purpose of such payment or for the purpose of restoring the same to the petitioner or petitioners wholly or in part as the case may require.

330. Any person who voted or had a right to vote at the ^^jf^dto election to which any petition relates may petition the Council to defend return be admitted as a party to defend the return, or to oppose the prayer oppose"0 of the petition, or to support the petition in case the same is J^"^ abandoned by the person by whom the same was presented; and «.°k such person shall thereupon be admitted as a party to defend such return or oppose the prayer of the petition or support the same (as the case may be).

331. (1) The petitioners may at any time after the Notieoot presentation of their petition withdraw the same, upon giving notice ^pro^ed* to the President and also to the sitting member or his agent and d"^w^ also to any party who has been admitted to defend the return that petition. it is not intended to proceed with the petition. J?MI?06 (2) In such case the petitioners shall be liable to the payment of such costs and expenses as have been incurred by the sitting member or other party complained of in such petition and also by any party admitted to oppose the prayer of such petition to be taxed as hereinafter provided.

332. (1) Whenever any such committee reports to the Council costs of that a petition so referred to them was frivolous or vexatious the ve'xatSuY* parties (if any) to be named by the committee who have appeared otfenwsor before the committee in opposition to the petition shall be entitled oppositions. to recover from any of the persons also to be named by the ^m106 committee who subscribed the petition the full costs and expenses which parties have incurred in opposing the same. (2) Whenever the committee reports to the Council that the opposition made to any such petition by any party to be named by it appearing before it was frivolous or vexatious, the persons who signed the petition shall be entitled to recover from the party with respect to whom such report is made the full costs and expenses which such petitioners have incurred in presenting the petition. (3) Where no party has appeared before the committee in opposition to the petition and the committee reports to the Council that the election or return or the omission or insufficiency of a return complained of in such petition was corrupt or vexatious, the persons who signed the petition shall be entitled to recover from the sitting members or member (if any) whose election or return is complained of (such members not having given notice as aforesaid

VOL. n.—14 418 1958. The Constitution Act Amendment. No. 6224 of their intention not to defend the same) or from any other persons admitted by the committee as aforesaid to oppose such petition the full costs and expenses which such petitioners have incurred in presenting the petition.

Costs of 333. (1) If any ground of objection is stated against any frivolous or vexatious individual elector and the committee is of opinion that such objections or allegations. objection was frivolous or vexatious, it shall report the same to the No. 6006 Council together with its opinion on the other matters relating to a. 333. the petition; and the opposite party (who shall be named by the committee) shall in that case be entitled to recover from the party on whose behalf any such objection was made (who shall also be named by the committee) the full costs and expenses incurred by reason of such frivolous or vexatious objection. (2) If any person makes before the committee any specific allegation with regard to the conduct of either party or his agents and either brings no evidence in support thereof or such evidence that the committee is of opinion that such allegation was made without any reasonable or probable ground, the committee may make such orders as to it seem fit for the payment by the person making such unfounded allegation to the other party of all costs and expenses incurred by reason of such unfounded allegation.

DIVISION 2.—HOUSE COMMITTEE. House 334. (1) There shall be a joint select committee of the Committee. Council and the Assembly to be called the House Committee. No. 6006 s. 334. (2) The said committee shall consist of the President and the Speaker and ten other members. (3) As soon as conveniently practicable after the commencement of every session of Parliament the members of the said committee (other than the President and the Speaker) shall be appointed according to the practice of Parliament with reference to the appointment of members to serve on joint select committees of the Council and the Assembly. (4) Five of such members shall be members of and be appointed by the Council, and five shall be members of and be appointed by the Assembly. (5) Three members of the said committee shall form a quorum; but no quorum of the said committee shall consist exclusively of members of the Council or of members of the Assembly. (6) The seat of any appointed member of the said committee shall be deemed to become vacant for any cause for which his seat as a member of the Council or of the Assembly (as the case mav be) would become vacant. 1958. The Constitution Act Amendment. No. 6224 419

(7) When any vacancy occurs in the appointed members of the said committee it shall be filled upon motion in the usual manner provided that the equal representation on the said committee of members of the Council and of the Assembly shall be observed in the filling of such vacancies. (8) The said committee may elect one of the members thereof to be chairman, and the chairman shall have a vote but not a casting vote.

335. (1) The said committee shall have the management of Powers and duties of the refreshment rooms and of the Parliament gardens and of the committee. No. 6006 maintenance renewal and extension of the Parliament buildings. s. 335. (2) The officers and persons employed in the refreshment rooms and in the Parliament gardens and on the engineering staff shall be under the control of the said committee.

336. The said committee shall hold office as such and may Tenure of committee. exercise all the powers conferred upon it by any Act or otherwise No. 6006 for the session during which it is appointed and thereafter until— s. 336, (a) the appointment of the House Committee in the next following session of Parliament; or (b) the expiry of the Assembly by effluxion of time; or (c) the dissolution of either House of Parliament— whichever of such events first happens. 337. The person who is for the time being secretary to the said Secretary to have powers committee shall as such secretary and with regard to any officers or and duties of " permanent persons who are under the control of the said committee be deemed head." to be and shall have and may exercise the powers and duties of a No. 6006 " permanent head " within the meaning of Part IX. of this Act. s. 337.

338. Save as otherwise expressly provided in the last two Application of n d n preceding sections the standing orders and the practice as to select ord e rs Jc committees shall extend and apply with respect to the said N0.6006 committee. s'm

DIVISION 3. COMMITTEE OF PUBLIC ACCOUNTS.

339. Every committee of public accounts appointed by the Tenure of committee of Assembly shall hold office as such committee and may exercise all public the powers conferred upon it by any Act or standing orders or accounts. No. 6006 otherwise for the session during which it is appointed and thence s. 33">. until— (a) the day before the commencement of a new session ot Parliament; or (b) the expiry of the Assembly by effluxion of time; or (c) the dissolution of the Assembly— whichever of such events first happens. 420 1958. The Constitution Act Amendment. No. 6224

Consideration 340. (1) Where any matter is inquired into or referred by the of evidence by subsequent Assembly to any such committee and such committee has lapsed or committee. No. 6006 ceased to have legal existence before such matter has been reported 8. 340. on by such committee, the evidence taken before such committee shall nevertheless be considered by any subsequent committee to which the same matter may be referred or by which without further reference any such matter is inquired into as if such evidence had been given before and for the information and guidance of such subsequent committee. Power to take (2) The committee of public accounts may hear receive and evidence on oatb. examine evidence on oath; or where a witness if examined before a court would be permitted to make a solemn affirmation or declaration or to give evidence in any other way than upon oath, then by such affirmation or declaration or otherwise (as the case may be).

Attendance 341. (1) Each member of every committee of public accounts and travelling expenses of shall be entitled to receive by way of reimbursement of his members of Committee. expenses— No. 6006 s. 341. (a) in relation to his attendance in the discharge of his duties as a member of such committee—an attendance fee at the rate of Two guineas for each attendance at a meeting of such committee at which a quorum is present; but no member of such committee shall be entitled to receive more than one attendance fee in respect of any one day notwithstanding that he may attend more than one meeting on that day; and (b) in relation to travelling whenever such travelling has been necessarily done in the discharge of his duties as a member of the committee— (i) such further allowance as is prescribed by regulation; and (ii) any charges for any conveyance paid by him when so travelling. Certification (2) The amount to which any member of the said committee &c. of amount and to be is entitled pursuant to this section shall be certified to by the charged on Consolidated chairman of the said committee and when approved by the Revenue. Treasurer of Victoria shall be payable out of the Consolidated Revenue (which is hereby to the necessary extent appropriated for the purpose accordingly) to such member from the commencement of this Act or from die date of his appointment (whichever is the later) as a member of the said committee until he ceases to be a member of the said committee. hayundert (3) Such reimbursement payable to any member of the said be'addiuonji committee shall be in addition to any payment received by such mentary salary member as a parliamentary salary or allowance. or allowance. 1958. The Constitution Act Amendment. No. 6224 421

(4) Notwithstanding anything in The Constitution Act or this Payments under tbis Act a member of the said committee shall not (by reason only of Division not to receiving any payment under this Division) be deemed and taken disqualify members of to have held or to hold or to have accepted or to accept an office or Parliament. place of profit under the Crown or to have been employed or to be employed in the public service within the meaning of Division two of Part II. of this Act so as to have rendered or to render him incapable of sitting or voting as a member of the Assembly or to have made or to make null and void his election to Parliament or be or be deemed to have been disqualified or incapable to be or continue a member of the Assembly or be liable to any penalty under this Act or any conesponding previous enactment. (5) The total amount payable for attendance fees of members Amount payable tn all of the said committee shall not exceed Two thousand pounds in members not to exceed respect of any one financial year. £2,000 per annum. (6) The Governor in Council may make regulations for or Regulations, with respect to prescribing travelling allowances for the purposes of this section. (7) All such regulations shall be published in the Government Publication. 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 Parliament.

DIVISION 4. JOINT LIBRARY COMMITTEE. 342. Every joint library committee of the Council and Tenure of join Assembly shall hold office as such joint committee and exercise all committee. the powers conferred upon it by any Act or otherwise, for the f^f06 session during which it is appointed, and thence until— (a) the appointment of the library committee in the next following session of Parliament; or (b) the expiry of the Assembly by effluxion of time; or (c) the dissolution of either House of Parliament— whichever of such events first happens.

DIVISION 5. JOINT STATUTE LAW REVISION COMMITTEE. 343. (1) There shall be a joint committee of the Council and Statute Law the Assembly to be called the Statute Law —Revisio - - n Committee- . Revision NoCommittee. 6006 . (2) The committee shall consist of twelve members. s. 343. (3) As soon as conveniently practicable after the commencement of every session of Parliament the members of the committee shall be appointed according to the practice of Parliament with reference to the appointment of members to serve on joint select committees of the Council and the Assembly. 422 1958. The Constitution Act Amendment. No. 6224 (4) Six of such members shall be members of and be appointed by the Council and six shall be members of and be appointed by the Assembly. (5) Five members of the committee shall form a quorum; but no quorum of the committee shall consist exclusively of members of the Council or of members of the Assembly. (6) The seat of any member of the committee shall be deemed to become vacant for any cause for which his seat as a member of the Council or of the Assembly (as the case may be) would become vacant. (7) When any vacancy (however arising) occurs in the membership of the committee it shall be filled upon motion in the usual manner: Provided that equal representation on the committee of members of the Council and of the Assembly shall be observed in the filling of the vacancy. (8) The committee may elect one of the members thereof to be chairman and the chairman shall have a vote but not a casting vote.

Functions of 344. The functions of the committee shall be— committee. No. 6006 (a) to examine anomalies in the statute law; s. 344. (b) to examine proposals for the consolidation of statutes; (c) to examine proposals in bills involving technical alterations in the existing law which have been referred by either House to the committee; (d) to make such reports and recommendations to the Council and the Assembly as it thinks proper as the results of any such examination.

Tenure and 345. (1) The committee shall hold office as such and may sittings of Committee. exercise all the powers conferred upon it by this Act or otherwise, No. 6006 for the session during which it is appointed, and thence until— •.345. (a) the day before the commencement of a new session of Parliament; or (b) the expiry of the Assembly by effluxion of time; or (c) the dissolution of either House of Parliament— whichever of such events first happens. (2) The committee may sit and transact business during any adjournment or recess in the period for which it holds office, but the committee shall not sit during the sittings of either House of Parliament except by leave of such House. (3) The committee may sit at such times and in such places in Victoria or elsewhere as seems most convenient for the proper and speedy despatch of business. 1958. The Constitution Act Amendment. No. 6224 423 346. (1) Each member of the committee shall, notwithstanding Attendance anything in this Act, be entitled to receive by way of reimbursement members of committee. of his expenses in relation to his attendance in the discharge of his No €006 duties as a member of the committee an attendance fee at the s.346. rate of Two guineas for every attendance at a meeting of the said committee at which a quorum is present; but no member of the committee shall be entitled to receive more than one attendance fee in respect of any one day. (2) The amount to which any member of the committee is entitled pursuant to this section for attendance fees shall be certified by the chairman of the committee and when approved by the Treasurer of Victoria shall be payable out of the Consolidated Revenue (which is hereby to the necessary extent appropriated for the purpose accordingly). (3) Such reimbursement payable to any member of the committee shall be in addition to any payment received by such member as a parliamentary salary or allowance. (4) The total amount payable for attendance fees of members of the committee shall not exceed Two thousand four hundred pounds in respect of any one financial year.

347. (1) In addition to the attendance fees payable under this AS to Division to members of the committee each member thereof shall exapveenMsBand be entitled to such further sum as is prescribed by regulations for ^"e^- the expenses incurred by him when travelling and also to any ^S'47?06 charges for any conveyance paid by him when so travelling whenever such expenses and charges have been necessarily incurred in the performance of his duties as a member of the committee. (2) The travelling expenses and charges payable to any member of the committee pursuant to this Division shall be in addition to any payment received by such member as a parliamentary salary or allowance. (3) The amount to which any member is entitled pursuant to this Division for travelling expenses and charges shall be certified to by the chairman of the committee and when approved by the Minister shall be payable out of the Consolidated Revenue (which is hereby to the necessary extent appropriated for that purpose accordingly).

348. Notwithstanding anything in this Act a member of the Payments committee shall not (by reason only of receiving any payment plvfdon'nottc under this Division) be deemed to hold or accept an office or place SJSSbS^ of profit under the Crown or to be employed in the public service No. g^g within the meaning of Division two of Part II. of this Act so as s-348- to render him incapable of sitting or voting as a member of the Council or of the Assembly or to disqualify him or to render him incapable of being or continuing a member of the Council or of the Assembly or to make him liable to any penalty under this Act. 424 1958. The Constitution Act Amendment. No. 6224

Application of standing 349. Save as otherwise expressly provided in this Division the orders and standing orders and the practice as to select committees and joint practice to committee. committees shall extend and apply with respect to the committee. No. 6006 s. 349. Regulations. 350. (1) The Governor in Council may make regulations for No. 6006 or with respect to prescribing any matters or things authorized or s. 3S0. required to be prescribed or necessary or expedient to be prescribed for giving effect to this Division.

Publication. (2) 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 Parliament.

DIVISION 6. SUBORDINATE LEGISLATION COMMITTEE. Interpretation. 351. In this Division unless inconsistent with the context No. 5991 s. 2. or subject-matter— " Regu­ " Regulations " means regulations or rules which purport lations." to be made under any Act of Parliament and which by such Act are required to be laid before both Houses of Parliament. L£gtaiatk>ne 352* (*) There shall be a joint committee of the Council and committee. the Assembly to be called the Subordinate Legislation Committee. No. 5991 s. 3. (2) The committee shall consist of six members. (3) As soon as conveniently practicable after the commencement of every session of Parliament the members of the committee shall be appointed according to the practice of Parliament with reference to the appointment of members to serve on joint select committees of the Council and the Assembly. (4) Three of such members shall be members of and be appointed by the Council and three shall be members of and be appointed by the Assembly. (5) Three members of the committee shall form a quorum; but no quorum of the committee shall consist exclusively of members of the Council or of members of the Assembly. (6) The seat of any member of the committee shall be deemed to become vacant for any cause for which his seat as a member of the Council or of the Assembly (as the case may be) would become vacant. (7) When any vacancy (however arising) occurs in the membership of the committee it shall be filled upon motion in the usual manner: 1958. The Constitution Act Amendment. No. 6224 425 Provided that equal representation on the committee of members of the Council and of the Assembly shall be observed in the filling of the vacancy. (8) The committee may elect one of the members thereof to be chairman and one of the members to be deputy chairman and to take the chair at any meeting at which the chairman is not present and the chairman of the meeting shall have a vote but not a casting vote.

353. The functions of the committee shall be to consider Functions oi whether the special attention of Parliament should be drawn to committee. any regulations on the ground that— No. 5991 8.4. (a) the regulations appear not to be within the regulation-making power conferred by, or not to be in accord with the general objects of, the Act pursuant to which they purport to be made; (b) the form or purport of the regulations calls for elucidation; (c) the regulations unduly trespass on rights previously established by law; (d) the regulations unduly make rights dependent upon administrative and not upon judical decisions; or (e) the regulations contain matter which in the opinion of the committee should properly be dealt with by an Act of Parliament and not by regulations— and to make such reports and recommendations to the Council and the Assembly as it thinks desirable as a result of any such consideration.

354. (1) The committee shall hold office as such, and may Tenure of exercise all the powers conferred upon it by this Division or S>mm^"ee", otherwise, for the session during which it is appointed and thence No. 5991 s. 5. until— (a) the day before the commencement of a new session of Parliament; or (b) the expiry of the Assembly by effluxion of time; or (c) the dissolution of either House of Parliament— whichever of such events first happens. (2) The committee may sit and transact business during any adjournment or recess in the period for which it holds office, but the committee shall not sit during the sittings of either House of Parliament except by leave of such House. (3) The committee may sit at such times and in such places as are convenient for the proper and speedy dispatch of business. .426 1958. The Constitution Act Amendment. No. 6224

Attendance 355. (1) Each member of the committee shall, notwithstanding fees and travelling anything in this Act, be entitled to receive an attendance fee at expenses of members of the rate of Two guineas for every attendance at a meeting of the committee. committee at which a quorum is present; but no member of the Vo. 5991 s. 6. committee shall be entitled to receive more than one attendance fee in respect of any one day. (2) In addition to the attendance fees so payable each member of- the committee shall be entitled to such further sum as is fixed for the time being by Order of the Governor in Council for the expenses incurred by him when travelling and also to any charges for any conveyance paid by him when so travelling whenever such expenses and charges have been necessarily incurred in the performance of his duties as a member of the committee. (3) The amount to which any member of the committee is entitled pursuant to this section for attendance fees travelling expenses and charges shall be certified by the chairman or deputy chairman of the committee and when approved by the Treasurer of Victoria shall be payable out of the Consolidated Revenue (which is hereby to the necessary extent appropriated for the purpose accordingly). (4) Any amount so payable to any member of the committee shall be in addition to any payment received by such member as salary and allowances in relation to his parliamentary duties. (5) The total amount payable for attendance fees of members of the committee shall not exceed Eight hundred pounds in respect of any one financial year.

Payments 356. Notwithstanding anything in this Act a member of the under this Act not to committee shall not (by reason only of receiving any payment disqualify under this Act) be deemed to hold or accept an office or place of members. No. 5991 s. 7. profit under the Crown or to be employed in the public service within the meaning of Division two of Part II. of this Act so as to render him incapable of sitting or voting as a member of the Council or of the Assembly or to disqualify him or to render him incapable of being or continuing a member of the Council or of the Assembly or to make him liable to any penalty under this Act.

Application 357. Save as otherwise expressly provided in this Division the of standing orde>s and standing orders and the practice as to select committees and practice to joint committees shall extend and apply with respect to the committee. No. 5991 s. 8. committee.

PART VII.—PARLIAMENTARY COSTS.

Interpretation. 358. For the purposes of this Part unless inconsistent with the No. 6006 s. 351. context or subject-matter— " Committee." " Committee " means a committee of the Council or the Assembly according as proceedings in respect of which costs may be incurred are had or taken in the Council or the Assembly. 1958. The Constitution Act Amendment. No. 6224 427

" Petitioner " used with reference to a private Bill, means ' Petitioner." any person who may present a petition against a private Bill or against any provision or statement therein. " Private Bill" includes the several Bills to which the " Private standing orders of the Council and the Assembly Bill." relating to private Bills are respectively applicable; and every Bill for the particular interest or benefit of any person or persons whether the same is brought in upon petition or motion or report from a committee or otherwise.

" Promoters " includes all persons whose names appear in •Promoters." any Bill as promoting the same, and in the case of a Bill whereby a corporation is created becoming law includes the said corporation. " Taxing officer " means the taxing officer of the Council or " Taxing of the Assembly according as the costs to be taxed by officer." such officer relate to proceedings had or taken in the Council or the Assembly.

359. The provisions of this Part shall extend and apply to all Provisions ot private Bills brought into either House of Parliament, and to all extended. No. 6006 proceedings before any committee of elections and qualifications. s. 352.

DIVISION 1. COSTS OF PROMOTERS AND PETITIONERS. 360. When the committee on a private Bill decides that the When com­ mittee reoorts preamble is not proved, or inserts in the Bill any provision for preamble not proved the protection of any petitioner, or strikes out or alters any opponents entitled to provision of the Bill for the protection of such petitioner, and costs. further unanimously reports with respect to any petitioner that No. 6006 such petitioner has been unreasonably or vexatiously subjected to s. 353. expense in defending his rights proposed to be interfered with by the Bill, such petitioner shall be entitled to recover from the promoters of the Bill his costs in relation thereto, or such portion thereof as the committee thinks fit, such costs to be taxed by the taxing officer, or the committee may award such a sum for costs as it thinks fit to name if the parties affected consent thereto.

361. (1) When the committee on a private Bill decides that when, the preamble is proved and further unanimously reports that the SnTnTmousiy promoters of the Bill have been subjected vexatiously to expense in opposftion the promotion of the Bill by the opposition of any petitioners then "J™™}^the the promoters shall be entitled to recover from the petitioners, or entitled to such of them as the committee thinks fit, such portion of their costs No. 6006 of the promotion of the Bill as the committee thinks fit, which costs s-354- shall be taxed by the taxing officer or in lieu thereof such a sum for costs as the committee thinks fit to name if the parties affected consent thereto. 428 1958. The Constitution Act Amendment. No. 6224 (2) In its report to the House in a case under this or the last preceding section the committee shall state what portion of the costs or what sum for costs the committee so thinks fit to award, together with the names of the parties liable to pay the same and the names of the parties entitled to receive the same.

Exception in 362. No owner of land who bona fide at his own sole risk and case of land-owner charge opposes a Bill which proposes to take any portion of his opposing at his own cost. property for the purposes of the Bill shall be liable to any costs in No. 6006 respect of his opposition to such Bill. s. 355.

When 363. (1) Whenever the committee has reported that the committee reports preamble is not proved, and where in accordance with the Standing preamble not proved Orders of the Council or the Assembly or in accordance with any promoters to pay costs out Act a deposit of money has been made with respect to the of deposits. application to Parliament for an Act the money so deposited shall No. 6006 s. 356. be a security for the payment by the promoters of the Bill of all costs or sums in respect of costs (if any) payable by them under the foregoing sections of this Part. (2) Any person entitled to receive any costs or sum so payable shall accordingly have a lien for the same on the money so deposited, and the lien shall attach thereon at the time when the Bill is first referred to a committee of either the Council or the Assembly.

Lien exceedins 364. When two or more persons have liens for an amount dSTpo'sit.0* exceeding in the aggregate the net value of the money deposited NO. 6006 their respective claims shall abate proportionately. s. 357.

Costs to be 365. (1) If application is made to the taxing officer by the taxed on application. promoter or petitioner as aforesaid or by any person entitled to No. 6006 recover or liable to pay any costs by virtue of a report from a s. 358. committee of elections and qualifications or by his solicitor or parliamentary agent within six months after the report of any committee the taxing officer shall examine and tax such costs, and shall deliver to the parties affected or either or any of them on application a certificate signed by himself expressing the amount of such costs, or in cases where a sum for costs has been named by the committee with consent as aforesaid such sum as has been so named, with the names of the persons liable to pay and entitled to receive the same respectively. (2) Such certificate shall be conclusive evidence both of the amount of the demand and of the title of the persons named to recover the same; and all persons claiming under such certificate shall upon payment of the sum to which they may be entitled or any part thereof give a receipt at the foot of such certificate which shall be a sufficient discharge for the same. 1958. The Constitution Act Amendment. No. 6224 429 366. When no sum has been named by the committee with ^^Jl"".,^ consent as aforesaid, the taxing officer shall not tax or examine the hasebee'n s costs awarded in respect of any private Bill until one month after a committes. N 06 bill of such costs sealed with the seal or subscribed with the proper °-5«> hand of the persons claiming such costs or of their solicitor or parliamentary agent has been delivered to the persons chargeable therewith or one of them.

367. In the case of costs awarded by any committee of elections Costs in and qualifications the President shall by order under his hand direct Section cases the payment of the sum of One hundred pounds deposited to his $ deposit SE1 credit under the provisions of Part VI. or a sufficient portion thereof J{J| prtlfdent to any parties who by such certificate appear to be entitled to No. 6006 receive costs from the person by or on account of whom such 8-360- deposit was made. 368. (1) The persons entitled to any sum named by any Recovery of committee with consent as aforesaid or to any taxed costs, and in taxed.when N 6 the case of costs awarded by any committee of elections and °-6f°° qualifications the persons entitled to such part thereof as has not been defrayed out of any such deposit, or their executors or administrators, may demand the whole amount thereof from any one or more of the persons liable to the payment thereof, and in case of non-payment on demand may recover the same in the Supreme Court. (2) No proceeding in respect of taxed costs awarded in respect of any private Bill settled by the taxing officer shall be commenced against any person who has not had delivered to him a signed certificate of costs as hereinbefore directed.

369. (1) Where the taxing officer has signed and delivered a Procedure for certificate expressing the amount of any costs any person entitled to cScate'Sf receive the same may— taxing °mcdc' J No. 6006 (a) file the certificate in the Supreme Court together with s-362- an affidavit of such demand; and (b) thereupon without any previous process sign final judgment against any person liable to pay the same for the amount thereof, or in the case of costs awarded by a committee of elections and qualifications for such part thereof as has not been defrayed out of any such deposit, and for any fees for the certificate or filing the same or for signing the final judgment and the sum of One pound eleven shillings and sixpence for the costs and charges of obtaining and filing the certificate and signing the final judgment. (2) Upon such final judgment execution may be forthwith issued in the same manner as upon any other judgment of the Supreme Court. 430 1958. The Constitution Act Amendment. No. 6224 (3) The validity of such certificate shall not be called in question in any court whatsoever.

Recovery by 370. Any person from whom the amount of such costs or sum persons paying costs of named by the committee with consent as aforesaid has been proportion from other recovered shall be entitled to recover from the other persons or any persons liable thereto. of them who are liable to the payment of such costs or sum named No. 6006 by the committee with consent a proportionate share thereof 8.363. according to the number of persons so liable and according to the extent of the liability of each person.

DIVISION 2. EXPENSES OF MEMBERS OF PRIVATE BILL COMMITTEES.

Reimburse­ 371. (1) If the Council or (as the case may be) the Assembly ment of expenses of so resolves, each member of the committee on a private Bill members of Private BUI which has been brought into that House shall be entitled to receive committees. by way of reimbursement of his expenses in relation to his No. 6006 8.364. attendance in the discharge of his duties as a member of the said committee an attendance fee at the rate of Two pounds two shillings for each attendance at a meeting of the said committee at which a quorum is present; but no member of the said committee shall be entitled to receive more than one attendance fee in respect of any one day notwithstanding that he may attend more than one meeting on that day.

Payment from (2) The amount to which any member of the said committee Consolidated Revenue. is entitled pursuant to this section for attendance fees shall be certified to by the chairman of the said committee and when approved by the Treasurer of Victoria shall be payable out of the Consolidated Revenue (which is hereby to the necessary extent appropriated for the purpose accordingly). Additional to (3) Any fiuch reimbursement payable to any member of the taburSment. said committee shall be in addition to any payment received by such member as a parliamentary salary or allowance. Not to. (4) Notwithstanding anything in The Constitution Act or this disqualify &c. ^ct a membeT 0f ^g sa^ committee shall not (by reason only of receiving any payment under this section) be deemed to hold or accept an (ffice or place of profit under the Crown or to be employed in tie public service within the meaning of Division two of Part II. of this Act so as to render him incapable of sitting or voting as a member of the Council or of the Assembly or to disqualify him or to render him incapable of being or continuing a member of the Council or of the Assembly or to make him liable to any penalty under this Act. Repayment by (5) Any amount paid or payable to members under this promoters. section shall be repaid to the Consolidated Revenue by the promoters and any sum deposited by the promoters with respect to the application to Parliament shall be security for (inter alia) such payment by the promoters. 1958. The Constitution Act Amendment. No. 6224 431

DIVISION 3. COSTS OF PARLIAMENTARY AGENTS AND OTHERS. 372. No parliamentary agent attorney or solicitor and no parliamentary executor administrator or assignee of any such parliamentary agent ?* suelor colts attorney or solicitor shall commence or maintain any action or ^uiafter suit for the recovery of any costs charges or expenses subject to bfu'veryof taxation as provided in this Part until the expiration of one month NO.6006 after he has delivered to the party to be charged therewith or sent s-365- by post to or left for him at his place of business or last-known place of abode a bill of such costs charges and expenses subscribed with the proper hand of such parliamentary agent attorney or solicitor (or in the case of a partnership by any of the partners either with his own name or with the name of such partnership) or with the proper hand of such executor administrator or assignee.

373. It shall not be necessary for any such parliamentary agent Mode of attorney or solicitor or for such executor administrator or assignee comp?Snce. in proving compliance with this Part to prove in the first instance No.^6006 the contents of the bill delivered sent or left by him, but it shall s. 366. be sufficient to prove that a bill of costs charges and expenses so subscribed was so delivered sent or left; but the other party may show that the bill so delivered sent or left was not such a bill as constituted a bona fide compliance with this Part.

374. Any judge of the Supreme Court may authorize a power to judg« parliamentary agent attorney or solicitor or the executor wuhiXI's interval before administrator or assignee of any parliamentary agent attorney or action. solicitor to commence an action or suit for the recovery of such NO.6006 costs charges and expenses against the party chargeable therewith s'367' although one month has not expired from the delivery of the bill, on proof to the satisfaction of the judge that there is probable cause for believing that such party is about to quit Victoria.

375. Where Taxing officer to tax bills on (a) any person upon whom any demand is made application of executoby any rparliamentar administratoy agenr to rattorne assigney oer solicitoof sucr ohr chargeablothers. e or parliamentary agent attorney or solicitor or other s~No.60036* 6 person for any costs charges or expenses in respect of any proceedings in the Council or the Assembly relating to any petition for a private Bill, or to a private Bill or in respect of the complying with the standing orders of the Council or the Assembly relative thereto, or in preparing bringing in and carrying the same through the Council or the Assembly or in opposing the same therein, or in respect of any proceedings had before any committee of elections and qualifications; or (b) any such parliamentary agent attorney or solicitor, or any such executor administrator or assignee, or 432 1958. The Constitution Act Amendment. No. 6224 any other person who feels aggrieved by the non-payment of any such costs charges or expenses— makes application to the taxing officer at his office for the taxation of such costs charges or expenses, the taxing officer on receiving a true copy of the bill of such charges costs and expenses which has been duly delivered to the party charged therewith shall in due course proceed to tax and settle the same.

If either party 376. (1) If either party to such taxation having due notice neglects to attend thereof refuses or neglects to attend such taxation the taxing officer taxation to be made ex parte. may proceed to tax and settle such bill and demand ex parte. No. 6006 s. 369. (2) If pending such taxation any action or other proceeding is commenced for the recovery of the amount of such bill or demand the court or judge before whom the same is brought shall stay all proceedings thereon until the amount of such bill has been duly certified by the President or the Speaker as hereinafter provided.

Taxing officer 377. The taxing officer shall not entertain any such application not to entertain to tax— application to tax in certain (a) if made by the party charged with such bill or demand cases. after a judgment has been obtained or an inquiry No. 6006 s. 370. ordered in any action for the recovery of the amount of such bill or demand; or (b) after the expiration of six months from the time such bill has been delivered sent or left as aforesaid except by the special direction of the President or the Speaker (as the case may be).

Taxing officer to report to 378. In all cases of taxation under section three hundred and the President sixty-eight of this Act the taxing officer shall— or Speaker. No. 6006 (a) report his taxation to the President or the Speaker 8. 371. (as the case may be); and (b) in such report state the amount fairly chargeable in respect of such costs charges and expenses together with the amount of costs and fees payable in respect of such taxation.

Further report 379. (1) If either party to the taxation within twenty-one if either party objects to clear days after such report has been made deposits with the taxing officer's President or the Speaker (as the case may be) a memorial report. addressed to him complaining of such report or any part thereof, No. 6006 s. 372. the President or the Speaker may if he thinks fit refer the same together with such report to the taxing officer, and may require a further report in relation thereto, and on receiving such further report may direct the taxing officer to amend his report. (2) If no such memorial is deposited, or as soon as the matters complained of in any such memorial have been finally adjusted, the President or the Speaker shall upon application made to him 1958. The Constitution Act Amendment. No. 6224 433 deliver to any party concerned therein a certificate of the amount so ascertained, which certificate shall be binding and conclusive on the parties as to the matters comprised in such taxation and as to the amount of such costs charges and expenses, and as to the amount due on the same and on the costs and fees payable for such taxation in all proceedings.

380. Such certificate shall have the effect of a warrant of certificate to attorney to confess judgment; and if any action is commenced in a warrant to the Supreme Court to recover the amount specified in such jSd^„t. certificate the court or any judge thereof shall on production of NO. 6006 such certificate order judgment to be entered up for the sum s"373, specified in such certificate in like manner as if the defendant in such action had signed a warrant to confess judgment to that amount in such action: Provided that in case the defendant pleads that he is not liable to the payment of such costs charges or expenses, such certificate shall be conclusive only as to the amount which is payable by the defendant if the plaintiff in such action recovers the same.

DIVISION 4. TAXING OFFICERS. 381. (1) The President shall appoint a fit person to be the Appointment taxing officer of the Council. £££} u (2) Every person so appointed shall hold his office during the N° ^o6 pleasure of the President, and shall execute the duties of his office s-374- conformably to such directions as he may from time to time receive from the President.

382. (1) The Speaker shall appoint a fit person to be the Appointment taxing officer of the Assembly, officer o? Assembly. (2) Every person so appointed shall hold his office at the ^f006 pleasure of the Speaker, and shall execute the duties of his office conformably to such directions as he may from time to time receive from the Speaker.

383. (1) The President and the Speaker may prepare and Preparation of alter lists of such charges as it appears to them respectively that Usto™ar8es' parliamentary agents attorneys solicitors and others may justly ?376. make with reference to the several matters comprised in such lists. (2) The several charges therein specified shall be the utmost charges to be allowed upon the taxation of any such bill of costs charges and expenses in respect of the several matters therein specified: Provided that the taxing officer may allow all fair and reasonable costs charges and expenses in respect of any matter not included in such list. 434 1958. The Constitution Act Amendment. No. 6224

Examination 384. (1) For the purposes of any taxation under this Part the by taxing officer on oath. taxing officer may examine upon oath any party to such taxation No. 6006 and any witnesses who may be examined in relation thereto, and s. 377. may receive affidavits sworn before him or before any commissioner of the Supreme Court for taking affidavits or before any commissioner for taking declarations and affidavits relative to such costs charges or expenses. (2) Every person who on such examination on oath or in such affidavit knowingly gives false evidence shall be deemed to be guilty of wilful and corrupt perjury.

Taxing officer 385. The taxing officer may call for the production of any empowered to call for books books or writings in the hands of any party to such taxation and papers. relating to the matters of such taxation. No. 6006 s. 378.

Limitation of 386. Nothing herein contained shall be construed to authorize powers of taxing officer. any taxing officer to determine the amount of fees which may No. 6006 have been payable to eitiier House of Parliament in respect of s. 379. the proceedings upon any private Bill.

Taxing officer 387. The taxing officer may demand and shall receive for any to take such fees as tne such taxation such fees as the Council and the Assembly Council and Assembly respectively may by any standing order authorize and direct, and respectively determine. shall charge the said fees and also award the costs of such taxation No. 6006 against either party to such taxation or in such proportion as he s. 380. thinks fit against each party.

Taxation of 388. (1) If any bill of costs subject to taxation under this Part other costs than those contains any costs charges or expenses incurred in respect of any heretofore mentioned. private Bill, or any proceedings before a committee of elections and No. 6006 qualifications not taxable by the taxing officer to whom it is s. 381. presented for taxation, he shall at his discretion either tax such last-mentioned costs charges and expenses or shall request the taxing officer of the other House of Parliament or the proper officer of any court having such an officer to assist him in taxing and settling such bill or any part thereof. (2) Such officer shall thereupon tax and settle the same, and shall return the same with his opinion thereon to the officer who has so requested him to tax and settle the same, and in taxing such costs charges and expenses the taxing officer so requested to assist in taxing shall have the same power and may receive the same fees in respect of such taxation as if such costs charges and expenses were taxed under the preceding sections of this Part. (3) The proper officer of any court whose assistance has been so requested shall have the same powers and may receive the same fees as upon a reference from the court of which he is such officer. 1958. The Constitution Act Amendment. No. 6224 435

389. After the taxing officer has either by himself or with such Taxing officers to include, assistance as aforesaid taxed such costs, he may include them and certain costs in their reports where necessary the amount payable thereon by way of fees for and such costs to be included taxation in his certificate or in his report to the President or the in reports and Speaker (as the case may require) and thereupon all such certificates. No. 6006 proceedings may be had as if such costs had been taxed in ordinary s. 382. course under this Part.

390. If the taxing officer is requested by the proper officer of Officers of any other court to assist him in taxing and settling any costs charges St!«rrecS t X 8 or expenses incurred in respect of any private Bill, or any c.^cer to tax proceedings before a committee of elections and qualifications being partof bills- part of any bill of costs which has been referred to him by the court f.%'sf!06 of which he is such officer, such taxing officer— (a) shall thereupon proceed to tax and settle the same; (b) shall return the same with his opinion thereon to the officer who has so requested him to tax and settle the same; and (c) shall have the same powers and may receive the same fees in respect of such taxation as if application had been made to him for such taxation in due form by one of the parties thereto under the preceding sections of this Part.

391. The taxing officer may take an account between the Power of parties to any taxation under this Part of all sums of money paid !oJtake0anCer or received in respect of any bill of costs which is the subject of ^«ntoe such taxation or any matters contained therein, and make allowance parties, for all such sums of money so paid or received in estimating the N3's4?°6 amount due between the parties to such taxation, and in preparing his certificate of such amount or in reporting the same to the President or the Speaker.

PART VIII.—PARLIAMENTARY WITNESSES.

392. (1) In this section " Committee " means a committee of Interpretation. the Council or of the Assembly or a joint committee of the Council " Committee." No. 6006 and the Assembly. s. 385. (2) The Council or the Assembly may administer an oath to Examination of witnesses the witnesses examined at the bar of the Council or the Assembly on oath by the Council or (as the case may be). Assembly and by committees (3) Any committee may administer an oath to the witnesses examined before such committee.

(4) Any oath or affirmation taken or made by any witness Administra­ tion of oath before the Council or the Assembly or a committee of the whole &c. in the Council or Council or of the whole Assembly may be administered by the Assembly. Clerk of the Council or the Clerk of the Assembly (as the case may be) at the table. 436 1958. The Constitution Act Amendment. No. 6224

Administra­ (5) Any oath or affirmation taken or made by any witness tion or oath Ac. In other before any other committee may be administered by the chairman committees. of the committee or the clerk attending such committee.

Declaration (6) In any case where a witness, if to be examined before the &c. in lieu of oath. Supreme Court, would be permitted to make a solemn affirmation or declaration or to give evidence in any other way than upon oath, a witness to be examined under this section shall be in like manner allowed to give evidence upon affirmation or declaration or otherwise, as aforesaid.

Privilege of (7) No action shall be maintainable against any witness who witness. has given evidence, whether on oath or otherwise, under the authority of this Act, for or in respect of any defamatory words spoken by him while giving such evidence.

Penalty for (8) Every person examined under this section who wilfully false evidence. gives false evidence shall be liable to the penalties of perjury.

Privileges of (9) Nothing in this section shall derogate from any power or Parliament not affected. privilege of either House, or of the members or committees of either House or of the joint committees of the Council and Assembly, as existing at the commencement of this Act: Provided that no person shall be liable to be proceeded against or punished twice for the same offence whether as a breach of privilege or as an offence against this section or any other enactment or at common law.

PART IX.—OFFICERS OF PARLIAMENT. Interpretation. 393. In this Part unless inconsistent with the context or No. 6006 s.386. subject-matter— " Gardens." " Gardens " means the Parliament Gardens. " House " House Committee " means the House Committee of the Committee." Council and the Assembly. ' Library.' " Library " means the Parliament Library.

" Library " Library Committee " means the Joint Library Committee Committee." of the Council and the Assembly. " Officers of " Officers of the Parliament " means officers of the Council, Parliament." officers of the Assembly, officers employed in the Parliament Library, officers employed in the preparation and publication of the Victorian Parliamentary Debates, and officers under the control of the House Committee. " Office of " Office of Parliament" means any office held by any officer Parliament." of The Parliament as such. 1958. The Constitution Act Amendment. No. 6224 437

T e 394. (1) The provisions of this Part shall apply to all officers °£{£™^t £ of The Parliament whether appointed to their respective offices beumierthis' before or after the commencement of this Act and to no other ^"^^ officers. s. 387. (2) All officers of The Parliament shall, subject to the KJjjJj^, provisions of this Part, hold office in the same division and class nse" and have the same rights to increments of salary and to transfer and promotion to any other branch of the public service as they would have held or had but for the passing of this Act; and nothing herein shall in any manner affect take away alter or diminish any rights existing at the time of the commencement of this Act or hereafter accruing of any such officer with respect to classification salary increment of salary superannuation or retiring allowance compensation or gratuity leave of absence or furlough or of transfer or promotion to any other branch of the public service. (3) Save as aforesaid and subject to section four hundred and seven of this Act nothing contained in the Public Service Act 1958 or any corresponding previous enactment or in any regulations made thereunder shall in the absence of express provision in this Part to the contrary apply or be taken to have applied to any such officer. (4) Nothing contained in this Part shall be construed to make any alteration in Schedule D to The Constitution Act.

395. (1) The persons holding the offices of Clerk of the Permanent Legislative Council, Clerk of the Legislative Assembly, Librarian, heads- and Chief Reporter of the Victorian Parliamentary Debates for the s?m06 time being respectively shall be designated " permanent heads " of Departments, and shall be permanent heads of the departments of the " Legislative Council," " Legislative Assembly," " Library," and " Reporting Staff of the Victorian Parliamentary Debates" respectively. (2) Such " permanent heads " (except in case of any official paid under the provisions of any Act now in force) shall be paid such emoluments salaries and allowances as may be provided for them in the annual Appropriation Act.

396. (1) The Governor in Council may determine— Determination (a) on the recommendation of the President, the number SoSu^rfduties of persons to be employed as officers of the Council; rfTheofficers Parliament. (b) on the recommendation of the Speaker, the number of No. 6006 persons to be employed as officers of the Assembly; «•' s'sST (c) on the recommendation of the Library Committee, the number of persons to be employed in the Library and in the preparation and publication of the Victorian Parliamentary Debates; and 438 1958. The Constitution Act Amendment. No. 6224 (d) on the recommendation of the House Committee, the number of persons to be employed in the refreshment rooms or in the gardens or as engineers or assistant engineers.

Classification of offices (2) The classification attached to the various offices of existing at Parliament at the time of the commencement of this Act shall time of commence­ continue attached to the same respectively: ment of Act. Provided that the Governor in Council may at any time upon the recommendation of the President the Speaker the Library Committee or the House Committee (as the case may be) alter the classification of any such office, but the classification of any officer shall not in any case be lowered by or in consequence of the exercise of such power.

New offices. (3) If any new office of Parliament is created after the passing of this Act the Governor in Council may determine the relative position of and the duties and classification to be attached to the same. He may also determine the qualifications to be possessed by the person filling any such office of Parliament. (4) Each officer of The Parliament shall be paid such salary as may be attached to officers of the same classification in other branches of the public service as that held by him.

Nomination and appoint­ 397. (1) Every appointment to any office of Parliament after ment of officers. the passing of this Act shall be made by the Governor in Council, No. 6006 upon the nomination— s.390. (a) in the case of officers of the Council—of the President; (b) in the case of officers of the Assembly—of the Speaker; (c) in the case of officers employed in the Library or in the preparation and publication of the Victorian Parliamentary Debates—of the Library Committee; and (d) in the case of officers employed in the refreshment rooms or in the gardens or on the engineering staff—of the House Committee. (2) If any nomination so made is not approved by the Governor in Council, it shall be the duty of the President the Speaker the Library Committee or the House Committee (as the case may be) to nominate some other person when so requested by the Governor in Council. (3) If some other person is not nominated within the time specified by the Governor in Council, then he may appoint without any nomination. 1958. The Constitution Act Amendment. No. 6224 439 398. (1) The person nominated for appointment to any office what persona of Parliament shall be some person who is at the time of nomination dominated. an officer in the public service, and who in the opinion of the person No^axw or body nominating is best qualified for the appointment and entitled thereto by seniority and merit combined. (2) In making such nomination preference shall be given (other qualifications being equal) to officers of The Parliament: Provided that if the person or body whose duty it is to nominate certifies to the Governor in Council that there is no officer in the public service available and fit for appointment to the vacant office then such person or body (as the case may be) shall nominate such person as to him or it appears best qualified for appointment to such vacant office, and such person may be appointed thereto.

399. The appointment of any officer in any other department Appointment of the public service to any office of Parliament shall not in any any oilier manner affect take away alter or diminish any right whatever pSJifc^rvice (whether then accrued or only accruing) of such officer as an Su'r^usf1""' officer in the public service so long as such right does not in any NO.J>OO6 way conflict with his duties or obligations as an officer of The s. 392. Parliament.

400. If any officer of The Parliament is transferred to any Transfer of other department of the public service the Governor in Council another may on the recommendation of the Public Service Board ofpp"b"icnt determine all questions as to the classification to be assigned to servi"' the officer so transferred, but so that such classification shall not in ^ 393. any manner affect take away alter or diminish any right accrued or accruing to such officer at the time of his appointment to an office of Parliament or which may have been acquired by him during his continuance in such office.

401. (1) No officer of The Parliament shall be dismissed from No officer to the public service or suffer any other penalty in respect thereof excepTundS except for the causes and in the manner set forth in this Part. this Pait- r No. 6006 (2) Nothing herein contained shall be taken to prevent the s-394. Governor in Council on the recommendation of the President the Speaker the Library Committee or the House Committee (as the case may be) from reducing the number of offices of Parliament or from amalgamating any such offices or from dispensing with the services of any officers of The Parliament in consequence of any such reduction or amalgamation.

402. Whenever in the opinion of the President the Speaker the Temporary Library Committee or the House Committee the prompt despatch of ^"g^0" business renders temporary assistance necessary the President the s.3'95. 440 1958. The Constitution Act Amendment. No. 6224 Speaker the Library Committee or the House Committee (as the case may be) may employ such persons as they consider suitable and necessary to perform such work.

Regulations. 403. (1) The Governor in Council may on the recommendation No. 6006 of the President the Speaker the Library Committee or the House s. 396. Committee (as the case may be) and subject to the provisions hereinbefore contained make regulations concerning— (a) the duties to be performed by the various officers under their respective control; (b) the discipline to be observed in the performance of such duties; and (c) the leave of absence and furlough to be allowed to such officers. (2) Such regulations may provide for the punishment of officers offending against any of the same by fine reprimand or suspension from duty according to the nature of the offence.

Information as (3) Copies of all regulations and a statement of every to regulations and appoint­ appointment or transfer to an office of Parliament or of alteration ments to be supplied to of classification made under this Part shall forthwith after the Parliament. making thereof be laid before both Houses of Parliament; and a statement showing the names of all persons temporarily employed under the authority of this Part their remuneration and duties and the length of time for which they were so employed shall be laid before both Houses of Parliament in the month of November in each year if Parliament is then sitting or if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

Improper 404. If any officer of The Parliament is guilty of any conduct conduct of officer. which in the opinion of the President the Speaker the Library No. 6006 Committee or the House Committee (as the case may be) renders s. 397. such officer unfit to continue in the public service, the President the Speaker the Library Committee or the House Committee (as the case may be) shall report the same to the Governor in Council and shall suspend such officer from duty.

Special Board 405. (1) When any officer of The Parliament has under the to be appointed to last preceding section been reported to the Governor in Council, hear charges against officer. and such officer does not admit in writing the truth of the charges No. 6006 made against him, the Governor in Council may appoint three or s. 398. more persons to inquire as to the truth of such charges. (2) Such persons shall for such purpose have authority to hear receive and examine evidence upon oath, and shall after fully hearing the case report to the Governor in Council their opinion thereon. 1958. The Constitution Act Amendment. No. 6224 441 (3) If any such charge is admitted as aforesaid or is proved the Governor in Council may according to the nature of the offence dismiss such officer from the public service or reduce him to a lower rank therein, or reduce his salary by such amount as the Governor in Council thinks fit, or deprive him of any future annual increment he would otherwise have been entitled to receive or of any part thereof or of his leave of absence during such time as the Governor in Council thinks fit. (4) If no such charge is proved the suspension shall be immediately removed by the Governor in Council. 406. If any officer of The Parliament is at any time found to be gS^,°f unfit to discharge the duties of his office or to be inefficient in the ^ce^y be prompt and effective discharge of such duties and such unfitness wX incapacity or inefficiency is likely to be of a permanent character N°-9«»6 the Governor in Council may dispense with the services of such officer. 407. (1) Every officer of The Parliament whether appointed officers before or after the passing of this Act and whether he has attained SSB^ the age of sixty years before or after the passing of this Act, shall £lu5edor™» dupon be entitled if he desires so to do, having attained the age of sixty ££&e years, to retire from the public service; but any such officer may N0.6006 (unless called upon to retire as hereinafter provided) continue in s-*°°- the public service until he attains the age of sixty-five years. (2) If any such officer continues in the public service after he has attained the age of sixty years he may at any time before he attains the age of sixty-five years be called upon by the Governor in Council, acting upon the recommendation of the President the Speaker the Library Committee or the House Committee (as the case may be) to retire; and every such officer so called upon to retire shall retire immediately.

408. Every officer of The Parliament shall retire from the oj^0"^ public service immediately on attaining the age of sixty-five years ageofs&ty- unless he is required notwithstanding his age to continue to perform unless called his duty in the public service as hereinafter provided and is willing "^nUnSe. tO do SO. No. 6006 s. 401. 409. The Governor in Council may notwithstanding that any officers of ago officer of The Parliament has attained the age of sixty-five years (if mwbe'"flv8 such officer is able and willing to continue in the performance of the SSwi^vtoj duties of his office or of any office in the public service to which he sSunciL* may be appointed) from time to time direct such officer to continue NO. 6006 in the service for such fixed time not exceeding twelve months as a402- the Governor in Council in each case directs or during pleasure; and in such latter case the Governor in Council may from time to time renew the time of such continued service for such fixed period as he thinks fit. 442 1958. The Constitution Act Amendment. No. 6224

Duties of officers of The 410. Whenever the office of President or Speaker is vacant or Parliament on the President or the Speaker is absent from Victoria or in the certain occasions. interval of time between the close of one Parliament and the No. 6006 s.403. appointment of the Library Committee or of the House Committee in the next following session (as the case may be) all officers of The Parliament under the control of such person or body shall respectively discharge such duties as may be required by the standing orders or by the regulations made under this Part or as may be required by the Premier.

Temporary 411. (1) If any vacancy occurs— appointments by Governor in Council. (a) in any office of the Council whilst the office of No. 6006 President is vacant or during the absence of the s. 404. President from Victoria; (b) in any office of the Assembly whilst the office of Speaker is vacant or during the absence of the Speaker from Victoria; (c) in any office of the library or of the refreshment rooms or of the gardens or of engineer or assistant engineer in the interval of time between the close of one Parliament and the appointment of the Library Committee or of the House Committee (as the case may be) in the next following session— the Governor in Council may if he thinks fit temporarily appoint some person to such office.

What persons (2) The person so appointed shall be some person who is at temporarily appointed. the time of appointment an officer in the public service and who in the opinion of the Governor in Council is best qualified for the appointment and entitled thereto by seniority and merit combined, and in making such appointment preference shall be given (other qualifications being equal) to officers of The Parliament; but if in the opinion of the Governor in Council there is no officer in the public service available and fit for appointment to the vacant office, then the Governor in Council shall appoint such person as to him appears best qualified for appointment to such vacant office.

Peraiflnent^ (3) Such person shall hold such office as though he had been permanently appointed until a permanent appointment is made.

(4) Upon the election or return to Victoria of the President or upon the election or return to Victoria of the Speaker or upon the appointment of the Library Committee or the House Committee (as the case may be) he or it (as the case may be) may nominate the person so temporarily appointed, or some other person for permanent appointment to such office, in accordance with the provisions of this Part. 1958. The Constitution Act Amendment. No. 6224 443 412. All fines and pecuniary penalties imposed on any officer f^""^^ of The Parliament shall be deducted from such officer's salary in the salary. rom 6 same manner as penalties imposed under the authority of the ^0f° Public Service Act 1958. 413. When any question arises respecting the rights or the Governor in obligations under the preceding provisions of this Part of any dS"'0 t0 officer of The Parliament the Governor in Council may decide the ?S&S0f same, and such decision shall be final. officers. No. 6006 s. 406. 414. In addition to the provisions of this Part, officers of The Application of S Parliament shall also be subject to the provisions of any Act No. 6oo6 expressly applied to them by Parliament, whether before or after s-407- the commencement of this Act.

PART X.—RELATION OF PUBLIC OFFICERS TO POLITICAL AFFAIRS. 415. (1) In order that all officers may be enabled to render officers in th» loyal and efficient service to the State it is hereby enacted that nO not io take person or class of persons employed in any capacity (whether {^mic'ai permanently or temporarily) in the public service (including the affairs- teaching service the railway service the police force the Water s?408?06 Supply Department the Mental Hygiene Branch of the Department of Health and the State Forests Department) shall publicly comment upon the administration of any Department of the State of Victoria or use for any purpose other than for the discharge of his official duties information gained by or conveyed to him through his connexion with the public service; and no person or class of persons so employed shall directly or indirectly use or attempt to use any influence in respect to any matter affecting the remuneration or position in the public service of either himself or any other person. (2) If any person so employed is guilty of any contravention of this section, then on proof thereof to the satisfaction of the Public Service Board, the Teachers Tribunal, the Commissioners of Railways, or the Chief Commissioner of Police (as the case may be) such person may by the said authority be fined any sum not exceeding Ten pounds and may be reduced in class subdivision grade or status and salary or he may be dismissed or his services may be dispensed with: Provided that such person shall not be dismissed or have his services dispensed with for any contravention of this section without the consent of the Governor in Council. (3) This section shall apply to every person employed as aforesaid notwithstanding that he may not be subject to the Public Service Act 1958 or the Teaching Service Act 1958 or the Railways Act 1958 or the Police Regulation Act 1958. 444 1958. The Constitution Act Amendment. No. 6224 (4) This section shall not apply to officers in the service of Parliament, but the Governor in Council on the recommendation of the President the Speaker the Joint Library Committee or the House Committee (as the case may be) may make regulations applying to such officers in relation to the matters referred to herein.

SCHEDULES.

Section 2. FIRST SCHEDULE.

Number of Act. Title of Act. Extent of Repeal.

5991 .. Subordinate Legislation Committee Act The whole. 1956 6006 .. Constitution Act Amendment Act 1956 So much as is not already repealed. 6016 .. Electoral Act 1956 The whole. 6051 .. Parliamentary Contributory Retirement The whole. Fund (Amendment) Act 1956 6056 .. Governor's Salary Act 1956 The whole. 6112 .. Statute Law Revision Act 1957 Items in Schedule referring to Con­ stitution Act Amendment Act 1956. 6135 .. The Constitution Act Amendment The whole. (Special Appropriations) Act 1957

Section S3. SECOND SCHEDULE. I swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II. as lawful Sovereign of the United Kingdom and of this Slate of Victoria.(a) [The name of the reigning Sovereign for the time being is to be substituted from time to time for that of Her Majesty Queen Elizabeth 11.,]

(a) For forms of administering oaths, see Evidence Act 1958, section 100. 1958. The Constitution Act Amendment. No. 6224 445

THIRD SCHEDULE. Section 69 (2).

NAMES AND BOUNDARIES OF ELECTORAL PROVINCES OF THE LEGISLATIVE COUNCIL. See No. 4409, (In the following descriptions, wherever the boundary described runs along No. 5465, a river, creek, road, or street, the centre of such river, creek, road, or street c'oiernmtiu shall be taken to be the boundary line; and wherever the boundary is Gazette. described as by a mountain range or watershed, the line following the highest 8th August, part of such range or watershed shall be taken to be the boundary. "**• 5J49 Where any boundary of a municipal district or portion of a municipal district is specified in these descriptions it shall be taken to be the boundary existing on the 31st December, 1948.)

BALLAARAT PROVINCE. Commencing on the Wimmera River where it intersects the road forming the south boundary of the Parish of Marma; thence easterly by that road and the road forming the south boundary of the Parish of Wirchilleba to the west boundary of the Parish of Wallaloo; thence south by that boundary and east by the south boundary of the said parish to the west boundary of the Parish of Warngar; thence south and easterly by the west and south boundaries of that parish to the west boundary of allotment 3A, section 2, Parish of Morrl Morrl; thence northerly by that boundary and the west boundary of allotment 3, and north­ easterly by the north boundary of the last-named allotment to the road from Wallaloo to Navarre; thence southerly by that road to the north-west angle of allotment 4, section 2; thence easterly, southerly and westerly by the north, east, and south boundaries of the said allotment to the road from Wallaloo to Navarre; thence south-easterly by that road to the north boundary of the Parish of Navarre at the north-west angle of allotment 10, section A; thence easterly by that boundary, and east and south by the north and east boundaries of the Parish of Barkly to a point due west of the road which forms the south boundary of allotment 71, Parish of Redbank; thence east by a line to that road and easterly by that road to the road from Stuart Mill to Redbank at the south-east angle of allotment 37; thence south-westerly by the latter road to the road forming the north boundary of allotment 35; thence east by the last-mentioned road to the road forming the west boundary of allotment 34D and south by the latter road to the road forming the north boundary of allotment 34F; thence east and south by the roads forming the north and east boundaries of the said allotment to the road forming the south boundary of allotment 34E; thence east by the last-mentioned road to the south-east angle of the last-named allotment; thence north by the west boundary of allotment 33B and east by the north boundaries of that allotment and allotment 33c to the north-east angle of the latter allotment; thence south by a road to the south-west angle of allotment 31; thence east by a road to the east boundary of the Parish of Redbank; thence south by that boundary to the road from Redbank to Dunolly; thence north­ easterly and easterly by that road to the road forming the western boundary of allotment 34B, Parish of Moyreisk; thence south-easterly by the latter road to the north boundary of the Village of Natteyallock; thence east by that boundary to the Avoca River; thence southerly by mat river to a point in line with the road forming the boundary between allotments 17 and 18, Village of Natte­ yallock; thence east by a line and that road to the south-east angle of allotment 7A, section 1, Parish of Natteyallock; thence south by a road to the south-west angle of allotment 3A; thence east by the south boundary of that allotment and north by a road to the north-west angle of allotment 2, section 3; thence east by a road to the south-east angle of allotment 12, section 4; thence north by a road to the south-west angle of allotment 14; thence east, north-easterly, and south-easterly by the south boundary of the parish to the south angle of allotment 11, section A; thence north-easterly by the Avoca and Dunolly road to the north-west angle of allotment 2, section 3B, Parish of Bet Bet; thence easterly and south by the north boundary of that parish to the Bet Bet Creek, at the south-east corner of allotment 41, section 2; thence south-westerly by the Bet Bet Creek to the north boundary of allotment 10, section 3A, Parish of Wareek; thence west by that boundary and south-westerly by a road to the south angle 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. of allotment 9, section 2A; thence north by a road to the south boundary of allotment 7, section 1A; thence west by that boundary and the south boundaries of allotments 8, 9, 10, 11, and 12 and south by a road to the north-east angle of allotment 3B, section 3; thence west by a road to the north-east angle of allotment 2; thence south by the east boundaries of that allotment and allotment 7, and west by a road to the road forming the west boundary of the parish; thence south by that road to the north-east angle of allotment 26, Parish of Rathscar; thence west by a road to the west boundary of the said allotment, and south by that boundary and the west boundaries of allotments 27 and 29 to the south angle of the last-mentioned allotment; thence south-westerly by a road to the north-west angle of allotment 43; thence south by a road to the road forming the north boundary of the Township of Bung Bong, and east by that road to Bet Bet Creek; thence generally southerly by that creek to the north boundary of the Woodstock Pre-emptive Section, Parish of Lillicur; thence east by a road, the north boundary of allotment 16, section 3, and a road to the north-east angle of allotment 18; thence south by a road to the south-east angle of allotment 26; thence east by the south boundary of the last- named parish to the west boundary of the Parish of Amherst; thence south by that boundary and east by the south boundaries of the said parish and the Parishes of Eglinton and Glengower to the south-east angle of allotment 16D in the last-named parish; thence north and north-easterly by a road to the north­ west angle of allotment 42 (Glengower Estate), Parish of Glengower; thence generally easterly by the south boundary of the Parish of Rodborough to Joyce's or Deep Creek; thence south-easterly by that creek to the continuation of the road forming the north boundary of allotment 18A, Parish of Wombat; thence south-westerly by that road to the north-east angle of the last-mentioned allotment; thence south-easterly and south-westerly by the east and south boundaries of that allotment to its south-west angle; thence south-westerly by a direct line to the north-east angle of allotment 104F, Parish of Bullarook; thence generally south-easterly and southerly by the east boundary of the last-named parish to the south-east angle of allotment 118c; thence west and north by the south and west boundaries of that allotment, west by the south boundary of allotment 118B, and south by the east boundary of allotment 119B to the Rocky Lead Creek; thence easterly by that creek to the east boundary of allotment 3, section 14, Parish of Dean; thence south and west by the east and south boundaries of that allotment and south and south-easterly by the east boundary of the last-named parish to the Great Dividing Range; thence north­ easterly by that range to the west boundary of allotment 17, Parish of Korweingu- boora; thence north-westerly by that boundary and east by the north boundary of the said allotment and a road to the south-east angle of allotment B*, section Y, Parish of Wombat; thence north by a road and east and north by the south and east boundaries of allotment 13, section 3B, to the Great Dividing Range; thence north-easterly by that range to the south boundary of allotment 23, Parish of Bullarto; thence east by that boundary and south-easterly by the south boundary of allotment 24 to a point in line with the west boundary of allotment 25, thence south by a line, the said boundary and the west boundary of allotment Z to the south-west angle thereof; thence east by a road to the south-east angle of allotment G; thence north by a road to the north-west angle of allotment 1, section B; thence easterly by a road and the north boundary of allotment 6, and south-easterly and easterly by the Great Dividing Range to the west boundary of allotment F, Parish of Trentham, thence south­ westerly by that boundary and south-westerly, south-easterly, and north-easterly by the west, south, and east boundaries of allotment F1, Parish of Blackwood, to the south boundary of the Parish of Trentham; thence south-easterly and north-easterly by that boundary to the north-east angle of allotment 3, section M; thence westerly by the northern boundary of that allotment to the Great Dividing Range; thence north-easterly and south-easterly by that range to the west boundary of allotment 103F; thence north by that boundary and east by the north boundary of the said allotment to its north-east angle; thence northerly by a road to the south-west angle of allotment 77B; thence east by a road to the north-west angle of allotment 103P; thence southerly by a road to the south­ west angle of the last-mentioned allotment, and easterly by a road to the west boundary of allotment 103L; thence south and east by the west and south boundaries of that allotment to its south-east angle; thence south-easterly by a road to the north-west angle of allotment F1, section J; thence east and south by the north and east boundaries of that allotment and east by the south boundaries 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. of allotments 6, 7, and 17 to the south-east angle of the last-mentioned allotment; thence northerly by a road to the Great Dividing Range; thence south-easterly and generally north-easterly by that range to a point due north of the north-west angle of allotment 53B, Parish of Bullengarook; thence south by a direct line to the north-west angle of allotment 53B; thence south-easterly by a road and southerly by the western boundaries of allotments 53 and 44 and easterly by the south boundary of allotment 44 to a point due north of the north-east angle of allotment 43; thence south by a direct line to the north-east angle of allotment 43; thence westerly and southerly by a road to the Macedon River; thence westerly by that river to the north-west corner of allotment 42; thence south and east by the west and south boundaries of that allotment and southerly by the road forming the west boundary of allotment 58A to the road forming the north-western boundary of allotment 38c; thence south-westerly by that road and south-easterly by the south-west boundary of the said allotment to its south angle; thence south-westerly by a direct line to the north angle of allotment 36 and south-westerly by the north-west boundary of the said allotment and south-easterly by a road to the eastern angle of allotment 26A; thence westerly and south-westerly by the north and north-western boundaries of that allotment and south-westerly and southerly by Goodman's Creek to the road forming the north boundary of allotment 20B; thence east by that road, south and east by the road forming the west and south boundaries of the Bullengarook Pre-emptive Section and south by the road forming the west boundary of allotment 22E to its south-west angle, thence easterly by the south boundary of the Parish of Bullengarook to the Djerriwarrh Creek; thence southerly by that creek to its junction with the Werribee River; thence westerly by that river to the east boundary of the Parish of Parwan; thence south by that boundary and westerly by the south boundary of the said parish to the Balliang Creek; thence southerly by that creek to the road forming the north boundary of allotment 17, Parish of Balliang (Staughton Vale Estate); thence west by that road to the west boundary of the parish; thence south by that boundary to the north-east angle of allotment 2A, section B, Parish of Beremboke; thence west and south by a road to the north-east angle of allotment 5; thence west by the north boundaries of that allotment and allotment 8 to the north­ west angle of the latter allotment; thence westerly by a direct line to the south­ east angle of allotment 24E; thence westerly by the south boundaries of the last- named parish and the Parish of Ballark to the Moorarbool River; thence southerly by that river to the southern boundary of allotment 47, Parish of Meredith; thence westerly by that boundary, the south boundaries of allotment 46 and the Borhoneyghurk Pre-emptive Section, and a road to the north-west angle of allotment 133; thence southerly by the west boundaries of that allotment, allotments 132, 129, and 128, a road and a line in continuation thereof to the Geelong and Ballaarat Railway; thence south-easterly by that railway to the south boundary of the Parish of Coolebarghurk; thence westerly by that boundary and the south boundary of the Parish of Bamganie to the Yarrowee River; thence north-westerly by that river to the south boundary of the Parish of Enfield; thence westerly by that boundary and further westerly by the south boundary of the Parish of Lynchfield to Mount Misery Creek; thence south­ westerly by that creek and the Little Woady Yaloak Creek to the Woady Yaloak River; thence southerly by that river to Naringhil Creek; thence westerly by that creek to a point in line with the road forming the south-east boundary of allotment 3, section F (Werneth Estate), Parish of Wallinduc; thence south­ westerly by a line and that road to the south angle of that allotment; thence north-westerly by a road to the road forming the north boundary of the Parish of Wilgul North; thence west by that road and the road forming the north boundary of the Parish of Poliah North to the Gnarkeet Chain of Ponds at the east boundary of the County of Hampden; thence north-westerly by that chain of ponds to the road forming the north boundary of the Parish of Galla; thence west by that road to the road forming the east boundary of the Parish of Vite Vite; thence north by that road to Mount Emu Creek (being a point on the south boundary of the County of Ripon); thence generally westerly by the south boundary of the County of Ripon to Mount Abrupt; thence north­ easterly by the west boundary of the County of Ripon and northerly by the Grampians Range to Brigg's Bluff; thence north-east by a line to the west boun­ dary of the Parish of Ledcourt; thence north-westerly by that boundary to the west angle of allotment 212 in the said parish; thence north-easterly by a two- chain road to the east angle of allotment 201; thence northerly by a road to the 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. road forming the north boundary of the parish, and easterly by that road to the Wimmera River, and thence north-westerly by that river to the road forming the south boundary of the Parish of Marma, being the point of commencement.

BENDIGO PROVINCE. Commencing on the south boundary of the County of Rodney where it is intersected by the west boundary of the Parish of Wirrate; thence westerly and south-westerly by that county boundary to a point in line with the south boundary of allotment 16, section A, Parish of Redcastle; thence westerly by a line to the south-east angle of the said allotment; thence northerly by a road to the north-east angle of allotment 27; thence westerly by a road to the Redcastle Creek; thence northerly by that creek to its junction with Cornelia Creek; thence westerly by that latter creek to the road forming the south-west boundary of allotment 17; thence north-westerly by that road to the western angle of the said allotment; thence south-westerly by a road to the south-east angle of allotment 4, section 23, Mount Camel Estate; thence westerly by a road to the north-west angle of allotment 24, section C, Parish of Crosbie; thence northerly by a road to the road forming the north boundary of the parish; thence westerly by the latter road and the road forming the north boundaries of the Parishes of Weston and Axedale to the Campaspe River and further westerly by the south boundary of the Parish of Ellesmere to the south-west angle of that parish; thence southerly, westerly and south-westerly by a road to the eastern boundary of allotment 57B, Parish of Wellsford, and further westerly by a road to the west boundary of the parish; thence southerly by that boundary to the continuation of the road forming the south boundary of allotment 92F, Parish of Sandhurst; thence westerly by that road to the road forming the east boundary of the Racecourse Reserve; thence southerly by the latter road and westerly by the road forming the north boundary of the Township of White Hills to the water channel forming the eastern boundary of allotment 1, section 20A; thence north-westerly by that channel and Hyett-street to Andrew-street (City of Bendigo); thence north-easterly by Andrew-street to the north boundary of the City of Bendigo; thence north-westerly by that city boundary to the Bendigo Creek; thence northerly by that creek to Lean's-road at the north-east angle of allotment 5A, section 26, Parish of Huntly; thence westerly by Lean's-road to the south-west angle of allotment 17, section 20; thence northerly by a road to the north-west angle of allotment 3o, section 15; thence easterly by a road to the south-west angle of allotment 3A; thence northerly by the west boundaries of that allotment and allotment 1, and west by a road to the south-west angle of allotment 15, section 10; thence northerly by the road forming the east boundary of the Parish of Neilborough to the north-east angle of allotment 1, section M, in the said parish; thence westerly by a road to the road forming the east boundary of the Parish of Salisbury; thence southerly by that road to the south­ east angle of allotment 5, section 15, in the said parish; thence westerly by a road to Bullock Creek, and further westerly by a road to the Loddon River; thence southerly by that river and south-westerly by the Bet Bet Creek to the north boundary of allotment 10, section 3A, Parish of Wareek; thence west by that boundary, and south-westerly by a road to the south angle of allotment 9, section 2A; thence north by a road to the south boundary of allotment 7, section 1A; thence west by that boundary and the south boundaries of allotments 8, 9, 10, 11, and 12, and south by a road to the north-east angle of allotment 3B, section 3; thence west by a road to the north-east angle of allotment 2; thence south by the east boundaries of that allotment and allotment 7, and west by a road to the road forming the west boundary of the parish; thence south by that road to the north-east angle of allotment 26, Parish of Raths:ar; thence west by a road to the west boundary of the said allotment, and south by that boundary and the west boundaries of allotments 27 and 29 to the south angle of the last-mentioned allotment; thence south-westerly by a road to the north­ west angle of allotment 43; thence south by a road to the road forming the north boundary of the Township of Bung Bong, and east by that road to Bet Bet Creek; thence generally southerly by that creek to the north boundary of the Woodstock Pre-emptive Section, Parish of Lillicur, thence east by a road, the north boundary of allotment 16, section 3, and a road to the north-east angle of allotment 18; thence south by a road to the south-east angle of allotment 26; thence east by the south boundary of the last-named parish to the west boundary of the Parish of Amherst; thence south by that boundary and east by the south 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. boundaries of the said parish and the Parishes of Eglinton and Glengower to the south-east angle of allotment 16D in the last-named parish; thence north and north-easterly by a road to the north-west angle of allotment 42 (Glengower Estate), Parish of Glengower; thence generally easterly by the south boundary of the Parish of Rodborough to Joyce's or Deep Creek; thence south-easterly by that creek to the continuation of the road forming the north boundary of allotment 18A, Parish of Wombat; thence south-westerly by that road to the north-east angle of the last-mentioned allotment; thence south-easterly and south-westerly by the east and south boundaries of that allotment to its south­ west angle; thence south-westerly by a direct line to the north-east angle of allotment 104F, Parish of Bullarook; thence generally south-easterly and southerly by the east boundary of the last-named parish to the south-east angle of allotment 118c; thence west and north by the south and west boundaries of that allotment, west by the south boundary of allotment 118B, and south by the east boundary of allotment 119B to the Rocky Lead Creek; thence easterly by that creek to the east boundary of the allotment 3, section 14, Parish of Dean; thence south and west by the east and south boundaries of that allotment and south and south-easterly by the east boundary of the last-named parish to the Great Dividing Range; thence north-easterly by that range to the west boundary of allotment 17, Parish of Korweinguboora; thence north-westerly by that boundary and east by the north boundary of the said allotment and a road to the south-east angle of allotment B*, section Y, Parish of Wombat, thence north by a road and east and north by the south and east boundaries of allotment 13, section 3B, to the Great Dividing Range; thence north-easterly by that range to the south boundary of allotment 23, Parish of Bullarto, thence east by that boundary and south-easterly by the south boundary of allotment 24 to a point in line with the west boundary of allotment 25; thence south by a line, the said boundary and the west boundary of allotment Z to the south-west angle thereof; thence east by a road to the south-east angle of allotment G; thence north by a road to the north-west angle of allotment 1, section B; thence easterly by a road and the north boundary of allotment 6, and south-easterly and easterly by the Great Dividing Range to the west boundary of allotment F, Parish of Trentham; thence south-westerly by that boundary, and south-westerly, south-easterly, and north-easterly by the west, south and east boundaries of allotment F1, Parish of Blackwood, to the south boundary of the Parish of Trentham; thence south-easterly and north-easterly by that boundary to. the north-east angle of allotment 3, section M; thence westerly by the northern boundary of that allotment to the Great Dividing Range; thence north-easterly and south-easterly by that range to the west boundary of allotment 103F; thence north by that boundary and east by the north boundary of the said allotment to its north-east angle; thence northerly by a road to the south-west angle of allotment 77B; thence east by a road to the north-west angle of allotment 103P; thence southerly by a road to the south-west angle of the last-mentioned allotment, and easterly by a road to the west boundary of allotment 103L; thence south and east by the west and south boundaries of that allotment to its south-east angle; thence south-easterly by a road to the north-west angle of allotment F1, section J; thence east and south by the north and east boundaries of that allotment, and east by the south boundaries of allotments 6, 7, and 17, to the south-east angle of the last-mentioned allotment; thence northerly by a road to the Great Dividing Range; thence south-easterly and generally norm-easterly by that range to a point due north of the north-west angle of allotment 53B, Parish of Bullengarook; thence south by a direct line to the north-west angle of allotment 53B: thence south-easterly by a road and southerly by the western boundaries of allotments 53 and 44 and easterly by the south boundary of allotment 44 to a point due north of the north-east angle of allotment 43; thence south by a direct line to the north-east angle of allotment 43; thence westerly and southerly by a road to the Macedon River; thence westerly by that river to the north-west corner of allotment 42; thence south and east by the west and south boundaries of that allotment and southerly by the road forming the west boundary of allotment 58A to the road forming the north-western boundary of allotment 38c; thence south-westerly by that road and south-easterly by the south-west boundary of the said allotment to its south angle; thence south­ westerly by a direct line to the north angle of allotment 36 and south-westerly by the north-west boundary of the said allotment and south-easterly by a road to the eastern angle of allotment 26A; thence westerly and south-westerly by the north and north-western boundaries of that allotment and south-westerly and VOL. II.—15 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. southerly by Goodman's Creek to the road forming the north boundary of allotment 20B; thence east by that road, south and east by the road forming the west and south boundaries of the Bullengarook Pre-emptive Section and south by the road forming the west boundary of allotment 22E to its south-west angle, thence easterly by the south boundary of the Parish of Bullengarook to the Djerriwarrh Creek, northerly by that creek and easterly by the southern boundary of the Parish of Gisborne to the Kororoit Creek (Western Branch); thence south-easterly by that creek and east by the south boundary of the Parish of Buttlejorrk to the Calder-highway; thence north-westerly by that highway and northerly by the west boundary of the last-named parish to the Macedon River; thence easterly by that river and the northern boundary of the Parish of Bollinda and northerly by the eastern boundary of the Parish of Havelock to the Deep Creek (or Saltwater River); thence north-easterly by that creek and northerly by Boyd's Creek to the road forming the north boundaries of allotments 51, 48, and 47, Parish of Bylands; thence easterly by that road to the south angle of allotment 82; thence north by the east boundary of that allotment and northerly by a road to the south boundary of allotment 111; thence west by that boundary and north by the west boundary of the said allotment to its north-west angle; thence easterly by a road to the south-east angle of allotment 11, section E; thence southerly by the road from Kilmore East to Wallan Wallan to a point in line with the north boundary of allotment 158; thence easterly by a line, and easterly, north-easterly, and south-easterly by a road to the south-east angle of allotment 158A; thence north-easterly and generally south­ easterly by the Great Dividing Range to the western boundary of the Parish of Kinglake; thence northerly by that boundary and easterly by the north boundary of the said parish to the King Parrot Creek; thence northerly by that creek to its junction with the Goulburn River; thence easterly by that river to the west boundary of allotment 2, Parish of Ghin Ghin; thence northerly and easterly by a road to the north-east angle of allotment 15D; thence northerly and westerly by the east and north boundaries of allotment Ac to the west boundary of allotment 4D; thence northerly by that boundary and north-easterly by a road to the road forming the west boundary of allotment 79A; thence northerly by that road to the north-west angle of the said allotment; thence generally easterly by the north boundary of the parish to the road forming the east boundary of allotment 8, section C, Parish of Kobyboyn; thence northerly by that road, easterly by the Highlands-road to the south-east angle of allotment 10, northerly by the east boundaries of that allotment and allotment 9 and easterly and northerly by a road to the north boundary of allotment 2; thence westerly by that boundary to Boundary Creek; thence northerly by that creek to Hughes Creek; thence generally easterly, northerly and again easterly by that creek, easterly and northerly by Emu Waterholes Creek, and north­ westerly by Grassy Creek to the south boundary of the Parish of Ruffy; thence northerly by a road to the north-west angle of allotment 12, section B, in the said parish; thence westerly and south-westerly by a road to the south angle of allotment 19, and northerly by a road to the south angle of allotment 18, section H, Parish of Longwood; thence north-westerly, northerly and westerly by the south boundary of the said parish to the south-west angle of allotment 20; thence north-westerly by a road to the north-west angle of allotment 16, section 3, Parish of Tarcombe; thence northerly by a road to the south boundary of the Town of Longwood; thence west and north by the south and west boundaries of the said town to the Hume-highway; thence north-easterly by that highway to the south boundary of the Parish of Branjee; thence westerly by that boundary and the south boundaries of the Parishes of Pranjip and Bunganail to the road forming the eastern boundary of allotment 2, section B, Parish of Monea North; thence southerly by that road to the road forming the northern boundary of allotment 2, section A; thence westerly by that road to the south-west angle of allotment 33A, Parish of Tabilk; thence northerly by the road forming the western boundary of that allotment to its north-west angle; thence westerly by a road to the Goulburn River; thence northerly by that river to the junction of the Sandy Creek; thence westerly and north-westerly by that creek to a point in line with the northern boundary of allotment 11, section B, Parish of Wirrate; and thence north-westerly by a line, that boundary, and the northern boundaries of allotments 10 and 12, and further north-westerly and westerly by the south boundary of the County of Rodney to the west boundary of the Parish of Wirrate, being the point of commencement. 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. DOUTTA GALLA PROVINCE. Commencing on the Moonee Ponds Creek where the north boundary of section 1, Parish of Will-will-rook abuts thereon; thence easterly by that boun­ dary and the north boundary of section 2 to East-street; thence southerly by East- street to South-street; thence easterly by South-street to Sussex-street; thence southerly by Sussex-street to the north boundary of the City of Coburg; thence westerly by that city boundary to Northumberland-road; thence southerly by Northumberland-road to Gaffney-street; thence westerly by Gaffney-street to the Moonee Ponds Creek; thence south-easterly by the Moonee Ponds Creek to Moreland-road West; thence easterly by Moreland-road West and Moreland- road East to the Merri Creek; thence south-easterly by the Merri Creek to Queen's-parade; thence south-westerly by Queen's-parade to Napier-street; thence northerly by Napier-street to Freeman-street; thence westerly by Freeman- street to Nicholson-street; thence southerly by Nicholson-street to Faraday- street; thence westerly by Faraday-street to Swanston-street; thence southerly by Swanston-street to Grattan-street; thence westerly by Grattan-street to Elizabeth-street; thence southerly by Elizabeth-street to Flemington-road; thence north-westerly by Flemington-road to Dryburgh-street; thence southerly by Dryburgh-street to Victoria-street; thence westerly by Victoria-street and a line in continuation thereof to the Williamstown railway; thence westerly by that railway to the Maribyrnong River; thence generally north-westerly by the Maribyrnong River to the west boundary of the City of Essendon; thence northerly by the west boundary of the City of Essendon, Treadwell-road, and a line in continuation thereof to the south angle of allotment D, section 22, Parish of Doutta Galla; thence north-easterly by Bulla-road to the south boundary of the Parish of Tullamarine; thence easterly by that boundary to the Moonee Ponds Creek; and thence northerly by the Moonee Ponds Creek to the north boundary of section 1, Parish of Will-will-rook, being the point of commencement.

EAST YARRA PROVINCE. Commencing on Gardiner's Creek at Warrigal-road; thence northerly by Warrigal-road to Highbury-road; thence easterly by Highbury-road to Middle- borough-road; thence northerly by Middleborough-road to the Koonung Koonung Creek; thence westerly by the Koonung Koonung Creek to the Yarra River; thence generally south-westerly and south-easterly by the Yarra River to Gardiner's Creek; and thence generally south-easterly and north-easterly by the existing channel of Gardiner's Creek to Warrigal-road, being the point of commencement.

GIPPSLAND PROVINCE. Commencing on the sea coast where the east boundary of the County of Mornington abuts thereon; thence northerly by that county boundary to the north-west angle of allotment 58, Parish of Kirrak; thence easterly by a road and the south boundary of allotment 57 to the south-east angle of that allotment; thence northerly by a road, easterly by the south boundaries of allotments 12 and 9, and northerly by the east boundary of the latter allotment and a road to the main road from Inverloch to Wonthaggi; thence westerly by the latter road to the south-east angle of allotment 25; thence northerly and easterly by a road to the north-west angle of allotment 47, and northerly by a road to the boundary between the Counties of Mornington and Buln Buln at the north-west angle of allotment 41A; thence easterly, northerly, easterly, northerly and again easterly and northerly by that county boundary to the north-west angle of allotment 51A, Parish of Leongatha; thence east, north, and easterly by a road to the south­ west angle of allotment 72D, Parish of Korumburra; thence northerly by a road, the west boundaries of allotments 52c, 52B, and 52A, a road and a line to the South-Eastern Railway; thence easterly by that railway to a point in line with the east boundary of allotment 56A; thence northerly by a line, that boundary, a line, and the west boundary of allotment 55 to the north-west angle thereof; thence north-westerly by a road to the west angle of allotment 57A; thence easterly by a road, and northerly by the west boundaries of allotments 58 and 58A to the north angle of the latter allotment; thence south-easterly by a road 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. and northerly by the east boundary of allotment 81 and a road to the south­ west angle of allotment 80c; thence easterly by a road to the south-east angle of allotment 80B; thence northerly by the east boundary of that allotment and a line to the Wild Dog Valley-road; thence northerly by that road to the south boundary of allotment 87A, Parish of Allambee; thence easterly by that boundary and north-easterly by a road to the south angle of allotment 81c; thence northerly by the west boundary of that allotment and westerly by the south boundaries of allotments 77B and 76 to the south-west angle of the latter allotment; thence north by a road to the north-east angle of allotment 74B; thence west by a road to the western boundary of the parish at the south-west angle of allotment 10; thence southerly by that boundary to the road forming the south boundary of allotment 46A, Parish of Poowong East; thence westerly by that road and the north boundary of allotment 45 to its north-west angle; thence southerly by the west boundary of that allotment to the north-east angle of allotment 43B; thence westerly by the north boundaries of that allotment and allotment 43A to the east boundary of allotment 38; thence north by that boundary and west by the north boundary of that allotment to the west boundary of allotment 38A; thence north by that boundary and the west boundary of allotment 39 to the north boundary of allotment 30A; thence west by that boundary and the north boundary of allotment 30 and north by the west boundary of the Parish of Poowong East to the Lang Lang River; thence north-westerly by that river to a point in line with the south boundary of allotment 85D, Parish of Longwarry; thence west by a line and the south boundaries of allotments 85D and 85c and south by a road to the south boundary of the parish; thence west by that boundary to Pheasant Creek; thence southerly by that creek to the road forming the north boundary of allotment 61A, Parish of Poowong; thence west by that road to the south-west angle of allotment 51, Parish of Lang Lang East; thence north, west and again north by a road to the Lang Lang River; thence westerly by that river to a point in line with the east boundary of allotment 30, Parish of Yannathan; thence north by a line and a road and south-westerly by a two-chain road to the west boundary of allotment 32; thence north by that boundary and a road to the south boundary of allotment 69; thence west by that boundary and north by the west boundary of the said allotment to the north-east angle of allotment 70; thence west by the north boundary of that allotment and north by the west boundary of allotment 107 to the north-west angle of the last-mentioned allotment; thence westerly by a road to the south-east angle of allotment 57; thence north by a road to the north-east angle of the said allotment; thence north-easterly by a road to the Melbourne to Sale Railway, on the west boundary of the Township of Longwarry; thence north-westerly by that railway to the Bunyip River; thence northerly by that river to its source on the south boundary of the County of Evelyn, thence generally north-easterly and northerly by that county boundary to the Great Dividing Range; thence generally easterly and north-easterly by that range to Mount Hotham; thence north-easterly by the watershed of the Kiewa River to Mount Bogong; thence south-easterly by the watershed of the Snowy Creek to Mount Wills and north-easterly by that watershed to Mount Cooper; thence north-easterly by a direct line to Mount Gibbo; thence south-easterly to a point on the Murray River in direct line between Mount Gibbo and Forest Hill; thence generally southerly and easterly by that river and south-easterly by the State boundary to the sea coast at Cape Howe; and thence generally south-westerly, southerly and north-westerly by the sea coast to the east boundary of the County of Mornington, being the point of commencement. (To include the islands adjacent to the sea coast.)

HIGINBOTHAM PROVINCE. Commencing on the shore of Port Phillip Bay where North-road abuts thereon; thence easterly by North-road to Point Nepean-road; thence south-easterly by Point Nepean-road to Union-street; thence easterly and south-easterly by Union-street to Thomas-street; thence northerly by Thomas-street and Barnbra- road to Balaclava-road; thence easterly by Balaclava-road to Park-crescent; thence north-westerly by Park-crescent to Inkerman-road; thence westerly by Inkerman- road to Mayfield-grove; thence northerly by Mayfield-grove to Normanby- itjad; thence north-westerly by Normanby-road to Dandenong-road; thence north- westerlv by Dandenong-road to Kooyong-road; thence northerly by Kooyong-road to the Yarra River; thence easterly by the Yarra River to Gardiner's Creek; thence 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. south-easterly and north-easterly by the existing channel of Gardiner's Creek to Warrigal-road; thence southerly by Warrigal-road to Waverley-road; thence easterly by Waverley-road to Box Hill-road;-thence southerly by Box Hill-road, Irvine-street, and Victoria-avenue to Centre-road; thence westerly by Centre- road to Warrigal-road; thence southerly by Warrigal-road to South-road; thence westerly by South-road to Tucker-road; thence northerly by Tucker- road to Patterson-road; thence westerly by Patterson-road to Point Nepean- road; thence south-easterly by Point Nepean-road to Cummins-road; thence southerly by Cummins-road to South-road; thence westerly by South-road to Bluff-road; thence southerly by Bluff-road to Highett-road; thence westerly by Highett-road, Bridge-street, and a line in continuation thereof to the shore of Port Phillip Bay; and thence north-westerly by that shore to North-road, being the point of commencement.

MELBOURNE PROVINCE. Commencing at the junction of the Maribymong River and the Coode Canal; thence easterly by the Coode Canal and generally easterly and north-westerly by the Yarra River to the Merri Creek; thence northerly by the Merri Creek to Roseneath-street; thence westerly by Roseneath-street, South-terrace and Page- street to Wellington-street; thence northerly by Wellington-street to Queen's- parade; thence south-westerly by Queen's-parade to Napier-street; thence northerly by Napier-street to Freeman-street; thence westerly by Freeman- street to Nicholson-street; thence southerly by Nicholson-street to Faraday-street; thence westerly by Faraday-street to Swanston-street; thence southerly by Swanston-street to Grattan-street; thence westerly by Grattan-street to Elizabeth-street; thence southerly by Elizabeth-street to Flemington-road; thence north-westerly by Flemington-road to Dry- burgh-street; thence southerly by Dryburgh-street to Victoria-street; thence westerly by Victoria-street and a line in continuation thereof to the Williamstown railway; thence westerly by that railway to the Maribymong River; and thence southerly by the Maribymong River to the Coode Canal, being the point of commencement.

Mi;i BOURNE NORTH PROVINCE. Commencing on the Merri Creek where the north boundary of the City ot Preston abuts thereon; thence southerly by the Merri Creek to the north boundary of the City of Coburg; thence westerly by the north boundary of the City of Coburg to Northumberland-road; thence southerly by Northumber­ land-road to Gaffney-street; thence westerly by Gaffney-street to the Moonee Ponds Creek; thence southerly by the Moonee Ponds Creek to Moreland-road West; thence easterly by Moreland-road West and Moreland-road East to the Merri Creek; thence south-easterly by the Merri Creek to Queen"s-parade; thence south-westerly by Queen's-parade to Wellington-street; thence southerly by Wellington-street to Page-street; thence easterly by Page-street, South-terrace, and Roseneath-street to the Merri Creek; thence southerly by the Merri Creek to the Yarra River; thence south-easterly, northerly and generally north-easterly by the Yarra River to the Plenty River; thence northerly by the Plenty River to the north boundary of Crown portion 8, Parish of Keelbundora; thence westerly by the north boundaries of Crown portions 8 and 9 and a line to the Upper Plenty-road; thence north-easterly by the Upper Plenty-road to the north boundary of the City of Preston; and thence westerly by that city boundary to the Merri Creek, being the point of commencement.

MELBOURNE WEST PROVINCE. Commencing on the Maribymong River where the west boundary of the City of Essendon abuts thereon; thence northerly by the west boundary of the City of Essendon to Buckley-street; thence westerly by Buckley-street to the north-east angle of allotment A, section 9, Parish of Doutta Galla; thence south-westerly and south-easterly by the road forming the eastern boundary of the last-mentioned allotment to the Maribymong River; thence southerly by 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. the Maribyrnong River to Clarendon-street; thence westerly by Clarendon-street and the north boundary of section 19, Parish of Cut-paw-paw, to the west boundary of the last-named parish; thence southerly by that boundary and Mclntyre-road to the Ballaarat-road; thence westerly by the Ballaarat-road to the Kororoit Creek; thence generally south-easterly by the Kororoit Creek to the Geelong-road; thence north-easterly by the Geelong-road and easterly by Francis- street to the west boundary of the City of Footscray; thence southerly by that city boundary and easterly by the south boundary of the said city, Watson- street, and The Avenue to Stephenson-street; thence southerly by Stephenson- street to Blackshaw's-road; thence easterly by Blackshaw's-road to Johnston- street; thence southerly by Johnston-street to Mason-street; thence westerly by Mason-street to Challis-street; thence southerly by Challis-street and a line in continuation thereof to the shore of Port Phillip Bay; thence easterly by the shore of Port Phillip Bay and generally northerly and south-easterly by the shore of Hobson's Bay to a point in line with Fitzroy-street; thence north­ easterly by a line and Fitzroy-street to St. Kilda-road; thence north-westerly by St. Kilda-road to the Yarra River; thence westerly by the Yarra River and the Coode Canal to the Maribyrnong River; and thence generally northerly and north-westerly by the Maribyrnong River to the west boundary of the City of Essendon, being the point of commencement.

MONASH PROVINCE. Commencing on the shore of Port Phillip Bay where North-road abuts thereon; thence easterly by North-road to Point Nepean-road; then south-easterly by Point Nepean-road to Union-street; thence easterly and south-easterly by Union-street to Thomas-street; thence northerly by Thomas-street and Bambra- road to Balaclava-road; thence easterly by Balaclava-road to Park-crescent; thence north-westerly by Park-crescent to Inkerman-road; thence westerly by Inkerman-road to Mayfield-grove; thence northerly by Mayfield-grove to Normanby-road; thence north-westerly by Normanby-road to Dandenong-road; thence north-westerly by Dandenong-road to Kooyong-road; thence northerly by Kooyong-road to the Yarra River: thence westerly by the Yarra River to St. Kilda-road; thence south-easterly by St. Kilda-road to Fitzroy-street; thence south-westerly by Fitzroy-street and a line in continuation thereof to the shore of Hobson's Bay; and thence south-easterly by the shore of Hobson's Bay and the shore of Port Phillip Bay to North-road, being the point of commencement.

NORTHERN PROVINCE. Commencing at the junction of the Little Murray River with the Murray River; thence south-easterly, northerly and easterly by the Murray River to the west boundary of the Parish of Ulupna; thence southerly by that boundary to the north-west angle of allotment 52, section C, in the said parish; thence easterly by a road to the road forming the west boundary of the Parish of Strathmerton; thence northerly by that road to the south-west angle of allotment 3, section C, in the last-named parish; thence easterly by a road to the road forming the west boundary of allotment 125, section S; thence south by that road to the south­ west angle of that allotment; thence east, south, and east by a road to the road forming the east boundary of the parish; thence south by the latter road to the road forming the north boundary of the Parish of Naringaningalook; thence easterly by that road and the road forming the north boundary of the Parish of Katamatite and southerly by the road forming the east boundaries of the said parish and the Parishes of Youanmite and Yabba Yabba to the road forming the north boundary of the Parish of Dookie: thence westerly by that road and southerly by the road forming the east boundary of the Parish of Pine Lodge to the Broken River; thence westerly by that river to a point in line with the east boundary of allotment 17, Parish of Caniambo; thence southerly by a line and a road to the north-east angle of allotment 21B; thence westerly by a road to the north-west angle of allotment 28; thence southerly by a road to the south­ east angle of allotment 41A; thence westerly by a road to the north-west angle of allotment 42A; thence southerly by the road forming the west boundaries of the last-named parish and the Parish of Tamleugh to the south-west angle of the 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. latter parish; thence westerly by the Violet Town to Murchison-road to the north-west angle of allotment 74, Parish of Molka; thence southerly by a road to the north-west angle of allotment 65; thence westerly by a road to the north­ east angle of allotment 53B, section N, Parish of Dargalong; thence south by a road to the south-east angle of allotment 46B; thence west by a road and a line to the Goulburn River; thence westerly and south-westerly by that river to a point in line with the road forming the north-eastern boundary of allotment 49c, Parish of Murchison; thence north-westerly by a line and that road to the north angle of the said allotment; thence south-westerly by a road to the south-east angle of allotment 13; thence westerly by the north boundaries of the Parishes of Noorilim, Bailieston, and Wirrate and southerly by the west boundary of the last-named parish to the south boundary of the County of Rodney; thence westerly and south-westerly by that county boundary to a point in line with the south boundary of allotment 16, section A, Parish of Redcastle; thence westerly by a line to the south-east angle of the said allotment; thence northerly by a road to the north-east angle of allotment 27; thence westerly by a road to the Redcastle Creek; thence northerly by that creek to its junction with Cornelia Creek; thence westerly by the latter creek to the road forming the south-west boundary of allotment 17; thence north-westerly by that road to the western angle of the said allotment; thence south-westerly by a road to the south-east angle of allotment 4, section 23, Mount Camel Estate; thence westerly by a road to the north-west angle of allotment 24, section C. parish of Crosbie; thence northerly by a road to the road forming the north boundary of the parish; thence westerly by the latter road and the road forming the north boundaries of the Parishes of Weston and Axedale to the Campaspe River and further westerly by the south boundary of the Parish of Ellesmere to the south-west angle of that parish; thence southerly, westerly and south-westerly by a road to the eastern boundary of allotment 57B, Parish of Wellsford, and further westerly by a road to the west boundary of the parish; thence southerly by that boundary to the continuation of the road forming the south boundary of allotment 92F, Parish of Sandhurst; thence westerly by that road to the road forming the east boundary of the Racecourse Reserve; thence southerly by the latter road and westerly by the road forming the north boundary of the Township of White Hills to the water channel forming the eastern boundary of allotment 1, section 20A; thence north-westerly by that channel and Hyett-street to Andrew-street (City of Bendigo); thence north-easterly by Andrew-street to the north boundary of the City of Bendigo; thence north-westerly by that city boundary to the Bendigo Creek; thence northerly by that creek to Lean's-road at the north-east angle of allotment 5A, section 26, Parish of Huntly; thence westerly by Lean's-road to the south-west angle of allotment 17, section 20; thence northerly by a road to the north-west angle of allotment 3G, section 15; thence easterly by a road to the south-west angle of allotment 3A; thence northerly by the west boundaries of that allotment and allotment 1, and west by a road to the south-west angle of allotment 15, section 10; thence northerly by the road forming the east boundary of the Parish of Neilborough to the north-east angle of allotment 1, section M, in the said parish; thence westerly by a road to the road forming the east boundary of the parish of Salisbury; thence southerly by that road to the south-east angle of allotment 5, section 15, in the said parish; thence westerly by a road to Bullock Creek, and further westerly by a road to the Loddon River; thence southerly by that river and south-westerly by the Bet Bet Creek to the east boundary of allotment 41, section 2, Parish of Bet Bet; thence north and westerly by the north boundary of the said parish to the Dunolly-Avoca road at the north-west angle of allotment 2, section 3B; thence south-westerly by that road to the south angle of allotment 11, section A, Parish of Natteyallock; thence north-westerly, westerly, and south by the south boundary of the said parish to the south-east angle of allotment 12, section 4; thence west by a road to the north-west angle of allotment 2, section 3, and south by a road to the south boundary of allotment 3A, section 1; thence west by that boundary and north by a road to the north-east angle of allotment 8A, section 1; thence west by a road and a line to the Avoca River; thence northerly by that river to the south boundary of the Rathscar Pre-emptive Section, Parish of Moyreisk; thence west by that boundary and the south boundary of allotment 34B, section 1, to its south-west angle; thence north-westerly by a road to the south-east angle of allotment 31; thence west by a road to the eastern angle of allotment 39B; thence south-westerly by a road to the south-east angle of allotment 13, Parish of Redbank; thence north by a road to the south-east angle 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. of allotment 23; thence west by a road to the southern angle of allotment 31; thence north by a road to the north-east angle of allotment 33c; thence west by the north boundaries of that allotment and allotment 33B to the east boundary of allotment 34E; thence south by that boundary, and west, north, and again west by a road to the south-west angle of allotment 34D; thence north by a road to the north-east angle of allotment 35; thence west by a road to the North Western-highway; thence northerly by that highway to the road forming the north boundary of allotment 7E, section G; thence westerly by that road to the south-west angle of allotment 71; thence west by a line to the east boundary of the Parish of Barkly; thence north and west by the east and north boundaries of that parish, and westerly by the north boundary of the Parish of Navarre to the three-chain road from Navarre to Wallaloo; thence north­ westerly by that road to the south-west angle of allotment 4, section 2. Parish of Morrl Morrl; thence easterly, northerly, and westerly by the south, east, and north boundaries of that allotment to the road from Navarre to Wallaloo; thence northerly by that road to the north-east angle of allotment 3, section 2; thence westerly and southerly by the road forming the north and west boundaries of that allotment and the west boundary of allotment 3A, section 2, to the south boundary of the Parish of Warngar; thence westerly by that boundary to the east boundary of the Parish of Bolangum: thence northerly by a road to the road forming the south boundary of the Parish of Wallaloo; thence westerly by that road to the road forming the east boundry of the Parish of Callawadda; thence northerly by that road to the road forming the south boundary of the Parish of Wirchilleba; thence westerly by that road to the south-west angle of allotment 191 in the last-named parish: thence northerly by the west boundary of that allotment and a line to the Richardson River; thence north-westerly, north-easterly, and northerly by that river to its junction with the Avon River; thence north-easterly by the Avon River to the south boundary of the Parish of Donald; thence easterly and northerly by the south and east boundaries of that parish, and further northerly by the east boundary of the Parish of Jeffcott to the south-east angle of allotment 72 in the last-named parish; thence westerly and northerly by the south and west boundaries of that allotment, and further northerly by the west boundary of allotment 72A to its north-west angle; thence westerly and northerly by the south and west boundaries of allotment 90 to the north-east angle of allotment 91; thence westerly by a road and northerly by the east boundary of allotment 88 to the Borung-highway; thence south-westerly by that highway to the south-east angle of allotment 99; thence northerly by a three-chain road to the north-west angle of allotment 111; thence easterly and northerly by the south and east boundaries of the Parish of Corack East to the road forming the southern boundary of the Parish of Teddywaddy; thence easterly northerly and again easterly by that road to the north-west angle of allotment 67A; thence southerly and south-easterly by a road to the south-east angle of that allotment; thence northerly, north-easterly and again northerly by a road to the south boundary of the Parish of Wycheproof; thence easterly by that boundary to the Avoca River; thence southerly by that river to the road forming the south boundary of allotment 46, parish of Narrewillock; thence easterly by that road to the south-east angle of allotment 12; thence southerly by a road to the south-west angle of allotment 11; thence easterly by a road to the road forming the west boundary of the Parish of Terrappee; thence northerly by that road, and westerly by the road forming the south boundary of the Parish of Marmal to the road forming the west boundary of that parish; thence northerly, westerly, and northerly by that road and easterly by the road forming the north boundary of the said parish to the south-east angle of allotment 15, section 3, Parish of Quambatook; thence northerly by a road to the south boundary of allotment 39, section 3; thence northerly by the Mosquito Creek to its junction with the Avoca River; thence northerly by that river to the south boundary of the Water Supply Reserve, Parish of Towaninny; thence westerly by that boundary and southerly by a road to the south-east angle of allotment 8, section 2, Parish of Towaninny; thence west by a road to the south-east angle of allotment 29; thence north by a road to the north-east angle of allotment 39; thence west by a road to the south-west angle of allotment 44; thence northerly by a road to the south angle of allotment 68, Parish of Cannie; thence north by the eastern boundaries of that allotment and allotment 68A to the north-east angle of the latter allotment; thence west by a road to the east boundary of allotment 74; thence north by that boundary to the north-east angle of the said 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. allotment; thence west by a road to the south-west angle of allotment 2A, section 1, Parish of Tittybong; thence north by a road to the south-east angle of allotment 5, section 1; thence westerly by a road, a line, and road to the north­ west angle of allotment 89, Parish of Kalpienung, thence northerly by a road to the north-east angle of allotment 61: thence west by a road to the south­ west angle of allotment 9, Parish of Toort; thence north by a road to the north-west angle of allotment 12; thence easterly, northerly and again easterly by the road forming the north boundary of the Parish of Toort to the road forming the west boundary of the Parish of Lalbert; thence northerly by the last-mentioned road, easterly by the road forming the north boundary of the said parish and further easterly by the road forming the north boundaries of the Parishes of Gnarwee and Korrak Korrak to the west boundary of the Parish of Boga; thence northerly by that boundary to the south-west angle of allotment 5, section 4, in the last-named parish; thence easterly by a road to the Murray Valley-highway; thence north-westerly by the Murray Valley-highway to the south boundary of allotment 6B, section 3; thence easterly by that boundary, the south boundaries of allotments 6A and 6, and a line to the road forming the west boundary of allotment 24, section 1, Parish of Benjeroop (Winlaton Estate); thence southerly by that road to the south-west angle of the said allotment; thence easterly by a road to the south-east angle of allotment 17, thence northerly, easterly, and again northerly by a road to the Loddon River; thence generally north-westerly by that river to its junction with the Little Murray River, and thence generally north-easterly by the Little Murray River to its junction with the Murray River, being the point of commencement.

NORTH-EASTERN PROVINCE Commencing on the Murray River where the west boundary of the Parish of Ulupna abuts thereon; thence southerly by that boundary to the north­ west angle of allotment 52, section C, in the said parish; thence easterly by a road to the road forming the west boundary of the Parish of Strathmerton; thence northerly by that road to the south-west angle of allotment 3, section C, in the last-named parish; thence easterly by a road to the road forming the west boundary of allotment 125, section S; thence south by that road to the south-west angle of that allotment; thence east, south and east by a road to the road forming the east boundary of the parish; thence south by the latter road to the road form­ ing the north boundary of the Parish of Naringaningalook; thence easterly by that road and the road forming the north boundary of the Parish of Katamatite and southerly by the road forming the east boundaries of the said parish and the Parishes of Youanmite and Yabba Yabba to the road forming the north bounday of the Parish of Dookie; thence westerly by that road and southerly by the road forming the east boundary of the Parish of Pine Lodge to the Broken River; thence westerly by that river to a point in line with the east boundary of allotment 17, Parish of Caniambo; thence southerly by a line and a road to the north­ east angle of allotment 21B; thence westerly by a road to the north-west angle of allotment 28; thence southerly by a road to the south-east angle of allotment 41A; thence westerly by a road to the north-west angle of allotment 42A; thence southerly by the road forming the west boundaries of the last-named parish and the Parish of Tamleugh to the south-west angle of the latter parish; thence westerly by the Violet Town to Murchison-road to the north-west angle of allotment 74, Parish of Molka; thence southerly by a road to the north-west angle of allotment 65; thence westerly by a road to the north-east angle of allotment 53B, section N, Parish of Dargalong; thence south by a road to the south-east angle of allotment 46B; thence west by a road and a line to the Goulburn River; thence westerly and south-westerly by that river to a point in line with the road forming the north-eastern boundary of allotment 49c, Parish of Murchison; thence north-westerly by a line and that road to the north angle of the said allotment; thence south-westerly by a road to the south-east angle of allotment 13; thence westerly by the north boundaries of the Parishes of Noorilim, Bailieston, and Wirrate and southerly by the west boundary of the last-named parish to the south boundary of the County of Rodney; thence easterly and south-easterly by that county boundary and further south-easterly by the northern boundaries of allotments 12, 10, and 11, section B, Parish of Wirrate, and a line in continuation thereof to the Sandy Creek; thence south­ easterly and easterly by that creek to its junction with the Goulburn River; 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. thence southerly by that river to the road forming the north boundary of allotment 32A, Parish of Tabilk; thence easterly by that road to the road forming the western boundary of allotment 33A, and southerly by that road to the south­ west angle of the last-mentioned allotment: thence easterly by a road to the north-east angle of allotment 2, section A, Parish of Monea North; thence northerly by a road to the south boundary of the Parish of Bunganail; thence easterly by that boundary and the south boundaries of the Parishes of Pranjip and Branjee to the Hume-highway; thence south-westerly by that highway to the west boundary of the Town of Longwood; thence south by that boundary and east by the south boundary of that town to the north-west angle of allotment 10, section E, Parish of Longwood; thence southerly by a road to the north-west angle of allotment 16. section 3, Parish of Tarcombe; thence south-easterly by a road to the south-west angle of allotment 20, section H, Parish of Longwood; thence easterly, southerly, and south-easterly by the south boundary of the last-named parish to the south angle of allotment 18; thence southerly by a road to the south angle of allotment 19, section B, Parish of Ruffy; thence north-easterly by a road to the south-west angle of allotment 18 and easterly by a road to the north-west angle of allotment 12; thence southerly by a road to the south boundary of the said parish; thence south-easterly by Grassy Creek, south­ westerly and westerly by Emu Waterholes Creek and generally westerly, southerly and again westerly by Hughes Creek to Boundary Creek; thence southerly by that creek to the north boundary of allotment 2, section C, Parish of Kobyboyn; thence easterly by that boundary and southerly and westerly by a road to the north-east angle of allotment 9; thence south by the east boundaries of that allot­ ment and allotment 10 to the Highlands-road; thence westerly by that road to the road forming the east boundary of allotment 8; thence southerly by that road to the north boundary of the Parish of Ghin Ghin; thence generally westerly by that boundary to the north-west angle of allotment 79A; thence southerly by a road to the south-east angle of allotment 3D and south-westerly by a road to the west boundary of allotment 4D; thence south by that boundary, east by the south boundary of that allotment and southerly by the eastern boundary of allotment 4c to the north-east angle of allotment 15D; thence westerly and southerly by a road to the Goulburn River; thence westerly by that river to the King Parrot Creek, thence southerly by that creek to the north boundary of the Parish of Kinglake; thence westerly by that boundary and southerly by the western boundary of that parish to the Great Dividing Range; thence easterly and south-easterly by the road along the Great Dividing Range to the south-west angle of allotment 20G, Parish of Kinglake; thence east by a road to the road forming the west boundary of allotment 54c; thence south-westerly by the latter road to the south-west angle of the said allotment; thence east by a road to the south-east angle of allotment 54D. south-easterly and northerly by a road to the south boundary of allotment 53, and east by that boundary to Island Creek; thence north-easterly by that creek to the southern boundary of allotment 51c; thence easterly, south, and again easterly by that boundary, southerly by a road and the west boundary of allotment 78 and easterly by a road to the road forming the east boundary of allotment 45; thence southerly by the last- mentioned road, the east boundary of allotment 45A, and a road to the east angle of allotment 23A, section B; thence generally easterly by the Great Dividing Range to Mount St. Leonard, thence north-easterly by a direct line to the Acheron River and Murrindindi Creek watershed (known as the Black Range) at the south boundary of the Parish of Granton; thence generally northerly by that watershed to the south boundary of the Parish of Glendale; thence easterly by that boundary and southerly by the Acheron River to the south boundary of the Parish of Taggerty; thence north-easterly, south-easterly and easterly by that boundary to the south-east angle of allotment 26 in the said parish, thence south-easterly by a direct line to Mount Arnold on the Great Dividing Range; thence generally south-easterly, easterly, and north-easterly by the said range to Mount Hotham; thence north-easterly and south-easterly by the watershed of the Kiewa River to Mount Cope, and northerly by the said watershed to Mount Bogong; thence south-easterly by the watershed of the Snowy Creek to Mount Wills, and north-easterly by that watershed to Mount Cooper; thence north-easterly by a direct line to Mount Gibbo, thence south­ easterly by a direct line towards Forest Hill to the Murray River, and thence generally northerly and westerly by that river to the west boundary of the Parish of Ulupna, being the point of commencement. 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. NORTH-WESTERN PROVINCE. Commencing on the Murray River where the west boundary of the State abuts thereon; thence south by the west boundary of the State to the north-west angle of Mallee allotment 179; thence east by the north boundaries of that allotment and Mallee allotments 181, 182, and 183 to the west boundary of Mallee allotment 184; thence north by the last-mentioned boundary, and east by the north boundaries of the said allotment and Mallee allotments 185, 186, and 187 to the west boundary of Mallee allotment 188; thence north by the last-mentioned boundary and east by the south boundary of Mallee allotment 169 to its south-east angle; thence north by the east boundary of that allotment to the north boundary of Mallee allotment 189; thence easterly by the latter boundary and the south boundaries of allotments 167A and 167B, Parish of Curtayne, to the east boundary of the parish; thence northerly by that boundary to the north-west angle of Mallee allotment 191; thence easterly by the north boundaries of that allotment, allotments 3 and 4, Parish of Spinifex, Mallee allotments 193A, 193B, 194, and 195 to the west boundary of Mallee allotment 196A; thence north by the last-mentioned boundary to the south boundary of the Parish of Coynallan; thence easterly by the south boundaries of that parish and the Parish of Pomponderoo to the Wimmera River; thence northerly by that river to the north boundary of the Parish of Wail; thence easterly by that boundary and further easterly and southerly by the roads forming the north and east boundaries of the Parish of Kalkee to the road forming the north boundary of the Parish of Jung Jung; thence generally easterly by that road to the Yarriambiack Creek; thence southerly by that creek to its junction with the Wimmera River; thence south-easterly by that river to the road forming the south boundary of the Parish of Marma; thence easterly by that road and the road forming the south boundary of the Parish of Wirchilleba to the south-west angle of allotment 191 in the last-named parish; thence northerly by the west boundary of that allotment and a line to the Richardson River; thence north-westerly, north-easterly, and northerly by that river to its junction with the Avon River; thence north-easterly by the Avon River to the south boundary of the Parish of Donald; thence easterly and northerly by the south and east boundaries of that parish, and further northerly by the east boundary of the Parish of Jeffcott to the south-east angle of allotment 72 in the last-named parish; thence westerly and northerly by the south and west boundaries of that allotment, and further northerly by the west boundary of allotment 72A to its north-west angle; thence westerly and northerly by the south and west boundaries of allotment 90 to the north-east angle of allotment 91; thence westerly by a road and northerly by the east boundary of allotment 88 to the Borung-highway; thence south-westerly by that highway to the south­ east angle of allotment 99; thence northerly by a three-chain road to the north-west angle of allotment 111; thence easterly and northerly by the south and east boundaries of the Parish of Corack East to the road forming the southern boundary of the Parish of Teddywaddy; thence easterly, northerly and again easterly by that road to the north-west angle of allotment 67A; thence southerly and south-easterly by a road to the south-east angle of that allotment; thence northerly, north-easterly and again northerly by a road to the south boundary of the Parish of Wycheproof; thence easterly by that boundary to the Avoca River; thence southerly by that river to the road forming the south boundary of allotment 46, Parish of Narrewillock; thence easterly by that road to the south­ east angle of allotment 12; thence southerly by a road to the south-west angle of allotment 11; thence easterly by a road to the road forming the west boundary of the Parish of Terrappee; thence northerly by that road, and westerly by the road forming the south boundary of the Parish of Marmal to the road forming the west boundary of that parish; thence northerly, westerly, and northerly by that road, and easterly by the road forming the north boundary of the said parish to the south-east angle of allotment 15, section 3, parish of Quambatook; thence northerly by a road to the south boundary of allotment 39, section 3; thence northerly by the Mosquito Creek to its junction with the Avoca River; thence northerly by that river to the south boundary of the Water Supply Reserve, Parish of Towaninny; thence westerly by that boundary and southerly by a road to the south-east angle of allotment 8, section 2, Parish of Towaninny; thence west by a road to the south-east angle of allotment 29; thence north by a road to the north-east angle of allotment 39; thence west by a road to the south-west angle of allotment 44; thence northerly by a road to the south angle 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. of allotment 68, Parish of Cannie, thence north by the eastern boundaries of that allotment and allotment 68A to the north-east angle of the latter allotment; thence west by a road to the east boundary of allotment 74; thence north by that boundary to the north-east angle of the said allotment; thence west by a road to the south-west angle of allotment 2A, section 1, Parish of Tittybong; thence north by a road to Ihe south-east angle of allotment 5, section 1; thence westerly by a road, a line, and a road to the north-west angle of allotment 89, Parish of Kalpienung; thence northerly by a road to the north-east angle of allotment 61; thence west by a road to the south-west angle of allotment 9, Parish of Toort; thence north by a road to the north-west angle of allotment 12; thence easterly, northerly and again easterly by the road forming the north boundary of the Parish of Toort to the road forming the west boundary of the Parish of Lalbert; thence northerly by the last-mentioned road, easterly by the road forming the north boundary of the said parish and further easterly by the road forming the north boundaries of the Parishes of Gnarwee and Korrak Korrak to the west boundary of the Parish of Boga; thence northerly by that boundary to the south-west angle of allotment 5, section 4, in the last-named parish; thence easterly by a road to the Murray Valley-highway; thence north­ westerly by the Murray Valley-highway to the south boundary of allotment 6B, section 3; thence easterly by that boundary, the south boundaries of allotments 6A and 6, and a line to the road forming the west boundary of allotment 24, section 1, Parish of Benjeroop (Winlaton Estate); thence southerly by that road to the south-west angle of the said allotment; thence easterly by a road to the south-east angle of allotment 17: thence northerly, easterly, and again northerly by a road to the Loddon River; thence generally north-westerly by that river to its junction with the Little Murray River, and generally north­ easterly by the Little Murray River to its junction with the Murray River; and thence generally north-westerly by the Murray River to the west boundary of the State, being the point of commencement.

SOUTHERN PROVINCE. Commencing on the shore of Port Phillip Bay at the mouth of the Little River; thence north-westerly by that river and the Balliang Creek to the south­ east boundary of allotment 18, section A, Parish of Balliang (Staughton Vale Estate); thence north-easterly by a three-chain road to the north-east angle of allotment 17, and west by a road to the Balliang Creek; thence northerly by that creek to the south boundary of the Parish of Parwan; thence easterly by that boundary and north by the east boundary of the said parish to the Werribee River; thence easterly by that river to the Djerriwarrh Creek; thence northerly by that creek and easterly by the southern boundary of the Parish of Gisborne to the Kororoit Creek (Western Branch); thence south-easterly by that creek and east by the south boundary of the Parish of Buttlejorrk to the Calder-highway; thence north-westerly by that highway and northerly by the west boundary of the last-named parish to the Macedon River; thence easterly by that river and the northern boundary of the Parish of Bollinda and northerly by the eastern boundary of the Parish of Havelock to the Deep Creek (or Saltwater River); thence north-easterly by that creek and northerly by Boyd's Creek to the road forming the north boundaries of allotments 51, 48, and 47, Parish of Bylands; thence easterly by that road to the south angle of allotment 82; thence north by the east boundary of that allotment and northerly by a road to the south boundary of allotment 111, thence west by that boundary and north by the west boundary of the said allotment to its north-west angle; thence easterly by a road to the south-east angle of allotment 11, section E; thence southerly by the road from Kilmore East to Wallan Wallan to a point in line with the north boundary of allotment 158; thence easterly by a line, and easterly, north-easterly and south-easterly by a road to the south-east angle of allotment 158A; thence north-easterly and generally south-easterly by the Great Dividing Range to the western boundary of the Parish of Kinglake; thence easterly and south-easterly by the road along the Great Dividing Range to the south-west angle of allotment 20o, Parish of Kinglake; thence east by a road to the road forming the west boundary of allotment 54c; thence south­ westerly by the latter road to the south-west angle of the said allotment; thence east by a road to the south-east angle of allotment 54D, south-easterly and northerly by a road to the south boundary of allotment 53, and east by that 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. boundary to Island Creek; thence north-easterly by that creek to the southern boundary of allotment 51c; thence easterly, south, and again easterly by that boundary, southerly by a road and the west boundary of allotment 78 and easterly by a road to the road forming the east boundary of allotment 45; thence southerly by the last-mentioned road, the east boundary of allotment 45A, and a road to the east angle of allotment 23A, section B; thence generally easterly by the Great Dividing Range to Mount St. Leonard; thence north­ easterly by a direct line to the Acheron River and Murrindindi Creek watershed (known as the Black Range) at the south boundary of the Parish of Granton; thence generally northerly by that watershed to the south boundary of the Parish of Glendale; thence easterly by that boundary and southerly by the Acheron River to the south boundary of the Parish of Taggerty, thence north­ easterly, south-easterly and easterly by that boundary to the south-east angle of allotment 26 in the said parish; thence south-easterly by a direct line to Mount Arnold on the Great Dividing Range; thence generally south-easterly and easterly by the said range to the east boundary of the County of Evelyn; thence southerly, westerly and generally south-westerly by the boundary of the said county and north-westerly by a road to a point in line with the eastern boundary of allotment 90D, Parish of Beenak; thence northerly by a line and the eastern boundary of the last-named allotment to the south-east angle of allotment 89E; thence westerly by a road to the road forming the western boundary of allotment 89D; thence northerly by that road to the south-east angle of allotment 2; thence westerly by a road and the south boundary of allotment 1, Parish of Nangana, to the south-west angle of the latter allotment; thence southerly by the western boundaries of allotments 66A and 66 to the creek forming the northern boundary of allotment 68; thence westerly by that creek to the eastern branch of Shepherd's Creek; thence north-westerly by the latter creek and Shepherd's Creek to its junction with the Cockatoo Creek; thence generally southerly by the Cockatoo Creek to the road forming the northern boundary of allotment 73, Parish of Gembrook; thence westerly by that road and southerly by the road forming the west boundary of the said allotment to the most easterly angle of allotment 43; thence westerly and northerly by the boundaries of that allotment and further northerly by the eastern boundary of allotment 43A to the north-east angle of the latter allotment; thence westerly by the north boundary of the last-mentioned allotment, a road and the north boundaries of allotments 43 and 44 to the north­ west angle of the latter allotment; thence southerly and westerly by the roads forming the east and south boundaries of the Township of Emerald to the north-west angle of allotment 45B in the aforesaid parish; thence south­ westerly by a two-chain road to the Cardinia Creek; thence south-westerly by that creek to the north boundary of allotment 27, Parish of Narree Worran; thence westerly by a road and the north boundary of allotment 1, section 22, to its north-west angle; thence south and westerly by a two-chain road to the south-west angle of allotment 73; thence north by the west boundary of that allotment and west by the south boundaries of allotments 8 and 7 and a road to the Dandenong Creek; thence southerly by that creek to the south boundary of allotment 18, Parish of Eumemmerring; thence easterly by that boundary to the north-west angle of allotment 19; thence southerly by the east boundary of the Town of Dandenong to the Princes-highway; thence westerly by that high­ way to the east angle of allotment 19, section 26, Town of Dandenong, and further westerly by a road and Lower Dandenong-road to Boundary- road; thence northerly by Boundary-road to Kingston-road; thence easterly by Kingston-road to Clayton-road; thence northerly by Clayton-road to Centre-road; thence westerly by Centre-road to Victoria-avenue; thence northerly by Victoria-avenue, Irvine-street and Box Hill-road lo Waverley-road; thence westerly by Waverley-road to Warrigal-road; thence northerly by Warrigal- road to Highbury-road; thence easterly by Highbury-road to Middleborough-road; thence northerly by Middleborough-road to the Koonung Koonung Creek; thence westerly by the Koonung Koonung Creek to the Yarra River; thence north­ easterly by the Yarra River and northerly by the Plenty River to the north boundary of Crown portion 8, Parish of Keelbundora; thence westerly by the north boundaries of Crown portions 8 and 9 and a line to the Upper Plenty-road; thence north-easterly by the Upper Plenty-road to the north boundary of the City of Preston; thence westerly by that city boundary to the Merri Creek; thence southerly by the Merri Creek to the north boundary of the City of Coburg, thence westerly by that city boundary to Sussex- street; thence northerly by Sussex-street to South-street; thence westerly by 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. South-street to East-street; thence northerly by East-street to the north boundary of section 2, Parish of Will-will-rook; thence westerly by the north boundaries of section 2 and section 1 to the Moonee Ponds Creek; thence southerly by the Moonee Ponds Creek to the south boundary of the Parish of Tullamarine; thence westerly by that boundary to the north-west angle of allotment B, section 22, Parish of Doutta Galla; thence south-easterly by Bulla-road to the south angle of allotment D; thence south by a line, Treadwell-road and the west boundary of the City of Essendon to Buckley-street; thence westerly by Buckley-street to the north-east angle of allotment A, section 9; thence south-westerly and south­ easterly by the road forming the eastern boundary of the last-mentioned allot­ ment to the Maribyrnong River; thence southerly by the Maribyrnong River to Clarendon-street; thence westerly by Clarendon-street and the north boundary of section 19, Parish of Cut-paw-paw, to the west boundary of the last-named parish; thence southerly by that boundary and Mclntyre-road to the Ballaarat- road, thence westerly by the Ballaarat-road to the Kororoit Creek; thence generally south-easterly by the Kororoit Creek to the Geelong- road; thence north-easterly by the Geelong-road and easterly by Francis-street to the west boundary of the City of Footscray; thence southerly by that city boundary and easterly by the south boundary of the said city, Watson-street and The Avenue to Stephenson-street; thence southerly by Stephenson-street to Blackshaw's-road; thence easterly by Blackshaw's-road to Johnston-street; thence southerly by Johnston-street to Mason-street; thence westerly by Mason-street to Challis-street; thence southerly by Challis-street and a line in continuation thereof to the shore of Port Phillip Bay; and thence south-westerly by that shore to the mouth of the Little River, being the point of commencement.

SOUTH-EASTERN PROVINCE. Commencing on the sea coast where the east boundary of the County of Mornington abuts thereon; thence northerly by that county boundary to the north-west angle of allotment 58, Parish of Kirrak; thence easterly by a road and the south boundary of allotment 57 to the south-east angle of that allotment; thence northerly by a road, easterly by the south boundaries of allotments 12 and 9, and northerly by the east boundary of the latter allotment and a road to the main road from Inverloch to Wonthaggi; thence westerly by the latter road to the south-east angle of allotment 25; thence northerly and easterly by a road to the north-west angle ot allotment 47, and northerly by a road to the boundary between the Counties of Mornington and Buln Buln at the north-west angle of allotment 41A; thence easterly, northerly, easterly, northerly and again easterly and northerly by that county boundary to the north-west angle of allotment 51A, Parish of Leongatha; thence east, north, and easterly by a road to the south-west angle of allotment 72D, Parish of Korumburra; thence northerly by a road, the west boundaries of allotments 52c, 52B, and 52A, a road and a line to the South Eastern Railway; thence easterly by that railway to a point in line with the east boundary of allotment 56A; thence northerly by a line, that boundary, a line and the west boundary of allotment 55 to the north-west angle thereof; thence north-westerly by a road to the west angle of allotment 57A; thence easterly by a road, and northerly by the west boundaries of allotments 58 and 58A to the north angle of the latter allotment; thence south-easterly by a road and northerly by the east boundary of allotment 81 and a road to the south-west angle of allotment 80c; thence easterly by a road to the south­ east angle of allotment 80B; thence northerly by the east boundary of that allotment and line to the Wild Dog Valley-road; thence northerly by that road to the south boundary of allotment 87A, Parish of Allambee; thence easterly by that boundary and north-easterly by a road to the south angle of allotment 81c; thence northerly by the west boundary of that allotment and westerly by the south boundaries of allotments 77B and 76 to the south-west angle of the latter allotment, and thence north by a road to the north-east angle of allotment 74B; thence west by a road to the western boundary of the parish at the south­ west angle of allotment 10; thence southerly by that boundary to the road forming the south boundary of allotment 46A, Parish of Poowong East; thence westerly by that road and the north boundary of allotment 45 to its north-west angle; 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. thence southerly by the west boundary of that allotment to the north-east angle of allotment 43B; thence westerly by the north boundaries of that allotment and allotment 43A to the east boundary of allotment 38; thence north by that boundary and west by the north boundary of that allotment to the west boundary of allotment 38A; thence north by that boundary and the west boundary of allotment 39 to the north boundary of allotment 30A; thence west by that boundary and the north boundary of allotment 30 and north by the west boundary of the Parish of Poowong East to the Lang Lang River; thence north-westerly by that river to a point in line with the south boundary of allotment 85D, Parish of Longwarry; thence west by a line and the south boundaries of allotments 85D and 85c and south by a road to the south boundary of the parish; thence west by that boundary to Pheasant Creek; thence southerly by that creek to the road forming the north boundary of allotment 61A, Parish of Poowong; thence west by that road to the south-west angle of allotment 51, Parish of Lang Lang East; thence north, west and again north by a road to the Lang Lang River; thence westerly by that river to a point in line with the east boundary of allotment 30, Parish of Yannathan; thence north by a line and a road and south-westerly by a two-chain road to the west boundary of allotment 32; thence north, by that boundary and a road to the south boundary of allotment 69; thence west by that boundary and north by the west boundary of the said allotment to the north-east angle of allotment 70; thence west by the north boundary of that allotment and north by the west boundary of allotment 107 to the north-west angle of the last-mentioned allotment; thence westerly by a road to the south-east angle of allotment 57; thence north by a road to the north-east angle of the said allotment; thence north-easterly by a road to the Melbourne to Sale Railway on the west boundary of the Township of Longwarry; thence north-westerly by that railway to the Bunyip River; thence northerly by that river to its source on the south boundary of the County of Evelyn; thence generally south-westerly by that county boundary and north-westerly by a road to a point in line with the eastern boundary of allotment 90D, Parish of Beenak; thence northerly by a line and the eastern boundary of the last-named allotment to the south-east angle of allotment 89E; thence westerly by a road to the road forming the western boundary of allotment 89D; thence northerly by that road to the south-east angle of allotment 2; thence westerly by a road and the south boundary of allotment 1, Parish of Nangana, to the south-west angle of the latter allotment; thence southerly by the western boundaries of allotments 66A and 66 to the creek forming the northern boundary of allotment 68; thence westerly by that creek to the eastern branch of Shepherd's Creek thence north­ westerly by the latter creek and Shepherd's Creek to its junction with the Cockatoo Creek; thence generally southerly by the Cockatoo Creek to the road forming the northern boundary of allotment 73; Parish of Gembrook; thence westerly by that road and southerly by the road forming the west boundary of the said allotment to the most easterly angle of allotment 43; thence westerly and northerly by the boundaries of that allotment and further northerly by the eastern boundary of allotment 43A to the north-east angle of the latter allotment; thence westerly by the north boundary of the last-mentioned allotment, a road and the north boundaries of allotments 43 and 44 to the north-west angle of the latter allotment; thence southerly and westerly by the roads forming the east and south boundaries of the Township of Emerald to the north-west angle of allotment 45B in the aforesaid parish; thence south-westerly by a two-chain road to the Cardinia Creek; thence south-westerly by that creek to the north boundary of allotment 27, Parish of Narree Worran; thence westerly by a road and the north boundary of allotment 1, section 22, to its north-west angle; thence south and westerly by a two-chain road to the south-west angle of allotment 73; thence north by the west boundary of that allotment and west by the south boundaries of allotments 8 and 7 and a road to the Dandenong Creek; thence southerly by that creek to the south boundary of allotment 18 Parish of Eumemmerring; thence easterly by that boundary to the north-west angle of allotment 19; thence southerly by the east boundary of the Town of Dandenong to the Princes-highway; thence westerly by that highway to the east angle of allotment 19, section 26, Town of Dandenong and further westerly by a road and Lower Dandenong-road to Boundary-road; thence northerly by Boundary-road to Kingstcn-road; thence easterly by Kingston-road to Clayton- road; thence northerly by Clayton-road to Centre-road; thence westerly by Centre- road to Warrigal-road; thence southerly by Warrigal-road to South-road; thence 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. westerly by South-road to Tucker-road; thence northerly by Tucker-road to Patterson-road; thence westerly by Patterson-road to Point Nepean-road; thence south-easterly by Point Nepean-road to Cummins-road; thence southerly by Cummins-road to South-road; thence westerly by South-road to Bluff-road; thence southerly by Bluff-road to Highett-road; thence westerly by Highett-road, Bridge-street and a line in continuation thereof to the shore of Port Phillip Bay, and thence generally south-easterly, south-westerly, and north-westerly by that shore and generally south-easterly by the sea coast to the east boundary of the the County of Mornington, being the point of commencement.

SOUTH-WESTERN PROVINCE. Commencing on the sea coast at the mouth of the Gellibrand River; thence south-easterly and north-easterly by the sea coast and northerly, westerly and north-easterly by the shore of Port Phillip Bay to the Little River; thence generally north-westerly by that river and the Balliang Creek to the south-east boundary of allotment 18, section A, Parish of Balliang (Staughton Vale Estate), thence north-easterly by a three-chain road to the north-east angle of allotment 17; thence west by a road to the west boundary of the Parish of Balliang; thence south by that boundary to the north-east angle of allotment 2A, section B, Parish of Beremboke; thence west and south by a road to the north-east angle of allotment 5; thence west by the north boundaries of that allotment and allotment 8 to the north-west angle of the latter allotment, thence westerly by a direct line to the south-east angle of allotment 24E; thence westerly by the south boundaries of the last-named parish and the Parish of Ballark to the Moorarbool River; thence southerly by that river to the southern boundary of allotment 47, Parish of Meredith, thence westerly by that boundary, the south boundaries of allotment 46 and the Borhoneyghurk Pre-emptive Section, and a road to the north-west angle of allotment 133; thence southerly by the west boundaries of that allotment, allotments 132, 129, and 128, a road and a line in continuation thereof to the Geelong and Ballaarat Railway; thence south-easterly by that railway to the south boundary of the Parish of Coolebarghurk; thence westerly by that boundary and the south boundary of the Parish of Bamganie to the Yarrowee River; thence north-westerly by that river to the south boundary of the Parish of Enfield; thence westerly by that boundary and further westerly by the south boundary of the Parish of Lynchfield to Mount Misery Creek; thence south-westerly by that creek and the Little Woady Yaloak Creek to the Woady Yaloak River; thence southerly by that river to Naringhil Creek; thence westerly by that creek to a point in line with the road forming the south-east boundary of allotment 3, section F (Werneth Estate), Parish of Wallinduc; thence south­ westerly by a line and that road to the south angle of that allotment, thence north-westerly by a road to the road forming the north boundary of the Parish of Wilgul North; thence west by that road and the road forming the north boundary of the Parish of Poliah North to the Gnarkeet Chain of Ponds at the east boundary of the County of Hampden; thence north-westerly by that chain of ponds to the road forming the north boundary of the Parish of Galla; thence west by that road to the road forming the east boundary of the Parish of Vite Vite; thence north by that road to Mount Emu Creek: thence westerly, south­ westerly and southerly by that creek to the road forming the north boundary of allotment 6AA, section 11, Parish of Jellalabad; thence east by that road and the road forming the north boundary of allotment 6AB to the east angle of that allotment; thence south-westerly and south by the road forming the east boundary of the parish, southerly and south-easterly by the road forming the east boundary of the Parish of Darlington, and west by the south boundary of the last-named parish to Mount Emu Creek; thence south-westerly and south-easterly by that creek to the road forming the south boundary of the Parish of Wooriwyrite, thence west by that road and the road forming the south boundary of the Parish of Mortlake to the south-west angle of allotment 1, section 31, in that parish; thence south and south-westerly by a road to the north angle of allotment 2, section 8, Parish of Keilambete; thence south and south-easterly by a road to the south-east angle of allotment D2 in the said parish; thence east by the north boundary of the Parish of Garvoc to the Princes-highway; thence southerly and south-westerly by the Princes-highway to the north-west angle of allotment 2, Township of Garvoc, thence southerly by a road to Mount Emu Creek (being a point on the north boundary of the County of Heytesbury); thence 1958. The Constitution Act Amendment. No. 6224

THIRD SCHEDULE—continued. north-easterly by the north boundary of the County of Heytesbury and south­ easterly, westerly and southerly by the east boundary of the said county to the Gellibrand River; and thence generally south-westerly and westerly by that river to the sea coast, being the point of commencement.

WESTERN PROVINCE. Commencing on the sea coast where the west boundary of the State abuts thereon; thence north by the west boundary of the State to the north-west angle of Mallee allotment 179; thence east by the north boundaries of that allotment and Mallee allotments 181, 182, and 183 to the west boundary of Mallee allotment 184, thence north by the last-mentioned boundary, and east by the north boundaries of the said allotment and Mallee allotments 185, 186, and 187 to the west boundary of Mallee allotment 188; thence north by the last- mentioned boundary and east by the south boundary of Mallee allotment 169 to its south-east angle; thence north by the east boundary of that allotment to the north boundary of Mallee allotment 189; thence easterly by the latter boundary and the south boundaries of allotments 167A and 167 B, Parish of Curtayne, to the east boundary of the parish; thence northerly by that boundary to the north-west angle of Mallee allotment 191; thence easterly by the north boundaries of that allotment, allotments 3 and 4, Parish of Spinifex, Mallee allotments 193A, 193B, 194, and 195 to the west boundary of Mallee allotment 196A; thence north by the last-mentioned boundary to the south boundary of the Parish of Coynallan; thence easterly by the south boundaries of that parish and the Parish of Pomponderoo to the Wimmera River; thence northerly by that river to the north boundary of the Parish of Wail; thence easterly by that boundary and further easterly and southerly by the roads forming the north and east boundaries of the Parish of Kalkee to the road forming the north boundary of the Parish of Jung Jung; thence generally easterly by that road to the Yarriambiack Creek; thence southerly by that creek to its junction with the Wimmera River; thence south-easterly by that river to the road forming the north boundary of the Parish of Ledcourt; thence westerly by that road to the north-west angle of allotment 23 in that parish; thence southerly by a road to the east angle of alloment 201; thence south-westerly by a two-chain road to the west boundary of the parish; thence south-easterly by that boundary to a point north-east from Brigg's Bluff; thence south-west by a line to Brigg's Bluff; thence southerly by the Grampians Range and south-westerly by the west boundary of the County of Ripon to Mount Abrupt; thence easterly, south­ easterly and generally easterly by the south boundary of the County of Ripon to Mount Emu Creek; thence south-westerly and southerly by that creek to the road forming the north boundary of allotment 6AA, section 11, Parish of Jellalabad; thence east by that road and the road forming the north boundary of allotment 6AB to the east angle of that allotment; thence south­ westerly and south by the road forming the east boundary of the parish, southerly and south-easterly by the road forming the east boundary of the Parish of Darlington, and west by the south boundary of the last-named parish to Mount Emu Creek; thence south-westerly and south-easterly by that creek to the road forming the south boundary of the Parish of Wooriwyrite; thence west by that road and the road forming the south boundary of the Parish of Mortlake to the south-west angle of allotment 1, section 31, in that parish; thence south and south-westerly by a road to the north angle of allotment 2, section 8, Parish of Keilambete; thence south and south­ easterly by a road to the south-east angle of allotment D2 in the said parish; thence east by the north boundary of the Parish of Garvoc to the Princes- high v/ay; thence southerly and south-westerly by the Princes-highway to the north-west angle of allotment 2, Township of Garvoc; thence southerly by a road to Mount Emu Creek (being a point on the north boundary of the County of Heytesbury); thence north-easterly by the north boundary of the County of Heytesbury and south-easterly, westerly and southerly by the east boundary of the said county to the Gellibrand River; thence generally south­ westerly and westerly by that river to the sea coast; and thence generally north­ westerly by the sea coast to the west boundary of the State, being the point of commencement. (To include the islands adjacent to the sea coast.) 466 1958. The Constitution Act Amendment. No. 6224

Sectioo 87. FOURTH SCHEDULE See No. 5683. Uovernment Gazelle. 3rd February, 1956, page 885. NAMES AND BOUNDARIES OF ELECTORAL DISTRICTS OF THE LEGISLATIVE ASSEMBLY. (In the following descriptions, wherever the boundary described runs along a river, creek, road or street, the centre of such river, creek, road, or street shall be taken to be the boundary line; and wherever the boundary is described as by a mountain range or watershed, the line following the highest part of such range or watershed shall be taken to be the boundary. Where any boundary of a municipal district or portion of a municipal district is specified in these descriptions, it shall be taken to be the boundary existing on the 30th June, 1955. Where any portion of the boundary of an Electoral District runs along the boundary of a Commonwealth Electoral Division, the relevant technical description that appeared with the proclamation of the boundaries of the existing Commonwealth Electoral Divisions issued on the 11th August, 1955, has been adopted to describe such portion.)

ELECTORAL DISTRICT OF ALBERT PARK: Commencing on the shore of Hobson's Bay at a point in line with Fraser- street; thence north-easterly by Fraser-street; further north-easterly by a direct line to Lorne-street, and again north-easterly by Lorne-street to St. Kilda-road; thence north-westerly by St. Kilda-road to the Yarra River; thence south-westerly by the Yarra River to Clarendon-street; thence south-easterly by Clarendon- street to the Melbourne to St. Kilda railway; thence southerly and south-easterly by that railway to Dorcas-street; thence south-westerly by Dorcas-street and westerly by Lyell-street to Pickles-street; thence south-westerly by Pickles-street and a line in continuation thereof to the shore of Hobson's Bay and then south easterly by the shore of Hobson's Bay to a point in line with Fraser-street, being the point of commencement.

ELECTORAL DISTRICT OF BALLAARAT NORTH: Commencing at the north-west angle of the Parish of Beckworth; thence south by the road forming the west boundaries of that parish and the Parish of Addington, and further south by the east boundaries of sections 32, 31, and 2, Parish of Ercildoun, to the north boundary of allotment 3, section 15 (Ercildoun Estate); thence south-westerly by the last-mentioned boundary, southerly by the western boundary of the said allotment, and south-easterly by the western boundary of allotment 5 to the eastern boundary of section 3; thence south by the last-mentioned boundary and a road to the south-east angle of section 6; thence west by a road to the north-east angle of allotment 3, section 8 (Ercildoun Estate); thence southerly by the eastern boundaries of the said allotment and allotment 4, section 7, to the North-Western railway; thence westerly by that railway to the western boundary of allotment 2, section 9; thence southerly by that boundary and easterly by the Western-highway to the road forming the west boundary of suburban allotment 11, Parish of Brewster; thence south by that road and east by the south boundary of the last-mentioned allotment and a line to the shore of Lake Burrumbeet; thence generally southerly and easterly by that shore to the mouth of Burrumbeet Creek; thence south-easterly by that creek to a point in line with the east boundary of allotment 4, section B, Parish of Haddon; thence south by a line, that boundary, and a road to the south angle of allotment 6, section 7, Parish of Haddon; thence north-easterly and easterly by the Ballaarat-Carngham road to Learmonth-street (City of Ballaarat); thence north by Learmonth-street to Sturt-street; thence south-easterly and easterly by Sturt-street, further easterly by Bridge-street and north-easterly by Victoria-street to the Ballarat to Melbourne railway; thence easterly and south-easterly by that railway to the east boundary of the City of 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. Ballaarat; thence northerly by that city boundary to the Western-highway; thence easterly by that highway to the Western Moorarbool River; thence north-easterly and northerly by that river to the north boundary of allotment 10A, section 15, Parish of Moorarbool West; thence easterly by that boundary and north-westerly by a road to the most westerly angle ot allotment IE; thence easterly, northerly and again easterly by the boundaries of allotment 9 to the north boundary of the parish; thence south-easterly and easterly by that parish boundary to the Eastern Moorarbool River; thence generally north-westerly by that river to the Great Dividing Range; thence north-easterly by that range to the west boundary of allotment 17, Parish of Korweinguboora; thence north-westerly by that boundary and east by the north boundary of the said allotment and a road to the south-east angle of allotment B4, section Y, Parish of Wombat; thence north by a road and east and north by the south and east boundaries of allotment 13, section 3B, to the Great Dividing Range; thence north-easterly by that range to the south boundary of allotment 23, Parish of Bullarto; thence east by that boundary and south-easterly by the south boundary of allotment 24 to a point in line with the west boundary of allotment 25; thence south by a line, the said boundary and the west boundary of allotment Z to the south-west angle thereof; thence east by a road to the south-east angle of allotment G; thence north by a road to the north-west angle of allotment 1, section B; thence easterly by a road and the north boundary of allotment 6, and south-easterly and easterly by the Great Dividing Range to the west boundary of allotment F, Parish of Trentham; thence south-westerly by that boundary, and south-westerly, south-easterly, and north-easterly by the west, south, and east boundaries of allotment F1, Parish of Blackwood, to the south boundary of the Parish of Trentham; thence south-easterly and north-easterly by that boundary to the north-east angle of allotment 3, section M; thence westerly by the northern boundary of that allotment to the Great Dividing Range; thence north-easterly and south-easterly by that range to the west boundary of allotment 103F; thence north by that boundary and east by the north boundary of the said allotment to its north-east angle; thence north by a road to the north-east angle of allotment 31; thence west by a road to the main road from Trentham to Kyneton; thence north-easterly by that road to the north-east angle of allotment 1; thence west by the north boundary of the last-named parish to the Coliban River; thence north-easterly by that river to the east boundary of allotment 65D, Parish of Coliban; thence north-westerly by that boundary and west by the north boundaries of the last-mentioned allotment and allotment 65c to the north-west angle of the latter allotment; thence northerly by a road to the most easterly angle of allotment 41; thence north-westerly and westerly by a road to the road forming the west boundary of allotment 34; thence northerly by that road to the south-east angle of allotment 24F; thence west, north, and east by the south, west, and north boundaries of that allotment, north by the west boundaries of allotments 24D and 24E, west, north, and east by the south, west and north boundaries of allotment 22c, north-westerly by the west boundary of allotment 22F, and west­ erly and north by the south and west boundaries of allotment 2?E to its northern angle; thence north-westerly by a road to the Kangaroo Creek; thence north-easterly by that creek and the western shore of the Malmsbury Reservoir to the south boundary of the Township of Malmsbury; thence west by that boundary, and northerly and east by the west and north boundaries of the said township to the Coliban River: thence northerly by that river to the road forming the south boundary of allotment 50, Parish of Edgecombe; thence west by that road and the road forming the south boundaries of allotment 54 and allotments 1 and 9, section 1A, Parish of Drummond, to the south-west angle of the last- mentioned allotment; thence north-westerly, south-westerly, and north-westerly by the boundary of the Victorian Water Supply Reserve to the most westerly angle of allotment 6A, section 3; thence northerly by a road to the north boundary of the last-named parish at the north-western angle of allotment 10; thence west by that boundary to the east boundary of the Parish of Fryers; thence south, westerly, and northerly by the east, south and west boundaries of that parish to the south boundary of the Parish of Guildford; thence westerly and north by the south and west boundaries of that parish to the south boundary of the Parish of Strangways, at the south-east angle of allotment 37B, section 4 in the latter parish; thence westerly by that boundary to the east boundary of the Parish of Sandon, at the north-east angle of allotment 2, section 6 in that parish; thence southerly by that boundary to the road forming the north boundary of allotment 29D, section 3; thence west by that road to the north-west 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. angle of that allotment; thence south by a road to the north boundary of the Parish of Campbelltown; thence easterly and southerly by the north and east boundaries of that parish to Joyce's or Deep Creek, at the south corner of allotment 13N in the last-mentioned parish; thence north-westerly by that creek to the south boundary of the Parish of Rodborough; thence generally westerly by that boundary to the north-west angle of allotment 42 (Glengower Estate), Parish of Glengower; thence south-westerly and southerly by a road to the south-east angle of allotment 16D in that parish, and thence west by the south boundaries of the last-named parish and the Parishes of Eglinton and Amherst to the north-west angle of the Parish of Beckworth, being the point of commencement.

ELECTORAL DISTRICT OF BALLAARAT SOUTH. Commencing at the north-west angle of allotment 1, section 1, Parish of Cardigan; thence south by a road to the south-west angle of allotment 6, section 8, at the south boundary of the parish; thence easterly by a road to the east boundary of the Parish of Smythesdale; thence southerly by that boundary and the east boundary of the Parish of Scarsdale to the south-east angle of the last-named parish; thence south by a direct line to the north-east boundary of allotment 3A, section B, Parish of Lynchfield; thence south-easterly h,y the boundaries of that allotment and allotment 2 to the south-east angle of the last-mentioned allotment; thence south-easterly by a direct line to the north-east angle of allotment 1A, section C; thence south by the east boundaries of that allotment and allotment 1B and a line to the western boundary of allotment 13, section D; thence south-westerly by a road to the south boundary of the Parish of Lynchfield; thence generally easterly by that boundary and the south boundary of the Parish of Enfield to the Yarrowee River; thence south-easterly by that river to the south boundary of the Parish of Bamganie; thence easterly by that boundary and the south boundary of the Parish of Coolebarghurk to the Geelong and Ballaarat railway; thence north-westerly by that railway to a point in line with the west boundary of allotment 117, Parish of Meredith; thence northerly by a line, a road and the west boundaries of allotments 128, 129, 132, and 133 to the north-west angle of the last-mentioned allotment; thence easterly by a road and the south boundary of the Borhoneyghurk Pre-emptive Section and further easterly by the south boundaries of allotments 46 and 47 to the Moorarbool River; thence northerly by that river to the south boundary of the Parish of Ballark; thence easterly by that boundary and the south boundary of the Parish of Beremboke to the south-east angle of allotment 24E in the last-named parish; thence easterly by a direct line to the north-west angle of allotment 8, section B; thence easterly by the north boundary of that allotment and allotment 5 to the east boundary of the latter allotment; thence northerly and easterly by a road to the west boundary of the Parish of Balliang; thence northerly by that boundary to the north-west angle of allotment 107 in the last-named parish; thence easterly by a road to the Balliang Creek at the north boundary of allotment 17, section A; thence northerly by that creek to the south boundary of the Parish of Parwan; thence easterly and northerly by the south and east boundaries of that parish to the Werribee River; thence easterly by the Werribee River to the junction of the Djerriwarrh Creek; thence northerly by the Djerriwarrh Creek to the south boundary of the Parish of Bullengarook; thence westerly by that boundary to the south-west angle of allotment 22E; thence north by a road to the road forming the south boundary of the Bullengarook Pre-emptive Section; thence west and north by the south and west boundaries of that section to the road forming the north boundary of allotment 20B; thence west by that road to Goodman's Creek; thence northerly and north-easterly by that creek and the west and north boundaries of allotment 26A to the eastern angle of that allotment; thence north-westerly by a road to the north-west boundary of allotment 36; thence north-easterly by that boundary to the north angle of the said allotment, and further north-easterly by a direct line to the south angle of allotment 38c; thence north-westerly by the south-west boundary of that allotment to the road forming its north-western boundary; thence north-easterly by that road to the road forming the west boundary of allotment 58A; thence northerly by that road to the south boundary of allotment 42; thence west by that boundary and north by the west boundary of the said allotment to the Macedon River, and easterly by that river to the road forming 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. the west and north boundaries of allotment 43; thence northerly and easterly by that road to the north-east angle of the said allotment; thence north by a line to the south boundary of allotment 44, westerly by that boundary, and northerly by the west boundaries of the said allotment and allotment 53 to the road from Gisborne to Trentham; thence north-westerly by that road to the north-west angle of allotment 53B; thence due north by a line to the Great Dividing Range; thence north-westerly and generally south-westerly and north-westerly by that range to the road forming the east boundary of allotment 17, section J, Parish of Trentham; thence southerly by that road, west by the south boundaries of the said allotment and allotments 7 and 6 and north and west by the east and north boundaries of allotment F1 to the north-west angle of the last-mentioned allotment; thence north-westerly by a road to the south-east angle of allotment 103L, west and north by the south and west boundaries of that allotment and west by a road to the north-west angle of allotment 103E; thence northerly and westerly by a road to the south-west angle of allotment 77B; thence south by a road to the north boundary of allotment 103F; thence west by that boundary and south by the west boundary of the said allotment to the Great Dividing Range; thence north-westerly and south-westerly by that range to the north boundary of allotment 3, section M; thence easterly by that boundary to the north-east angle of the said allotment; thence south-westerly and north-westerly by the south boundary of the last-mentioned parish to the east boundary of allotment F1, Parish of Blackwood; thence south-westerly by that boundary, north-westerly and north-easterly by the south and west boundaries of the last-mentioned allotment and further north-easterly by the west boundary of allotment F, Parish of Trentham, to the Great Dividing Range; thence westerly and north-westerly by that range, westerly by the north boundary of allotment 6, section B, Parish of Bullarto, and a road to the north-west angle of allotment 1, section B; thence south by a road to the south-east angle of allotment G; thence west by a road to the south-west angle of allotment Z; thence north by the west boundaries of that allotment and allotment 25 and a line in continuation thereof to the south boundary of allotment 24; thence north-westerly by that boundary and west by the south boundary of allotment 23 to the Great Dividing Range; thence south-westerly by that range to the east boundary of allotment 13, section 3B, Parish of Wombat; thence south by that boundary, west by the south boundary of the said allotment and south by a road to the south-east angle of allotment B4, section Y; thence west by a road and the north boundary of allotment 17, Parish of Korweinguboora, and south-easterly by the west boundary of the said allotment to the Great Dividing Range; thence south-westerly by that range to the source of the Eastern Moorarbool River; thence south-easterly by that river to the north boundary of the Bolwarra Pre-emptive Section, Parish of Moorarbool West; thence westerly and north-westerly by the north boundary of the said parish to the most easterly angle of allotment 9, section 16; thence west, south, and west by the boundaries of that allotment, and south-easterly by a road to the north-east angle of allotment 10A, section 15; thence west by the north boundary of that allotment to the Western Moorarbool River; thence southerly and south-westerly by that river to the Western-highway; thence westerly by that highway to the east boundary of the City of Ballaarat; thence southerly by that city boundary to the Melbourne to Ballarat railway; thence north­ westerly and westerly by that railway to Victoria-street; thence south-westerly by Victoria-street, westerly by Bridge-street and further westerly and north­ westerly by Sturt-street to Learmonth-street; thence southerly by Learmonth- street to the Ballaarat-Carngham road, and thence westerly by the Ballaarat- Carngham road to the north-west angle of allotment 1, section 1, Parish of Cardigan, being the point of commencement.

ELECTORAL DISTRICT OF BALWYN: Commencing on the Yarra River at the junction of the Koonung Koonung Creek; thence generally easterly and south-easterly by the Koonung Koonung Creek to Sweyn-street; thence south-westerly by Sweyn-street to Winfield-road; thence south-easterly, south-westerly, and again south-easterly by Winfield- road to Evelina-street; thence southerly by Evelina-street and Kerry-parade to Kinsale-crescent; thence south-westerly and south-easterly by Kinsale-crescent to Carrick-street; thence south-westerly by Carrick-street to Carlyle-crescent; 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. thence easterly by Carlyle-crescent to Barloa-road; thence southerly by Barloa- road to Whitehorse-road; thence westerly by Whitehorse-road to York-street; thence southerly by York-street, Wilson-street, and the eastern boundary of the Surrey Hills Railway Station Ground to Windsor-crescent; thence south­ westerly by Windsor-crescent to Alexandra-avenue; thence southerly by Alexandra-avenue to Canterbury-road; thence westerly by Canterbury-road to Balwyn-road; thence northerly by Balwyn-road to Gordon-street; thence westerly by Gordon-street to Burke-road; thence northerly by Burke-road to Argyle- road; thence westerly by Argyle-road to Adeney-avenue; thence northerly by Adeney-avenue to High-street; thence north-easterly by High-street to Valerie- street; thence north-westerly by Valerie-street to Belford-road; thence southerly by Belford-road to Asquith-street; thence north-westerly by Asquith-street, Earl- street, and the Chandler-highway to the Yarra River, and thence generally north-easterly by the Yarra River to the junction of the Koonung Koonung Creek, being the point of commencement.

ELECTORAL DISTRICT OF BENALLA: Commencing on the Great Dividing Range at Mount Hotham; thence generally south-westerly, westerly and north-westerly by the Great Dividing Range to Mount Arnold; thence north-westerly by a direct line to the south boundary of the Parish of Taggerty at the south-east angle of allotment 26 in that parish; thence west, north-westerly and south-westerly by that boundary to the Acheron River; thence northerly by that river and westerly by the south boundary of the Parish of Glendale to the Acheron River and Murrindindi Creek watershed (known as the Black Range); thence generally southerly by that watershed to the south boundary of the Parish of Granton; thence south­ westerly by a direct line to Mount St. Leonard; thence generally westerly by the Great Dividing Range to the east angle of allotment 23A, section B, Parish of Kinglake; thence northerly by a road to the western angle of allotment 35, further northerly by a line, the eastern boundary of allotment 45A, no section, and a road to the road forming the south boundary of allotment 78, westerly by that road, northerly by the western boundary of that allotment and a road to the south boundary of allotment 51c; thence westerly, northerly and again westerly by that boundary to the Island Creek, south-westerly by that creek to the south boundary of allotment 53, westerly by that boundary, and southerly, north-westerly and westerly by a road to the south-west angle of allotment 54c; thence north-easterly by a road to the south-east angle of allotment 56 and westerly by a road to the south-west angle of allotment 20G; thence north-westerly and westerly by the road along the Great Dividing Range to the west boundary of the Parish of Kinglake, northerly by that boundary and easterly by the north boundary of the said parish to the King Parrot Creek; thence northerly by that creek to its junction with the Goulburn River; thence easterly by that river to the west boundary of allotment 2, Parish of Ghin Ghin; thence northerly and easterly by a road to the north-east angle of allotment 15D; thence northerly and westerly by the east and north boundaries of allotment 4c to the west boundary of allotment 4D; thence northerly by that boundary and north-easterly by a road to the road forming the west boundary of allotment 79A; thence northerly by that road to the north-west angle of the said allotment; thence generally easterly by the north boundary of the parish to the road forming the east boundary of allotment 8, section C, Parish of Kobyboyn; thence northerly by that road, easterly by the Highlands-road to the south-east angle of allotment 10, northerly by the east boundaries of that allotment and allotment 9, and easterly and northerly by a road to the north boundary of allotment 2; thence westerly by that boundary to Boundary Creek; thence northerly by that creek to Hughes Creek; thence generally easterly, northerly and again easterly by that creek, easterly and northerly by Emu Waterholes Creek, and north-westerly by Grassy Creek to the south boundary of the Parish of Ruffy; thence northerly by a road to the north-west angle of allotment 12, section B, in the said parish; thence westerly and south­ westerly by a road to the south angle of allotment 19, and northerly by a road to the south angle of allotment 18, section H, Parish of Longwood; thence north-westerly, northerly, and westerly by the south boundary of the said parish to the south-west angle of allotment 20; thence north-westerly by a road to the north-west angle of allotment 16, section 3, Parish of Tarcombe; thence northerly by a road to the south boundary of the Township 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. of Old Longwood; thence west and north by the south and west boundaries of the said township to the Hume-highway; thence south-westerly by that highway to the east boundary of the Township of Avenel; thence southerly and south-easterly by a road to the south angle of allotment 7F, section 18A, Parish of Avenel; thence south by a road to Hughes Creek; thence north­ westerly by that creek to the east boundary of the Avenel Pre-emptive section, Parish of Mangalore; thence southerly by that boundary and a road to the north boundary of allotment 12, section B; thence westerly by that boundary and northerly by a road to the south-east angle of allotment lc, section A; thence westerly and north-westerly by a road to the north-east angle of allotment 42A and further westerly by a road to the Goulburn River; thence generally northerly by that river to the road forming the south boundary of allotment 31A, Parish of Tabilk; thence easterly by that road to the north-west angle of allotment 33A; thence southerly by a road to the south-west angle of that allotment; thence easterly by a road to the north-east angle of allotment 2, section A, Parish of Monea North; thence northerly by a road to the south boundary of the Parish of Bunganail; thence easterly by that boundary to the south-west angle of allotment 51B, Parish of Bunganail; thence north by a road to the north-west angle of allotment 56B; thence west by a road to the Pranjip or Muddy Creek; thence northerly by that creek to the south-west corner of allotment 116, Parish of Molka; thence easterly by a road to the north-west angle of allotment 65; thence northerly by a road to the north­ west angle of allotment 74; thence easterly by the Murchison to Violet Town road to the south-west angle of the Parish of Tamleugh; thence northerly by the road forming the west boundaries of the said parish and the Parish of Caniambo to the north-west angle of allotment 42A in the latter parish; thence easterly by a road to the south-east angle of allotment 41A; thence northerly by a road to the north-west angle of allotment 28; thence easterly by a road to the north-east angle of allotment 21B; thence northerly by a road to the Broken River; thence easterly by that river to the road forming the east boundary of the Parish of Pine Lodge; thence northerly by that road to the north-west angle of the Parish of Dookie; thence easterly by the road forming the north boundary of the said parish to the south-west angle of the Parish of Waggarandall; thence generally northerly by the roads forming the western boundary of the last-named parish to the north-west angle thereof; thence easterly by the road forming the north boundaries of the last-mentioned parish and the Parishes of St. James, Karrabumet and Boweya to the north-west angle of the Parish of Killawarra; thence southerly by the western boundary of that parish and the Parishes of Taminick and Glenrowen to the Hume-highway at the south angle of allotment 25 in the last-named parish; thence north­ easterly by the Hume-highway and further north-easterly by a three-chain road to the north-east angle of section 41, Township of Glenrowen; thence southerly by the road forming the east boundaries of that section and sections 33, 35, and 36, a line and the road forming the east boundaries of sections 22 and 25, to the south-east angle of the last-mentioned section; thence south-easterly by a road to the south boundary of the said township; thence south-westerly by that boundary to the north angle of allotment 113c, Parish of Glenrowen; thence south-easterly, south-westerly and again south-easterly by a road to the south-east angle of the said allotment; thence south-westerly and south-easterly by the boundaries of allotment 90B to the eastern boundary of allotment 90A; thence southerly by that boundary and the eastern boundaries of allotments 90 and 89A, and further southerly by a road to the south boundary of the parish; thence easterly by that boundary and generally northerly by the east boundary of the parish to the south boundary of the Parish of Laceby; thence generally easterly by that boundary and the south boundary of the Parish of Oxley to the west boundary of the Parish of Whorouly; thence generally northerly by that boundary to the north-west angle of allotment 117 in that parish; thence south-easterly and north-easterly by a road to the north angle of allotment 74B; thence south-easterly by a road to the south angle of allotment 75 and north-easterly by a road to the east angle of the said allotment; thence south-easterly and north-easterly by the Wangaratta to Bright road to the Ovens River; thence south-easterly and easterly by that river to the Barwidgee Creek; thence north-easterly by that creek to the south boundary of the Racecourse and Recreation Reserve, Parish of Myrtleford; thence south-easterly by that boundary and north-easterly by a road to the north angle of allotment 5, section 9A; thence south-easterly by a road to the 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. south-west angle of allotment 53; thence south-easterly by a direct line to the west angle of allotment 8A, section 12; thence south-easterly by the south-western boundary of the said allotment and a line in continuation thereof to the Happy Valley Creek; thence easterly by that creek to a point in line with the road forming the west boundary of allotment lc, section 21, Parish of Barwidgee; thence southerly by a line and that road to the south-west angle of the said allotment; thence easterly and northerly by the south and east boundaries of the last-mentioned allotment, easterly and northerly by the south and east boundaries of allotment 1 and easterly by the southern boundaries of allotments 4B, 4A, 4C, 4, and 3A to the west boundary of allotment 5; thence southerly by the last-mentioned boundary, south-easterly by the southern boundaries of the last-mentioned allotment and allotment 5A, and northerly by the eastern boundary of the latter allotment to the south-west angle of allotment 5A, section A; thence south-easterly and easterly by the southern boundaries of the said allotment and allotments 8A, 9A, and 9B to the west boun­ dary of allotment 14B; thence southerly by the last-mentioned boundary and easterly by the south boundaries of the last-mentioned allotment and allotments 14A and 14 to the west boundary of allotment 4, section 22; thence southerly by the last-mentioned boundary and easterly by a road to the west boundary of allotment 9, section 23; thence southerly by that boundary and the west boundary of allotment 9B and easterly by a road, the south boundary of allotment 9c and a line to Running Creek; thence southerly and north­ easterly by that creek to the watershed between the Ovens River and the Kiewa River, and thence south-easterly and southerly by that watershed to Mount Hotham, being the point of commencement.

ELECTORAL DISTRICT OF BEN AM BRA: Commencing on the Murray River where the east boundary of the Parish of Carlyle abuts thereon; thence easterly and southerly by that river to a point in a direct line between Forest Hill and Mount Gibbo; thence north­ westerly by that line to Mount Gibbo; thence south-westerly by a direct line to Mount Cooper; thence south-westerly by the watershed of the Snowy Creek to Mount Wills, and north-westerly by the said watershed to Mount Bogong; thence south-westerly by the watershed of the Kiewa River to Mount Hotham; thence northerly and north-westerly by the watershed between the Ovens River and the Kiewa River to the Running Creek; thence south-westerly and northerly by that creek to a point in line with the south boundary of allotment 9c, section 23, Parish of Barwidgee; thence westerly by a line and the south boundaries of allotments 9c and 9B and northerly by the west boundaries of allotments 9B and 9 to the south-east angle of allotment 7; thence westerly by a road, northerly by the west boundary of allotment 4, section 22 and further westerly and northerly by a road to the south-east angle of allotment 9B, section A; thence westerly by a road and the south boundaries of allotments 8A and 5A, section A, to the east boundary of allotment 5A section 21; thence southerly by that boundary, westerly by the south boundary of that allotment and allotment 5 and northerly by the west boundary of the latter allotment to the south-east angle of allotment 3A, section 21; thence westerly by the south boundaries of allotments 3A, 4, 4c, 4A, and 4B to the east boundary of allotment 1; thence southerly by that boundary and westerly by the south boundary of the allotment and again southerly and westerly by the east and south boundaries of allotment lc to the south-western angle of the latter allotment; thence northerly by a road and a line to the Happy Valley Creek; thence westerly by that creek to a point in line with the south-western boundary of allotment 8A, section 12, Parish of Myrtleford; thence north-westerly by a line and that boundary to the west angle of the said allotment; thence north­ westerly by a direct line to the south-west angle of allotment 53, section 9A; thence north-westerly by a road to the north angle of allotment 5; thence south-westerly by a road to the south boundary of the Racecourse Recreation Reserve; thence north-westerly by that boundary to the Barwidgee Creek and south-westerly by that creek to the Ovens River; thence westerly and north­ westerly by that river to the Wangaratta to Bright road; thence south-westerly and north-westerly by that road to the eastern angle of allotment 75, Parish of Whorouly; thence generally westerly by a road to the west boundary of the parish at the north-west angle of allotment 117; thence generally southerly by that parish boundary to the south boundary of the Parish of Oxley; thence 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. generally westerly by that parish boundary and the south boundary of the Parish of Laceby to the east boundary of the Parish of Glenrowen; thence generally southerly and westerly by the east and south boundaries of the said parish to the south-west angle of allotment 93A, Parish of Glenrowen; thence northerly by a road to the south angle of allotment 89A; thence northerly by the east boundaries of that allotment and allotments 90 and 90A to the south angle of allotment 90B; thence north-westerly and north-easterly by the boundaries of that allotment to the south-east angle of allotment 113c; thence north-westerly, north-easterly, and again north-westerly by a road to the south boundary of the Township of Glenrowen; thence north-easterly by that boundary to the south-west angle of allotment 4, section 27, in the said township; thence north-westerly by a road to the south-east angle of section 25; thence northerly by the road forming the east boundaries of that section and section 22, a line, and the road forming the east boundaries of sections 36, 35, 33, and 41, to the north-east angle of the last-mentioned section; thence south-westerly by a three-chain road, and further south-westerly by the Hume-highway to the west boundary of the parish; thence generally northerly by that boundary and the west boundaries of the Parishes of Taminick and Killawarra to the south angle of allotment 4c in the last-named parish; thence north-easterly by a road to the Ovens River; thence easterly by that river to a point in line with the south-east boundary of allotment 155, Parish of Boorhaman; thence north-easterly by a line and a road to the north angle of allotment 179; thence south-easterly by a road and south-westerly by the road forming the south-east boundary of the parish to the south boundary of the Parish of Bontherambo; thence south-easterly and easterly by that boundary to the east boundary of the said parish, and thence generally northerly by the latter boundary and the east boundaries of the Parishes of Lilliput and Carlyle to the Murray River, being the point of commencement.

ELECTORAL DISTRICT OF BENDIGO: Commencing on the Loddon River where the north boundary of allotment 1, section 15, Parish of Yarrayne abuts thereon; thence easterly by a road and the northern boundaries of allotments 4 and 1, section 10, Parish of Salisbury, to the west boundary of the Parish of Yallook; thence northerly by a road to the north-west angle of section 8A in the latter parish; thence easterly by the northern boundaries of that section and section 16 and further easterly by a road to the north-east angle of allotment 4, section 3, Parish of Whirrakee; thence northerly by a road to the north-west angle of allotment 12F, Parish of Kamarooka; thence easterly by a road to the Piccaninny Creek (adjacent to allotment 2, section C); thence south-easterly by that creek to a point in line with the east boundary of allotment 12B; thence southerly by a line and that boundary, easterly by the north boundary of allotment 12E, and southerly by the west boundary of allotment 12A to the south-west angle of that allotment; thence easterly and north-easterly by a road to the Piccaninny Creek and further north-easterly by a line in continuation thereof to the road forming the north-east boundary of allotment 4, section C; thence south­ easterly by that road to the south angle of allotment 6; thence northerly by the east boundary of that allotment to a point in line with the road forming the south boundary of allotment 53c, Parish of Warragamba; thence easterly by a line and a road and further easterly by a line to the Echuca and Bendigo Railway; thence south-westerly by that railway to a point in line with the south boundary of allotment J, Parish of Diggorra; thence south-easterly by a line and a road to the Campaspe River; thence southerly by that river and the west boundary of allotment 60, Parish of Bonn, easterly by the south boundary of that allotment and north-easterly by a road to the north-west angle of allotment 44A; thence easterly by a road to the road forming the west boundary of the Parish of Carag Carag; thence southerly by that road and westerly by the road forming the north boundary of the Parish of Burramboot East and a line to Lake Cooper; thence south-westerly, north-westerly and northerly by the margin of that lake to a point in line with the north boundary of allotment 1A, section B, Parish of Corop; thence westerly by a line and a road to the north-west angle of allotment 1; thence southerly by a road, westerly and southerly by roads forming the north and west boundaries of the Parish of Burramboot and westerly, southerly, and westerly by roads forming 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. the north and part of the west boundaries of the Parish of Colbinabbin to the west boundary of allotment 32, section C; thence southerly by that boundary and the west boundary of allotment 31 and easterly by the road forming the south boundary of the parish to the west boundary of the Parish of Cornelia; thence southerly by that boundary to the south-west angle of allotment 33B in the said parish; thence easterly by a road to the north-east angle of allotment 68B; thence southerly by a road to the south-east angle of allotment 89; thence south-easterly, southerly, and south-westerly by a road to the south-west angle of allotment 4, section 23, Parish of Redcastle; thence westerly by a road to the north-west angle of allotment 24, section C, Parish of Crosbie; thence northerly by a road to the north boundary of the parish; thence westerly by that boundary and the south boundaries of the Parishes of Muskerry and Ellesmere to the south-west angle of the last-named parish; thence southerly, westerly, and south-westerly by a road to the eastern boundary of allotment 57B, Parish of Wellsford, and further westerly by a road to the west boundary of the parish; thence generally southerly by that boundary and the west boundary of the Parish of Strathfieldsaye to the north boundary of the Parish of Mandurang; thence westerly by that boundary to the west boundary of allotment 19, section 3, in that parish; thence southerly by that boundary, westerly by the north boundaries of allotments 14, 15, 16, 17A, and 20, and north-westerly by a road to the north-western boundary of allotment 4B, section 20; thence south-westerly by that boundary to the western angle of the said allotment; thence west by a line to Axe Creek Race; thence south-westerly and north-westerly by that race and Huntly Race to the south boundary of the Parish of Sandhurst at the northern angle of allotment 132p in that parish; thence westerly by the northern boundary of the Parish of Mandurang to the western margin of the Spring Gully Reservoir; thence north­ easterly by that margin and due north (true meridian) by a line to the south-east boundary of the City of Bendigo at Belle Vue-road; thence westerly by Belle Vue-road to Fletcher-street; thence generally north-westerly by Fletcher- street, Honeybone-street and Sheepshead Gully to the Northern Railway; thence north-easterly by that railway to Myrtle-street; thence north-westerly by Myrtle- street and Don-street to Barnard-street; thence north-easterly by Barnard-street to Mount Korong-road; thence westerly by Mount Korong-road and north­ westerly by Mclntyre-street to Wells-street; thence south-westerly by Wells- street to Happy Valley-road; thence north-westerly by Happy Valley-road to Empire-road; thence south-westerly by Empire-road to Harvey-street, and further south-westerly by a road to the most easterly angle of allotment 57A, Parish of Marong; thence generally northerly by the east boundary of the last-named parish to the south boundary of the Parish of Nerring; thence westerly by that boundary and the south boundaries of the Parishes of Leichardt and Derby to the Loddon River, and thence northerly by that river to the north boundary of allotment 1, section 15, Parish of Yarrayne, being the point of commencement.

ELECTORAL DISTRICT OF BOX HILL. Commencing at the junction of the Koonung Koonung Creek with the Yarra River; thence generally north-easterly and south-easterly by that river to the south boundary of the Parish of Gruyere; thence westerly by that boundary and the north boundary of the Parish of Mooroolbark to the north-east angle of allotment 26 in the latter parish; thence south by the east boundaries of that allotment and allotment 29A and north-westerly by the road forming the southern boundary of the latter allotment to the north-west angle of allotment 29; thence southerly by a road to the south angle of allotment 25A; thence north-westerly, west, and northerly by a road to the north angle of allotment 22c"; thence south-westerly, west, and north by a road to the north-east angle of allotment 23 B1; thence west by a road and the south boundaries of allotment 13 and 10 to the west boundary of the parish; thence south by a road to Lincoln- road; thence north-westerly by Lincoln-road and south-westerly by the Maroondah- highway to the road forming the northern boundary of allotment 41, Parish of Warrandyte; thence north-westerly and west by that road and south by the west boundary of the said allotment to the Muilum Mullum or Deep Creek; thence south-westerly by that creek to the road forming the south boundary of section 23; thence westerly by that road and the south boundary of section 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. 24, to the north-east angle of section 26; thence southerly by a road and the west boundary of allotment 28 to the Mullum Mullum or Deep Creek; thence north-westerly by that creek to the south boundary of allotment 138A, Parish of Nunawading; thence westerly by that boundary and north-westerly by a road to the east boundary of allotment 144; thence southerly by that boundary, westerly by the southern boundary of that allotment and northerly by a road to the Koonung Koonung Creek; thence westerly by the Koonung Koonung Creek to Middleborough-road; thence southerly by Middleborough- road to Canterbury-road; thence westerly by Canterbury-road to Alexandra- avenue; thence northerly by Alexandra-avenue to Windsor-crescent; thence north­ easterly by Windsor-crescent to the eastern boundary of the Surrey Hills Railway Station Ground; thence northerly by that boundary, Wilson-street and York-street to Whitehorse-road; thence easterly by Whitehorse-road to Barloa-road; thence northerly ;by Barloa-road to Carlyle-crescent; thence westerly by Carlyle-crescent to Carrick-street; thence north-easterly by Carrick-street to Kinsale-crescent; thence northerly by Kinsale-crescent, Kerry-parade and Evelina-street and further northerly and north-westerly by Winfield-road to Sweyn-street; thence north-easterly by Sweyn-street to the Koonung Koonung Creek, and thence north-westerly and westerly by the Koonung Koonung Creek to its junction with the Yarra River, being the point of commencement.

ELECTORAL DISTRICT OF BRIGHTON: Commencing on the shore of Port Phillip Bay where North-road abuts thereon; thence easterly by North-road to the Nepean-highway; thence south­ easterly by the Nepean-highway to Hampton-street; thence southerly by Hampton- street to Dendy-street; thence easterly by Dendy-street to Canberra-grove; thence southerly by Canberra-grove to South-road; thence easterly by South-road to Bluff-road; thence southerly by Bluff-road to Highett-road; thence westerly by Highett-road, Bridge-street, and a line in continuation thereof to the shore of Port Phillip Bay, and thence north-westerly and northerly by the shore of Port Phillip Bay to North-road, being the point of commencement.

ELECTORAL DISTRICT OF BROADMEADOWS: Commencing at the junction of the Djerriwarrh Creek with the Werribee River; thence south-easterly by the Werribee River to the south boundary of the Parish of Pywheitjorrk; thence easterly by that boundary to the west boundary of the Parish of Derrimut; thence northerly by that boundary and the west boundary of the Parish of Maribyrnong to the north-west angle of allotment A, section 1, in the last-named parish; thence easterly by a road, the south boundaries of allotment N, section 13 and allotment 18, section A and a line in continuation thereof to the Maribyrnong River; thence generally south­ easterly by that river to Milleara-road; thence north-westerly and north-easterly by Milleara-road and easterly by Buckley-street to the west boundary of the City of Essendon; thence northerly by that city boundary to the south-west angle of allotment 28, section 16, Parish of Doutta Galla and further northerly by a direct line to the south angle of allotment D, section 22; thence north-westerly by the western boundary of that allotment and a road to the north-west angle of allotment B; thence easterly by the south boundary of the Parish of Tullamarine to the Moonee Ponds Creek; thence south-easterly by the Moonee Ponds Creek to Gaffney-street: thence easterly by Gaffney-street to Northumber­ land-road; thence northerly by Northumberland-road to the north boundary of the City of Coburg; thence easterly by that city boundary to the Merri Creek; thence northerly by that creek to the north boundary of the City of Preston; thence east by that city boundary to Darebin Creek; thence generally northerly by that creek to the south boundary of the Parish of Morang; thence east by that boundary to the south-west angle of section 2 in that parish; thence north by the west boundary of that section and east by the south boundaries of sections 7 and 6 to the Plenty River; thence generally northerly by the Plenty River to the south boundary of section 12; thence east by that boundary to the west boundary of the Parish of Greensborough; thence northerly by that parish boundary to the north-west angle of allotment 87, section A in that parish; thence easterly and generally north-easterly by 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. a road to the north angle of allotment 27; thence south-easterly and easterly by a road to the north-east angle of allotment 14; thence southerly by a road to Diamond Creek; thence northerly by that creek, and north-westerly, north­ easterly and northerly by Arthur's Creek, to a point in line with the north boundary of allotment 14B, section A, Parish of Kinglake; thence westerly by a line and that boundary to a point in line with the east boundary of allotment 74E; thence northerly by a line and the last-mentioned boundary, and west by the north boundary of the last-named allotment to the south-west angle of allotment 72A; thence north-easterly and northerly by a road to the north-east angle of allotment 74B2; thence westerly by the road along the Great Dividing Range to the western boundary of the Parish of Kinglake; thence northerly by that boundary and easterly by the north boundary of the said parish to the King Parrot Creek; thence northerly by that creek to the Upper Goulburn- road; thence northerly, westerly, and south-westerly by the Upper Goulburn- road and southerly by a road to the north-west angle of allotment 132, Parish of Windham; thence south-westerly and north-westerly by a road and further north-westerly and south-westerly by the road forming the northern boundary of allotment 122A to the west boundary of the parish; thence southerly by that boundary to the south boundary of the Parish of Traawool; thence north­ westerly, westerly, and southerly by the latter boundary to the north-west angle of allotment 10c, Parish of Kerrisdale; thence easterly, southerly, and westerly by the northern, eastern and southern boundaries of that allotment to its south-west angle; thence southerly by the eastern boundary of allotment 10 and westerly by the southern boundaries of the latter allotment and allotments 10A and 10B and a line to the Dabyminga Creek; thence westerly and northerly by that creek to the northern boundary of the Parish of Broadford; thence westerly by that boundary and southerly by the western boundary of the said parish to the road forming the southern boundary of allotment 121, Parish of Moranding; thence westerly by that road to the eastern angle of allotment 117; thence westerly by the north boundaries of that allotment and allotment 49 to the western angle of the latter allotment; thence north-westerly by the Northern-highway to the north angle of allotment 60A; thence south-westerly by the north-western boundary of that allotment to the north angle of allotment 60B; thence southerly by the road forming the west boundary of the parish to the north-east angle of allotment 9E, Parish of Goldie; thence westerly by the northern boundary of that allotment and southerly by a road to the north-east angle of allotment 9B2; thence westerly by the northern boundaries of that allotment and allotment 9B1 to the north­ west angle of the latter allotment; thence southerly and westerly by the eastern and southern boundaries of allotment 9c1 to its south-western angle; thence southerly and westerly by the road forming the northern boundary of the Parish of Goldie to the north-west angle of allotment 16A in that parish; thence southerly by a road to the south boundary of allotment 15A; thence westerly by that boundary and the south boundary of allotment 14AB and south-westerly by a road to the west boundary of allotment 3A; thence northerly by that boundary and westerly by the north boundary of allotment 7AB to the north-west angle of that allotment; thence southerly by a road and westerly by the south boundaries of allotments 4AB and 4AA to the south-west angle of the latter allotment; thence further westerly by a road to the northern angle of allotment 87c, Parish of Lancefield; thence south-westerly by a road to the south angle of allotment 7B; thence north-westerly and westerly by a road to the east boundary of allotment S21A, Parish of Langley; thence southerly by that boundary and westerly by the south boundary of the said allotment to its south-west angle; thence southerly by a road and westerly by the south boundary of allotment SI5A to the Great Dividing Range; thence south-westerly by that range to the south angle of allotment 21, Parish of Cobaw; thence north-westerly and westerly by a road to the north-east angle of allotment 91, Parish of Carlsruhe; thence southerly by a road to the south boundary of allotment 101 in the last-named parish; thence west by the last-mentioned boundary and west and south by a road to the south-east angle of allotment 100; thence west by the south boundary of the last-named parish to the Campaspe River; thence southerly by that river to the Woodend and Tylden road; thence south-westerly by that road to the north-east angle of allotment 115, Parish of Tylden; thence south, south-westerly and again south by a road to the north boundary of the Parish of Trentham; thence west by tint parish boundary to the Kyneton to Trentham-road; thence south-westerly by that road 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. to the south-west angle of allotment 21; thence east by a road to the north­ east angle of allotment 31; thence south by a road to the south-west angle of allotment 77B; thence east by a road to the north-west angle of allotment i03p; thence southerly by a road to the south-west angle of the last-mentioned allot­ ment, and easterly by a road to the west boundary of allotment 103L; thence south and east by the west and south boundaries of that allotment to its south-east angle; thence south-easterly by a road to the north-west angle of allotment F1, section J; thence east and south by the north and east boundaries of that allotment, and east by the south boundaries of allotments 6, 7 and 17, to the south-east angle of the last-mentioned allotment; thence northerly by a road to the Great Dividing Range; thence generally south-easterly and north-easterly by that range to a point in line with the west boundary of allotment 53B, Parish of Bullengarook; thence southerly by a line to the north-west angle of that allotment; thence south-easterly by the road from Trentham to Gisborne to the north-west angle of allotment 53; thence southerly by the west boundaries of that allotment and allotment 44 and easterly by the south boundary of the last-named allotment to a point in line with the east boundary of allotment 43; thence southerly by a line to the north-east angle of allotment 43; thence generally westerly and southerly by the road forming the north and west boundaries of the said allotment to the Macedon River; thence westerly by that river to the north-west corner of allotment 42; thence southerly and easterly by the west and south boundaries of that allotment, southerly by a road, and south-westerly by the road forming the north-western boundary of allotment 38c to its north-west angle; thence south-easterly by the south­ west boundary of that allotment to its south angle; thence south-westerly by a direct line to the north angle of allotment 36, further south-westerly by the north-west boundary of that allotment and generally south-easterly by a road to the eastern angle of allotment 26A; thence westerly and south-westerly by the northern and western boundaries of that allotment, and further south­ westerly and southerly by Goodman's Creek to the road forming the north boundary of allotment 20B; thence easterly by that road to the road forming the west boundary of the Bullengarook Pre-emptive Section; thence south and east by the west and south boundaries of that section to the road forming the west boundary of allotment 22E; thence southerly by that road to the south boundary of the parish; thence easterly by that parish boundary to the Djerriwarrh Creek, and thence southerly by the Djerriwarrh Creek to the Werribee River, being the point of commencement.

ELECTORAL DISTRICT OF BRUNSWICK EAST: Commencing on the Merri Creek where Albion-street east abuts thereon; thence generally south-easterly by the Merri Creek to Queen's-parade; thence south-westerly by Queen's-parade to Napier-street; thence northerly by Napier- street to Freeman-street; thence westerly by Freeman-street to Nicholson-street; thence northerly by Nicholson-street to Pigdon-street; thence westerly by Pigdon-street to Bowen-crescent; thence northerly by Bowen-crescent to the North Carlton railway; thence westerly by that railway to Royal-parade; thence northerly by Royal-parade and Sydney-road to Albion-street east, and thence easterly by Albion-street east to the Merri Creek, being the point of commence­ ment.

ELECTORAL DISTRICT OF BRUNSWICK WEST: Commencing on the Moonee Ponds Creek at Moreland-road west; thence easterly by Moreland-road west to Shaftesbury-street; thence northerly and north-easterly by Shaftesbury-street to Linda-street; thence easterly by Linda- street to Audley-street; thence southerly by Audley-street to Carron-street; thence easterly by Carron-street to Sydney-road; thence northerly by Sydney- road to Rennie-street; thence easterly by Rennie-street to the Merri Creek; thence generally southerly by the Merri Creek to Albion-street east; thence westerly by Albion-street east to Sydney-road; thence southerly by Sydney-road and Royal-parade to Park-street west; thence westerly by Park-street west to the Moonee Ponds Creek, and thence generally northerly and north-westerly by the Moonee Ponds Creek to Moreland-road west, being the point of commencement. 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. ELECTORAL DISTRICT OF BURWOOD: Commencing on the Kooyongkoot or Gardiner's Creek at Warrigal-road; thence south-westerly and north-westerly by the existing channel of the Kooyong­ koot or Gardiner's Creek to Kerferd-road; thence easterly by Kerferd-road to Glen Iris-road; thence northerly by Glen Iris-road to Toorak-road; thence easterly by Toorak-road to Wattle Valley-road extension; thence northerly by Wattle Valley-road extension to Nevis-street; thence westerly by Nevis-street to Wattle Valley-road; thence northerly by Wattle Valley-road to Canterbury- road; thence easterly by Canterbury-road to Warrigal-road, and thence southerly by Warrigal-road to the Kooyongkoot or Gardiner's Creek, being the point of commencement.

ELECTORAL DISTRICT OF CAMBERWELL: Commencing on Barker's-road at the junction of Auburn-road; thence easterly by Barker's-road to Burke-road; thence southerly by Burke-road to Prospect Hill- road; thence easterly by Prospect Hill-road to Wattle Valley-road; thence southerly by Wattle Valley-road to Nevis-street; thence easterly by Nevis-street to Wattle Valley-road extension; thence southerly by Wattle Valley-road extension to Toorak-road; thence westerly by Toorak-road to Glen Iris-road; thence southerly by Glen Iris-road to Kerferd-road; thence westerly by Kerferd- road to the Kooyongkoot or Gardiner's Creek; thence north-westerly by the existing channel of the Kooyongkoot or Gardiner's Creek to Toorak-road; thence easterly by Toorak-road to Auburn-road, and thence northerly by Auburn- road to Barker's-road, being the point of commencement.

ELECTORAL DISTRICT OF CAULFIELD: Commencing at the intersection of Glenhuntly-road and Kooyong-road; thence northerly by Kooyong-road to Dandenong-road; thence south-easterly and north-easterly by Dandenong-road to Glendearg-grove; thence northerly by Glendearg-grove to Claremont-avenue; thence easterly by Claremont-avenue to Tooronga-road; thence southerly by Tooronga-road to Coppin-street; thence easterly by Coppin-street to Burke-road; thence northerly by Burke-road to Brunei-street; thence easterly by Brunei-street to Darling-road; thence northerly by Darling-road to Malvern-road; thence south-easterly by Malvern-road to Winton-road; thence north-easterly and easterly by Winton-road to the Kooyongkoot or Gardiner's Creek; thence generally south-easterly and north­ easterly by the existing channel of the Kooyongkoot or Gardiner's Creek to Warrigal-road; thence southerly by Warrigal-road to Dandenong-road; thence north-westerly by Dandenong-road to Grange-road; thence south-westerly by Grange-road to Glenhuntly-road, and thence westerly by Glenhuntly-road to Kooyong-road, being the point of commencement.

ELECTORAL DISTRICT OF COBURG: Commencing at the intersection of Melville-road and Moreland-road - west; thence northerly and north-westerly by Melville-road to Braemar-street; thence northerly by Braemar-street to Reynard-street; thence easterly by Reynard- street to Rose-street; thence northerly by Rose-street to Bell-street; thence easterly by Bell-street to Sussex-street; thence northerly by Sussex-street to the north boundary of the City of Coburg; thence easterly by that city boundary and southerly by the east boundary of the said city to Bell-street; thence westerly by Bell-street to the Merri Creek; thence generally southerly by the Merri Creek to Rennie-street; thence westerly by Rennie-street to Sydney-road; thence southerly by Sydney-road to Carron-street; thence westerly by Carron- street to Audley-street; thence northerly by Audley-street to Linda-street; thence westerly by Linda-street to Shaftesbury-street; thence south-westerly and southerly by Shaftesbury-street to Moreland-road west, and thence westerly by Moreland- road west to Melville-road, being the point of commencement.

ELECTORAL DISTRICT OF DANDENONG: Commencing at the intersection of Centre-road and Clayton-road; thence easterly by Centre-road and Police-road to the Dandenong Creek, further easterly by the road forming the south boundary of allotment 5, Parish of Narree 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. Worran, and again easterly by a road and the south boundaries of allotments 7 and 8, to the north-west angle of allotment 73; thence southerly by the west boundary of allotment 73 to a two-chain road; thence easterly and northerly by that road to the nosth-west angle of allotment 1, section 22; thence easterly by the north boundary of that allotment and a road to the Cardinia Creek; thence generally north-easterly by that creek to the two-chain road forming the south boundary of allotment 111; thence north-easterly, south-easterly and again north-easterly by that two-chain road to the south boundary of the Township of Emerald; thence easterly and northerly by the south and east boundaries of the Township of Emerald to the north boundary of allotment 44, Parish of Gembrook; thence easterly by the last-mentioned boundary, the north boundary of allotment 43 and a road to the west angle of allotment 43A; thence easterly and southerly by the north and east boundaries of the last-named allotment and further southerly, easterly and southerly by the boundaries of allotment 43 to the boundary between the Counties of Evelyn and Mornington; thence generally south-easterly by that county boundary to the north-east angle of allotment 97; thence generally soumerly by the east boundary of that allotment to its south-east angle; thence generally south-westerly by a two- chain road to the Toomuc Creek; thence southerly by that creek to the south boundary of allotment 67, section C; thence westerly by that boundary and the south boundary of allotment 68 to a road; thence southerly and westerly by that road to the north-west angle of allotment 53; thence southerly by a road to the north boundary of the Parish of Pakenham; thence south-westerly and westerly by that parish boundary to the east angle of allotment 226, Parish cf Pakenham; thence south-westerly by a road and easterly and south-westerly by the north and south-east boundaries of allotment 219 to the west angle of allotment 238; thence south-easterly by the southern boundary of the latter allotment to the north angle of allotment 216; thence south-westerly by the west boundary of the last-named allotment to the south-west angle of that allotment; thence southerly by a road to the south angle of allotment 157; thence further southerly, westerly and again southerly by a road to the Princes-highway; thence westerly by the Princes-highway to the north-east angle of allotment 28; thence southerly by a road to the north boundary of allotment 19A, section A1; thence westerly by a road to the Cardinia Creek; thence south­ easterly by that creek and a Drain Reserve to the south boundary of allotment 21; thence westerly by the road forming the south boundaries of the Parishes of Cranbourne and Lyndhurst to the west boundary of allotment 54, Parish of Lyndhurst; thence northerly by that boundary and a line to the south-east angle of the Banyan Water Holes Pre-emptive section; thence westerly and northerly by the south and west boundaries of that Pre-emptive section and further northerly by the west boundary of allotment 95 to the north-east angle of allotment 94; thence westerly by a road and further westerly by Eel Race-road to the eastern boundary of the City of Chelsea; thence northerly and north­ westerly by that city boundary to Springvale-road; thence north-easterly by Springvale-road to the Main Drain; thence westerly by the Main Drain and the Mordialloc Creek to the Nepean-highway; thence north-westerly by the Nepean-highway to Olive-grove; thence northerly by Olive-grove to Lower Dandenong-road; thence easterly by Lower Dandenong-road to Boundary-road; thence northerly by Boundary-road to Kingston-road; thence easterly by King­ ston-road to Clayton-road, and thence northerly by Clayton-road to Centre-road, being the point of commencement.

ELECTORAL DISTRICT OF DUNDAS: Commencing on the west boundary of the State where the north boundary of the Parish of Benayeo abuts thereon; thence generally easterly by the latter boundary to the west boundary of the Parish of Bringalbart; thence north by a road to the north-west angle of allotment 1B in that parish; thence north-easterly, south-easterly, and east by the north boundary of that parish to the road forming the west boundary of the Parish of Jallakin; thence south by that road to the south-west angle of allotment HA in that parish; thence east and south by a road to the south-west angle of allotment 49; thence east by a road to the south-east angle of allotment 64; thence north by a road to the south­ west angle of allotment 86; thence east by a road to the road forming the west boundary of the Parish of Awonga; thence north by that road to the south­ west angle of allotment 25 in that parish; thence east by a road to the road 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. forming the west boundary of the Parish of Char am; thence south by that road to the main road from Edenhope to Horsham; thence north-easterly by that road to the road forming the west boundary of the Parish of Turandurey; thence northerly by that road and easterly by the read forming the north boundary of the said parish to the west boundary of the Parish of Kalingur; thence generally northerly, easterly, and southerly by the west, north, and east boundaries of that parish to the north-east angle of allotment S3, Parish of Kalingur; thence east by a road to the north-east angle of allotment 43A, Parish of Tooan; thence northerly and easterly by the west and north boundaries of that parish to the main road from Edenhope to Horsham; thence north-easterly by that road to the most westerly angle of allotment 6, Parish of Natimuk; thence south-easterly, easterly, and southerly, and again easterly by the roads forming the south boundary of that parish to the Darragan Creek; thence northerly by that creek and north-westerly by the Wimmera River to the main road from Natimuk to Horsham; thence easterly by that road to the north-west angle of allotment 256A, Parish of Vectis East; thence southerly by the west boundary of that allotment and a line to the Wimmera River; thence north-easterly by that river to the road forming the west boundary of allotment 239, Parish of Bungalally; thence southerly by that road and further southerly, easterly, and south-westerly by the road forming the boundary between the Parishes of Bungalally and Vectis East to Norton's Creek; thence southerly by that creek to a point in line with the north boundary of allotment 53, Parish of Darragan; thence west by a line and a road to the north-west angle of allotment 113; thence south by a road to the south-east angle of allotment 78, and west by a road to the north-west angle of allotment 56, Parish of Nurrabiel; thence south and south-westerly by a road to the north angle of allotment 46; thence south by a road to the south-east angle of allotment 86A and south-easterly by the three-chain road forming the south boundary of the last-named parish, to the west boundary of the Parish of Mockinya; thence generally southerly by that boundary, easterly, northerly, and easterly by the south boundary of the said parish, and generally south-easterly and south-westerly by the boundary of the County of Dundas to Mount Abrupt; thence easterly, south-easterly and generally easterly by the south boundary of the County of Ripon to Mount Emu Creek; thence south-westerly and southerly by that creek to the road forming the north boundary of allotment 6AA, section 11, Parish of Jellalabad; thence east by that road and the road forming the north boundary of allotment 6AB to the east angle of that allotment; thence south-westerly and south by the road forming the east boundary of the last-named parish, southerly and south­ easterly by the road forming the east boundary of the Parish of Darlington, and west by the south boundary of the said parish to Mount Emu Creek; thence south-westerly and south-easterly by that creek to the road forming the south boundary of the Parish of Wooriwyrite; thence west by that road and the road forming the south boundary of the Parish of Mortlake to the south­ west angle of allotment 1, section 31, in that parish; thence south and south­ westerly by a road to the north angle of allotment 2, section 8, Parish of Keilambete; thence south and south-easterly by a road to the northern boundary of the Parish of Garvoc at the north-east angle of allotment 24c in the last- named parish; thence westerly by that parish boundary to the Hopkins River; thence northerly by the Hopkins River to the south boundary of the Parish of Ballangeich; thence westerly by that boundary and northerly by the west boundaries of the last-named parish and the Parish of Yeth-Youang to Muston's Creek; thence north-westerly by that creek to the south boundary of the Parish of Quamby North; thence westerly by that boundary and the road forming the south boundaries of the Parishes of Minjah North and Minhamite to the south-west angle of the latter parish; thence southerly by the east boundary of the Parish of Clonleigh, generally westerly by the southern boundaries of the last-named parish and the Parishes of Banangal and Macarthur and generally north-westerly by the south-western boundary of the last-named parish to the south boundary of the Parish of Ardonachie; thence generally westerly by the last-named boundary to the main drain forming the east boundaries of the Parishes of Condah and Greenhills; thence generally northerly by that main drain to the north-east angle of allotment 7, section 17, in the last-named parish; thence westerly by a road to the south-east angle of allotment 4D, section 6, Parish of Myamyn; thence northerly by a road to the north boundary of allotment 3A; thence westerly by that boundary, tho north 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. boundary of allotment 3c, and a road to the road forming the west boundary of the parish; thence northerly by the latter road and the road forming the east boundary of the Parish of Winyayung to the north-east angle of allotment 73B in that parish; thence westerly by a road to the main road from Digby to Hotspur; thence southerly by the last-mentioned road to the north-east angle of allotment 6A, section 1, Parish of Hotspur; thence west by a road to the south-west angle of allotment 19A, section A; thence westerly by the southern boundaries of allotments 20, 21, and 31, and a line to the west boundary of the parish; thence southerly by that boundary, and east by the south boundary of the parish to the Crawford River; thence southerly, north-westerly, and westerly by that river to the Glenelg River; thence north-westerly by that river to the road forming the south boundary of the Parish of Werrikoo; thence west by that road and the road forming the south boundary of the Parish of Ardno to the west boundary of the State, and thence northerly by the west boundary of the State to the north boundary of the Parish of Benayeo, being the point of commencement.

ELECTORAL DISTRICT OF ELSTERNWICK: Commencing on the shore of Port Phillip Bay at a point in line with Head-street; thence easterly by a line and Head-street to St. Kilda-street; thence northerly by St. Kilda-street to Glenhuntly-road; thence easterly by Glenhuntly- road to Bambra-road; thence southerly by Bambra-road and Thomas-street to the Nepean-highway; thence south-easterly by the Nepean-highway to Cummins- road; thence southerly by Cummins-road to South-road; thence westerly by South-road to Canberra-grove; thence northerly by Canberra-grove to Dendy- street; thence westerly by Dendy-street to Hampton-street; thence northerly by Hampton-street to the Nepean-highway; thence north-westerly by the Nepean- highway to North-road; thence westerly by North-road to the shore of Port Phillip Bay, and thence north-westerly by the shore of Port Phillip Bay to a point in line with Head-street, being the point of commencement.

ELECTORAL DISTRICT OF ESSENDON: Commencing on the north boundary of the City of Coburg at Sussex-street; thence westerly by that city boundary to Northumberland-road thence, southerly by Northumberland-road to Gaffney-street; thence westerly by Gaffney-street to the Moonee Ponds Creek; thence north-westerly by the Moonee Ponds Creek to the south boundary of the Parish of Tullamarine; thence westerly by that boundary to the north-west angle of allotment B, section 22, Parish of Doutta Galla; thence south-easterly by a road and the western boundary of allotment D to the south angle of that allotment; thence southerly by a direct line to the south-west angle of allotment 28, section 16; thence easterly by the north boundary of the City of Essendon and Woodland-street to Carnarvon-road; thence southerly by Carnarvon-road to Mount Alexandra-road; thence south-easterly by Mount Alexander-road to Buckley-street; thence easterly by Buckley-street to the Moonee Ponds Creek; thence northerly and north­ westerly by the Moonee Ponds Creek to Moreland-road west; thence easterly by Moreland-road west to Melville-road; thence northerly and north-westerly by Melville-road to Braemar-street; thence northerly by Braemar-street to Reynard-street; thence easterly by Reynard-street to Rose-street; thence northerly by Rose-street to Bell-street; thence easterly by Bell-street to Sussex-street, and thence northerly by Sussex-street to the north boundary of the City of Coburg, being the point of commencement.

ELECTORAL DISTRICT OF EVELYN: Commencing on the Yarra River where Banksia-street abuts thereon; thence westerly by Banksia-street to Warringal-place; thence northerly by Warringal- place, Upper Heidelberg-road and Waiora-road to the north boundary of allotment 4, Parish of Keelbundora; thence westerly by that boundary to Darebin Creek; thence north-westerly by Darebin Creek to the Upper Plenty- road; thence north-easterly by the Upper Plenty-road to the north boundary of the City of Preston; thence westerly by that city boundary to Darebin Creek; thence generally northerly by Darebin Creek to the south boundary of the Parish VOL. II.—16 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. of Morang; thence east by that boundary to the south-west angle of section 2 in that parish; thence north by the west boundary of that section and east by the south boundaries of sections 7 and 6 to the Plenty River; thence generally northerly by the Plenty River to the south boundary of section 12; thence east by that boundary to the west boundary of the Parish of Greensborougn; thence northerly by that parish boundary to the north-western angle of allotment 87, section A, in that parish; thence easterly and generally north­ easterly by a road to the north angle of allotment 27; thence south-easterly and easterly by a road to the north-east angle of allotment 14; thence southerly by a road to Diamond Creek; thence northerly by that creek, and north­ westerly, north-easterly and northerly by Arthur's Creek, to a point in line with the north boundary of allotment 14B, section A, Parish of Kinglake; thence westerly by a line and that boundary to a point in line with the east boundary of allotment 74E; thence northerly by a line and the last-mentioned boundary, and west by the north boundary of the last-named allotment to the south-west angle of allotment 72A; thence north-easterly and northerly by a road to the north-east angle of allotment 74B2; thence easterly and south­ easterly by the road along the Great Dividing Range to the south-west angle of allotment 20G, Parish of Kinglake; thence east by a road to the road forming the west boundary of allotment 54c; thence south-westerly by the latter road to the south-west angle of the said allotment; thence east by a road to the south-east angle of allotment 54D, south-easterly and northerly by a road to the south boundary of allotment S3, and east by that boundary to Island Creek; thence north-easterly by that creek to the southern boundary of allotment 51c; thence easterly, south, and again easterly by that boundary, southerly by a road and the west boundary of allotment 78 and easterly by a road to the road forming the east boundary of allotment 45; thence southerly by the last-mentioned road, the east boundary of allotment 45A, and a road to the east angle of allotment 23A, section B; thence generally easterly by the Great Dividing Range to Mount St. Leonard; thence north-easterly by a direct line to the Acheron River and Murrindindi Creek watershed (known as the Black Range) at the south boundary of the Parish of Granton; thence generally northerly by that watershed to the south boundary of the Parish of Glendale; thence easterly by that boundary and southerly by the Acheron River to the south boundary of the Parish of Taggerty; thence north-easterly, south-easterly and easterly by that boundary to the south-east angle of allotment 26 in the said parish; thence south-easterly by a direct line to Mount Arnold on the Great Dividing Range; thence south-easterly and easterly by that range to the east boundary of the County of Evelyn; thence southerly by that county boundary and generally south-westerly by the southern boundary of the County of Evelyn and north-westerly by a road to a point south of and in line with the eastern boundary of allotment 90D, Parish of Beenak; thence northerly by a line and the eastern boundary of the last-named allotment to the south­ east angle of allotment 89E; thence westerly by a road to the road forming the western boundary of allotment 89D; thence northerly by that road to the south-east angle of allotment 2; thence westerly by a road and the south boundary of allotment 1, Parish of Nangana, to the south-west angle of the latter allotment; thence southerly by the western boundaries of allotments 66A and 66 to the creek forming the northern boundary of allotment 68; thence westerly by that creek to the eastern branch of Shepherd's Creek; thence north-westerly by the latter creek and Shepherd's Creek to its junction with the Cockatoo Creek; thence north-westerly and northerly by the last- named creek to the Woori Yallock Creek; thence generally northerly by that creek to the south boundary of the Parish of Grayere; thence easterly by that boundary to the Yarra River, and thence generally north-westerly and south-westerly by the Yarra River to Banksia-street, being the point of commencement.

ELECTORAL DISTRICT OF FITZROY: Commencing on the North Carlton railway at Royal-parade; thence easterly by that railway to Bowen-crescent; thence southerly by Bowen-crescent to Pigdon-street; thence easterly by Pigdon-street to Nicholson-street; thence southerly by Nicholson-street to Freeman-street; thence easterly by Freeman- street to Napier-street; thence southerly by Napier-street to Queen's-parade; thence north-easterly by Queen's-parade to the Merri Creek; thence easterly 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. and south-westerly by the Merri Creek to Roseneath-street; thence westerly by Roseneath-street to Hoddle-street; thence southerly by Hoddle-street to Johnston-street; thence westerly by Johnston-street to Smith-street; thence southerly by Smith-street to Victoria-parade; thence westerly by Victoria-parade to Nicholson-street; thence northerly by .Nicholson-street to Faraday-street; thence westerly by Faraday-street to Swanston-street; thence southerly by Swanston-street to Grattan-street; thence westerly by Grattan-street to Royal- parade, and thence northerly by Royal-parade to the North Carlton railway, being the point of commencement.

ELECTORAL DISTRICT OF FLEMINGTON: Commencing on the Maribyrnong River where Maribyrnong-road abuts thereon; thence generally south-easterly by the Maribyrnong River to the Williamstown railway; thence easterly by that railway to a point in line with Victoria-street; thence easterly by a line and Victoria-street to Dryburgh-street; thence northerly by Dryburgh-street to Flemington-road; thence north-westerly by Flemington-road and Mount Alexander-road to the Moonee Ponds Creek; thence generally north-westerly by the Moonee Ponds Creek to Ormond-road; thence westerly by Ormond-road to Mount Alexander-road; thence south­ easterly by Mount Alexander-road to Maribyrnong-road, and thence westerly by Maribyrnong-road to the Maribyrnong River, being the point of commence­ ment.

ELECTORAL DISTRICT OF FOOTSCRAY: Commencing on the Maribyrnong River at Ashley-street; thence generally north-easterly and south-easterly by the Maribyrnong River to the Williamstown railway, thence westerly and south-westerly by that railway to Charles-street; thence westerly by Charles-street to Williamstown-road; thence northerly by Williamstown-road to Geelong-road; thence north-easterly by Geelong-road to the Melbourne to Bendigo railway; thence westerly by that railway to Ashley-street, and thence northerly by Ashley-street to the Maribyrnong River, being the point of commencement.

ELECTORAL DISTRICT OF GEELONG: Commencing on the sea coast at the mouth of the Barwon River; thence easterly by the sea coast, generally north-easterly, northerly and westerly by the shore of Port Phillip Bay and southerly, westerly and northerly by the shore of Corio Bay to a point in line with the north boundary of allotment 1, section 1. Parish of Moorpanyal; thence westerly by a line and Glenleith- avenue to Latrobe-terrace; thence southerly by Latrobe-terrace to Aberdeen- street; thence westerly by Aberdeen-street to Shannon-avenue; thence southerly by Shannon-avenue to the Barwon River, and thence north-easterly and generally south-easterly by the Barwon River, generally south-easterly by the northern shore of Lake Conewarre and further south-easterly by the Barwon River to the sea coast, being the point of commencement.

ELECTORAL DISTRICT OF GEELONG WEST: Commencing on the shore of Port Phillip Bay at the mouth of the Little River; thence generally north-westerly by that river and the Balliang Creek to the south-east boundary of allotment 18, section A, Parish of Balliang; thence north-easterly by a three-chain road to the north-east angle of allotment 17; thence west by a road to the west boundary of the Parish of Balliang; thence southerly by that boundary to the north-east angle of allotment 2A, section B, Parish of Beremboke; thence west and south by a road to the north-east angle of allotment 5; thence west by the north boundaries of that allotment and allotment 8 to the north-west angle of the latter allotment; thence westerly by a direct line to the south-east angle of allotment 24E; thence westerly by the south boundaries of the last-named parish and the Parish of Ballark to the Moorarbool River; thence southerly by that river to the southern boundary of allotment 47, Parish of Meredith; thence westerly by that boundary, the south boundaries of allotment 46 and the Borhoneyghurk Pre-emptive Section. 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. and a road to the north-west angle of allotment 133; thence southerly by the west boundaries of that allotment and allotments 132, 129, and 128 and further southerly by a road and a line in continuation thereof to the Geelong and Ballaarat railway; thence south-easterly by that railway to the south boundary of the Parish of Coolebarghurk; thence westerly by that boundary and the south boundary of the Parish of Bamganie to the Yarrowee River; thence north-westerly by the Yarrowee River to the north boundary of the Parish of Shelford; thence westerly by that boundary and the north boundary of the Parish of Shelford West, southerly by the west boundary of the last-named parish, and generally southerly by the west boundaries of the Parishes of Wingeel and Hesse to the south-west angle of allotment 27 in the last-named parish; thence easterly by a road and northerly by the road forming the east boundary of that parish to the Warrambine Creek; thence easterly by that creek to the road forming the west boundary of allotment 127, section A, Parish of Doroq; thence north by that road and east by the road forming the north boundaries of the said allotment and allotments 128 and 129 to the Barwon River; thence north-easterly and generally easterly by the Barwon River to Shannon-avenue, at the south-west corner of allotment 5, section 5, Parish of Moorpanyal; thence northerly by Shannon-avenue to Aberdeen-street; thence easterly by Aberdeen-street to Latrobe-terrace; thence northerly by Latrobe- terrace to Glenleith-avenue; thence easterly by Glenleith-avenue and a line in continuation of the north boundary of allotment 1, section 1, Parish of Moorpanyal to the shore of Corio Bay, and thence northerly and easterly by the shore of Corio Bay and generally north-easterly by the shore of Port Phillip Bay to the mouth of the Little River, being the point of commencement.

ELECTORAL DISTRICT OF GIPPSLAND EAST: Commencing on the sea coast at Cape Howe; thence generally south-westerly by the sea coast to the boundary between the Counties of Buln Buln and Tanjil; thence north-westerly by that county boundary to Lake Victoria; thence generally south-westerly and northerly by the southern shore of that lake, southerly and north-westerly by McLennan Strait, and generally south-westerly, westerly, and northerly by the southern shore of Lake Wellington to the Latrobe River; thence south-westerly by that river to the junction of Flooding Creek, being the south-east corner of the municipal district of the City of Sale; thence northerly, westerly, generally north-westerly, and southerly by the eastern, northern, and west boundaries of the said municipal district to the Thomson River; thence north-westerly by that river to the west boundary of the Parish of Wooundellah; thence southerly by that boundary to the Princes- highway; thence south-westerly by the Princes-highway to the west boundary of the Parish of Wurruk Wurruk; thence south-easterly, south-westerly and again south-easterly by that boundary to the Latrobe River; thence easterly by that river to the east boundary of the Parish of Holey Plains; thence southerly by that boundary to Merriman's Creek; thence easterly and southerly by that creek to a point in line with the west boundary of allotment 8, section A, Parish of Stradbroke; thence south by a line and the said boundary and easterly by a road to the north-west angle of allotment 30; thence southerly by the west boundaries of that allotment and allotment 31 and east by a road to the north-west angle of allotment 27; thence south by a road and southerly by the west boundaries of allotments 38, 39, 67, and 70 to the south-west angle of the last-mentioned allotment; thence westerly by the south boundary of the parish, southerly and westerly by the east and south boundaries of the Parish of Willung to Merriman's Creek; thence northerly and north­ easterly by that creek to the road forming the north-east boundary of allotment 52A, Parish of Tong Bong; thence north-westerly by that road and northerly by that road forming the east boundary of allotment 52 to the north boundary of the parish; thence westerly by that boundary to Flynn's Creek; thence northerly by that creek to its junction with the Latrobe River; thence generally westerly by that river to the junction of the Tyers River; thence generally north-westerly by the Tyers River to the north boundary of the County of Buln Buln and further north-westerly by that county boundary to the east boundary of the County of Evelyn, and northerly by the latter county boundary to the Great Dividing Range; thence generally easterly and north-easterly by that range to Mount Hotham; thence north-easterly by the watershed of the Kiewa River to Mount Bogong; thence south-easterly by the watershed of 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. the Snowy Creek to Mount Wills and north-easterly by that watershed to Mount Cooper; thence north-easterly by a direct line to Mount Gibbo; thence south­ easterly to a point on the Murray River in direct line between Mount Gibbo and Forest Hill, and thence generally southerly and easterly by that river and south-easterly by the State boundary to the sea coast at Cape Howe, being the point of commencement.

ELECTORAL DISTRICT OF GIPPSLAND SOUTH: Commencing on the sea coast where the east boundary of the County of Mornington abuts thereon; thence northerly by that county boundary to the north-west angle of allotment 58, Parish of Kirrak; thence easterly by a road and the south boundary of allotment 57 to the south-east angle of that allotment: thence northerly by a road, easterly by the south boundaries of allotments 12 and 9, and northerly by the east boundary of the latter allotment and a road to trie main road from Inverloch to Wonthaggi; thence westerly by the latter road to the south-east angle of allotment 25; thence northerly and easterly by a road to the north-west angle of allotment 47, and northerly by a road to the boundary between the Counties of Mornington and Buln Buln at the north-west angle of allotment 41A; thence easterly, northerly, easterly, northerly and again easterly and northerly by that county boundary to the north-west angle of allotment 51A, Parish of Leongatha; thence east, north, and easterly by a road to the south-west angle of allotment 72D, Parish of Korumburra; thence northerly by a road, the west boundaries of allotments 52c, 52B, and 52A, a road and a line to trie South Eastern Railway; thence easterly by that railway to a point in line with the east boundary of allotment 56A; thence northerly by a line, that boundary, a line, and the west boundary of allotment 55 to the north-west angle thereof; thence north-westerly by a road to the west angle of allotment 57A; thence easterly by a road, and northerly by the west boundaries of allotments 58 and 58A to the north angle of the latter allotment; thence south-easterly by a road and northerly by the east boundary of allotment 81 and a road to the south-west angle of allotment 80c; thence easterly by a road to the south-east angle of allotment 80B; thence northerly by the east boundary of that allotment and a line to the Wild Dog Valley-road; thence northerly by that road to the south boundary of allotment 87A, Parish of Allambee; thence easterly by that boundary and north-easterly by a road to the south angle of allotment 81c; thence northerly by the west boundary of that allotment and westerly by the south boundaries of allotments 77B and 76 to the south-west angle of the latter allotment; thence north by a road to the north­ east angle of allotment 74B; thence easterly by a road and the south boundaries of allotments 70D, 69C and 69D in the last-named parish to the south-east angle of the last-mentioned allotment; thence northerly by the east boundary of that allotment to the south boundary of allotment 37c; thence easterly by the latter boundary to the north-west angle of allotment 40; thence south-easterly, north­ easterly and north-westerly by the south-west, south-east and north-east boundaries of the said allotment to the south-east boundary of allotment 41; thence north-easterly by the last-mentioned boundary to the Grand Ridge-road; thence south-easterly, southwesterly and north-easterly by that road to the north-western angle of allotment 46, Parish of Allambee East; thence north­ easterly by the north-west boundaries of that allotment and allotment 45A, and further north-easterly by a road to the southern angle of allotment 13A; thence north-westerly by a road forming the south-western boundary of that allotment, and a line to the Tarwin River (West Branch); thence northerly and south­ easterly by that river to a point in line with the south-eastern boundary of allotment 13; thence north-easterly by a line and that boundary and north­ westerly by the north-eastern boundary of the said allotment to the south-eastern boundary of allotment 14; thence north-easterly by that boundary and north­ westerly by the north-eastern boundary of the said allotment to the road forming the south-eastern boundary of allotment 15; thence north-easterly by that road and north-westerly by the road forming the north-eastern boundary of the said allotment to the west angle of allotment 30B; thence north-easterly by the north-western boundaries of that allotment and allotment 30A, south-easterly by the north-eastern boundary of the latter allotment, northerly and south­ easterly by the road forming the south boundary of allotment 61A and further south-easterly by that road to the north-western boundary of allotment 47; thence north-easterly by that boundary and south-easterly by the north-eastern boundary 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. of the said allotment to its easterly angle; thence north-easterly by a road to the south-western boundary of allotment 77; thence south-easterly by that boundary and a road to the southern angle of allotment 91; thence north­ easterly by the south-eastern boundaries of that allotment and allotments 92 and 93 to the western angle of allotment 95; thence easterly and southerly by the north and east boundaries of allotment 97 and easterly by a road to the road forming the eastern boundary of the parish; thence southerly by that boundary and easterly by the south boundary of the Parish of Narracan South to the west boundary of the Township of Darlimurla; thence southerly by that boundary to the railway from North Mirboo to Morwell; thence easterly and north-easterly by that railway to the Morwell River at the south-western boundary of the Parish of Yinnar; thence northerly by that river to the north boundary of the Parish of Hazelwood; thence generally easterly by that boundary to the road forming the west boundary of allotment 11, section A, Parish of Traralgon; thence northerly and easterly by a road to the south-east angle of allotment 10; thence northerly by a road and westerly by the north boundary of the last-mentioned allotment to the east boundary of the Parish of Maryvale; thence northerly by that boundary to the three-chain road forming the north boundary of allotment 83 in that parish; thence south-westerly by that road to a point in line with the west boundary of allotment 3; thence northerly by a road and a line to the Latrobe River; thence easterly by the Latrobe River to the junction of Flynn's Creek; thence southerly by Flynn's Creek to the north boundary of the Parish of Tong Bong; thence easterly by that boundary and southerly by the east boundary of that parish to Merriman's Creek; thence south-westerly and southerly by that creek to the south boundary of the Parish of Willung; thence easterly by that boundary, northerly by the east boundary of that parish and easterly by the south boundary of the Parish of Stradbroke to the south-west angle of allotment 70, section A in the last- named parish; thence northerly by the western boundaries of that allotment and allotments 67, 39, 38 and a road to the north-west angle of allotment 27; thence westerly by a road to the south-west angle of allotment 31; thence northerly by the western boundaries of the last-mentioned allotment and allotment 30 and westerly by a road to the west boundary of allotment 8; thence northerly by the last-named boundary and a line in continuation thereof to Merriman's Creek; thence northerly and westerly by that creek to the east boundary of the Parish of Holey Plains; thence northerly by that boundary to the Latrobe River; thence westerly by the Latrobe River to the western boundary of the Parish of Wurruk Wurruk; thence north-westerly, north-easterly and again north-westerly by that boundary to the Princes-highway; thence north­ easterly by the Princes-highway to the west boundary of the Parish of Wooundellah; thence northerly by that boundary to the Thomson River; thence south-easterly by the Thomson River to the west boundary of the municipal district of the City of Sale; thence northerly by that boundary and generally south-easterly, easterly and southerly by the northern and eastern boundaries of the said municipal district to its south-east corner, being the junction of Flooding Creek with the Latrobe River; thence north-easterly by the Latrobe River to the southern shore ot Lake Wellington; thence southerly, easterly, and generally north-easterly by the southern shore of Lake Wellington, south­ easterly and northerly by McLennan Strait to the western shore of Lake Victoria; thence southerly by that shore, easterly by the southern shore of the said lake, being the boundary between the counties of Buln Buln and Tanjil, and south-easterly by that county boundary to the sea coast, and thence generally south-westerly, southerly and north-westerly by the sea coast to the east boundary of the County of Mornington, being the point of commencement. (To include the islands adjacent to the sea coast.)

ELECTORAL DISTRICT OF GIPPSLAND WEST: Commencing on the sea coast where the east boundary of the County of Mornington abuts thereon; thence northerly by that county boundary to the north-west angle of allotment 58, Parish of Kirrak; thence easterly by a road and the south boundary of allotment 57 to the south-east angle of that allotment; thence northerly by a road, easterly by the south boundaries of allotments 12 and 9, and northerly by the east boundary of the latter allotment and a road to the main road from Inverloch to Wonthaggi; thence westerly by the latter road to the south-east angle of allotment 25; thence northerly and easterly 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. by a road to the north-west angle of allotment 47, and northerly by a road to the boundary between the Counties of Mornington and Buln Buln at the north-west angle of allotment 41A; thence easterly, northerly, easterly, northerly and again easterly and northerly by that county boundary to the north-west angle of allotment 51A, Parish of Leongatha; thence east, north, and easterly by a road to the south-west angle of allotment 72D, Parish of Korumburra; thence northerly by a road, the west boundaries of allotments 52c, 52B, and 52A, a road and a line to the South Eastern Railway; thence easterly by that railway to a point in line with the east boundary of allotment 56A; thence northerly by a line, that boundary, a line, and the west boundary of allotment 55 to the north-west angle thereof; thence north-westerly by a road to the west angle of allotment 57A; thence easterly by a road, and northerly by the west boundaries of allotments 58 and 58A to the north angle of the latter allotment; thence south-easterly by a road and northerly by the east boundary of allot­ ment 81 and a road to the south-west angle of allotment 80c; thence easterly by a road to the south-east angle of allotment 80B; thence northerly by the east boundary of that allotment and a line to the Wild Dog Valley-road; thence northerly by that road to the south boundary of allotment 87A, Parish of Allambee; thence easterly by that boundary and north-easterly by a road to the south angle of allotment 81c; thence northerly by the west boundary of that allotment and westerly by the south boundaries of allotments 77B and and 76 to the south-west angle of the latter allotment; thence north by a road to the north-east angle of allotment 74B; thence easterly by a road and the south boundaries of allotments 70D, 69c and 69D in the last-named parish to the south-east angle of the last-mentioned allotment; thence northerly by the east boundary of that allotment to the south boundary of allotment 37c; thence easterly by the latter boundary to the north-west angle of allotment 40; thence generally northerly by a road to the south-east angle of allotment 33E; thence northerly by a road to the north-east angle of allotment 28; thence easterly by a road to the east boundary of allotment 26B; thence northerly by that boundary and easterly by the south boundary of allotment 22 to the south-east angle thereof; thence northerly by a road to the two-chain road known as McDonald's- track; thence south-easterly by that road to the south-east angle of allotment 120, Parish of Warragul; thence northerly and westerly by a road to the south-west angle of allotment 93; thence northerly by a road and a line in continuation thereof to the north boundary.of the Parish of Warragul; thence generally westerly by that boundary to the south-west angle of allotment 107A, Parish of Drouin East; thence northerly by a road to the Melbourne to Sale Railway; thence easterly by that railway to a point in line with the west boundary of allotment 64; thence northerly by a line and a road to the north-east angle of allotment 17, section A; thence westerly by a road to the Warragul to Rokeby Railway; thence northerly by that railway, and westerly by the State Electricity Commission's Transmission Line to the west boundary of allotment 26; thence northerly by that boundary and north-westerly by a three-chain road to the south-east boundary of allotment 23, Parish of Drouin West; thence north-easterly by that boundary to Brandy Creek; thence north-westerly by Brandy Creek and westerly by the Tarago River to the Bunyip River; thence northerly by the Bunyip River to its source at the south boundary of the County of Evelyn; thence generally south-westerly by that county boundary and north-westerly by a road to a point south of and in line with the eastern boundary of allotment 90D, Parish of Beenak; thence northerly by a line and the eastern boundary of the last-named allotment to the south­ east angle of allotment 89E; thence westerly by a road to the road forming the western boundary of allotment 89D; thence northerly by that road to the south-east angle of allotment 2; thence westerly by a road and the south boundary of allotment 1, Parish of Nangana, to the south-west angle of the latter allotment; thence southerly by the western boundaries of allotments 66A and 66 to the creek forming the northern boundary of allotment 68; thence westerly by that creek to the eastern branch of Shepherd's Creek; thence north­ westerly by the latter creek and Shepherd's Creek to its junction with the Cockatoo Creek; thence generally southerly by the Cockatoo Creek to the road forming the northern boundary of allotment 73, Parish of Gembrook; thence westerly by that road and southerly by the road forming the west boundary of the said allotment to the boundary between the Counties of Evelyn and Mornington; thence generally south-easterly by that county boundary to the north-east angle of allotment 97; thence generally southerly by the 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. east boundary of that allotment to its south-east angle; thence generally south­ westerly by a two-chain road to the Toomuc Creek; thence southerly by that creek to the south boundary of allotment 67, section C; thence westerly by that boundary and the south boundary of allotment 68 to a road; thence southerly and westerly by that road to the north-west angle of allotment 53; thence southerly by a road to the north boundary of the Parish of Pakenham; thence south-westerly and westerly by that parish boundary to the east angle of allotment 226, Parish of Pakenham; thence south-westerly by a road and easterly and south-westerly by the north and south-east boundaries of allot­ ment 219 to the west angle of allotment 238; thence south-easterly by the southern boundary of the latter allotment to the north angle of allotment 216; thence south-westerly by the west boundary of the last-named allotment to the south-west angle of that allotment; thence southerly by a road to the south angle of allotment 157; thence further southerly, westerly, and again southerly by a road to the Princes-highway; thence westerly by the Princes-highway to the north-east angle of allotment 28; thence southerly by a road to the north boundary of allotment 19A, section A1; thence westerly by a road to the Cardinia Creek; thence south-easterly by that creek and a Drain Reserve to the south boundary of allotment 21; thence easterly by the road forming the south boundaries of the Parishes of Pakenham and Nar-nar-goon to the south-west angle of allotment 34, section J, Parish of Koo-wee-rup; thence south by the main road from Pakenham to Koo-wee-rup and a line to the South Eastern Railway; thence easterly and south-easterly by that railway to the Yallock Creek; thence south-westerly by that creek to the shore of Western Port, and thence southerly, westerly and southerly by the eastern shore of Western Port and south-easterly by the sea coast to the east boundary of the County of Mornington, being the point of commencement.

ELECTORAL DISTRICT OF GRANT: Commencing on the shore of Port Phillip Bay at the mouth of the Little River; thence north-easterly by the shore of Port Phillip Bay to a point in line with Challis-street; thence northerly by a line and Challis-street to Mason-street; thence easterly by Mason-street to Johnston-street; thence northerly by Johnston- street to Blackshaw's road; thence westerly by Blackshaw's-road to Stephenson- street; thence northerly by Stephenson-street to The Avenue; thence westerly by The Avenue, Watson-street and the south boundary of the City of Footscray and northerly by the west boundary of the said city and Ashley-street to the Maribyrnong River; thence generally north-easterly and south-easterly by that river to the west boundary of the City of Essendon; thence northerly by that city boundary to Buckley-street; thence westerly by Buckley-street and south­ westerly and south-easterly by Milleara-road to the Maribyrnong River; thence generally north-westerly by the Maribyrnong River to a point in line with the south boundary of allotment 18, section A, Parish of Maribyrnong; thence westerly by a line, that boundary and the south boundary of allotment N, section 13 and further westerly by a road to the west boundary of the parish; thence southerly by that boundary and the west boundary of the Parish of Derrimut to the south boundary of the Parish of Pywheitjorrk; thence westerly by that boundary to the Werribee River; thence generally north-westerly by the Werribee River to the east boundary of the Parish of Parwan; thence southerly by that boundary and westerly by the south boundary of that parish to the Balliang Creek; thence southerly by that creek to the north boundary of allotment 17, section A, Parish of Balliang; thence easterly by a road to the north-east angle of that allotment and south-westerly by a three-chain road to the Balliang Creek, and thence south-easterly by that creek and the Little River to the shore of Port Phillip Bay, being the point of commencement.

ELECTORAL DISTRICT OF HAMPDEN: Commencing on Mount Abrupt; thence generally north-easterly by the eastern boundary of the County of Dundas and northerly by the Grampians Range to a point west of the south-west angle of allotment 5D (at Hall's Gap) in the Parish of Boroka; thence east by a line to that angle; thence easterly by the soutn boundary of that allotment to the south-east angle thereof; thence south-easterly by a line to the Grampians-road and further easterly by that road to the north angle of allotment 62; thence south-easterly by a road to the west angle of allotment 76A; thence north-easterly and easterly by the west 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. and north boundaries of that allotment to the north-west angle of allotment 74; thence easterly by the northern boundaries of that allotment and allotment 74A to the west boundary of the Parish of Bellellen; thence southerly, easterly, and northerly by roads forming the west, south, and east boundaries of that parish to the north-west angle of allotment 57, section Y, Parish of Mokepilly; thence easterly and south-easterly by a road to the north-west angle of allot­ ment 47; thence easterly and northerly by a road to the southern angle of allotment 60; thence generally north-easterly and south-easterly by a road to the southern angle of allotment 54, and further south-easterly by a road to the south-west angle of allotment 16; thence easterly by a road to the north­ east angle of allotment 14, section 3, Parish of Concongella South; thence south and east by the west and south boundaries of allotment 13, and south and east by the west and south boundaries of allotment G6 to the south-east angle thereof; thence easterly by a road to the north-east angle of allotment 26; thence south and south-easterly by a one-chain road to the north-west angle of the Parish of Ararat, and south-easterly by a road forming the west boundary of that parish to the road forming the south boundary of allotment A16, section 15, Parish of Ararat; thence easterly and north-easterly by that road to the north angle of allotment A5; thence south-easterly and south by the eastern boundary of that allotment to the north-western angle of allotment 116; thence east and south by the north and east boundaries of that allotment to its south-east angle; thence east and south by the north and east boundaries of allotment A8 to its south-east angle; thence east and south by a road to the north-west angle of allotment 71; thence easterly by the north boundary of that allotment and south-easterly by the eastern boundaries of the said allotment and allotment 70 to the south-east angle of the latter allotment; thence west by a road to the east boundary of allotment 69; thence south by that boundary and east and south by the north and east boundaries of allotment 66 to the south-east angle of that allotment; thence east by a road, south by the east boundaries of allotments 125 and 124 and a line to the north boundary of allotment 1B, section 11; thence easterly by that boundary and north-easterly, south, and west by the north, east, and south boundaries of allotment 2, to the south-west angle of that allotment; thence further west by the south boundary of allotment 1A, and southerly by the east boundaries of allotments 6, 7, and 14 to the north angle of allotment 8; thence north-easterly, south, west, and again south by the boundaries of allotment 15, east by the north boundaries of allotments 23. 24, and 25, and north and east by the west and north boundaries of allotment 26 to the boundary between the Counties of Borung and Ripon; thence generally north-easterly by that county boundary to the road forming the north boundary of allotment 30A, section 3A: thence north­ easterly by that road and a line to the Ararat and Stawell Railway; thence north-westerly by that railway to a point in line with the north boundary of allotment 34; thence east bv a line and a road to the south-east an.cle of allotment 66, section 15B, Parish of Ararat; thence north and west by the east and north boundaries of that allotment to the south-east angle of allot­ ment 67; thence north by the east boundaries of that allotment and allot­ ment 68, north-easterly and northerly by the boundaries of allotment 71 to the south angle of allotment 72, and north-easterly by the south-eastern boundaries of that allotment and allotments 75 and 76 to the south boundary of the Parish of Concongella South; thence east by that boundary to the east boundary of allotment 23, section Y, in that parish; thence north by that boundary and the east boundary of allotment 22 to the road forming the north boundary of the latter allotment; thence west by that road to the south-east angle of allot­ ment 34A, Parish of Bulgana; thence northerly by the east boundary of that allotment and easterly and northerly by the south and east boundaries of allotment 34B to the south boundary of allotment 32; thence east and north by the south and east boundaries of the last-mentioned allotment and further north by the east boundary of allotment 30 to the south-west angle of allot­ ment 31A; thence easterly by the south boundary of that allotment and south and east by the west and south boundaries of allotment 38 to its south-east angle; thence northerly by a road, easterly by the south boundary of allot­ ment 94, and south by the west boundary of allotment 52 to its south-west angle; thence east by a road to the east boundary of the parish; thence northerly by a road to the south-west angle of allotment 15, section A, Parish of Crowlands; thence east by a road to the south-east angle of that allotment; thence north by a road and the west boundary of allotment 16 to the north-west angle 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. thereof; thence east and south by the north and east boundaries of the said allotment to the north-west angle of allotment 7; thence north-easterly by a line and a road to the east angle of allotment Al, section 2; thence south-easterly and easterly by a road and the south boundary of the Township of Crowlands to the Wimmera River; thence south-easterly, north-easterly, and again south­ easterly by that river to the road forming the east boundary of allotment 24, section K, Parish of Eversley; thence north by that road to the south-west angle of allotment 12; thence east by the south boundary of that allotment and the south boundaries of allotments 11 and 8A and a line to the Nowhere Creek; thence north-easterly by that creek to a point in line with a road forming the east boundary of allotment 8F, section 1, Parish of Glenpatrick; thence south-easterly by a line and the last-mentioned road to the east angle of allotment lc; thence north-easterly by a road to the north angle of allot­ ment 14A, section 2; thence south-easterly by a road to the south angle of allotment 30; thence north-easterly and south-easterly by a road to the east angle of allotment 16; thence north-easterly and north-westerly by a road to the south angle of allotment 22; thence north-easterly by a road to the south­ west angle of allotment 12, section D, Parish of Glenlogie; thence east by the north boundaries of allotments 11 and 14 and south by the east boundary of the latter allotment to the north-west angle of allotment 2M; thence north­ easterly by the northern boundaries of that allotment and allotments 2B, 2S, 2R, and 2J and south-easterly by the eastern boundary of the last-named allotment to the north-west angle of allotment 2E; thence north-easterly by the northern boundaries of allotments 2E and 2v and south-easterly by the eastern boundary of the latter allotment to the north-west angle of allotment 2D; thence north­ easterly by the northern boundary of that allotment and south-easterly by a road to the south angle of allotment 9G; thence north-easterly by a road to the north-west angle of allotment 1J; thence east by a road to the west boundary of allotment IN; thence northerly by that boundary, easterly by the northern boundaries of that allotment and allotment 1M, and south-easterly by the south­ western boundary of allotment 103AB to the south angle of the said allotment; thence north-easterly by a road to the north angle of allotment 103; thence south-easterly by a road to the Avoca River; thence north-easterly by that river to the road forming the south-western boundary of allotment 22, Parish of Yalong; thence south-easterly by that road to the south-western angle of allot­ ment Y16; thence easterly by a road to the south angle of allotment 30E; thence northerly by a road to the north-west angle of allotment 15A; thence south-easterly and north-easterly by the northern boundary of that allotment, further north-easterly by the northern boundary of allotment 15 and south­ easterly by a road to the north boundary of allotment 32; thence east by that boundary and north by a road to the north boundary of allotment 8, section A; thence east by that boundary and the north boundary of allotment 9 and south by the east boundary of the latter allotment to the north boundary of allotment 4; thence east by the last-mentioned boundary and north by a road to the north-west angle of allotment 6; thence east by a road and the south boundaries of allotments 22, section 1, allotments 21A, and 21c to the road forming the east boundary of allotment EIIB and south by that road to the North-Western-highway; thence north-easterly by that highway to the south­ west angle of allotment 20; thence east by a road, the north boundary of the Woodstock Pre-emptive Section and a road to the north-east angle of allotment 18, section 3, Parish of Lillicur; thence south by a road to the south-east angle of allotment 26; thence east by the south boundary of the last-named parish to the west boundary of the Parish of Amherst; thence south by that boundary and east by the south boundary of the said parish to the west boundary of the Parish of Beckwith; thence south by the road forming the west boundaries of the last-named parish and the Parish of Addington, and further south by the east boundaries of sections 32, 31, and 2, Parish of Ercildoun, to the north boundary of allotment 3, section 15 (Ercildoun Estate); thence south-westerly by the last-mentioned boundary, southerly by the western •boundary of the said allotment, and south-easterly by the western boundary of allotment 5, to the eastern boundary of section 3; thence south by the last- mentioned boundary and a road to the south-east angle of section 6; thence west by a road to the north-east angle of allotment 3, section 8 (Ercildoun Estate); thence southerly by the eastern boundaries of the said allotment and allotment 4, section 7, to the North-Western railway; thence westerly by that railway to the western boundary of allotment 2, section 9; thence southerly by that 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. boundary and easterly by the Western-highway to the road forming the west boundary of suburban allotment 11, Parish of Brewster; thence south by that road and east by the south boundary of the last-mentioned allotment and a line to the shore of Lake Burrumbeet; thence generally southerly and easteily by that shore to the mouth of Burrumbeet Creek; thence south-easterly by that creek to a point in line with the east boundary of allotment 4, section B, Parish of Haddon; thence south by a line, that boundary, and a road to the south angle of allotment 6, section 7, Parish of Haddon; thence north­ easterly by a road to the north-east angle of allotment 2, section 4; thence east by a road to the north-west angle of allotment 1, section 1, Parish of Cardigan; thence south by a road to the south-west angle of allotment 6, section 8, at the south boundary of the parish; thence easterly by a road to the east boundary of the Parish of Smythesdale; thence southerly by that boundary and the east boundary of the Parish of Scarsdale to the south-east angle of the last-named parish; thence south by a direct line to the north-east boundary of allotment 3A, section B, Parish of Lynchfield; thence south-easterly by the boundaries of that allotment and allotment 2 to the south-east angle of the last-mentioned allotment; thence south-easterly by a direct line to the north­ east angle of allotment 1A, section C; thence south by the east boundaries of that allotment and allotment 1B and a line to the western boundary of allot­ ment 13, section D; thence south-westerly by a road to the south boundary of the Parish of Lynchfield; thence generally easterly by that boundary and the south boundary of the Parish of Enfield to the Yarrowee River; thence south-easterly by that river to the north boundary of the Parish of Shelford; thence westerly by that boundary and the north boundary of the Parish of Shelford West, southerly by the west boundary of the last-named parish, and generally southerly by the west boundaries of the Parishes of Wingeel and Hesse to the south-west angle of allotment 27 in the last-named parish; thence easterly by a road to the north-west angle of allotment 7; thence southerly by the road forming the eastern boundaries of the Parishes of Warracbarunah and Turkeeth and further southerly by a road to the south-east angle of allotment 57B, Parish of Birregurra: thence westerly, southerly and westerly by a road to the south-west angle of allotment 56B; thence north-westerly by a road to the south-east angle of allotment 68B; thence westerly by a road and northerly and westerly by the east and north boundaries of allotment 71 to the north-west angle of the last-mentioned allotment; thence southerly by a road and westerly and southerly by the north and west boundaries of allotment 74 to the north boundary of the Parish of Irrewarra; thence westerly by that parish boundary and the north boundary of the County of Polwarth to the shore of Lake Coranga- mite; thence generally south-westerly and north-westerly by the shore of that lake and south-westerly by the northern boundary of the County of Heyresbury to the east boundary of the Parish of Tandarook: thence southerly by the last- mentioned boundary, westerly by the south boundary of that parish, southerly by the east boundary of the Parish of Elingamite and westerly by the road forming the south boundaries of the last named parish and the Parish of Ecklin to the road forming the east boundary of the Parish of Laang; thence northerly by the last-mentioned road to the Mount Emu Creek; thence south-westerly by the Mount Emu Creek to the south corner of portion 1B, allotment 13B. Township of Garvoc; thence northerly by a road to the north-west angle of allotment 2 in the said township; thence north-easterly and northerly by the Princes-highway to the north boundary of the Parish of Garvoc; thence westerly by that parish boundary to the north-east angle of allotment 24c in that parish; thence north-westerly and northerly by a road to the north angle of allotment 2, section 8, Parish of Keilambete; thence north-easterly and northerly by a road to the south-west angle of allotment 1, section 31, Parish of Mortlake; thence east by the road forming the south boundaries of the Parishes of Mortlake and Wooriwyrite to the Mount Emu Creek; thence north-westerly and north­ easterly by that creek to the south boundary of the Parish of Darlington; thence east by that boundary to the road forming the east boundary of the said parish; thence north-westerly and northerly by that road, and north and north-easterly by the road forming the east boundary of the Parish of Jellalabad to the east angle of allotment 6AB, section 11, in that parish; thence west by a road to Mount Emu Creek; thence generally northerly and north-easterly by that creek to the south boundary of the County of Ripon, and thence generally westerly, north­ westerly and again westerly by that county boundary to Mount Abrupt, being the point of commencement. 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. ELECTORAL DISTRICT OF HAWTHORN: Commencing at the junction of Auburn-road with Barker's-road; thence southerly by Auburn-road to Toorak-road; thence westerly by Toorak-road to the Kooyongkoot or Gardiner's Creek; thence generally north-westerly by the existing channel of the Kooyongkoot or Gardiner's Creek to the Yarra River; thence generally westerly by the Yarra River to Punt-road; thence northerly by Punt-road to Swan-street; thence easterly by Swan-street to Burnley-street; thence northerly by Burnley-street to Victoria-street and thence easterly by Victoria-street and Barker's-road to Auburn-road, being the point of commencement.

ELECTORAL DISTRICT OF IVANHOE: Commencing at the junction of the Merri Creek with the Yarra River; thence northerly and generally south-easterly, north-westerly, north-easterly and northerly by the Yarra River to Banksia-street; thence westerly by Banksia- street and a line in continuation thereof to Darebin Creek and further westerly by a road and Dundas-street to Victoria-road; thence southerly by Victoria-road to Clarke-street; thence westerly by Clarke-street to Simpson-street; thence southerly by Simpson-street and Holmes-street to Heidelberg-road; thence south­ westerly by Heidelberg-road to the Merri Creek and thence south-easterly and southerly by the Merri Creek to its junction with the Yarra River, being the point of commencement.

ELECTORAL DISTRICT OF KARA KARA: Commencing on the Loddon River where the road forming the north boundary of allotment 101, Parish of Mysia, abuts thereon, thence westerly by that road to the Kinypanial Creek; thence westerly by that creek to the road forming the south boundary of allotment 84B; thence westerly by that road to the north-west angle of allotment 115; thence south by a road to the north-east angle of allotment 116; thence westerly by a road to the road forming the east boundary of allotment 18, Parish of Wychitella; thence south-westerly by that road to the south angle of the last-mentioned allotment; thence north by a road to the north-east angle of allotment 27; thence west and south by a road to the south-east angle of allotment 87; thence west by a road to the north­ west angle of allotment 38; thence south by a road to the north-east angle of allotment 16, Parish of Terrappee; thence west by a road and south by a three- chain road to the north-east angle of allotment 22; thence west and north by a road to the north-east angle of allotment 31; thence westerly by a road to the south-west angle of allotment 11, Parish of Narrewillock; thence northerly by a road to the south-east angle of allotment 12; thence westerly by a road to the Avoca River; thence northerly by that river to the south boundary of the Parish of Wycheproof; thence westerly by that boundary to the road forming the eastern boundary of allotment 36, Parish of Teddywaddy; thence southerly, south­ westerly, and again southerly by that road to the south-east angle of allotment 67A; thence north-westerly and northerly by a road to the north-west angle of that allotment; thence westerly, southerly, and again westerly by the road forming the southern boundary of the last-mentioned parish to the east boundary of the Parish of Corack East at the north-east angle of allotment 4, section E, in that parish; thence northerly by a road to the south-east angle of allotment 2; thence west by a road and northerly by the west boundaries of the said allotment and allotment 37, section D, and a road to the road forming the north boundary of the parish; thence westerly by that road to the north-west angle of allotment 16, section C, Parish of Corack East; thence southerly by a road to the road forming the south boundary of allotment 53A, Parish of Corack; thence westerly by the latter road to the north-west angle of allotment 68; thence southerly and westerly by a road to the three-chain road forming the east boundary of allotment 47; thence north-westerly by the last-mentioned road, westerly by the road forming the north boundary of the last-named allotment and southerly by a road to the south-east angle of allotment 32, Parish of Warmur; thence westerly by a road to the south-east angle of allotment 36; thence south-westerly by the North-Western-highway to the north boundary of allotment 26; thence westerly by that boundary, southerly by a road, and westerly by the north boundary of allotment 25 to the north boundary of the Parish of Watchem; thence westerly by that boundary, and generally southerly by the west 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. boundaries of that parish and the Parishes of Carron and Laen to the north­ east angle of allotment 78A, Parish ot Dunmunkle; thence westerly by a road to the north-east angle of allotment 95A, Parish of Nullan; thence southerly by the road forming the east boundary of the parish to the main road from Donald to Minyip; thence south-westerly by the latter road to the north-east angle of allotment 143; thence westerly by a road to the north-west angle of allotment 136; thence north-westerly by the main road from Minyip to Warracknabeal to the south-east angle of allotment 128; thence westerly by a three-chain road to the Yarriambiack Creek; thence southerly by that creek to its junction with the Wimmera River; thence south-easterly by that river to the road forming the south boundary of the Parish of Marma; thence easterly by that road and the road forming the south boundary of the Parish of Wirchilleba to the road forming the east boundary of the Parish of Callawadda; tbence southerly by that road to the road forming the south boundary of the Parish of Wallaloo; thence easterly by that road to the road forming the east boundary of the Parish of Bolangum; thence southerly by that road to the road forming the south boundary of the Parish of Warngar; thence easterly by that road to the west boundary of allotment 3A, section 2, Parish of Morrl Morrl; thence northerly and easterly by a road to the north-east angle of allotment 3, section 2; thence southerly by the three-chain road from Wallaloo to Navarre to the north-wesi angle of allotment 4, section 2; thence easterly, southerly and westerly by the north, east and south boundaries of that allotment to the road from Wallaloo to Navarre; thence south-easterly by that road to the eastern angle of allotment 207A, Parish of Navarre; thence easterly by the three-chain road from Stawell to Navarre to the north-east angle of allotment 221; thence southerly by a road to the south-east angle of allotment 245; thence westerly by a road to Howard's Creek; thence south-easterly by that creek to the road forming the north boundary of allotment 1L, Parish of Landsborough; thence westerly by that road to the north-east angle of allotment 14, section 3; thence southerly by a road to the north angle of allotment 20A; thence south-easterly by the north-east boundary of that allotment, and easterly by the north boundary of allotment 21 to the north-east angle of that allotment; thence southerly by the east boundary of allotment 21 and the west boundary of allotment 32A to the south-west angle of the last-mentioned allotment; thence south-westerly by the Landsborough to Glenorchy road to the north-east angle of allotment 13, section 4; thence southerly and westerly by the road forming the east and south boundary of that allotment, and further southerly by a road to the south-east angle of allotment 18; thence westerly by a road and southerly by the east boundary of allotment 19 to the south angle of that allotment; thence southerly by roads forming the east boundary of the Parish of Crowlands to the north-east angle of allotment 17 in that parish; thence south-westerly by the east boundaries of that allotment and allotments 19, 6 and 5 to the south angle of the last-mentioned allotment; thence south-easterly by the Glenorchy to Crowlands road to the road forming the west boundary of the Township of Crowlands; thence southerly by that boundary and easterly by the south boundary of the said township to the Wimmera River; thence south­ easterly, north-easterly, and again south-easterly by that river to the road forming the east boundary of allotment 24, section K, Parish of Eversley; thence north by that road to the south-west angle of allotment 12; thence east by the south boundary of that allotment and the south boundaries of allotments 11 and 8A and a line to the Nowhere Creek; thence north-easterly by that creek to a point in line with a road forming the east boundary of allotment 8F, section 1, Parish of Glenpatrick; thence south-easterly by a line and the last-mentioned road to the east angle of allotment 1c; thence north-easterly by a road to the north angle of allotment 14A, section 2; thence south-easterly by a road to the south angle of allotment 30; thence north-easterly and south-easterly by a road to the east angle of allotment 16; thence north-easterly and north­ westerly by a road to the south angle of allotment 22; thence north-easterly by a road to the south-west angle of allotment 12, section D. Parish of Glenlogie- thence east by the north boundaries of allotments 11 and 14 and south by the east boundary of the latter allotment to the north-west angle of allotment 2M- thence north-easterly by the northern boundaries of that allotment and allotments 2B, 2S, 2R and 2j and south-easterly by the eastern boundary of the last-named allotment to the north-west angle of allotment 2E; thence north-easterly by the northern boundaries of allotments 2E and 2v and south-easterly by the eastern 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. boundary of the latter allotment to the north-west angle of allotment 2D; thence north-easterly by the northern boundary of that allotment and south-easterly by a road to the south angle of allotment 9G; thence north-easterly by a road to the north-west angle of allotment 1J; thence east by a road to the west boundary of allotment IN; thence northerly by that boundary, easterly by the northern boundaries of that allotment and allotment 1M and south-easterly by the south­ western boundary of allotment 103AB to the south angle of the said allotment; thence north-easterly by a road to the north angle of allotment 103; thence south-easterly by a road to the Avoca River; thence north-easterly by that river to the road forming the south-western boundary of allotment 22, Parish of Yalong; thence south-easterly by that road to the south-western angle of allotment Y16; thence easterly by a road to the south angle of allotment 30E; thence northerly by a road to the north-west angle of allotment 15A; thence south-easterly and north-easterly by the northern boundary of that allotment, further north-easterly by the northern boundary of allotment 15 and south­ easterly by a road to the north boundary of allotment 32; thence east by that boundary and north by a road to the north boundary of allotment 8, section A; thence east by that boundary and the north boundary of allotment 9 and south by the east boundary of the latter allotment to the north boundary of allotment 4; thence east by the last-mentioned boundary and north by a road to the north-west angle of allotment 6; thence east by a road and the south boundaries of allotments 22, section 1, allotments 21A, and 21c to the road forming the east boundary of allotment E.IIB, and south by that road to the North-Western-highway; thence north-easterly by that highway to the south-west angle of allotment 20; thence east by a road, the north boundary of the Woodstock Pre-emptive Section and a road to the north-east angle of allotment 18, section 3, Parish of Lillicur; thence south by a road to the south-east angle of allotment 26; thence east by the south boundary of the last-named parish to the west boundary of the Parish of Amherst; thence south by the last-mentioned boundary and east by the south boundaries of the Parishes of Amherst, Eglington, and Glengower to the south-east angle of allotment 16D in the last-named parish; thence northerly and north-easterly by a road to the north-east angle of allotment 42A; thence generally easterly by the south boundary of the Parish of Rodborough to Joyce's Creek; thence generally south-easterly by Joyce's Creek, to the south angle of allotment 13N, Parish of Campbelltown; thence northerly and westerly by the east and north boundaries of that parish to the road forming the west boundaries of allotments 29c and 29D, section 3, Parish of Sandon; thence northerly by that road and easterly by the road forming the northern boundary of the last-mentioned allotment to the east boundary of the Parish of Sandon; thence northerly by that parish boundary to the south boundary of the Parish of Strangways; thence easterly by the last-named boundary and southerly and easterly by the west and south boundaries of the Parish of Guildford to the south-east angle of allotment 27E, section 14, Parish of Guildford; thence northerly by the east boundaries of that allotment and allotments 27, 26, and 27B, a road, the west boundary of allotment 38, section 6, and a road to the north-west angle of allotment 37; thence easterly by the road forming the south boundary of the Strath-Loddon Pre-emptive Section and the continuation thereof to the east boundary of the Parish of Guildford; thence northerly and westerly by the east and north boundaries of that parish to the north-west angle of allotment 3, section 4; thence southerly and westerly by the east and south boundaries of allotment 2 and northerly and westerly by the east and north boundaries of allotment 1 to the east boundary of the Parish of Muckleford; thence northerly by that parish boundary to the road forming the south-west boundary of allotment 6E, section 7, in that parish; thence north-westerly by that road to the east boundary of allotment 24A; thence northerly by that boundary and the east boundary of allotment 6B, westerly by the north boundary of the last-named allotment and northerly and westerly by the east and north boundaries of allotment 6A to the north-west angle of thai allotment; thence northerly and easterly by the west and north boundaries of allotments 6D to the east boundary of the Parish of Muckleford; thence northerly by that parish boundary to the north angle of allotment 31B, section 8; thence south-westerly by a road to the east angle of allotment 31c; thence north­ westerly and south-westerly by the boundaries of that allotment to the west angle thereof; thence south-westerly and westerly by a road to the south-west angle of allotment 11F, section 8A; thence due west by a line to the east 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. boundary of the Parish of Tarrengower; thence northerly and westerly by the east and north boundaries of the Parish of Tarrengower to the north-west angle of allotments 56, section C, in that parish; thence generally north-easterly by a road to the north-east angle of allotment 22, section M, Parish of Maldon; thence further north-easterly and northerly by a road across the Tarrengower Creek to the south-east angle of allotment 102, section G; thence south-westerly by the south-east boundaries of that allotment and allotment 99 and further south-westerly and north-westerly by a road to the south-west angle of allotment 6, section M1; thence north-easterly and easterly by the west and north boundaries of the last-named allotment and north-easterly by the west boundary of allotment 2A to the north-west angle of the latter allotment; thence north­ westerly by a direct line to the south-west angle of allotment 28, section 12; thence north-easterly by the west boundary of that allotment to the north­ west angle thereof; thence northerly by a direct line to the south west angle of allotment 26; thence north-easterly by the west boundary of that allotment to the north-west angle thereof; thence northerly by a direct line to the south-west angle of the Township of Maldon; thence northerly by the west boundary of the township and a road to the north angle of allotment 31, section 1E; thence north-westerly by the main road from Maldon to Eddington to the east angle of allotment 3F, section 9; thence north-westerly and north-easterly by a road to the south angle of allotment 3, section 7; thence northerly and north-easterly by a road to the north-east angle of allotment 2, section 5, Parish of Bradford; thence north-westerly and north-easterly by a road to the north angle of allotment 8, Tovnship of Pollard; thence north-westerly by a road to the west angle of allotme.it 2A, section 8, Parish of Bradford; thence west by a road to the west angle of allotment 2, section 4, Parish of Neereman, and further west by the main road from Maldon to Eddington to the Loddon River, and thence generally northerly by the Loddon River to the road forming the north boundary of allotment 101, Parish of Mysia, being the point of commencement.

ELECTORAL DISTRICT OF KEW: Commencing on the Yarra River where Barker's-road abuts thereon; thence generally north-westerly, south-easterly, northerly and easterly by the Yarra River to the Chandler-highway; thence south-easterly by the Chandler-highway, Earl-street and Asquith-street to Belford-road; thence northerly by Belford- road to Valerie-street; thence south-easterly by Valerie-street to High-street; thence south-westerly by High-street to Adeney-avenue; thence southerly by Adeney-avenue to Argyle-road; thence easterly by Argyle-road to Burke-road; thence southerly by Burke-road to Gordon-street; thence easterly by Gordon- street to Balwyn-road; thence southerly by Balwyn-road to Canterbury-road; thence easterly by Canterbury-road to Wattle Valley-road; thence southerly by Wattle Valley-road to Prospect Hill-road; thence westerly by Prospect Hill- road to Burke-road; thence northerly by Burke-road to Barker's-road, and thence westerly by Barker's-road to the Yarra River, being the point of commencement.

ELECTORAL DISTRICT OF LOWAN: Commencing on the west boundary of the State where the south boundary of the County of Weeah abuts thereon; thence southerly by the west boundary of the State to the north boundary of the Parish of Benayeo; thence generally easterly by the latter boundary to the west boundary of the Parish of Bringalbart; thence north by a road to the north-west angle of allotment 1B in that parish; thence north-easterly, south-easterly, and east by the north boundary of that parish to the road forming the west boundary of the Parish of Jallakin; thence south by that road to the south-west angle of allotment 13A in that parish; thence east and south by a road to the south-west angle of allotment 49; thence east by a road to the south-east angle of allotment 64; thence north by a road to the south-west angle of allotment 86; thence east by a road to the road forming the west boundary of the Parish of Awonga; thence north by that road to the south-west angle of allotment 25 in that parish; thence east by a road to the road forming the west boundary of the Parish of Charam; thence south by that road to the main road from Edenhope to Horsham; thence north-easterly by that road to the road forming the west boundary of the Parish of Turandurey; thence northerly by that road and easterly by the road forming the north boundary of the said parish to the west boundary of the Parish of 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. Kalingur; thence generally northerly, easterly, and southerly by the west, north, and east boundaries of that parish to the north-east angle of allotment 53, Parish of Kalingur; thence east by a road to the north-east angle of allotment 43A, Parish of Tooan; thence northerly and easterly by the west and north boundaries of that parish to the main road from Edenhope to Horsham; thence north-easterly by that road to the most westerly angle of allotment 6, Parish of Natimuk; thence south-easterly, easterly, southerly, and again easterly by the roads forming the south boundary of that parish to the Darragan Creek; thence northerly by that creek and north-westerly by the Wimmera River to the main road from Natimuk to Horsham; thence easterly by that road to the north-west angle of allotment 256A, Parish of Vectis East; thence southerly by the west boundary of that allotment and a line to the Wimmera River; thence north­ easterly by that river to the road forming the west boundary of allotment 239, Parish of Bungalally; thence southerly by that road and further southerly, easterly, and south-westerly by the road forming the boundary between the Parishes of Bungalally and Vectis East to Norton's Creek; thence southerly by that creek to a point in line with the north boundary of allotment 53, Parish of Darragan; thence west by a line and a road to the north-west angle of allotment 113; thence south by a road to the south-east angle of allotment 78 and west by a road to the north-west angle of allotment 56, Parish of Nurrabiel; thence south and south-westerly by a road to the north angle of allotment 46; thence south by a road to the south-east angle of allotment 86A and south-easterly by the three-chain road forming the south boundary of the last-named parish, to the west boundary of the Parish of Mockinya; thence generally southerly by that boundary, easterly, northerly, and easterly by the south boundary of the said parish, and generally south-easterly by the boundary of the County of Boning to the Grampians Range; thence northerly by that range to a point west of the south-west angle of allotment 5D (at Hall's Gap) in the Parish of Boroka; thence east by a line to that angle; thence easterly by the south boundary of that allotment to the south-east angle thereof; thence south-easterly by a line to the Grampians-road, and further easterly by that road to the north angle of allotment 62; thence south-easterly by a road to the west angle of allotment 76A; thence north-easterly and easterly by the west and north boundaries of that allotment to the north-west angle of allotment 74; thence easterly by the northern boundaries of that allotment and allotment 74A to the west boundary of the Parish of Bellellen, thence southerly, easterly, and northerly by roads forming the west, south, and east boundaries of that parish to the north-west angle of allotment 57, section Y, Parish of Mokepilly; thence easterly and south-easterly by a road to the north-west angle of allotment 47; thence easterly and northerly by a road to the southern angle of allotment 60; thence generally north-easterly and south-easterly by a road to the southern angle of allotment 54, and further south-easterly by a road to the south-west angle of allotment 16; thence easterly by a road to the north-east angle of allotment 14, section 3, Parish of Concongella South; thence south and east by the west and south boundaries of allotment 13, and south and east by the west and south boundaries of allotment G6 to the south-east angle thereof; thence easterly by a road to the north-east angle of allotment 26; thence south and south-easterly by a one-chain road to the north-west angle of the Parish of Ararat, and south-easterly by the road forming the west boundary of that parish to the road forming the south boundary of allotment A16, section 15, Parish of Ararat; thence easterly and north-easterly by that road to the north angle of allotment A5; thence south-easterly and south by the eastern boundary of that allotment to the north-west angle of allotment 116; thence east and south by the north and east boundaries of that allotment to its south-east angle; thence east and south by the north and east boundaries of allotment A8 to its south-east angle, thence east and south by a road to the north-west angle of allotment 71; thence easterly by the north boundary of that allotment and south-easterly by the eastern boundaries of the said allotment and allotment 70 to the south-east angle of the latter allotment; thence west by a road to the east boundary of allotment 69; thence south by that boundary and east and south by the north and east boundaries of allotment 66 to the south-east angle of that allotment; thence east by a road, south by the east boundaries of allotments 125 and 124 and a line to the north boundary of allotment 1B, section 11; thence easterly by that boundary and north-easterly, south, and west by the north, east and south boundaries of allotment 2, to the south-west angle of that allotment; thence 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. further west by the south boundary of allotment 1A, and southerly by the east boundaries of allotments 6, 7, and 14 to the north angle of allotment 8, thence north-easterly, south, west, and again south by the boundaries of allotment 15, east by the north boundaries of allotments 23, 24 and 25, and north and east by the west and north boundaries of allotment 26 to the boundary between the Counties of Borung and Ripon; thence generally north-easterly by that county boundary to the road forming the north boundary of allotment 30A, section 3A; thence north-easterly by that road and a line to the Ararat and Stawell Railway, thence north-westerly by that railway to a point in line with the north boundary of allotment 34; thence east by a line and a road to the south-east angle of allotment 66, section 15B, Parish of Ararat; thence north and west by the east and north boundaries of that allotment to the south-east angle of allotment 67; thence north and by the east boundaries of that allotment and allotments 68, north-easterly and northerly by the boundaries of allotment 71 to the south angle of allotment 72, and north-easterly by the south-eastern boundaries of that allotment and allotments 75 and 76 to the south boundary of the Parish of Concongella South; thence east by that boundary to the east boundary of allotment 23, section Y, in that parish; thence north by that boundary and the east boundary of allotment 22 to the road forming the north boundary of the latter allotment; thence west by that road to the south-east angle of allotment 34A, Parish of Bulgana; thence northerly by the east boundary of that allotment and easterly and northerly by the south and east boundaries of allotment 34B to the south boundary of allotment 32; thence east and north by the south and east boundaries of the last-mentioned allotment and further north by the east boundary of allotment 30 to the south-west angle of allotment 31A; thence easterly by the south boundary of that allotment, and south and east by the west and south boundaries of allotment 38 to its south-east angle; thence northerly by a road, easterly by the south boundary of allotment 94, and south by the west boundary of allotment 52 to its south-west angle; thence east by a road to the east boundary of the parish; thence northerly by a road to the south-west angle of allotment 15, section A, Parish of Crowlands; thence east by a road to the south-east angle of that allotment; thence north by a road and the west boundary of allotment 16 to the north-west angle thereof; thence east and south by the north and east boundaries of the said allotment to the north-west angle of allotment 7; thence north-easterly by a line and a road to the east angle of allotment Al, section 2; thence south-easterly and easterly by a road to the south-west angle of the Township of Crowlands; thence north by the road forming the west boundary of that township to the Crowlands to Glenorchy road; thence north-westerly by that road to the south angle of allotment 5, section 7, Parish of Crowlands; thence northerly by the east bounda­ ries of that allotment and allotments 6, 19, and 17 to the north-east angle of the last-mentioned allotment; thence northerly by roads forming the east boundary of the parish to the south angle of allotment 19, section 4, Parish of Landsborough; thence northerly by the eastern boundary of that allotment, and easterly by a road to the south-east angle of allotment 18; thence northerly by a road to the south-east angle of allotment 13; thence northerly by a road to the north-east angle of the said allotment; thence north-easterly by the Glenorchy to Landsborough road to the south-west angle of allotment 32A, section 3; thence northerly by the west boundary of that allotment and the east boundary of allotment 21 to the north-east angle of that allotment: thence westerly by the north boundary of the last mentioned allotment, and north-westerly by the north-east boundary of allotment 20A to the north angle of that allotment; thence northerly by a road to the north-east angle of allotment 14; thence easterly by a road to Howard's Creek; thence north-westerly by that creek to the road forming the south boundary of allotment 246, Parish of Navarre; thence easterly by that road to the south-east angle of allotment 245; thence north by a road to the three-chain road from Navarre to Stawell, thence westerly by that road to the eastern angle of allotment 207A; thence north-westerly by the road from Navarre to Wallaloo to the south-west angle of allotment 4, section 2, Parish of Morrl Morrl; thence easterly, northerly, and westerly by the south, east and north boundaries of that allotment to the road from Navarre to Wallaloo; thence northerly by that road to the north-east angle of allotment 3, section 2; thence westerly and southerly by a road forming the north and west boundaries of that allotment and the west boundary of allotment 3A, section 2, to the south boundary of the Parish of Warngar; thence westerly by that boundary 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. to the east boundary of the Parish of Bolangum; thence northerly by a road to the road forming the south boundary of the Parish of Wallaloo; thence westerly by that road to the road forming the east boundary of the Parish of Callawadda; thence northerly by that road to the road forming the south boundary of the Parish of Wirchilleba; thence westerly by that road and the road forming the south' boundary of the Parish of Manna to the Wimmera River; thence north-westerly by that river to the junction of the Yarriambiack Creek; thence northerly by that creek to a point in line with the northern boundary of allotment 84, Parish of Kewell East; thence easterly by a three-chain road to the south-east angle of allotment 128, Parish of Nullan; thence south-easterly by the main road from Warracknabeal to Minyip to the north-west angle of allotment 136; thence easterly by a road to the main road from Minyip to Donald; thence north easterly by the latter road to the road forming the east boundary of the parish; thence northerly by that road to the north-east angle of allotment 95A; thence easterly by a road to the north-east angle of allotment 78A, Parish of Dunmunkle; thence generally northerly by the west boundaries of the Parishes of Laen, Carron, and Watchem to the north boundary of the last-named parish; thence westerly by a three-chain road to the north-west angle of allotment 29, Parish of Wilkur; thence northerly by a road to the north angle of allotment 19; thence south-westerly by the main road from Birchip to Warracknabeal to the south angle of allotment 147, Parish of Bangerang; thence southerly by the west boundary of the last- named parish to the north boundary of the Parish of Werrigar; thence westerly and southerly by the north and west boundaries of the last-named parish to the south-west angle of allotment 35 in that parish; thence easterly by a five- chain road to the north-east angle of allotment 51: thence southerly and westerly by the east and south boundaries of that allotment to the north-east angle of allotment 52; thence southerly by the east boundary of that allotment, and westerly by a road to the north-west angle of allotment 26, Parish of Cannum; thence southerly by a road to the south-west angle of that allotment; thence westerly by the roads forming the south boundary of the parish to the south­ west angle of allotment 152; thence northerly by the west boundary of the said parish to the road forming the south boundary of the Parish of Tarranyurk; thence westerly by that road to the Dimboola to Jeparit railway and northerly by that railway to the road forming the south boundary of allotment 17 in the last-named parish; thence south-westerly by that road and a line in continuation thereof to the Wimmera River; thence northerly by that river to a point in line with the north boundary of allotment 21, Parish of Banu Bonyit; thence west by a line, that boundary, and the north boundaries of allotments 21B and 20 to the north-west angle of the last-mentioned allotment; thence northerly by a road to the north boundary of allotment 3; thence westerly by that boundary and southerly by a road to the north boundary of allotment 2; thence westerly by that boundary to the road forming the west boundary of the Parish of Tullyvea; thence northerly by that road to the road forming the south boundary of the Parish of Babatchio; thence westerly by that road to the road forming the east boundary of the Parish of Lorquon; thence northerly by that road to the north-east angle of allotment 57A; thence westerly by a road to the south­ west angle of allotment 64; thence northerly by a road to the north-east angle of allotment 15, Parish of Perenna, on the south boundary of the County of Weeah, and thence westerly by that county boundary to the west boundary of the State, being the point of commencement.

ELECTORAL DISTRICT OF MALVERN: Commencing on the Yarra River at Kooyong-road; thence easterly by the Yarra River and generally south-easterly by the existing channel of the Kooyongkoot or Gardiner's Creek to Winton-road; thence westerly and south­ westerly by Winton-road to Malvern-road; thence north-westerly by Malvern- road to Darling-road; thence southerly by Darling-road to Brunei-street; thence westerly by Brunei-street to Burke-road; thence southerly by Burke-road to Coppin-street; thence westerly by Coppin-street to Tooronga-road; thence northerly by Tooronga-road to Claremont-avenue; thence westerly by Claremont- avenue to Glendearg-grove; thence southerly by Glendearg-grove to Dandenong- road; thence south-westerly and north-westerly by Dandenong-road to Kooyong- road, and thence northerly by Kooyong-road to the Yarra River, being the point of commencement. 1958. The Constitution Act Amendment. No. 6224 499

FOURTH SCHEDULE—continued. ELECTORAL DISTRICT OF MELBOURNE. Commencing on the Yarra River at Punt-road; thence northerly by Punt- road and Hoddle-street to Victoria-parade; thence westerly by Victoria-parade to Nicholson-street; thence northerly by Nicholson-street to Faraday-street; thence westerly by Faraday-street to Swanston-street; thence southerly by Swan- ston-street to Grattan-street; thence westerly by Grattan-street to Royal-parade; thence northerly by Royal-parade to Park-street west; thence westerly by Park- street west to the Moonee Ponds Creek; thence south-westerly and generally south-easterly by the Moonee Ponds Creek to Mount Alexander-road; thence south-easterly by Mount Alexander-road and Flemington-road to Dryburgh- street; thence southerly by Dryburgh-street to Victoria-street; thence westerly by Victoria-street and a line in continuation thereof to the Williamstown railway; thence westerly by that railway to the Maribyrnong River; thence southerly by the Maribyrnong River to the Coode Canal, and thence north-easterly by the Coode Canal and easterly, north-easterly and south-easterly by the Yarra River to Punt-road, being the point of commencement.

ELECTORAL DISTRICT OF MENTONE. Commencing on the shore of Port Phillip Bay at a point in line with Cromer-road in the Parish of Moorabbin; thence northerly by a line and Cromer- road to Balcombe-road; thence easterly by Balcombe-road to Charman-road; thence northerly by Charman-road to Latrobe-street; thence easterly by Latrobe- street to the Nepean-highway; thence north-westerly by the Nepean-highway to Oak-grove; thence easterly by Oak-grove, Voltri-street and the north boundary of the City of Mordialloc and southerly by that city boundary to Lower Dandenong-road; thence westerly by Lower Dandenong-road to Olive-grove; thence southerly by Olive-grove to the Nepean-highway; thence south-easterly by the Nepean-highway to the Mordialloc Creek; thence easterly by the Mordialloc Creek and the Main Drain to Springvale-road; thence south-westerly by Springvale-road to the eastern boundary of the City of Chelsea; thence south-easterly and southerly by that city boundary to Eel Race-road: thence easterly by Eel Race-road and further easterly by a road to the north-east angle of allotment 94, Parish of Lyndhurst; thence southerly by the western boundaries of allotment 95 and the Banyan Water Holes Pre-emptive Section and easterly by the south boundary of that Pre-emptive Section to the Dandenong-Frankston road; thence south-westerly by that road to Overton-road; thence westerly by Overton-road and a line in continuation thereof to the shore of Port Phillip Bay, and thence northerly, north-westerly and south-westerly by the shore of Port Phillip Bay to a point in line with Cromer-road, being the point of commencement.

ELECTORAL DISTRICT OF MIDLANDS. Commencing on the Loddon River where the south boundary of the Parish of Derby abuts thereon; thence easterly by that boundary and the south boundaries of the Parishes of Leichardt and Nerring to the west boundary of the Parish of Sandhurst; thence generally southerly by that boundary to the road forming the north boundary of allotment 51A, section L, in the last-named parish; thence north-easterly by that road to Harvey-street, and further north-easterly by Empire-road to Happy Valley-road; thence south-easterly by Happy Valley- road to Wells-street; thence north-easterly by Wells-street to Mclntyre-street; thence south-easterly by Mclntyre-street to Mount Korong-road; thence easterly by Mount Korong-road to Barnard-street; thence south-westerly by Barnard-street to Don-street; thence south-easterly by Don-street and Myrtle-street to the Northern railway; thence south-westerly by that railway to Sheepshead Gully; thence generally south-easterly by that gully, Honeybone-street, and Fletcher- street to Belle Vue-road; thence easterly by Belle Vue-road to the south-east boundary of the City of Bendigo; thence due south (true meridian) by a line to the western margin of the Spring Gully Reservoir: thence south-westerly by that margin to the south boundary of the Parish of Sandhurst; thence easterly by that boundary to Huntly Race at the northern angle of allotment 132F in the last-named parish; thence south-easterly and north-easterly by that race and Axe Creek Race to a point due west from the western angle of allotment 4B, section 20, Parish of Mandurang; thence 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. easterly by a line to that angle; thence north-easterly by the north-western boundary of the said allotment and south-easterly by a road to the north boundary of allotment 20, section 3; thence easterly by the north boundaries of that allotment and allotments 17A, 16, 15, and 14 to the west boundary of allotment 19; thence northerly by that boundary to the north boundary of the parish; thence easterly by that boundary to the west boundary of the Parish of Strathfieldsaye; thence generally northerly by that boundary and the west boundary of the Parish of Wellsford to a point in line with the north boundary of allotment 60B in the last-named parish; thence easterly by a road to the eastern boundary of allotment 57B and north-easterly, easterly and northerly by a road to the south-west angle of the Parish of Ellesmere; thence easterly by the south boundaries of the Parishes of Ellesmere and Muskerry and further easterly by the north boundary of the Parish of Crosbie to the road forming the western boundary of allotment 2, section D, in the last-named parish; thence southerly by that road to the north-west angle of allotment 24, section C; thence easterly by a road to the south-west angle of allotment 4, section 23, Parish of Redcastle; thence easterly and north-easterly by a road to the south­ west angle of allotment 17, section A; thence south-easterly by a road to the Cornelia Creek; thence easterly by that creek to the junction of Redcastle Creek; thence southerly by Redcastle Creek to a point in line with the south boundary of allotment 33; thence north-easterly by a line to the south-west angle of the said allotment; thence north-easterly and easterly by a road to the north­ east angle of allotment 27; thence southerly by a road to the south-east angle of allotment 16; thence easterly by a line in continuation of the south boundary of the last-named allotment to the south boundary of the County of Rodney; thence easterly and south-easterly by that county boundary and further south-easterly by the northern boundaries of allotments 12, 10, and 11, section B, Parish of Wirrate, and a line in continuation thereof to the Sandy Creek; thence south-easterly and easterly by that creek to its junction with the Goulburn River; thence generally southerly by that river to the south boundary of allotment 30A, Parish of Mangalore; thence easterly, south-easterly and again easterly by a road to the south-east angle of allotment lc, section A; thence southerly by a three-chain road to the north boundary of allotment 12, section B; thence easterly by that boundary and northerly by a road and the east boundary of the Avenel Pre-emptive Section to Hughes Creek; thence south­ easterly by that creek to the road forming the west boundary of allotment 6, section 18A, Parish of Avenel; thence north and north-westerly by a road to the road forming the east boundary of the Township of Avenel; thence northerly by the last-mentioned road to the Hume-highway; thence north-easterly by the Hume-highway to the west boundary of the Township of Old Longwood; thence southerly by that boundary and easterly by the southern boundary of the township to the south-east angle of allotment 3, section J, in that township; thence southerly by a road to the north angle of allotment 16, section 3, Parish of Tarcombe; thence south-easterly by a road to the south-west angle of allotment 101 in the last-named parish; thence west by the last-mentioned boundary and west and south by a road to the south-east angle of allotment 100; thence west by the south boundary of the last-named parish to the Campaspe River; thence southerly by that river to the Woodend and Tylden road; thence south-westerly by that road to the north-east angle of allotment 115, Parish of Tylden; thence south, south-westerly and again south by a road to the north boundary of the Parish of Trentham; thence west by that parish boundary to the Coliban River; thence north-easterly by that river to the east boundary of allotment 65D, Parish of Coliban; thence north-westerly by that boundary and west by the north boundaries of the last-mentioned allotment and allotment 65c to the north-west angle of the latter allotment; thence northerly by a road to the most easterly angle of allotment 41; thence north-westerly and westerly by a road to the road forming the west boundary of allotment 34; thence northerly by that road to the south-east angle of allotment 24F; thence west, north, and east by the south, west and north boundaries of that allotment, north by the west boundaries of allotments 24D and 24E, west, north, and east by the south, west, and north boundaries of allotment 22c, north-westerly by the west boundary of allotment 22F, and westerly and north by the south and west boundaries of allotment 22E to its northern angle; thence north-westerly by a road to the Kangaroo Creek; thence north-easterly by that creek and the western shore of the Malmsbury Reservoir to the south boundary 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. of the Township of Malmsbury; thence west by that boundary, and northerly and east by the west and north boundaries of the said township to the Coliban River; thence northerly by that river to the road forming the south boundary of allotment 50, Parish of Edgecombe; thence west by that road and the road forming the south boundaries of allotment 54 and allotments 1 and 9, section 1A, Parish of Drummond, to the south-west angle of the last-mentioned allotment; thence north-westerly, south-westerly, and north-westerly by the boundary of the Victorian Water Supply Reserve to the most westerly angle of allotment 6A, section 3; thence northerly by a road to the north boundary of the last-named parish at the north-western angle of allotment 10; thence west by that boundary to the east boundary of the Parish of Fryers; thence south, westerly, and northerly by the east, south, and west boundaries of that parish to the south boundary of the Parish of Guildford; thence westerly by the south boundary of the last-named parish to the south-east angle of allotment 27E, section 14 in that parish; thence northerly by the east boundaries of that allotment and allotments 27, 26 and 27B, a road, the west boundary of allotment 38, section 6, and a road to the north-west angle of allotment 37; thence easterly by the road forming the south boundary of the Strath-Loddon Pre-emptive Section and the continuation thereof to the east boundary of the Parish of Guildford; thence northerly and westerly by the east and north boundaries of that parish to the north-west angle of allotment 3, section 4; thence southerly and westerly by the east and south boundaries of allotment 2 and northerly and westerly by the east and north boundaries of allotment 1 to the east boundary of the Parish of Muckleford; thence northerly by that parish boundary to the road forming the south-west boundary of allotment 6E. section 7 in that parish; thence north-westerly by that road to the east boundary of allotment 24A; thence northerly by that boundary and the east boundary of allotment 6B, westerly by the north boundary of the last-named allotment and northerly and westerly by the east and north boundaries of allotment 6A to the north-west angle of that allotment; thence northerly and easterly by the west and north boundaries of allotment 6D to the east boundary of the Parish of Muckleford; thence northerly by that parish boundary to the north angle of allotment 31B, section 8; thence south-westerly by a road to the east angle of allotment 31c; thence north-westerly and south-westerly by the boundaries of that allotment to the west angle thereof; thence south-westerly and westerly by a road to the south-west angle of allotment llF, section 8A; thence due west by a line to the east boundary of the Parish of Tarrengower; thence northerly and westerly by the east and north boundaries of the Parish of Tarrengower to the north-west angle of allotment 56, section C, in that parish; thence generally north-easterly by a road to the north-east angle of allotment 22, section M, Parish of Maldon; thence further north-easterly and northerly by a road across the Tarrengower Creek to the south-east angle of allotment 102, section G; thence south-westerly by the south-east boundaries of that allotment and allotment 99 and further south-westerly and north-westerly by a road to the south-west angle of allotment 6, section M1; thence north-easterly and easterly by the west and north boundaries of the allotment 20, section H, Parish of Longwood; thence easterly, southerly and south-easterly by the south boundary of that parish to the south angle of allotment 18; thence southerly by a road to the south angle of allotment 19, section B, Parish of Ruffy; thence north-easterly and easterly by a road to the north-west angle of allotment 12; thence southerly by a road to Grassy Creek at the south boundary of the parish; thence south-easterly by that creek, southerly and westerly by Emu Waterholes Creek and westerly, southerly and generally westerly by Hughes Creek to Boundary Creek; thence southerly by Boundary Creek to the north boundary of allotment 2, section C, Parish of Kobyboyn; thence easterly by that boundary and southerly and westerly by a road to the north-east angle of allotment 9; thence southerly by the eastern boundaries of that allotment and allotment 10 to the south-east angle of the latter allotment; thence westerly by the Highlands-road to the road forming the east boundary of allotment 8; thence southerly by that road to the north boundary of the Parish of Ghin Ghin; thence generally westerly by that boundary to the north-west angle of allotment 79A in the last-mentioned parish; thence southerly and westerly by a road to the west boundary of allotment 4D; thence southerly by that boundary, easterly and southerly by the north and east boundaries of allotment 4c and westerly and southerly by a road to the Goulburn River; thence westerly by that river to the junction of the King Parrot Creek; thence 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. south-westerly by the King Parrot Creek to the Upper Goulburn-road; thence northerly, westerly, and south-westerly by the Upper Goulburn-road and southerly by a road to the north-west angle of the allotment 132, Parish of Windham; thence south-westerly and north-westerly by a road and further north-westerly and south-westerly by the road forming the northern boundary of allotment 122A to the west boundary of the parish; thence southerly by that boundary to the south boundary of the Parish of Traawool; thence north-westerly, westerly, and southerly by the latter boundary to the north-west angle of allotment 10c, Parish of Kerrisdale; thence easterly, southerly, and westerly by the northern, eastern and southern boundaries of that allotment to its south-west angle; thence southerly by the eastern boundary of allotment 10 and westerly by the southern boundaries of the latter allotment and allotments 10A and 10B and a line to the Dabyminga Creek; thence westerly and northerly by that creek to the northern boundary of the Parish of Broadford; thence westerly by that boundary and southerly by the western boundary of the said parish to the road forming the southern boundary of allotment 121, Parish of Moranding; thence westerly by that road to the eastern angle of allotment 117; thence westerly by the north boundaries of that allotment and allotment 49 to the western angle of the latter allotment; thence north-westerly by the Northern- highway to the north angle of allotment 60A; thence south-westerly by the north-western boundary of that allotment to the north-angle of allotment 60B; thence southerly by the road forming the west boundary of the parish to the north-east angle of allotment 9E, Parish of Goldie; thence westerly by the northern boundary of that allotment and southerly by a road to the north-east angle of allotment 9B2; thence westerly by the northern boundaries of that allotment and allotment 9B1 to the north-west angle of the latter allotment; thence southerly and westerly by the eastern and southern boundaries of allotment 9c1 to its south-western angle; thence southerly and westerly by the road forming the northern boundary of the Parish of Goldie to the north-west angle of allotment 16A in that parish; thence southerly by a road to the south boundary and allotment 15A; thence westerly by that boundary and the south boundary of allotment 14AB and south-westerly by a road to the west boundary of allotment 3A; thence northerly by that boundary and westerly by the north boundary of allotment 7AB to the north-west angle of that allotment; thence southerly by a road and westerly by the south boundaries of allotments 4AB and 4AA to the south-west angle of the latter allotment; thence further westerly by a road to the northern angle of allotment 87c, Parish of Lancefield; thence south-westerly by a road to the south angle of allotment 7B; thence north-westerly and westerly by a road to the east boundary of allotment S21A, Parish of Langley; thence southerly by that boundary and westerly by the south boundary of the said allotment to its south-west angle; thence southerly by a road and westerly by the south boundary of allotment SI5A to the Great Dividing Range; thence south-westerly by that range to the south angle of allotment 21, Parish of Cobaw; thence north-westerly and westerly by a road to the north-east angle of allotment 91, Parish of Carlsruhe; thence southerly by a road to the south boundary of last-named allotment and north-easterly by the west boundary of allotment 2A to the north-west angle of the latter allotment; thence north-westerly by a direct line to the south-west angle of allotment 28, section 12; thence north-easterly by the west boundary of that allotment to the north-west angle thereof; thence northerly by a direct line to the south-west angle of allotment 26; thence north-easterly by the west boundary of that allotment to the north-west angle thereof; thence northerly by a direct line to the south-west angle of the Township of Maldon; thence northerly by the west boundary of the township and a road to the north angle of allotment 31, section 1E; thence north-westerly by the main road from Maldon to Eddington to the east angle of allotment 3F, section 9; thence north-westerly and north-easterly by a road to the south angle of allotment 3, section 7; thence northerly and north-easterly by a road to the north-east angle of allotment 2, section 5, Parish of Bradford; thence north­ westerly and north-easterly by a road to the north angle of allotment 8, Township of Pollard; thence north-westerly by a road to the west angle of allotment 2A, section 8, Parish of Bradford; thence west by a road to the west angle of allotment 2, section 4, Parish of Neereman, and further west by the main road from Maldon to Eddington to the Loddon River, and thence generally northerly by the Loddon River to the south boundary of the Parish of Derby, being the point of commencement. 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued.

ELECTORAL DISTRICT OF MILDURA: Commencing on the Murray River where the west boundary of the State abuts thereon; thence generally easterly and south-easterly by that river to the west boundary of the County of Tatchera; thence southerly by that boundary to the south boundary of the Parish of Eureka; thence westerly by that parish boundary to the shore of Lake Tyrrell; thence generally south-westerly by the shore of that lake to the north boundary of the Parish of Bimbourie; thence westerly by that boundary and southerly by the west boundary of that parish to the north boundary of the Parish of Tyenna; thence westerly by that boundary to the north-west angle of allotment 11, in the said parish; thence southerly by a road to the south boundary of the parish and easterly by that boundary to the north-east angle of allotment 46B, Parish of Boorong; thence southerly by the east boundary of that allotment, and further southerly by a road and the west boundary of allotment 40A to the south boundary of the parish; thence westerly by that parish boundary, and further westerly by the south boundaries of the Parishes of Gorya, Dennying, and Patchewollock to the eastern boundary of the Wyperfeld National Park; thence generally southerly by that boundary to the north boundary of the Parish of Wirrbibial; thence westerly and southerly by the north and west boundaries of that parish and further southerly by the west boundary of the Parish of Cambacanya to the road forming the north boundary of the Parish of Gaalanungah; thence westerly by that road and southerly by the road forming the west boundaries of the last-named parish and the Parishes of Nandimarriman and Wirmbool to the south boundary of the County of Karkarooc, and thence westerly by that county boundary and the south boundary of the County of Weeah and northerly by the west boundary of the State to the Murray River, being the point of commencement.

ELECTORAL DISTRICT OF MOONEE PONDS: Commencing on the Maribyrnong River at Maribyrnong-road; thence easterly by the Maribyrnong-road to Mount Alexander-road; thence north-westerly by Mount Alexander-road to Ormond-road; thence easterly by Ormond-road to the Moonee Ponds Creek; thence generally northerly by the Moonee Ponds Creek to Buckley-street; thence westerly by Buckley-street to Mount Alexander-road; thence north-westerly by Mount Alexander-road to Carnarvon-road; thence northerly by Carnarvon-road to Woodland-street; thence westerly by Woodland- street and the north boundary of the City of Essendon and southerly by the west boundary of the City of Essendon to the Maribyrnong River, and thence easterly and southerly by the Maribyrnong River to Maribyrnong-road, being the point of commencement.

ELECTORAL DISTRICT OF MOORABBIN: Commencing at the junction of Oak-grove with the Nepean-highway; thence easterly by Oak-grove, Voltri-street, and the north boundary of the City of Mordialloc and southerly by that city boundary to Lower Dandenong-road; thence easterly by Lower Dandenong-road to Boundary-road; thence northerly by Boundary-road to Kingston-road thence easterly by Kingston-road to Clayton- road; thence northerly by Clayton-road to Centre-road; thence westerly by Centre-road to East Boundary-road; thence northerly by East Boundary-road to McKinnon-road, thence westerly by McKinnon-road to Thomas-street; thence southerly by Thomas-street to the Nepean-highway; thence south-easterly by the Nepean-highway to Cummins-road; thence southerly by Cummins-road to South- road; thence easterly by South-road to the Nepean-highway, and thence south­ easterly by the Nepean-highway to Oak-grove, being the point of commencement.

ELECTORAL DISTRICT OF MORNINGTON: Commencing on the sea coast at Point Nepean; thence generally south­ easterly, north-easterly and northerly by the shore of Port Phillip Bay to a point in line with Overton-road in the Parish of Frankston; thence easterly by a line and Overton-road to the Frankston-Dandenong-road; thence north-easterly by the last-named road to the west boundary of allotment 54, Parish of Lyndhurst; thence southerly by that boundary to the road forming the south 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. boundary of the Parish of Lyndhurst; thence easterly by that road and the road forming the south boundaries of the Parishes of Cranbourne, Pakenham and Nar-nar-goon to the south-west angle of allotment 34, section J, Parish of Koo-wee-rup; thence south by the main road from Pakenham to Koo-wee-rup and a line to the South Eastern Railway; thence easterly and south-easterly by that railway to the Yallock Creek; thence south-westerly by that creek to the shore of Western Port; thence southerly, westerly and southerly by the eastern shore of Western Port to the sea coast and thence generally westerly and north­ westerly by the sea coast to Point Nepean, being the point of commencement.

ELECTORAL DISTRICT OF MORWELL: Commencing on the south boundary of the County of Evelyn at the source of the Bunyip River; thence southerly by the Bunyip River to the Tarago River; thence easterly by the Tarago River and south-easterly by Brandy Creek to the south-eastern boundary of allotment 23, Parish of Drouin West; thence south­ westerly by that boundary and south-easterly by a three-chain road to the north­ west angle of allotment 26, Parish of Drouin East; thence southerly by the west boundary of that allotment to the State Electricity Commission's Transmission Line; thence easterly by that transmission line and southerly by the Rokeby to Warragul Railway to the south boundary of allotment 75; thence easterly by a road to the north-east angle of allotment 17, section A; thence southerly by a road to the Sale to Melbourne Railway; thence westerly by that railway to a point in line with the west boundary of allotment 104A; thence southerly by a line and a road to the north boundary of the Parish of Warragul; thence generally easterly by that boundary to a point in line with the east boundary of allotment 28A, Parish of Warragul; thence southerly by a line and a road to the south-west angle of allotment 93; thence east and south by a road to the two- chain road known as McDonald's-track; thence north-westerly by that road to the north-east angle of allotment 21, Parish of Allambee; thence south by a road to the south-east angle of allotment 22; thence west by the south boundary of that allotment and south by the east boundary of allotment 26B to the south­ east angle thereof; thence west by a road to the north-east angle of allotment 28; thence southerly by a road to the south-east angle of allotment 33E; thence generally southerly by a road to the north-west angle of allotment 40; thence south-easterly, north-easterly and north-westerly by the south-west, south-east and north-east boundaries of the said allotment to the south-east boundary of allotment 41; thence north-easterly by the last mentioned boundary to the Grand Ridge-road; thence south-easterly, south westerly and north-easterly by that road to the north-western angle of allotment 46, Parish of Allambee East; thence north-easterly by the north-west boundaries of that allotment and allotment 45A, and further north-easterly by a road to the southern angle of allotment 13A; thence north-westerly by a road forming the south-western boundary of that allotment, and a line to the Tarwin River (West Branch); thence northerly and south-easterly by that river to a point in line with the south-eastern boundary of allotment 13; thence north-easterly by a line and that boundary and north­ westerly by the north-eastern boundary of the said allotment to the south­ eastern boundary of allotment 14; thence north-easterly by that boundary and north-westerly by the north-eastern boundary of the said allotment to the road forming the south-eastern boundary of allotment 15; thence north-easterly by that road and north-westerly by the road forming the north-eastern boundary ot the said allotment to the west angle of allotment 30B; thence north-easterly by the north-western bounda­ ries of that allotment and allotment 30A, south-easterly by the north­ eastern boundary of the latter allotment, northerly and south-easterly by the road forming the south boundary of allotment 61A and further south-easterly by that road to the north-western boundary of allotment 47; thence north­ easterly by that boundary and south-easterly by the north-eastern boundary of the said allotment to its easterly angle; thence north-easterly by a road to the south-western boundary of allotment 77; thence south-easterly by that boundary and a road to the southern angle of allotment 91; thence north-easterly by the south-eastern boundaries of that allotment and allotments 92 and 93 to the western angle of allotment 95; thence easterly and southerly by the north and cast boundaries of allotment 97 and easterly by a road to the road forming the eastern boundary of the parish; thence southerly by that boundary and easterly by 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. the south boundary of the Parish of Narracan South to the west boundary of the Township of Darlimurla; thence southerly by that boundary to the railway from North Mirboo to Morwell; thence easterly and north-easterly by that railway to the Morwell River at the south-western boundary of the Parish of Yinnar; thence northerly by that river to the north boundary of the Parish of Hazelwood; thence generally easterly by that boundary to the road forming the west boundary of allotment 11, section A, Parish of Traralgon; thence northerly and easterly by a road to the south-east angle of allotment 10; thence northerly by a road and westerly by the north boundary of the last-mentioned allotment to the east boundary of the Parish of Maryvale; thence northerly by that boundary to the three-chain road forming the north boundary of allotment 83 in that parish; thence south-westerly by that road to a point in line with the west boundary of allotment 3; thence northerly by a road and a line to the Latrobe River; thence north-westerly by that river to the junction of the Tyers River; thence generally north-westerly by the Tyers River to the north boundary of the County of Buln Buln; thence further north-westerly by that county boundary to the south boundary of the County of Evelyn, and thence generally south-westerly by that county boundary to the source of the Bunyip River, being the point of commencement.

ELECTORAL DISTRICT OF MULGRAVE: Commencing at the junction of Warrigal-road with Canterbury-road; thence easterly by Canterbury-road to Heatherdale-road; thence southerly by Heatherdale-road and the Dandenong Creek to Police-road; thence westerly by Police-road and Centre-road to Box Hill-road; thence northerly by Box Hill- road to North-road; thence easterly by North-road to Clayton-road; thence northerly by Clayton-road to Ferntree Gully-road; thence westerly by Ferntree Gully-road to Box Hill-road; thence northerly by Box Hill-road to Waverley- road; thence westerly by Waverley-road to Warrigal-road, and thence northerly by Warrigal-road to Canterbury-road, being the point of commencement.

ELECTORAL DISTRICT OF MURRAY VALLEY: Commencing at the junction of the Goulburn River with the Murray River; thence generally easterly and south-easterly by the Goulburn River to a point in line with the west boundary of allotment 58, Parish of Coomboona; thence southerly by a line and a road to the north-east angle of allotment 53, Parish of Mooroopna; thence westerly by a road to the north-west angle of that allotment; thence southerly by a road to the south-west angle of allotment 99; thence easterly and southerly by a road to the south-east angle of allotment 86, Parish of Toolamba; thence easterly by a road to the north-east angle of allotment 108; thence southerly by a road to the south-west angle of allotment 84A; thence easterly and southerly by a road to the south-west angle of allotment 115; thence easterly by the south boundaries of that allotment and allotment 116 and a line in continuation thereof to the Goulburn River; thence generally southerly, westerly and south-westerly by that river to a point in line with the eastern boundary of allotment 101A, Parish of Arcadia; thence southerly by a line and a road to the south-east angle of allotment 182, Parish of Dargalong; thence westerly by the main road from Violet Town to Murchison to the south­ east angle of allotment 176A; thence southerly by a road to the north-east angle of allotment 53B, section N; thence easterly by a road to the Pranjip or Muddy Creek at the south-west corner of allotment 116, Parish of Molka; thence easterly by a road to the north-west angle of allotment 65; thence northerly by a road to the north-west angle of allotment 74; thence easterly by the Murchison to Violet Town road to the south-west angle of the Parish of Tamleugh; thence northerly by the road forming the west boundaries of the said parish and the Parish of Caniambo, to the north-west angle of allotment 42A in the latter parish; thence easterly by a road to the south-east angle of allotment 41A; thence northerly by a road to the north-west angle of allotment 28; thence easterly by a road to the north-east angle of allotment 21B; thence northerly by a road to the Broken River; thence easterly by that river to the road forming the east boundary of the Parish of Pine Lodge; thence northerly by that road to the north-west angle of the Parish of Dookie; thence easterly by the road forming the north boundary of the said parish to the south-west angle of the Parish of Waggarandall; thence generally northerly by the roads forming the western 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. boundary of the last-named parish to the north-west angle thereof; thence easterly by the road forming the north boundaries of the last-mentioned parish and the Parishes of St. James, Karrabumet and Boweya to the north-west angle of the Parish of Killawarra; thence southerly by the western boundary of that parish to the south angle of allotment 4c, in the said parish; thence north­ easterly by a road to the Ovens River; thence easterly by that river to a point in line with the south-east boundary of allotment 155, Parish of Boorhaman; thence north-easterly by a line and a road to the north angle of allotment 179; thence south-easterly by a road and south-westerly by the road forming the south-east boundary of the parish to the south boundary of the Parish of Bontherambo; thence south-easterly and easterly by that boundary to the east boundary of the said parish; thence generally northerly by the latter boundary and the east boundaries of the Parishes of Lilliput and Carlyle to the Murray River, and thence generally westerly and south-westerly by the Murray River to the junction of the Goulburn River, being the point of commencement.

ELECTORAL DISTRICT OF NORTHCOTE: Commencing on the Merri Creek at a point in line with Miller-street; thence generally south-easterly by the Merri Creek to Heidelberg-road; thence north­ easterly by Heidelberg-road to Holmes-street; thence northerly by Holmes-street and Simpson-street to Clarke-street; thence easterly by Clarke-street to Victoria- road; thence northerly by Victoria-road to Dundas-street, and thence westerly by Dundas-street, Miller-street, and a line in continuation thereof to the Merri Creek, being the point of commencement.

ELECTORAL DISTRICT OF OAKLEIGH: Commencing at the junction of Koornang-road with Dandenong-road thence southerly by Koornang-road to North-road; thence easterly by North-road to Clayton-road; thence northerly by Clayton-road to Ferntree Gully-road; thence westerly by Ferntree Gully-road to Box Hill-road; thence northerly by Box Hill- road to Waverley-road; thence westerly by Waverley-road to Warrigal-road; thence southerly by Warrigal-road to Dandenong-road, and thence north-westerly by Dandenong-road to Koornang-road, being the point of commencement.

ELECTORAL DISTRICT OF ORMOND: Commencing at the intersection of Glenhuntly-road and Bambra-road; thence southerly by Bambra-road and Thomas-street to McKinnon-road; thence easterly by McKinnon-road to East Boundary-road; thence southerly by Easl Boundary-road to Centre-road; thence easterly by Centre-road to Box Hill-road; thence northerly by Box Hill-road to North-road; thence westerly by North-road to Koornang-road; thence northerly by Koornang-road to Dandenong-road; thence northerly by Box Hill-road to North-road; thence westerly by North-road by Grange-road to Glenhuntly-road, and thence westerly by Glenhuntly-road to Bambra-road, being the point of commencement.

ELECTORAL DISTRICT OF POLWARTH: Commencing on the sea coast at Curdie's Inlet; thence north-westerly and north-easterly by Curdie's Inlet and Curdie's River to the south boundary of the Parish of Brucknell; thence westerly by that boundary and northerly by the road forming the east boundary of the Parish of Nullawarre to the road forming the south boundary of the Parish of Ecklin; thence easterly by the last-mentioned road and the road forming the south boundary of the Parish of Elingamite to the east boundary of the last-named parish; thence northerly by that boundary and easterly and northerly by the south and east boundaries of the Parish of Tandarook to the north boundary of the County of Heytesbury; thence north-easterly by that county boundary to the shore of Lake Corangamite; thence generally south-easterly and north-easterly by the shore of that lake, easterly by the northern boundary of the County of Polwarth and further easterly by the north boundary of the Parish of Irrewarra to the west boundary of allotment 74, Parish of Birregurra; thence northerly by the last-named boundary, easterly by the northern boundary of that al.otment and north-easterly by a road to the north boundary of allotment 71; thence easterly by that boundary 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. and southerly by the eastern boundary of that allotment to the south-west angle of allotment 68A; thence easterly and south-easterly by a road to the south­ west angle of allotment 56B; thence easterly and northerly by a road to the south-west angle of allotment 57B; thence easterly and northerly by a road and further northerly by the road forming the eastern boundaries of the Parishes of Turkeeth and Warracbarunah to the north-west angle of allotment 7, Parish of Hesse; thence easterly by a road and northerly by the road forming the east boundary of that parish to the Warrambine Creek; thence easterly by that creek to the road forming the west boundary of allotment 127, section A, Parish of Doroq; thence north by that road and east by the road forming the north boundaries of the said allotment and allotments 128 and 129 to the Barwon River; thence north-easterly, easterly and south-easterly by the Barwon River, generally south-easterly by the northern shore of Lake Conewarre and further south-easterly by the Barwon River to the sea coast, and thence south-westerly and north-westerly by the sea coast to Curdie's Inlet, being the point of commencement. (To include the islands adjacent to the sea coast.)

ELECTORAL DISTRICT OF PORTLAND: Commencing on the sea coast where the west boundary of the State abuts (hereon; thence north by that boundary to the road forming the south boundary of the Parish of Ardno; thence easterly by that road and the road forming the south boundary of the Parish of Werrikoo to the Glenelg River; thence generally south-easterly by that river to the Crawford River; thence easterly, south-easterly and northerly by that river to the south boundary of the Parish of Hotspur; thence westerly by that boundary and northerly by the west boundary of the parish to a point in line with the south boundary of allotment 31, section A; thence easterly by a line and the south boundaries of allotments 31, 21 and 20 to the south-west angle of allotment 19A; thence easterly by a road to the north­ east angle of allotment 6A, section 1; thence northerly by the main road from Hotspur to Digby to the north-west angle of allotment 59A, Parish of Winyayung; thence easterly by a road to the road forming the east boundary of the parish; thence southerly by that road and further southerly by the road forming the west boundary of the Parish of Myamyn to a point in line with the south boundary of allotment 5, section 4, in the last-named parish; thence easterly by a road and the north boundaries of allotments 3c and 3A, section 6, to the north-east angle of the last-mentioned allotment; thence southerly by a road to the south-east angle of allotment 4D; thence easterly by a road to the north­ east angle of allotment 7, section 17, Parish of Greenhills; thence generally southerly by the main drain forming the east boundaries of the Parishes of Greenhills and Condah to the south boundary of the Parish of Ardonachie; thence generally easterly by the southern boundary of that parish, south-easterly by the south-western boundary of the Parish of Macarthur, generally easterly by the southern boundaries of that parish and the Parishes of Banangal and Clonleigh to the west boundary of the Parish of Kangertong; thence northerly by that boundary to the road forming the south boundary of the Parish ot Minhamite; thence easterly by that road and the road forming the south boundary of the Parish of Minjah North and further easterly by the south boundary of the Parish of Quamby North to Muston's Creek, thence south­ easterly by that creek to the west boundary of the Parish of Yeth-Youang; thence southerly by the west boundary of the last-named parish and southerly and easterly by the west and south boundaries of the Parish of Ballangeich to the Hopkins River; thence southerly by the Hopkins River to the northern boundary of the Parish of Garvoc; thence east by that parish boundary to the Princes-highway; thence southerly and south-westerly by the Princes-highway to the north-west angle of allotment 2, Township of Garvoc; thence southerly by a road to Mount Emu Creek; thence north-easterly by Mount Emu Creek to the road forming the east boundary of the Parish of Laang; thence southerly by that road and south by the road forming the east boundary of the Parish of Nullawarre to the south boundary of the Parish of Brucknell; thence easterly by that boundary to Curdie's River; thence south-westerly and south-easterly by that river to the sea coast at Curdie's Inlet, and thence generally north-westerly by the sea coast to the west boundary of the State, being the point of commencement.

(To include the islands adjacent to the sea coast.) 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. ELECTORAL DISTRICT OF PRAHRAN: Commencing at the junction of Commercial-road with St. Kilda-road; thence easterly by Commercial-road and Malvern-road to Kooyong-road; thence southerly by Kooyong-road to Alma-road; thence westerly by Alma-road to Hotham-street; thence northerly by Hotham-street to Dandenong-road; thence westerly by Dandenong-road and Wellington-street to St. Kilda-road, and thence north-westerly by St. Kilda-road to Commercial-road, being the point of commencement.

ELECTORAL DISTRICT OF PRESTON: Commencing on Darebin Creek at the north boundary of allotment 4. Parish of Keelbundora, thence easterly by that boundary to Waiora-road; thence southerly by Waiora-road, Upper Heidelberg-road and Warringal-place to Banksia-street; thence westerly by Banksia-street and a line in continuation thereof to Darebin Creek, and further westerly by a road, Dundas-street, Miller- street and a line in continuation thereof to the Merri Creek; thence generally northerly by the Merri Creek to Bell-street; 'thence easterly by Bell-street to the east boundary of the City of Coburg; thence northerly by that city boundary to Murray-road; thence easterly by Murray-road to Upper Plenty-road; thence north-easterly and northerly by Upper Plenty-road to Tyler-street; thence easterly by Tyler-street to Darebin Creek, and thence generally northerly by Darebin Creek to the north boundary of allotment 4, Parish of Keelbundora, being the point of commencement.

ELECTORAL DISTRICT OF RESERVOIR: Commencing on the Merri Creek where the north boundary of the City of Preston abuts thereon; thence easterly by that city boundary to Upper Plenty- road; thence south-westerly by Upper Plenty-road to Darebin Creek; thence generally southerly by Darebin Creek to Tyler-street; thence westerly by Tyler- street to Upper Plenty-road, thence southerly and south-westerly by Upper Plenty-road to Murray-road; thence westerly by Murray-road to the east boundary of the City of Coburg; thence northerly by that city boundary and westerly by the north boundary of the said city to the Merri Creek, and thence generally northerly by the Merri Creek to the north boundary of the City of Preston, being the point of commencement.

ELECTORAL DISTRICT OF RICHMOND: Commencing at the intersection of Punt-road and Swan-street; thence northerly by Punt-road and Hoddle-street to Victoria-paiade; thence westerly by Victoria-parade to Smith-street; thence northerly by Smith-street to Johnston- street: thence easterly by Johnston-street to Hoddle-street; thence northerly by Hoddle-street to Roseneath-street; thence easterly by Roseneath-street to the Merri Creek; thence southerly by the Merri Creek and generally south-easterly by the Yarra River to Victoria-street; thence westerly by Victoria-street to Burnley-street; thence southerly by Burnley-street to Swan-street, and thence westerly by Swan-street to Punt-road, being the point of commencement.

ELECTORAL DISTRICT OF RINGWOOD: Commencing at the intersection of Canterbury-road and Middleborough- road; thence easterly by Canterbury-road to Heatherdale-road; thence southerly by Heatherdale-road and the Dandenong Creek to Burwood-road; thence easterly and south-easterly by Burwood-road to the south-west angle of allotment 55, Parish of Scoresby; thence north-easterly by a road to the south-west angle of allotment 58B; thence northerly by a road and the western boundary of Crown portion A (Dandenong Creek Pre-emptive Right) to the Dandenong Creek; thence westerly by the Dandenong Creek to the east boundary of allotment 39, Parish of Ringwood; thence northerly by that boundary and the east boundary of allotment 32B to the south boundary of allotment 31A; thence easterly by the last-mentioned boundary and northerly and westerly by the east and north boundaries of the last-named allotment to the south-west angle of allotment 28A; thence northerly by the western boundary of that allotment 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. and easterly by a road to the east boundary of allotment 26A; thence northerly by that boundary and westerly by the north boundary of the said allotment to Mount Dandenong-road; thence north-easterly by Mount Dandenong-road to Oban-road; thence north-westerly by Oban-road to Lilydale-road; thence northerly by Lilydale-road to the Maroondah-highway; thence south-westerly by the Maroondah-highway to Oban-ioad; thence north-westerly by Oban-road to the road forming the south boundary of section 23, Parish of Warrandyte; thence westerly by that road and the south boundary of section 24 to the north­ east angle of section 26; thence southerly by a road and the west boundary of allotment 28 to the Mullum Mullum or Deep Creek; thence north-westerly by that creek to the south boundary of allotment 138A, Parish of Nunawading; thence westerly by that boundary and north-westerly by a road to the east boundary of allotment 144; thence southerly by that boundary, westerly by the southern boundary of that allotment and northerly by a road to the Koonung Koonung Creek; thence westerly by the Koonung Koonung Creek to Middle- borough-road and thence southerly by Middleborough-road to Canterbury- road, being the point of commencement.

ELECTORAL DISTRICT OF RIPPONLEA: Commencing at the intersection of Alma-road and Kooyong-road; thence southerly by Kooyong-road to Glenhuntly-road; thence westerly by Glenhuntly- road to Brighton-road; thence north-westerly by Brighton-road to Dickens-street; thence noith-easterly by Dickens-street to Chapel street thence northerly by Chapel-street to Inkerman-street: thence westerly by lnkerman-screet to Barkly- street; thence northerly by Barkly-street to Wellington-street; thence easterly by Wellington-street and Dandenong-road to Hotham-street; thence southerly by Hotham-street to Alma-road, and thence easterly by Alma-road to Kooyong- road, being the point of commencement.

ELECTORAL DISTRICT OF RODNEY: Commencing on the Murray River at a point in line with the south boundary of allotment 1, section A, Parish of Cohuna; thence westerly by a line to Gunbower Creek; thence north-westerly by that creek to the eastern boundary of the Parish of Gannawarra; thence southerly by that boundary to the south­ east angle of allotment 77 in the last-named parish; thence north-westerly by the Cohuna-Koondrook road to the eastern angle of allotment 70A; thence westerly by a road to the north-east angle of allotment 71; thence southerly by a road and a line to Barr Creek; thence south-easterly by that creek to a point in line with the road forming the east boundary of allotment 30A; thence southerly by a line and that road to the south-east angle of allotment 29; thence westerly by the road forming the south boundary of the parish to the north-east angle of allotment 5, section F, Parish of Macorna; thence southerly by a road to the north-west angle of allotment 24, section F; thence easterly by the north boundary of that allotment to its north-east angle; thence southerly by the road forming the eastern boundary of the parish to the south-east angle of allotment 25, section F; thence easterly by a three-chain road to the north-east angle of allotment 1A, section C; thence southerly by the road forming the east boundary of that allotment to the Pyramid Creek; thence south-easterly by that creek to the south boundary of the parish; thence westerly by that boundary and the south boundary of the Parish of Tragowel to the Loddon River; thence southerly by the Loddon River to the north boundary of allotment 1, section 15, Parish of Yarrayne; thence easterly by a road and the northern boundaries of allotments 4 and 1, section 10, Parish of Salisbury, to the west boundary of the Parish of Yallook; thence northerly by a road to the north-west angle of section 8A in the latter parish; thence easterly by the northern boundaries of that section and section 16 and further easterly by a road to the north­ east angle of allotment 4, section 3. Parish of Whirrakee: thence northerly by a road to the north-west angle of allotment 12F, Parish of Kamarooka; thence easterly by a road to the Piccaninny Creek (adjacent to allotment 2, section C); thence south-easterly by that creek to a point in line with the east boundary of allotment 12B; thence southerly by a line and that boundary, easterly by the north boundary of allotment 12E and southerly by the west boundary ol allotment 12A to the south-west angle of that allotment: thence 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. easterly and north-easterly by a road to the Piccaninny Creek and further north-easterly by a line, in continuation thereof, to the road forming the north-east boundary of allotment 4, section C; thence south-easterly by that road to the south angle of allotment 6; thence northerly by the east boundary of that allotment to a point in line with the road forming the south boundary of allotment 53c, Parish of Warragamba; thence easterly by a line and a road and further easterly by a line to the Echuca and Bendigo Railway; thence south-westerly by that railway to a point in line with the south boundary of allotment J, Parish of Diggorra; thence south-easterly by a line and a road to the Campaspe River; thence southerly by that river and the west boundary of allotment 60, Parish of Bonn, easterly by the south boundary of that allotment, and north-easterly by a road to the north-west angle of allotment 44A; thence easterly by a road to the road forming the west boundary of the Parish of Carag Carag; thence southerly by that road and westerly by the road forming the north boundary of the Parish of Burramboot East and a line to Lake Cooper; thence south-westerly, north-westerly, and northerly by the margin of that lake to a point in line with the north boundary of allotment 1A, section B, Parish of Corop; thence westerly by a line and a road to the north-west angle of allotment 1; thence southerly by a road, westerly, and southerly by roads forming the north and west boundaries of the Parish of Burramboot, and westerly, southerly, and westerly by roads forming the north and part of the west boundaries of the Parish of Colbinabbin to the west boundary of allotment 32, section C; thence southerly by that boundary and the west boundary of allotment 31 and easterly by the road forming the south boundary of the parish to the west boundary of the Parish of Cornelia; thence southerly by that boundary to the south-west angle of allotment 33B in the said parish; thence easterly by a road to the north-east angle of allotment 68B; thence southerly by a road to the south-east angle of allotment 89; thence south-easterly, southerly, and south-westerly by a road to the south-west angle of allotment 4, section 23, Parish of Redcastle; thence easterly and north-easterly by a road to the south-west angle of allotment 17, section A; thence south-easterly by a road to the Cornelia Creek; thence easterly by that creek to the junction of Redcastle Creek; thence southerly by Redcastle Creek to a point in line with the south boundary of allotment 33; thence north-easterly by a line to the south-west angle of the said allotment; thence north-easterly and easterly by a road to the north-east angle of allotment 27; thence southerly by a road to the south-east angle of allotment 16; thence easterly by a line in continuation of the south boundary of the last-named allotment to the south boundary of the County of Rodney; thence north­ easterly, easterly, and south-easterly by that county boundary and further south­ easterly by the northern boundaries of allotments 12, 10 and 11, section B, Parish of Wirrate and a line in continuation thereof to the Sandy Creek; thence south-easterly and easterly by that creek to its junction with the Goulburn River; thence southerly by the Goulburn River to the road forming the douth boundary of allotment 31A, Parish of Tabilk; thence easterly by that road to the north-west angle of allotment 33A; thence southerly by a road to the south-west angle of that allotment; thence easterly by a road to the north­ east angle of allotment 2, section A, Parish of Monea North; thence northerly by a road to the south boundary of the Parish of Bunganail; thence easterly by that boundary to the south-west angle of allotment 51B, Parish of Bunganail: thence north by a road to the north-west angle of allotment 56B; thence west by a road to the Pranjip or Muddy Creek; thence northerly by that creek to the south-west corner of allotment 116, Parish of Molka; thence westerly by a road to the north-east angle of allotment 53B. section N, Parish of Dargalong; thence northerly by a road to the south-east angle of allotment 176A; thence easterly by the road from Murchison to Violet Town to the south-east angle of allotment 182; thence northerly by a road and a line in continuation thereof to the Goulburn River; thence generally north-easterly, easterly, and northerly by the Goulburn River to a point in line with the south boundary of allotment 116, Parish of Toolamba; thence westerly by a line and the south boundaries of allotments 116 and 115 and north-easterly by a road to the north-east angle of allotment 129; thence westerly by a road to the south-west angle of allotment 84A; thence northerly by a road to the north-east angle of allotment 108; thence westerly by a road to the south-east angle of allotment 86; thence northerly by a road to the north-east angle of allotment 102, Parish of Mooroopna; thence westerly by a road to the south-west angle of allotment 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. 99; thence northerly by a road to the north-west angle of allotment 53; thence easterly by a road to the north-east angle of that allotment; thence northerly by a road and a line in continuation thereof to the Goulburn River; thence generally north-westerly and westerly by the Goulburn River to its junction with the Murray River, and thence generally westerly and north-westerly by the Murray River to a point in line with the south boundary of allotment 1, section A, Parish of Cohuna, being the point of commencement.

ELECTORAL DISTRICT OF ST. KILDA: Commencing at the junction of Lorne-street with St. Kilda-road; thence south-easterly by St. Kilda-road to Barkly-street; thence southerly by Barkly- street to Inkerman-street; thence easterly by Inkerman-street to Chapel-street; thence southerly by Chapel-street to Dickens-street; thence south-westerly by Dickens-street to Brighton-road; thence south-easterly by Brighton-road to Glenhuntly-road; thence westerly by Glenhuntly-road to St. Kilda-street; thence southerly by St. Kilda-street to Head-street; thence westerly by Head- street and a line in continuation thereof to the shore of Port Phillip Bay; thence generally north-westerly by the shore of Port Phillip Bay and the shore of Hobson's Bay to a point in line with Fraser-street, and thence north-easterly by Fraser-street, further north-easterly by a direct line to Lorne- street, and again north-easterly by Lorne-street to St. Kilda-road, being the point of commencement

ELECTORAL DISTRICT OF SANDRINGHAM: Commencing on the shore of Port Phillip Bay at a point in line with Cromer-road; thence northerly by a line and Cromer-road to Balcombe-road; thence easterly by Balcombe-road to Charman-road; thence northerly by Charman-road to Latrobe-street; thence easterly by Latrobe-street to the Nepean-highway; thence north-westerly by the Nepean-highway to South-road; thence westerly by South-road to Bluff-road; thence southerly by Bluff-road to Highett-road; thence westerly by Highett-road, Bridge-street, and a line in continuation thereof to the shore of Port Phillip Bay, and thence generally south­ easterly and north-easterly by the shore of Port Phillip Bay to a point in line with Cromer-road, being the point of commencement.

ELECTORAL DISTRICT OF SCORESBY: Commencing on the Dandenong Creek at Burwood-road; thence southerly by the Dandenong Creek to the road forming the south boundary of allotment 5, Parish of Narree Worran; thence easterly by that road and the south boundaries of allotments 7 and 8, Parish of Narree Worran, to the north­ west angle of allotment 73; thence southerly by the west boundary of allot­ ment 73 to a two-chain road; thence easterly and northerly by that road to the north-west angle of allotment 1, section 22; thence easterly by the north boundary of that allotment and a road to the Cardinia Creek; thence generally north-easterly by that creek to the two-chain road forming the south boundary of allotment 111; thence north-easterly, south-easterly and again north-easterly by that two-chain road to the south boundary of the Township of Emerald; thence easterly and northerly by the south and east boundaries of the Township of Emerald to the north boundary of allotment 44, Parish of Gembrook; thence easterly by the last-mentioned boundary, the north boundary of allotment 43 and a road to the west angle of allotment 43A; thence easterly and southerly by the north and east boundaries of the last-named allotment and further southerly and easterly by the boundaries of allotment 43 to the most easterly angle of the latter allotment; thence northerly by a road to the road forming the north boundary of allotment 73; thence easterly by the latter road to the Cockatoo Creek; thence generally north­ easterly, north-westerly, and northerly by the Cockatoo Creek to the Woori YaUock Creek; thence generally northerly by the Woori Yallock Creek to the south boundary of the Parish of Gruyere; thence westerly by that boundary and the north boundary of the Parish of Mooroolbark to the north-east angle of allotment 26 in the latter parish; thence south by the east boundaries of 512 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. that allotment and allotment 29A and north-westerly by the road forming the southern boundary of the latter allotment to the north-west angle of allotment 29; thence southerly by a road to the south angle of allotment 25A; thence north-westerly, west and northerly by a road to the north angle of allotment 22c3; thence south-westerly, west and north by a road to the north-east angle of allotment 23B1; thence west by a road and the south boundaries of allotments 13 and 10 to the west boundary of the parish; thence south by a road to Lincoln-road; thence north-westerly by Lincoln-road and south-westerly by the Maroondah-highway to the road forming the northern boundary of allotment 41, Parish of Warrandyte; thence north-westerly and west by that road and south by the west boundary of the said allotment to the Mullum Mullum or Deep Creek; thence south-westerly by that creek to Oban-road in the Parish of Ringwood; thence south-easterly by Oban-road to the Maroondah-highway; thence north-easterly by the Maroondah-highway to Lilydale-road; thence southerly by Lilydale-road to Oban-road; thence south-easterly by Oban-road to Mount Dandenong-road; thence south-westerly by Mount Dandenong-road to the north-west angle of allotment 26A; thence east and south by the north and east boundaries of that allotment, and west by a road to the west boundary of allotment 28A; thence southerly by that boundary and east, southerly, and west by the north, east, and south boundaries of allotment 31A to the east boundary of allotment 32B; thence southerly by the last-mentioned boundary and the east boundary of allotment 39 to the Dandenong Creek; thence easterly by that creek to the western boundary of Crown portion A (Dandenong Creek Pre-emptive Right), Parish of Scoresby; thence southerly by that boundary and a road to the south-west angle of allotment 58B; thence south-westerly by a road to Burwood-road at the south­ west angle of allotment 55, and thence north-westerly and westerly by Burwood- road to the Dandenong Creek, being the point of commencement.

ELECTORAL DISTRICT OF SWAN HILL: Commencing on the Murray River where the west boundary of the County of Tatchera abuts thereon; thence generally south-easterly by that river to a point in line with the south boundary of allotment 1, section A, Parish of Cohuna; thence westerly by a line to Gunbower Creek; thence north­ westerly by that creek to the eastern boundary of the Parish of Gannawarra; thence southerly by that boundary to the south-east angle of allotment 77 in the last-named parish; thence north-westerly by the Cohuna-Koondrook-road to the eastern angle of allotment 70A; thence westerly by a road to the north-east angle of allotment 71; thence southerly by a road and a line to the Barr Creek; thence south-easterly by that creek to a point in line with the road forming the east boundary of allotment 30A; thence southerly by a line and that road to the south-east angle of allotment 29; thence westerly by the road forming the south boundary of the parish to the north-east angle of allotment 5, section F, Parish of Macorna; thence southerly by a road to the north­ west angle of allotment 24, section F; thence easterly by the north boundary of that allotment to its north-east angle; thence southerly by the road forming the eastern boundary of the parish to the south-east angle of allotment 25, section F; thence easterly by a three-chain road to the north-east angle of allotment 1A, section C; thence southerly bv the road forming the east boundary of that allotment to the Pyramid Creek; thence south-easterly by -> that creek to the south boundary of the parish; thence westerly by that boundary and the south boundary of the Parish of Tragowel to the Loddon River; thence southerly by the Loddon River to the road forming the north boundary of allotment 101, Parish of Mysia; thence westerly by that road to the Kjnypanial Creek; thence westerly by that creek to the road forming the south boundary of allotment 84B; thence westerly by that road to the north­ west angle of allotment 115; thence south by a road to the north-east angle of allotment 116; thence westerly by a road to the road forming the east boundary of allotment 18, Parish of Wychitella; thence south-westerly by that road to the south angle of the last-mentioned allotment; thence north by a road to the north-east angle of allotment 27; thence west and south by a roaa to the south-east angle of allotment 87; thence west by a road to the north-west angle of allotment 38; thence south by a road to the north­ east angle of allotment 16, Parish of Terrappee; thence west by a road and south by a three-chain road to the north-east angle of allotment 22; thence 1958. The Constitution Act Amendment: No. 6224

FOURTH SCHEDULE—continued. west and north by a road to the north-east angle of allotment 31; thence westerly by a road to the south-west angle of allotment 11, Parish of Narrewillock; thence northerly by a road to the south-east angle of allotment 12; thence westerly by a road to the Avoca River; thence northerly by that river to the south boundary of the Parish of Wycheproof; thence westerly by that boundary to the road forming the eastern boundary of allotment 36, Parish of Teddywaddy; thence southerly, south-westerly, and again southerly by that road to the south-east angle of allotment 67A; thence north-westerly and northerly by a road to the north-west angle of that allotment; thence westerly, southerly, and again westerly by the road forming the southern boundary of the last-mentioned parish to the east boundary of the Parish of Corack East at the north-east angle of allotment 4, section E, in that parish; thence northerly by a road to the south-east angle of allotment 2; thence west by a road and northerly by the west boundaries of the said allotment and allotment 37, section D, and a road to the road forming the north boundary of the parish; thence westerly by the latter road to the north-west angle of allotment 16, section C, Parish of Corack East; thence southerly by a road to the road forming the south boundary of allotment 53A, Parish of Corack; thence westerly by the latter road to the north-west angle of allotment 68; thence southerly and westerly by a road to the three-chain road forming the east boundary of allotment 47; thence north-westerly by the last-mentioned road, westerly by the road forming the north boundary of the last-named allotment, and southerly by a road to the south-east angle of allotment 32, Parish of Warmur; thence westerly by a road to the south­ east angle of allotment 36; thence south-westerly by the North-Western- highway to the north boundary of allotment 26; thence westerly by that boundary, southerly by a road, and westerly by the north boundary of allot­ ment 25 to the north boundary of the Parish of Watchem; thence westerly by that boundary, and further westerly by a three-chain road to the north­ west angle of allotment 29, Parish of Wilkur; thence northerly by a road to the north angle of allotment 19; thence south-westerly by the main road from Birchip to Warracknabeal to the south angle of allotment 147, Parish of Bangerang; thence southerly by the west boundary of the last-named parish to the north boundary of the Parish of Werrigar; thence westerly and southerly by the north and west boundaries of the last-named parish to the south-west angle of allotment 35 in that parish; thence easterly by a five- chain road to the north-east angle of allotment 51; thence southerly and westerly by the east and south boundaries of that allotment to the north-east angle of allotment 52; thence southerly by the east boundary of that allotment and westerly by a road to the north-west angle of allotment 26, Parish of Cannum; thence southerly by a road to the south-west angle of thit allotment; thence westerly by the roads forming the south boundary of the parish to the south-west angle of allotment 152; thence northerly by the west boundary of the said parish to the road forming the south boundary of the Parish of Tarranyurk; thence westerly by that road to the Dimboola to Jeparit railway and northerly by that railway to the road forming the south boundary of allotment 17 in the last-named parish; thence south-westerly by that road and a line in continuation thereof to the Wimmera Rivera; thence northerly by that river to a point in line with the north boundary of allotment 21, Parish of Banu Bonyit; thence west by a line, that boundary, and the north boundaries of allotments 21B and 20 to the north-west angle of the last-mentioned allotment: thence northerly by a road to the north boundary of allotment 3; thence westerly by that boundary and southerly by a road to the north boundary of allotment 2; thence westerly by that boundary to the road forming the the west boundary of the Parish of Tullyvea; thence northerly by that road to the road forming the south boundary of the Parish of Babatchio; thence westerly by that road to the road forming the east boundary of the Parish of Lorquon; thence northerly by that road to the north-east angle of allotment 57A; thence westerly by a road to the south-west angle of allotment 64: thence northerly by a road to the north-east angle of allotment 15, Parish of Perenna, on the south boundary of the County of Weeah; thence easterly by that county boundary of the south boundary of the County of Karkarooc to the road forming the west boundary of the Parish of Wirmbool; thence northerly by that road and the road forming the west boundaries of the Parishes of Nandemarrimin and Gaalanungah and easterly by the road forming the north boundary of the latter parish to the west boundary of the Parish of Cambacanya; VOL. n.—17 1958. The Constitution Act Amendment. No. 6224

FOURTH SCHEDULE—continued. thence northerly by that boundary and the west boundary of the Parish of Wirrbibial and easterly by the north boundary of the last-named parish to the south-east angle of the Wyperfeld National Park; thence generally northerly by the eastern boundary of the Wyperfeld National Park to the southern boundary of the Parish of Patchewollock; thence easterly by that boundary and the south boundaries of the Parishes of Dennying, Gorya, and Boorong to the west boundary of allotment 40A in the last-named parish; thence northerly by that boundary and further northerly by a road and the east boundary of allotment 46B to the south boundary of the Parish of Tyenna; thence westerly by that boundary to the south-west angle of allotment 62 in the last-named parish; thence northerly by a road to the north boundary of the parish; thence easterly by that boundary to the west boundary of the Parish of Bimbourie; thence northerly and easterly by the west and north boundaries of that parish to the shore of Lake Tyrrell; thence generally north-easterly by the shore of that lake to the south boundary of the Parish of Eureka; thence easterly by that boundary to the west boundary of the County of Tatchera, and thence northerly by that county boundary to the Murray River, being the point of commencement.

ELECTORAL DISTRICT OF TOORAK: Commencing on the Yarra River at Kooyong-road; thence southerly by Kooyong-road to Malvern-road; thence westerly by Malvern-road and Commercial-road to St. Kilda-road; thence north-westerly by St. Kilda-road to the Yarra River, and thence generally easterly by the Yarra River to Kooyong-road, being the point of commencement.

ELECTORAL DISTRICT OF WILLIAMSTOWN: Commencing on the shore of Hobson's Bay at a point in line with Pickles- street; thence north-easterly by a line and Pickles-street to Lyell-street; thence easterly by Lyell-street and north-easterly by Dorcas-streel to the St. Kilda to Melbourne railway; thence north-westerly and northerly by that railway to Clarendon-street; thence north-westerly by Clarendon-street to the Yarra River; thence westerly by the Yarra River, south-westerly by the Coode Canal and further south-westerly and south-easterly by the Yarra River to a point in line with High-street; thence westerly by a line and High-street to the Melbourne to Geelong railway; thence southerly and south-westerly by the Melbourne to Geelong railway to Challis-street; thence southerly by Challis-street and a line in continuation thereof to the shore of Port Phillip Bay, and thence generally easterly by the shore of Port Phillip Bay, and north-westerly, north­ easterly and south-easterly by the shore of Hobson's Bay to a point in line with Pickles-street, being the point of commencement. (To include the electors, Gellibrand Pile Light, and those afloat on Hobson's Bay.)

ELECTORAL DISTRICT OF YARRAVILLE: Commencing at the intersection of the Bendigo to Melbourne railway and the west boundary of the City of Footscray; thence easterly by that railway to Geelong-road; thence south-westerly by Geelong-road to Williamstown-road; thence southerly by Williamstown-road to Charles-street; thence easterly by Charles-street to the Williamstown railway; thence north-easterly and easterly by that railway to the Maribyrnong River; thence generally southerly by the Maribyrnong River and south-westerly and south-easterly by the Yarra River to a point in line with High-street; thence westerly by a line and High-street to the Melbourne to Geelong railway; thence southerly and south-westerly by the Melbourne to Geelong railway to Challis-street; thence northerly by Challis- street to Mason-street; thence easterly by Mason-street to Johnston-street; thence northerly by Johnston-street to Blackshaw's-road; thence westerly by Blackshaw's- road to Stephenson-street; thence northerly by Stephenson-street to The Avenue, and thence westerly by The Avenue, Watson-street and the south boundary of the City of Footscray and northerly by the west boundary of the said city to the Bendigo to Melbourne railway, being the point of commencement.' 1958. The Constitution Act Amendment. No. 6224 515

FIFTH SCHEDULE. Section 14»: Form of Writ. ELIZABETH THE SECOND by the Grace of God of the United Kingdom, Australia and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To the Returning Officer of the Province. GREETING— We command you that you proceed according to law to the election of member to serve in the Legislative Council for the said province. And We do hereby appoint the day of in the year of Our Lord One thousand nine hundred and to be the day before or on which nominations of candidates at and for the said election are to be made. And We do further command you that in the event of the said election being contested the poll shall be taken on the day of . And that this Our Writ, with the name (s) of the person (s) so elected indorsed hereon, by you, shall be returned to Us here before or on the day of next. Witness, His Excellency the Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, &c, &c. [or if the case so requires, the President of Our Legislative Council,] at Melbourne, this day of in the year of Our reign.

SIXTH SCHEDULE. Section 15& Form of Writ. ELIZABETH THE SECOND by the Grace of God of the United Kingdom, Australia and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To the Returning Officer of the Electoral District of GREETING— We command you that you proceed according to law to the election of a member to serve in the Legislative Assembly for the said District. And We do hereby appoint the day of in the year of Our Lord One thousand nine hundred and to be the day before or on which nominations of candidates at and for the said election are to be made. And We do further command you that in the event of the said election being contested the poll shall be taken on the day of and that this Our Writ with the name of the person so elected indorsed hereon by you shall be returned to Us here before or on the day of next. Witness, His Excellency the Governor of the State of Victoria and its dependencies in the Commonwealth of Australia, &c, &c. [or if the case so requires, Speaker of our Legislative Assembly,! at Melbourne, this day of in the year of Our reign. 516 1958. The Constitution Act Amendment. No. 6224

Section 159. SEVENTH SCHEDULE. Form of Nomination. The day of 19 We the undersigned electors of the Province [or Electoral District of ] do hereby nominate [stating christian or other name or names and surname] of [state occupation] for the office of member of the Legislative Council [or Legislative Assembly] for the said province [or district] at the election to be held for the said province [or district] in pursuance of a writ issued the day of A.D. 19 . [Here are to follow the signatures of not less than ten persons entitled to vote at the election.]

Consent to Nomination. To the Returning Officer for the province [or district] of I [state christian or other name or names and surname] of [state address] [state occupation] do hereby consent to nomination for the office of member of the Legislative Council [or Legislative Assembly] for the province [or district] of at the election to be held for the said province [or district] in pursuance of a writ issued the day of 19 \or (as the case requires) at the next election for the said province (or district).] Dated the day of 19 (Signed)

Section 164. EIGHTH SCHEDULE. Form of Withdrawal. We the undersigned nominators of [A.B.] as a candidate at the election of a member of the Legislative Council [or Legislative Assembly] to be held in pursuance of a writ issued on day of 19 do hereby withdraw the said [A.B.] as such candidate. [Here follow the signatures of any seven of the nominators.] And I the said [A.B.] do hereby retire from being such candidate. (Signed) [A.B.]

Section 163. NINTH SCHEDULE. Form of Ballot-paper. Electoral Province [or District] of Candidates' names [arranged in alphabetical order of surnames]— Directions. The voter must not strike out the name of any candidate. The voter must place the figure 1 opposite the name of the candidate whom the voter wishes to be elected. The voter must then place opposite the name of each of the remaining candidates figures 2, 3, 4 (and so on as the case requires) to indicate the order of the voter's preference for each such candidate. The ballot-paper so marked must be dropped by the voter into the ballot-box. The voter must not take this ballot-paper out of the polling booth or to any place in the polling booth save to one of the compartments provided or the ballot-box. 1958. The Constitution Act Amendment. No. 6224 517

TENTH SCHEDULE. Section 165. Form of Ballot-paper. Province Candidates' names [arranged in alphabetical order of surnames]— Directions. The voter must mark his vote on the ballot-paper by placing the figure 1 opposite the name of the candidate for whom he votes as his first preference and the figures 2, 3, 4, (and so on as the case requires) opposite the names of all the remaining candidates so as to indicate by such numerical sequence the order of his preference. The ballot-paper so marked must be dropped by the voter into the ballot- box. The voter must not take this ballot-paper out of the polling booth or to any place in the polling booth save to one of the compartments provided or the ballot-box.

ELEVENTH SCHEDULE. Sections 214. 213. 1. When a person receives a ballot-paper he shall mark his vote on the No. 6016 ballot-paper by placing the figure 1 opposite the name of the candidate for s. 3 (4). whom he votes as his first preference and the figures 2, 3, 4 (and so on as the How votes lo be marked by case requires) opposite the names of all the remaining candidates so as to voter. indicate by such numerical sequence the order of his preference: Provided that the provisions of this clause shall be deemed to be sufficiently Marking of ballot-paper complied with if the ballot-paper is marked with the figures 1, 2, 3, 4 (and so on in general as the case requires) opposite the names of all the candidates on the ballot-paper elections Tor except one, and in any such case the elector shall for all the purposes of this Act the Council. be deemed and taken to have indicated the order of his preference for all the candidates and to have given his last contingent vote for the candidate opposite whose name no figure is placed. 2. (1) A ballot-paper shall be rejected at the close of the poll if it is not invalid marked in a manner prescribed or allowed by the foregoing provisions of this ba'lot-papers. Schedule. (2) Except as otherwise expressly provided in this Act a ballot-paper shall Ballot-papers not be rejected for any reason other than the reason stated in this clause but not """•i»l- shall be given effect to according to the elector's intention so far as his intention is clear. 3. The procedure by the returning officer and deputy returning officers for Procedure to each province to ascertain the result of the election for such province shall be as ascertain follows:— result. (a) Immediately upon the close of the poll the returning officer and every The counting deputy at the polling booth at which each presides shall in the of votes at presence and subject to the inspection of such of the scrutineers the polling as choose to be present and the poll clerk (if any) and of no other booth. person— (i) open each ballot-box at such polling booth; (ii) count all first preference votes (other than votes of unenrolled voters and absent voters) given for each candidate respectively; (iii) make and keep a record of the number of votes counted from each ballot-box. 518 1958. The Constitution Act Amendment. No. 6224

ELEVENTH SCHEDULE—continued. Duties of (6) Each deputy shall in respect of the polling booth at which he deputies. presides— (i) certify a list of the number of such first preference votes given for each candidate verified as well by the signature of the deputy and the poll clerk (if any) as by the signatures of such of the scrutineers as are present and consent to sign the same; (ii) make out an account verified as aforesaid in which such deputy shall charge himself with the number of ballot- papers originally delivered to him specifying therein the number thereof delivered to and used by voters and the number not so delivered or left unused and the number set aside for separate custody and the number cancelled as spoilt; ! (iii) make up in one parcel the ballot-papers which have been used in voting at the said polling booth during the election; in another separate parcel the ballot-papers which have remained unused thereat; in another separate parcel the ballot-papers which have been set aside for separate custody thereat and also the ballot-papers cancelled as spoilt; and in another separate parcel the certified copies of rolls supplied to the said deputy signed by him or (as the case may be) the copies of rolls certified by the said deputy and all books rolls and papers kept or used by him during the polling; (iv) seal up the said several parcels and permit any scrutineer who desires so to do to affix his seal to such parcels; (v) indorse the said parcels severally with a description of the contents thereof and with the name of the province the name of the subdivision and polling booth and the date of polling and sign his name to such indorsement; and (vi) transmit such list and such account and such sealed parcels to the returning officer.

Duties of (c) The returning officer shall in respect of the polling booth at which returning he presides— officei at the booth at (I) make out a list of first preference votes given for each JJjjJJlU,18 candidate and a like account of the ballot-papers as ^^ " herein required in the case of deputies duly verified by the signatures of the returning officer the poll clerk (if any) and of such of the scrutineers as are present and consent to sign the same; and (ii) seal up in separate parcels in respect of the said polling booth the ballot-papers books rolls and papers used by him during the polling and indorse the same in like manner as is herein required in the case of deputies.

Filling of (d) The first vacancy shall be filled in the following manner:— (i) The returning officer shall with the assistance of such officers as he deems necessary and in the presence and subject to the inspection of any one sirutineer (if present) appointed by each candidate but of no other person— open all the sealed parcels containing used ballst- papers; and arrange such ballot-papers together with the allowed postal ballot-papers and ballot-papers returned to the returning officer and recording votes of unenrolled voters and absent voters allowed under the provisions of this Act by placing in a separate parcel all those on which a first preference is indicated for the same candidate omitting ballot-papers which are required to be rejected. 1958. The Constitution Act Amendment. No. 6224 619

ELEVENTH SCHEDULE—continued. (ii) The candidate who has received the greatest number of Where first preference votes shall if that number constitutes receives" an absolute majority of votes (including the casting vote absolute of the returning officer if necessary) by the returning majority of officer be declared duly elected. preference (iii) If no candidate has received an absolute majority of first preference votes the returning officer shall then declare the candidate who has obtained the fewest first preference votes an excluded candidate; and the ballot-papers counted to such excluded candidate shall be distributed among the continuing candidates next in order of the voters' preference. After such distribution the number of votes given to each continuing candidate shall again be ascertained. (iv) The candidate who has then received the greatest number Candidate of votes, if such number constitutes an absolute majority successful on of votes (including the casting vote of the returning toChedec°ared officer if necessary) shall by the returning officer be elected. declared duly elected. (v) If no candidate then has an absolute majority of votes ?UI?her, (including the casting vote of the returning officer if declarations necessary) the process of declaring the candidate who has distributions the fewest votes an excluded candidate and distributing of preferences. his ballot-papers amongst the continuing candidates next in order of the voters' preference shall be repeated and the votes recounted after every such redistribution until one candidate has obtained an absolute majority of votes , (including the casting vote of the returning officer if necessary) and such candidate shall be declared duly elected.

(e) The second vacancy shall be filled in the following manner:— Second (i) The returning officer, with the assistance of such officers as he deems necessary and in the presence and subject to the inspection of any one scrutineer (if present) i. appointed by each candidate but of no other person, shall— re-arrange all the ballot-papers, other than the ballot- papers which require to be rejected, under the names of the respective candidates in accordance with the first preference indicated thereon except that each ballot-paper on which a first preference for the elected candidate is indicated shall be placed in the parcel of the candidate next in order of the voter's preference; and ascertain the total number of votes given to each continuing candidate. (ii) The candidate who has received the greatest number of Where result votes, if such number constitutes an absolute majority of ascertained votes (including the casting vote of the returning officer onumcount- if necessary), shall by the returning officer be declared duly elected. (iii) If no candidate has received an absolute majority of votes Further (including the casting vote of the returning officer if declarations necessary) the returning officer shall then declare the 5?^ .h ,, candidate who has obtained the fewest votes an excluded of'preferences, candidate; and the ballot-papers counted to such excluded candidate shall be distributed among the continuing candidates next in order of the voters' preference. After such distribution the number of votes given to each continuing candidate shall again be ascertained. 520 1958. The Constitution Act Amendment. No. 6224

ELEVENTH SCHEDULE—continued. Candidate (iv) The candidate who has then received the greatest number successful on of votes, if such number constitutes an absolute majority second count to be declared of votes (including the casting vote of the returning officer elected. if necessary), shall by the returning officer be declared duly elected. Further (v) If no candidate then has an absolute majority of votes declarations (including the casting vote of the returning officer if and distributions necessary) the process of declaring the candidate who of preferences. has the fewest votes an excluded candidate and distributing the ballot-papers counted to such excluded candidate amongst the continuing candidates next in order of the voters' preference shall be repeated, and the votes shall be recounted after every such redistribution until one candidate has received an absolute majority of votes (including the casting vote of the returning officer if necessary) and such candidate shall by the returning officer be declared duly elected. Provision for (/) If on any count two or more candidates have an equal number of equality of votes and votes and one of them has to be declared an excluded candidate casting vote. the returning officer shall decide which is to be declared an excluded candidate, and on the final count for filling any vacancy the returning officer shall in the case of equality of votes have a casting vote but except as provided in this Schedule he shall not vote at such election. In this clause of the Schedule— " Absolute (a) " Absolute majority of votes" means a number of votes greater majority of than one-half of the total number of ballot-papers (excluding votes." ballot-papers which are required to be rejected); " Continuing (b) "Continuing candidate" means a candidate not already elected or candidate." excluded from the count; and " Final (c) " Final count" includes any stage of a count where one candidate count." has received a number of votes equal to the number of votes received by the remainder of the continuing candidates. Adlonrnment 4. (1) If on the date of the polling at any election the count of the votes of count of by the returning officer cannot be completed he shall adjourn such count and votes. inform the scrutineers and the officers appointed to assist him at such count as regards the time and place when and where such count will be continued and conducted by him. Further (2) The count of the votes may from time to time be adjourned as the adjournments. returning officer deems necessary until it has been duly completed and each adjournment shall be announced by the returning officer to the scrutineers and the officers assisting him.

Before (3) Before every adjournment of the count of the votes— adjournment ballot-papers (a) all ballot-papers and other documents connected with such count &c. 'o be shall be placed in one or more ballot-boxes: and sealed in ballot-boxes. (b) the returning officer shall then in the presence of such scrutineers and offi-ers as are present lock and seal such ballot-box or boxes and before re-commencing the count the seal on such ballot- box or boxes shall be exhibited unbroken to such of the scrutineers and officers as are present.

Separate 5. (1) The returning officer shall as soon as practicable after the date of the parcels to be polling at any election enclose in separate packets all the parcels transmitted enclosed in packets to him as provided in this Schedule and those made up and sealed by himself according *o in respect of the polling booth at which he has presided. class and sealed Sx. (2) He shall enclose in one separate packet all parcels of used ballot-papers except used ballot-papers in this sub-clause specifically provided for; in another all parcels of unused ballot-papers including all ballot-papers which have been printed for the election and not distributed for use to his deputies; in another all parcels of ballot-papers set aside as aforesaid and also all ballot-papers cancelled as spoilt; in another all parcels containing copies of rolls books and 1958. The Constitution Act Amendment. No. 6224 521

ELEVENTH SCHEDULE—continued. other papers; and shall enclose in another all ballot-papers of unenrolled voters Ballot-papers a d c 1 es ol and the envelopes containing the same and in another all ballot-papers of rollr, 0s ff.and, absent voters and the envelopes containing the same. books to be evidence. (3) He shall seal up the several packets and indorse the same with a description of the contents thereof respectively and the name of the province and the date of the polling and sign his name to such indorsement and shall forthwith forward the packets to the clerk of the Council to be by such clerk safely kept for two years. (4) The said clerk shall forthwith give or send to the returning officer a receipt under his hand for the said packets. (5) Any ballot-paper, and any copy of a roll, and any book purporting to be taken from any such parcel and having written thereon respectively under the hand of the clerk of the Council a certificate of the several particulars required by this Act to be indorsed upon such parcel and that the same was so taken from such parcel shall be evidence in any court or before any justice or any committee of elections and qualifications that the same was so taken and that the same if a ballot-paper was deposited and if a roll or book was kept or used at the election and booth to which such indorsement and writing relate.

TWELFTH SCHEDULE. Section 219. No. 6016 s. 4 (9). Fowl of Application for Postal Ballot-paper. LEGISLATIVE COUNCIL ELECTION (or LEGISLATIVE ASSEMBLY ELECTION). Application for a Postal Ballot-paper. To the Returning Officer for the (a) Here (a) Province (or District). insert name of I, (ft) Province (or of District). (6) Here hereby apply for a postal ballot-paper. insert (1) I am an elector for the (c) christian or Subdivision of the above-named Province (or District). other name or (2) The ground on which I apply for the postal ballot-paper is— names surname *(«) That I reside at least five miles from the nearest polling place [or, in residence and the case of a subdivision declared by the Governor in Council to be occupation as a mountainous subdivision, at least three miles from the nearest appearing on the roll. polling place] at which I am entitled to vote. (c) Here *(b) That I will not throughout the hours of polling on the polling day insert name of be within the State of Victoria. subdivision. My reasons for believing this ground to be applicable are:—

*(c) That I will not throughout the hours of polling on the polling day be within five miles of the nearest polling place at which I am entitled to vote. My reasons for believing this ground to be applicable are:—

*(d) That I will throughout the hours of polling on the polling day be travelling under conditions which will preclude me from voting at any polling place at which I am entitled to vote. My reasons for believing this ground to be applicable are:—

•NOTE.—The elector will strike out any of the above grounds which do not apply to his particular case, as only one ground is necessary for the application. 622 1958. The Constitution Act Amendment. No. 6224

TWELFTH SCHEDULE—continued. *(e) That I am seriously ill (or infirm) and by reason thereof I will be prevented from voting personally at any polling place at which I am entitled to vote. *(/) That by reason of approaching maternity I will be prevented from voting personally at any polling place at which I am entitled to vote. *(g) That I have conscientious scruples against voting on a Saturday. My reasons for believing this ground to be applicable are:—

(<0 Here O) I request that the postal ballot-paper be forwarded to me at my place of state address living at the time when the postal ballot-paper would be delivered in the ordinary postal course of post which will be (d) [or (as the case may be) be ballot-paper delivered to me personally]. is to be sent. Signed by the elector in his own handwriting in my presence— Signature of authorized witness (in own handwriting). tAddress of authorized witness tTitle or capacity of authorized witness (if signed outside Victoria). Signature of elector (in own handwriting). Dated at this day of 19 tNoTE.—If signed in Victoria, the address in respect of which the authorized witness is enrolled or entitled to be enrolled as an elector for the Legislative Council or the Legislative Assembly must be inserted. If signed outside Victoria, the address of the authorized witness and the title or capacity in respect of which he acts must be inserted. Caution.—Any ptrson making a false statement in an application is liable to imprisonment for a term of not more than two years.

Authorized Witness. The following persons are authorized witnesses:— (a) Within Victoria— Any person who is enrolled or who is entitled to be enrolled as an elector for the Legislative Council or the Legislative Assembly. (b) Within any other State or Territory in Australia— Any justice of the peace for the State or Territory or the appropriate part thereof, any member of the police force of the Commonwealth or of any State or Territory, any officer of the public service of any State or of the Commonwealth permanently employed in any State or Commonwealth electoral office, any legally qualified medical practitioner, any nurse or midwife registered by the Nurses Board or Midwives Board of any State or Territory, any officer in charge of a quarantine station, any minister of religion, any postmaster or postmistress or postal official in charge of a post office, any commissioned officer of the naval military or air forces of the Commonwealth.

*NOTE.—The elector will strike out any of the above grounds which do not apply to his particular case, as only one ground is necessary for the application. 1958. The Constitution Act Amendment. No. 6224

TWELFTH SCHEDULE—continued. (c) Within the United Kingdom or the Dominion of New Zealand— Any member of any police force in the United Kingdom or the Dominion of New Zealand, any High Commissioner Trade Commissioner or Agent-General for the Commonwealth of Australia or the State of Victoria or any officer of the public service of the Commonwealth of Australia or the State of Victoria on the staff of any such High Commissioner Trade Commissioner or Agent-General. No person who is a candidate at any election shall be an authorized witness at that election.

Instructions to Elector and Authorized Witness. (a) When so much of the form of application as precedes the places for the signatures has been filled in and otherwise completed the elector shall exhibit his form of application to an authorized witness. (/>) The elector shall then in the presence of the authorized witness sign his name in his own handwriting on the form of application in the place provided for the signature of the elector. (c) The authorized witness shall then sign his name in his own handwriting in the place provided for the signature of the authorized witness and shall add— (i) if the application is signed in Victoria, the address in respect of which he is enrolled or entitled to be enrolled as an elector for the Legislative Council or the Legislative Assembly; (ii) if the application is signed outside Victoria, the title or capacity in respect of which he acts as an authorized witness and his address— and, in either case, the date.

Offences and Penalties. (a) An authorized witness shall not witness the signature of any elector on any application for a postal ballot-paper unless the authorized witness— (i) has satisfied himself as to the identity of the elector; (ii) has seen the elector sign the application in the elector's own handwriting; and (iii) knows that the statements contained in the application are true or has satisfied himself (whether by inquiry from the elector or otherwise) that the said statements are true. (6) An authorized witness shall not persuade or induce or associate himself with any person in persuading or inducing any person to make application for a postal ballot-paper. (c) An authorized witness shall not— (i) visit any elector for the purpose of witnessing the signature of such elector to his application for a postal ballot-paper; or (ii) witness the signature of any elector to any such application in any place other than the ordinary residence or place of business of the authorized witness: Provided that if any elector desires to make application for a postal ballot-paper and is unable on account of ill-health or infirmity or approaching maternity to appear before an authorized witness, any authorized witness when so requested by any such elector in writing may visit such elector for the purpose of witnessing such elector's signature to such application. Every authorized witness guilty of any of these offences is liable to a penalty of not more than One hundred pounds, or to imprisonment for a term of not more than three months. 1958. The Constitution Act Amendment. No. 6224

THIRTEENTH SCHEDULE.

PART A. Form of postal ballot-paper. POSTAL BALLOT-PAPER. State of Victoria. Province ] or \ District J Subdivision (Before marking this ballot-paper exhibit it unmarked to an authorized witness.)

CANDIDATES' NAMES.

.1

NOTE.—Indicate the order of your preference by placing the figure 1 in the square opposite the n.ime of the candidate to whom your first preference is given and the figures 2, 3, 4 (and so on as the case requires) in order of preference in the squares opposite the names of all the remaining candidates.

PART B. Endorsement on envelope. State of Victoria. Province ] . or \ District J Subdivision Roll No Application No

DECLARATION BY VOTER. I declare that I have not already posted a ballot-paper in respect of or voted personally at any election held or to be held on the polling day of the election for which this vote is given, and that I am entitled to vote at this election. Signature of Voter (in own handwriting).

CERTIFICATE OF AUTHORIZED WITNESS. I certify that the above declaration was signed by the voter in the voter's own handwriting in my presence in (here insert the State or Territory in Australia or other part of the British Commonwealth in which the declaration is signed). 1958. The Constitution Act Amendment. No. 6224

THIRTEENTH SCHEDULE—continued. Signature of Authorized Witness •Address of Authorized Witness •Title or capacity of Authorized Witness (if signed outside Victoria) Date 19 * NOTE.—If signed in Victoria, insert the address in respect of which the authorized witness is enrolled or entitled to be enrolled as an elector for the Legislative Council or the Legislative Assembly. If signed outside Victoria, the address of the authorized witness and the title or capacity in respect of which he acts must be inserted.

Authorized Witnesses. The following persons are authorized witnesses:— (1) Within Victoria— Any person who is enrolled or who is entitled to be enrolled as elector for the Legislative Council or the Legislative Assembly. (2) Within any other State or Territory in Australia— Any justice of the peace for the State or Territory or the appropriate part thereof, any member of the police force of the Commonwealth or of any State or Territory, any officer of the public service of any State or of the Commonwealth permanently employed in any State or Commonwealth electoral office, any legally qualified medical practitioner, any nurse or midwife registered by the Nurses Board or Midwives Board of any State or Territory, any officer in charge of a quarantine station, any minister of religion, any postmaster or postmistress or postal official in charge of a post office, any commissioned officer of the naval military or air forces of the Commonwealth. (3) Within the United Kingdom or the Dominion of New Zealand— Any member of any police force in the United Kingdom or the Dominion of New Zealand, any High Commissioner Trade Commissioner or Agent-General for the Commonwealth of Australia or the State of Victoria or any officer of the public service of the Commonwealth of Australia or the State of Victoria on the staff of any such High Commissioner Trade Commissioner or Agent-General. No person who is a candidate at any election shall be an authorized witness at that election.

FOURTEENTH SCHEDULE.

As Returning Officer for the Electoral j^^"" of I desire to inform you that, on the basis of your application for a Postal Ballot-paper, I am not satisfied that you are entitled to vote by post at the forthcoming election because [here insert reasons]. Therefore, in order to vote at the election— *(// circumstances permit) you will have to attend personally at a polling booth and tender your vote; *(// time and circumstances permit) you may complete and return to me a fresh form of application for a postal vote. * NOTE.—The Returning Officer will strike out any of these statements which is inapplicable to the particular case. 526 1958. The Constitution Act Amendment. No. 6224

FOURTEENTH SCHEDULE—continued.

Dated at this day of 19

Returning Officer. NOTE.—(1) An application cannot be granted unless it reaches the Returning Officer before 6 p.m. on the day immediately preceding the polling day. (2) A postal ballot-paper cannot be admitted to the count unless— (a) it is received by the Returning Officer through the post before 8 p.m. on polling day; or (b) it is delivered to any polling place open in Victoria during the hours of polling on polling day.

Section 228. FIFTEENTH SCHEDULE. Declaration of Elector claiming to Vote at Polling Booth. I, , residing at , do hereby declare that my name is included in the Roll for the Subdivision of the Electoral of , and that I have not received a postal ballot-paper entitling me to vote by post at the election of Member(s) for the Legislative now being held in the said Electoral , and that I desire to vote personally at such election. Signed and declared at Polling booth this day of in the presence of Returning Officer or Deputy Returning Officer. Caution.—Any person who wilfully makes and subscribes a declaration which is untrue or false in any particular is deemed to be guilty of wilful and corrupt perjury, and is punishable accordingly.

Section 257. SIXTEENTH SCHEDULE. No. «I16 s.6(A>. PART I. 1. The expenses of printing, advertising, publishing, issuing, and distributing addresses and notices and purchase of rolls. 2. The expenses of stationery, messages, postage, and telegrams. 3. The expenses of holding public meetings, and hiring halls for that purpose. 4. The expenses of committee-rooms. 5. One scrutineer at each polling-booth and no more. 6. One agent for any electoral province or district.

PART II. Maximum Scale. 1. For elections for the Legislative Council the electoral expenses (other than personal expenses of a candidate in travelling and attending election meetings) shall not exceed in the whole the maximum amount of £1,000. 2. For elections for the Legislative Assembly the electoral expenses (other than personal expenses of a candidate in travelling and attending election meetings) shall not exceed in the whole the maximum amount of £500. 1958. .The Constitution Act Amendment. No. 6224 ,527

SEVENTEENTH SCHEDULE. Section 259. Return of Electoral Expenses. I, A.B., candidate at the election for the Province (or Electoral District) on the day of make the following return respecting my electoral expenses at the said election:— Expenditure. £ s. d. Paid to CD. as agent at in respect of the election for the province (or electoral district) Paid to G.H. scrutineer for days' services at polling-booth [The names and addresses of every scrutineer and agent, and the sum paid to each, must be set out separately.] Paid to the following persons in respect of goods supplied or work and labour done [The name and address and the nature of the goods supplied, or the work and labour done by each, and the amount paid in each case, must be set out separately.] Paid hire of rooms for holding public meetings Paid hire of rooms for holding committee meetings Paid for miscellaneous matters [The name and address of each person to whom any sum is paid, and the reason for which it was paid to him, must be set out separately.] In addition to the above, I am aware of the following disputed and unpaid claims, viz.:— By T.U., for [Here set out the name and address of each person whose claim is disputed, the amount of the claim, and the goods, work, or other matter on the ground of which the claim is based.] (Signed) [A.B.]

EIGHTEENTH SCHEDULE. Section 259. No. 6016 Declaration as to Electoral Expenses s. 6 (/). I, having been a candidate at the election for the of on the day of 19 do hereby solemnly and sincerely declare that the return of electoral expenses transmitted by me to the Chief Electoral Officer is to the best of my knowledge and belief true and correct: And I further solemnly and sincerely declare that, except as appears from that return, 1 have not made any payment, advance, or deposit, or given, promised, or offered any reward, office, employment or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election: 528 1958. The Constitution Act Amendment. No. 6224

EIGHTEENTH SCHEDULE—continued. And I further solemnly and sincerely declare that I have paid the sum of and no more, for the purpose of the said election. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of an Act of the Parliament of Victoria rendering persons making a false declaration punishable for wilful and corrupt perjury. Dated the day of 19 (Signed) [A.B.]

NINETEENTH SCHEDULE. Form of Oath to be taken by each Member of the Committee of Elections and Qualifications. (°) I, A.B., swear by Almighty God well and truly to try and determine the matter of any petition and other questions referred to the Committee of Elections and Qualifications and a true judgment to give according to the evidence and truly and faithfully to perform the duties appertaining to a member of the said committee to the best of my judgment and ability without fear or favour. (a) See section 100 of the Evidence Act 19SS as to mode of administering oath.