No. 5465. An Act to introduce Adult Suffrage at Legislative Council Elections, to amend the Law relating to Qualification for Membership of and Elections for the Legislative Council, to provide for the Re-definition of the Boundaries of Electoral Provinces for the Legislative Council, and for other purposes. [Uth October, 1950.] E it enacted by the King's Most Excellent Majesty by B and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :— Short title 1. (1) This Act may be cited as the Legislative Council construction and citation. Reform Act 1950 and shall be read and construed as one Nog. 3000, 4278, 4305, with The Constitution Act Amendment Act 1928 (hereinafter 4334,4350, 4307, 4409, called the Principal Act) and any Act amending the same 4408, 4533, 45(53, 4584, all of which Acts and this Act may be cited together as 4091,4718, 4849, 4890, The Constitution Act Amendment Acts. 5014,5028, 5052, 5185, 5211, 5252, (2) This Act is divided into Parts as follows:— 5285, 5290, 5309, 53491, Part I.—Qualifications and Elections for Legislative 5380. Division Council. into Parts. Part 30 1950. Legislative Council Reform. No. 5465 Part II.—Ke-dennition of Boundaries of Electoral Provinces for Legislative Council. »«.«-.«*. (3) (a) Part I. of this Act shall come into-operation on the appointed day within the meaning of section niteen of this Act. (b) The remainder of this Act shall come into operation on the passing thereof. PART I—QUALIFICATIONS AND ELECTIONS FOR LEGISLATIVE COUNCIL. Now sections 2 For sections fifty-three to fifty-nine of the Principal subsituted for No. 3060 as. Act as amended by any Act there shall be substituted 53-59 as amended by the following sections :— Noa. 4533 a. 5, 4563 a. 2. " 53. Any natural-born subject of His Majesty, or Adult qualification any alien naturalized by law for the space of five for members of Council. years and resident in Victoria for the space of two years, Comp. The Constitution Act who is of the full age of twenty-one years, shall be s. XI., No. 3060 as. 139, qualified to be elected a member of the Council : 140. Provided that no person shall be capable of being elected or continuing to be a member of the Council who— (a) is a judge of any court of Victoria ; (b) is a minister of any religious denomination whatever maybe his rank title or designation; (c) has been convicted of treason or any felony or infamous crime in any part of His Majesty's dominions ; or (d) is an uncertificated bankrupt or insolvent. Avoidance of 54. (1) If any person who is not qualified to be or not election of unqualified capable of being elected a member of the Council is person. elected and returned as a member of the Council such Comp. The Constitution Act a. XXVI., election and return may be declared by the Council No. 3660 s. 59. or by the committee of elections and qualifications thereof to be void, and thereupon the same shall become void to all intents and purposes. (2) If any person so elected and returned contrary to the provisions of this Part sits or votes in the Council, lie shall be liable to a penalty of Two hundred pounds to be recovered by any person who sues for same in any court of competent jurisdiction." 3. For 1950. Legislative Council Reform. No. 5465 31 n H 3. For sections sixty-two to sixty-nine of the Principal ^tf^J° f 8 C Act as amended by any Act there shall be substituted the NO 3OOO B8.° . J J 02-09 as following sections :— imen^clbyo © Nos. 4350 s. 3 4533 s. 7, 5 G 3 8 2, "62. Subject to the disqualifications hereinafter * d u lt - mentioned every person of the full age of twenty-one ^rage^r years who— council. Comp. (a) is a natural-born or naturalized subject of His Majesty ; and (b) has resided in Australia for at least six months continuously and in Victoria for at least three months and in any subdivision for at least one month immediately preceding the date of such person's claim for enrolment as an elector for the Assembly— shall (subject to this Act) be entitled in respect of residence in such subdivision— to be enrolled as an elector for the Council on the roll for the subdivision in which such person resides and for no other subdivision; and when enrolled and so long as such person continues to reside in the subdivision, to vote at any election for the Council for the province : Provided that— (i) an elector who has changed his residence to another place within the same subdivision or to another subdivision of the same province shall not be deemed by reason only of such change of residence to be dispossessed of the qualification in respect of which he is enrolled; and (ii) an elector who within three months before any election has changed his residence to another province may vote at that election for the province for which his name appears on the roll prepared for the purposes of that election. 63. No 32 1950. Legislative Council Reform. No. 5405 Disqualifica­ 63. No person who is of unsound mind and no tions. Comp. No. 3660 person convicted of treason or who has been convicted a. 146. and is under sentence for any offence punishable under the law of Victoria or any other part of the King's Dominions by imprisonment for one year or longer and no person who is receiving relief as an inmate of any charitable institution (other than a hospital) who is certified as of unsound mind by the Government Medical Officer shall be entitled to have his name placed on or retained on any roll of electors for the Council or to vote at any election for the Council." New sections substituted for 4. (1) For sections seventy to one hundred and No. 3660 as. 70-135 aB thirty-five of the Principal Act as amended by any Act amended by Nos. 4350 and any heading above any of the said sections there 88. 3, 7, 8, 4563 88. 2, 3, shall be substituted the following heading and sections :— 4574 8.3, 4629 8.4,4091 8.2. a DIVISION 7.—ELECTORAL REGISTRARS AND ROLLS. Electoral registrars. 70. The electoral registrar for each subdivision of See No. 3660 a district shall also be the electoral registrar for the s. 162. corresponding subdivision of a province. Rolls for provinces and 71. (1) There shall be a roll for each province. subdivisions, Comp. No. 3660 s. (2) There shall be a separate roll for each 153. subdivision of a province, which roll shall be the roll for the time being in force for the corresponding subdivision of an electoral district. (3) The rolls for all the subdivisions of a province shall together form the roll for the province. Supplemental (4) Supplemental rolls setting out additions since rolls. Comp. No. 3660 the latest print of the rolls shall be prepared and s. 150 (2). printed immediately before any election for the Council. Rolls for purposes of 72. (1) Every divisional returning officer after Council •elections. the issue of the writ and before the day of Jb. s. 175. nomination for any election for the Council for any province 1950. Legislative Council Reform. No. 5465 province situate in whole or in part within the Commonwealth electoral division for which he acts as divisional returning officer, shall— (a) certify sign and transmit to the State returning officer for the province a printed copy (marked as hereinafter provided) of the roll last printed for each subdivision thereof situate within such Commonwealth electoral division; (b) alter such copy so that (except as to any additional names contained in the supplemental roll hereinafter provided for) such copy will correspond with the roll as in force at six o'clock in the afternoon on the day of the issue of the writ for any election for the Council; (c) prepare certify sign and transmit to the said State returning officer a printed copy of a supplemental roll containing the names of all persons whose names pursuant to claims for enrolment or transfer received at any time up to six o'clock in the afternoon on the day of issue of the writ have been added to the roll last printed. (2) Every such supplemental roll— (a) shall be in the prescribed form ; (b) shall have the names thereon arranged in alphabetical order of the surnames, with a number prefixed to each name beginning at the first name with the number next in arithmetical progression after the last number on the roll last printed and continuing in like progression to the last name on the supplemental roll. (3) For the purposes only of such election for the Council the copy of such roll last printed and altered if necessary as hereinbefore provided together with the copy of such supplemental roll (if any) transmitted to the returning officer shall b^, the electoral roll for the subdivision. (4) Every 34 1950. Legislative Council Reform. No. 5465 (4) Every electoral registrar shall comply with any direction of any such divisional returning officer given to enable such divisional returning officer to comply with the requirements of this section. Extension and 73. Subject to and so far as necessary for tpplication of No. 3060 Part the purposes of this Division, the provisions of IV.