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CITY OF MELBOURNE (ELECTORAL) AND LOCAL GOVERNMENT (ELECTORAL) AMENDMENT REGULATIONS 2020 (SR NO 92 OF 2020) - REG 37

New Part 5 inserted

After Part 4 of the Principal Regulations insert

" Part 5—COVID-19 provisions

        49     Purpose of Part

The purpose of this Part is to make amendments to vary the operation of certain provisions of these Regulations for a specific period in response to the COVID-19 pandemic.

        50     Definition

In this Part—

"prescribed period" means the period commencing on the commencement of the City of Melbourne (Electoral) and Local Government (Electoral) Amendment Regulations 2020 and ending on 26 April 2021.

        51     Candidate nomination

    (1)     In the case of an election for Lord Mayor and Deputy Lord Mayor held during the prescribed period, despite regulation 20(4), a declaration under regulation 20(3) may be signed without the presence of the election manager if, in the opinion of the election manager, it is unreasonable to require the candidate to sign the declaration in the election manager's presence because the candidate is unable to attend under any directions made under section 200 of the Public Health and Wellbeing Act 2008 to address the serious public health risk posed by Novel coronavirus 2019 (2019-nCoV).

    (2)     If subregulation (1) applies, the election manager may require—

        (a)     evidence of the candidate's identity, including the full name, address, signature and a photograph of the candidate, to be submitted with the notice of candidature; and

        (b)     if the notice of candidature is lodged by a person on behalf of the candidate, the written authorisation of the candidate for the person to lodge the notice of candidature on the candidate's behalf.

    (3)     In the case of an election for Lord Mayor and Deputy Lord Mayor held during the prescribed period, the VEC may determine that either or both a notice of candidature and nomination fee may be submitted to the election manager by electronic means, if the VEC reasonably believes it is necessary to make the determination to address the serious public health risk posed by Novel coronavirus 2019 (2019-nCoV).

    (4)     Subregulation (3) applies despite anything to the contrary in these Regulations.

    (5)     The VEC must not make a determination under subregulation (3) less than 40 days before the election day.

    (6)     If the VEC makes a determination under subregulation (3), the VEC must publish notice of the determination in the Government Gazette and on the VEC's Internet site specifying both or either of the following, as the case requires—

        (a)     the means by which the notice of candidature may be submitted;

        (b)     the means by which the nomination fee may be paid.".



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