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Acts of Parliament about voting and becoming a Member of Parliament


Assent copy of the Act which included the secret ballot legislation, VPRS 14106/P1 unit 6

The 1855 Constitution gave the Parliament of Victoria the right to change the Electoral Act. Over time there have been many changes. These are the changes people consider to be the most important ones. These changes are about the right to vote and who can be a candidate in an election.

For each date you will see:

  • the official title of the act
  • the title by which this act is to be known if this is different to its official title (this was sometimes done as the titles of some acts were very long)
  • a short statement saying what was the main purpose of the act (the main clauses)
  • a scanned copy of those clauses in the act that state the main purpose in legal language.

25 March 1854

An Act to extend the Elective Franchise

This act allowed many males who were 21 years of age or older, and who owned or rented very large areas of land, or had a licence to mine Crown waste lands for twelve or more months to vote in elections for the Legislative Council. Already men who owned large areas of farming or grazing land or city property worth over five thousand pounds, or were members of the professions, could vote.

The main clauses of the act were:

  • Men who were 21 years of age or older could also vote in elections for the Legislative Council if they were born in Australia, or naturalised citizens, and occupied or rented or mined waste (Crown) lands.
  • Men who had committed a serious crime such as treason could not vote.

To view the main clause if this act, click here.

27 August 1857

An Act to Abolish the Property Qualification required by Members of the Legislative Assembly

This act abolished the need for members of the Legislative Assembly to own property.

The main clause of the act was:

  • Any person 21 years of age or older who was a British subject (including people born in Victoria), or who had been naturalised in the past five years and lived in Victoria for at least two of those years, could be elected to the Legislative Assembly.

To view the main clauses of this act, click here.

24 November 1857

An Act to extend the right of Voting and to provide for the registration of Parliamentary Electors

All men, including indigenous men, over the age of 21 years were now allowed to vote for the Legislative Assembly (known as universal manhood suffrage). The right to vote for the Legislative Council was also made available to more males. Electoral rolls were established.

The main clauses of the act were:

  • All males over the age of 21who had lived in Victoria for 12 or more months could become a citizen and vote for the Legislative Assembly in the electorate where they lived.
  • People who owned land (freeholders) could also vote in an electorate where they owned land. This was called plural voting.
  • Males who owned land worth fifty pounds or more could vote for the Assembly in electorates where they owned land.
  • Males who owned land worth one thousand pounds could vote in the Legislative Council elections.
  • Males who leased land and paid one hundred pounds or more in rent could also vote for the Council.
  • University graduates, barristers, solicitors, medical practitioners, ministers of religion, registered teachers, and members of the armed services could also vote in the Council elections.

To view the main clauses from this act, click here.

29 September 1868

An Act to alter the Qualifications of Members and Electors of the Legislative Council

This act was known as the Legislative Council Amendment Act 1868.

To be a member of the Legislative Council and to vote in the elections for the Council a person had to own property worth a set amount. This amount was reduced by this act.

The main clauses of the act were:

  • To be member of the Council you had to be at least 30 years of age, a British subject and own property worth at least 2,500 pounds.
  • Judges and ministers of religion could not be a member of the Council.
  • British subjects (or persons naturalised at least three years ago), 21 years of age and older could vote in Council elections if they owned land and paid local government rates of fifty pounds or more.
  • Males who leased this land could also vote.

To view the main clauses of this act, click here.

1870

An Act to provide for reimbursing Members of the Legislative Council and of the Legislative Assembly their expenses in relation to their attendance in Parliament

This act allowed Members of Parliament to be paid. Until this time all Members of Parliament other than Ministers and Presiding Officers (Speaker) had to pay their own expenses. Only the wealthy could afford to do this. The act was extended after it expired in 1878 till the end of the term for that parliament.

The main clauses of this act were:

  • Every Member of Parliament would receive money to meet his expenses as a Member of Parliament. Three hundred pounds per year was provided for each person.

To view the main clauses of this act, click here.

28 November 1881

An Act for the Reform of the Constitution

This act was known as the Legislative Council Act 1881.

This act allowed men who were aged at least 30 years and who paid rates of one hundred pounds or more per year to stand as a candidate for the Legislative Council, provided they were born in Australia or had been naturalised and lived in Victoria since that time. You could vote in Legislative Council elections if you were 21 years of age and paid an annual rate of ten pounds or more.

The main clauses of this act were:

  • Males of thirty years of more could stand as a candidate for the Legislative Council if they were born in Australia or had been naturalised and lived here for at least ten years and paid annual rates of at least one hundred pounds.
  • The rates were those paid to a local council.
  • Men who were 21years of age or more and paid rates of ten pounds or more could vote for Legislative Council elections.

To view the main clauses of this act, click here.

1 December 1908

An act to provide for Adult Suffrage

This act was known as the Adult Suffrage Act 1908.

This act gave women over 21 years of age the vote.

The main clauses of the act were:

  • In electoral acts the word 'male' was removed and replaced with the word 'persons' to include both men and women.
  • Married women as well as single women would be allowed to vote.

To view the main clauses from this act, click here.

14 December 1922

An Act to provide for the Reimbursement of Expenses of Members of the Legislative Council

This act was known as the Constitution Act Amendment Act 1922.

This act was a further step towards payment of members of the Legislative Council. The previous act, passed in 1878, only continued for members of the Legislative Assembly. This act re-introduced payment for members of the Council, rejected by them in 1878 during the constitutional crisis surrounding the Berry Government.

The main clause of the act was:

  • Members of the Legislative Council could claim up to 200 pounds to meet their expenses as a Member of Parliament.

To view the main clause of this act, click here.

22 December 1923 (Proclaimed 12 May 1924)

An Act to enable Women to become Candidates at Parliamentary Elections

This act was known as the Parliamentary Elections (Women Candidates) Act 1923.

This act allowed women to stand as candidates for the Council and Assembly.

The main clause of the act was:

  • Gender (sex) and marriage should not prevent a person from standing as a candidate for the Council or Assembly or taking their place as a Member of Parliament.

To view the main clause of this act, click here.

1938

An Act to make provision with respect to the Relations between the two Houses of Parliament, and for other purposes

This act was known as the Constitution Act Amendment Act 1938.

The act allowed persons aged 21 years and older to stand as a candidate for the Legislative Council and also eased the property qualifications required. Plural voting (voting in more than one province) was also abolished in the Council.

The main clause of the act was:

  • Persons aged 21could be a candidate. Previously a candidate had to be 30 years of age or more.

To view the main clause of this act, click here.

11 October 1950

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 for the Legislative Council, and for other purposes

This act was known as the Legislative Council Reform Act 1950.

This act gave all adults over 21 years the right to vote for Legislative Council elections. Membership qualifications for the Legislative Council were also abolished. Every adult could now vote and stand as a candidate for the Council. It was no longer necessary to own or lease (rent) land to vote, or be a candidate for, the Legislative Council.

The main clauses of the act were:

  • All persons who were born in Victoria or became an Australian citizen in the last five years, and who lived in Victoria for at least two years, and who were 21years of age or over could stand for election to the Legislative Council.
  • The only people who could not stand as a candidate were court judges, ministers of religion, people who were bankrupt or guilty of a major crime.
  • You could now vote for the Legislative Council if you were 21 years old and you were born in the British Commonwealth or were naturalised and had lived in Victoria for at least three months.

To view the main clauses of the act, click here.

1973

An Act to amend the Constitution Act Amendment Act 1958 to reduce the Qualifying Age for Members of the Legislative Council and members of the Legislative Assembly to Eighteen years, to reduce the Voting Age to Eighteen Years, to provide for the Appointment of Assistant Postal Voting Officers, to repeal Section XI of the Constitution Act, and for other purposes

The act was known as the Constitution Act Amendment (Qualifications) Act 1973.

This act lowered the voting age from 21 to 18 years and allowed persons who were 18 years of age or older to stand as candidates in elections for the Council and Assembly.

The main clause of the act was:

  • All citizens aged 18, and above were now allowed to vote in elections for the Council and the Assembly.

To view the main clause of the act, click here.


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