South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Electronic Documents and Other Matters)
Amendment Bill 2021
A BILL FOR
An Act to amend the
Electoral
Act 1985
.
Contents
Part 2—Amendment of Electoral
Act 1985
4Amendment of section
4—Interpretation
5Amendment of section 8—Powers and
functions of Electoral Commissioner
6Amendment of section 15—Electoral
subdivisions
7Amendment of section 18—Polling
places
9Amendment of section 26—Inspection and
provision of rolls
10Amendment of section 31A—Itinerant
persons
11Amendment of section 41—Publication of
notice of application
12Amendment of section 48—Contents of
writ
13Amendment of section 49—Deferral of
election
14Amendment of section 53—Nomination of
candidates endorsed by political party
15Amendment of section 53A—Nomination of
candidate by a person
16Amendment of section 54—Declaration of
nominations
17Amendment of section 58—Grouping of
candidates in Legislative Council election
18Amendment of section 60A—Voting
tickets
19Amendment of section 62—Printing of
descriptive information on ballot papers
20Amendment of section 65—Properly staffed
polling booths to be provided
21Amendment of section 66—Preparation of
certain electoral material
22Amendment of section 71—Manner of
voting
23Amendment of section 72—Questions to be
put to person claiming to vote
24Amendment of section 73—Issue of voting
papers
25Amendment of section 74—Issue of
declaration voting papers by post or other means
26Amendment of section 77—Times and places
for polling
28Amendment of heading to Part 9 Division
5A
29Amendment of section 84A—Assisted voting
for prescribed electors
30Amendment of section 84B—Applying
provisions of Act to elector using assisted voting
32Amendment of section 85—Compulsory
voting
33Amendment of section
89—Scrutiny
34Amendment of section 91—Preliminary
scrutiny
35Amendment of section 112A—Special
provision relating to how-to-vote cards
36Amendment of section 113—Misleading
advertising
37Amendment of section
116A—Evidence
38Amendment of section 125—Prohibition of
canvassing near polling booths
129AFalse or
misleading information
40Amendment of section
132—Injunctions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Electronic Documents and Other
Matters) Amendment Act 2021.
This Act comes into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electoral
Act 1985
4—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of how-to-vote
card—delete "a card," and substitute:
written information
(2) Section 4(1), definition of remote
subdivision—delete the definition
5—Amendment
of section 8—Powers and functions of Electoral
Commissioner
Section 8(1a)—delete subsection (1a)
6—Amendment
of section 15—Electoral subdivisions
Section 15(3)—delete subsection (3)
7—Amendment
of section 18—Polling places
Section 18(4)—delete "by advertisement in a newspaper circulating
generally throughout the State" and substitute:
on a website determined by the Electoral Commissioner and in any other
manner prescribed by the regulations
Section 25—delete the section
9—Amendment
of section 26—Inspection and provision of rolls
Section 26(1)—delete "(whether in printed or electronic form) of the
latest prints"
10—Amendment
of section 31A—Itinerant persons
(1) Section 31A(9)(b)—delete paragraph (b)
(2) Section 31A(10)(b)—delete paragraph (b)
(3) Section 31A(10)(c)(iii)—delete subparagraph (iii)
11—Amendment
of section 41—Publication of notice of application
Section 41(1)—delete "in the Gazette and in a newspaper circulating
generally in the State." and substitute:
—
(a) in the Gazette; and
(b) on a website determined by the Electoral Commissioner; and
(c) in any other manner prescribed by the regulations.
12—Amendment
of section 48—Contents of writ
(1) Section 48(3)(a)(i)—delete "6" and substitute:
2
(2) Section 48(7)(a)—delete "in a newspaper circulating throughout
the State" and substitute:
on a website determined by the Electoral Commissioner and in any other
manner prescribed by the regulations
13—Amendment
of section 49—Deferral of election
Section 49(1)—delete "in a newspaper circulating generally throughout
the State" and substitute:
on a website determined by the Electoral Commissioner and in any other
manner prescribed by the regulations
14—Amendment
of section 53—Nomination of candidates endorsed by political
party
(1) Section 53(1)—delete subsection (1) and substitute:
(1) The registered officer of a registered political party may, after the
issue of the writ for the election, nominate a candidate or candidates endorsed
by the party for election as a member or members of the House of Assembly or the
Legislative Council.
(2) Section 53(2)—delete subsection (2)
(3) Section 53(3)—delete "paper must be in a form approved by the
Electoral Commissioner and" and substitute:
made by a registered officer under this section must
(4) Section 53(3)(a)—delete paragraph (a) and substitute:
(a) be made in a manner and form determined by, and in accordance with any
requirements of, the Electoral Commissioner; and
(ab) be made at least 48 hours before the hour of nomination;
and
(ac) be accompanied by a deposit of the prescribed amount to be paid in
the manner determined by the Electoral Commissioner in respect of each candidate
nominated; and
(5) Section 53(3)(b)—delete ", signed by each candidate, that he or
she" and substitute:
made by the candidate in the prescribed manner, that the
candidate
(6) Section 53(4)—delete subsection (4) and substitute:
(4) If the Electoral Commissioner receives a nomination under this
section, the Electoral Commissioner must, as soon as is practicable (and in any
event at least 24 hours before the hour of nomination), provide a copy of
the nomination to the returning officer in respect of each district for which a
candidate has been nominated.
(7) Section 53(5)—delete "in writing lodged with the appropriate
district returning officer" and substitute:
to the Electoral Commissioner in a manner and form determined by the
Electoral Commissioner
(8) Section 53(6)—delete "returning officer must immediately inform"
and substitute:
Electoral Commissioner must immediately inform the appropriate district
returning officer and
(9) Section 53(7)—delete "some other person as the candidate
endorsed by the party for the district by lodging with the appropriate district
returning officer before the hour of nomination a duly completed nomination
paper" and substitute:
, before the hour of nomination and in accordance with the requirements of
subsection (3), some other person as the candidate endorsed by the party
for the district
15—Amendment
of section 53A—Nomination of candidate by a person
(1) Section 53A(1)—delete "on a nomination paper"
(2) Section 53A(2)—delete subsection (2)
(3) Section 53A(3)—delete "paper must be in a form approved by the
Electoral Commissioner and—" and substitute:
made by a person under this section must—
(a1) be made to the appropriate district returning officer before the hour
of nomination; and
(a2) be made in a manner and form determined by, and in accordance with
any requirements of, the Electoral Commissioner; and
(a3) be accompanied by a deposit of the prescribed amount to be paid in
the manner determined by the Electoral Commissioner; and
(4) Section 53A(3)(a)—delete "signed" and substitute:
endorsed, in a manner determined by the Electoral Commissioner,
(5) Section 53A(3)(b)—delete "signed by the candidate, that he or
she" and substitute:
made by the candidate in the prescribed manner, that the
candidate
(6) Section 53A(3a)(b)—delete "signs a nomination paper" and
substitute:
endorses a nomination
(7) Section 53A(3a)—delete "signature" and substitute:
endorsement
(8) Section 53A(4)—delete "in writing lodged with" and
substitute:
given in a manner and form determined by the Electoral Commissioner
to
(9) Section 53A(4a)—delete "paper lodged under subsection (2)" and
substitute:
made under this section
16—Amendment
of section 54—Declaration of nominations
Section 54(1)(a)—delete "nomination papers" and substitute:
nominations
17—Amendment
of section 58—Grouping of candidates in Legislative Council
election
Section 58(2)(b)—delete "signed" and substitute:
endorsed, in a manner determined by the Electoral Commissioner,
18—Amendment
of section 60A—Voting tickets
(1) Section 60A(2)(a)—delete "written notice of intention to lodge a
voting ticket or voting tickets is given to the Electoral Commissioner or the
returning officer" and substitute:
notice of intention to lodge a voting ticket or voting tickets is given, in
a manner and form determined by the Electoral Commissioner, to the Electoral
Commissioner or the returning officer
(2) Section 60A(2)—after paragraph (b) insert:
and
(c) the voting ticket is lodged in accordance with the requirements of the
Electoral Commissioner.
(3) Section 60A(3)(b)—delete " in writing" and substitute:
, in a manner and form determined by the Electoral Commissioner,
19—Amendment
of section 62—Printing of descriptive information on ballot
papers
(1) Section 62(1a)(b)—delete "appropriate written authorisation" and
substitute:
authorisation, in a manner and form determined by the Electoral
Commissioner,
(2) Section 62(2)(b)—delete "signed" and substitute:
endorsed, in a manner determined by the Electoral Commissioner,
(3) Section 62(2)(ba)—delete "appropriate written authorisation
signed by the candidate" and substitute:
authorisation given by the candidate under
subsection (1a)(b)
(4) Section 62(2)(c)(i)—delete "signed" and substitute:
endorsed
(5) Section 62(2)(d)—delete "appropriate written authorisation
signed by all of the members of the group" and substitute:
authorisation given by all of the members of the group in a manner and form
determined by the Electoral Commissioner
(6) Section 62(3)(b)—delete "signed" and substitute:
endorsed
20—Amendment
of section 65—Properly staffed polling booths to be
provided
(1) Section 65(1)—delete "returning officer for the district" and
substitute:
Electoral Commissioner
(2) Section 65(1)(a)—delete "within" and substitute:
for
21—Amendment
of section 66—Preparation of certain electoral
material
(1) Section 66(2)(c)—delete paragraph (c) and substitute:
(c) must be submitted in a manner determined by, and in accordance with
the requirements of, the Electoral Commissioner; and
(2) Section 66(2)(f)—delete "(in the form determined by the
Electoral Commissioner) that is signed" and substitute:
(made in a manner and form determined by the Electoral
Commissioner)
22—Amendment
of section 71—Manner of voting
(1) Section 71(1)—after paragraph (a) insert:
(ab) by attending at a pre-polling booth and voting in the manner
prescribed by this Act; or
(2) Section 71(2)(a)—delete "on polling day at a polling booth
outside the district for which he or she is enrolled as an elector" and
substitute:
at a polling booth other than 1 established in respect of the district
for which the elector is enrolled
(3) Section 71(2)(b)(i)—delete "8" and substitute:
20
(4) Section 71(2)(c)—delete paragraph (c)
23—Amendment
of section 72—Questions to be put to person claiming to
vote
Section 72(1)(a)—delete "and the address of the principal place of
residence"
24—Amendment
of section 73—Issue of voting papers
(1) Section 73(2)—delete "written"
(2) Section 73(2)—after "which" insert:
must be made in accordance with the requirements prescribed by the
regulations
(3) Section 73(2)(a) and (b)—delete paragraphs (a) and (b)
25—Amendment
of section 74—Issue of declaration voting papers by post or other
means
(1) Section 74(1)(b)—delete paragraph (b) and substitute:
(b) to an elector who applies for the issue of declaration voting papers
in the prescribed manner and within the designated time.
(2) Section 74(2)—delete subsection (2) and substitute:
(2) An officer who receives an application before the designated time must
ensure that they respond to the applicant as soon as practicable after receipt
of the application (and in any event no later than 24 hours after that
receipt).
(3) Section 74(3)(c)(ii)—delete "mobile polling booth" and
substitute:
pre-polling booth
(4) Section 74(3a)—delete "sign the elector's own name" and
substitute:
make the application in the prescribed manner
(5) Section 74—after subsection (7) insert:
(8) In this section—
designated time means—
(a) in the case of an applicant who applies for the issue of declaration
voting papers to an address within the State—5 pm on the Tuesday
immediately preceding polling day; and
(b) in any other case—5 pm on the Friday falling 8 days
before polling day.
26—Amendment
of section 77—Times and places for polling
(1) Section 77(1)(b)—delete paragraph (b) and substitute:
(b) at such other places as may be determined by the Electoral
Commissioner—in a pre-polling booth.
(2) Section 77(2)(b)—delete "mobile polling booth in a remote
subdivision" and substitute:
pre-polling booth
(3) Section 77(3)—delete subsection (3) and substitute:
(3) The Electoral Commissioner must, on a website determined by the
Electoral Commissioner and in any other manner prescribed by the regulations,
advise the times and places for polling at a pre-polling booth.
(4) Section 77(3a)—delete "mobile polling booth" and
substitute:
pre-polling booth
(5) Section 77(3a)(a)(i)—delete "in a newspaper circulating
generally throughout the State" and substitute:
on a website determined by the Electoral Commissioner and in any other
manner prescribed by the regulations
(6) Section 77(3a)(a)(ii)—delete subparagraph (ii) and
substitute:
(ii) if the Electoral Commissioner considers it appropriate to do so in
the circumstances—by the Electoral Commissioner taking such steps as are
reasonably practicable to notify relevant electors of the alteration;
or
(7) Section 77(3a)(b)—delete "electors in the particular
subdivision" and substitute:
relevant electors
(8) Section 77(3b)—delete "mobile polling booth" and
substitute:
pre-polling booth
Section 83—delete the section
28—Amendment
of heading to Part 9 Division 5A
Heading to Part 9 Division 5A—delete the heading and
substitute:
Division 5A—Assisted voting for prescribed
electors
29—Amendment
of section 84A—Assisted voting for prescribed
electors
(1) Section 84A(1)—delete "sight-impaired" and substitute:
prescribed
(2) Section 84A(1)—delete "electronically"
(3) Section 84A(2)(a)—delete paragraph (a) and substitute:
(a) determine, or provide for the determination of, 1 or more
assisted voting methods and, in relation to each such method, determine, or
provide for the determination of, the following:
(i) matters related to voting using the assisted voting method, including
the provision of assistance to electors using the method, requirements to be
followed after an elector has used the method and matters of privacy and
secrecy;
(ii) the number of places where the assisted voting method is to be
available, the location of those places (if relevant) and the days and times at
which the method is to be available;
(iii) which electors may use the assisted voting method; and
(4) Section 84A(2)(b), (e) and (f)—delete "the electronically"
wherever occurring and substitute in each case:
an
(5) Section 84A(2)(g)—delete "electronically"
(6) Section 84A(4)—before the definition of sight-impaired
elector insert:
prescribed elector means a sight-impaired elector or an
elector of a class prescribed by the regulations for the purposes of this
definition;
30—Amendment
of section 84B—Applying provisions of Act to elector using assisted
voting
(1) Section 84B(1)—delete "The prescribed electronically" and
substitute:
An
(2) Section 84B(2)—delete "using the electronically assisted" and
substitute:
using an assisted
(3) Section 84B(2)—delete "(an electronically assisted
vote)" and substitute:
(an assisted vote)
(4) Section 84B(2)(a)—delete "an electronically" and
substitute:
the
(5) Section 84B(2)(b)—delete "electronically"
31—Amendment
of section 84C—Electoral Commissioner may determine that assisted voting
is not to be used
Section 84C(1)—delete "the prescribed electronically" and
substitute:
an
32—Amendment
of section 85—Compulsory voting
(1) Section 85(8)—after paragraph (c) insert:
(ca) the elector is an itinerant elector; or
(2) Section 85—after subsection (10) insert:
(11) In this section—
itinerant elector means—
(a) a person enrolled as an elector under section 31A; or
(b) an itinerant elector within the meaning of the Commonwealth
Electoral Act 1918.
33—Amendment
of section 89—Scrutiny
(1) Section 89(2)—delete subsection (2) and substitute:
(2) The scrutiny must commence—
(a) in relation to votes taken at a polling booth at an appointed polling
place—as soon as practicable after the close of poll; and
(b) in relation to ordinary votes taken at a pre-polling booth before
polling day—at such times and in such manner before the close of poll as
determined by the Electoral Commissioner,
and may be adjourned from time to time as may be necessary until the
counting of the votes is complete.
(2) Section 89—after subsection (3) insert:
(4) Any scrutiny undertaken before the close of poll must be undertaken in
accordance with this Act and the requirements prescribed by the
regulations.
34—Amendment
of section 91—Preliminary scrutiny
Section 91(1)(b)(i)(A)—delete subsubparagraph (A) and
substitute:
(A) of the identity of the elector (which must be verified in a manner
prescribed by the regulations); and
35—Amendment
of section 112A—Special provision relating to how-to-vote
cards
Section 112A—after subsection (7) insert:
(7a) Subsection (1)(a) and (b) do not apply to a how-to-vote card
published as part of other material if that material is an electoral
advertisement authorised in accordance with section 112.
36—Amendment
of section 113—Misleading advertising
Section 113(4) and (5)—delete subsections (4) and (5) and
substitute:
(4) If, on
application, the Tribunal is satisfied that an electoral advertisement contains
a statement purporting to be a statement of fact that is inaccurate and
misleading to a material extent, the Tribunal may order the advertiser to do
1 or more of the following:
(a) withdraw the advertisement from further publication;
(b) publish a retraction in specified terms and a specified manner and
form.
(5) For the purposes of the
South
Australian Civil and Administrative Tribunal Act 2013
—
(a) an application to the Tribunal under
subsection (4)
—
(i) will be taken to come within the Tribunal's original jurisdiction;
and
(ii) must be referred to a Presidential member or senior member of the
Tribunal, or a magistrate designated as a member of the Tribunal; and
(b) an order of the Tribunal under
subsection (4)
may not be the subject of an application for internal review under
section 70 of that Act, but, despite section 71(2a) of the
South
Australian Civil and Administrative Tribunal Act 2013
, an appeal against the order may be instituted under section 71 of
that Act.
37—Amendment
of section 116A—Evidence
Section 116A(d)—delete paragraph (d)
38—Amendment
of section 125—Prohibition of canvassing near polling
booths
Section 125(3)(a)—delete paragraph (a)
After section 129 insert:
129A—False or misleading
information
A person must not, in giving any information under this
Act—
(a) make a statement knowing it to be false or misleading; or
(b) omit any matter from a statement knowing that without that matter the
statement is false or misleading.
Maximum penalty: $1 250.
40—Amendment
of section 132—Injunctions
Section 132(2)—delete subsection (2)