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This is a Bill, not an Act. For current law, see the Acts databases.


ELECTORAL (PRISONER VOTING) AMENDMENT BILL 2018

South Australia

Electoral (Prisoner Voting) Amendment Bill 2018

A BILL FOR

An Act to amend the Electoral Act 1985


.


Contents

Part 1—Preliminary


1Short title


2Commencement


3Amendment provisions


Part 2—Amendment of Electoral Act 1985


4Insertion of section 27B


27BProvision of information to Commonwealth Electoral Commissioner


5Amendment of section 68—Certified list of electors


6Amendment of section 69—Entitlement to vote



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Electoral (Prisoner Voting) Amendment Act 2018.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

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—Insertion of section 27B

After section 27A insert:

27B—Provision of information to Commonwealth Electoral Commissioner

The Electoral Commissioner may provide to the Electoral Commissioner under the Commonwealth Act any information in the Electoral Commissioner's possession related to the preparation, alteration or revision of the electoral roll.

5—Amendment of section 68—Certified list of electors

(1) Section 68(1)—delete "the electors enrolled for" and substitute:

electors in relation to

(2) Section 68—after subsection (1) insert:

(1a) A list of electors under subsection (1) must include the names of all electors enrolled in relation to the district but must not include the names of persons who are not entitled to vote at the election under section 69(3).

6—Amendment of section 69—Entitlement to vote

(1) Section 69(2)—after subsection (2) insert:

(3) A person who is, as at the close of the rolls for an election, a designated person is not entitled to vote at the election.

(2) Section 69—after subsection (4) insert:

(5) For the purposes of this section—

(a) a person is a designated person if—

(i) the person is in custody serving 1 or more sentences of imprisonment or detention for 1 or more offences against a law of this State, the Commonwealth or another State or Territory; and

(ii) the total period of imprisonment or detention liable to be served is 3 years or more; and

(b) a reference to a person in custody serving 1 or more sentences of imprisonment or detention includes—

(i) a prisoner within the meaning of the Correctional Services Act 1982


; and

(ii) a prisoner on home detention under the Correctional Services Act 1982


or Part 3, Division 7, Subdivision 1 of the Sentencing Act 2017


; and

(iii) a person who is detained in a training centre within the meaning of the Young Offenders Act 1993


; and

(iv) a person who is subject to detention of a kind that is—

(A) imposed by or under an Act or law; and

(B) prescribed by the regulations for the purposes of this subsection,

but does not include a person detained under an order under Part 8A of the Criminal Law Consolidation Act 1935


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