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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Local Government (Elections) (Miscellaneous) Amendment
Bill 2009
A BILL FOR
An Act to amend the Local Government (Elections) Act 1999 and
to make related amendments to the City of Adelaide
Act 1998.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Local Government (Elections)
Act 1999
4 Amendment of section
4—Preliminary
5 Amendment of section 7—Failure of election in
certain cases
6 Insertion of section 13A
13A Information,
education and publicity for general election
7 Amendment of section
14—Qualifications for enrolment
8 Amendment of section 15—The
voters roll
9 Amendment of section 16—Entitlement to
vote
10 Amendment of section 17—Entitlement to stand for
election
11 Insertion of section 19A
19A Publication of
candidate statements etc
12 Amendment of section 28—Publication
of misleading material
13 Amendment of section 29—Ballot
papers
14 Amendment of section 39—Issue of postal voting
papers
15 Amendment of section 47—Arranging postal
papers
16 Amendment of section 80—Returns for
candidates
17 Amendment of section 81—Campaign donation
returns
18 Amendment of section 87—Public inspection of
returns
19 Amendment of section 89—Requirement to keep proper
records
20 Insertion of section 91A
91A Conduct of council
during election period
Schedule 1—Related amendments and transitional
provisions
Part 1—Amendment of City of Adelaide
Act 1998
1 Amendment of section 18—Access to
information
2 Amendment of section 37A—Rundle Mall
3 Amendment of
Schedule 1—Special provisions for elections and polls
Part 2—Transitional provisions
4 Section 12
of the Local Government Act 1999
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Local Government (Elections)
(Miscellaneous) Amendment Act 2009.
This Act will come 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 Local Government (Elections)
Act 1999
4—Amendment of
section 4—Preliminary
Section 4(1)—after the definition of the Court
insert:
designated person, in respect of a body corporate or group
entitled to be enrolled on the voters roll for an area or ward, means a natural
person, of or above the age of majority, who is—
(a) in the case of a body corporate—an officer of the body corporate
who is authorised to act on behalf of the body corporate for the purposes of
voting; or
(b) in the case of a group—a member of the group, or an officer of a
body corporate that is a member of the group, who is authorised to act on behalf
of the group for the purposes of voting;
5—Amendment of
section 7—Failure of election in certain cases
Section 7(1), (2) and (2a)—delete subsections (1), (2) and
(2a)
After section 13 insert:
13A—Information, education and publicity for
general election
(1) The returning officer may, after consultation with the LGA conducted
in such manner as the returning officer thinks fit, arrange advertising (the
costs of which are recoverable from councils in accordance with a scheme
determined by the returning officer) for the purposes of—
(a) educating the public about the role and functions of local government
and elected members; and
(b) informing electors on access to information relating to candidates;
and
(c) encouraging voting at elections; and
(d) informing electors about postal voting and the method of voting;
and
(e) advising potential electors (other than those referred to in
section 14(1)(a)) of the requirement to apply to be enrolled on the voters
roll.
(2) Each council—
(a) must, in a year in which a periodic election is to be held, during the
period commencing on 1 January of that year and ending on the day fixed by
the returning officer for the close of the roll, inform potential electors in
its area (other than those referred to in section 14(1)(a)) of the
requirement to apply to be enrolled on the voters roll; and
(b) may arrange advertising relating to any matters referred to in
subsection (1).
7—Amendment of
section 14—Qualifications for enrolment
(1) Section 14(1)(a)—delete paragraph (a) and
substitute:
(a) a natural person is entitled, without application, to be enrolled on
the voters roll for an area or ward if that person is enrolled as an elector for
the House of Assembly in respect of a place of residence within the area or
ward; and
(ab) a natural person (not being a person referred to in
paragraph (a)), who is of or above the age of majority, is entitled, on
application to the chief executive officer under this section, to be enrolled on
the voters roll for an area or ward if that person—
(i) is resident at a place of residence within the area or ward and has
been so resident for a continuous period of at least 1 month immediately
preceding the date of the application for enrolment; or
(ii) is a ratepayer in respect of rateable property within the area or
ward and is the sole owner of that rateable property; or
(iii) is a ratepayer in respect of rateable property within the area or
ward, is the sole occupier of that rateable property, and is not a resident in
respect of that rateable property; and
(2) Section 14(1)(b)—after "entitled" insert:
, on application to the chief executive officer under this
section,
(3) Section 14(1)(c)—after "entitled" insert:
, on application to the chief executive officer under this
section,
(4) Section 14(1)(c)(iii)—delete "(a) or (b)" and
substitute:
(a), (ab) or (b)
(5) Section 14(1)(c)(iii)—delete "(a)(i) or (ii)" and
substitute:
(a) or (ab)(i)
(6) Section 14—after subsection (1) insert:
(1a) A natural person is entitled, without application, to provisional
enrolment on the voters roll for an area or ward if he or she is provisionally
enrolled as an elector for the House of Assembly in respect of a place of
residence within the area or ward.
(7) Section 14(3)(a)—delete "subsection (1)(a)(ii)" and
substitute:
subsection (1)(ab)(i)
(8) Section 14—after subsection (3) insert:
(3a) Except as otherwise provided in this Act, the name of a person, body
corporate or group must not be added to the voters roll for an area or ward
except in accordance with an application for enrolment.
(3b) An application for enrolment on the voters roll for an area or ward
must—
(a) be in a form approved by the returning officer; and
(b) be signed and witnessed as required by the returning officer;
and
(c) be made to the chief executive officer of the council.
(3c) If an application for enrolment is received by a chief executive
officer, the chief executive officer must enrol the applicant
unless—
(a) the chief executive officer believes the applicant is not entitled to
be enrolled; or
(b) —
(i) in the case of an application made in respect of an entitlement under
subsection (1)(ab)—the natural person is already on the voters roll
by virtue of another entitlement in an area or ward; or
(ii) in the case of an application made in respect of an entitlement under
subsection (1)(b) or (1)(c)—the designated person of the body
corporate or group is already on the voters roll (whether as a designated person
or under another entitlement to vote).
(9) Section 14(4) and (5)—delete subsections (4) and
(5)
(10) Section 14(6)—delete "Subject to the adoption of a name under
subsection (4),"
(11) Section 14(8)—delete "(1)(a)(iv)" and substitute:
(1)(ab)(iii)
(12) Section 14—after subsection (8) insert:
(9) A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information provided under this section.
Maximum penalty: $10 000.
8—Amendment of
section 15—The voters roll
(1) Section 15(2)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) in the case of a natural person—the full name of the person and
the address of the person's place of residence; and
(b) in the case of a body corporate or group—the full name of the
body corporate or group and the full name, residential address and date of birth
of the designated person for the body corporate or group; and
(2) Section 15—after subsection (5) insert:
(5a) Subject to subsection (5b), the voters roll expires on
1 January in each year in which a periodic election is to be held and a
fresh voters roll is to be prepared after 1 January for the purposes of the
election.
• The effect of subsection (5a) is that voters who must apply
under section 14 to be enrolled on the roll are required to lodge fresh
applications for enrolment prior to each periodic election.
(5b) If a casual vacancy occurs before any time on which the voters roll
is to expire under subsection (5a) (the expiry date) but the
supplementary election to be held to fill that vacancy will not take place until
after the expiry date, for the purposes of the supplementary election, the
voters roll is to be taken to continue in existence until the conclusion of the
supplementary election.
(3) Section 15(10)—after "enrolled" insert
(including those provisionally enrolled)
(4) Section 15(15)—delete subsection (15) and
substitute:
(15) At any time between the close of nominations and polling day for an
election, a nominated candidate for the election is entitled to obtain from the
relevant council a copy of the voters roll in printed form for the area (and he
or she may, during that period, obtain further copies of the voters roll in
printed form from the council on payment of the fees fixed by the
council).
9—Amendment of
section 16—Entitlement to vote
(1) Section 16(1)—delete "A" and substitute:
Subject to subsection (1a), a
(2) Section 16—after subsection (1) insert:
(1a) A natural person is not entitled to vote at an election
if—
(a) he or she was provisionally enrolled; and
(b) he or she is not, as at polling day, of or above the age of
majority.
(3) Section 16(2), (3) and (4)—delete subsections (2), (3) and
(4) and substitute:
(2) A natural person is entitled to vote at an election or poll for a body
corporate, or group, which has its name on the voters roll if the natural person
is the designated person on the voters roll for the body corporate, or
group.
(4) Section 16(7)—delete "subsection (3)" and
substitute:
subsection (2)
(5) Section 16(8)—delete subsection (8)
(6) Section 16(10)—delete subsection (10) and
substitute:
(10) A natural person may only vote in 1 capacity at an election or
poll (but this clause does not prevent a person voting at 2 or more
elections for a council held on the same day).
10—Amendment of
section 17—Entitlement to stand for election
(1) Section 17(1)(b)—delete "nominee of" wherever occurring and
substitute in each case:
designated person for
(2) Section 17(2)—delete subsection (2)
After section 19 insert:
19A—Publication of candidate statements
etc
(1) A nominated candidate may, within 5 business days after the close
of nominations, provide to the LGA an electoral statement in accordance with any
requirements of the LGA for publication in accordance with this
section.
(2) The LGA must, as soon as is reasonably practicable after the close of
nominations (and in any event within 14 days after the close of
nominations) cause—
(a) each candidate's profile supplied under section 19(2)(b);
and
(b) if an electoral statement is provided by a candidate under
subsection (1)—the statement,
to be published, in accordance with any requirements of the regulations, on
the Internet.
(3) The returning officer must, for the purposes of
subsection (2)(a), forward a copy of the profile of each candidate to the
LGA.
(4) Despite any other provision of this Act or any other law, a candidate
is solely responsible for his or her statement under subsection (1) and the
returning officer, the LGA, a council or any person involved (whether as an
Internet service provider or otherwise) in the administration of the Internet
publication referred to in subsection (2) bears no civil or criminal
liability with respect to the publication of a statement in accordance with this
section.
(5) A statement published under this section is taken to be authorised in
accordance with section 27 and proceedings for an offence against
section 27 may not be commenced in respect of a statement published under
this section.
12—Amendment of
section 28—Publication of misleading material
(1) Section 28(1)—after "publication of the material"
insert:
(the publisher)
(2) Section 28—after subsection (2) insert:
(2a) If the Electoral Commissioner is satisfied that published electoral
material contains a statement purporting to be a statement of fact that is
inaccurate and misleading to a material extent, the Electoral Commissioner may
request the publisher to do 1 or more of the following:
(a) withdraw the material from further publication;
(b) publish a retraction in specified terms and a specified manner and
form,
(and in proceedings for an offence against subsection (1) arising from
the material, the publisher's response to a request under this subsection may be
taken into account in assessing any penalty to which the publisher may be
liable).
13—Amendment of
section 29—Ballot papers
Section 29(3)—delete "as soon as is reasonably practicable after" and
substitute:
at 4pm, or as soon as is reasonably practicable after 4pm, on the day
of
14—Amendment of
section 39—Issue of postal voting papers
(1) Section 39(1)(b)—delete "acting on behalf of" and
substitute:
the designated person for
(2) Section 39(7)(b)(ii)—delete "body corporate or group at an
address nominated by the body corporate or group in a manner determined or
approved by the returning officer" and substitute:
designated person for the body corporate or group at the address of the
designated person on the voters roll
15—Amendment of
section 47—Arranging postal papers
(1) Section 47(2)(a)(ii)—delete subparagraph (ii) and
substitute:
(ii) any 2 or more envelopes where it appears to the returning
officer that the voter has acted in more than 1 capacity at the particular
election or poll; and
(2) Section 47(2)(a)(iii)—delete "voting on behalf of a body
corporate or group of persons in accordance with this Act" and
substitute:
the designated person for a body corporate or group
(3) Section 47(2)(a)(iv)—delete subparagraph (iv)
16—Amendment of
section 80—Returns for candidates
Section 80(1)—delete "six weeks" and substitute:
30 days
17—Amendment of
section 81—Campaign donation returns
Section 81(3)(a)—delete "30" wherever occurring and substitute in
each case:
21
18—Amendment of
section 87—Public inspection of returns
Section 87(5)—delete "three" and substitute:
4
19—Amendment of
section 89—Requirement to keep proper records
Section 89(2)—delete "three" and substitute:
4
After section 91 insert:
91A—Conduct of council during election
period
(1) A council must, within 6 months of the commencement of this
section, prepare and adopt a caretaker policy governing the conduct of the
council and its staff during the election period for a general
election.
(2) Subject to this section, the caretaker policy must, as a minimum,
prohibit the making of a designated decision during the election
period.
(3) If a council considers that there are extraordinary circumstances
which require the making of a designated decision during the election period,
the council may apply in writing to the Minister for an exemption from the
application of this section to the designated decision specified in the
application.
(4) If the Minister is satisfied that there are extraordinary
circumstances, the Minister may grant an exemption from the application of this
section to the designated decision specified in the application subject to any
conditions or limitations that the Minister considers appropriate.
(5) A designated decision made by a council in contravention of this
section or the caretaker policy of the council is invalid.
(6) Any person who suffers any loss or damage as a result of acting in
good faith on a designated decision made in contravention of this section or a
caretaker policy is entitled to compensation from the council for that loss or
damage.
(7) The caretaker policy of a council is to be taken to form part of each
code of conduct required to be prepared and adopted in relation to council
members and staff under the Local Government Act 1999 or the City
of Adelaide Act 1998.
(8) In this section—
designated decision means a decision—
(a) relating to the employment or remuneration of a chief executive
officer, other than a decision to appoint an acting chief executive officer;
or
(b) to terminate the appointment of a chief executive officer;
or
(c) to enter into a contract, arrangement or understanding the total value
of which exceeds whichever is the greater of $100 000 or 1% of the
council's revenue from rates in the preceding financial year; or
(d) allowing the use of council resources for the advantage of a
particular candidate or group of candidates (other than a decision that allows
the equal use of council resources by all candidates for election);
election period in relation to an election, means the period
commencing on—
(a) the day of the close of nominations for the election; or
(b) if a council has specified a day (being a day that falls earlier than
the day of the close of nominations) in its caretaker policy—the specified
day,
and expiring at the conclusion of the election.
Schedule 1—Related
amendments and transitional provisions
Part 1—Amendment of City of Adelaide
Act 1998
1—Amendment of
section 18—Access to information
Section 18(1)—delete "and Part 5A of the Local Government
Act 1934"
2—Amendment of
section 37A—Rundle Mall
Section 37A(10)—delete "Local Government Act 1934" and
substitute:
3—Amendment of
Schedule 1—Special provisions for elections and polls
(1) Schedule 1, Part 1—delete the Part and substitute:
Part 1—Preliminary
1—Interaction with Local Government (Elections)
Act 1999
(1) In this Schedule—
(a) Part 2 operates, in relation to the Council and the City of
Adelaide in substitution for the provisions of Part 4 of the Local
Government (Elections) Act 1999; and
(b) Part 3 operates, in relation to the Council and the City of
Adelaide, in substitution for the provisions of Part 5 of the Local
Government (Elections) Act 1999; and
(c) clause 18 operates, in relation to the Council and the City of
Adelaide, in substitution for the provisions of section 39 of the Local
Government (Elections) Act 1999;
(d) clause 19 operates, in relation to the Council and the City of
Adelaide, in substitution for the provisions of section 47 of the Local
Government (Elections) Act 1999;
(e) Part 8 operates, in relation to the Council and the City of
Adelaide, in substitution for the provisions of Part 14 of the Local
Government (Elections) Act 1999.
(2) Section 13A(2)(a) of the Local Government (Elections)
Act 1999 does not apply in relation to the Council.
Part 2—Enrolment
2—Qualifications for enrolment
(1) Subject to this
Schedule1—
(a) a natural person of or above the age of majority is entitled to be
enrolled on the voters roll for an area or ward if that person—
(i) is enrolled as an elector for the House of Assembly in respect of a
place of residence within the area or ward; or
(ii) has lodged the prescribed application with the chief executive
officer of the Council, is resident at a place of residence within the area or
ward and has been so resident for a continuous period of at least 1 month
immediately preceding the date of the application; or
(iii) is a ratepayer in respect of rateable property within the area or
ward and is the sole owner of that rateable property; or
(iv) is a ratepayer in respect of rateable property within the area or
ward, is the sole occupier of that rateable property, and is not a resident in
respect of that rateable property; and
(b) a body corporate is entitled to be enrolled on the voters roll for an
area or ward if it is a ratepayer in respect of rateable property within the
area or ward and is the sole owner or sole occupier of the rateable property;
and
(c) a group of persons (consisting of natural persons, bodies corporate or
partly of natural persons and partly of bodies corporate) is entitled to be
enrolled as a group on the voters roll for an area or ward if—
(i) the members of the group are all ratepayers in respect of rateable
property within the area or ward; and
(ii) the members of the group are joint owners, owners in common or joint
occupiers of the rateable property; and
(iii) at least 1 member of the group (being a natural person of or
above the age of majority or a body corporate) is not enrolled on the relevant
voters roll under paragraph (a) or (b), and no member of the group is
enrolled on the relevant voters roll under paragraph (a)(i) or (ii) as a
resident in respect of the rateable property; and
(iv) no member of the group who is an occupier of the rateable property
but not an owner is a resident in respect of the rateable property.
(2) A natural person is entitled, without application, to provisional
enrolment on the voters roll for an area or ward if he or she is provisionally
enrolled as an elector for the House of Assembly in respect of a place of
residence within the area or ward.
(3) No enrolment will be made on the voters roll on the basis of a claim
or application received between the time at which rolls for an election or poll
close and polling day for the election or poll.
(4) If—
(a) a person has been enrolled as an elector under
subclause (1)(a)(ii) on the basis of residence at a particular place of
residence; and
(b) the chief executive officer sends a notice to the relevant address
asking the elector to indicate whether he or she is still resident at that
address; and
(c) the chief executive officer receives no reply within 28 days of
the date of the notice or receives a reply indicating that the elector is no
longer resident at that address,
it may be presumed, for the purposes of the revision of the voters roll,
that the elector is not still resident in the area or ward.
(5) A group of persons may, on application to the chief executive officer
in a form determined by the chief executive officer—
(a) nominate a name for the group for the purposes of the voters
roll;
(b) change the name for the group for the purposes of the voters
roll.
(6) The chief executive officer may reject an application under
subclause (5) if the name is, in the opinion of the chief executive
officer, obscene or frivolous.
(7) Subject to the adoption of a name under subclause (5), the chief
executive officer may determine the name of a group for the purposes of the
voters roll.
(8) The name of a group must include the word "Group" at the
end.
(9) For the purposes of subclause (1)(a)(iv) and (c)(iv), the chief
executive officer is entitled to assume (in the absence of any information in
the hands of the chief executive officer to the contrary) that a ratepayer in
respect of rateable property used for residential purposes who is a natural
person and who is (or who appears to be) an occupier but not an owner of that
rateable property is a resident in respect of that rateable property (and the
voters roll may have effect accordingly).
(10) A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information provided under this clause.
Maximum penalty: $10 000.
Note—
1 Subclause (1) does not apply to the Crown (see
section 302 of the Local Government Act 1999).
3—The voters roll
(1) The chief executive officer is responsible for the maintenance of a
voters roll for the area.
(2) Subject to this clause, the voters roll must set out in relation to
each person, body corporate or group enrolled—
(a) the full name of the person, body corporate or group; and
(b) in the case of a natural person—the address of the person's
place of residence; and
(c) the address of the place of residence or rateable property (as the
case may be) by virtue of which the person, body corporate or group is entitled
to be enrolled; and
(d) at the option of the person, body corporate or group—an
additional address nominated by the person, body corporate or group (in a manner
and form determined by the chief executive officer) for the service of postal
voting papers under clause 18; and
(e) any prescribed particulars.
(3) If the chief executive officer is satisfied that the inclusion on the
voters roll of the address of the place of residence of a person or the address
of a place of residence or rateable property (as the case may be) by virtue of
which a person is entitled to be enrolled would place at risk the personal
safety of that person, a member of that person's family or any other person, the
chief executive officer may suppress the address from the voters roll.
(4) If the chief executive officer is satisfied that the address of the
place of residence of a person entitled to be enrolled to vote is suppressed
from a roll under the Electoral Act 1985, the chief executive
officer must also suppress that address from the voters roll.
(5) If an area is divided into wards, the voters roll must differentiate
the electors enrolled on the roll according to the wards in respect of which
they are entitled to vote.
(6) The voters roll must be maintained in a form that allows for the roll
to be brought into an up-to-date form (including by the merger of enrolment
information for the House of Assembly) within 3 weeks after the supply of
relevant information by the Electoral Commissioner under
subclause (10).
(7) The voters roll must be brought up-to-date whenever an election or
poll is to be held so as to reflect entitlements as they exist—
(a) in the case of a periodic election—on a day fixed by the
returning officer for the close of the roll;
(b) in the case of any other election, or a poll—on a day fixed for
the close of the roll by the proclamation or notice fixing polling day for the
election or poll.
(8) A day that falls within the ambit of subclause (7) will be the
closing date for the roll.
(9) The closing date must not be less than—
(a) in the case of the closing date under
subclause (7)(a)—13 weeks before polling day for the relevant
election;
(b) in the case of the closing date under
subclause (7)(b)—8 weeks before polling day for the relevant
election or poll.
(10) The Electoral Commissioner must, within 7 days after a closing
date, supply the chief executive officer with a list of the persons who are, as
at the closing date, enrolled (including those provisionally enrolled) as
electors for the House of Assembly in respect of a place of residence within the
area.
• A list may be supplied in electronic form, or in another manner
agreed between the Electoral Commissioner and the chief executive
officer.
(11) If the area of the Council is divided into wards, the list supplied
under subclause (10) must differentiate the electors according to the wards
in relation to which they are enrolled.
(12) The Electoral Commissioner is entitled to recover as a debt from the
Council a fee of an amount determined by the Electoral Commissioner for the
supply of a list under this clause.
(13) The voters roll must be brought up-to-date in accordance with the
requirements of subclause (7) within 4 weeks after the relevant
closing date.
• A voters roll will be taken to have been brought up-to-date when
copies of the roll are available for public inspection under this
clause.
(14) The Council must ensure that copies of the roll are available for
inspection (without charge) by the public at the principal office of the
Council.
(15) At any time between the close of nominations and polling day for an
election, a nominated candidate for the election is entitled to obtain from the
relevant council a copy of the voters roll in printed form for the area (and he
or she may, during that period, obtain further copies of the voters roll in
printed form from the Council on payment of the fees fixed by the
Council).
(16) The chief executive officer must supply the returning officer with
sufficient copies of the voters roll, certified by the chief executive officer,
for use at an election or poll.
(17) The chief executive officer is not responsible to check the accuracy
of a list supplied by the Electoral Commissioner under this clause and is
entitled to assume that such a list is accurate.
(18) The validity of a voters roll is not affected by a misdescription or
other error in the roll.
(19) A voters roll is conclusive evidence of the entitlement of a person,
body corporate or group whose name appears in the roll as an elector to vote at
an election or poll at which the roll is
used.1
Note—
1 Part 3 is also relevant to determining entitlements to
vote.
Part 3—Entitlement to vote
4—Entitlement to vote
(1) Subject to subclause (2), a natural person who has his or her
name on the voters roll used for an election or poll as an elector in his or her
own right is entitled to vote at that election or poll.
(2) A natural person is not entitled to vote at an election
if—
(a) he or she was provisionally enrolled; and
(b) he or she is not, as at polling day, of or above the age of
majority.
(3) A natural person is entitled to vote at an election or poll for a body
corporate which has its name on the voters roll if—
(a) the natural person is an officer of the body corporate; and
(b) the natural person is acting on behalf of the body corporate (which
may be assumed on the basis of a declaration under clause 18).
(4) A natural person is entitled to vote at an election or poll for a
group which has its name on the voters roll if—
(a) the natural person is a member of the group or an officer of a body
corporate that is a member of the group; and
(b) the natural person is acting on behalf of the group (which may be
assumed on the basis of a declaration under clause 18).
(5) A natural person is not entitled to vote under subclause (3) or
(4) unless he or she is of or above the age of majority.
(6) If the name of a natural person has been omitted in error from a
voters roll used for an election or poll, the person is, subject to this
Schedule, entitled to vote at the election or poll as if the error had not
occurred.
(7) If the name of a body corporate has been omitted in error from a
voters roll used for an election or poll, a person is, subject to this Schedule,
entitled to vote at the election or poll under subclause (3) as if the
error had not occurred.
(8) If the name of a group has been omitted in error from a voters roll
used for an election or poll, a person is, subject to this Schedule, entitled to
vote at the election or poll under subclause (4) as if the error had not
occurred.
(9) A natural person cannot vote at an election or poll for another
natural person pursuant to a power of attorney.
(10) A natural person may only vote in 1 capacity at an election or
poll for the City of Adelaide (but this clause does not prevent a person voting
at 2 or more elections for the City of Adelaide held on the same
day).
5—Entitlement to stand for
election
(1) Subject to this Schedule and the Local Government
Act 1999, a person is eligible to be a candidate for election as a
member of the Council if—
(a) the person is—
(i) an Australian citizen; or
(ii) a prescribed person; and
(b) —
(i) the person is an elector for the area; or
(ii) the person is the nominee of a body corporate which has its name on
the voters roll for the area; or
(iii) the person is the nominee of a group which has its name on the
voters roll for the area; or
(iv) the person's name has been omitted in error from the voters roll for
the area, or the person is the nominee of a body corporate or group which has
had its name omitted in error from the voters roll for the area (and would be
eligible for nomination under subparagraph (ii) or (iii) (as the case may
be) were the name on the roll).
(2) Subclause (1)(b) operates subject to the following
qualifications:
(a) a nominee of a body corporate must be an officer of the body
corporate;
(b) a nominee of a group must be a member of the group, or an officer of a
body corporate that is a member of the group;
(c) a body corporate or group cannot nominate more than one person for a
particular election;
(d) a body corporate or group cannot nominate a person who has not
attained the age of majority.
(3) A person is not eligible to be a candidate for election as a member of
the Council if the person—
(a) is a member of an Australian Parliament; or
(b) is an undischarged bankrupt or is receiving the benefit of a law for
the relief of insolvent debtors; or
(c) has been sentenced to imprisonment and is, or could on the happening
of some contingency become, liable to serve the sentence or the remainder of the
sentence; or
(d) is an employee of the Council; or
(e) is disqualified from election by court order under the Local
Government Act 1999.
(4) A person is not eligible to be a candidate for election as a member of
the Council if the person—
(a) in the case of a supplementary election—is a member of another
council; or
(b) in the case of any election—is a candidate for election as a
member of another council.
(5) In this clause—
prescribed person means a person who has held office as a
member of a council at any time between 5 May 1997 and the
commencement of this clause.
(2) Schedule 1, heading to Part 7—delete the heading to
Part 7 and substitute:
Part 7—Special provisions relating to postal
voting
(3) Schedule 1—before clause 19 insert:
18—Issue of postal voting
papers
(1) The returning officer must, as soon as practicable after the
twenty-first day before polling day, and in any event not later than
14 days before polling day, issue to every natural person, body corporate
or group who or which has his, her or its name on the voters roll used for the
purposes of the election or poll postal voting papers consisting
of—
(a) a ballot paper (or, in an appropriate case, ballot papers)
authenticated to the satisfaction of the returning officer; and
(b) an opaque envelope bearing a declaration (in a form determined by the
Electoral Commissioner), to be completed by the voter, declaring the voter's
date of birth and—
(i) that the ballot paper contained in the envelope contains his or her
vote; and
(ii) that he or she has not already voted at the election or poll;
and
(iii) if the voting papers are issued to a body corporate or
group—that he or she is eligible to vote and is acting on behalf of the
body corporate or group.
(2) The declaration under subclause (1) must appear on a tear-off
extension to the envelope flap.
(3) An envelope used under subclause (1) must be—
(a) a pre-paid post envelope addressed to the returning officer;
or
(b) accompanied by a pre-paid post envelope addressed to the returning
officer,
and must comply with any prescribed requirement.
(4) Postal voting papers must also be issued to any person, body corporate
or group of persons whose name does not appear on the voters roll but who claims
to be entitled to vote at the election or poll and applies to the returning
officer for voting papers not later than—
(a) in the case of an application made by post—5 p.m. on the
second business day before polling day;
(b) in the case of an application made personally—the close of
voting on polling day.
(5) Postal voting papers issued under subclause (4) must also include
a declaration (in a form determined by the Electoral Commissioner) for the voter
to set out the grounds on which an entitlement to vote is claimed.
(6) Postal voting papers issued under this clause must be accompanied by
an explanatory notice and a set of candidate profiles that comply with the
regulations and may be accompanied by other material determined by the returning
officer.
(7) Postal voting papers may be issued under this clause—
(a) by giving them to the prospective voter personally; or
(b) by sending them by post—
(i) to a prospective voter at the appropriate address on the voters roll;
or
(ii) in the case of a body corporate or group (without limiting any other
method of delivery)—to the body corporate or group at an address nominated
by the body corporate or group in a manner determined or approved by the
returning officer; or
(iii) in the case of a prospective voter whose name and address do not
appear on the voters roll—at some other address of which the returning
officer has received notice in a manner determined or approved by the returning
officer.
(8) The returning officer must keep a record of the electors and other
persons to whom voting papers are issued under this clause.
(9) If postal voting papers are returned because they have not been able
to be successfully delivered, the returning officer must retain those voting
papers in a secure place.1
(10) The returning officer is not obliged to check the date of birth of a
voter, or any other information, provided under this clause (but may do so on a
selective, random or other basis determined by the returning officer).
(11) A vote may be admitted to the count notwithstanding that the voter's
date of birth has not been declared (or accurately declared) under this clause,
or that there has been some other formal defect or error on the part of the
voter in complying with the requirements of this clause (unless the returning
officer is of the opinion that the defect or error is sufficiently significant
to warrant the rejection of the vote).
(12) The returning officer is not required to issue postal voting papers
under this clause with respect to a person who the returning officer has reason
to believe has died.
Note—
1 Fresh voting papers may be subsequently issued under
section 43 of the Local Government (Elections)
Act 1999.
(4) Schedule 1, clause 23(1)—delete "six weeks" and
substitute:
30 days
(5) Schedule 1, clause 24(3)(a)—delete "subject to
paragraph (b),"
(6) Schedule 1, clause 24(3)(a)(ii)—delete "Local Government
Act 1934" and substitute:
(7) Schedule 1, clause 24(3)(a)—delete "30" wherever occurring and
substitute in each case:
21
(8) Schedule 1, clause 24(3)(b)—delete paragraph (b)
(9) Schedule 1, clause 25(2)(e)—delete "section 133 of the
Local Government Act 1934" and substitute:
section 27 of the Local Government (Elections)
Act 1999
(10) Schedule 1, clause 31(5)—delete "three" and
substitute:
4
(11) Schedule 1, clause 33(2)—delete "three" and
substitute:
4
Part 2—Transitional provisions
4—Section 12 of
the Local Government
Act 1999
(1) This clause applies to a council other than the Adelaide City
Council.
(2) Despite section 12(4) of the Local Government
Act 1999, a comprehensive review that is required to occur under that
subsection—
(a) must not be commenced during the period beginning on the commencement
of this clause and ending on the conclusion of the periodic election (within the
meaning of the Local Government (Elections) Act 1999) to be
conducted in 2010; and
(b) if, but for the operation of paragraph (a), a council would have
been required to commence the review during the period specified in
paragraph (a)—must, instead, be commenced in 2011 and must be
completed within a period specified by the Electoral Commissioner.
(3) If a council has completed a comprehensive review within the period of
8 years before the commencement of this clause, the Electoral Commissioner
may not give the council a notification under section 12(24)(b) of the
Local Government Act 1999 until the expiration of 8 years from
the completion of the review (but nothing in this subclause prevents the
Electoral Commissioner from giving a notification to a council that has
completed a review after the commencement of this clause).