South Australian Current Acts

ELECTORAL ACT 1985 - SECT 130Y

130Y—Application of Division

        (1)         This Division applies to a registered political party, candidate or group whose agent lodges a certificate, in relation to an election, certifying that the relevant party, candidate or group is—

            (a)         to be subject to the limitations on political expenditure set out in this Division for the election; and

            (b)         —

                  (i)         in the case of a party—to receive election funding under Division 4 for the election on behalf of candidates or groups of candidates endorsed by the party for that election; or

                  (ii)         in any other case—to receive election funding under Division 4 for the election.

        (2)         A certificate under subsection (1) must be lodged with the Electoral Commissioner by the agent of the relevant party, candidate or group, in accordance with any requirements of the Electoral Commissioner—

            (a)         in the case of a certificate lodged by the agent of—

                  (i)         a candidate who—

                        (A)         is not endorsed by a party; and

                        (B)         is a member of Parliament; or

                  (ii)         a group—

                        (A)         that is not endorsed by a party; and

                        (B)         a member of which is a member of Parliament,

at least 24 months before polling day for the election; or

            (b)         in the case of a certificate lodged by the agent of a candidate or group not endorsed by a party (other than a candidate or group referred to in paragraph (a))—on or before 5 pm on the day on which—

                  (i)         the capped expenditure period commences in relation to the candidate or group for the election; or

                  (ii)         the disclosure period for a return required to be furnished under this Part by the candidate or group in relation to the election commences,

whichever period commences later; or

            (c)         in the case of a certificate lodged by the agent of a registered political party—

                  (i)         in the case of a general election—

                        (A)         in the case of a party registered 24 months or less before polling day for the election—within 1 month after registration as a registered political party; or

                        (B)         in any other case—at least 24 months before polling day for the election; or

                  (ii)         in the case of any other election—on or before 5 pm on the day on which the capped expenditure period commences in relation to the party for the election.

        (3)         The agent of a registered political party may lodge a certificate under this section in relation to candidates or groups of candidates that are to be endorsed by the party in a general election, even though the identity of the candidates or groups are not determined at the time of lodgement.

        (4)         A certificate lodged under this section cannot be withdrawn.

        (5)         If, after a certificate has been lodged by the agent of a party in accordance with this section, a candidate who—

            (a)         is a member of Parliament; or

            (b)         is a member of a group a member of which is a member of Parliament,

ceases to be endorsed by the party in relation to the relevant election, the agent of the candidate will be taken, for the purposes of this Part, to have lodged a certificate in accordance with this section at the time specified in subsection (2)(a) unless the candidate, within 48 hours after ceasing to be so endorsed notifies the Electoral Commissioner (in a manner determined by the Electoral Commissioner) that he or she does not wish to be taken to have lodged a certificate in accordance with this section (in which case the agent of the candidate may not lodge a certificate in relation to the relevant election).