(1) In this Act,
unless the contrary intention appears—
"conclusion of council elections"—see Local Government Act 1999
(section 4(2));
"the Court" means the Court of Disputed Returns constituted under this Act;
"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;
"disposition of property" means a conveyance, transfer, assignment,
settlement, delivery, payment or other alienation of property, and
includes—
(a) the
allotment of shares in a company; and
(b) the
creation of a trust in property; and
(c) the
grant or creation of a lease, mortgage, charge, servitude, licence, power or
partnership or any interest in property; and
(d) the
release, discharge, surrender, forfeiture or abandonment, at law or in equity,
of a debt, contract or chose in action or any interest in property; and
(e) the
exercise by a person of a general power of appointment of property in favour
of another person; and
(f) a
transaction entered into by a person with intent thereby to diminish, directly
or indirectly, the value of the person's own property and to increase the
value of the property of another person;
"District Court" means the District Court of South Australia;
"elector" means a person, body corporate or group of persons enrolled on the
voters roll for a council;
"electoral material" means an advertisement, notice, statement or
representation calculated to affect the result of an election or poll;
"electoral officer" means a person appointed as an electoral officer under
this Act and includes the returning officer and deputy returning officer;
"general election"—see Local Government Act 1999 (section 4);
"gift" means a disposition of property made by a person to another person,
otherwise than by will, being a disposition made without consideration in
money or money's worth or with inadequate consideration, and includes the
provision of a service (other than volunteer labour) for no consideration or
for inadequate consideration;
"illegal practice" means the commission of an offence against this Act;
"name", of a candidate for election, includes a name by which the candidate is
generally known;
"officer" of a body corporate means a director, manager, secretary or public
officer of the body corporate and includes any other person who takes part in
the management of the affairs of the body corporate;
"periodic election" means an election to fill offices of a council held
pursuant to section 5;
"polling day"—see subsection (2);
"property" includes money;
"public notice" means notice in the Gazette and in a newspaper circulating in
the area;
"returning officer"—see section 10;
"voting material" means—
(a)
ballot papers and other forms of voting papers; and
(b)
applications for voting papers; and
(c)
records relating to the issue of voting papers; and
(d)
declarations made by persons voting or claiming to vote; and
(e)
voters rolls.
(2) A reference in
this Act to polling day for an election or poll means—
(a) for
a periodic election—the day on which voting at the election closes under
section 5;
(b) for
a general election (not being a periodic election) to be held pursuant to a
proclamation or notice under the Local Government Act 1999 —the
day fixed as polling day by the proclamation or notice (being the day on which
voting at the election closes);
(c) for
a supplementary election—the day fixed as polling day for the election
under section 6;
(d) for
a poll—the day fixed by the council as polling day for the poll.
(3) For the purposes
of this Act, the year in which polling day for an election occurs will be
taken to be the year in which the election is held.
(4) An election for
mayor, an election for a councillor or councillors who are to be
representatives for the area as a whole, and an election for a councillor or
councillors who are to be representatives of a ward, are each separate and
distinct elections.
(5) This Act is to be
read with the Local Government Act 1999 as if the two Acts together
formed a single Act.