South Australian Current Regulations

PUBLIC CORPORATIONS (SOUTHERN SELECT SUPER CORPORATION) REGULATIONS 2012 - SCHEDULE 1

Schedule 1—Election of members of board

1—Interpretation

In this Schedule—

hour of nomination means the hour by which nominations must be received by the Electoral Commissioner;

voter means a person who is, by virtue of clause 4, eligible to vote at an election.

2—Election of members

The election of members of the board must be conducted by the Electoral Commissioner in accordance with this Schedule.

3—Timetable for elections

        (1)         The Electoral Commissioner must publish in a daily newspaper circulating throughout the State a notice setting out the timetable for each election held under this Schedule.

        (2)         The notice must—

            (a)         fix the date (not being less than 14 days from publication of the notice) and the hour by which nominations must be received by the Electoral Commissioner; and

            (b)         fix the date on or before which the Commissioner will post ballot papers to voters or give ballot papers to employers for distribution to voters; and

            (c)         fix the date (not being less than 21 days nor more than 28 days after the date fixed under paragraph (b)) and the hour by which completed ballot papers must be returned to the Electoral Commissioner.

        (3)         The Electoral Commissioner must determine the timetable in consultation with the board.

4—Persons eligible to vote

        (1)         A person who was a member of Super SA Select on the last business day before the 7 day period immediately preceding the day on which notice was published under clause 3 is eligible to vote at the election unless his or her whereabouts are unknown to the subsidiary.

        (2)         The board must within 7 days after the notice was published give the Electoral Commissioner a list of the voters who are eligible to vote at the election.

        (3)         In this clause—

business day means any day other than a Saturday, Sunday or other public holiday.

5—Nominations

A nomination for election must be—

            (a)         in a form approved by the Electoral Commissioner; and

            (b)         signed by at least 3 voters; and

            (c)         received by the Electoral Commissioner at or before the hour of nomination.

6—Election without ballot

        (1)         If the number of persons nominated is the same as or less than the number of vacancies to be filled by election, the Electoral Commissioner must, by notice in a daily newspaper circulating throughout the State and in the Gazette—

            (a)         declare that the vacancy or vacancies has or have been filled by the person or persons nominated; and

            (b)         in relation to each elected person—specify the day on which the person's term of office commences and the length of the term for which the person has been elected.

        (2)         If the number of persons nominated is greater than the number of vacancies to be filled the following clauses apply.

7—Ballot papers

        (1)         The Electoral Commissioner must provide each voter with a ballot paper and an envelope addressed to the Commissioner for the purpose of returning the ballot paper after completion.

        (2)         The names of the candidates must appear on the ballot papers in a vertical list in an order determined by the Electoral Commissioner by lot.

        (3)         If ballot papers are not printed on watermarked paper they must be initialled by the Electoral Commissioner or by a person authorised for that purpose by the Commissioner.

        (4)         The Electoral Commissioner may provide a voter with a ballot paper and envelope—

            (a)         by posting the ballot paper and envelope to the voter at his or her last known address; or

            (b)         by giving the ballot paper and envelope to the voter's employer to give to the voter.

8—Electoral material to be provided with ballot papers

        (1)         Subject to this clause, the Electoral Commissioner must, at the request of a candidate, include with ballot papers provided to voters material provided by the candidate promoting the candidate's election.

        (2)         Promotional material must be provided to the Commissioner at or before the hour of nomination.

        (3)         The material must not include more than 200 words nor more than 1 photograph and may be printed by the Commissioner in such form as he or she thinks fit for the purpose of posting or distributing to voters.

9—Voting

        (1)         A voter who wishes to vote must—

            (a)         indicate on the ballot paper the candidate to whom the voter gives his or her first preference and the voter may indicate the order of his or her preference for the other candidates; and

            (b)         place the ballot paper in the envelope provided, seal the envelope and sign it; and

            (c)         return the envelope to the Electoral Commissioner.

        (2)         A voter's preference for candidates must be indicated by consecutive numbers (commencing with the number "1") placed in the squares opposite the names of the candidates on the ballot paper.

        (3)         For the purposes of this clause, where a voter places a tick or a cross on a ballot paper, the tick or cross will be taken to be equivalent to the number 1.

10—Duplication and late return of ballot papers

        (1)         If more than 1 ballot paper is returned under the name of the same voter all, except the first to be returned, will be rejected or, if the Electoral Commissioner does not know which was returned first, all, except the first to be recorded against the name of the voter, will be rejected.

        (2)         If more than 1 ballot paper is returned in an envelope none of the ballot papers returned in that envelope will be counted.

        (3)         A ballot paper returned to the Electoral Commissioner after the close of the poll will not be counted.

11—Counting of votes

The following provisions apply to the counting of votes:

            (a)         after counting first preferences the candidate with the fewest first preferences must be excluded and if more candidates remain than the number of vacancies to be filled each ballot paper counted to the excluded candidate must be counted to the candidate (if any) next in order of the voter's preference;

            (b)         this process must be continued until the number of candidates remaining is equal to the number of vacancies to be filled;

            (c)         if 2 candidates have an equal number of votes and 1 of them must be excluded the Electoral Commissioner must determine the question by lot.

12—Scrutineers

        (1)         Subject to subclause (2), the Electoral Commissioner may permit such scrutineers as he or she thinks fit to be present at the counting of votes.

        (2)         A candidate in the election cannot be a scrutineer.

13—Declaration of election

When the number of candidates remaining is equal to the number of vacancies to be filled, the Electoral Commissioner must, by notice in a daily newspaper circulating throughout the State and in the Gazette—

            (a)         declare that the candidate or candidates has or have been elected to fill the vacancy or vacancies; and

            (b)         in relation to each elected person—specify the day on which the person's term of office commences and the length of the term for which the person has been elected.