South Australian Current Acts South Australian Current Acts86—Order of the Commission
(1) The Commission
shall cause an order making an electoral redistribution to be published in the
Gazette.
(1a) The order
published in the Gazette under subsection (1) must include a statement of
the right of any elector or registered political party to appeal against the
order within 1 month of its publication.
(2) Within one month
of the publication of an order, any elector or a registered officer on behalf
of a registered political party may, in the manner prescribed by Rules of
Court, appeal to the Court of Appeal against that order, on the ground that
the order has not been duly made in accordance with this Act.
(3) The Commission
shall be the respondent to any appeal under this section.
(4) Where an appeal
has been instituted under this section, the order shall not take effect until
the appeal has been disposed of.
(5) Where more than
one appeal is instituted against the same order, every such appeal may be
dealt with in the same proceedings.
(5a) If an appeal is
instituted under this section, the notice of appeal must be—
(a)
notified in the Gazette by the Commission; and
(b)
published on a website determined by the Commission; and
(c) sent
by the Commission to each person who made a representation to the Commission
under section 85.
(5b) The notification
under subsection (5a)(a) must include a statement setting out the rights
of any person having an interest in the proceedings to apply to be joined as a
party to the proceedings.
(6) In any appeal
under this section, any person having an interest in the proceedings may, upon
application to the Court, be joined as a party to the proceedings.
(7) On the hearing of
an appeal under this section the Court of Appeal may—
(a)
quash the order and direct the Commission to make a fresh electoral
redistribution; or
(b) vary
the order; or
(c)
dismiss the appeal,
and may make any ancillary order as to costs or any other matter that it
thinks expedient.
(8) The validity of an
order of the Commission shall not be called in question except in an appeal
under this section.
(9) An appeal against
an order of the Commission shall be set down for hearing by the Court of
Appeal as soon as practicable after the expiration of one month from the date
of the order, and the appeal shall be heard and determined by the Court of
Appeal as a matter of urgency.
(10) In this
section—
"registered officer" and "registered political party have the same respective
meanings as in the Electoral Act 1985 .