South Australian Current Acts South Australian Current Acts88—Special provisions as to referendum
(1) Except as provided
in this section, no provision of section 32 of this Act or of this Part
shall be repealed, suspended or amended.
(2) A Bill providing
for or effecting the repeal, suspension, or amendment of any provision of
section 32 of this Act or of this Part shall not be presented to the
Governor for assent unless—
(a) the
Bill does not provide for, or effect, the repeal, suspension or amendment of a
provision of this section and the Bill does not:
(i)
offend against the principle that the State is to be
divided into electoral districts each returning the same number (whether that
number be one or more than one) of members to the House of Assembly; or
(ii)
offend against the principle expressed in section 77
of this Act by which the number of electors to be comprised in each
electoral district upon an electoral redistribution is to be ascertained; or
(iii)
affect the frequency with which electoral redistributions
are to be made; or
(iv)
offend against the principle that an
electoral redistribution is to be made by a Commission that is independent of
political influence or control; or
(b) the
Bill has been approved by the electors in accordance with this section.
(3) Where it is
necessary for a Bill to be approved by the electors in accordance with this
section, the Bill shall, on a day appointed by proclamation (being a day that
falls not earlier than two months after the day on which the Bill is passed by
Parliament) be submitted to a referendum of the electors for the House of
Assembly.
(4) If the majority of
the persons voting at the referendum approve of the Bill it shall be presented
to the Governor for assent.
(5) Any person
entitled to vote at a general election of members of the House of Assembly
shall have the right to bring an action in the Supreme Court for a
declaration, injunction or other legal remedy to enforce any of the provisions
of this section.