South Australian Current Acts

ELECTORAL ACT 1985 - SECT 26

26—Inspection and provision of rolls

        (1)         Copies (whether in printed or electronic form) of the latest prints of the rolls must be available for inspection without fee—

            (a)         at the office of the Electoral Commissioner; and

            (b)         at the offices of the electoral registrars; and

            (d)         at such other places as the Electoral Commissioner determines.

        (1a)         A person may only inspect a copy of the roll available for inspection under subsection (1) if the person—

            (a)         provides the person's name and address to the Electoral Commissioner; and

            (b)         if requested to do so by the Electoral Commissioner, produces evidence of the correctness of the name or address as provided in a form determined by the Commissioner; and

            (c)         complies with conditions (if any) prescribed by the regulations.

        (2)         The Electoral Commissioner must, on request—

            (a)         provide a member of the House of Assembly with an up-to-date copy of the electoral roll for the member's district;

            (b)         provide a member of the Legislative Council with an up-to-date copy of the electoral roll for the Legislative Council district;

            (c)         provide the registered officer of a registered political party with an up-to-date copy of any electoral roll for any district;

            (d)         provide a person who is a nominated candidate in an election with an up-to-date copy of the electoral roll for—

                  (i)         in the case of a person who is a candidate in an election for a House of Assembly district—that district; or

                  (ii)         in the case of a person who is a candidate in a Legislative Council election—the Legislative Council district.

        (3)         If, in accordance with an electoral redistribution under the Constitution Act 1934 , the area of a House of Assembly district (the "relevant district") will, from the day on which a general election of members of the House of Assembly is next held, be altered to include any part of the area of another House of Assembly district, the Electoral Commissioner must, on request, provide an up-to-date copy of the electoral roll for that other House of Assembly district to—

            (a)         the current House of Assembly member for the relevant district;

            (b)         any person who is a nominated candidate for an election in the relevant district.

        (4)         The following provisions apply in connection with the operation of subsections (2) and (3):

            (a)         a request under subsection (2) may be made on the basis that a copy of the relevant roll (or rolls) will be provided on a monthly basis (and the Electoral Commissioner is not required to provide a roll to a particular person (or registered political party) more frequently than once in each month);

            (b)         a copy of a roll may be provided in electronic form (as determined by the Electoral Commissioner);

            (c)         a copy of a roll must be provided without the requirement to pay a fee.

        (5)         If a copy of the roll is provided to a person under this section, a person who uses that copy of the roll, or information contained in that copy of the roll, for a purpose other than—

            (a)         the carrying out of functions of a member of the Parliament of the State or the Commonwealth or a council constituted under the Local Government Act 1999 ; or

            (b)         the distribution of matter calculated to affect the result of a State, Commonwealth or local government election or purposes related to the holding of such elections,

is guilty of an offence.

Maximum penalty: $10 000.