South Australian Current Acts

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ELECTORAL ACT 1985 - SECT 83

83—Taking of declaration votes by electoral visitors

        (1)         The Electoral Commissioner may, by notice published in the Gazette—

            (a)         declare the whole or a specified part of an institution to be a declared institution; or

            (b)         vary or revoke a declaration under this section.

        (2)         The Electoral Commissioner must, in respect of each election

            (a)         appoint a sufficient number of assistant returning officers to be electoral visitors; and

            (b)         make the necessary arrangements for all declared institutions within the district in which the election is being held to be visited by electoral visitors so that the votes of those persons at the declared institution who are entitled to declaration votes may be taken before them.

        (3)         A declared institution may be visited under this section at any time between the expiration of 3 days from the date fixed for the nomination and the close of poll on polling day.

        (4)         An electoral visitor may require the person apparently in charge of a declared institution to furnish him or her with the following information:

            (a)         the names and addresses of the residents of the institution; and

            (b)         any other information that is reasonably required in order to determine whether a resident is entitled to exercise a declaration vote.

        (5)         A person who—

            (a)         hinders an electoral visitor in the exercise of functions under this section; or

            (b)         refuses or fails, without reasonable excuse, to furnish information when required to do so under subsection (4),

is guilty of an offence.

Maximum penalty: $750.

        (6)         A person must not counsel or procure 2 or more residents of a declared institution to make applications by post for the issue of declaration voting papers.

Maximum penalty: $750.



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