Electoral Act 1985

This

Act may be cited as the Electoral

Act 1985.

In this Act, unless the contrary intention appears—

abbreviation, in relation to the name of a political party, includes an alternative name of the party;

authorised witness means a person (not being a candidate in an election) who is over, or apparently over, the age of 18 years;

bribery means an offence against section 109;

Commonwealth

Act means the Commonwealth

Electoral Act 1918 of the Commonwealth;

Commonwealth roll means the roll of electors for the State of South Australia kept under section 81 of the Commonwealth Act;

counting centre means premises at which the scrutiny of ballot papers is being, or is to be, conducted;

declaration ballot paper means the ballot paper of a voter who makes a declaration vote;

declaration voting papers, in relation to an election, means—

the ballot paper for the election; and

an envelope endorsed with a declaration to be made by the voter;

election period, in relation to an election, means the period commencing on the issue of the writ for the election and expiring at 6 p.m. on polling day;

elector means a person whose name appears on a roll as an elector (not being a person under the age of 18 years who is provisionally enrolled) and includes a person whose name should appear on a roll as an elector but has been, by error, omitted from the roll;

electoral advertisement means an advertisement containing electoral matter;

the

Electoral Commissioner means the person for the time being holding, or acting in, the office of the Electoral Commissioner under this Act;

electoral district or district means—

in relation to a Legislative Council election—the whole of the State;

in relation to a House of Assembly election—a district for the return of a member of the House of Assembly;

electoral matter means matter calculated to affect the result of an election;

electoral paper means any document or form for use under this Act;

electoral roll or roll means an electoral roll kept under this Act;

electoral visitor means an electoral visitor appointed by the Electoral Commissioner;

entitled candidate, in relation to a candidate in an election, means a candidate other than—

a candidate endorsed by a registered political party; or

a candidate who—

in the case of a general election—was a member of Parliament at the time of the dissolution of the Parliament in relation to the election; or

in the case of any other election—was a member of Parliament at the time of the event that resulted in the vacancy that gave rise to the election;

entitled group, in relation to a group of candidates in an election, means a group other than—

a group containing a candidate endorsed by a registered political party; or

a group containing a candidate who in the case of a general election—was a member of Parliament at the time of the dissolution of the Parliament in relation to the election;

entitled registered political party means a registered political party other than a registered political party where 1 or more members of the party is a member of

Parliament (or, in relation to an election, was a member of

Parliament at the time of the dissolution of the Parliament or event that resulted in the vacancy that gave rise to the election);

general election means a general election of members of the House of Assembly;

group means a group of 2 or more candidates nominated for election to the Legislative Council who have their names grouped together on ballot papers in accordance with section 58;

group voting square means a square printed on a ballot paper for a Legislative Council election in relation to the candidates included in a group who have requested a group voting square for the purposes of the election under section 58(2)(e);

the hour of nomination means 12 noon on the day fixed by a writ for the nomination;

how-to-vote card means a card, in the form of a ballot paper, indicating the manner in which a vote should be recorded by a voter;

institution means—

a hospital; or

a convalescent home; or

a nursing home; or

a home for the aged; or

a hostel for the aged or infirm; or

a prison or other place of confinement; or

an institution of a prescribed kind, or any part of an institution as defined above;

medical practitioner means a person registered under the Health

Practitioner Regulation National Law to practise in the medical profession (other than as a student);

member of Parliament means a member of the Parliament of South Australia;

name, of a candidate for election, includes a name by which the candidate is generally known;

officer means a person appointed to an office under this Act or assisting the

Electoral Commissioner in the administration of this or any other Act or engaged by the Electoral Commissioner under this Act;

ordinary vote means a vote that is not a declaration vote;

organisation means an incorporated or unincorporated association, group or organisation (including an association, group or organisation that constitutes a branch or division of a larger association, group or organisation);

political party means an organisation of which an object or activity is the promotion of the election to the House of Assembly or the Legislative Council of a candidate or candidates endorsed by it;

polling booth means a building, structure, vehicle or enclosure or part of a building, structure, vehicle or enclosure, for taking votes at an election;

polling place means a place appointed as a polling place under this Act;

pre‑polling centre—see section 18(1);

registered name, in relation to a registered political party, means the name of the party, or an abbreviation of the name of the party, entered in the

Register of Political Parties under Part

6;

registered officer, in relation to a registered political party, means the person shown on the Register of Political Parties as the registered officer of that party and includes a person nominated by that registered officer as his or her deputy;

registered political party means a political party registered under Part

6;

registered voting ticket means a voting ticket lodged under section 60A;

Register of Political Parties means the register of political parties kept under Part

6;

remote

subdivision means a subdivision declared by the Electoral Commissioner under section 15 to be a remote subdivision;

returning officer includes an assistant returning officer;

scrutiny of ballot papers includes the counting of the votes recorded on ballot papers;

subdivision means a subdivision of a district and, in relation to a district that is not divided into subdivisions, means the whole of the district;

to publish includes to authorise, cause or permit to be published;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South

Australian Civil and Administrative Tribunal Act 2013;

undue influence means an offence against section 110;

voting papers, in relation to an election, means any ballot paper or declaration voting papers required by an elector for the purpose of voting at the election;

voting ticket means a written statement of a particular order in which a voter might allocate preferences in an election, being a statement for use under this Act in interpreting the votes of voters who, in relation to a House of Assembly election, do not indicate an order of preference covering all candidates;

writ means a writ for an election.

For the purposes of this Act, an organisation endorses a candidate in an election if a part of the organisation, or some other organisation of which the organisation is part, endorses the candidate in the election.

Except as otherwise provided and subject to the regulations, a reference in this Act to a registered political party, group or candidate (as the case may be) includes a reference to an entitled registered political party, entitled group or entitled candidate (as the case requires).

The

Governor may—

on a recommendation made by resolution of both Houses of Parliament, appoint a person to be the Electoral Commissioner; and

appoint a person to be the Deputy Electoral Commissioner.

On a vacancy occurring in the office of Electoral Commissioner, the matter of inquiring into and reporting on a suitable person for appointment to the vacant office is referred by force of this subsection to the Statutory Officers Committee established under the

Parliamentary

Committees Act 1991.

Neither the Electoral Commissioner nor the Deputy Electoral Commissioner may, without the consent of the Minister, engage in any remunerative employment outside the functions and duties of their respective offices.

If—

the office of Electoral Commissioner is temporarily vacant or the

Electoral Commissioner is absent from the duties of his or her office; and

the office of Deputy Electoral Commissioner is vacant or the Deputy

Electoral Commissioner is unavailable to act in the office of the

Electoral Commissioner, the

Governor may appoint a suitable person (who may, but need not, be a

Public Service employee) to act in the office of the Electoral

Commissioner.

If the office of Deputy Electoral Commissioner is temporarily vacant, or the Deputy Electoral Commissioner is absent from the duties of his or her office, the Governor may appoint a suitable person (who may, but need not, be a Public Service employee) to act in the office of

Deputy Electoral Commissioner.

The

Electoral Commissioner and the Deputy Electoral Commissioner hold office, subject to this Act, on terms and conditions determined by the Governor.

The

Electoral Commissioner and the Deputy Electoral Commissioner are entitled to the remuneration determined by the Remuneration Tribunal in relation to the respective offices.

A salary determined by the Remuneration Tribunal for the Electoral

Commissioner or the Deputy Electoral Commissioner cannot be reduced by subsequent determination during the term of office of the

Electoral Commissioner or the Deputy Electoral Commissioner (as the case may be).

The

Electoral Commissioner and Deputy Electoral Commissioner are employees within the meaning and for the purposes of the

Superannuation

Act 1988.

A person appointed as Electoral Commissioner is so appointed for a term expiring on the day on which he or she attains the age of 65 years.

A person appointed after the commencement of this subsection as Deputy

Electoral Commissioner is so appointed for a term expiring 1 year after polling day of the general election second occurring after the person's appointment under this section and, at the expiration of a term of appointment, is eligible for reappointment.

The

Governor may remove the Electoral Commissioner or Deputy Electoral

Commissioner from office on presentation of an address from both

Houses of Parliament praying for his or her removal.

The

Governor may suspend the Electoral Commissioner or Deputy Electoral

Commissioner from office on the ground of incompetence or misbehaviour and, in the event of such a suspension—

a full statement of the reason for the suspension must be laid before

Parliament within 3 sitting days if Parliament is then in session or, if not, within 3 sitting days of the commencement of the next session of Parliament; and

if within 12 sitting days of the statement being laid before Parliament no address praying for removal of the Electoral Commissioner or

Deputy Electoral Commissioner is presented to the Governor under subsection (7), he or she must be restored to office, but if such an address is presented, he or she may be removed from office.

The office of the Electoral Commissioner or Deputy Electoral Commissioner becomes vacant if—

he or she dies;

he or she resigns his or her office by written notice addressed to the

Governor, or his or her term of office expires;

in the case of the Electoral Commissioner—having reached the age of

55 years, he or she retires from office by written notice addressed to the Governor;

he or she is removed from office under subsection (7) or (8);

he or she is convicted of an indictable offence or sentenced to imprisonment for an offence;

he or she becomes a member, or a candidate for election as a member, of the Parliament of the State, the Commonwealth, or any other State of the Commonwealth;

he or she becomes, in the opinion of the Governor, physically or mentally incapable of satisfactorily carrying out his or her functions and duties.

The

Electoral Commissioner and the Deputy Electoral Commissioner may only be removed or suspended from office as provided in this section.

Subject to this section, the office of—

the

Electoral Commissioner; and

the

Deputy Electoral Commissioner, may not become vacant.

The

Electoral Commissioner—

is responsible to the Minister for the administration of this Act;

is responsible for the proper conduct of elections in accordance with this Act;

is responsible for the carrying out of appropriate programmes of publicity and public education in order to ensure that the public is adequately informed of their democratic rights and obligations under this Act;

is empowered—

to conduct and promote research into electoral matters;

to publish the results of such research and other material on electoral matters.

The

Electoral Commissioner must, where relevant in the carrying out of the Electoral Commissioner's functions under this Act, promote and encourage the casting of votes at a polling booth on polling day.

The

Electoral Commissioner—

has the powers and functions conferred on or assigned to him or her under this Act or any other Act; and

may, with the permission of the Minister, carry out any other statutory or non-statutory functions on terms and conditions approved by the

Minister.

The

Electoral Commissioner may delegate any of his or her powers or functions under this or any other Act.

A delegation under this section—

may be absolute or conditional; and

does not prevent the Electoral Commissioner from acting personally in any matter; and

is revocable at will.

The

Deputy Electoral Commissioner—

must perform such duties as the Electoral Commissioner may direct; and

must, if the office of the Electoral Commissioner is temporarily vacant or the Electoral Commissioner is absent or unavailable to discharge the duties of his or her office, act in the office of the Electoral

Commissioner.

The

Electoral Commissioner's staff consists of—

Public

Service employees assigned to assist the Commissioner; and

persons employed by the Commissioner, on terms and conditions determined by the Commissioner, for the purposes of an election or otherwise on a temporary basis as required for the administration of this or any other Act.

A person employed under subsection (1)(b) is to be remunerated in accordance with a scale of fees and allowances fixed by the Minister.

No candidate or person holding an official position in a political party may be appointed as an officer.

If an officer becomes a candidate, or accepts an official position in a political party, his or her office or position is vacated.

For the purposes of this Act—

the whole of the State constitutes the Legislative Council electoral district; and

the

State is divided into House of Assembly electoral districts in accordance with the Constitution

Act 1934.

Each

House of Assembly electoral district constitutes a division of the

Legislative Council electoral district.

If a by-election is to be held in a House of Assembly electoral district—

the district will be taken to be as it existed at the previous general election of members of the House of Assembly; and

the electoral rolls must be prepared for the purposes of the by-election accordingly.

The

Electoral Commissioner may, by notice published in the Gazette—

divide an electoral district into subdivisions; or

alter the boundaries of a subdivision; or

abolish a subdivision.

The

Electoral Commissioner may appoint an electoral registrar in respect of one or more subdivisions.

The

Electoral Commissioner may, by notice published in the Gazette—

declare a particular subdivision to be a remote subdivision; or

revoke a declaration under paragraph (a).