South Australian Consolidated Acts

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CONSTITUTION ACT 1934 - SECT 85

85—Representations to the Commission

        (1)         Before commencing proceedings for the purpose of making an electoral redistribution the Commission shall, by means of an advertisement published in a newspaper circulating generally throughout the State, invite representations from any person in relation to the proposed electoral redistribution and in any such advertisement a date must be specified as the date before which such representations must be made.

        (2)         A person who desires to make representations to the Commission in relation to the proposed electoral redistribution may do so by instrument in writing served personally or by post upon the secretary of the Commission before the date specified in the advertisement.

        (3)         The Commission shall consider all representations made in accordance with subsection (2), and may, at its discretion, hear and consider any evidence or argument submitted to it in support of those representations by or on behalf of any person.

        (4)         After the completion of its consideration of the matters relevant to making the electoral redistribution, the Commission must—

            (a)         prepare a draft order for the electoral redistribution; and

            (b)         send a copy of that draft to each person who made a representation to the Commission under this section; and

            (c)         give notice, by means of an advertisement published in a newspaper circulating generally throughout the State, of a place or places at which copies of the draft are to be available for inspection, and if copies are to be available for purchase, of places at which copies may be purchased.

        (5)         A draft will be taken to have been sent to a person under subsection (4)(b) if it is posted to the person at his or her last address known to the Commission.

        (6)         The Commission must, at the time when a draft is sent under subsection (4)(b), or a notice is given under subsection (4)(c), invite the person to whom the draft is sent, or any interested member of the public (as the case may be), to make any final submission in writing that he or she thinks fit within a period specified by the Commission (being not less than one month from the date that the draft is sent or the notice is given).

        (7)         The Commission must consider all submissions made in accordance with subsection (6), and may, at its discretion, hear and consider any evidence or argument relating to a submission that is submitted by or on behalf of any person who made a submission under that subsection.

        (8)         The Commission may then proceed to finalise its order.



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