South Australian Current Acts

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ELECTORAL ACT 1985


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   4.      Interpretation

   PART 2--Administration

           Division 1--The Electoral Commissioner and Deputy Electoral Commissioner

   5.      Appointment of Electoral Commissioner and Deputy Electoral Commissioner
   6.      Acting appointments
   7.      Remuneration and conditions of office

           Division 2--The powers and functions of the Electoral Commissioner and the Deputy Electoral Commissioner

   8.      Powers and functions of the Electoral Commissioner
   9.      Delegation
   10.     Duties of the Deputy Electoral Commissioner

           Division 3--Staff of the Electoral Commissioner

   12.     Staff
   13.     Candidates and persons holding official positions in political parties not to be electoral officers

   PART 3--Electoral districts and subdivisions

           Division 1--Electoral districts

   14.     Electoral districts

           Division 2--Electoral subdivisions

   15.     Electoral subdivisions

           Division 3--District returning officers

   16.     The district returning officers
   17.     Duty to assist public

           Division 4--District polling places

   18.     Polling places

   PART 4--Electoral rolls

           Division 1--District and subdivisional rolls

   19.     District and subdivisional rolls

           Division 2--Information to be contained in rolls

   20.     Information to be contained on the roll
   21.     Suppression of elector's address

           Division 3--Revision of the rolls

   22.     Revision of the rolls
   23.     Rolls to be kept up to date

           Division 4--Keeping, printing and inspection of the rolls

   24.     Rolls to be kept by computer
   25.     Printing of rolls
   26.     Inspection and provision of rolls

           Division 5--Power to require information

   27.     Power to require information

           Division 5A--Provision of certain information

   27A.    Provision of certain information

           Division 6--Joint Commonwealth-State arrangements

   28.     Collaboration with the Commonwealth

   PART 5--Enrolment

           Division 1--Entitlement to enrolment

   29.     Entitlement to enrolment

           Division 2A--Itinerant persons

   31A.    Itinerant persons

           Division 3--Compulsory enrolment and transfer

   32.     Making of claim for enrolment or transfer of enrolment
   32A.    Notification of transfer within the same subdivision
   32B.    Enrolment or transfer of enrolment

           Division 4--Objections

   33.     Right of objection
   34.     Elector to have opportunity to be heard on objection
   35.     Determination of objection

   PART 6--Registration of political parties

   36.     Definitions and related provisions
   37.     Registration of political parties
   38.     Register of Political Parties
   39.     Application for registration
   40.     Order in which applications are to be determined
   41.     Publication of notice of application
   42.     Registration
   42A.    Registered officers
   43.     Changes to Register
   43A.    Annual returns and other inquiries
   44.     Voluntary de-registration
   45.     De-registration of political party
   46.     De-registration
   46A.    False statements
   46B.    Membership information to be confidential

   PART 7--Writs for elections

   47.     Issue of writ
   48.     Contents of writ
   49.     Deferral of election
   50.     Failure of election

   PART 8--Preparations for an election

           Division 1--Nomination

   51.     Candidates must be nominated
   52.     Qualifications of candidate
   53.     Nominations of candidates endorsed by political party
   53A.    Nomination of candidate by a person
   54.     Declaration of nominations
   55.     Proceedings on nomination day
   56.     Death of candidate after nomination
   57.     Deposit to be forfeited in certain cases

           Division 2--Ballot papers
           Subdivision 1--Ballot papers for a Legislative Council election

   58.     Grouping of candidates in Legislative Council election
   59.     Printing of Legislative Council ballot papers
           Subdivision 2--Ballot papers for a House of Assembly election
   60.     Ballot papers for House of Assembly elections
           Subdivision 3--Ballot papers generally
   61.     Form of ballot papers
   62.     Printing of descriptive information on ballot papers
   63.     Voting tickets
   64.     Photographs of candidates

           Division 3--Establishment and staffing of polling booths

   65.     Properly staffed polling booths to be provided
   66.     Preparation of certain electoral material

           Division 4--Scrutineers

   67.     Appointment of scrutineers

           Division 5--Certified list of electors

   68.     Certified list of electors

   PART 9--Voting

           Division 1--Entitlement to vote

   69.     Entitlement to vote
   70.     Errors etc in roll not to forfeit entitlement to vote

           Division 2--General provisions as to voting

   71.     Manner of voting
   72.     Questions to be put to person claiming to vote
   73.     Issue of voting papers
   74.     Issue of declaration voting papers by post or other means
   74A.    Offence to distribute application form for issue of declaration voting papers
   75.     Fresh ballot paper may be issued where ballot paper spoiled

           Division 3--Indication of vote

   76.     Marking of votes on ballot papers

           Division 4--Voting at polling booths

   77.     Times and places for polling
   78.     Right of elector to receive ballot paper
   79.     Vote to be marked in private
   80.     Voter may be accompanied by an assistant in certain circumstances
   80A.    Voting near polling booth in certain circumstances
   81.     Voting by elector to whom declaration voting papers have been issued

           Division 5--Declaration voting

   82.     Declaration vote, how made
   83.     Taking of declaration votes by electoral visitors
   84.     Security of facilities

           Division 5A--Electronically assisted voting for sight-impaired electors

   84A.    Electronically assisted voting for sight-impaired electors
   84B.    Applying provisions of Act to elector using electronic assisted voting
   84C.    Electoral Commissioner may determine that electronically assisted voting is not to be used

           Division 6--Compulsory voting

   85.     Compulsory voting

           Division 7--Miscellaneous

   86.     Presiding officer may appoint substitute
   87.     Ballot boxes or other facilities to be kept secure
   88.     Adjournment of polling

   PART 10--The scrutiny

           Division 1--Preliminary

   89.     Scrutiny
   90.     Scrutineers
   91.     Preliminary scrutiny

           Division 2--Interpretation and validity of ballot papers

   92.     Interpretation of ballot papers in Legislative Council elections
   93.     Interpretation of ballot papers in House of Assembly elections
   94.     Informal ballot papers

           Division 3--Counting of votes

   95.     Scrutiny of votes in Legislative Council election
   96.     Scrutiny of votes in House of Assembly election

           Division 3A--Computer vote counting in Legislative Council elections

   96A.    Application of Division
   96B.    Approval of computer program
   96C.    Protection of approved computer program from interference
   96D.    Use of approved computer program in election
   96E.    Manual counting of votes not prevented

           Division 4--Re-count

   97.     Re-count

   PART 11--The return of the writs

   98.     Return of writ for election of members of the Legislative Council
   99.     Declaration of poll and return of writs for House of Assembly

   PART 12--Appeals

           Division 1--Administrative appeals

   100.    Reviewable decisions
   101.    Administrative appeals

           Division 2--Disputed elections and returns

   102.    Method of disputing elections
   103.    The Court of Disputed Returns
   104.    Requisites of petition
   105.    Respondents to petitions
   106.    Principles to be observed
   107.    Orders that the Court is empowered to make
   108.    Decisions to be final

   PART 13--Offences

           Division 1--Bribery, undue influence etc

   109.    Bribery
   110.    Undue influence
   111.    Interference with political liberty

           Division 2--Electoral advertisements, commentaries and other material

   112.    Publication of electoral advertisements, notices etc
   112A.   Special provision relating to how-to-vote cards
   112B.   Certain descriptions not to be used
   113.    Misleading advertising
   114.    Heading to electoral advertisements
   115.    Limitations on display of electoral advertisements
   115A.   Automated political calls
   116.    Published material to identify person responsible for political content
   116A.   Evidence

           Division 3--Offences related to the conduct of an election

   117.    Candidates not to take part in elections
   118.    Persons present at polling
   119.    Offender may be removed from polling booth
   120.    Secrecy of vote
   121.    Conduct of officers, scrutineers etc
   122.    Cards in polling booth
   123.    Witnessing electoral papers
   124.    Other offences relating to ballot papers etc
   125.    Prohibition of canvassing near polling booths
   126.    Prohibition of advocacy of forms of voting inconsistent with Act
   127.    Failure to transmit claim
   128.    Forging or uttering electoral papers
   129.    Protection of the official mark

           Division 4--Employers

   130.    Employers to allow employees leave of absence to vote

   PART 13A--Election funding, expenditure and disclosure

           Division 1--Preliminary

   130A.   Interpretation
   130B.   Objects of Part
   130C.   Application of Part

           Division 2--Agents

   130D.   Interpretation
   130E.   Appointment of agents by parties, candidates and groups
   130F.   Third parties may appoint agents
   130G.   Requisites for appointment
   130H.   Registration of agents
   130I.   Termination of appointment of agent
   130J.   Responsibility for action in case of political parties

           Division 3--State campaign accounts

   130K.   Requirement to keep State campaign account
   130L.   Gifts to be paid into State campaign account
   130M.   Payments into State campaign account
   130N.   State campaign account to be used for political expenditure

           Division 4--Public funding of candidates and groups for elections

   130O.   Interpretation
   130P.   General entitlement to funds
   130Q.   Payment not to be made or to be reduced in certain circumstances
   130R.   Making of payments
   130S.   Death of candidate

           Division 5--Special assistance funding for political parties

   130T.   Preliminary
   130U.   Entitlement to and claims for half yearly entitlement to special assistance funding
   130UA.  Entitlement to and claim for one-off payment of special assistance funding
   130V.   Making of payments
   130W.   Special assistance funding not to be used for political expenditure

           Division 6--Limitations on political expenditure

   130X.   Interpretation
   130Y.   Application of Division
   130Z.   Expenditure caps
   130ZA.  Prohibition on political expenditure in excess of expenditure cap during capped expenditure period
   130ZB.  Regulation of political expenditure by parties and candidates endorsed by parties
   130ZC.  Prohibition on arrangements to avoid applicable expenditure cap

           Division 7--Disclosure of donations

   130ZD.  Interpretation
   130ZE.  Division not to apply to gifts returned within 6 weeks
   130ZF.  Returns by certain candidates and groups
   130ZG.  Gifts, loans to candidates etc
   130ZH.  Gifts to relevant entities
   130ZI.  Special reporting of large gifts
   130ZJ.  Certain gifts not to be received
   130ZK.  Certain loans not to be received
   130ZL.  Limitation on entry fees for certain events

           Division 8--Returns

   130ZM.  Interpretation
   130ZN.  Returns by registered political parties
   130ZO.  Returns by associated entities
   130ZP.  Returns by third parties
   130ZQ.  Returns relating to political expenditure during capped expenditure period
   130ZR.  Annual returns relating to political expenditure
   130ZS.  Annual returns relating to gifts received for political expenditure
   130ZT.  Related matters
   130ZU.  Regulations

           Division 9--Related matters

   130ZV.  Audit certificates
   130ZW.  Auditor to give notice of contravention
   130ZX.  Electoral Commissioner to determine manner in which returns to be furnished
   130ZY.  Public inspection of returns
   130ZZ.  Nil returns
   130ZZA. Records to be kept
   130ZZB. Investigation etc
   130ZZC. Inability to complete returns
   130ZZD. Amendment of returns
   130ZZE. Offences
   130ZZF. Non-compliance with Part does not affect election
   130ZZG. Appropriation

   PART 14--Miscellaneous

   131.    Signature to electoral paper
   132.    Injunctions
   133.    Disqualification for bribery and undue influence
   134.    Service by post
   135.    Preservation of ballot papers
   136.    Offences committed with connivance of person other than offender
   138.    Exemption from stamp duty
   139.    Regulations
           Legislative history
           The Parliament of South Australia enacts as
           follows:


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