South Australian Consolidated Acts

LOCAL GOVERNMENT (ELECTIONS) ACT 1999 - SECT 10

10—The returning officer and deputy returning officer

        (1)         The Electoral Commissioner will be the returning officer for each area.

        (2)         The Electoral Commissioner may appoint one or more deputy returning officers for an area.

        (3)         A council may, in connection with the operation of subsection (2), nominate a person to be a deputy returning officer for its area and the Electoral Commissioner will make the appointment if satisfied—

            (a)         that the person is an appropriate person to act as a deputy returning officer; and

            (b)         that the person has sufficient training or experience to act as a deputy returning officer; and

            (c)         that in the circumstances it is reasonable that an appointment be made.

        (4)         No member of a council is eligible for appointment as a deputy returning officer for that council and no deputy returning officer for a council is eligible to stand for election as a member of that council.

        (5)         The returning officer will be taken to have delegated to a deputy returning officer all of the returning officer's powers and functions under this Act in respect of the area for which the deputy returning officer has been appointed.

        (6)         A delegation under subsection (5)—

            (a)         is subject to the condition that the deputy returning officer will act in accordance with the directions of the returning officer, and to other conditions and limitations determined by the returning officer; and

            (b)         subject to a direction of the returning officer—may be the subject of one or more subdelegations; and

            (c)         does not prevent the returning officer from acting in a matter.

        (7)         The Electoral Commissioner may establish or specify courses of training to be undertaken by persons nominated or appointed as deputy returning officers under this section.

        (8)         The Electoral Commissioner may remove a person from the position of deputy returning officer for any reasonable cause.

        (9)         However, if it is proposed to remove a person who was nominated by a council, the Electoral Commissioner should not act under subsection (8) unless the Electoral Commissioner has first consulted with the council.