South Australian Consolidated Acts

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LOCAL GOVERNMENT (ELECTIONS) ACT 1999 - SECT 14

14—Qualifications for enrolment

        (1)         Subject to this Act 1

            (a)         a natural person of or above the age of majority is entitled to be enrolled on the voters roll for an area or ward if that person—

                  (i)         is enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward; or

                  (ii)         is resident at a place of residence within the area or ward and has lodged the prescribed application with the chief executive officer of the council; or

                  (iii)         is a ratepayer in respect of rateable property within the area or ward and is the sole owner of that rateable property; or

                  (iv)         is a ratepayer in respect of rateable property within the area or ward, is the sole occupier of that rateable property, and is not a resident in respect of that rateable property; and

            (b)         a body corporate is entitled to be enrolled on the voters roll for an area or ward if it is a ratepayer in respect of rateable property within the area or ward and is the sole owner or sole occupier of the rateable property; and

            (c)         a group of persons (consisting of natural persons, bodies corporate or partly of natural persons and partly of bodies corporate) is entitled to be enrolled as a group on the voters roll for an area or ward if—

                  (i)         the members of the group are all ratepayers in respect of rateable property within the area or ward; and

                  (ii)         the members of the group are joint owners, owners in common or joint occupiers of the rateable property; and

                  (iii)         at least one member of the group (being a natural person of or above the age of majority or a body corporate) is not enrolled on the relevant voters roll under paragraph (a) or (b), and no member of the group is enrolled on the relevant voters roll under paragraph (a)(i) or (ii) as a resident in respect of the rateable property; and

                  (iv)         no member of the group who is an occupier of the rateable property but not an owner is a resident in respect of the rateable property.

        (2)         No enrolment will be made on the voters roll on the basis of a claim or application received between the time at which rolls for an election or poll close and polling day for the election or poll.

        (3)         If—

            (a)         a person has been enrolled as an elector under subsection (1)(a)(ii) on the basis of residence at a particular place of residence; and

            (b)         the chief executive officer sends a notice to the relevant address asking the elector to indicate whether he or she is still resident at that address; and

            (c)         the chief executive officer receives no reply within 28 days of the date of the notice or receives a reply indicating that the elector is no longer resident at that address,

it may be presumed, for the purposes of the revision of the voters roll, that the elector is not still resident in the area or ward.

        (4)         A group of persons may, on application to the chief executive officer in a form determined by the chief executive officer

            (a)         nominate a name for the group for the purposes of the voters roll;

            (b)         change the name for the group for the purposes of the voters roll.

        (5)         The chief executive officer may reject an application under subsection (4) if the name is, in the opinion of the chief executive officer, obscene or frivolous.

        (6)         Subject to the adoption of a name under subsection (4), the chief executive officer may determine the name of a group for the purposes of the voters roll.

        (7)         The name of a group must include the word "Group" at the end.

        (8)         For the purposes of subsection (1)(a)(iv) and (c)(iv), the chief executive officer is entitled to assume (in the absence of any information in the hands of the chief executive officer to the contrary) that a ratepayer in respect of rateable property used for residential purposes who is a natural person and who is (or who appears to be) an occupier but not an owner of that rateable property is a resident in respect of that rateable property (and the voters roll may have effect accordingly).

Note—

1         Subsection (1) does not apply to the Crown (see section 302 of the Local Government Act 1999 ).



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