South Australian Consolidated Acts

LOCAL GOVERNMENT (ELECTIONS) ACT 1999 - SECT 16

16—Entitlement to vote

        (1)         A natural person who has his or her name on the voters roll used for an election or poll as an elector in his or her own right is entitled to vote at that election or poll.

        (2)         A natural person is entitled to vote at an election or poll for a body corporate which has its name on the voters roll if—

            (a)         the natural person is an officer of the body corporate; and

            (b)         the natural person is acting on behalf of the body corporate (which may be assumed on the basis of a declaration under section 39).

        (3)         A natural person is entitled to vote at an election or poll for a group which has its name on the voters roll if—

            (a)         the natural person is a member of the group or an officer of a body corporate that is a member of the group; and

            (b)         the natural person is acting on behalf of the group (which may be assumed on the basis of a declaration under section 39).

        (4)         A natural person is not entitled to vote under subsection (2) or (3) unless he or she is of or above the age of majority.

        (5)         If the name of a natural person has been omitted in error from a voters roll used for an election or poll, the person is, subject to this Act, entitled to vote at the election or poll as if the error had not occurred.

        (6)         If the name of a body corporate has been omitted in error from a voters roll used for an election or poll, a person is, subject to this Act, entitled to vote at the election or poll under subsection (2) as if the error had not occurred.

        (7)         If the name of a group has been omitted in error from a voters roll used for an election or poll, a person is, subject to this Act, entitled to vote at the election or poll under subsection (3) as if the error had not occurred.

        (8)         An elector is only entitled to one vote in a particular election (and so an elector who is entitled to vote in more than one ward is still only entitled to one vote in an election for the area of the council as a whole).

        (9)         A natural person cannot vote at an election or poll for another natural person pursuant to a power of attorney.

        (10)         If a natural person has two or more entitlements to vote at an election or poll under this section, the provisions of this Act will be construed so that they apply to the person distinctively in relation to each such entitlement.