South Australian Consolidated Acts

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LOCAL GOVERNMENT (ELECTIONS) ACT 1999 - SECT 17

17—Entitlement to stand for election

        (1)         Subject to this Act and the Local Government Act 1999 , a person is eligible to be a candidate for election as a member of a council if—

            (a)         the person is—

                  (i)         an Australian citizen; or

                  (ii)         a prescribed person; and

            (b)         —

                  (i)         the person is an elector for the area; or

                  (ii)         the person is the nominee of a body corporate which has its name on the voters roll for the area; or

                  (iii)         the person is the nominee of a group which has its name on the voters roll for the area; or

                  (iv)         the person's name has been omitted in error from the voters roll for the area, or the person is the nominee of a body corporate or group which has had its name omitted in error from the voters roll for the area (and would be eligible for nomination under subparagraph (ii) or (iii) (as the case may be) were the name on the roll).

        (2)         Subsection (1)(b) operates subject to the following qualifications:

            (a)         a nominee of a body corporate must be an officer of the body corporate; and

            (b)         a nominee of a group must be a member of the group, or an officer of a body corporate that is a member of the group; and

            (c)         a body corporate or group cannot nominate more than one person for a particular election; and

            (d)         a body corporate or group cannot nominate a person who has not attained the age of majority.

        (3)         A person is not eligible to be a candidate for election as a member of a council if the person—

            (a)         is a member of an Australian Parliament; or

            (b)         is an undischarged bankrupt or is receiving the benefit of a law for the relief of insolvent debtors; or

            (c)         has been sentenced to imprisonment and is, or could on the happening of some contingency become, liable to serve the sentence or the remainder of the sentence; or

            (d)         is an employee of the council; or

            (e)         is disqualified from election by court order under the Local Government Act 1999 .

        (4)         A person is not eligible to be a candidate for election as a member of a council if the person—

            (a)         in the case of a supplementary election—is a member of another council; or

            (b)         in the case of any election—is a candidate for election as a member of another council.

        (5)         In this section—

"prescribed person" means a person who has held office as a member of a council at any time between 5 May 1997 and the commencement of this section.



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