South Australia: Electoral Act 1985 (SA)

South Australia Electoral Act 1985 An Act to regulate the conduct of parliamentary elections; and for other purposes. Contents 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 Multiple 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 60A Voting tickets Subdivision 3—Ballot papers generally 61 Form of ballot papers 62 Printing of descriptive information on ballot papers 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 Method of voting at elections 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—Reviews and Court of Disputed Returns Division 1—Reviews 100 Reviewable decisions 101 Review by Electoral Commissioner or Tribunal 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 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 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 130ZZH Regulations 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: Part 1—Preliminary 1—Short title This Act may be cited as the Electoral Act 1985. 4—Interpretation (1) In this Act, unless the contrary intention appears— abbreviation, in relation to the name of a political party, includes an alternative name of the party; authorised witness means a person (not being a candidate in an election) who is over, or apparently over, the age of 18 years; bribery means an offence against section 109; Commonwealth Act means the Commonwealth Electoral Act 1918 of the Commonwealth; Commonwealth roll means the roll of electors for the State of South Australia kept under section 81 of the Commonwealth Act; counting centre means premises at which the scrutiny of ballot papers is being, or is to be, conducted; declaration ballot paper means the ballot paper of a voter who makes a declaration vote; declaration voting papers, in relation to an election, means— (a) the ballot paper for the election; and (b) an envelope endorsed with a declaration to be made by the voter; election period, in relation to an election, means the period commencing on the issue of the writ for the election and expiring at 6 p.m. on polling day; elector means a person whose name appears on a roll as an elector (not being a person under the age of 18 years who is provisionally enrolled) and includes a person whose name should appear on a roll as an elector but has been, by error, omitted from the roll; electoral advertisement means an advertisement containing electoral matter; the Electoral Commissioner means the person for the time being holding, or acting in, the office of the Electoral Commissioner under this Act; electoral district or district means— (a) in relation to a Legislative Council election—the whole of the State; (b) in relation to a House of Assembly election—a district for the return of a member of the House of Assembly; electoral matter means matter calculated to affect the result of an election; electoral paper means any document or form for use under this Act; electoral roll or roll means an electoral roll kept under this Act; electoral visitor means an electoral visitor appointed by the Electoral Commissioner; general election means a general election of members of the House of Assembly; group means a group of 2 or more candidates nominated for election to the Legislative Council who have their names grouped together on ballot papers in accordance with section 58; group voting square means a square printed on a ballot paper for a Legislative Council election in relation to the candidates included in a group who have requested a group voting square for the purposes of the election under section 58(2)(e); the hour of nomination means 12 noon on the day fixed by a writ for the nomination; how-to-vote card means a card, in the form of a ballot paper, indicating the manner in which a vote should be recorded by a voter; institution means— (a) a hospital; or (b) a convalescent home; or (c) a nursing home; or (d) a home for the aged; or (e) a hostel for the aged or infirm; or (f) a prison or other place of confinement; or (g) an institution of a prescribed kind, or any part of an institution as defined above; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); name, of a candidate for election, includes a name by which the candidate is generally known; officer means a person appointed to an office under this Act or assisting the Electoral Commissioner in the administration of this or any other Act or engaged by the Electoral Commissioner under this Act; ordinary vote means a vote that is not a declaration vote; organisation means an incorporated or unincorporated association, group or organisation (including an association, group or organisation that constitutes a branch or division of a larger association, group or organisation); political party means an organisation of which an object or activity is the promotion of the election to the House of Assembly or the Legislative Council of a candidate or candidates endorsed by it; polling booth means a building, structure, vehicle or enclosure or part of a building, structure, vehicle or enclosure, for taking votes at an election; polling place means a place appointed as a polling place under this Act; registered name, in relation to a registered political party, means the name of the party, or an abbreviation of the name of the party, entered in the Register of Political Parties under Part 6; registered officer, in relation to a registered political party, means the person shown on the Register of Political Parties as the registered officer of that party and includes a person nominated by that registered officer as his or her deputy; registered political party means a political party registered under Part 6; registered voting ticket means a voting ticket lodged under section 60A; Register of Political Parties means the register of political parties kept under Part 6; remote subdivision means a subdivision declared by the Electoral Commissioner under section 15 to be a remote subdivision; returning officer includes an assistant returning officer; scrutiny of ballot papers includes the counting of the votes recorded on ballot papers; subdivision means a subdivision of a district and, in relation to a district that is not divided into subdivisions, means the whole of the district; to publish includes to authorise, cause or permit to be published; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; undue influence means an offence against section 110; voting papers, in relation to an election, means any ballot paper or declaration voting papers required by an elector for the purpose of voting at the election; voting ticket means a written statement of a particular order in which a voter might allocate preferences in an election, being a statement for use under this Act in interpreting the votes of voters who, in relation to a House of Assembly election, do not indicate an order of preference covering all candidates; writ means a writ for an election. (2) For the purposes of this Act, an organisation endorses a candidate in an election if a part of the organisation, or some other organisation of which the organisation is part, endorses the candidate in the election. Part 2—Administration Division 1—The Electoral Commissioner and Deputy Electoral Commissioner 5—Appointment of Electoral Commissioner and Deputy Electoral Commissioner (1) The Governor may— (a) on a recommendation made by resolution of both Houses of Parliament, appoint a person to be the Electoral Commissioner; and (b) appoint a person to be the Deputy Electoral Commissioner. (2) On a vacancy occurring in the office of Electoral Commissioner, the matter of inquiring into and reporting on a suitable person for appointment to the vacant office is referred by force of this subsection to the Statutory Officers Committee established under the Parliamentary Committees Act 1991. (3) Neither the Electoral Commissioner nor the Deputy Electoral Commissioner may, without the consent of the Minister, engage in any remunerative employment outside the functions and duties of their respective offices. 6—Acting appointments (1) If— (a) the office of Electoral Commissioner is temporarily vacant or the Electoral Commissioner is absent from the duties of his or her office; and (b) the office of Deputy Electoral Commissioner is vacant or the Deputy Electoral Commissioner is unavailable to act in the office of the Electoral Commissioner, the Governor may appoint a suitable person (who may, but need not, be a Public Service employee) to act in the office of the Electoral Commissioner. (2) If the office of Deputy Electoral Commissioner is temporarily vacant, or the Deputy Electoral Commissioner is absent from the duties of his or her office, the Governor may appoint a suitable person (who may, but need not, be a Public Service employee) to act in the office of Deputy Electoral Commissioner. 7—Remuneration and conditions of office (1) The Electoral Commissioner and the Deputy Electoral Commissioner hold office, subject to this Act, on terms and conditions determined by the Governor. (2) The Electoral Commissioner and the Deputy Electoral Commissioner are entitled to the remuneration determined by the Remuneration Tribunal in relation to the respective offices. (3) A salary determined by the Remuneration Tribunal for the Electoral Commissioner or the Deputy Electoral Commissioner cannot be reduced by subsequent determination during the term of office of the Electoral Commissioner or the Deputy Electoral Commissioner (as the case may be). (5) The Electoral Commissioner and Deputy Electoral Commissioner are employees within the meaning and for the purposes of the Superannuation Act 1988. (6) A person appointed as Electoral Commissioner is so appointed for a term expiring on the day on which he or she attains the age of 65 years. (6a) A person appointed after the commencement of this subsection as Deputy Electoral Commissioner is so appointed for a term expiring 1 year after polling day of the general election second occurring after the person's appointment under this section and, at the expiration of a term of appointment, is eligible for reappointment. (7) The Governor may remove the Electoral Commissioner or Deputy Electoral Commissioner from office on presentation of an address from both Houses of Parliament praying for his or her removal. (8) The Governor may suspend the Electoral Commissioner or Deputy Electoral Commissioner from office on the ground of incompetence or misbehaviour and, in the event of such a suspension— (a) a full statement of the reason for the suspension must be laid before Parliament within 3 sitting days if Parliament is then in session or, if not, within 3 sitting days of the commencement of the next session of Parliament; and (b) if within 12 sitting days of the statement being laid before Parliament no address praying for removal of the Electoral Commissioner or Deputy Electoral Commissioner is presented to the Governor under subsection (7), he or she must be restored to office, but if such an address is presented, he or she may be removed from office. (9) The office of the Electoral Commissioner or Deputy Electoral Commissioner becomes vacant if— (a) he or she dies; (b) he or she resigns his or her office by written notice addressed to the Governor, or his or her term of office expires; (c) in the case of the Electoral Commissioner—having reached the age of 55 years, he or she retires from office by written notice addressed to the Governor; (d) he or she is removed from office under subsection (7) or (8); (e) he or she is convicted of an indictable offence or sentenced to imprisonment for an offence; (f) he or she becomes a member, or a candidate for election as a member, of the Parliament of the State, the Commonwealth, or any other State of the Commonwealth; (g) he or she becomes, in the opinion of the Governor, physically or mentally incapable of satisfactorily carrying out his or her functions and duties. (10) The Electoral Commissioner and the Deputy Electoral Commissioner may only be removed or suspended from office as provided in this section. (11) Subject to this section, the office of— (a) the Electoral Commissioner; and (b) the Deputy Electoral Commissioner, may not become vacant. Division 2—The powers and functions of the Electoral Commissioner and the Deputy Electoral Commissioner 8—Powers and functions of the Electoral Commissioner (1) The Electoral Commissioner— (a) is responsible to the Minister for the administration of this Act; (b) is responsible for the proper conduct of elections in accordance with this Act; (c) is responsible for the carrying out of appropriate programmes of publicity and public education in order to ensure that the public is adequately informed of their democratic rights and obligations under this Act; (d) is empowered— (i) to conduct and promote research into electoral matters; (ii) to publish the results of such research and other material on electoral matters. (1a) The Electoral Commissioner must, where relevant in the carrying out of the Electoral Commissioner's functions under this Act, promote and encourage the casting of votes at a polling booth on polling day. (2) The Electoral Commissioner— (a) has the powers and functions conferred on or assigned to him or her under this Act or any other Act; and (b) may, with the permission of the Minister, carry out any other statutory or non-statutory functions on terms and conditions approved by the Minister. 9—Delegation (1) The Electoral Commissioner may delegate any of his or her powers or functions under this or any other Act. (2) A delegation under this section— (a) may be absolute or conditional; and (b) does not prevent the Electoral Commissioner from acting personally in any matter; and (c) is revocable at will. 10—Duties of the Deputy Electoral Commissioner The Deputy Electoral Commissioner— (a) must perform such duties as the Electoral Commissioner may direct; and (b) must, if the office of the Electoral Commissioner is temporarily vacant or the Electoral Commissioner is absent or unavailable to discharge the duties of his or her office, act in the office of the Electoral Commissioner. Division 3—Staff of the Electoral Commissioner 12—Staff (1) The Electoral Commissioner's staff consists of— (a) Public Service employees assigned to assist the Commissioner; and (b) persons employed by the Commissioner, on terms and conditions determined by the Commissioner, for the purposes of an election or otherwise on a temporary basis as required for the administration of this or any other Act. (2) A person employed under subsection (1)(b) is to be remunerated in accordance with a scale of fees and allowances fixed by the Minister. 13—Candidates and persons holding official positions in political parties not to be electoral officers (1) No candidate or person holding an official position in a political party may be appointed as an officer. (2) If an officer becomes a candidate, or accepts an official position in a political party, his or her office or position is vacated. Part 3—Electoral districts and subdivisions Division 1—Electoral districts 14—Electoral districts (1) For the purposes of this Act— (a) the whole of the State constitutes the Legislative Council electoral district; and (b) the State is divided into House of Assembly electoral districts in accordance with the Constitution Act 1934. (2) Each House of Assembly electoral district constitutes a division of the Legislative Council electoral district. (4) If a by-election is to be held in a House of Assembly electoral district— (a) the district will be taken to be as it existed at the previous general election of members of the House of Assembly; and (b) the electoral rolls must be prepared for the purposes of the by-election accordingly. Division 2—Electoral subdivisions 15—Electoral subdivisions (1) The Electoral Commissioner may, by notice published in the Gazette— (a) divide an electoral district into subdivisions; or (b) alter the boundaries of a subdivision; or (c) abolish a subdivision. (2) The Electoral Commissioner may appoint an electoral registrar in respect of one or more subdivisions. (3) The Electoral Commissioner may, by notice published in the Gazette— (a) declare a particular subdivision to be a remote subdivision; or (b) revoke a declaration under paragraph (a). Division 3—District returning officers 16—The district returning officers (1) There must be a returning officer for the Legislative Council district. (2) In respect of each House of Assembly district there must be— (a) a returning officer (who must be deputy returning officer for the corresponding Legislative Council division); and (b) such assistant returning officers as the Electoral Commissioner thinks fit. 17—Duty to assist public Each returning officer must keep a supply of the forms required for the purposes of this Act, and assist the public in their proper use. Division 4—District polling places 18—Polling places (1) Each district must have such polling places as the Electoral Commissioner thinks fit. (2) The Electoral Commissioner may, by notice published in the Gazette— (a) appoint such polling places for a district as he or she thinks fit; or (b) abolish a polling place. (3) No polling place may be abolished during an election period unless the Electoral Commissioner is of the opinion that it would be impracticable to take the poll at that polling place. (4) When a writ is issued for an election in a district, the Electoral Commissioner must, between the date of the issue of the writ and polling day, give public notice by advertisement in a newspaper circulating generally throughout the State of the position of all polling places for the district. Part 4—Electoral rolls Division 1—District and subdivisional rolls 19—District and subdivisional rolls (1) There must be an electoral roll for each district. (2) The electoral roll for a district consists of the rolls for the various divisions or subdivisions of the district. Division 2—Information to be contained in rolls 20—Information to be contained on the roll (1) Subject to this section, a roll must contain the following information in relation to each elector enrolled on that roll: (a) the surname; and (b) the Christian or given names; and (c) the address of the principal place of residence; and (d) such further particulars as may be prescribed. (2) The place of residence of an elector whose place of residence is suppressed from the roll under this Division must not be shown on a roll. 21—Suppression of elector's address (1) Where an electoral registrar is satisfied that the inclusion on a roll of the address of an elector's place of residence would place at risk the personal safety of the elector, a member of the elector's family or any other person, he or she may suppress the address from the roll. (2) If a person's address has not been included on, or has been deleted from, the Commonwealth roll under section 104 of the Commonwealth Act, the person's address must be suppressed from any roll under this Act. Division 3—Revision of the rolls 22—Revision of the rolls Where— (a) a new district or a new subdivision is created; or (b) the boundaries of an existing district or subdivision are altered, the rolls must be revised accordingly. 23—Rolls to be kept up to date The electoral registrars must keep the rolls under revision by— (a) adding the names of electors entitled to be enrolled in accordance with Part 5; (b) removing the names of deceased electors; (c) correcting mistakes and omissions in the rolls; (d) registering changes of name; (e) bringing up to date particulars appearing in the rolls; (f) in relation to a person who is enrolled on the Commonwealth roll—reflecting any change under the Commonwealth Act in relation to that enrolment. Division 4—Keeping, printing and inspection of the rolls 24—Rolls to be kept by computer The rolls may be kept by computer. 25—Printing of rolls A roll must be printed whenever the Electoral Commissioner or the Minister so directs. 26—Inspection and provision of rolls (1) Copies (whether in printed or electronic form) of the latest prints of the rolls must be available for inspection without fee— (a) at the office of the Electoral Commissioner; and (b) at the offices of the electoral registrars; and (d) at such other places as the Electoral Commissioner determines. (1a) A person may only inspect a copy of the roll available for inspection under subsection (1) if the person— (a) provides the person's name and address to the Electoral Commissioner; and (b) if requested to do so by the Electoral Commissioner, produces evidence of the correctness of the name or address as provided in a form determined by the Commissioner; and (c) complies with conditions (if any) prescribed by the regulations. (2) The Electoral Commissioner must, on request— (a) provide a member of the House of Assembly with an up‑to‑date copy of the electoral roll for the member's district; (b) provide a member of the Legislative Council with an up‑to‑date copy of the electoral roll for the Legislative Council district; (c) provide the registered officer of a registered political party with an up‑to‑date copy of any electoral roll for any district; (d) provide a person who is a nominated candidate in an election with an up‑to‑date copy of the electoral roll for— (i) in the case of a person who is a candidate in an election for a House of Assembly district—that district; or (ii) in the case of a person who is a candidate in a Legislative Council election—the Legislative Council district. (3) If, in accordance with an electoral redistribution under the Constitution Act 1934, the area of a House of Assembly district (the relevant district) will, from the day on which a general election of members of the House of Assembly is next held, be altered to include any part of the area of another House of Assembly district, the Electoral Commissioner must, on request, provide an up‑to‑date copy of the electoral roll for that other House of Assembly district to— (a) the current House of Assembly member for the relevant district; (b) any person who is a nominated candidate for an election in the relevant district. (4) The following provisions apply in connection with the operation of subsections (2) and (3): (a) a request under subsection (2) may be made on the basis that a copy of the relevant roll (or rolls) will be provided on a monthly basis (and the Electoral Commissioner is not required to provide a roll to a particular person (or registered political party) more frequently than once in each month); (b) a copy of a roll may be provided in electronic form (as determined by the Electoral Commissioner); (c) a copy of a roll must be provided without the requirement to pay a fee. (5) If a copy of the roll is provided to a person under this section, a person who uses that copy of the roll, or information contained in that copy of the roll, for a purpose other than— (a) the carrying out of functions of a member of the Parliament of the State or the Commonwealth or a council constituted under the Local Government Act 1999; or (b) the distribution of matter calculated to affect the result of a State, Commonwealth or local government election or purposes related to the holding of such elections, is guilty of an offence. Maximum penalty: $10 000. Division 5—Power to require information 27—Power to require information (1) The Electoral Commissioner may, by notice in writing, require— (a) an agency or instrumentality of the Crown, or any other prescribed authority; or (ab) any public sector employee; or (b) a local governing body, or any officer of a local governing body; or (c) the occupier of residential premises; or (d) the proprietor or person in charge of an institution, to provide him or her with information required in connection with the preparation, maintenance or revision of the rolls. (1a) The regulations may provide that subsection (1) does not apply to— (a) a particular agency or instrumentality of the Crown, prescribed authority, or public sector employee; or (b) specified information or material in the possession or control of an agency, instrumentality, authority, body or person. (2) A person who fails to provide information required under this section within the time allowed in the notice is guilty of an offence. Maximum penalty: $250. Division 5A—Provision of certain information 27A—Provision of certain information (1) The Electoral Commissioner may, on application by a prescribed authority, provide the authority with any information in the Electoral Commissioner's possession about an elector. (2) The Electoral Commissioner may, on application by a person of a prescribed class, provide the person with any of the following information about an elector: (a) the elector's sex; (b) the elector's place of birth; (c) the elector's date of birth. (4) The Electoral Commissioner— (a) may provide information under this section subject to conditions notified in writing to the authority or person to whom the information is given; and (b) may charge a fee (to be fixed by the Electoral Commissioner) for providing information. (5) An authority or person who contravenes or fails to comply with a condition under subsection (4)(a) is guilty of an offence. Maximum penalty: $10 000. (6) A fee is not payable under subsection (4)(b) if the person to whom the information is provided is a Member of Parliament or is a nominated candidate for an election. Division 6—Joint Commonwealth-State arrangements 28—Collaboration with the Commonwealth (1) The Governor may arrange with the Governor-General of the Commonwealth— (a) for the preparation, alteration or revision of the rolls; or (b) for the carrying out of functions related to the preparation, alteration or revision of the rolls, jointly by the Commonwealth and the State. (2) Where any such arrangement is in force, the rolls may contain— (a) names and particulars of persons who are enrolled as electors of the Commonwealth but not as electors of the State, provided that those persons who are not enrolled as electors for the State are clearly differentiated; (b) distinguishing marks against the names of persons enrolled as State electors but not as Commonwealth electors to show that they are not enrolled as Commonwealth electors; (c) any other particulars in addition to those required by this Act to be included in the rolls, and those names, marks and particulars are not, for the purposes of this Act, to be regarded as part of the rolls. Part 5—Enrolment Division 1—Entitlement to enrolment 29—Entitlement to enrolment (1) A person is entitled to be enrolled on the roll for a subdivision if— (a) the person— (i) has attained the age of 18 years; and (ii) — (A) is an Australian citizen; or (B) is a person who by virtue of his or her status as a British subject was, at some time within the period of 3 months commencing on 26 October 1983, enrolled under the repealed Act as an Assembly elector or enrolled on an electoral roll maintained under a law of the Commonwealth or a Territory of the Commonwealth; and (iii) has his or her principal place of residence in the subdivision and has lived at that place of residence for a continuous period of at least 1 month immediately preceding the date of the claim for enrolment; and (iv) is not of unsound mind; or (b) the person is properly enrolled on the Commonwealth roll, other than under section 100 of the Commonwealth Act, in respect of an address in the subdivision. (2) A person is entitled to provisional enrolment on the roll for a subdivision if— (a) the person— (i) has attained the age of 16 years; and (ii) would, if he or she had attained the age of 18 years, be entitled to be enrolled on the roll for that subdivision under subsection (1); or (b) the person is properly enrolled on the Commonwealth roll under section 100 of the Commonwealth Act in respect of an address in the subdivision. (3) No person is entitled to be at the same time enrolled for more than one subdivision. (4) Where a person is imprisoned within the State, it will be presumed, for the purposes of this Act, that the prisoner's principal place of residence is— (a) the place that constituted the prisoner's principal place of residence immediately before the commencement of the imprisonment; or (b) if— (i) the prisoner, or a parent, spouse, domestic partner or child of the prisoner who was residing with the prisoner immediately before the commencement of the imprisonment, acquires during the term of imprisonment some other place of residence in lieu of the place referred to in paragraph (a); (ii) the prisoner intends to reside at that new place of residence on release from prison; (iii) the prisoner elects to be enrolled in respect of that place, that place; or (c) if— (i) there is no place of residence in the State in respect of which the prisoner may be enrolled under paragraph (a) or (b); and (ii) the prisoner has been sentenced to imprisonment for 2 years or more— the place at which the prisoner is imprisoned. (5) A prisoner will, for the purposes of the provisions of this Act relating to enrolment, and entitlement to vote, be taken to reside at the place that constitutes the prisoner's principal place of residence under subsection (4). (6) In this section— domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; spouse—a person is the spouse of another if they are legally married. Division 2A—Itinerant persons 31A—Itinerant persons (1) A person may apply for enrolment under this section if the person— (a) is in South Australia and has lived in South Australia for a continuous period of 1 month prior to the date of the application for enrolment; and (b) qualifies for enrolment under section 29(1)(a)(i), (ii) and (iv) but does not qualify for enrolment under section 29(1)(a)(iii) because he or she does not have a fixed place of residence (whether within the State or elsewhere). (2) An application under this section— (a) must be made to the Electoral Commissioner in a form approved by the Electoral Commissioner; and (b) must be signed. (3) If the Electoral Commissioner is satisfied that a person has made a valid application in accordance with subsections (1) and (2)— (a) the person is entitled to be enrolled as an elector under this Act despite the provisions of Division 1; and (b) a further claim for enrolment need not be made under Division 3; and (c) the Electoral Commissioner will cause the name of the person to be entered on the roll— (i) for the subdivision for which the person last had an entitlement to be enrolled; or (ii) if the person has never had such an entitlement, for a subdivision for which any of the person's next of kin is enrolled; or (iii) if neither subparagraph (i) nor subparagraph (ii) applies, for the subdivision in which the person was born; or (iv) if none of subparagraphs (i), (ii) and (iii) applies, the subdivision with which the person has the closest connection. (4) The Electoral Commissioner may, in connection with the operation of subsection (3), include on the roll an address in the subdivision that is to be taken to be the person's principal place of residence for the purposes of this Act and any other Act or law relating to enrolment under this Act. (5) The Electoral Commissioner will also annotate the roll so as to indicate that the person is enrolled under this section. (6) While a person is the subject of an annotation under subsection (5), the person is entitled (despite any other provision of this Act)— (a) to have his or her name retained on the roll for the relevant subdivision; and (b) to vote as an elector for that subdivision. (7) Despite a preceding subsection, the Electoral Commissioner will not deal with an application under this section received between the time on which rolls for an election in the relevant district close and polling day for that election. (8) If an application under this section is rejected, the Electoral Commissioner must take reasonable steps to notify the applicant in writing— (a) of the rejection of the application; and (b) of the reason for its rejection; and (c) of the applicant's rights under this Act to seek a review of the decision. (9) If a person who is enrolled under this section— (a) qualifies for enrolment with respect to a place of residence under section 29(1)(a)(iii); or (b) forms the intention to leave South Australia and to remain outside the State for a continuous period of at least 1 month, the person must, as soon as practicable, give notice to the Electoral Commissioner in a form approved by the Electoral Commissioner. (10) A person ceases to be entitled to be enrolled under this section if— (a) the person gives notice under subsection (9); or (b) the person fails to vote at a general election while enrolled under this section; or (c) the Electoral Commissioner becomes aware that the person— (i) has qualified for enrolment with respect to a place of residence under section 29(1)(a)(iii); or (ii) has ceased to be entitled to be enrolled under this Act (otherwise than with respect to the operation of section 29(1)(a)(iii)); or (iii) has remained outside the State for a continuous period of at least 1 month. (11) If a person ceases to be entitled to be enrolled under this section, the Electoral Commissioner will remove the person's name, and the relevant annotation, from the roll (but may then, if relevant, re‑enter the name in accordance with any entitlement that exists apart from this section). (12) A person who falls within the ambit of subsection (10) may make a new application under this section if or when he or she again qualifies under the terms of subsection (1). Division 3—Compulsory enrolment and transfer 32—Making of claim for enrolment or transfer of enrolment (1) Subject to this Division, a person who is entitled to be enrolled for any subdivision, whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll for that subdivision must, within 21 days from the date on which the person became so entitled, make a claim in accordance with this Act for enrolment or for transfer of enrolment (as the case may require). (1a) A claim for enrolment or the transfer of enrolment— (a) must be made in a manner and form approved by the Electoral Commissioner; and (b) must be made to an electoral registrar. (2) Subsection (1) does not apply to a person who is entitled to be enrolled in accordance with section 29(2) or 31A. (3) A person who fails, without proper excuse, to make a claim for enrolment or transfer of enrolment in accordance with this section is guilty of an offence. Maximum penalty: $75. (4) Proceedings for an offence against subsection (3) may not be commenced after a claim for enrolment or transfer of enrolment (as the case may require) has been made. 32A—Notification of transfer within the same subdivision (1) Subject to section 32B(4), an elector whose principal place of residence changes from one address to another within the same subdivision must, within 21 days of the change, notify an electoral registrar of the address of the elector's current principal place of residence. (2) An elector who fails, without proper excuse, to give a notification under this section is guilty of an offence. Maximum penalty: $75. (3) Proceedings for an offence against subsection (2) may not be commenced after an appropriate notification has been given. 32B—Enrolment or transfer of enrolment (1) Where a claim for enrolment or transfer of enrolment made in accordance with section 32(1a) is received at the office of an electoral registrar, the electoral registrar must— (a) if satisfied of the validity of the claim—enrol the claimant or transfer the enrolment of the claimant, in accordance with the claim; or (b) if not satisfied of the validity of the claim—reject the claim. (2) No enrolment may— (a) be made on the roll for a subdivision; or (b) be transferred from or to the roll for a subdivision, on the basis of a claim received at the office of an electoral registrar or by operation of subsection (4) between the time on which rolls for an election in the relevant district close and polling day for that election. (3) Where a claim is rejected, the electoral registrar must notify the claimant in writing— (a) of the rejection of the claim; and (b) of the reasons for its rejection; and (c) of the claimant's rights under this Act to seek a review of the decision. (4) If a person is enrolled on the Commonwealth roll and the person's address recorded on that roll is an address in a subdivision— (a) the person is, for the purposes of this Act, to be taken— (i) in the case of a person enrolled on the Commonwealth roll under section 100 of the Commonwealth Act— (A) to have made a claim for enrolment; and (B) to be provisionally enrolled; and (ii) in any other case— (A) to have made a claim in accordance with this Act, or given notice under section 32A (as the case requires); and (B) to be enrolled as an elector for the subdivision for the purposes of this Act; and (b) the particulars on the Commonwealth roll in relation to the person are, with such modifications (if any) as an electoral registrar considers necessary for the purposes of Part 4 of this Act, to be taken to be the particulars in relation to the person on the roll for the subdivision, unless the electoral registrar is satisfied that the person's particulars on the roll for the subdivision are more up‑to‑date than his or her particulars on the Commonwealth roll. Division 4—Objections 33—Right of objection (1) Any elector may object to— (a) the enrolment of a particular person as an elector; or (b) the enrolment of a particular person on the roll for a particular subdivision; or (c) the enrolment of a particular person on the roll for a subdivision in respect of a particular address. (2) An electoral registrar, if of the opinion that a person whose name appears on a roll for a subdivision— (a) should not be enrolled as an elector; or (b) should not be enrolled on the roll for that subdivision; or (c) should be enrolled on the roll for that subdivision but in respect of a different address, will object to the enrolment. (3) An objection— (a) must be in a form approved by the Electoral Commissioner; and (b) must set out the grounds on which the objection is made; and (c) in the case of an objection under subsection (1)—must be accompanied by a deposit of $2. (4) A deposit under subsection (3)(c) must be returned to the objector on determination of the objection unless the electoral registrar is of the opinion that the objector had no reasonable grounds for making the objection, in which case it will be forfeited to the Crown. 34—Elector to have opportunity to be heard on objection (1) Subject to subsection (2), where an objection is made under this Division, the electoral registrar must afford the person to whose enrolment the objection relates a reasonable opportunity to answer the objection. (2) If, in the opinion of the electoral registrar, an objection is frivolous or vexatious, he or she may reject the objection without notifying the person to whose enrolment the objection relates. 35—Determination of objection (1) When a person has been afforded a reasonable opportunity to answer an objection under this Division, the electoral registrar may, after considering the answer (if any) made to the objection— (a) reject the objection; or (b) uphold the objection and, according to the nature of the case— (i) remove the name of the person to whom the objection relates from the roll; or (ii) transfer the enrolment of the person to whom the objection relates to the roll for the appropriate subdivision; or (iii) change the address in respect of which the person to whom the objection relates is enrolled. (2) No name may be removed from a roll in pursuance of this section between the time at which the rolls for an election in the relevant district close and polling day for that election. (3) Where a decision is made on an objection under this section, the electoral registrar must give written notice to the person to whose enrolment objection is taken and, if the objection was not made by the electoral registrar, the objector, of— (a) the decision made on the objection; and (b) the reasons for that decision; and (c) if applicable, the rights of the person to whom the notice is given to seek a review of the decision. Part 6—Registration of political parties 36—Definitions and related provisions (1) In this Part, unless the contrary intention appears— eligible political party means— (a) a parliamentary party; or (b) a political party (other than a parliamentary party) whose membership includes at least 200 electors; parliamentary party means a political party at least 1 member of which is— (a) a member of the Parliament of South Australia; or (b) a Senator for the State of South Australia; or (c) a member of the House of Representatives chosen in the State of South Australia; secretary, in relation to a political party, means the secretary or chief administrative officer (however described) of the party. (2) For the purposes of this Part, two political parties will be taken to be related if— (a) one is a part of the other; or (b) both are parts of the same political party. (3) For the purposes of this Part, 2 or more political parties cannot rely on the same person for the purpose of qualifying or continuing to qualify as an eligible political party. (4) The following provisions apply in connection with the membership requirements for political parties: (a) a person who is relied on by 2 or more political parties may nominate the party entitled to rely on the person, but if a party is not nominated after the Electoral Commissioner has, in accordance with the regulations, given the person an opportunity to do so, the person is not entitled to be relied on by any of those parties; (b) the registration of a party is not to be cancelled because of the provisions of this section unless the party is given an opportunity by the Electoral Commissioner, in accordance with the regulations, to change the person or persons on whom it relies. 37—Registration of political parties Subject to this Part, an eligible political party may be registered under this Part. 38—Register of Political Parties (1) The Electoral Commissioner must establish and maintain a register, to be known as the Register of Political Parties, (the Register) setting out a list of the political parties that are registered under this Part. (2) The Register must be open for public inspection, without fee, during ordinary office hours, at the principal office of the Electoral Commissioner. 39—Application for registration (1) An application for the registration of an eligible political party may be made to the Electoral Commissioner by the secretary of the party, or any other person authorised by the party to make the application. (2) An application for the registration of an eligible political party must be in writing, signed by the applicant, and must— (a) set out the name of the party; and (b) if the party wishes to be able to use an abbreviation of its name for the purposes of this Act—set out that abbreviation; and (c) set out the name and address of the person who is to be the registered officer of the party for the purposes of this Act and contain a specimen signature of that person; and (d) set out the name and address of the applicant and particulars of the capacity in which the applicant makes the application; and (e) be accompanied by a copy of the constitution of the party; and (f) in the case of a party that is not a parliamentary party— (i) set out the names and addresses (as enrolled) of 200 electors who are members of the party and on whom the party relies for the purpose of qualifying as an eligible political party; and (ii) be accompanied by declarations of membership of the party (in the form determined by the Electoral Commissioner) completed and signed by the members on whom the party relies for the purpose of qualifying as an eligible political party; and (g) in the case of a parliamentary party— (i) set out the name and address of the member on whom the party relies for the purpose of qualifying as an eligible political party; and (ii) be accompanied by a declaration of membership of the party (in the form determined by the Electoral Commissioner) completed and signed by the member on whom the party relies for the purpose of qualifying as an eligible political party; and (h) be accompanied by a $500 application fee (which is not refundable). 40—Order in which applications are to be determined (1) Subject to this section, applications for registration of political parties must be determined in the order in which they are received by the Electoral Commissioner. (2) If within the period of 3 months immediately following the commencement of this Part applications are received by the Electoral Commissioner for registration of parliamentary and other political parties, the applications in respect of parliamentary parties must be determined before the others. (3) If, during the period of 6 months immediately preceding the day on which a general election must be held under section 28(1) of the Constitution Act 1934, an application is received by the Electoral Commissioner for registration of a political party, that application must not be determined until after the general election. 41—Publication of notice of application (1) Where an application for registration is lodged with the Electoral Commissioner, the Electoral Commissioner must publish notice of the application in the Gazette and in a newspaper circulating generally in the State. (2) A notice under subsection (1) in relation to an application must— (a) set out— (i) particulars of the name of the party and of any abbreviation of that name that the party desires to use for the purposes of this Act; and (ii) the name of the applicant; and (b) invite any elector who desires to object to the application to submit a written objection, containing particulars of the grounds of the objection, to the Electoral Commissioner within 1 month after the date of the publication of the notice in the Gazette. (3) An objection submitted to the Electoral Commissioner in response to an invitation under subsection (2)— (a) must be signed by the objector; and (b) must set out the postal address of the objector. 42—Registration (1) After considering all objections to an application for registration of a political party submitted under this Part, the Electoral Commissioner must determine the application. (2) An application for the registration of a political party must be refused if, in the opinion of the Electoral Commissioner, the name of the party or the abbreviation of its name (if any) that it wishes to be registered— (a) comprises more than 6 words; or (b) is obscene; or (c) is the name, or is an abbreviation or acronym of the name, of another political party (not being a related political party) that is a parliamentary party or a registered political party; or (d) so nearly resembles the name, or an abbreviation or acronym of the name, of another political party (not being a related political party) that is a parliamentary party or a registered political party that it is likely to be confused with or mistaken for that name, abbreviation or acronym; or (e) comprises or contains the word "Independent". (3) An application for the registration of a political party may be refused if, in the opinion of the Electoral Commissioner the name of the party, or the abbreviation (if any) of the name, that it wishes to be registered— (a) is the name, or an abbreviation or acronym of the name, of a prominent public body, or so nearly resembles the name, or an abbreviation or acronym of the name, of a prominent public body that it is likely to be confused with that name, abbreviation or acronym; or (b) comprises or contains a word or set of words— (i) that constitute a distinctive aspect or part of the name of another political party (not being a related political party) that is a parliamentary party or a registered political party; or (ii) that so nearly resemble a distinctive aspect or part of the name of another political party (not being a related political party) that is a parliamentary party or a registered political party that it appears that that distinctive aspect or part of that name is being adopted by the political party applying for registration. Note— For example, the underlined words constitute distinctive aspects or parts of the names of political parties: Australian Democrats (South Australian Division Inc) Australian Labor Party (South Australian Branch) The Liberal Party of Australia (SA Division) The National Party of Australia (SA) Inc No Pokies Campaign Inc. (3a) Subsection (3)(b) does not apply if the applicant for registration provides the Electoral Commissioner with a declaration (in the form determined by the Electoral Commissioner) that has been signed by a person authorised by the relevant parliamentary party or registered political party (as the case may require) and states that the party consents to the use of the particular word or set of words. (4) Where a writ for an election has been issued, a political party must not be registered during the election period. (5) Where the Electoral Commissioner decides that a political party should be registered, he or she must— (a) register the party by entering in the Register— (i) the name of the party; and (ii) if an abbreviation of the name of the party was set out in the application—that abbreviation; and (iii) the name and address of the person who has been nominated as the registered officer of the party for the purposes of this Act; and (b) give written notice to the applicant that he or she has registered the party; and (c) if any person or persons submitted objections to the application—give written notice to the objector or objectors that he or she has registered the party, setting out in the notice to each objector the reasons for rejecting the objection; and (d) publish in the Gazette notice of the registration of the party. (6) Where the Electoral Commissioner decides that an application for the registration of a political party should be refused, he or she must give the applicant written notice of— (a) the refusal; and (b) the reasons for the refusal; and (c) the rights of the applicant to seek a review of the decision of the Electoral Commissioner. 42A—Registered officers (1) A registered political party must have a registered officer. (2) The registered officer and any deputy registered officer of a registered political party must be an elector. (3) If a registered officer of a registered political party ceases to be an elector, he or she ceases to be the registered officer of the party. (4) A registered political party must not be without a registered officer for a period longer than one month. Maximum penalty: $750. Expiation fee: $105. (5) A registered political party must, within one month after any change in the identity or address of its registered officer, give notice in writing to the Electoral Commissioner containing details of the change. Maximum penalty: $750. Expiation fee: $105. (6) It is a defence to a charge of an offence against subsection (4) or (5) for the registered political party to prove that the matters alleged against it did not arise from a failure by the party to exercise proper diligence. 43—Changes to Register (1) Where a political party is registered under this Part, an application may be made to the Electoral Commissioner, by the registered officer of the party, or any other person authorised by the party to make the application, to change the Register by— (a) changing the name of the party to a name specified in the application; (b) if an abbreviation of the name of the party is entered in the Register—changing that abbreviation to an abbreviation specified in the application; (c) if an abbreviation of the name of the party is not entered in the Register—entering in the Register an abbreviation of the name of the party, being an abbreviation specified in the application. (2) An application under subsection (1) must be dealt with in the same way and determined by reference to the same principles as an application for registration of a political party. 43A—Annual returns and other inquiries (1) The registered officer of a registered political party must, by 30 September each year, furnish to the Electoral Commissioner a return as to the party's continued eligibility for registration under this Part in the form prescribed by the regulations. (2) A return under subsection (1) must be accompanied by any documents required under the regulations. (3) A return is not required under subsection (1) if the party has been registered for less than 6 months before the return is due to be furnished. (4) The Electoral Commissioner may at any time, by notice in writing, require a registered officer of a registered political party to provide such information as is specified in the notice for the purpose of determining whether the party is still eligible to be registered under this Part. 44—Voluntary de-registration (1) A political party that is registered under this Part must be de-registered by the Electoral Commissioner if an application for de-registration is made to the Electoral Commissioner by the registered officer or some other person authorised by the party to make the application. (2) An application under subsection (1) must— (a) be in writing, signed by the applicant; and (b) set out the name and address of the applicant and particulars of the capacity in which he or she makes the application. (3) Where a political party is de-registered under subsection (1), that party