South Australia: Local Government (Elections) Act 1999 (SA)

South Australia Local Government (Elections) Act 1999 An Act to regulate the conduct of local government elections; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Objects 4 Preliminary Part 2—Elections and polls to be held Division 1—Elections 5 Periodic elections 6 Supplementary elections 6A Filling vacancy in certain circumstances 7 Failure of election in certain cases 8 Failure or avoidance of supplementary election Division 2—Polls 9 Council may hold polls Part 3—Electoral officers 10 The returning officer and deputy returning officer 11 Appointment of other electoral officers 12 Responsibilities of returning officer and councils 13 Costs and expenses 13A Information, education and publicity for general election Part 4—Enrolment 14 Qualifications for enrolment 15 Voters roll Part 5—Entitlement to vote 16 Entitlement to vote Part 6—Entitlement to stand for election and nomination Division 1—Entitlement to stand for election 17 Entitlement to stand for election Division 2—Nomination 18 Call for nominations 19 Manner in which nominations are made 19A Publication of candidate profiles 20 Questions of validity 21 Publication etc of valid nominations 22 Ability to withdraw a nomination 23 Close of nominations 24 Multiple nominations 25 Uncontested elections 26 Notices Part 7—Electoral material 27 Publication of electoral material 28 Publication of misleading material Part 8—Preparation for an election or poll Division 1—Elections 29 Ballot papers 30 Appointment of place for counting votes 31 Special arrangements for issue of voting papers 32 Scrutineers Division 2—Polls 33 Ballot papers 34 Appointment of a place for counting votes 35 Special arrangements for issue of voting papers 36 Scrutineers Part 9—Voting generally 37 Postal voting to be used 38 Notice of use of postal voting 39 Issue of postal voting papers 40 Procedures to be followed for voting 41 Voter may be assisted in certain circumstances 41A Assisted voting 42 Signature to electoral material 43 Issue of fresh postal voting papers 44 Security of votes Part 10—Method of voting 45 Method of voting at elections 46 Method of voting at polls Part 11—Counting of votes Division 1—Arranging voting papers 47 Arranging postal papers Division 2—Counting and declaration of results in elections 48 Method of counting and provisional declarations 49 Recounts 50 Declaration of results and certificate 51 Collation of certain information Division 3—Declaration of results in polls 52 Provisional declarations 53 Recounts 54 Declaration of results and certificate Division 4—Other matters 55 Computer counting 55A Filling vacancy if successful candidate dies 56 Retention of voting material Part 12—Illegal practices 57 Violence, intimidation, bribery etc 58 Dishonest artifices 59 Interference with statutory rights 60 Exception 61 Persons acting on behalf of candidates not to assist voters or collect voting papers 62 Unlawful interference with computer programs 63 Secrecy of vote 64 Unlawful declaration or marking of ballot papers 65 Conduct of officers 66 Conduct of scrutineers Part 13—Disputed returns 67 Constitution of the Court 68 The clerk of the Court 69 Jurisdiction of the Court 69A Electoral Commissioner may lodge petition 70 Procedure upon petition 71 Powers of the Court 72 Certain matters not to be called in question 73 Illegal practices and orders that may be made 74 Effect of decision 75 Participation of council in proceedings 76 Right of appearance 77 Reference of question of law 78 Costs 79 Rules of the Court Part 14—Campaign donations Division 1—Returns 80 Returns for candidates 81 Campaign donations returns 81A Large gifts returns 81B Disclosure period etc for returns 82 Certain gifts not to be received 83 Inability to complete return 84 Amendment of return 85 Offences 86 Failure to comply with Division Division 2—Public access to information 87 Public inspection of returns 88 Restrictions on publication Division 3—Related matters 89 Requirement to keep proper records 90 Related matters Part 15—Miscellaneous 91 Elected person refusing to act 91A Conduct of council during election period 92 Electoral Commissioner may conduct investigations etc 92A Forms 93 Regulations Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Local Government (Elections) Act 1999. 3—Objects The objects of this Act are— (a) to provide for periodic and other local government elections; and (b) to provide for the qualifications of voters for the purposes of local government elections and for the preparation and maintenance of voters rolls; and (c) to provide for the qualifications and duties of candidates in local government elections; and (d) to provide for a system of voting, and for the counting of votes, at local government elections; and (e) to provide for local government polls; and (f) to provide for the administrative framework for local government elections and polls; and (g) to regulate various practices associated with local government elections and polls. 4—Preliminary (1) In this Act, unless the contrary intention appears— conclusion of council elections—see Local Government Act 1999 (section 4(2)); the Court means the Court of Disputed Returns constituted under this Act; designated person, in respect of a body corporate or group entitled to be enrolled on the voters roll for an area or ward, means a natural person, of or above the age of majority, who is— (a) in the case of a body corporate—an officer of the body corporate who is authorised to act on behalf of the body corporate for the purposes of voting; or (b) in the case of a group—a member of the group, or an officer of a body corporate that is a member of the group, who is authorised to act on behalf of the group for the purposes of voting; disposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes— (a) the allotment of shares in a company; and (b) the creation of a trust in property; and (c) the grant or creation of a lease, mortgage, charge, servitude, licence, power or partnership or any interest in property; and (d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or any interest in property; and (e) the exercise by a person of a general power of appointment of property in favour of another person; and (f) a transaction entered into by a person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of another person; District Court means the District Court of South Australia; elector means a person, body corporate or group of persons enrolled on the voters roll for a council; electoral material means an advertisement, notice, statement or representation calculated to affect the result of an election or poll; electoral officer means a person appointed as an electoral officer under this Act and includes the returning officer and deputy returning officer; general election—see Local Government Act 1999 (section 4); gift means a disposition of property made by a person to another person, otherwise than by will, being a disposition made without consideration in money or money's worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration; illegal practice means the commission of an offence against this Act; name, of a candidate for election, includes a name by which the candidate is generally known; officer of a body corporate means a director, manager, secretary or public officer of the body corporate and includes any other person who takes part in the management of the affairs of the body corporate; periodic election means an election to fill offices of a council held pursuant to section 5; polling day—see subsection (2); property includes money; public notice means notice in the Gazette and in a newspaper circulating in the area; returning officer—see section 10; voting material means— (a) ballot papers and other forms of voting papers; and (b) applications for voting papers; and (c) records relating to the issue of voting papers; and (d) declarations made by persons voting or claiming to vote; and (e) voters rolls. (2) A reference in this Act to polling day for an election or poll means— (a) for a periodic election—the day on which voting at the election closes under section 5; (b) for a general election (not being a periodic election) to be held pursuant to a proclamation or notice under the Local Government Act 1999—the day fixed as polling day by the proclamation or notice (being the day on which voting at the election closes); (c) for a supplementary election—the day fixed as polling day for the election under section 6; (d) for a poll—the day fixed by the council as polling day for the poll. (3) For the purposes of this Act, the year in which polling day for an election occurs will be taken to be the year in which the election is held. (4) An election for mayor, an election for a councillor or councillors who are to be representatives for the area as a whole, and an election for a councillor or councillors who are to be representatives of a ward, are each separate and distinct elections. (5) This Act is to be read with the Local Government Act 1999 as if the two Acts together formed a single Act. Part 2—Elections and polls to be held Division 1—Elections 5—Periodic elections Elections to determine the membership of each council must be held in accordance with this Act at intervals of 4 years on the basis that voting at the elections will close at 5 pm on the second to last business day before the second Saturday of November in 2022, at 5 pm on the second to last business day before the second Saturday of November in 2026, and so on. 6—Supplementary elections (1) Subject to this section, if— (a) an election (other than a supplementary election) wholly or partially fails or is declared void; or (b) a casual vacancy occurs in the office of a member of a council, a supplementary election will be held to fill the office or offices not filled by the election, or the office that has become vacant. (2) A supplementary election will not be held to fill a casual vacancy if— (a) the vacancy occurs within 12 months before polling day for— (i) a periodic election; or (ii) a general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy; or (b) — (i) the vacancy is for an office other than mayor; and (ii) the area of the council is not divided into wards; and (iii) — (A) if the council has 9 or more offices (excluding the office of mayor)—there is no more than 1 other vacancy in the office of a member of the council; or (B) in any other case—there is no other vacancy in the office of a member of the council; and (iv) it is a policy of the council at the time the vacancy occurs that it will not fill such a casual vacancy or vacancies until the next general election; or (c) the vacancy— (i) is for an office of a member of the council, other than— (A) mayor; or (B) a member who was declared elected under section 25(1); and (ii) occurs— (A) within 12 months after the conclusion of a periodic election or a designated supplementary election; or (B) after the close of nominations for a designated supplementary election and before the conclusion of that election, (and can be filled in accordance with section 6A) (the subsequent vacancy). (3) However, if— (a) 1 or more vacancies have not been filled due to the operation of subsection (2)(b); and (b) another vacancy occurs in the office of a member; and (c) the other vacancy has not occurred within 12 months before polling day for— (i) a periodic election; or (ii) a general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy, then a supplementary election must be held to fill the vacant offices. (4) If— (a) a casual vacancy has occurred; and (b) a supplementary election is not to be held by virtue of the operation of subsection (2)(b), any subsequent revocation or alteration of a policy of the council in force for the purposes of subsection (2)(b) cannot have effect so as to require the casual vacancy to be filled before the next general election. (4a) If, before the close of nominations for a designated supplementary election, another vacancy (the subsequent vacancy) occurs in the office of a member of the council (other than in the office of mayor), the subsequent vacancy may be filled by the designated supplementary election. (4b) If the subsequent vacancy is to be filled by the designated supplementary election— (a) the returning officer must give public notice that the vacancy will be filled by that election; and (b) the material accompanying the voting papers to be issued under section 39 for the designated supplementary election must advise voters that the vacancy will be filled by that election. (5) Subject to this Act, a supplementary election must be held as soon as practicable after the occasion for the election arises. (6) The returning officer must, by public notice, fix a day as polling day for the supplementary election. (7) A notice under subsection (6) must also fix— (a) a day for the close of the voters roll for the purposes of the election (the closing date); and (b) the time at which voting at the election will close on polling day. (8) In this section— designated supplementary election means— (a) if the area of the council is not divided into wards—a supplementary election held to fill an office or offices of the council; or (b) if the area of the council is divided into wards—a supplementary election held to fill an office or offices of the ward in which the subsequent vacancy has occurred. 6A—Filling vacancy in certain circumstances (1) If— (a) a casual vacancy has occurred; and (b) a supplementary election is not to be held by virtue of the operation of section 6(2)(c), the vacancy will be filled in accordance with this section. (2) For the purposes of subsection (1)— (a) the returning officer must, in accordance with the regulations, determine the candidate— (i) in the most recent election for the relevant office; or (ii) if a supplementary election is not to be held by virtue of the operation of section 6(2)(c)(ii)(B)—in the designated supplementary election referred to in that subsubparagraph, to fill the vacancy (a successful candidate); and (b) the returning officer must ascertain (in such manner as the returning officer thinks fit) whether the candidate who becomes a successful candidate— (i) is still willing to be elected to the relevant office; and (ii) is still eligible to be elected to the relevant office; and (c) — (i) if the person then indicates to the returning officer (within 1 month) that they are so willing and eligible, the returning officer will declare the person elected; or (ii) if the person then indicates to the returning officer (within 1 month) that they are not willing or eligible, or the person does not respond to the returning officer within 1 month, the returning officer must determine the next successful candidate in accordance with the regulations and so on until the vacancy is filled or there are no candidates still willing and eligible to be elected to the relevant office. 7—Failure of election in certain cases (3) If— (a) between the close of nominations and the close of voting— (i) a nominated candidate dies; or (ii) a nominated candidate becomes ineligible to be a candidate for election as a member of a council in accordance with section 17; and (b) the election is to fill one vacancy, the election will be taken to have wholly failed. (4) If between the close of nominations and the close of voting two or more candidates die or become ineligible to be candidates for election as members of a council in accordance with section 17, the election will be taken to have wholly failed. 8—Failure or avoidance of supplementary election (1) If a supplementary election wholly or partially fails or is declared void, the council must appoint a person or persons (being an elector or electors for the area) to the office or offices not filled by the supplementary election. (1a) If the returning officer declares the nominated candidate or candidates elected under section 25 but not all vacancies are filled, the council must appoint a person or persons (being an elector or electors for the area) to the office or offices that remain unfilled. (2) A council must not appoint a person to an office in pursuance of subsection (1) or (1a) unless the person— (a) would, if an election were held to fill the office, be eligible to stand as a candidate for election to the office; and (b) has made a declaration of eligibility in the prescribed form. Division 2—Polls 9—Council may hold polls (1) A council may hold a poll whenever the council considers that it is necessary, expedient or appropriate for a poll to be held. (2) A poll may be held on any matter within the ambit of the council's responsibilities, or as contemplated by the Local Government Act 1999. (3) The council must fix a day as polling day for the poll by notice published on the council website. (4) A notice under subsection (3) must also fix a day for the close of the voters roll for the purposes of the poll (the closing date). (5) The returning officer of a council will conduct all polls of the council. (6) Voting at a poll will close at the time determined by the returning officer. Part 3—Electoral officers 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. 11—Appointment of other electoral officers (1) The returning officer may engage electoral officers to assist in the conduct of an election or poll. (2) A deputy returning officer may, with the approval of the returning officer, engage electoral officers to assist in the conduct of an election or poll. (3) No member of a council, or candidate for election as a member of a council, may be engaged as an electoral officer for that council. (4) The returning officer or a deputy returning officer may, by instrument in writing, delegate to an electoral officer powers or functions under this Act. (5) A delegation under subsection (4)— (a) is subject to conditions and limitations specified in the instrument of delegation; and (b) does not prevent the returning officer or a deputy returning officer from acting in a matter; and (c) is revocable at will. (6) In any legal proceedings, an apparently genuine document purporting to be a certificate signed by the returning officer or a deputy returning officer containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof of those particulars. 12—Responsibilities of returning officer and councils For the purposes of this Act (but subject to any appointments under this Part and the operation of the Local Government Act 1999)— (a) the returning officer is responsible for the conduct of elections and polls; and (b) a council is responsible for the provision of information, education and publicity designed to promote public participation in the electoral processes for its area, to inform potential voters about the candidates who are standing for election in its area, and to advise its local community about the outcome of elections and polls conducted in its area. 13—Costs and expenses All costs and expenses incurred by the returning officer in carrying out official duties must be defrayed from funds of the council. 13A—Information, education and publicity for general election (1) The returning officer may, after consultation with the LGA conducted in such manner as the returning officer thinks fit, arrange advertising (the costs of which are recoverable from councils in accordance with a scheme determined by the returning officer) for the purposes of— (a) informing electors on access to information relating to candidates; and (b) encouraging voting at elections; and (c) informing electors about postal voting and the method of voting; and (d) advising potential electors (other than those referred to in section 14(1)(a)) of the requirement to apply to be enrolled on the voters roll. (2) Each council— (a) must, in a year in which a periodic election is to be held, during the period commencing on 1 January of that year and ending on the day fixed by the returning officer for the close of the roll, inform potential electors in its area (other than those referred to in section 14(1)(a)) of the requirement to apply to be enrolled on the voters roll; and (b) may arrange advertising relating to any matters referred to in subsection (1). Part 4—Enrolment 14—Qualifications for enrolment (1) Subject to this Act1— (a) a natural person is entitled, without application, to be enrolled on the voters roll for an area or ward if that person is enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward; and (ab) a natural person (not being a person referred to in paragraph (a)), who is of or above the age of majority, is entitled, on application to the chief executive officer under this section, to be enrolled on the voters roll for an area or ward if that person— (i) is resident at a place of residence within the area or ward and has been so resident for a continuous period of at least 1 month immediately preceding the date of the application for enrolment; or (ii) is a ratepayer in respect of rateable property within the area or ward and is the sole owner of that rateable property; or (iii) 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, on application to the chief executive officer under this section, 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, on application to the chief executive officer under this section, 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), (ab) or (b), and no member of the group is enrolled on the relevant voters roll under paragraph (a) or (ab)(i) 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. (1a) A natural person is entitled, without application, to provisional enrolment on the voters roll for an area or ward if he or she is provisionally enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward. (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)(ab)(i) 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. (3a) Except as otherwise provided in this Act, the name of a person, body corporate or group must not be added to the voters roll for an area or ward except in accordance with an application for enrolment. (3b) An application for enrolment on the voters roll for an area or ward must— (a) be in a form approved by the returning officer; and (b) be signed and witnessed as required by the returning officer; and (c) be made to the chief executive officer of the council. (3c) If an application for enrolment in respect of an area or ward is received by a chief executive officer, the chief executive officer must enrol the applicant unless— (a) the chief executive officer believes the applicant is not entitled to be enrolled; or (b) — (i) in the case of an application made in respect of an entitlement under subsection (1)(ab)—the natural person is already on the voters roll for the area or ward by virtue of another entitlement to vote; or (ii) in the case of an application made in respect of an entitlement under subsection (1)(b) or (1)(c)—the designated person of the body corporate or group is already on the voters roll for the area or ward (whether as a designated person or by virtue of another entitlement to vote). (6) 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)(ab)(iii) 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). (9) A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this section. Maximum penalty: $10 000. Note— 1 Subsection (1) does not apply to the Crown (see section 302 of the Local Government Act 1999). 15—Voters roll (1) The chief executive officer is responsible for the maintenance of a voters roll for the area. (2) Subject to this section, the voters roll must set out in relation to each person, body corporate or group enrolled— (a) in the case of a natural person—the full name of the person and the address of the person's place of residence; and (b) in the case of a body corporate or group—the full name of the body corporate or group and the full name, residential address and date of birth of the designated person for the body corporate or group; and (c) the address of the place of residence or rateable property (as the case may be) by virtue of which the person, body corporate or group is entitled to be enrolled; and (d) at the option of the person, body corporate or group—an additional address nominated by the person, body corporate or group (in a manner and form determined by the chief executive officer) for the service of postal voting papers under Part 9; and (e) any prescribed particulars. (3) If the chief executive officer is satisfied that the inclusion on the voters roll of the address of the place of residence of a person or the address of a place of residence or rateable property (as the case may be) by virtue of which a person is entitled to be enrolled would place at risk the personal safety of that person, a member of that person's family or any other person, the chief executive officer may suppress the address from the voters roll. (4) If the chief executive officer is satisfied that the address of the place of residence of a person entitled to be enrolled to vote is suppressed from a roll under the Electoral Act 1985, the chief executive officer must also suppress that address from the voters roll. (5) If an area is divided into wards, the voters roll must differentiate the electors enrolled on the roll according to the wards in respect of which they are entitled to vote. (5a) Subject to subsection (5b), the voters roll expires on 1 January in each year in which a periodic election is to be held and a fresh voters roll is to be prepared after 1 January for the purposes of the election. • The effect of subsection (5a) is that voters who must apply under section 14 to be enrolled on the roll are required to lodge fresh applications for enrolment prior to each periodic election. (5b) If a casual vacancy occurs before any time on which the voters roll is to expire under subsection (5a) (the expiry date) but the supplementary election to be held to fill that vacancy will not take place until after the expiry date, for the purposes of the supplementary election, the voters roll is to be taken to continue in existence until the conclusion of the supplementary election. (6) The voters roll must be maintained in a form that allows for the roll to be brought into an up-to-date form (including by the merger of enrolment information for the House of Assembly) within three weeks after the supply of relevant information by the Electoral Commissioner under subsection (10). (7) The voters roll must be brought up-to-date whenever an election or poll is to be held so as to reflect entitlements as they exist— (a) in the case of a periodic election—on a day fixed by the returning officer for the close of the roll; (b) in the case of any other election, or a poll—on a day fixed for the close of the roll by the proclamation or notice fixing polling day for the election or poll. (8) A day that falls within the ambit of subsection (7) will be the closing date for the roll. (9) The closing date must not be less than— (a) in the case of the closing date under subsection (7)(a)—13 weeks before polling day for the relevant election; (b) in the case of the closing date under subsection (7)(b)—8 weeks before polling day for the relevant election or poll. (10) The Electoral Commissioner— (a) must, within 7 days after a closing date; and (b) may, at any other time, supply the chief executive officer with a list of the persons who are, as at the closing date or relevant time, enrolled (including those provisionally enrolled) as electors for the House of Assembly in respect of a place of residence within the area. • A list may be supplied in electronic form, or in another manner agreed between the Electoral Commissioner and the chief executive officer. (11) If the area of a council is divided into wards, the list supplied under subsection (10) must differentiate the electors according to the wards in relation to which they are enrolled. (12) The Electoral Commissioner is entitled to recover as a debt from a council a fee of an amount determined by the Electoral Commissioner for the supply of a list under this section. (13) The voters roll must be brought up-to-date in accordance with the requirements of subsection (7) within four weeks after the relevant closing date. (13a) For the purposes of subsection (13), a voters roll will be taken to have been brought up‑to‑date when copies of the roll are available for public inspection under this section. (14) A council must ensure that copies of the roll are available for inspection (without charge) by the public at the principal office of the council. (15) At any time between the close of nominations and polling day for an election, a nominated candidate for the election is entitled to obtain from the relevant council a copy of the voters roll for the area (and he or she may, during that period, obtain further copies of the voters roll from the council on payment of the fees fixed by the council). (16) The chief executive officer must supply the returning officer with sufficient copies of the voters roll, certified by the chief executive officer, for use at an election or poll. (17) The chief executive officer is not responsible to check the accuracy of a list supplied by the Electoral Commissioner under this section and is entitled to assume that such a list is accurate. (18) The validity of a voters roll is not affected by a misdescription or other error in the roll. (19) A voters roll is conclusive evidence of the entitlement of a person, body corporate or group whose name appears in the roll as an elector to vote at an election or poll at which the roll is used.1 (20) If a copy of the voters 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 the distribution of matter calculated to affect the result of a local government election or a purpose related to the holding of such an election is guilty of an offence. Maximum penalty: $10 000. Note— 1 Part 5 is also relevant to determining entitlements to vote. Part 5—Entitlement to vote 16—Entitlement to vote (1) Subject to subsection (1a), 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. (1a) A natural person is not entitled to vote at an election if— (a) he or she was provisionally enrolled; and (b) he or she is not, as at polling day, of or above the age of majority. (2) A natural person is entitled to vote at an election or poll for a body corporate, or group, which has its name on the voters roll if the natural person is the designated person on the voters roll for the body corporate, or group. (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 (2) as if the error had not occurred. (9) A natural person cannot vote at an election or poll for another natural person pursuant to a power of attorney. (10) A natural person may only vote in 1 capacity at an election or poll (but this clause does not prevent a person voting at 2 or more elections for a council held on the same day). Part 6—Entitlement to stand for election and nomination Division 1—Entitlement to stand for election 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 an Australian citizen; 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; (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; (c) a body corporate or group cannot nominate more than 1 person for a particular election; (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. Division 2—Nomination 18—Call for nominations The returning officer must not later than 14 days before the day on which nominations close for a particular election give public notice stating the vacancies to be filled at the election and inviting nomination of candidates for election to the vacancies. 19—Manner in which nominations are made (1) A person who is eligible to be a candidate for election to an office of a council may nominate (or, in the case of a nominee of a body corporate or group, be nominated) in the prescribed manner as a candidate for election to the office. (2) The nomination must be accompanied by— (a) a declaration of eligibility made by the candidate; and (b) a profile of the candidate that complies with the regulations; and (c) other information and material required by the regulations. (3) A profile under subsection (2) may include a photograph of the candidate (that complies with the regulations). (4) A nomination must be lodged with the returning officer not earlier than 14 days before the day on which nominations close. (5) The returning officer must cause a note to be made of the date and time of the receipt of a nomination form under this section. (6) The returning officer may reject a nomination if in the opinion of the returning officer the name under which the candidate is nominated— (a) is obscene; or (b) is frivolous; or (c) has been assumed for an ulterior purpose. (7) The returning officer must reject a nomination if it appears to the returning officer that the nominated candidate has already been nominated for election to another vacancy (by a nomination lodged with the returning officer) and that the earlier nomination has not been withdrawn before the lodging of the nomination. 19A—Publication of candidate profiles (2) The returning officer must, as soon as is reasonably practicable after the close of nominations (and in any event within 14 days after the close of nominations), cause each candidate's profile supplied under section 19(2)(b) to be published, in accordance with any requirements of the regulations, on the Internet. (4) Despite any other provision of this Act or any other law, a candidate is solely responsible for their profile under section 19(2)(b) and the returning officer, a council or any person involved (whether as an Internet service provider or otherwise) in the administration of the Internet publication referred to in subsection (2) bears no civil or criminal liability with respect to the publication of a profile in accordance with this section. 20—Questions of validity (1) On receipt of a form of nomination, the returning officer must, if of the opinion that there is any matter that might render the nomination invalid, take all reasonable steps to notify the nominated candidate of the matter in order to enable the candidate to address the matter before the close of nominations. (2) A dispute as to the validity of a nomination must be determined summarily by the returning officer. 21—Publication etc of valid nominations The returning officer must, within 24 hours after the close of nominations— (a) provide a council with a list of all valid nominations relevant to the council's area; and (b) publish a list of all valid nominations on the Internet. 22—Ability to withdraw a nomination (1) A nominated candidate may at any time before the close of nominations, by notice given to the returning officer, withdraw the nomination. (2) A body corporate or group of persons who have nominated a candidate under this Part may at any time before the close of nominations, by notice given to the returning officer, withdraw the nomination. 23—Close of nominations Nominations close— (a) in the case of a periodic election—at 12 noon on the sixth Tuesday after the closing day fixed under section 15(7)(a); (b) in other cases—at 12 noon on a day appointed by the returning officer as nomination day, being a day that falls not less than 21 days before polling day for the relevant election. 24—Multiple nominations If, at the close of nominations, it appears that the same person has been nominated for election to two or more vacancies, both or all the nominations are void. 25—Uncontested elections (1) If, after nominations have closed, it appears that the number of candidates nominated to contest the election does not exceed the number of persons required to be elected, the returning officer must declare the nominated candidate or candidates elected. (1a) If— (a) after the close of nominations for a designated supplementary election and before the commencement of the issue of voting papers under section 39(1) for that election, another vacancy occurs in the office of a member of the council (other than in the office of mayor) (the subsequent vacancy); and (b) it appears that the number of candidates nominated to contest the election does not exceed the number of persons required to be elected, the returning officer must declare the nominated candidate or candidates elected. (2) If a candidate is declared elected under subsection (1) or (1a)— (a) in the case of a supplementary election—the election of the candidate takes effect immediately; and (b) in other cases—the election of the candidate takes effect at the conclusion of the relevant elections (see section 4(2) of the Local Government Act 1999). (3) In this section— designated supplementary election has the same meaning as in section 6. 26—Notices (1) The returning officer must, within 16 days of the close of nominations, give public notice and notice in writing to the candidates setting forth— (a) the names of the candidates nominated and the offices for which they were nominated; and (b) the names of any candidates declared elected in pursuance of this Part; and (c) if an election is to be held—the day appointed as polling day for the election; and (d) information on the operation of Part 14. (2) If an election is to be held, a notice given to a candidate under subsection (1) should be accompanied by a statement (in a form determined by the Electoral Commissioner) concerning illegal practices under this Act. Part 7—Electoral material 27—Publication of electoral material (1) A person must not publish electoral material or cause electoral material to be published unless the material contains— (a) the name and address of the person who authorises publication of the material; and (b) in the case of printed electoral material—the name and prescribed information of the printer or other person responsible for undertaking its production. Maximum penalty: $2 500. (1a) If— (a) electoral material is published on the Internet; and (b) the name and address of the person who authorises publication of the material is immediately accessible on the Internet by viewers of the material in accordance with any requirements prescribed by regulation, that name and address need not be contained in the electoral material. (2) If electoral material is published in a newspaper that has been published at intervals of one month or less over a period of at least six months immediately preceding the publication of the electoral material, the name and prescribed information of the printer need not be contained in the electoral material. (3) If electoral material is published in a newspaper as a letter to the editor, it is an offence to publish the material without the name and address (not being a post box) of the writer of the letter. Maximum penalty: $2 500. (4) If electoral material is published on the Internet by a person other than the person who established or controls the Internet site or other platform (or the relevant part of it), the person who established or controls the Internet site or other platform (or the relevant part of it) is not taken to have published the material or caused the electoral material to be published unless that person authorised, whether directly or indirectly, the publishing of the material on the Internet site or other platform. (5) In this section— prescribed information means— (a) if the printer or other person responsible for undertaking production of the printed electoral material has a physical address—that address; or (b) if the printer or other person responsible for undertaking production of the printed electoral material does not have a physical address—the email address or website address of the printer or other person. 28—Publication of misleading material (1) If— (a) electoral material contains a statement purporting to be a statement of fact; and (b) the statement is inaccurate and misleading to a material extent, a person who authorised, caused or permitted the publication of the material (the publisher) is guilty of an offence. Maximum penalty: $5 000. (1a) A person (the relevant person) is not taken to have authorised, caused or permitted the publication of electoral material if it is published by a person other than the relevant person on an Internet site or other platform established or controlled (or partly established or controlled) by the relevant person unless the relevant person authorised, whether directly or indirectly, the publishing of the material on the Internet site or other platform. (2) It is a defence to a charge of an offence against subsection (1) for the defendant to prove— (a) that he or she took no part in determining the contents of the material; and (b) that he or she could not reasonably be expected to have known that the statement to which the charge relates was inaccurate and misleading. (2a) If the Electoral Commissioner is satisfied that published electoral material contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Electoral Commissioner may request the publisher to do 1 or more of the following: (a) withdraw the material from further publication; (b) publish a retraction in specified terms and a specified manner and form, (and in proceedings for an offence against subsection (1) arising from the material, the publisher's response to a request under this subsection may be taken into account in assessing any penalty to which the publisher may be liable). (2b) If the Supreme Court is satisfied beyond reasonable doubt on application by the Electoral Commissioner that published electoral material contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Court may order the publisher to do 1 or more of the following: (a) withdraw the material from further publication; (b) publish a retraction in specified terms and a specified manner and form. (3) This section applies to material published by any means (including radio or television). (4) No action under this section lies against the returning officer with respect to the publication of material provided to the returning officer by a candidate for election under section 19. Part 8—Preparation for an election or poll Division 1—Elections 29—Ballot papers (1) If an election is to be held for an office, a ballot paper showing the names of all candidates for election to that office must be prepared. (2) The names of the candidates in a particular election must be arranged on the ballot paper, one under the other, in an order determined by lot. (3) The drawing of lots for the purposes of subsection (2) must be conducted by the returning officer— (a) in the case of a periodic election—at 4 pm, or as soon as is reasonably practicable after 4 pm; or (b) in any other case—at 12 noon, or as soon as is reasonably practicable after 12 noon, on the day of the close of nominations in the presence of 2 persons who are of or above the age of majority and other persons who may wish to be present. (4) A square must be placed to the left of each name appearing on the ballot paper. (5) A ballot paper must conform with other requirements prescribed by regulation. 30—Appointment of place for counting votes (1) The returning officer must appoint a place for the counting of votes for the purposes of an election. (2) The returning officer must, at least seven days before polling day, give public notice of the place for the counting of votes. (3) In cases of emergency, the returning officer may, without giving public notice under subsection (2), appoint a place for the counting of votes for the purposes of an election in substitution for, or in addition to, a place previously appointed by the returning officer. 31—Special arrangements for issue of voting papers (1) The returning officer may make arrangements for— (a) the delivery of voting papers (whether in printed or electronic form) to persons who reside at, or who attend, a specified institution, a specified part of an institution, or a specified place, and who are entitled to voting papers under this Act; and (b) the attendance of electoral officers at a specified institution, or a specified part of an institution, or a specified place, in order to assist persons in voting and to collect completed voting papers. (2) The returning officer must take reasonable steps to inform candidates and electors of any arrangements made under subsection (1). 32—Scrutineers (1) Each candidate may appoint one or more scrutineers for the purposes of an election. (2) A candidate in an election for the council (including a candidate who has already been declared elected) is not eligible for appointment as a scrutineer. (3) An appointment under this section is ineffective unless the candidate has given notice in writing to the returning officer of the appointment. Division 2—Polls 33—Ballot papers (1) A ballot paper for a poll must be designed to suit voting on the particular proposition to be submitted to electors. (2) The returning officer will be responsible for the design of the ballot paper after consultation with the council. (3) A ballot paper must conform with any requirement prescribed by regulation. 34—Appointment of a place for counting votes (1) The returning officer must appoint a place for the counting of votes for the purposes of a poll. (2) The returning officer must, at least seven days before polling day, give public notice of the place for the counting of votes. (3) In cases of emergency, the returning officer may, without giving public notice under subsection (2), appoint a place for the counting of votes for the purposes of a poll in substitution for, or in addition to, a place previously appointed by the returning officer. 35—Special arrangements for issue of voting papers The returning officer may make arrangements for— (a) the delivery of voting papers (whether in printed or electronic form) to persons who reside at, or who attend, a specified institution, or a specified part of an institution, or a specified place, and who are entitled to voting papers under this Act; and (b) the attendance of electoral officers at a specified institution, or a specified part of an institution, or at a specified place, in order to assist persons in voting and to collect completed voting papers. 36—Scrutineers The council may appoint suitable persons to act as scrutineers for the purposes of a poll. Part 9—Voting generally 37—Postal voting to be used (1) Subject to section 41A, voting at an election or poll will be conducted on the basis of postal voting. (2) Subsection (1) does not prevent— (a) the delivery (whether personal or otherwise) and collection of voting papers under Part 8; or (b) the personal provision and return of voting papers under this Part. 38—Notice of use of postal voting The returning officer must, at least 28 days before polling day for an election or poll, by notice including the prescribed information published in a newspaper circulating in the area, inform electors that voting in the election or poll will be conducted entirely by means of postal voting. 39—Issue of postal voting papers (1) The returning officer must, as soon as practicable after the twenty eighth day before polling day, and in any event not later than 21 days before polling day, issue to every natural person, body corporate or group who or which has their or its name on the voters roll used for the purposes of the election or poll postal voting papers consisting of— (a) a ballot paper (or, in an appropriate case, ballot papers) authenticated to the satisfaction of the returning officer; and (b) an opaque envelope bearing a declaration (in a form determined by the Electoral Commissioner), to be completed by the voter, declaring the voter's date of birth and— (i) that the ballot paper contained in the envelope contains their vote; and (ii) that they have not already voted at the election or poll; and (iii) if the voting papers are issued to a body corporate or group—that they are eligible to vote and are the designated person for the body corporate or group. (2) The declaration under subsection (1) must appear on a tear-off extension to the envelope flap. (3) An envelope used under subsection (1) must be— (a) a pre-paid post envelope addressed to the returning officer; or (b) accompanied by a pre-paid post envelope addressed to the returning officer, and must comply with any prescribed requirement. (4) Postal voting papers must also be issued to any person, body corporate or group of persons whose name does not appear on the voters roll but who claims to be entitled to vote at the election or poll and applies to the returning officer for voting papers not later than 5 pm on the seventh day before polling day. (5) Postal voting papers issued under subsection (4) must also include a declaration (in a form determined by the Electoral Commissioner) for the voter to set out the grounds on which an entitlement to vote is claimed. (6) Postal voting papers issued under this section must be accompanied by an explanatory notice and a set of candidate profiles that comply with the regulations and may be accompanied by other material determined by the returning officer. (7) Postal voting papers may be issued under this section— (a) by giving them to the prospective voter personally; or (b) by sending them by post— (i) to a prospective voter at the appropriate address on the voters roll; or (ii) in the case of a body corporate or group (without limiting any other method of delivery)—to the designated person for the body corporate or group at the address of the designated person on the voters roll; or (iii) in the case of a prospective voter whose name and address do not appear on the voters roll—at some other address of which the returning officer has received notice in a manner determined or approved by the returning officer. (8) The returning officer must keep a record of the electors and other persons to whom voting papers are issued under this section. (9) If postal voting papers are returned because they have not been able to be successfully delivered, the returning officer must retain those voting papers in a secure place.1 (10) The returning officer is not obliged to check the date of birth of a voter, or any other information, provided under this section (but may do so on a selective, random or other basis determined by the returning officer). (11) A vote may be admitted to the count notwithstanding that the voter's date of birth has not been declared (or accurately declared) under this section, or that there has been some other formal defect or error on the part of the voter in complying with the requirements of this section (unless the returning officer is of the opinion that the defect or error is sufficiently significant to warrant the rejection of the vote). (12) The returning officer is not required to issue postal voting papers under this section with respect to a person who the returning officer has reason to believe has died. Note— 1 Fresh voting papers may be subsequently issued under section 43. 40—Procedures to be followed for voting (1) If a person to whom postal voting papers have been issued desires to vote by use of those papers, the following procedure must be followed: (a) the voter must mark his or her vote in the manner prescribed by this Act on the ballot paper supplied; (b) the voter must then fold the ballot paper so as to conceal the vote and place the folded ballot paper in the envelope and seal the envelope; (c) the voter must then ensure that any relevant declaration is signed; (d) the sealed envelope must then be delivered to an electoral officer for the relevant council (by post or personally) not later than the close of voting on polling day. (2) An electoral officer must, on the receipt of voting papers under subsection (1), immediately ensure the security of those voting papers in accordance with directions issued by the returning officer for the purposes of the election or poll. (3) However, an electoral officer may, before taking steps under subsection (2), check relevant information in accordance with instructions issued by the returning officer. 41—Voter may be assisted in certain circumstances (1) Subject to subsection (2), if a person who desires to vote by use of postal voting papers is illiterate or physically unable to carry out a procedure under this Part, a person of the voter's choice (being a person of or above the age of majority) may render such assistance as may be necessary in the circumstances and may, if necessary, vote on behalf of the voter in accordance with his or her directions and complete any declaration on behalf of the voter.1 (2) A person must not act under subsection (1) without first obtaining the approval of the returning officer to do so. (3) An approval under subsection (2)— (a) may be given in such manner as the returning officer thinks fit; and (b) may be given subject to such conditions as the returning officer thinks fit. Note— 1 This section operates subject to section 61. 41A—Assisted voting (1) The regulations may make provision in relation to voting in an election or poll by prescribed electors by means of an assisted voting method. (2) Without limiting the generality of subsection (1), regulations made for the purposes of this section may— (a) determine, or provide for the determination of, 1 or more assisted voting methods and, in relation to each such method, determine, or provide for the determination of, the following: (i) matters related to voting using the assisted voting method, including the provision of assistance to electors using the method, requirements to be followed after an elector has used the method and matters of privacy and secrecy; (ii) the number of places where the assisted voting method is to be available, the location of those places (if relevant) and the days and times at which the method is to be available; (iii) which electors may use the assisted voting method; and (b) require the making of a record of each person who has voted using an assisted voting method; and (c) specify the information that is to be included in a record; and (d) provide for the production of a record of the vote each person has cast, which must not contain any means of identifying the person who cast the vote; and (e) provide for the appointment by the returning officer of officers in relation to the conduct of an assisted voting method; and (f) provide for the application of this Act, or provisions of this Act, in relation to votes cast using an assisted voting method, including the modification of the application of this Act or a provision of this Act in relation to such votes; and (g) make provision for any other matters related to assisted voting. (3) To avoid doubt, nothing in this section (or in regulations made for the purposes of this section) authorises any elector to vote in more than 1 capacity at an election or poll. (4) An assisted voting method must be such that an elector using the method in relation to an election or poll— (a) receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election or poll that the elector would be given if the elector were voting by postal vote under this Part; and (b) is able to indicate a vote in a way that, if the elector were marking a ballot paper, would not be an informal ballot paper. (5) Subject to this section, if an elector votes using an assisted voting method (an assisted vote)— (a) this Act applies (subject to any modifications prescribed under subsection (2)(f)) in relation to an assisted vote as if it were a vote delivered to an electoral officer for the relevant council in a sealed envelope; and (b) the record of the assisted vote produced in accordance with the regulations is to be taken to be a ballot paper for the purposes of this Act; and (c) the requirements of this Act in relation to the elector's right to receive a ballot paper are to be taken to have been satisfied. (6) The returning officer may, by notice in the Gazette, determine that an assisted voting method is not to be used either generally or at 1 or more specified places. (7) A notice under subsection (6) must specify the election or poll in respect of which the determination applies. (8) In this section— prescribed elector means a sight‑impaired elector or an elector of a class prescribed by the regulations for the purposes of this definition; sight‑impaired elector means an elector whose sight is impaired such that the elector is unable to vote without assistance. 42—Signature to electoral material If a person who is unable to sign his or her name in writi