Electoral Act 1882 (SA)

ANNO QUADRAGESIMO QUINTO ET QUADRAGESIMO

SEXTO

VICTORIZ REGINB.

A.D. 1882.

No. 242.

An Act to amend "The Electoral Act, 1879.'' LL&dm I P ~ L

p pi* A t 'ec -4

[Assented to, August ~ o t h, 1882.1 &* ,+.

W HEREAS it is expedient to amend " The Electoral Act, 187 9,"	p-bie.
so far as regards the election of members to serve in the Legis- lative Council of the Province of South Australia-Be it therefbre Enacted by the Governor of the said province, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:
1, Section 7 of "The Electoral Act, 1879," is, and so far as regards the election of members to serve in the Legislative Council, sections
49, 50, 62, 65, and 66 are hereby repealed.

2. In the construction of this Act the words Legislative Council Inteqmtntjon,

District" shall mean any one of the four electoral districts for the election of members for the Legislative Council into which the province is divided by the " Constitution Act Further Amendment Act, 1881," or any Act now or hereafter to be passed amending the same; and the words " Returning Officer for the Legislative Council" shall mean any one of the Returning Officers to be appointed under section 14 of the said Act,

3, Every District Returning Officer appointed under '' The District R e i d

Electoral Act, 1879," shall also be a Deputy Returning Officer ~ ~; ; J ~ ~ u r n ~ L I g

for that portion of the province included in the electoral district Officorfmportion ot

for the election of members for the Legislative Council within "proyhceb

which the district for which he is Eeturning Officer is situated,

242 4. o n

45O & 46' VICTORIE, No. 242.

The Electoral Amendment Act.-1882.

D U ~ J of Returning 4. On the receipt of any writ for the clection of a member or

O5cer for 1.egislative

Council on receipt of	members to serve in the Legislative Council, the duty of the Ec-
writ.	turning Officer for the Legislative Council shall be as follows-

I. He shall indorse thereon thc date of its receipt:

11. He shall forthwith forward n copy of the writ to the Deputy Returning Officers for cach division in the Lcgislative Council district for which smh writ is issued, who shall indorse on such copy the date of its receipt:

111. He shall also cause to be printed and pul.>lislled a noticc stating the receipt of the writ, the day and place of nomi- nation, the date of the polling day, the names of the polling-places, and the names of the Deputy Returning Officers fur each such division, and shall forwaid suficierlt copies of such notice to thc said Deputy Returning Officers, who shall forthwith causc the notices so for- warded to them to be published and circulated within their respective divisions, at such places and in such. manner as they shall think necessary.

Placea of 6. The places of nomination for the four electoral districts for the election of members for thc Legislative Council shall be those men- tioned in the Schedule hereto, and nwnbered respectivcly 1,2,:3, and 4.

6, At noon on the day of nomination the Returning Officer for

candidates for Legle- be given." the Legislative Council dial1 attend at the place of kornination,

lative Council. and there publicly produce the sevcral nomination papers he shall have then received, and givc noticc of the names of the persons nominated.

allot-boxes to be	7,	At the close of the voting each presiding officer shall, with the
delivered to District

Returning oracerr	lemt delay possible, cause thc ballot-boxes to be delivered to the District Ke turning Officers, who shall preside at and conduct
the scrutiny in the manncr directed by the sixty-fourth section of
'' The Electoral Act, 1879."
Certificate for number

of votes to be for- 8, The Uistrict Returning Officer shall, immediately after the

warded to Returning result of the poll within his division has been ascertained, return to

Officer for Le~isbtive the Returning Officer for the Legislativc Council the copy of the

Council. writ hereinbefore referrcd to, with a statcmcnt indorsed thereon of

the number of votes polled for each candidate, and such statement

shall be certified as correct by the District Returniug Officer.

Returning Officer for I). On receipt of the copies of the writ, certified as aforesaid, the

to Returning Officer for the Legislativc Council shall forthwith ascer-

declzrrc poll and

I eturn writ. tain the total number of votes polled for each candidate in the Legislative Council district to which the election relates, and shall, at the place of nomination, as soon as conveniently may be, publicly declare the result of the election, and shall return the name or names of the person or persons elected, by indorsement on the writ, and shall forward such writ to the Governor within the time by which the same is made returnable. 10. The

4 5 O & 46" VICTORIE, No. 242.

The Electoval Amendment A c t. 1 8 8 2,

of " The Elcctoral Act, 1879," and therein declared to be portions of divisions reserved. 10. The electoral rolls for the scveral divisions made in pursuance Electoral rolls for

the electoral roll of the province, shall continue to be the electural rolls for such divisions, and shall form portions of the electoral roll for the Legislative Council district within which such divisions are included; and all the provisions of the said Blectoral Act relating to the insertion of aclclitiond names on the electoral roll of the province, and to the rernoval of any ilames from such roll, shall apply to the electoral roll for each Legislative Council district, in like manner as such provisions have heretofore been applied to the electoral roll of the province; and the proc~dure relating to the transfer of the name of any person from one division to any other division shall and may bc exercised within the limits of the Legis- lative Council district in which such person resides, or into which he may have removed, in like mttniler as it has been heretofore exer- cised within the limits of the province when constituting only onc district; and the persons whose names shall have been added to or transferred to the electoral rolls of any Legislative Council district shall bc entitled to vote for such district.

11. For each Legislative Council district there shall be such rolling-placeare-

polling-places as are i n existence within the respective boundaries of

nerved.

such districts at the time when this Act is passed, and such other polling-places as may from time to time be lawfully appointed: Provided that nothing herein contained shall be held to limit the authority vested in the Governor by virtue of any Act now in force, or hereafter to be passed, to declare that any of such polling places shall cease to be polling-places, and to direct at which other polling- places elcctors are to record their votes.

12. Section 27 of '' The Electoral Act, 1879," shall be read and ~menammt of

construed as if the words " for the Legislative Council district within ~ ~ 2 ~ ~ ~ ~ ~ k ~ t 9 d 1 ~ ~, q '

" which such division is included " had been inserted in the last line

but one thereof in lieu of the words " of the said province for such

division "; and section 40 of a The Xlectoral Act, 1879," shall be

read and construed as if the words Legislative Council district "

had been inserted in the tenth line thereof, in lieu of the word

province."

13. Exccpt so far as the same are inconsistent with the pro- Incorporation.

visions of this Act, G The Xlectoral Act, 1879," and thc Act No. 183

of 1880, being an Act to amend "The Electoral Act, 1879," shall be

incorporated and read herewith as forming one Act.

14. This Act may be cited as '' The Electoral Amendment Act, short title.

1882,"

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

The Electoral Amendment Act.- 1882.

SCHEDULE.

Places of Nomination for Rlectoral Districts fw Members of the Legislative

Council.

No. Name of District. Place of Nomination.

l

1 Central Electoral District. .. .. .. .. . Corporation Acre, City of Adelaide

2 Southern Electoral District ,. ,. . .. . Strathalbyn

3 I North-Eastern Electoral District. . .. Kapunda.

1 / Northern Electoral District. . . .. . .. Port Pirie.

W, Adelaide : By