Electoral Act 1893 (SA)

ANNO QUINQUAGESIMO SEXTO ET QUINQUAGESIMO

SEPTIMO

A.D. 1893.

No. 583.

An Act to amend the Laws relating to the Election of Members to servc in Parliament, and for other purposes.

[Assented to, December 23rd, 1893 .l

it Enacted by the Governor of the Province of South Aus- ind House of Assembly of the said province, in this present Parlia- BE tralia, with the advice and consent of the Legislative Council

ment assembled, as follows:

l, The expression " electoral expenses " shall mean and inclttde Definition of expres-

personal expenses of a candidate in travelling and attending electoral	all payments, including any pecuniary or other reward (other than tgenyt~~tOral
meetings) made by a candidate, or on his behalf and with his know-
ledge, and any money, security, or equivalent of money reccived
by a candidate six months before, during, or six months after an election for, on account of, or in respect of the conduct or manage- ment of the election.

2, No electoral expense shall be incurred by or or1 behalf of a Limit onoanLli~te's

candidate except in respect of the matters mentioned in Part I. of eqenditure.

the First Sc,hedule hereof, and no electoral expense by or on behalf

of a candidate shall be in excess of any maximum amount in that

behalf specified in Part 11. of such Scheduie.

3, Any candidate who knowingly acts in contravention of the Penalty.

preceding section shall be guilty of an illegal practice.

4. (1) All money provided by any person other than a candidate Mode of making

for any electoral expense, whether as a gift, loan, advance, or de- payments.

posit, shall bc paid to the candidate, and not otherwise.

583 P} A

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The Electoral Law Amendment Act.-1893.

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(2) A pcrson who makes any payment, advance, or deposit,, in

contravention of this section shall be guilty of an illegal practice.

Payments to be

vouched for.	5. Every payment made by any candidate, or on his behalf, in respect of any elcctoral expense shall, except where less than Forty Shillings, be vouched for by a bill stating the particulars and by a receipt.
Candidates to trane-.

mit an account of 6. (1) Within twenty-one days after the day on which the

election expensee. declaration of the poll shall take place, every candidate at that election shall transmit to the Returning Officer of the province a true return in the form set forth in the Second Schedule to this Act, or to the like effect, containing, as respects the candidate-

(a ) A statement of all electora'l expenses, t~gethcr with all bills

and receipts respecting the same:

( b ) A statement of all disputed and unpaid claims of which the

candidate is aware:

(c) A statement of all money, securities, and equivalents of money received by the candidate for the purpose of electoral expenses, with a statement of the name of every person f'rom whom the same may have been received.

Accounta to be

verified.	(2) The return so transmitted to the Returning Officer shall be accompanied by a declaration made by the candidate before a Justice of the Peace, in the form of the Third Schedule of this Act; and any candidate who shall fail to comply with the provisions of this section shall be guilty of an illegal practice.
Penalty for false
statement in	7. If any pcrson shall wilfully make any false statement in any declaration required to be made by this Act he shall be guilty of a misdemeanor, and be liable to imprisonment for any period not exceeding two years.
declaration.

Exouse for non- 8. Where the return and declaration have not; been transmit-

comdiance with

~ro;ision as to retun tenby a s~ceessfuI	candidate or, being transmitted, contain some error
and declaration.

or false statement, then, if the candidate applies by petition to the Court of Disputed Returns, which is hereby authorised to inquire into the matter, and shows that the failure to transmit such return and declaration, or either of them, or any part thereof, or any error or false statement therein, has arisen by reason of his illness, or by reason of inadvertence, or of any reasonable cause of a like nature, and not by reason of any want of good faith on his part, then the Court may make such order permitting such accounts to be trans- mitted or to be corrected as to the Court seems just, and may acquit such candidate of an illegal practice.

(2) Section 96 of the Electoral Act, relating to the presenting of petitions to the Court of Disputed Returns as to complaints of the undue return of members, is hereby amended by the substitution of the words twenty-eight days for the words twentyone days wherever they occur therein. 9. The

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The Electoral Law Amelzdment A c t. 1 8 9 3.

Q. The return and declaration (including the accompanying Returnopento Inspection.

documents) sent to the Returning Officer shall, at all reasonable times during three months next after they are received, be open for inspection by any person on payment of a fee of Two Shillings; and the Returning Officer shall, at any time during which such return is open for inspection, furnish copies thereof, or any part thereof,

at the price of Six Pence for every seventy-two words.

] 0, Any person who induces or procures any other person to Corruptly becoming

become or withdraw from being a candidate at an election in con- being a	or withdrawing from
sideration of any palymeilt or promise of payment to such candidate, shall be guilty of an illegal practice, and any person withdrawing in pursuance of such inducement or procurement shall also be guilty of an illcgal practice.

district shall be sold by the Returning Officer of the district at electoral rolls. 11, The last printed copies of the electoral roll of any electoral Fee for copies of

thc price of One Shilling each instead of thc sum of Two Shillings

and Six Pencc, as named in section26 of the Electoral Act of 1879; Rolls to be kept bp

and rolls of a11 electoral districts in the province shall be kept by allReturning0fflcers.

each Returning Officer, and shall be open to inspection by any

elector.

also state whether the claimant is a natural born or naturalised for claime. 12, All claims shall, in addition to the particulars now required, Further particulars

subjcct of Hcr Majesty, and shall have the c1,zimrtnt's signature at

foot.

13, All writs hcrcaf'tcr issucd to Returning Officers for a general Nomination to be

election of members for the House of Assembly shall appoint the fixed for sRme day

samc day for the nomination of all cmdidatcs, and no cantlidatc

shall be nominated for more than one district at the same election.

14, Every person who shall wilfully destroy, mutilate, efface, or J--'en+tyfor hindering publiccrtlon,

remove any notice, 01. list, or other document affixed by any

the same is required by lam to be affixed, shall on summary convic-

Returning Officer or by his authority during the period for which

tion, for every such offence, forfeit m y sum not exceeding Forty

Shillings.

15. ( a ) Every circular, card, bill, placard, or postcr having Nama and address of printer on placards.

reference to a n election, or to any candidate threat, shall bear upon

the face thereof the name and address of the printer thercof, and

the name and address of the pcrson who authorised the printing

of such circular, card, bill, placard, or poster:

Every advertisement having reference to an election, or to any

candidate thereat,, shall bear at the end thereof the name and address

of the person by whom the same was authorised:

(21)

(c) Any person authorising the insertion of, or printing, pub- lishing, or posting, or causing to be inserted, printed, published,

01'

56" & 57" VICTORIAZ, No. 583.

me Electoral Law Amendment Act.-1 893.

or posted, any such advertisement, circular, card, bill, placard, or poster as aforesaid, contrary to this section, shall, if be is the candidate, or the election agent of the candidate, be guilty of an illcgal practice, and if he is not the candidate, or the election agent of the candidate, shall be liable on summary conviction to a fine not exceeding Twenty Pounds, or to imprisonment with or without hard labor for a period of not more than one month.

Time be extended 16. The provisioiis of section 6 of this Act shall, so far as the

in Northern Tenitory. Electoral District of the Northern Ter~.itory is concerned, be read

as if an additional term of six weeks were added to the time limited

for doing any act or thing under this Act.

Penalties for offemea. 17, The commission by any successful candidate of any offence

hereby declared to be an illegal practice, shall, on proof thereof

before the Court of Disputed Returns, be h d d to render void the election of the person committing such offence, and to disqualify him from sitting or voting in Parliarnent for a period of two years, and from voting at any election for members of Parliament for R like period, and his name shall be forthwith rcmoved from thc roll of electors for the district and division in which the same appears.

~uni~hment of illegal 18, Any person, other than a sl~ocessful candidate, guilty of an

practice.

illegal practice shall. on suxnniary conviction, be liable to a fine not

exceeding Fifty Pounrls.

Certificate of etu urn-

ing Officer to be 19. On any prosecution unclcr this Act, the certificate of the

evidence.	Returning Officer that the election melltioned in thc certificate was duly held, and that the person named in the certificate was a candidate at such election, shad1 be evidence of the fkcts therein stated.
Lior;tationofpnecu.

tion. 20. No person shall be liable to any penalty or forfeiture hereby

commenced against such person within threc months after the date of

enacted or imposed, unless somc prosccntioa or proceeding shall be

the election in respect to which such offence shall be committed. and

unless such person shall be summoned, or otherwise served with

process, within such time.

One man one vote 21. No person shall at the same time be registered as an elector

on tile electoral roll of morc than one electoral district, or on the

electoral roll of more than one electoral division, and no person shall be entitled to vote at any election in any district or division except the district or division in which he resides. Any person who shall vote or attempt to vote contrary to the provisions of this section shall be liable on summary conviction to a fine not exceeding Fifty Younds ox to imprisonment, with or without hard labor,

for a period of not more than three months.

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The Electoral Law Amendment Act.-1893.

22, The Eleventh Schedule to The Electoral Act, 1879, is hereby	Amendment of
Eleventh Schedule to

amended by the addition of the following questions to the questions	Electoral Act, 1879.
which may be put to voters:-

Fourth-Are you registered as an elector, on the electoral roll of

any other clectoral division (or district) ?

Fifth-Do you reside within the electoral division (or district)

for which you now claim to vote ?

23,	'l'he Fourth Schedule of	Thc Constitution Act Further	Alteration of chief
~ o t i n g place in

Amendment Act, 1862," is hereby amended by the substitution of	Electoral District of
Minlaton for Edithburgh as the place of nomination and chief voting-	Yorke Peninsula.
place for the Electoral District and IXvision of Pnrke Peninsula, and by the insertion of Edithb~~g.11 amongst the other voting-places in lieu of Minlaton.

24, At every polling-place at which more than one thousand Extra scrutineers may

electors claim to vote a candidate shall bc! entitled to appoint an

be appoiuted.

extra scrutineer for each one tlrousand electors or part of one

thousand electors in excess of the first onc thousand electors.

25, I t shall be lawful for any candidate to attend any meeting Time up to which candidates may

of electors held for electoral purpostls not later than forty-eight	attend meetings.
hours before the opening of the poll.

26, Thc Governor may, by proclamation published in the	Power to provide
other forms of

Governmefit Gaz~tte, provide o~her forms to be used in substitution transfer.

for the forms contained in the Sixth and Eighth Hchedules of	" The
Electoral Act, l8"i."

27, This Act may be cited for all purposes as L ' The Elcctoral Short. t i t~o.

Law Amendment Act, 1893."

28, This Act shall be incorporated with " The Constitution Incorporation.

Act," "The Electoral Act, 1879," and the several Acts amending the same, and read togethcr the re~ i t~h as one Act, and shall come into opcration from and after a day to be fixed by the Governor by Prorlamation in the Government Qaxette.

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

this Bill.

S. J. ;WAY, Lieutenan t-Governor.

SCHEDULES

56" & 57" VICTORIW, No. 583.

The Electoral Law Amendment Act.-1 893,

SCHEDULES REFERRED TO

TIIE FIRST SCHEDTJLE.

PART I.

Section 1. 1. The expenses of printing, advertising, publishing, issuing, and distributing

addresses and notices.

2. The expenses of stationery, messages, postage, and telegrams.

3. The expenses of holdin2 Public meetings, and hiring halls for that purpose.

4. The expenses of committee-rooms.

5. One scrutineer at each voting-place and no more.

6. One agent for any electoral district. *

Maxinzem Scale.

1. For elections to the Housc of Assembly, except in the Northern Territory, the electoral expenses (other thar, personal expenses) shall not in respect of all matters referred to in Part I., items 1 to 6 both inclusive, exceed in the whole the maximum amount, as follows :--

If the number of electors on the register does not exceed 2,000 the maximum amount shall be £100, and if the number of eicctors exceed 2,000, an additional ;El 0 for every 200 electors above '2,000. In the Iclectord District of the Northern Territory the electoral expenses, other than personal expenses, shall not exceed double the above rate.

2. For elections for the Legislative Council the elcctornl expenses other thnu personal expenses, as aforesaid, shall not exceed in the whole the maximum amount as following :-

If the numbor of electors on the register for all tho divisions of thc district d o e ~

not exceed 2,000, the nmximum amount shall be g100. If such number

exceeds 2,000, £10 in addition far every complete 200 above 2,000.

THE SECOND SCHEDULE.

f i rm of Return of Rlectoral Expenses.

bection 6. I, A. B., candidate at the election for the District of

on the day of make the following

return respecting my electoral expenses at the said election :--

RECEIPTS. S S. d.

Received of J. K. ..............................................

[Here set out the name and descr+tion of every person, ~2216, society,

or association, from tohorn any money was received in respect of expenses

incurred. 1

EXPENDTTURE. ;E S. d.

Paid G. H. as agent a t voting-place. ...................

Paid to clerk for days' services. .......

[The names and descriptions of every polling agent and clerk, and the

sum paid to each must be set out separately.1

Paid to the following persons in respect of goods supplied or work and

labor done ................................................

[The name and descr+tion, and the nature of /he goods supplied, or

t;ho work mad &or done by each, must be set out separately.] EXPENDITURS

56" & 57" VICTORIE, No. 583.

The Electoral Law Amendment Act. -1893.

EXPENDITURE-COV&US~. ;E S. d.

Paid hire of rooms for holding public meetings. .....................

Paid hire of rooms for holding committee meetings ..................

Paid for miscellanenus matters. ...................................

[The w m e and descr~tz'on I$ each person to zuhon~ any s u m is pazd,

and the reasoprfor zuhich it was paid to him, must be set out separutely.]

In addition to the above, I am aware of the following disputed and

unpaid claims, viz :-

B y T. U ., for ..................................................

[Here set out the name alzd description of each person whose claim is

disputed, the amount of the claim, and the goods, work, or other matter on

the ground cg which the claim is based.]

Signed, A. B.

THE THIRD SCHEDULE.

Form of Declaration as to Electoral Zxpenses.

1, having been a candidate at the Section 6.

election for the of

on the day of do hereby solemnly and sincerely declare that the return of electoral expenses transmitted by me to the Returning Officer for the province to the best of my knowledge and belief, correct:

And I further solemnly and sincerely declare that, except as appears from that leturn, I have not, and, to the best of my knowledge and belief, no person has made on my behalf any payment, or given, promised, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election:

And I further solemnly and sincerely declare that I have paid the sum of

pounds, and no more, for the purpose of the said election, and that, except as specified in the said return, no money security, or cquivalent for money, has to my knowledge or belief, been paid, advanced, given, or deposited by anyone to any other person for the purpose of defraying any expenses incurred on my behalf on account of or in respect of the conduct or management of the said election.

Signature of declarant, C. D.

Declared by the above-named declarant, on the

day of

(Signed) R. F., Justice of the Peace.

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Adelaide : By authority, G. E. BFL~BTOW, Government Printm, North-terrace,