Electoral (Miscellaneous) Variation Regulations 2017 (SA)
South Australia
Electoral (Miscellaneous) Variation Regulations 2017
under the Electoral Act 1985
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Electoral Regulations 2009
4 Substitution of regulation 6
6 Deposit to be paid on nomination (sections 53 and 53A)
5 Variation of regulation 7—Procedure for lots (sections 59, 60, 93, 95 and 96)
6 Variation of regulation 9—How-to-vote cards (section 66)
7 Insertion of regulation 9A
9A Person entitled to make declaration vote for a reason of a prescribed nature (section 71)
8 Variation of regulation 15—Prescribed requirements for how‑to‑vote cards (section 112A)
9 Insertion of regulation 21B
21B Return in respect of gifts to relevant entities—additional information (section 130ZH)
10 Variation of Schedule 1—Forms
Part 1—Preliminary
1—Short title
These regulations may be cited as the Electoral (Miscellaneous) Variation Regulations 2017.
2—Commencement
These regulations will come into operation on the day on which section 4 of the Electoral (Legislative Council Voting and Other Measures) Amendment Act 2017 comes into operation.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Electoral Regulations 2009
4—Substitution of regulation 6
Regulation 6—delete the regulation and substitute:
6—Deposit to be paid on nomination (sections 53 and 53A)
(1)For the purposes of sections 53(2)(b) and 53A(2)(b) of the Act, a deposit of the prescribed amount in respect of a candidate nominating for election as a member of the House of Assembly or the Legislative Council is to be paid in the following manner:
(a)by banker's cheque; or
(b)by electronic funds transfer of the amount into an ADI account specified by the Electoral Commissioner.
(2)For the purposes of paragraph (b) of the definition of prescribed amount in sections 53(11) and 53A(6) of the Act, the amount of $3 000 is prescribed.
5—Variation of regulation 7—Procedure for lots (sections 59, 60, 93, 95 and 96)
Regulation 7(2)—delete subregulation (2) and substitute:
(2)A lot must be carried out, subject to any necessary modifications, in the manner described in subregulations (4) to (7) (inclusive) to make a determination in respect of the marking of a ballot paper in relation to a House of Assembly election required by section 93(3)(d)(i) of the Act.
6—Variation of regulation 9—How-to-vote cards (section 66)
Regulation 9(1)—delete subregulation (1) and substitute:
(1)For the purposes of section 66(2) of the Act, the following requirements apply to a how‑to‑vote card submitted for inclusion in posters under section 66(1)(a) of the Act:
(a)the card must—
(i)if a candidate is contesting a seat in the Legislative Council—be no larger than 65 mm in length and 145 mm in width; and
(ii)if a candidate is contesting a seat in the House of Assembly—be no larger than 150 mm in length and 90 mm in width; and
(iii)contain the following information:
(A)the words "how‑to‑vote";
(B)the name of the candidate, group of candidates or all candidates;
(C)the name and address of the person who authorised the card, which must appear at the bottom of the card;
(D)if the card is to be distributed in printed form—the name and address of the printer;
(b)if the card relates to a House of Assembly election, the card must contain—
(i)the name of the district being contested; and
(ii)—
(A)immediately before the surname of all candidates contesting the election, numbers surrounded by a square indicating the order of preference the candidate recommends for each candidate; or
(B)if the candidate to whom the card relates has lodged a voting ticket under section 60A of the Act—immediately before the surname of that candidate, the number "1" surrounded by a square, together with a statement to the effect that the elector must express a preference for all other candidates as the elector sees fit;
(c)if the card relates to a Legislative Council election—
(i)in the case of a card submitted by or on behalf of a group of candidates who have requested a group voting square under section 58 of the Act—the card must contain either or both of the following:
(A)—
•the number "1" surrounded by a group voting square adjacent to the name or description of a group, and (if the group submitting the card wishes) further numbers (which must be consecutive and commence with the number "2") surrounded by other group voting squares that appear on the card; and
•a statement to the effect that the elector may express preferences for other groups as the elector sees fit;
(B)immediately before the surname of all candidates whose names appear on the card, numbers surrounded by a square indicating the order of preference the group recommends for each of those candidates, together with a statement to the effect that an elector must express a preference for at least 12 candidates; or
(ii)in any other case—the card must contain, immediately before the surname of all candidates whose names appear on the card, numbers surrounded by a square indicating the order of preference the candidate recommends for each of those candidates, together with a statement to the effect that an elector must express a preference for at least 12 candidates;
(d)the card may contain the following information:
(i)the name or an abbreviation of the name of the registered political party (or composite name if there is more than 1 such party) supporting the candidate or group of candidates;
(ii)in relation to a candidate or group of candidates, the description "Independent" or such description followed by not more than 3 words; and
(e)the card may be submitted in electronic form.
7—Insertion of regulation 9A
After regulation 9 insert:
9A—Person entitled to make declaration vote for a reason of a prescribed nature (section 71)
For the purposes of section 71(2)(b)(vii) of the Act, an elector who is precluded from voting at a polling booth by reason of the elector being a resident of any of the following correctional institutions is entitled to make a declaration vote:
(a)Adelaide Remand Centre;
(b)Port Augusta Prison;
(c)Yatala Labour Prison.
8—Variation of regulation 15—Prescribed requirements for how‑to‑vote cards (section 112A)
Regulation 15(3)—delete subregulation (3) and substitute:
(3)For the purposes of section 112A(2)(a) and (b) of the Act, the following provisions apply to a how‑to‑vote card lodged under that subsection:
(a)the card may be lodged in electronic form;
(b)the card must contain the following information:
(i)the words "how‑to‑vote";
(ii)if the card is lodged by or on behalf of a candidate or group of candidates—the name of the candidate, group of candidates or all candidates;
(iii)the name and address of the person who authorised the card, which must appear at the bottom of the card;
(iv)if the card is to be distributed in printed form—the name and address of the printer;
(c)if the card relates to a House of Assembly election, the card must contain—
(i)the name of the district being contested; and
(ii)—
(A)immediately before the surname of all candidates contesting the election, numbers surrounded by a square indicating the order of preference the candidate recommends for each candidate; or
(B)if the candidate to whom the card relates has lodged a voting ticket under section 60A of the Act that is identical to a card submitted by or for the candidate under section 66 of the Act—immediately before the surname of that candidate, the number "1" surrounded by a square, together with a statement to the effect that the elector must express a preference for all other candidates as the elector sees fit;
(d)if the card relates to a Legislative Council election—
(i)in the case of a card lodged by or on behalf of a group of candidates who have requested a group voting square under section 58 of the Act—the card must contain either or both of the following:
(A)—
•the number "1" surrounded by a group voting square adjacent the name or description of a group, and (if the group lodging the card wishes) further numbers (which must be consecutive and commence with the number "2") surrounded by other group voting squares that appear on the card; and
•a statement to the effect that the elector may express preferences for other groups as the elector sees fit;
(B)immediately before the surname of all candidates whose names appear on the card, numbers surrounded by a square indicating the order of preference the group recommends for each of those candidates, together with a statement to the effect that an elector must express a preference for at least 12 candidates; or
(ii)in any other case—the card must contain, immediately before the surname of all candidates whose names appear on the card, numbers surrounded by a square indicating the order of preference the candidate recommends for each of those candidates, together with a statement to the effect that an elector must express a preference for at least 12 candidates.
9—Insertion of regulation 21B
After regulation 21A insert:
21B—Return in respect of gifts to relevant entities—additional information (section 130ZH)
In accordance with section 130ZZH(2)(a) of the Act, a return required to be furnished to the Electoral Commissioner under section 130ZH of the Act must indicate the name and address of the person making the gift to the relevant entity.
10—Variation of Schedule 1—Forms
Schedule 1, Form 1—delete Form 1 and substitute:
Form 1
Schedule 1, Form 1A—delete Form 1A and substitute:
Form 1A
Schedule 1, Forms 3 to 7—delete Forms 3 to 7 (inclusive) and substitute:
Form 3
Form 4
Form 5
Form 6
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 12 December 2017
No 329 of 2017
AGO0134/17CS
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