Electoral Regulations 2024 (SA)

South Australia

Electoral Regulations 2024

under the Electoral Act 1985

Part 1Preliminary1Short title

These regulations may be cited as the Electoral Regulations 2024.

2Commencement

These regulations come into operation on the day on which they are made.

3Interpretation

In these regulations—
Act means the Electoral Act 1985.

4Forms

(1)
The forms in Schedule 1 are prescribed for use for the purposes indicated in the form.
(2)
For the purposes of Legislative Council elections—
(a)
Form 2 must be used where there are 20 or less groups of candidates and individual candidates to be printed on the ballot paper; and
(b)
Form 3 must be used where there are more than 20 groups of candidates and individual candidates to be printed on the ballot paper.

Part 2Electoral rolls5Provision of certain information

(1)
For the purposes of section 27A(1) of the Act, the following are prescribed authorities:
(a)
the Commissioner of Police;
(b)
the Commissioner of State Taxation;
(c)
the Chief Executive of the administrative unit that is, under a Minister, responsible for the administration of the Health Care Act 2008;
(d)
the Chief Executive of the administrative unit that is, under a Minister, responsible for the administration of the Taxation Administration Act 1996;
(e)
the Independent Commission Against Corruption;
(f)
the Inspector appointed under Schedule 4 of the Independent Commission Against Corruption Act 2012;
(g)
the Office for Public Integrity;
(h)
the Sheriff, deputy sheriffs and sheriff's officers;
(i)
the South Australian Superannuation Board.
(2)
For the purposes of section 27A(2) of the Act, the following are persons of a prescribed class:
(a)
a member of either of the Houses of Parliament;
(b)
a nominated candidate for an election;
(c)
the registered officer of a registered political party.

Part 3Registration of political parties6Nomination of party entitled to rely on person

(1)
For the purposes of section 36(4)(a) of the Act, the Electoral Commissioner must give a person relied on by 2 or more political parties an opportunity to nominate the party entitled to rely on the person by giving the person a notice advising the person that—
(a)
the person is being relied on by 2 or more parties for the purposes of Part 6 of the Act; and
(b)
the Act prevents the person from being so relied on; and
(c)
the person may nominate the party entitled to rely on the person for the purposes of Part 6 of the Act; and
(d)
the nomination must be in writing and sent to the Electoral Commissioner; and
(e)
if no such nomination is received by the Electoral Commissioner within 28 days of the date of the notice, the person is not entitled to be relied on by any of the parties.
(2)
For the purposes of section 36(4)(b) of the Act, the Electoral Commissioner must give a party an opportunity to change a person or persons on whom it relies by giving the registered officer of the party a notice advising the registered officer that—
(a)
the registration of the party is liable to be cancelled because of the provisions of section 36 of the Act; and
(b)
the party may change the person or persons on whom it relies—
(i)
in the case of a party that is not a parliamentary party—by providing to the Electoral Commissioner—
(A)
the name and address of the person, or names and addresses of the persons, on whom the party proposes to rely in place of the person or persons on whom the party may no longer rely as a result of the operation of section 36 of the Act; and
(B)
a declaration or declarations of membership of the party (in the form determined by the Electoral Commissioner) completed and signed by the person or persons referred to in subsubparagraph (A) (on whom the party proposes to rely); or
(ii)
in the case of a parliamentary party—by providing to the Electoral Commissioner—
(A)
the name and address of the member on whom the party proposes to rely in place of the person on whom the party may no longer rely as a result of the operation of section 36 of the Act; and
(B)
a declaration of membership of the party (in the form determined by the Electoral Commissioner) completed and signed by the member referred to in subsubparagraph (A); and
(c)
details to be provided under paragraph (b)—
(i)
must be in writing and sent to the Electoral Commissioner; and
(ii)
must be received by the Electoral Commissioner within 28 days of the date of the notice.

7Annual returns and other inquiries

(1)
For the purposes of section 43A(1) of the Act, the prescribed form for an annual return is set out in Form 1 in Schedule 1.
(2)
For the purposes of section 43A(2) of the Act, the following documents are required:
(a)
in the case of a party that is not a parliamentary party—
(i)
a document that sets out the prescribed particulars of 200 electors who are members of the party and on whom the party relies for the purpose of qualifying as an eligible political party; and
(ii)
a declaration (in the form determined by the Electoral Commissioner) completed and signed within the period to which the annual return relates by the registered officer of the party and verifying the information set out in the document referred to in subparagraph (i);
(b)
in the case of a parliamentary party—
(i)
a document that sets out the name and address of the member on whom the party relies for the purpose of qualifying as an eligible political party; and
(ii)
a declaration of membership of the party (in the form determined by the Electoral Commissioner) completed and signed within the period to which the annual return relates by the member on whom the party relies for the purpose of qualifying as an eligible political party.
(3)
In this regulation—
prescribed particulars of an elector means—
(a)
the name and address of the elector (as enrolled); and
(b)
a telephone number and an email address at which the elector may be contacted.

8Membership information relating to registration – prescribed persons

For the purposes of section 46B of the Act, the following are prescribed persons:
(a)
the Crown Solicitor for the State of South Australia;
(b)
a police officer;
(c)
an employee of the administrative unit that is, under a Minister, responsible for the administration of the Criminal Law Consolidation Act 1935 engaged in the investigation of an offence against the Electoral Act 1985.

Part 4Election candidates

9Deposit 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—
(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.

10Procedure for lots (sections 59, 60, 93, 95 and 96)

(1)
A lot to determine—
1. (a)
  the order of the groups referred to in section 59(1)(b) of the Act; and
2. (b)
  the order of the groups referred to in section 59(1)(ba) of the Act; and
3. (c)
  the order of the names of the candidates referred to in section 59(1)(c) of the Act; and
4. (d)
  the order of the names of the candidates referred to in section 60(a) of the Act,

must be carried out by the Electoral Commissioner in the manner described in subregulations (4) to (7) (inclusive) as soon as practicable after the hour of nomination.

(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.
(3)
If a returning officer is required to make—
1. (a)
  a determination under section 95(19), (21) or (23) of the Act relating to the scrutiny of votes in a Legislative Council election; or
2. (b)
  a decision under section 96(6) of the Act relating to the scrutiny of votes in a House of Assembly election,

the returning officer may make the determination or decision (as the case requires) by lot to be carried out, subject to any necessary modifications, in the manner described in subregulations (4) to (7) (inclusive).

(4)
The procedure to be followed in conducting a lot is as follows:
1. (a)
  each group or name (as the case may be) must be written on a piece of paper using a separate piece of paper for each group or name;
2. (b)
  each separate piece of paper must be placed into a separate envelope and if it is necessary to fold the piece of paper to make it fit into the envelope, each piece of paper must be folded in the same manner so as to make it the same size and thickness;
3. (c)
  after a piece of paper has been placed in an envelope it must be sealed;
4. (d)
  all the envelopes must be placed into a container and shuffled;
5. (e)
  after the envelopes have been shuffled, the Electoral Commissioner or the returning officer (as the case may be) must draw them, 1 at a time, from the container.
(5)
For the purposes of subregulation (4), each separate piece of paper must be of the same kind, shape, size and colour and each envelope into which such paper is placed must be opaque and of the same kind, shape, size and colour.
(6)
The order in which an envelope is drawn from the container determines the order of the group or the names of the candidates (as the case may be), the first to be drawn being the first in the order, and so on, until the order has been determined, the last to be drawn being the last in the order.
(7)
Each of the procedures set out in subregulation (4) must be carried out in the presence of an officer and any candidate or representative of a candidate who chooses to be present.

11Photographs of candidates

For the purposes of section 64(3)(b) of the Act, the requirements with which a candidate's photograph must comply are that it must—
(a)
be a full‑faced vertical portrait of the candidate's head and shoulders; and
(b)
be at least 15 cm in length and at least 10 cm in width; and
(c)
have written on the reverse side the full name of the candidate and a statement signed by the candidate to the effect that the photograph was taken within 12 months before being submitted.

Part 5Voting

12Person entitled to make declaration vote for a reason of a prescribed nature

For the purposes of section 71(2)(b)(vii) of the Act, an elector who is precluded from voting at a polling booth for either (or both) of the following reasons is entitled to make a declaration vote:
(a)
for the reason that the elector is a resident of an institution;
(b)
for the reason that the elector is subject to a direction under section 25 of the Emergency Management Act 2004 that requires the elector to quarantine or isolate during the hours of polling.

13Applications for voting papers

(1)
For the purposes of section 73(2) of the Act, a person may make a written application for the issue of voting papers by completing and signing—
(a)
Form 5, 6, 7 or 8 in Schedule 1 (whichever is appropriate in the circumstances); or
(b)
an application containing the information that would have been required to complete Form 5, 6, 7 or 8 in Schedule 1 (whichever is appropriate in the circumstances).
(2)
An oral application may not be made until the day after the nomination day.

14Prescribed mark

For the purposes of section 73(3)(b) and 94(1)(a) of the Act, the prescribed mark is—
(a)
a water mark containing a circle within which the letters "SA" are intertwined; or
(b)
circles within which the letters "SA" are intertwined printed on the ballot paper.

15Prescribed manner for issue or dispatch of declaration voting papers

For the purposes of section 74(2a)(b) of the Act, each of the following is prescribed as a manner in which declaration voting papers may be issued or dispatched:
(a)
by hand delivery by an officer;
(b)
by courier engaged by an officer.

16Electronically assisted voting for sight‑impaired electors – preliminary

(1)
For the purposes of section 84A(2)(a)(i) of the Act, the electronically assisted voting method is the method set out in regulation 17.
(2)
For the purposes of section 84A(2)(a)(iii) of the Act, the Electoral Commissioner is to determine, by notice in the Gazette, the places, days and times at which the electronically assisted voting method is to be made available.
(3)
In accordance with section 84B(2)(a) of the Act, a sight‑impaired elector issued with an envelope with a declaration to be made by the elector (a declaration envelope) for the purposes of casting an electronically assisted vote will be taken for the purposes of the Act—
1. (a)
  to have been issued with declaration voting papers; and
2. (b)
  to have had the vote taken before the officer issuing the declaration envelope.

17Electronically assisted voting method – VoteAssist

(1)
A sight‑impaired elector may vote by means of the computer program VoteAssist by—
1. (a)
  listening to audio instructions and recording their vote electronically using a numeric keypad in a manner that allows their vote to remain private; and
2. (b)
  confirming the record of their vote and indicating that the record be printed on the ballot paper; and
3. (c)
  removing the ballot paper from the printer.
(2)
In accordance with the requirements for the casting of a declaration vote under the Act, a sight‑impaired elector voting by means of VoteAssist must also—
1. (a)
  sign the appropriate declaration on the envelope (which must be signed by the person before whom the vote is taken as witness); and
2. (b)
  place the completed ballot paper in the envelope and seal the envelope; and
3. (c)
  deposit the envelope in a ballot box or another secure facility or immediately transmit or cause the transmission of the envelope by the officer before whom the vote is taken to the appropriate returning officer.
(3)
A person must, on request, provide to the Electoral Commissioner evidence that the person is a sight‑impaired elector and eligible to vote by means of the electronically assisted voting method set out in this regulation.
(4)
The Electoral Commissioner must ensure that a place at which a sight‑impaired elector casts their vote in accordance with this regulation is properly staffed with a presiding officer, poll clerks and any other necessary staff.
(5)
A sight‑impaired elector voting in accordance with this regulation may be assisted by—
1. (a)
  the person before whom their vote is taken; or
2. (b)
  a person who is acceptable to that person,

who may assist the sight‑impaired elector in any of the following ways:
(c)
by acting as an interpreter;
(d)
by explaining the elector's obligations under the Act in relation to the recording of an electronically assisted vote;
(e)
by collecting the elector's completed ballot paper from the printer;
(f)
by folding the ballot paper, placing it in the appropriate envelope and sealing the envelope;
(g)
by assisting the elector to complete the appropriate declaration on the envelope that is to contain the ballot paper;
(h)
by depositing the envelope in a ballot box;
(i)
by providing any other assistance as required and approved by the presiding officer.

(6)
A person must not destroy or interfere with a computer program, data file or electronic device used or intended to be used for or in connection with the electronically assisted voting method set out in this regulation.

Maximum penalty: $5 000.

18Notice to be sent by Electoral Commissioner – prescribed period

(1)
For the purposes of section 85(3) of the Act, the prescribed period is 90 days.
(2)
For the purposes of section 85(3) of the Act, the prescribed form is Form 9 in Schedule 1.

Part 6How to vote cards

19Requirements for how‑to‑vote cards for inclusion in posters

(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) 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;
(e)
the card may be submitted in electronic form.
(2)
If in the opinion of the Electoral Commissioner it is necessary to do so, the Electoral Commissioner may, when preparing a poster for display in a polling booth, proportionally reduce the size of each how‑to‑vote card submitted for inclusion in the poster.
(3)
Except for the matters referred to in subregulation (1), no other matter may be contained on or otherwise appear on the card.

20Prescribed requirements for how‑to‑vote cards

(1)
For the purposes of section 112A(1)(b) of the Act, the information referred to in subparagraphs (i) and (ii) of that paragraph must be printed on the how‑to‑vote card in readily legible type that is—
(a)
in the case of a card that is A6 size or smaller—not smaller than Arial font 10 points; or
(b)
in the case of a card that is larger than A6 size but smaller than A3 size—not smaller than Arial font 14 points; or
(c)
in the case of a card that is larger than A3 size—not smaller than Arial font 20 points.
(2)
For the purposes of subregulation (1), the comparison between the size of a how‑to‑vote card and a standard paper size mentioned in that subregulation is to be done by comparing the area of the how‑to‑vote card with the area of the standard paper size (regardless of the shape of the how‑to‑vote card).
(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 to 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.

Part 7Electoral advertisements and other materials21Prescribed class of articles

For the purposes of section 112(2)(b) of the Act, an electoral advertisement consisting of a letter or leaflet that carries the signature and the name and the address (not being a post office box) of its author and is not printed—
(a)
by a person who carries on the business of printing or a business a significant part of which involves printing; or
(b)
by or on behalf of a person who publishes a newspaper, magazine, periodical or similar publication,
is a prescribed class of articles.

22Exhibition of electoral advertisements – prescribed circumstances

(1)
For the purposes of section 115(3)(c) of the Act, subsection (1) of that section does not apply in relation to the exhibition of electoral advertisements in the following circumstances:
1. (a)
  the exhibition of electoral advertisements that are, in accordance with section 115(2) of the Act, to be taken to be a single electoral advertisement if all the advertisements that are taken to form the single advertisement are exhibited in such a position that they are at an angle of not less than 270° to each other;
2. (b)
  the exhibition of an electoral advertisement at, or in the vicinity of, a place at which a press conference, meeting, campaign launching, campaign rally, fete, dinner, garden party, ball, barbecue or other gathering is held is the exhibition of an electoral advertisement in circumstances of a prescribed kind if—
  1. (i)
    the gathering is organised by, on behalf of or for a registered political party or a candidate at a Legislative Council election or a House of Assembly election; and
  2. (ii)
    the exhibition of the advertisement—
    1. (A)
      occurs immediately before, during or immediately after the gathering; and
    2. (B)
      for a period or periods the combined length of which does not exceed 24 hours.
(2)
For the purposes of section 115(2b)(c)(ii) of the Act, subsection (2a) of that section does not apply in relation to the exhibition of an electoral advertising poster in the following circumstances:
1. (a)
  the exhibition of an electoral advertising poster that is attached to an office or committee room of a political party, member of Parliament or candidate in an election, provided that the place of exhibition is more than 100 m from the entrance to a polling booth open for polling;
2. (b)
  the exhibition of an electoral advertising poster that is adhered to a vehicle or exhibited on the roof of, or a trailer (within the meaning of the Motor Vehicles Act 1959) attached to, a vehicle;
3. (c)
  the exhibition of an electoral advertising poster that is attached to fencing or fixtures in or around the following:
  1. (i)
    an enclosed area of land commonly used for playing sports or games, or accommodating the spectators at any sport or game;
  2. (ii)
    an enclosed area of land contiguous to, and used in connection with, land referred to in subparagraph (i),
if the poster is exhibited as part of a paid sponsorship in relation to sports or games played on the land;
1. (d)
  the exhibition of an electoral advertising poster at a show or fair by a political party or member of Parliament, or a candidate or group in an election (the exhibitor), if—
  1. (i)
    the show or fair is organised by a person or body that is not—
    1. (A)
      a political party, associated entity (within the meaning of section 130A of the Act) or member of Parliament; or
    2. (B)
      a candidate or group in an election; and
  2. (ii)
    the exhibitor holds or sponsors a stall at the show or fair (whether involving the payment of a fee or otherwise) or pays money in sponsorship of the show or fair;
2. (e)
  the exhibition of an electoral advertising poster that is adhered to a person's rubbish bin if the bin is placed on the kerbside by the person in the usual way for the purposes of a regular roadside rubbish collection service.

23Prescribed classes of material

(1)
For the purposes of section 116(2)(e) of the Act, material in a public forum within a journal published in electronic form on the Internet is prescribed.
(2)
In this regulation—
journal has the same meaning as in section 116 of the Act;
public forum means a weblog, survey or other forum in which members of the public may post comments.

24Requirements for electoral advertising posters near polling booths

For the purposes of section 125(1b) of the Act, an electoral advertising poster exhibited under section 125(1a) must comply with the requirements under Part 13 of the Act relating to electoral advertisements.

Part 8Election funding, expenditure and disclosure

25Interpretation – definition of auditor (section 130A)

For the purposes of the definition of auditor in section 130A(1) of the Act, a person has the prescribed qualifications if the person is a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth.

26Interpretation – definition of political expenditure (section 130A)

(1)
For the purposes of paragraph (e) of the definition of political expenditure in section 130A(1) of the Act, political expenditure includes expenditure incurred for the following purposes:
1. (a)
  the production, display and distribution of electoral matter;
2. (b)
  stationery for use in the production of electoral matter;
3. (c)
  postage of electoral matter;
4. (d)
  mobile telephones used by a candidate or prescribed staff primarily for election campaign purposes;
5. (e)
  employing or engaging a person as prescribed staff under a contract, agreement or other arrangement entered into during the capped expenditure period;
6. (f)
  office accommodation and associated expenditure for a candidate in an election or for prescribed staff, other than office accommodation and associated expenditure in relation to an office that is the headquarters of a registered political party.
(2)
Despite paragraph (e) of subregulation (1)—
1. (a)
  political expenditure does not include expenditure incurred for the purpose of employing or engaging a replacement for prescribed staff employed or engaged before the commencement of the capped expenditure period; and
2. (b)
  if prescribed staff employed or engaged before the commencement of the capped expenditure period undertake additional hours of work during the capped expenditure period, political expenditure does not include expenditure incurred on remuneration paid to staff for the additional hours of work.
(3)
For the purposes of paragraph (j) of the definition of political expenditure in section 130A(1) of the Act, political expenditure does not include expenditure of the following kinds:
1. (a)
  expenditure incurred in employing or engaging—
  1. (i)
    an auditor required for the purposes of the Act; or
  2. (ii)
    any other person for the purpose of ensuring compliance with the Act;
2. (b)
  expenditure incurred on holding a meeting or advertising for the purposes of selecting or nominating a candidate in an election;
3. (c)
  expenditure incurred by a registered political party or an organisation for the purpose of holding a meeting relating to the general administration of that party or organisation (including the expenditure incurred in advertising such a meeting);
4. (d)
  expenditure incurred on the following:
  1. (i)
    motor vehicles and motor vehicle accessories;
  2. (ii)
    maintaining or running a motor vehicle;
  3. (iii)
    insuring or registering a motor vehicle;
  4. (iv)
    televisions and television equipment;
  5. (v)
    radios and radio equipment;
  6. (vi)
    electronic devices or equipment for recording sound or visual images;
  7. (vii)
    photographic equipment;
  8. (viii)
    purchasing computer software, hardware and accessories;
  9. (ix)
    purchasing office furniture and equipment;
  10. (x)
    food and drink;
  11. (xi)
    travel undertaken by a candidate in an election or prescribed staff, and associated accommodation.
(4)
In this regulation—

associated expenditure, in relation to office accommodation, includes expenditure on the following:
(a)
rental payments (including on property and office equipment);
(b)
mortgage and related interest payments;
(c)
utilities such as gas, water and electricity, telephone and Internet;
motor vehicle has the same meaning as in the Motor Vehicles Act 1959;
prescribed staff means a person employed or engaged under a contract, agreement or other arrangement—
(a)
as election campaign staff; or
(b)
to promote, or assist in the promotion of, a registered political party, candidate or group in an election; or
(c)
to undertake research relating to a matter in an election.

27Principles for determining amount or value of gifts other than money (section 130A)

For the purposes of section 130A(2) of the Act, the amount or value of a gift consisting of, or including, a disposition of property other than money will be determined in accordance with—
(a)
the principle that the amount or value of the property disposed of is the amount or value that a competent valuer of the property would give to the property based on a fair and reasonable valuation of the property; and
(b)
the principle that written evidence should be obtained for the purpose of determining the amount or value of the property disposed of (and that amount or value should reflect the written evidence).

28Public funding – prescribed period and manner for making of payments (section 130R)

For the purposes of section 130R(1) of the Act—
(a)
the prescribed period is—
(i)
if the amount is payable for votes given in an election in respect of which a petition is filed in the Court of Disputed Returns under Part 12 Division 2 of the Act—as soon as is reasonably practicable after the completion of the Court proceedings; or
(ii)
in any other case—the period ending 120 days after polling day for the election to which the payment relates; and
(b)
the prescribed manner is payment by electronic funds transfer or such other manner as is determined by the Electoral Commissioner.

29Special assistance funding for political parties – nomination of party entitled to rely on person (section 130T)

For the purposes of section 130T(3)(b) of the Act, the Electoral Commissioner must give a person relied on by 2 or more registered political parties an opportunity to nominate the party entitled to rely on the person by giving the person a notice advising the person that—
(a)
the person is being relied on by 2 or more parties for the purposes of Part 13A Division 5 of the Act; and
(b)
the Act prevents the person from being so relied on; and
(c)
the person may nominate the party entitled to rely on the person for the purposes of Part 13A Division 5 of the Act; and
(d)
the nomination must be in writing and sent to the Electoral Commissioner; and
(e)
if no such nomination is received by the Electoral Commissioner within 30 days of the date of the notice, the person is not entitled to be relied on by any of the parties.

30Amount of half yearly entitlement of special assistance funding (section 130U)

(1)
For the purposes of section 130U(2)(a) of the Act, an amount of $35 000 (indexed) is prescribed.
(2)
For the purposes of section 130U(2)(b) of the Act, an amount of $60 000 (indexed) is prescribed.

31Return 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.

32Returns – prescribed details (sections 130ZF, 130ZG, 130ZH and 130ZI)

(1)
For the purposes of sections 130ZF(3) and 130ZH(4) of the Act, the prescribed details that must be included in a return are the amount or value of each gift or loan received, the date on which each gift or loan was received and the details set out in subregulation (4).
(2)
For the purposes of section 130ZG(5) of the Act—
1. (a)
  the prescribed details that must be included in a return relating to a gift or loan of a kind referred to in section 130ZG(3)(a) of the Act are the name and address of the candidate, member of the group, person or body (as the case requires) to whom the gift or loan was made and the details set out in subregulation (4); and
2. (b)
  the prescribed details that must be included in a return relating to a gift or loan of a kind referred to in section 130ZG(3)(b) of the Act are the details set out in subregulation (4).
(3)
For the purposes of section 130ZI(1)(d) of the Act, the prescribed details that must be included in a return are the details set out in subregulation (4).
(4)
For the purposes of this regulation, the prescribed details in relation to each gift or loan are as follows:
1. (a)
  in the case of a gift or loan made—
  1. (i)
    on behalf of the members of an incorporated or unincorporated association—
    1. (A)
      the name and address of the association; and
    2. (B)
      the names of the members of the executive committee (however described) of the association; and
  2. (ii)
    out of a trust fund or out of the funds of a foundation—
    1. (A)
      the names of the trustees of the fund or of the funds of the foundation; and
    2. (B)
      the title (or other description) and address of the trust fund or the name and address of the foundation, as the case requires; and
  3. (iii)
    by or on behalf of a body corporate—
    1. (A)
      the name and address of the body corporate; and
    2. (B)
      the names of the members of the board of the body corporate; and
    3. (C)
      the name of any parent, subsidiary or related body corporate of the body corporate; and
  4. (iv)
    in any other case—the name and address of the person who made the gift or loan;
2. (b)
  in the case of a gift or loan received—
  1. (i)
    from an incorporated or unincorporated association (on behalf of its members)—
    1. (A)
      the name and address of the association; and
    2. (B)
      the names of the members of the executive committee (however described) of the association; and
  2. (ii)
    from a trust fund or the funds of a foundation—
    1. (A)
      the names of the trustees of the fund or of the funds of the foundation; and
    2. (B)
      the title (or other description) and address of the trust fund or the name and address of the foundation, as the case requires; and
  3. (iii)
    from a body corporate—
    1. (A)
      the name and address of the body corporate; and
    2. (B)
      the names of the members of the board of the body corporate; and
    3. (C)
      the name of any parent, subsidiary or related body corporate of the body corporate; and
  4. (iv)
    in any other case—the name and address of the person from whom the gift or loan was received.
(5)
However, a return to which this regulation applies need not include details of the names of—
1. (a)
  the members of the executive committee of an incorporated association or the board of a body corporate; or
2. (b)
  any parent, subsidiary or related body corporate of a body corporate,

if those details are contained in a publication that is generally available to be inspected by members of the public and the return identifies the publication and specifies a website address at which it may be accessed or inspected.

33Returns – additional information (sections 130ZG and 130ZH)

(1)
In accordance with section 130ZZH(2)(a) of the Act, a return required to be furnished to the Electoral Commissioner under section 130ZG or 130ZH of the Act must indicate whether or not—
1. (a)
  the person by whom or on whose behalf the return is furnished; and
2. (b)
  each person who made a gift or loan (other than a loan made by an ADI) required to be disclosed by the person referred to in paragraph (a) in the return—
  1. (i)
    that enabled that person to make a gift or loan set out in the return; or
  2. (ii)
    that reimbursed that person for making such a gift or loan,

is a foreign person, and, if they are, the foreign country or countries in respect of which the person is a foreign person.

(2)
In addition, the return must, in respect of—
1. (a)
  the person by whom or on whose behalf the return is furnished, if that person is an individual; and
2. (b)
  each individual within the ambit of subregulation (1)(b),

include the following information:
(c)
whether or not the person is an elector;
(d)
if the person is not an elector—whether or not the person is an Australian citizen;
(e)
if the person is not an Australian citizen—the name of the foreign country or countries of which the person is a citizen;
(f)
if the person is an Australian citizen and also a citizen of a foreign country—the foreign country or countries of which the person is also a citizen.

(3)
In this regulation—

foreign country has the same meaning as in the Acts Interpretation Act 1901 of the Commonwealth;
foreign person has the same meaning as in the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth.

34Returns by registered political parties or third parties – prescribed particulars (sections 130ZN and 130ZP)

(1)
For the purposes of sections 130ZN(2)(b) and (d) and 130ZP(1)(b) and (d) of the Act, the prescribed particulars that must be included in a return are the amount received or the sum owed, the date on which the amount was received or the debt was incurred and—
1. (a)
  in the case of an amount received from, or a sum owed to, an incorporated or unincorporated association (on behalf of its members)—
  1. (i)
    the name and address of the association; and
  2. (ii)
    the names of the members of the executive committee (however described) of the association; and
2. (b)
  in the case of an amount received from, or a sum owed to, a trust fund or the funds of a foundation—
  1. (i)
    the names of the trustees of the fund or of the funds of the foundation; and
  2. (ii)
    the title (or other description) and address of the trust fund or the name of the foundation, as the case requires; and
3. (c)
  in the case of an amount received from, or a sum owed to, a body corporate—
  1. (i)
    the name and address of the body corporate; and
  2. (ii)
    the names of the members of the board of the body corporate; and
  3. (iii)
    the name of any parent, subsidiary or related body corporate of the body corporate; and
4. (d)
  in any other case—the name and address of the person from whom the amount was received, or to whom the amount is owed (as the case requires).

(2)
However, a return to which this regulation applies need not include particulars of the names of—
1. (a)
  the members of the executive committee of an incorporated association or the board of a body corporate; or
2. (b)
  any parent, subsidiary or related body corporate of a body corporate,

if those particulars are contained in a publication that is generally available to be inspected by members of the public and the return identifies the publication and specifies a website address at which it may be accessed or inspected.

35Returns by associated entities (section 130ZO and 130ZZH)

(1)
In accordance with section 130ZZH(3) of the Act, the information to be provided in a return under section 130ZO of the Act is reduced such that an associated entity return need only set out—
1. (a)
  the information required under section 130ZO(1)(a) of the Act; and
2. (b)
  the prescribed details set out in subregulation (2) in relation to each gift or loan of more than $5 000 (indexed) received by, or on behalf of, the entity from a person or organisation since the last associated entity return was furnished or, if no previous associated entity return has been furnished, since Part 13A of the Act first applied to the entity.
(2)
For the purposes of this regulation, the prescribed details are as follows:
1. (a)
  the amount or value of each gift or loan received and the date on which each gift or loan was received;
2. (b)
  in the case of a gift or loan received—
  1. (i)
    from an incorporated or unincorporated association (on behalf of its members)—
    1. (A)
      the name and address of the association; and
    2. (B)
      the names of the members of the executive committee (however described) of the association; and
  2. (ii)
    from a trust fund or the funds of a foundation—
    1. (A)
      the names of the trustees of the fund or of the funds of the foundation; and
    2. (B)
      the title (or other description) and address of the trust fund or the name and address of the foundation, as the case requires; and
  3. (iii)
    from a body corporate—
    1. (A)
      the name and address of the body corporate; and
    2. (B)
      the names of the members of the board of the body corporate; and
    3. (C)
      the name of any parent, subsidiary or related body corporate of the body corporate; and
  4. (iv)
    in any other case—the name and address of the person from whom the gift or loan was received.
(3)
However, an associated entity return need not include details of the names of—
1. (a)
  the members of the executive committee of an incorporated association or the board of a body corporate; or
2. (b)
  any parent, subsidiary or related body corporate of a body corporate,

if those details are contained in a publication that is generally available to be inspected by members of the public and the return identifies the publication and specifies a website address at which it may be accessed or inspected.

36Public inspection of returns – prescribed period (section 130ZY)

The prescribed period for the purposes of section 130ZY(5) of the Act is 3 business days.

37Agent of party to notify Electoral Commissioner of disendorsement of candidate (section 139)

(1)
For the purposes of Part 13A of the Act, if a candidate endorsed by a registered political party in relation to an election ceases to be so endorsed, the agent of the party must, as soon as is reasonably practicable after the disendorsement (and in any event no later than 7 days after the disendorsement), give to the Electoral Commissioner a notice setting out—
1. (a)
  the name of the candidate; and
2. (b)
  the date of the disendorsement.
(2)
The agent must give a copy of the notice under subregulation (1) to the agent of the candidate on the same day on which it is given to the Electoral Commissioner.

38Application and modification of Part 13A where candidate disendorsed by party (section 139)

In accordance with section 139(2)(g) of the Act, the application of Part 13A of the Act is modified in relation to the disendorsement of a candidate by a registered political party as follows:
(a)
section 130A applies as if the following subsection was inserted after subsection (8):
(9)
For the purposes of this Part, if a candidate endorsed by a registered political party in relation to an election ceases to be so endorsed—
(a)
prescribed party expenditure and prescribed candidate expenditure (both within the meaning of section 130Z(3aae)) will not be regarded as political expenditure of the party; and
(b)
prescribed candidate expenditure (within the meaning of section 130Z(3aae)) will not be regarded as political expenditure of the candidate.;
(b)
section 130I applies as if the following subsection was inserted after subsection (3):
(4)
If a candidate endorsed by a registered political party in relation to an election ceases to be so endorsed, the agent's appointment as agent of the candidate is taken to be revoked on the date of the disendorsement.
(c)
the application of section 130Y(5) extends to any candidate who ceases to be endorsed by a registered political party in relation to an election (not merely a candidate who is a member of Parliament or is a member of a group a member of which is a member of Parliament);
(d)
section 130Z applies as if the following subsections were inserted after subsection (3):
(3aa)
Despite the preceding provisions, if a candidate endorsed by a registered political party in relation to an election ceases to be so endorsed during the capped expenditure period for the election, the following provisions apply:
(a)
if—
(i)
a candidate ceases to be endorsed after the hour of nomination; and
(ii)
the party does not endorse another candidate in the relevant electoral district,
any amount allocated by the party to the candidate under subsection (2) prior to the disendorsement is, for the purposes of determining the party's applicable expenditure cap under subsection (1)(b)(i), to be included in the calculation of the sum of the amounts allocated to candidates in accordance with subsection (2);
(b)
if the candidate who has ceased to be endorsed subsequently—
(i)
lodges (or is taken for the purposes of this Part to have lodged) a certificate under section 130Y; or
(ii)
forms part of a group of candidates that has lodged a certificate under section 130Y; or
(iii)
is endorsed in relation to the election by another registered political party that has lodged a certificate under section 130Y,
the applicable expenditure cap under subsection (1) that applies to the candidate, group or party (as the case requires) is reduced by the sum of the prescribed party expenditure and the prescribed candidate expenditure;
(c)
if paragraph (b)(iii) applies, the maximum amount that the other registered political party may allocate to the candidate under subsection (2) in relation to the election is $100 000 (indexed) less the sum of the prescribed party expenditure and the prescribed candidate expenditure.
(3aab)
For the purposes of the preceding provisions, if a candidate endorsed by a registered political party in relation to an election ceases to be so endorsed during the capped expenditure period for the election—
(a)
the agent of a registered political party must, as soon as is reasonably practicable after the disendorsement (and in any event no later than 7 days after the disendorsement), furnish a return to the Electoral Commissioner setting out—
(i)
the name of the candidate; and
(ii)
the amount of prescribed party expenditure; and
(iii)
the amount agreed between the candidate and the agent of the party (if any) under section 130Z(2)(a); and
(b)
the agent of the candidate must, as soon as is reasonably practicable after the disendorsement (and in any event no later than 7 days after the disendorsement), furnish a return to the Electoral Commissioner setting out—
(i)
the name of the candidate; and
(ii)
the amount of prescribed candidate expenditure.
(3aac)
The agent of the registered political party must, so far as is reasonably practicable, make available to the agent of the candidate any records or information in the possession of the party relevant to a return under subsection (3aab)(b).
(3aad)
The agent of the registered political party must give the agent of the candidate a copy of the return under subsection (3aab)(a), and the agent of the candidate must give the agent of the party a copy of the return under subsection (3aab)(b), on the same day on which the agent furnishes the relevant return to the Electoral Commissioner.
(3aae)
In this section—
prescribed candidate expenditure, in relation to a candidate disendorsed by a registered political party, means political expenditure incurred (prior to the disendorsement) by the candidate (as set out in a return under subsection (3aab)(b)) during the capped expenditure period for the election;
prescribed party expenditure, in relation to a candidate disendorsed by a registered political party, means political expenditure incurred (prior to the disendorsement) by the party (as set out in a return under subsection (3aab)(a)) during the capped expenditure period for the election that—
(a)
in the case of a House of Assembly election—related to the election of the candidate in the relevant electoral district; or
(b)
in the case of a Legislative Council election—was for electoral matter that—
(i)
expressly mentioned the name or displayed the image of the candidate; and
(ii)
did not expressly mention the name or display the image of any other candidate endorsed by the party in relation to the Legislative Council election;
related to the election of the candidate has the same meaning as in section 130ZB(3).

Schedule 1—Forms

Form 1—Form of annual return

Name of party:

Registered officer—

(a)
Name:
(b)
Address:
(c)
Contact Details:

For the purposes of demonstrating the party's continued eligibility for registration under Part 6 of the Electoral Act 1985, I attach the documents required under regulation 7(2) of the Electoral Regulations 2024.

Signature:

Date:

Form 2

Form 3

Form 4

Form 5

Form 6

Form 7

Form 8

Form 9

Schedule 2—Repeal of Electoral Regulations 2009

The Electoral Regulations 2009 are repealed.

Legislative history

Notes

•
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations
Year
No
Reference
Commencement
2024
78
Gazette 1.8.2024 p2315
1.8.2024: r 2

Year	No	Reference	Commencement
2024	78	Gazette 1.8.2024 p2315	1.8.2024: r 2