Local Government (Elections) Regulations 1999 (SA)

South Australia

Local Government (Elections) Regulations 1999

under the Local Government (Elections) Act 1999

Part 1Preliminary1Short title

These regulations may be cited as the Local Government (Elections) Regulations 1999.

4Interpretation

1. (1)

   In these regulations—

   Act means the Local Government (Elections) Act 1999.

2. (2)

   In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in the Schedule.

Part 2Elections and polls5Declaration of eligibility

For the purposes of section 8(2)(b) of the Act, the declaration set out as Form 1 is prescribed.

6Application for enrolment

For the purposes of section 14(1)(a)(ii) of the Act, the application set out in Form 2 is prescribed.

7Nominations

1. (1)

   For the purposes of section 19(1) of the Act, a form nominating a person as a candidate for election to an office of a council (being a form determined by the Electoral Commissioner) must be delivered to the returning officer before the close of nominations.

2. (3)

   For the purposes of section 19(2)(b) of the Act, the following requirements are prescribed with respect to a profile:

   1. (a)

      the profile must be in typed or printed form; and

   2. (b)

      the profile must not exceed 150 words; and

   3. (c)

      the profile must be accurate and must not—

      1. (i)

         be misleading; or

      2. (ii)

         contain offensive or obscene material; or

      3. (iii)

         refer to another person who has nominated as a candidate for election to the council (whether at the same election or any other election to be held on the same day) without the written consent of that person; or

      4. (iv)

         comment on decisions or actions that have been made or taken by the council or on the decisions or actions of past or present members of the council; and

   4. (d)

      the profile must be signed and dated by the candidate (but this signature and date will not form part of the profile for the purposes of section 39 of the Act).

3. (4)

   If—

   1. (a)

      a profile submitted with a nomination form exceeds 150 words; and

   2. (b)

      the candidate has not reduced the size of the profile to 150 words or less by the close of nominations,

   the returning officer will exclude from the profile all words appearing after the 150th word (other than the signature and date).

4. (5)

   The returning officer is not responsible for checking the accuracy of any information included in a profile and the returning officer bears no liability with respect to the publication of a profile under the Act and these regulations.

5. (6)

   A written consent required under subregulation (3)(c)(iii) must be lodged with the profile.

6. (7)

   Nothing in subregulation (3)(c) prevents a profile including declarations of public policy or promises of public action.

7. (8)

   For the purposes of section 19(3) of the Act, the following requirements are prescribed with respect to a photograph provided with a profile:

   1. (a)

      unless otherwise approved by the returning officer, the photograph must be the same size as an Australian passport photograph; and

   2. (b)

      the photograph must only (or predominantly) show the head and shoulders of the candidate; and

   3. (c)

      the photograph must have been taken within the preceding period of 12 months; and

   4. (d)

      the photograph must bear on its back an endorsement by the candidate to the effect that the photograph is a photograph of the candidate that has been taken within the preceding 12 months.

9Ballot papers for elections

Pursuant to section 29(5) of the Act, a ballot paper for an election—

1. (a)

   must be in a form determined by the Electoral Commissioner; and

2. (b)

   must—

   1. (i)

      identify the council, and the election to which it relates; and

   2. (ii)

      include directions to voters as to how to record a valid vote.

10Ballot papers for polls

1. (1)

   Pursuant to section 33(3) of the Act, a ballot paper for a poll must contain—

   1. (a)

      a statement of the proposition being submitted to electors at the poll; and

   2. (b)

      two squares—

      1. (i)

         one clearly indicated as the square to be marked by a person who is in favour of the proposition being submitted to electors at the poll; and

      2. (ii)

         one clearly indicated as the square to be marked by a person who is against the proposition being submitted to electors at the poll.

2. (2)

   The statement under subregulation (1)(a) will be determined by the relevant council after consultation with the returning officer.

11Notice of use of postal voting

1. (1)

   For the purposes of section 38 of the Act, information to the following effect is prescribed:

   1. (a)

      that the specified election or poll will be conducted entirely by means of postal voting and that no polling booth will be open for voting on polling day;

   2. (b)

      that voting papers will be issued by post to every natural person, body corporate and group who or which has his, her or its name on the voters roll to be used for the purposes of the election or poll or, at the discretion of the returning officer, by personal delivery to potential voters at certain locations;

   3. (c)

      that the voting papers being issued by post should be delivered to persons, bodies corporate and groups on the voters roll not later than a date specified by the returning officer1;

   4. (d)

      that a person who does not receive voting papers but who believes that he or she is entitled to exercise a vote at the election or poll may take specified steps to apply for voting papers.

2. (2)

   A notice under section 38 of the Act may include other information which may, in the opinion of the returning officer, assist prospective voters to understand the postal voting system and processes under the Act and to participate in the election or poll.

   Note—

   1This date must be consistent with section 39(1) of the Act.

12Postal voting papers

1. (2)

   Pursuant to subsection (3) of section 39 of the Act, envelopes used under subsection (1) of that section for ballot papers sent by post must have an extension to a flap on the back of the envelope that bears the name and address of the natural person, body corporate or group to whom the voting papers are issued.

2. (3)

   For the purposes of section 39(6) of the Act, an explanatory notice will be prepared by the returning officer and must outline the steps which a voter must follow in order to comply with the requirements of section 40 of the Act.

12ACollation of certain information

For the purposes of section 51(1a) of the Act, a return must show, in relation to the relevant election—

1. (a)

   the number of ballot papers printed for the election; and

2. (b)

   the number of ballot papers issued to natural persons, bodies corporate or groups on the voters roll; and

3. (c)

   the number of ballot papers issued on the basis of names declared to have been omitted in error from the voters roll; and

4. (d)

   the number of ballot papers replaced due to the re-issue of voting papers; and

5. (e)

   the number of declaration envelopes accepted at the count; and

6. (f)

   the number of declaration envelopes rejected at the count; and

7. (g)

   the number of declaration envelopes returned because they have not been able to be effectively delivered; and

8. (h)

   the number of ballot papers removed from envelopes accepted at the count; and

9. (i)

   the number of ballot papers included in the count; and

10. (j)

    the number of ballot papers rejected as informal.

13Campaign donations returns

For the purposes of section 80(2) of the Act, a campaign donations return must be in the form set out as Form 13.

Schedule—Prescribed forms

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

  The Local Government (Elections) Regulations 1999 were revoked by Sch 2 of the Local Government (Elections) Regulations 2010 on 27.8.2010.

  Legislation revoked by principal regulations

  The Local Government (Elections) Regulations 1999 revoked the following:

  Local Government (How-to-Vote Cards) Regulations 1987

  Principal regulations and variations

  Year	No	Reference	Commencement
  1999	242	Gazette 25.11.1999 p2800	1.1.2000: r 2
  2002	36	Gazette 23.5.2002 p1984	23.6.2002: r 2
  2005	250	Gazette 1.12.2005 p4099	1.1.2006: r 2

  Provisions varied

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  Pt 1
  rr 2 and 3	omitted under Legislation Revision and Publication Act 2002	1.1.2006
  Pt 2
  r 7
  r 7(1)	substituted by 250/2005 r 4(1)	1.1.2006
  r 7(2)	deleted by 250/2005 r 4(1)	1.1.2006
  r 7(8)	varied by 36/2002 r 3	23.6.2002
  r 7(9) and (10)	deleted by 250/2005 r 4(2)	1.1.2006
  r 8	deleted by 250/2005 r 5	1.1.2006
  r 9	substituted by 250/2005 r 6	1.1.2006
  r 12
  r 12(1)	deleted by 250/2005 r 7	1.1.2006
  r 12A	inserted by 250/2005 r 8	1.1.2006
  Pt 3	deleted by 250/2005 r 9	1.1.2006
  Sch
  Form 1	varied by 250/2005 r 10(1), (2)	1.1.2006
  Form 2	varied by 250/2005 r 10(3)	1.1.2006
  Form 3	varied by 36/2002 r 4(a)	23.6.2002
  deleted by 250/2005 r 10(4)	1.1.2006
  Form 4	varied by 36/2002 r 4(b)	23.6.2002
  deleted by 250/2005 r 10(4)	1.1.2006
  Form 5	varied by 36/2002 r 4(c)	23.6.2002
  deleted by 250/2005 r 10(4)	1.1.2006
  Form 6	deleted by 250/2005 r 10(4)	1.1.2006
  Form 7	deleted by 250/2005 r 10(4)	1.1.2006
  Form 8	deleted by 250/2005 r 10(4)	1.1.2006
  Form 9	deleted by 250/2005 r 10(4)	1.1.2006
  Form 10	deleted by 250/2005 r 10(4)	1.1.2006
  Form 11	substituted by 36/2002 r 4(d)	23.6.2002
  deleted by 250/2005 r 10(4)	1.1.2006
  Form 12	deleted by 250/2005 r 10(4)	1.1.2006
  Form 14	deleted by 250/2005 r 10(5)	1.1.2006
  Form 15	deleted by 250/2005 r 10(5)	1.1.2006

  Transitional etc provisions associated with regulations or variations

  Local Government (Elections) Variation Regulations 2005 (No 250 of 2005), Sch 1

  1Transitional provision

  If polling day for a supplementary election is to fall on or after 1 January 2006 in respect of a casual vacancy occurring before 1 January 2006, the provisions of the Local Government (Elections) Act 1999 and the City of Adelaide Act 1998, and regulations made under those Acts, as the case requires, as in force at the time of the occurrence of the vacancy, will apply in relation to the election.

  Historical versions

  Reprint No 1—23.6.2002