Local Government (Elections) (Review) Variation Regulations 2021 (SA)

South Australia

Local Government (Elections) (Review) Variation Regulations 2021

under the Local Government (Elections) Act 1999

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Local Government (Elections) Regulations 2010

4            Variation of regulation 5—Manner in which nominations are made

5            Substitution of regulation 11

11          Bribery

11A         Large gifts returns

6            Variation of Schedule 1—Prescribed forms

Part 1—Preliminary

1—Short title

These regulations may be cited as the Local Government (Elections) (Review) Variation Regulations 2021.

2—Commencement

These regulations come into operation on the day on which section 149 of the Statutes Amendment (Local Government Review) Act 2021 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 Local Government (Elections) Regulations 2010

4—Variation of regulation 5—Manner in which nominations are made

Regulation 5(2)—after paragraph (d) insert:

(e)the profile must contain a statement as to whether the candidate lives in the area or ward of the council in which the candidate is nominating for election;

(f)the profile must contain the following information:

(i)whether the candidate is, at the time of their nomination, or was, at any time in the 12 months preceding their nomination, a member of a registered political party (within the meaning of the Electoral Act 1985);

(ii)if the candidate is or was a member of a registered political party in accordance with subparagraph (i)—

(A)the name of the party; and

(B)when the candidate ceased to be a member of the party (if relevant).

5—Substitution of regulation 11

Regulation 11—delete the regulation and substitute:

11—Bribery

For the purposes of section 57(3) of the Act, the prescribed value is $20.

11A—Large gifts returns

(1)For the purposes of section 81A(1)(b) of the Act, the amount of $2 500 is prescribed.

(2)For the purposes of section 81A(1) of the Act, a large gifts return must be furnished by a candidate—

(a)in relation to a disclosure period applying to a candidate for a supplementary election—within 5 days after the receipt of each gift or gifts the total amount or value of which is more than the prescribed amount during the period commencing on the close of nominations for the election and ending 5 days after the end of the disclosure period; or

(b)in relation to a disclosure period applying to a candidate for a periodic election—

(i)in the year in which the election is to be held—within 5 days after the receipt of each gift or gifts the total amount or value of which is more than the prescribed amount during the period commencing on—

(A)1 January in that year; or

(B)if the disclosure period applying to the candidate commences after 1 January, the day on which the disclosure period commences,

and ending 5 days after the end of the disclosure period; and

(ii)in each year in which the disclosure period applies to the candidate for the election (including the year in which the election is to be held)—within 60 days after 30 June.

(3)For the purposes of section 87(2)(a) of the Act, the period of 5 days is prescribed.

6—Variation of Schedule 1—Prescribed forms

Schedule 1, Form 2—delete Form 2

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 Administrator

after consultation with the Local Government Association and with the advice and consent of the Executive Council

on 16 September 2021

No 138 of 2021