Local Government (Elections) Variation Regulations 2005 (SA)

South Australia

Local Government (Elections) Variation Regulations 2005

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 1999

1. Variation of regulation 7—Nominations

2. Revocation of regulation 8

3. Substitution of regulation 9

   9Ballot papers for elections

4. Variation of regulation 12—Postal voting papers

5. Insertion of regulation 12A

   12ACollation of certain information

6. Revocation of Part 3

7. Variation of Schedule—Prescribed forms

Schedule 1—Transitional provision

1. Transitional provision

Part 1—Preliminary

1—Short title

These regulations may be cited as the Local Government (Elections) Variation Regulations 2005.

2—Commencement

These regulations will come into operation on 1 January 2006.

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 1999

4—Variation of regulation 7—Nominations

1. Regulation 7(1) and (2)—delete subregulations (1) and (2) and substitute:

   (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. Regulation 7(9) and (10)—delete subregulations (9) and (10)

5—Revocation of regulation 8

Regulation 8—delete the regulation

6—Substitution of regulation 9

Regulation 9—delete the regulation and substitute:

9—Ballot papers for elections

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

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

(b)must—

(i)identify the council, and the election to which it relates; and

(ii)include directions to voters as to how to record a valid vote.

7—Variation of regulation 12—Postal voting papers

Regulation 12(1)—delete subregulation (1)

8—Insertion of regulation 12A

After regulation 12 insert:

12A—Collation of certain information

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

(a)the number of ballot papers printed for the election; and

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

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

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

(e)the number of declaration envelopes accepted at the count; and

(f)the number of declaration envelopes rejected at the count; and

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

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

(i)the number of ballot papers included in the count; and

(j)the number of ballot papers rejected as informal.

9—Revocation of Part 3

Part 3—delete the Part

10—Variation of Schedule—Prescribed forms

1. Schedule, Form 1, note 2—after paragraph (c) of section 17(2) insert:

   and

   (d)a body corporate or group cannot nominate a person who has not attained the age of majority.

2. Schedule, Form 1, note 2, definition of prescribed person—delete "the commencement of this section" and substitute:

   1 January 2000

3. Schedule, Form 2—delete "and behalf" and substitute:

   and belief

4. Schedule, Forms 3 to 12 (inclusive)—delete the Forms

5. Schedule, Forms 14 and 15—delete the Forms

Schedule 1—Transitional provision

1—Transitional 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.

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 1 December 2005

No 250 of 2005

OLG05/012CS