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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Legislative Council Voting) Amendment
Bill 2013
A BILL FOR
An Act to amend the Electoral
Act 1985.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Electoral
Act 1985
4Amendment of section
4—Interpretation
5Amendment of section 53A—Nomination of
single candidate
6Amendment of section 59—Printing of
Legislative Council ballot papers
7Amendment of section 62—Printing of
descriptive information on ballot papers
8Amendment of section
63—Voting tickets
9Amendment of section
139—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Legislative Council Voting)
Amendment Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electoral
Act 1985
4—Amendment
of section 4—Interpretation
Section 4(1), definition of voting ticket square—delete
"candidate or group" and substitute:
group of candidates
5—Amendment
of section 53A—Nomination of single candidate
(1) Section 53A(3)(a)—delete paragraph (a) and
substitute:
(a) be signed by at least—
(i) in the case of a nomination for election as a member of the House of
Assembly—20 electors for the relevant district; or
(ii) in the case of a nomination for election as a member of the
Legislative Council—100 electors for the relevant district;
and
(2) Section 53A—after subsection (3) insert:
(3a) If—
(a) 2 or more candidates in a Legislative Council election apply
under section 58 to have their names grouped together on the ballot paper;
and
(b) an elector signs a nomination paper under subsection (3)(a)(ii)
for more than 1 of the candidates,
the elector's signature is to be taken not to count for any of the
candidates for the purposes of subsection (3)(a)(ii).
6—Amendment
of section 59—Printing of Legislative Council ballot
papers
(1) Section 59(1)(a)—delete "(on" and substitute:
, with the groups endorsed by registered political parties appearing before
the groups who are not so endorsed (and on
(2) Section 59(1)(b)—delete paragraph (b) and
substitute:
(b) the order of the groups endorsed by registered political parties in
the ballot papers must be determined by lot; and
(ba) the order of the groups not endorsed by registered political parties
in the ballot papers must be determined by lot; and
7—Amendment
of section 62—Printing of descriptive information on ballot
papers
Section 62(1)(d)—delete "5 additional" and substitute:
2 additional
8—Amendment
of section 63—Voting tickets
(1) Section 63—before subsection (1) insert:
(a1) The following
provisions apply in relation to the entitlement to lodge a voting ticket under
this section:
(a) in the case of a House of Assembly election—any candidate is
entitled to lodge a voting ticket;
(b) in the case of
a Legislative Council election—any group of candidates is entitled to
lodge a voting ticket.
(2) Section 63(1)—delete "(but where a candidate is a member of a
group, a voting ticket must relate to the group as a whole and not to an
individual member of it)" and substitute:
entitled to lodge a voting ticket under subsection (a1)
(3) Section 63(5)—delete "candidate or"
9—Amendment
of section 139—Regulations
Section 139(2)—delete subsection (2) and
substitute:
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) prescribe forms for the purposes of this Act; and
(b) prescribe fines (not exceeding $5 000) for offences against
the regulations; and
(c) prescribe fees or charges in respect of matters under this Act, and
provide for the waiver or refund of such fees or charges; and
(d) be of general application or vary in their application according to
prescribed factors; and
(e) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Electoral
Commissioner.