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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Candidate Declarations) Amendment
Bill 2017
A BILL FOR
An Act to amend the
Electoral
Act 1985
; and to make a related amendment to the
Constitution
Act 1934
.
Contents
Part 2—Amendment of Electoral
Act 1985
3Amendment of section
4—Interpretation
4Amendment of section 53—Nominations of
candidates endorsed by political party
5Amendment of section 53A—Nomination of
candidate by a person
Schedule 1—Related amendment to
Constitution Act 1934
1Amendment of section 31—Vacation of seat
in Assembly
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Candidate Declarations)
Amendment Act 2017.
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
3—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of institution
insert:
major party means a registered political party declared by
the Electoral Commissioner, by notice in the Gazette, to be a major party for
the purposes of this Act (provided that the Electoral Commissioner must not
declare more than 2 political parties to be major parties for the purposes
of this Act);
4—Amendment
of section 53—Nominations of candidates endorsed by political
party
(1) Section 53(3)—after paragraph (b) insert:
and
(c) in the case of a nomination paper relating to candidates endorsed by a
party other than a major party—contain a declaration, signed by the
registered officer of the party and each candidate, indicating, if any of the
candidates are elected at the election, whether they would support a major party
to form a government, and if so, which party, in the event that, during the
relevant period, neither major party is able to form a government based on the
number of members of each major party elected to the House of
Assembly.
(2) Section 53—after subsection (8) insert:
(8a) The Electoral Commissioner must publish a declaration under
subsection (3)(c) in a newspaper circulating generally in the State as soon
as is reasonably practicable after the declaration is lodged and in any event
within 72 hours after the hour of nomination.
(8b) In this section—
relevant period means the period commencing at the hour of
nomination for the election to which the nomination under subsection (3)(c)
relates and ending at the hour of nomination for the general election of the
House of Assembly immediately following that election.
5—Amendment
of section 53A—Nomination of candidate by a person
(1) Section 53A(3)—after paragraph (b) insert:
and
(c) in the case of a nomination paper relating to a candidate who is not
endorsed by a major party—signed by the candidate, indicating, if the
candidate is elected at the election, whether the candidate would support a
major party to form a government, and if so, which party, in the event that,
during the relevant period, neither major party is able to form a government
based on the number of members of each major party elected to the House of
Assembly.
(2) Section 53A—after subsection (4a) insert:
(4b) The Electoral Commissioner must publish a declaration under
subsection (3)(c) in a newspaper circulating generally in the State as soon as
is reasonably practicable after the declaration is lodged and in any event
within 72 hours after the hour of nomination.
(4c) In this section—
relevant period means the period commencing at the hour of
nomination for the election to which the nomination under subsection (3)(c)
relates and ending at the hour of nomination for the general election of the
House of Assembly immediately following that election.
Schedule 1—Related
amendment to Constitution
Act 1934
1—Amendment
of section 31—Vacation of seat in Assembly
Section 31(1)—after paragraph (c) insert:
(d) acts in a manner inconsistent with or breaches a declaration made
under section 53(3)(c) or section 53A(3)(c) of the
Electoral
Act 1985
; or