{"id":"local-government-elections-act-1999","name":"Local Government (Elections) Act 1999","slug":"local-government-elections-act-1999","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105823,"registerId":"sa-local-government-elections-act-1999-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Local Government (Elections) Act 1999.\n3—Objects\nThe objects of this Act are—\n\t(a)\tto provide for periodic and other local government elections; and\n\t(b)\tto provide for the qualifications of voters for the purposes of local government elections and for the preparation and maintenance of voters rolls; and\n\t(c)\tto provide for the qualifications and duties of candidates in local government elections; and\n\t(d)\tto provide for a system of voting, and for the counting of votes, at local government elections; and\n\t(e)\tto provide for local government polls; and\n\t(f)\tto provide for the administrative framework for local government elections and polls; and\n\t(g)\tto regulate various practices associated with local government elections and polls.\n4—Preliminary\n\t(1)\tIn this Act, unless the contrary intention appears—\nconclusion of council elections—see Local Government Act 1999 (section 4(2));\nthe Court means the Court of Disputed Returns constituted under this Act;\ndesignated person, in respect of a body corporate or group entitled to be enrolled on the voters roll for an area or ward, means a natural person, of or above the age of majority, who is a State elector and—\n\t(a)\tin the case of a body corporate—an officer of the body corporate who is authorised to act on behalf of the body corporate for the purposes of voting; or\n\t(b)\tin the case of a group—a member of the group, or an officer of a body corporate that is a member of the group, who is authorised to act on behalf of the group for the purposes of voting;\ndisposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—\n\t(a)\tthe allotment of shares in a company; and\n\t(b)\tthe creation of a trust in property; and\n\t(c)\tthe grant or creation of a lease, mortgage, charge, servitude, licence, power or partnership or any interest in property; and\n\t(d)\tthe release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or any interest in property; and\n\t(e)\tthe exercise by a person of a general power of appointment of property in favour of another person; and\n\t(f)\ta transaction entered into by a person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of another person;\nDistrict Court means the District Court of South Australia;\nelector means a person, body corporate or group of persons enrolled on the voters roll for a council;\nelectoral material means an advertisement, notice, statement or representation calculated to affect the result of an election or poll;\nelectoral officer means a person appointed as an electoral officer under this Act and includes the returning officer and deputy returning officer;\ngeneral election—see Local Government Act 1999 (section 4);\ngift means a disposition of property made by a person to another person, otherwise than by will, being a disposition made without consideration in money or money's worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration;\nillegal practice means the commission of an offence against this Act;\nname, of a candidate for election, includes a name by which the candidate is generally known;\nofficer of a body corporate means a director, manager, secretary or public officer of the body corporate and includes any other person who takes part in the management of the affairs of the body corporate;\nperiodic election means an election to fill offices of a council held pursuant to section 5;\npolling day—see subsection (2);\nproperty includes money;\npublic notice means notice in the Gazette and in a newspaper circulating in the area;\nreturning officer—see section 10;\nState elector means a person who is enrolled as an elector for the House of Assembly on a roll for a subdivision under the Electoral Act 1985;\nvoting material means—\n\t(a)\tballot papers and other forms of voting papers; and\n\t(b)\tapplications for voting papers; and\n\t(c)\trecords relating to the issue of voting papers; and\n\t(d)\tdeclarations made by persons voting or claiming to vote; and\n\t(e)\tvoters rolls.\n\t(2)\tA reference in this Act to polling day for an election or poll means—\n\t(a)\tfor a periodic election—the day on which voting at the election closes under section 5;\n\t(b)\tfor a general election (not being a periodic election) to be held pursuant to a proclamation or notice under the Local Government Act 1999—the day fixed as polling day by the proclamation or notice (being the day on which voting at the election closes);\n\t(c)\tfor a supplementary election—the day fixed as polling day for the election under section 6;\n\t(d)\tfor a poll—the day fixed by the council as polling day for the poll.\n\t(3)\tFor the purposes of this Act, the year in which polling day for an election occurs will be taken to be the year in which the election is held.\n\t(4)\tAn election for mayor, an election for a councillor or councillors who are to be representatives for the area as a whole, and an election for a councillor or councillors who are to be representatives of a ward, are each separate and distinct elections.\n\t(5)\tThis Act is to be read with the Local Government Act 1999 as if the two Acts together formed a single Act.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Elections and polls to be held","content":"Part 2—Elections and polls to be held\n5—Periodic elections\nElections to determine the membership of each council must be held in accordance with this Act at intervals of 4 years on the basis that voting at the elections will close at 5 pm on the third to last business day before the second Saturday of November in 2026, at 5 pm on the third to last business day before the second Saturday of November in 2030, and so on.\n6—Supplementary elections\n\t(1)\tSubject to this section, if—\n\t(a)\tan election (other than a supplementary election) wholly or partially fails or is declared void; or\n\t(b)\ta casual vacancy occurs in the office of a member of a council,\na supplementary election will be held to fill the office or offices not filled by the election, or the office that has become vacant.\n\t(2)\tA supplementary election will not be held to fill a casual vacancy if—\n\t(a)\tthe vacancy occurs within 12 months before polling day for—\n\t(i)\ta periodic election; or\n\t(ii)\ta general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy; or\n\t(ai)\tparagraph (c) does not apply; and\n\t(i)\tthe vacancy is for an office other than mayor; and\n\t(ii)\tthe area of the council is not divided into wards; and\n\t(iii)\t—\n\t(A)\tif the council has 9 or more offices (excluding the office of mayor)—there is no more than 1 other vacancy in the office of a member of the council; or\n\t(B)\tin any other case—there is no other vacancy in the office of a member of the council; and\n\t(iv)\tit is a policy of the council at the time the vacancy occurs that it will not fill such a casual vacancy or vacancies until the next general election; or\n\t(c)\tthe vacancy—\n\t(i)\tis for an office of a member of the council, other than—\n\t(A)\tmayor; or\n\t(B)\ta member who was declared elected under section 25(1); and\n\t(ii)\toccurs—\n\t(A)\twithin 12 months after polling day for a periodic election or a designated supplementary election; or\n\t(B)\tafter the close of nominations for a designated supplementary election and before polling day for that election,\n(and can be filled in accordance with section 6A) (the subsequent vacancy).\n\t(3)\tHowever, if—\n\t(a)\t1 or more vacancies have not been filled due to the operation of subsection (2)(b); and\n\t(b)\tanother vacancy occurs in the office of a member; and\n\t(c)\tthe other vacancy has not occurred within 12 months before polling day for—\n\t(i)\ta periodic election; or\n\t(ii)\ta general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy,\nthen a supplementary election must be held to fill the vacant offices.\n\t(4)\tIf—\n\t(a)\ta casual vacancy has occurred; and\n\t(b)\ta supplementary election is not to be held by virtue of the operation of subsection (2)(b),\nany subsequent revocation or alteration of a policy of the council in force for the purposes of subsection (2)(b) cannot have effect so as to require the casual vacancy to be filled before the next general election.\n\t(4a)\tIf, before the close of nominations for a designated supplementary election, another vacancy (the subsequent vacancy) occurs in the office of a member of the council (other than in the office of mayor), the subsequent vacancy may be filled by the designated supplementary election.\n\t(4b)\tIf the subsequent vacancy is to be filled by the designated supplementary election—\n\t(a)\tthe returning officer must give public notice that the vacancy will be filled by that election; and\n\t(b)\tthe material accompanying the voting papers to be issued under section 39 for the designated supplementary election must advise voters that the vacancy will be filled by that election.\n\t(5)\tSubject to this Act, a supplementary election must be held as soon as practicable after the occasion for the election arises.\n\t(6)\tThe returning officer must, by public notice, fix a day as polling day for the supplementary election.\n\t(7)\tA notice under subsection (6) must also fix—\n\t(a)\ta day for the close of the voters roll for the purposes of the election (the closing date); and\n\t(b)\tthe time at which voting at the election will close on polling day.\ndesignated supplementary election means—\n\t(a)\tif the area of the council is not divided into wards—a supplementary election held to fill an office or offices of the council; or\n\t(b)\tif the area of the council is divided into wards—a supplementary election held to fill an office or offices of the ward in which the subsequent vacancy has occurred.\n6A—Filling vacancy in certain circumstances\n\t(1)\tIf—\n\t(a)\ta casual vacancy has occurred; and\n\t(b)\ta supplementary election is not to be held by virtue of the operation of section 6(2)(c),\nthe vacancy will be filled in accordance with this section.\n\t(2)\tFor the purposes of subsection (1)—\n\t(a)\tthe returning officer must, in accordance with the regulations, determine the candidate—\n\t(i)\tin the most recent election for the relevant office; or\n\t(ii)\tif a supplementary election is not to be held by virtue of the operation of section 6(2)(c)(ii)(B)—in the designated supplementary election referred to in that subsubparagraph,\nto fill the vacancy (a successful candidate); and\n\t(b)\tthe returning officer must ascertain (in such manner as the returning officer thinks fit) whether the candidate who becomes a successful candidate—\n\t(i)\tis still willing to be elected to the relevant office; and\n\t(ii)\tis still eligible to be elected to the relevant office; and\n\t(i)\tif the person then indicates to the returning officer (within 1 month) that they are so willing and eligible, the returning officer will declare the person elected; or\n\t(ii)\tif the person then indicates to the returning officer (within 1 month) that they are not willing or eligible, or the person does not respond to the returning officer within 1 month, the returning officer must determine the next successful candidate in accordance with the regulations and so on until the vacancy is filled or there are no candidates still willing and eligible to be elected to the relevant office.\n7—Failure of election in certain cases\n\t(1)\tIf, after nominations have closed for an election, it appears that the number of candidates nominated to contest the election is less than the number of persons required to be elected, the election will be taken to have partially failed (in respect of the office or offices not filled under section 25).\n\t(a)\tbetween the close of nominations and the close of voting—\n\t(i)\ta nominated candidate dies; or\n\t(ii)\ta nominated candidate becomes ineligible to be a candidate for election as a member of a council in accordance with section 17; and\n\t(b)\tthe election is to fill one vacancy,\nthe election will be taken to have wholly failed.\n\t(4)\tIf between the close of nominations and the close of voting two or more candidates die or become ineligible to be candidates for election as members of a council in accordance with section 17, the election will be taken to have wholly failed.\n8—Failure or avoidance of supplementary election\n\t(1)\tIf a supplementary election wholly or partially fails or is declared void, the council must appoint a person or persons (being an elector or electors for the area) to the office or offices not filled by the supplementary election.\n\t(1a)\tIf the returning officer declares the nominated candidate or candidates elected under section 25(1a) but not all vacancies are filled, the council must appoint a person or persons (being an elector or electors for the area) to the office or offices that remain unfilled.\n\t(2)\tA council must not appoint a person to an office in pursuance of subsection (1) or (1a) unless the person—\n\t(a)\twould, if an election were held to fill the office, be eligible to stand as a candidate for election to the office; and\n\t(b)\thas made a declaration of eligibility in the prescribed form.\n9—Council may hold polls\n\t(1)\tA council may hold a poll whenever the council considers that it is necessary, expedient or appropriate for a poll to be held.\n\t(2)\tA poll may be held on any matter within the ambit of the council's responsibilities, or as contemplated by the Local Government Act 1999.\n\t(3)\tThe council must fix a day as polling day for the poll by notice published on the council website.\n\t(4)\tA notice under subsection (3) must also fix a day for the close of the voters roll for the purposes of the poll (the closing date).\n\t(5)\tThe returning officer of a council will conduct all polls of the council.\n\t(6)\tVoting at a poll will close at the time determined by the returning officer.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Electoral officers","content":"Part 3—Electoral officers\n10—Returning officer and deputy returning officer\n\t(1)\tThe Electoral Commissioner will be the returning officer for each area.\n\t(2)\tThe Electoral Commissioner may appoint one or more deputy returning officers for an area.\n\t(4)\tNo member of a council is eligible for appointment as a deputy returning officer for that council and no deputy returning officer for a council is eligible to stand for election as a member of that council.\n\t(5)\tThe returning officer will be taken to have delegated to a deputy returning officer all of the returning officer's powers and functions under this Act in respect of the area for which the deputy returning officer has been appointed.\n\t(6)\tA delegation under subsection (5)—\n\t(a)\tis subject to the condition that the deputy returning officer will act in accordance with the directions of the returning officer, and to other conditions and limitations determined by the returning officer; and\n\t(b)\tsubject to a direction of the returning officer—may be the subject of one or more subdelegations; and\n\t(c)\tdoes not prevent the returning officer from acting in a matter.\n\t(7)\tThe Electoral Commissioner may establish or specify courses of training to be undertaken by persons nominated or appointed as deputy returning officers under this section.\n\t(8)\tThe Electoral Commissioner may remove a person from the position of deputy returning officer for any reasonable cause.\n11—Appointment of other electoral officers\n\t(1)\tThe returning officer may engage electoral officers to assist in the conduct of an election or poll.\n\t(2)\tA deputy returning officer may, with the approval of the returning officer, engage electoral officers to assist in the conduct of an election or poll.\n\t(3)\tNo member of a council, or candidate for election as a member of a council, may be engaged as an electoral officer for that council.\n\t(4)\tThe returning officer or a deputy returning officer may, by instrument in writing, delegate to an electoral officer powers or functions under this Act.\n\t(5)\tA delegation under subsection (4)—\n\t(a)\tis subject to conditions and limitations specified in the instrument of delegation; and\n\t(b)\tdoes not prevent the returning officer or a deputy returning officer from acting in a matter; and\n\t(c)\tis revocable at will.\n\t(6)\tIn any legal proceedings, an apparently genuine document purporting to be a certificate signed by the returning officer or a deputy returning officer containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof of those particulars.\n12—Responsibilities of returning officer and councils\nFor the purposes of this Act (but subject to any appointments under this Part and the operation of the Local Government Act 1999)—\n\t(a)\tthe returning officer is responsible for the conduct of elections and polls; and\n\t(b)\ta council is responsible for the provision of information, education and publicity designed to promote public participation in the electoral processes for its area, to inform potential voters about the candidates who are standing for election in its area, and to advise its local community about the outcome of elections and polls conducted in its area.\n13—Costs and expenses\nAll costs and expenses incurred by the returning officer in carrying out official duties must be defrayed from funds of the council.\n13A—Information, education and publicity for general election\n\t(1)\tThe returning officer may, after consultation with the LGA conducted in such manner as the returning officer thinks fit, arrange advertising (the costs of which are recoverable from councils in accordance with a scheme determined by the returning officer) for the purposes of—\n\t(a)\tinforming electors on access to information relating to candidates; and\n\t(b)\tencouraging voting at elections; and\n\t(c)\tinforming electors about postal voting and the method of voting; and\n\t(d)\tadvising potential electors (other than those referred to in section 14(1)(a)) of the requirement to apply to be enrolled on the voters roll.\n\t(2)\tEach council—\n\t(a)\tmust, in a year in which a periodic election is to be held, during the period commencing on 1 January of that year and ending on the day fixed by the returning officer for the close of the roll, inform potential electors in its area (other than those referred to in section 14(1)(a)) of the requirement to apply to be enrolled on the voters roll in accordance with the community engagement charter; and\n\t(b)\tmay arrange advertising relating to any matters referred to in subsection (1).\ncommunity engagement charter—see Local Government Act 1999 (section 4(1)).\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Enrolment","content":"Part 4—Enrolment\n14—Qualifications for enrolment\n\t(1)\tSubject to this Act1—\n\t(a)\ta natural person is entitled, without application, to be enrolled on the voters roll for an area or ward if that person is enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward; and\n\t(ab)\ta natural person (not being a person referred to in paragraph (a)), who is of or above the age of majority and is a State elector, is entitled, on application to the chief executive officer under this section, to be enrolled on the voters roll for an area or ward if that person—\n\t(ii)\tis a ratepayer in respect of rateable property within the area or ward and is the sole owner of that rateable property; or\n\t(iii)\tis a ratepayer in respect of rateable property within the area or ward, is the sole occupier of that rateable property, and is not a resident in respect of that rateable property; and\n\t(b)\ta body corporate is entitled, on application to the chief executive officer under this section, to be enrolled on the voters roll for an area or ward if it is a ratepayer in respect of rateable property within the area or ward and is the sole owner or sole occupier of the rateable property; and\n\t(c)\ta group of persons (consisting of natural persons, bodies corporate or partly of natural persons and partly of bodies corporate) is entitled, on application to the chief executive officer under this section, to be enrolled as a group on the voters roll for an area or ward if—\n\t(i)\tthe members of the group are all ratepayers in respect of rateable property within the area or ward; and\n\t(ii)\tthe members of the group are joint owners, owners in common or joint occupiers of the rateable property; and\n\t(iii)\tat least one member of the group (being a natural person of or above the age of majority or a body corporate) is not enrolled on the relevant voters roll under paragraph (a), (ab) or (b), and no member of the group is enrolled on the relevant voters roll under paragraph (a) as a resident in respect of the rateable property; and\n\t(iv)\tno member of the group who is an occupier of the rateable property but not an owner is a resident in respect of the rateable property.\n\t(1a)\tA natural person is entitled, without application, to provisional enrolment on the voters roll for an area or ward if he or she is provisionally enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward.\n\t(2)\tNo enrolment will be made on the voters roll on the basis of a claim or application received between the time at which rolls for an election or poll close and polling day for the election or poll.\n\t(3a)\tExcept as otherwise provided in this Act, the name of a person, body corporate or group must not be added to the voters roll for an area or ward except in accordance with an application for enrolment.\n\t(3b)\tAn application for enrolment on the voters roll for an area or ward must—\n\t(a)\tbe in a form approved by the returning officer; and\n\t(b)\tbe signed and witnessed as required by the returning officer; and\n\t(c)\tbe made to the chief executive officer of the council.\n\t(3c)\tIf an application for enrolment in respect of an area or ward is received by a chief executive officer, the chief executive officer must enrol the applicant unless—\n\t(a)\tthe chief executive officer believes the applicant is not entitled to be enrolled; or\n\t(i)\tin the case of an application made in respect of an entitlement under subsection (1)(ab)—the natural person is already on the voters roll for the area or ward by virtue of another entitlement to vote; or\n\t(ii)\tin the case of an application made in respect of an entitlement under subsection (1)(b) or (c)—\n\t(A)\tthe designated person of the body corporate or group is already on the voters roll for the area or ward (whether as a designated person or by virtue of another entitlement to vote); or\n\t(B)\tthe chief executive officer believes the designated person of the body corporate or group is not entitled to be the designated person.\n\t(4)\tFor the purposes of subsection (3c)(a) and (b)(ii)(B), the Electoral Commissioner must provide the chief executive officer with any information in the Electoral Commissioner's possession about whether a person is a State elector.\n\t(6)\tThe chief executive officer may determine the name of a group for the purposes of the voters roll.\n\t(7)\tThe name of a group must include the word \"Group\" at the end.\n\t(8)\tFor the purposes of subsection (1)(ab)(iii) and (c)(iv), the chief executive officer is entitled to assume (in the absence of any information in the hands of the chief executive officer to the contrary) that a ratepayer in respect of rateable property used for residential purposes who is a natural person and who is (or who appears to be) an occupier but not an owner of that rateable property is a resident in respect of that rateable property (and the voters roll may have effect accordingly).\n\t(9)\tA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this section.\n","sortOrder":3},{"sectionNumber":"1","sectionType":"section","heading":"Subsection (1) does not apply to the Crown (see section 302 of the Local Government Act 1999).","content":"1\tSubsection (1) does not apply to the Crown (see section 302 of the Local Government Act 1999).\n15—Voters roll\n\t(1)\tThe chief executive officer is responsible for the maintenance of a voters roll for the area.\n\t(2)\tSubject to this section, the voters roll must set out in relation to each person, body corporate or group enrolled—\n\t(a)\tin the case of a natural person—the full name of the person and the address of the person's place of residence; and\n\t(b)\tin the case of a body corporate or group—the full name of the body corporate or group and the full name, residential address and date of birth of the designated person for the body corporate or group; and\n\t(c)\tthe address of the place of residence or rateable property (as the case may be) by virtue of which the person, body corporate or group is entitled to be enrolled; and\n\t(d)\tat the option of the person, body corporate or group—an additional address nominated by the person, body corporate or group (in a manner and form determined by the chief executive officer) for the service of postal voting papers under Part 9; and\n\t(e)\tany prescribed particulars.\n\t(3)\tIf the chief executive officer is satisfied that the inclusion on the voters roll of the address of the place of residence of a person or the address of a place of residence or rateable property (as the case may be) by virtue of which a person is entitled to be enrolled would place at risk the personal safety of that person, a member of that person's family or any other person, the chief executive officer may suppress the address from the voters roll.\n\t(4)\tIf the chief executive officer is satisfied that the address of the place of residence of a person entitled to be enrolled to vote is suppressed from a roll under the Electoral Act 1985, the chief executive officer must also suppress that address from the voters roll.\n\t(5)\tIf an area is divided into wards, the voters roll must differentiate the electors enrolled on the roll according to the wards in respect of which they are entitled to vote.\n\t(5a)\tSubject to subsection (5b), the voters roll expires on 1 January in each year in which a periodic election is to be held and a fresh voters roll is to be prepared after 1 January for the purposes of the election.\n\t•\tThe effect of subsection (5a) is that voters who must apply under section 14 to be enrolled on the roll are required to lodge fresh applications for enrolment prior to each periodic election.\n\t(5b)\tIf a casual vacancy occurs before any time on which the voters roll is to expire under subsection (5a) (the expiry date) but the supplementary election to be held to fill that vacancy will not take place until after the expiry date, for the purposes of the supplementary election, the voters roll is to be taken to continue in existence until the conclusion of the supplementary election.\n\t(6)\tThe voters roll must be maintained in a form that allows for the roll to be brought into an up-to-date form (including by the merger of enrolment information for the House of Assembly) within 2 weeks after the supply of relevant information by the Electoral Commissioner under subsection (10).\n\t(7)\tThe voters roll must be brought up-to-date whenever an election or poll is to be held so as to reflect entitlements as they exist—\n\t(a)\tin the case of a periodic election—on a day fixed by the returning officer for the close of the roll;\n\t(b)\tin the case of any other election, or a poll—on a day fixed for the close of the roll by the proclamation or notice fixing polling day for the election or poll.\n\t(8)\tA day that falls within the ambit of subsection (7) will be the closing date for the roll.\n\t(9)\tThe closing date must not be less than—\n\t(a)\tin the case of the closing date under subsection (7)(a)—13 weeks before polling day for the relevant election;\n\t(b)\tin the case of the closing date under subsection (7)(b)—8 weeks before polling day for the relevant election or poll.\n\t(10)\tThe Electoral Commissioner—\n\t(a)\tmust, within 7 days after a closing date; and\n\t(b)\tmay, at any other time,\nsupply the chief executive officer with a list of the persons who are, as at the closing date or relevant time, enrolled (including those provisionally enrolled) as electors for the House of Assembly in respect of a place of residence within the area.\n\t•\tA list may be supplied in electronic form, or in another manner agreed between the Electoral Commissioner and the chief executive officer.\n\t(11)\tIf the area of a council is divided into wards, the list supplied under subsection (10) must differentiate the electors according to the wards in relation to which they are enrolled.\n\t(12)\tThe Electoral Commissioner is entitled to recover as a debt from a council a fee of an amount determined by the Electoral Commissioner for the supply of a list under this section.\n\t(13)\tThe voters roll must be brought up-to-date in accordance with the requirements of subsection (7) within 3 weeks after the relevant closing date.\n\t(13a)\tFor the purposes of subsection (13), a voters roll will be taken to have been brought up‑to‑date when copies of the roll are available for public inspection under this section.\n\t(14)\tA council must ensure that copies of the roll are available for inspection (without charge) by the public at the principal office of the council.\n\t(15)\tAt any time between the close of nominations and polling day for an election, a nominated candidate for the election (other than a candidate declared elected under section 25(1) or (1a)) is entitled to obtain from the returning officer a copy of the voters roll for the area (and the nominated candidate may, during that period, obtain further copies of the voters roll from the returning officer on payment of the fees fixed by the returning officer).\n\t(16)\tThe chief executive officer must supply the returning officer with sufficient copies of the voters roll, certified by the chief executive officer, for use at an election or poll.\n\t(17)\tThe chief executive officer is not responsible to check the accuracy of a list supplied by the Electoral Commissioner under this section and is entitled to assume that such a list is accurate.\n\t(18)\tThe validity of a voters roll is not affected by a misdescription or other error in the roll.\n\t(19)\tA voters roll is conclusive evidence of the entitlement of a person, body corporate or group whose name appears in the roll as an elector to vote at an election or poll at which the roll is used.1\n\t(20)\tIf a copy of the voters roll is provided to a person under this section, a person who uses that copy of the roll, or information contained in that copy of the roll, for a purpose other than the distribution of matter calculated to affect the result of a local government election or a purpose related to the holding of such an election is guilty of an offence.\nMaximum penalty: $10 000.\n1\tPart 5 is also relevant to determining entitlements to vote.\n","sortOrder":4},{"sectionNumber":"Part 5","sectionType":"part","heading":"Entitlement to vote","content":"Part 5—Entitlement to vote\n16—Entitlement to vote\n\t(1)\tSubject to subsection (1a), a natural person who has his or her name on the voters roll used for an election or poll as an elector in his or her own right is entitled to vote at that election or poll.\n\t(1a)\tA natural person is not entitled to vote at an election if—\n\t(a)\the or she was provisionally enrolled; and\n\t(b)\the or she is not, as at polling day, of or above the age of majority.\n\t(2)\tA natural person is entitled to vote at an election or poll for a body corporate, or group, which has its name on the voters roll if the natural person is the designated person on the voters roll for the body corporate, or group.\n\t(5)\tIf the name of a natural person has been omitted in error from a voters roll used for an election or poll, the person is, subject to this Act, entitled to vote at the election or poll as if the error had not occurred.\n\t(6)\tIf the name of a body corporate has been omitted in error from a voters roll used for an election or poll, a person is, subject to this Act, entitled to vote at the election or poll under subsection (2) as if the error had not occurred.\n\t(7)\tIf the name of a group has been omitted in error from a voters roll used for an election or poll, a person is, subject to this Act, entitled to vote at the election or poll under subsection (2) as if the error had not occurred.\n\t(9)\tA natural person cannot vote at an election or poll for another natural person pursuant to a power of attorney.\n\t(10)\tA natural person may only vote in 1 capacity at an election or poll (but this clause does not prevent a person voting at 2 or more elections for a council held on the same day).\n","sortOrder":5},{"sectionNumber":"Part 6","sectionType":"part","heading":"Entitlement to stand for election and nomination","content":"Part 6—Entitlement to stand for election and nomination\n","sortOrder":6},{"sectionNumber":"Div 1","sectionType":"division","heading":"Entitlement to stand for election","content":"Division 1—Entitlement to stand for election\n17—Entitlement to stand for election\n\t(1)\tSubject to this Act and the Local Government Act 1999, a person is eligible to be a candidate for election as a member of a council if—\n\t(a)\tthe person is an Australian citizen; and\n\t(i)\tthe person is an elector for the area; or\n\t(ii)\tthe person is the nominee of a body corporate which has its name on the voters roll for the area; or\n\t(iii)\tthe person is the nominee of a group which has its name on the voters roll for the area; or\n\t(iv)\tthe person's name has been omitted in error from the voters roll for the area, or the person is the nominee of a body corporate or group which has had its name omitted in error from the voters roll for the area (and would be eligible for nomination under subparagraph (ii) or (iii) (as the case may be) were the name on the roll).\n\t(2)\tSubsection (1)(b) operates subject to the following qualifications:\n\t(a)\ta nominee of a body corporate must be an officer of the body corporate;\n\t(b)\ta nominee of a group must be a member of the group, or an officer of a body corporate that is a member of the group;\n\t(c)\ta body corporate or group cannot nominate more than 1 person for a particular election;\n\t(d)\ta body corporate or group cannot nominate a person who has not attained the age of majority.\n\t(3)\tA person is not eligible to be a candidate for election as a member of a council if the person—\n\t(a)\tis a member of an Australian Parliament; or\n\t(b)\tis an undischarged bankrupt or is receiving the benefit of a law for the relief of insolvent debtors; or\n\t(c)\thas been sentenced to imprisonment and is, or could on the happening of some contingency become, liable to serve the sentence or the remainder of the sentence; or\n\t(d)\tis an employee of the council; or\n\t(e)\tis disqualified from election by court order under the Local Government Act 1999; or\n\t(f)\tis suspended from office under section 55B of the Local Government Act 1999.\n\t(4)\tA person is not eligible to be a candidate for election as a member of a council if the person—\n\t(a)\tin the case of a supplementary election—is a member of another council; or\n\t(b)\tin the case of any election—is a candidate for election as a member of another council.\n","sortOrder":7},{"sectionNumber":"Div 2","sectionType":"division","heading":"Nomination","content":"Division 2—Nomination\n18—Call for nominations\nThe returning officer must not later than 14 days before the day on which nominations close for a particular election give public notice stating the vacancies to be filled at the election and inviting nomination of candidates for election to the vacancies.\n19—Manner in which nominations are made\n\t(1)\tA person who is eligible to be a candidate for election to an office of a council may nominate (or, in the case of a nominee of a body corporate or group, be nominated) in the prescribed manner as a candidate for election to the office.\n\t(2)\tThe nomination must be accompanied by—\n\t(a)\ta declaration of eligibility made by the candidate; and\n\t(b)\ta profile of the candidate that complies with the regulations; and\n\t(c)\tother information and material required by the regulations.\n\t(3)\tA profile under subsection (2) may include a photograph of the candidate (that complies with the regulations).\n\t(4)\tA nomination must be lodged with the returning officer not earlier than 14 days before the day on which nominations close.\n\t(5)\tThe returning officer must cause a note to be made of the date and time of the receipt of a nomination form under this section.\n\t(6)\tThe returning officer may reject a nomination if in the opinion of the returning officer the name under which the candidate is nominated—\n\t(a)\tis obscene; or\n\t(b)\tis frivolous; or\n\t(c)\thas been assumed for an ulterior purpose.\n\t(7)\tThe returning officer must reject a nomination if it appears to the returning officer that the nominated candidate has already been nominated for election to another vacancy (by a nomination lodged with the returning officer) and that the earlier nomination has not been withdrawn before the lodging of the nomination.\n19A—Publication of candidate profiles\n\t(2)\tThe returning officer must, as soon as is reasonably practicable after the close of nominations (and in any event within 14 days after the close of nominations), cause each candidate's profile supplied under section 19(2)(b) to be published, in accordance with any requirements of the regulations, on the Internet.\n\t(4)\tDespite any other provision of this Act or any other law, a candidate is solely responsible for their profile under section 19(2)(b) and the returning officer, a council or any person involved (whether as an Internet service provider or otherwise) in the administration of the Internet publication referred to in subsection (2) bears no civil or criminal liability with respect to the publication of a profile in accordance with this section.\n20—Questions of validity\n\t(1)\tOn receipt of a form of nomination, the returning officer must, if of the opinion that there is any matter that might render the nomination invalid, take all reasonable steps to notify the nominated candidate of the matter in order to enable the candidate to address the matter before the close of nominations.\n\t(2)\tA dispute as to the validity of a nomination must be determined summarily by the returning officer.\n21—Publication etc of valid nominations\n\t(1)\tThe returning officer must, from the day on which the notice inviting nominations for an election is published until 24 hours after the close of nominations, keep an up to date record (as far as is reasonably practicable) of the number of valid nominations received, and the name of each nominated candidate, accessible to the public on the Internet.\n\t(2)\tThe returning officer must, within 24 hours after the close of nominations—\n\t(a)\tprovide a council with a list of all valid nominations relevant to the council's area; and\n\t(b)\tpublish a list of all valid nominations on the Internet.\n22—Ability to withdraw a nomination\n\t(1)\tA nominated candidate may at any time before the close of nominations, by notice given to the returning officer, withdraw the nomination.\n\t(2)\tA body corporate or group of persons who have nominated a candidate under this Part may at any time before the close of nominations, by notice given to the returning officer, withdraw the nomination.\n23—Close of nominations\nNominations close—\n\t(a)\tin the case of a periodic election—at 12 noon on the sixth Tuesday after the closing day fixed under section 15(7)(a);\n\t(b)\tin other cases—at 12 noon on a day appointed by the returning officer as nomination day, being a day that falls not less than 21 days before polling day for the relevant election.\n24—Multiple nominations\nIf, at the close of nominations, it appears that the same person has been nominated for election to two or more vacancies, both or all the nominations are void.\n25—Uncontested elections\n\t(1)\tIf, after nominations have closed, it appears that the number of candidates nominated to contest the election does not exceed the number of persons required to be elected, the returning officer must declare the nominated candidate or candidates elected.\n\t(1aa)\tA declaration under subsection (1) relating to a periodic election must be made at the same time as the drawing of lots under section 29(3) for the purposes of the periodic election is conducted.\n\t(1a)\tIf—\n\t(a)\tafter the close of nominations for a designated supplementary election and before the commencement of the issue of voting papers under section 39(1) for that election, another vacancy occurs in the office of a member of the council (other than in the office of mayor) (the subsequent vacancy); and\n\t(b)\tit appears that the number of candidates nominated to contest the election does not exceed the number of persons required to be elected,\nthe returning officer must declare the nominated candidate or candidates elected.\n\t(2)\tIf a candidate is declared elected under subsection (1) or (1a)—\n\t(a)\tin the case of a supplementary election—the election of the candidate takes effect immediately; and\n\t(b)\tin other cases—the election of the candidate takes effect at the conclusion of the relevant elections (see section 4(2) of the Local Government Act 1999).\ndesignated supplementary election has the same meaning as in section 6.\n26—Notices\n\t(1)\tThe returning officer must, within 16 days of the close of nominations, give public notice and notice in writing to the candidates setting forth—\n\t(a)\tthe names of the candidates nominated and the offices for which they were nominated; and\n\t(b)\tthe names of any candidates declared elected in pursuance of this Part; and\n\t(c)\tif an election is to be held—the day appointed as polling day for the election; and\n\t(d)\tinformation on the operation of Part 14.\n\t(2)\tIf an election is to be held, a notice given to a candidate under subsection (1) should be accompanied by a statement (in a form determined by the Electoral Commissioner) concerning illegal practices under this Act.\n","sortOrder":8},{"sectionNumber":"Part 7","sectionType":"part","heading":"Electoral material","content":"Part 7—Electoral material\n27—Publication of electoral material\n\t(1)\tA person must not publish electoral material or cause electoral material to be published unless the material contains—\n\t(a)\tthe name and address of the person who authorises publication of the material; and\n\t(b)\tin the case of printed electoral material—the name and prescribed information of the printer or other person responsible for undertaking its production.\n\t(1a)\tIf—\n\t(a)\telectoral material is published on the Internet; and\n\t(b)\tthe name and address of the person who authorises publication of the material is immediately accessible on the Internet by viewers of the material in accordance with any requirements prescribed by regulation,\nthat name and address need not be contained in the electoral material.\n\t(2)\tIf electoral material is published in a newspaper that has been published at intervals of one month or less over a period of at least six months immediately preceding the publication of the electoral material, the name and prescribed information of the printer need not be contained in the electoral material.\n\t(3)\tIf electoral material is published in a newspaper as a letter to the editor, it is an offence to publish the material without the name and address (not being a post box) of the writer of the letter.\n\t(4)\tIf electoral material is published on the Internet by a person other than the person who established or controls the Internet site or other platform (or the relevant part of it), the person who established or controls the Internet site or other platform (or the relevant part of it) is not taken to have published the material or caused the electoral material to be published unless that person authorised, whether directly or indirectly, the publishing of the material on the Internet site or other platform.\nprescribed information means—\n\t(a)\tif the printer or other person responsible for undertaking production of the printed electoral material has a physical address—that address; or\n\t(b)\tif the printer or other person responsible for undertaking production of the printed electoral material does not have a physical address—the email address or website address of the printer or other person.\n28—Publication of misleading material\n\t(1)\tIf—\n\t(a)\telectoral material contains a statement purporting to be a statement of fact; and\n\t(b)\tthe statement is inaccurate and misleading to a material extent,\na person who authorised, caused or permitted the publication of the material (the publisher) is guilty of an offence.\n\t(1a)\tA person (the relevant person) is not taken to have authorised, caused or permitted the publication of electoral material if it is published by a person other than the relevant person on an Internet site or other platform established or controlled (or partly established or controlled) by the relevant person unless the relevant person authorised, whether directly or indirectly, the publishing of the material on the Internet site or other platform.\n\t(2)\tIt is a defence to a charge of an offence against subsection (1) for the defendant to prove—\n\t(a)\tthat he or she took no part in determining the contents of the material; and\n\t(b)\tthat he or she could not reasonably be expected to have known that the statement to which the charge relates was inaccurate and misleading.\n\t(2a)\tIf the Electoral Commissioner is satisfied that published electoral material contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Electoral Commissioner may request the publisher to do 1 or more of the following:\n\t(a)\twithdraw the material from further publication;\n\t(b)\tpublish a retraction in specified terms and a specified manner and form,\n(and in proceedings for an offence against subsection (1) arising from the material, the publisher's response to a request under this subsection may be taken into account in assessing any penalty to which the publisher may be liable).\n\t(2b)\tIf the Supreme Court is satisfied beyond reasonable doubt on application by the Electoral Commissioner that published electoral material contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Court may order the publisher to do 1 or more of the following:\n\t(a)\twithdraw the material from further publication;\n\t(b)\tpublish a retraction in specified terms and a specified manner and form.\n\t(3)\tThis section applies to material published by any means (including radio or television).\n\t(4)\tNo action under this section lies against the returning officer with respect to the publication of material provided to the returning officer by a candidate for election under section 19.\n","sortOrder":9},{"sectionNumber":"Part 8","sectionType":"part","heading":"Preparation for an election or poll","content":"Part 8—Preparation for an election or poll\n29—Ballot papers\n\t(1)\tIf an election is to be held for an office, a ballot paper showing the names of all candidates for election to that office must be prepared.\n\t(2)\tThe names of the candidates in a particular election must be arranged on the ballot paper, one under the other, in an order determined by lot.\n\t(3)\tThe drawing of lots for the purposes of subsection (2) must be conducted by the returning officer in the presence of 2 persons who are of or above the age of majority and other persons who wish to be present—\n\t(a)\tin the case of a periodic election—at the time determined by the returning officer on the day after the day of the close of nominations, which must be as soon as is reasonably practicable after 9 am on that day; or\n\t(b)\tin any other case—at 12 noon, or as soon as is reasonably practicable after 12 noon, on the day of the close of nominations.\n\t(4)\tA square must be placed to the left of each name appearing on the ballot paper.\n\t(5)\tA ballot paper must conform with other requirements prescribed by regulation.\n30—Appointment of place for counting votes\n\t(1)\tThe returning officer must appoint a place for the counting of votes for the purposes of an election.\n\t(2)\tThe returning officer must, at least seven days before polling day, give public notice of the place for the counting of votes.\n\t(3)\tIn cases of emergency, the returning officer may, without giving public notice under subsection (2), appoint a place for the counting of votes for the purposes of an election in substitution for, or in addition to, a place previously appointed by the returning officer.\n31—Special arrangements for issue of voting papers\n\t(1)\tThe returning officer may make arrangements for—\n\t(a)\tthe delivery of voting papers (whether in printed or electronic form) to persons who reside at, or who attend, a specified institution, a specified part of an institution, or a specified place, and who are entitled to voting papers under this Act; and\n\t(b)\tthe attendance of electoral officers at a specified institution, or a specified part of an institution, or a specified place, in order to assist persons in voting and to collect completed voting papers.\n\t(2)\tThe returning officer must take reasonable steps to inform candidates and electors of any arrangements made under subsection (1).\n32—Scrutineers\n\t(1)\tEach candidate may appoint one or more scrutineers for the purposes of an election.\n\t(2)\tA candidate in an election for the council (including a candidate who has already been declared elected) is not eligible for appointment as a scrutineer.\n\t(3)\tAn appointment under this section is ineffective unless the candidate has given notice in writing to the returning officer of the appointment.\n33—Ballot papers\n\t(1)\tA ballot paper for a poll must be designed to suit voting on the particular proposition to be submitted to electors.\n\t(2)\tThe returning officer will be responsible for the design of the ballot paper after consultation with the council.\n\t(3)\tA ballot paper must conform with any requirement prescribed by regulation.\n34—Appointment of a place for counting votes\n\t(1)\tThe returning officer must appoint a place for the counting of votes for the purposes of a poll.\n\t(2)\tThe returning officer must, at least seven days before polling day, give public notice of the place for the counting of votes.\n\t(3)\tIn cases of emergency, the returning officer may, without giving public notice under subsection (2), appoint a place for the counting of votes for the purposes of a poll in substitution for, or in addition to, a place previously appointed by the returning officer.\n35—Special arrangements for issue of voting papers\nThe returning officer may make arrangements for—\n\t(a)\tthe delivery of voting papers (whether in printed or electronic form) to persons who reside at, or who attend, a specified institution, or a specified part of an institution, or a specified place, and who are entitled to voting papers under this Act; and\n\t(b)\tthe attendance of electoral officers at a specified institution, or a specified part of an institution, or at a specified place, in order to assist persons in voting and to collect completed voting papers.\n36—Scrutineers\nThe council may appoint suitable persons to act as scrutineers for the purposes of a poll.\n","sortOrder":10},{"sectionNumber":"Part 9","sectionType":"part","heading":"Voting generally","content":"Part 9—Voting generally\n37—Postal voting to be used\n\t(1)\tSubject to section 41A, voting at an election or poll will be conducted on the basis of postal voting.\n\t(2)\tSubsection (1) does not prevent—\n\t(a)\tthe delivery (whether personal or otherwise) and collection of voting papers under Part 8; or\n\t(b)\tthe personal provision and return of voting papers under this Part.\n38—Notice of use of postal voting\nThe returning officer must, at least 28 days before polling day for an election or poll, by notice including the prescribed information published in a newspaper circulating in the area, inform electors that voting in the election or poll will be conducted entirely by means of postal voting.\n39—Issue of postal voting papers\n\t(1)\tThe returning officer must, as soon as practicable after the twenty eighth day before polling day, and in any event not later than 21 days before polling day, issue to every natural person, body corporate or group who or which has their or its name on the voters roll used for the purposes of the election or poll postal voting papers consisting of—\n\t(a)\ta ballot paper (or, in an appropriate case, ballot papers) authenticated to the satisfaction of the returning officer; and\n\t(b)\tan opaque envelope bearing a declaration (in a form determined by the Electoral Commissioner), to be completed by the voter, declaring the voter's date of birth and—\n\t(i)\tthat the ballot paper contained in the envelope contains their vote; and\n\t(ii)\tthat they have not already voted at the election or poll; and\n\t(iia)\tif the voting papers are issued to a natural person—that the person is a State elector; and\n\t(iii)\tif the voting papers are issued to a body corporate or group—that they are eligible to vote and are the designated person for the body corporate or group.\n\t(2)\tThe declaration under subsection (1) must appear on a tear-off extension to the envelope flap.\n\t(3)\tAn envelope used under subsection (1) must be—\n\t(a)\ta pre-paid post envelope addressed to the returning officer; or\n\t(b)\taccompanied by a pre-paid post envelope addressed to the returning officer,\nand must comply with any prescribed requirement.\n\t(4)\tPostal voting papers must also be issued to any person, body corporate or group of persons whose name does not appear on the voters roll but who claims to be entitled to vote at the election or poll and applies to the returning officer for voting papers not later than 5 pm on the seventh day before polling day.\n\t(5)\tPostal voting papers issued under subsection (4) must also include a declaration (in a form determined by the Electoral Commissioner) for the voter to set out the grounds on which an entitlement to vote is claimed.\n\t(6)\tPostal voting papers issued under this section must be accompanied by an explanatory notice and a set of candidate profiles that comply with the regulations and may be accompanied by other material determined by the returning officer.\n\t(7)\tPostal voting papers may be issued under this section—\n\t(a)\tby giving them to the prospective voter personally; or\n\t(b)\tby sending them by post—\n\t(i)\tto a prospective voter at the appropriate address on the voters roll; or\n\t(ii)\tin the case of a body corporate or group (without limiting any other method of delivery)—to the designated person for the body corporate or group at the address of the designated person on the voters roll; or\n\t(iii)\tin the case of a prospective voter whose name and address do not appear on the voters roll—at some other address of which the returning officer has received notice in a manner determined or approved by the returning officer.\n\t(8)\tThe returning officer must keep a record of the electors and other persons to whom voting papers are issued under this section.\n\t(9)\tIf postal voting papers are returned because they have not been able to be successfully delivered, the returning officer must retain those voting papers in a secure place.1\n\t(10)\tThe returning officer is not obliged to check the date of birth of a voter, or any other information, provided under this section (but may do so on a selective, random or other basis determined by the returning officer).\n\t(11)\tA vote may be admitted to the count notwithstanding that the voter's date of birth has not been declared (or accurately declared) under this section, or that there has been some other formal defect or error on the part of the voter in complying with the requirements of this section (unless the returning officer is of the opinion that the defect or error is sufficiently significant to warrant the rejection of the vote).\n\t(12)\tThe returning officer is not required to issue postal voting papers under this section with respect to a person who the returning officer has reason to believe has died.\n1\tFresh voting papers may be subsequently issued under section 43.\n40—Procedures to be followed for voting\n\t(1)\tIf a person to whom postal voting papers have been issued desires to vote by use of those papers, the following procedure must be followed:\n\t(a)\tthe voter must mark his or her vote in the manner prescribed by this Act on the ballot paper supplied;\n\t(b)\tthe voter must then fold the ballot paper so as to conceal the vote and place the folded ballot paper in the envelope and seal the envelope;\n\t(c)\tthe voter must then ensure that any relevant declaration is signed;\n\t(d)\tthe sealed envelope must then be delivered to an electoral officer for the relevant council (by post or personally) not later than the close of voting on polling day.\n\t(2)\tAn electoral officer must, on the receipt of voting papers under subsection (1), immediately ensure the security of those voting papers in accordance with directions issued by the returning officer for the purposes of the election or poll.\n\t(3)\tHowever, an electoral officer may, before taking steps under subsection (2), check relevant information in accordance with instructions issued by the returning officer.\n41—Voter may be assisted in certain circumstances\n\t(1)\tSubject to subsection (2), if a person who desires to vote by use of postal voting papers is illiterate or physically unable to carry out a procedure under this Part, a person of the voter's choice (being a person of or above the age of majority) may render such assistance as may be necessary in the circumstances and may, if necessary, vote on behalf of the voter in accordance with his or her directions and complete any declaration on behalf of the voter.1\n\t(2)\tA person must not act under subsection (1) without first obtaining the approval of the returning officer to do so.\n\t(3)\tAn approval under subsection (2)—\n\t(a)\tmay be given in such manner as the returning officer thinks fit; and\n\t(b)\tmay be given subject to such conditions as the returning officer thinks fit.\n1\tThis section operates subject to section 61.\n41A—Assisted voting\n\t(1)\tThe regulations may make provision in relation to voting in an election or poll by prescribed electors by means of an assisted voting method.\n\t(2)\tWithout limiting the generality of subsection (1), regulations made for the purposes of this section may—\n\t(a)\tdetermine, or provide for the determination of, 1 or more assisted voting methods and, in relation to each such method, determine, or provide for the determination of, the following:\n\t(i)\tmatters related to voting using the assisted voting method, including the provision of assistance to electors using the method, requirements to be followed after an elector has used the method and matters of privacy and secrecy;\n\t(ii)\tthe number of places where the assisted voting method is to be available, the location of those places (if relevant) and the days and times at which the method is to be available;\n\t(iii)\twhich electors may use the assisted voting method; and\n\t(b)\trequire the making of a record of each person who has voted using an assisted voting method; and\n\t(c)\tspecify the information that is to be included in a record; and\n\t(d)\tprovide for the production of a record of the vote each person has cast, which must not contain any means of identifying the person who cast the vote; and\n\t(e)\tprovide for the appointment by the returning officer of officers in relation to the conduct of an assisted voting method; and\n\t(f)\tprovide for the application of this Act, or provisions of this Act, in relation to votes cast using an assisted voting method, including the modification of the application of this Act or a provision of this Act in relation to such votes; and\n\t(g)\tmake provision for any other matters related to assisted voting.\n\t(3)\tTo avoid doubt, nothing in this section (or in regulations made for the purposes of this section) authorises any elector to vote in more than 1 capacity at an election or poll.\n\t(4)\tAn assisted voting method must be such that an elector using the method in relation to an election or poll—\n\t(a)\treceives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election or poll that the elector would be given if the elector were voting by postal vote under this Part; and\n\t(b)\tis able to indicate a vote in a way that, if the elector were marking a ballot paper, would not be an informal ballot paper.\n\t(5)\tSubject to this section, if an elector votes using an assisted voting method (an assisted vote)—\n\t(a)\tthis Act applies (subject to any modifications prescribed under subsection (2)(f)) in relation to an assisted vote as if it were a vote delivered to an electoral officer for the relevant council in a sealed envelope; and\n\t(b)\tthe record of the assisted vote produced in accordance with the regulations is to be taken to be a ballot paper for the purposes of this Act; and\n\t(c)\tthe requirements of this Act in relation to the elector's right to receive a ballot paper are to be taken to have been satisfied.\n\t(6)\tThe returning officer may, by notice in the Gazette, determine that an assisted voting method is not to be used either generally or at 1 or more specified places.\n\t(7)\tA notice under subsection (6) must specify the election or poll in respect of which the determination applies.\nprescribed elector means a sight‑impaired elector or an elector of a class prescribed by the regulations for the purposes of this definition;\nsight‑impaired elector means an elector whose sight is impaired such that the elector is unable to vote without assistance.\n41B—Trial of in person voting before polling day for supplementary elections\n\t(1)\tThe regulations may make provision in relation to voting in a supplementary election held during the trial period for the purposes of electors exercising their vote in the supplementary election by attending at a place established by the returning officer for the taking of votes before polling day for the supplementary election (a pre-polling centre).\n\t(2)\tWithout limiting the generality of subsection (1), regulations made for the purposes of this section may—\n\t(a)\tprovide for, or provide for the determination of—\n\t(i)\trequirements relating to pre-polling centres; and\n\t(ii)\tthe days and times at which voting is to be available at pre-polling centres; and\n\t(b)\tmodify or disapply a provision of this Act or the City of Adelaide Act 1998 for the purposes of electors exercising their vote at pre-polling centres; and\n\t(c)\tmake provision for any other matters related to electors exercising their vote at pre-polling centres.\n\t(3)\tNothing in this section (or regulations made under this section) affects other methods of voting at a supplementary election held during the trial period.\n\t(4)\tIn this section—\ntrial period means the period commencing 30 days after polling day for the periodic election to be held in 2026 and ending on the closing date for the periodic election to be held in 2030.\n42—Signature to electoral material\nIf a person who is unable to sign his or her name in writing makes a mark as his or her signature on any voting material, the mark will be taken to be the person's personal signature if it is witnessed by a person who provides his or her signature to verify the mark.\n43—Issue of fresh postal voting papers\n\t(1)\tIf the returning officer is satisfied that postal voting papers issued to an elector—\n\t(a)\thave not been received by the elector; or\n\t(b)\thave been lost; or\n\t(c)\thave been inadvertently spoiled,\nthe returning officer may issue fresh postal voting papers to the elector.\n\t(2)\tThe returning officer must keep a record of the issue of voting papers under this section.\n\t(3)\tThe issue of fresh voting papers under this section automatically cancels the original voting papers.\n\t(4)\tAn application for the issue of fresh voting papers must be received by the returning officer not later than 5 pm on the seventh day before polling day.\n44—Security of votes\n\t(1)\tThe returning officer must ensure that arrangements are in place for the efficient receipt and safekeeping of envelopes returned by persons voting at an election or poll, and for the confidential scrutiny of those envelopes (if the returning officer so chooses but without opening the envelopes) pending the close of voting.\n\t(2)\tThe returning officer may give directions to other electoral officers for the purposes of subsection (1).\n","sortOrder":11},{"sectionNumber":"Part 10","sectionType":"part","heading":"Method of voting","content":"Part 10—Method of voting\n45—Method of voting at elections\n\t(1)\tTo make a formal vote at an election a person must make a vote on the ballot paper—\n\t(a)\tif only one candidate is required to be elected—by placing the number 1 in the square opposite the name of the candidate of the voter's first preference and, if the voter so desires, by placing the number 2 and consecutive numbers in the squares opposite the names of other candidates in the order of the voter's preference for them;\n\t(b)\tif more than one candidate is required to be elected—by placing consecutive numbers beginning with the number 1 in the squares opposite the names of candidates in the order of the voter's preference for them until the voter has indicated a vote for a number of candidates equal to the number of candidates required to be elected and then, if the voter so desires, by continuing to place consecutive numbers for one or more additional candidates in the order of the voter's preference.\n\t(2)\tA tick or cross appearing on a ballot paper is equivalent to the number 1.\n\t(a)\ta series of numbers (starting from the number 1) appearing on a ballot paper is non-consecutive by reason only of the omission of one or more numbers from the series or the repetition of a number (not being the number 1); and\n\t(b)\tif more than one candidate is required to be elected—the numbers are at least consecutive up to the number of candidates required to be elected,\nthe ballot paper is not informal and the votes are valid up to the point at which the omission or repetition occurs.\n\t(4)\tA ballot paper is not informal by reason of non-compliance with this section if the voter's intention is clearly indicated on the ballot paper.\n46—Method of voting at polls\n\t(1)\tA person voting at a poll must vote according to the directions that appear on the ballot paper.\n\t(2)\tThe returning officer will determine the directions that appear on ballot papers for the purposes of the poll.\n\t(3)\tA ballot paper is not informal by reason of non-compliance with the directions if the voter's intention is clearly indicated on the ballot paper.\n","sortOrder":12},{"sectionNumber":"Part 11","sectionType":"part","heading":"Counting of votes","content":"Part 11—Counting of votes\nDivision 1—Arranging voting papers\n47—Arranging postal papers\n\t(1)\tThe returning officer will—\n\t(a)\tin the case of a supplementary election or a poll held in conjunction with a supplementary election—as soon as is practicable after the close of voting; or\n\t(b)\tin any other case—on the third day following polling day for the election or poll (at a time determined to be reasonable by the returning officer),\nwith the assistance of any other electoral officers who may be present, ensure that all voting papers returned for the purposes of the election or poll in accordance with this Act are made available for the purposes of this section.\n\t(2)\tFor the purposes of the scrutiny of voting papers, the returning officer will, with the assistance of any other electoral officers who may be present, and in the presence of any scrutineers who may be present—\n\t(a)\texamine the declarations used for voting (and validly returned) and determine which votes are to be accepted for further scrutiny and which rejected from further scrutiny, rejecting unopened—\n\t(i)\tany envelope that forms part of a set of voting papers that have been cancelled under this Act; and\n\t(ii)\tany 2 or more envelopes where it appears to the returning officer that the voter has acted in more than 1 capacity at the particular election or poll; and\n\t(iii)\tany envelope where the voter's name does not appear on the voters roll, unless the voter is the designated person for a body corporate or group, or unless the voter's name has been omitted from the roll in error; and\n\t(iv)\tany envelope where the voter does not appear to be a State elector; and\n\t(v)\tany envelope where the signature does not, to the satisfaction of the returning officer, correspond with the signature on the application (if any) of the voter for the relevant voting papers; and\n\t(b)\ttear off the extensions to the envelope flaps on the envelopes accepted under paragraph (a); and\n\t(c)\trearrange the envelopes that no longer bear their tear-off extensions so that the anonymity of voters is maintained; and\n\t(d)\tremove the ballot papers from those envelopes; and\n\t(e)\tif an envelope contains more than one ballot paper and a scrutineer challenges the number of ballot papers contained in the envelope—satisfy himself or herself that the envelope does not contain more ballot papers than the number to which the voter is entitled and, if the returning officer is not so satisfied, return all of those ballot papers to the envelope and reject them from the count; and\n\t(f)\texamine the remaining ballot papers and reject any informal ballot papers; and\n\t(g)\tarrange all unrejected ballot papers into appropriate parcels for counting.\nDivision 2—Counting and declaration of results in elections\n48—Method of counting and provisional declarations\n\t(1)\tThe returning officer must, with the assistance of any other electoral officers who may be present, and in the presence of any scrutineers who may be present, conduct the counting of the votes in an election to fill more than 1 vacancy according to the following method:\n\t(a)\tthe number of first preference votes given for each candidate and the total number of all such votes must be ascertained and a quota determined by dividing the total number of first preference votes by one more than the number of candidates required to be elected and by increasing the quotient so obtained (disregarding any remainder) by one and, where any candidate has received a number of first preference votes equal to or greater than the quota, the returning officer must make a provisional declaration that the candidate has been elected;\n\t(b)\tnotwithstanding paragraph (a) or any other paragraph of this subsection, if the total number of all first preference votes does not exceed—\n\t(i)\t150; or\n\t(ii)\twhere a different number is prescribed for the purposes of this paragraph—that number,\nthe number of votes of any kind contained in the ballot papers will, for the purposes of any counting or calculation under paragraph (a) or any other paragraph of this subsection, be taken to be the number obtained by multiplying the number of votes of that kind contained in the ballot papers by 100;\n\t(c)\tunless all the vacancies have been filled, the surplus votes of each elected candidate must be transferred to the continuing candidates as follows:\n\t(i)\tthe number of surplus votes of the elected candidate must be divided by the number of first preference votes received by that candidate and the resulting fraction will be the transfer value;\n\t(ii)\tthe total number of the first preference votes for the elected candidate that are contained in ballot papers that express the next available preference for a particular continuing candidate must be multiplied by the transfer value, the number so obtained (disregarding any fraction) must be added to the number of first preference votes of the continuing candidate and all those ballot papers must be transferred to the continuing candidate,\nand, where any continuing candidate has received a number of votes equal to or greater than the quota on the completion of any such transfer, the returning officer must make a provisional declaration that the candidate has been elected;\n\t(d)\tunless all the vacancies have been filled, the surplus votes (if any) of any candidate elected under paragraph (c), or elected subsequently under this paragraph, must be transferred to the continuing candidates in accordance with paragraph (c)(i) and (ii) and, where any continuing candidate has received a number of votes equal to or greater than the quota on the completion of any such transfer, the returning officer must make a provisional declaration that the candidate has been elected;\n\t(e)\tif a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer under paragraph (c) or (d) of the surplus votes of a particular elected candidate, no votes of any other candidate may be transferred to the continuing candidate;\n\t(f)\tfor the purposes of the application of paragraph (c)(i) and (ii) in relation to a transfer under paragraph (d) or (h) of the surplus votes of an elected candidate, each ballot paper of the elected candidate that was obtained on a transfer under this subsection must be dealt with as if any vote it expressed for the elected candidate were a first preference vote, as if the name of any other candidate previously elected or excluded had not been on the ballot paper and as if the numbers indicating subsequent preferences had been altered accordingly;\n\t(g)\tif, after the counting of first preference votes or the election of a candidate and the transfer of the surplus votes (if any) of the elected candidate that are capable of being transferred, no candidate has, or less than the number of candidates required to be elected have, received a number of votes equal to the quota, the candidate who has the fewest votes must be excluded and all the excluded candidate's votes must be transferred to the continuing candidates as follows:\n\t(i)\tthe total number of the first preference votes for the excluded candidate that are contained in ballot papers that express the next available preference for a particular continuing candidate must be transferred, each first preference vote at a transfer value of one, to the continuing candidate and added to the number of votes of the continuing candidate and all those ballot papers must be transferred to the continuing candidate;\n\t(ii)\tthe total number (if any) of other votes obtained by the excluded candidate on transfers under this subsection must be transferred from the excluded candidate in the order of the transfers on which they were obtained, the votes obtained on the earliest transfer being transferred first, as follows:\n\t(A)\tthe total number of votes transferred to the excluded candidate from a particular candidate that are contained in ballot papers that express the next available preference for a particular continuing candidate must be multiplied by the transfer value at which the votes were so transferred to the excluded candidate;\n\t(B)\tthe number so obtained (disregarding any fraction) must be added to the number of votes of the continuing candidate;\n\t(C)\tall those ballot papers must be transferred to the continuing candidate;\n\t(h)\tif any continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer under paragraph (g) or (i) of votes of an excluded candidate, the returning officer must make a provisional declaration that the candidate has been elected and, unless all the vacancies have been filled, the surplus votes (if any) of the candidate so elected must be transferred in accordance with paragraph (c)(i) and (ii), except that, if the candidate so elected is elected before all the votes of the excluded candidate have been transferred, the surplus votes (if any) of the candidate so elected must not be transferred until the remaining votes of the excluded candidate have been transferred in accordance with paragraph (g)(i) and (ii) to continuing candidates;\n\t(i)\tsubject to paragraph (k), if, after the exclusion of a candidate and the transfer of the votes (if any) of the excluded candidate that are capable of being transferred, no continuing candidate has received a number of votes greater than the quota, the continuing candidate who has the fewest votes must be excluded and his or her votes transferred in accordance with paragraph (g)(i) and (ii);\n\t(j)\tif a candidate is elected as a result of a transfer of the first preference votes of an excluded candidate or a transfer of all the votes of an excluded candidate that were transferred to the excluded candidate from a particular candidate, no other votes of the excluded candidate may be transferred to the candidate so elected;\n\t(k)\tin respect of the last vacancy for which two continuing candidates remain, the returning officer must make a provisional declaration that the continuing candidate who has the larger number of votes has been elected notwithstanding that that number is below the quota and, if those candidates have the same number of votes, the candidate with the larger number of votes at the last preceding count or transfer will be taken to be the elected and, if the number of votes at that count or transfer was equal, the returning officer must, in the presence of any scrutineers who may be present, draw lots to determine which of the candidates is to be elected;\n\t(l)\tnotwithstanding any other provision of this subsection, if, on the completion of a transfer of votes under this subsection, the number of continuing candidates is equal to the number of remaining unfilled vacancies, the returning officer must make a provisional declaration that those candidates have been elected;\n\t(m)\tfor the purposes of this subsection—\n\t(i)\tthe order of election of candidates will be taken to be in accordance with the order of the count or transfer as a result of which they were elected, the candidates (if any) elected on the count of first preference votes being taken to be the earliest elected; and\n\t(ii)\tif two or more candidates are elected as a result of the same count or transfer, the order in which they will be taken to have been elected will be in accordance with the relative numbers of their votes, the candidate with the largest number of votes being taken to be the earliest elected but, if any two or more of those candidates each have the same number of votes, the order in which they will be taken to have been elected will be taken to be in accordance with the relative numbers of their votes at the last count or transfer before their election at which each of them had a different number of votes, the candidate with the largest number of votes at that count or transfer being taken to be the earliest elected and, if there has been no such count or transfer, the returning officer must, in the presence of any scrutineers who may be present, draw lots to determine the order in which they will be taken to have been elected;\n\t(n)\tsubject to paragraphs (o) and (p), if, after any count or transfer under this subsection, two or more candidates have surplus votes, the order of any transfers of the surplus votes of those candidates will be in accordance with the relative sizes of the surpluses, the largest surplus being transferred first;\n\t(o)\tsubject to paragraph (p), if, after any count or transfer under this subsection, two or more candidates have equal surpluses, the order of any transfers of the surplus votes of those candidates will be in accordance with the relative numbers of votes of those candidates at the last count or transfer at which each of those candidates had a different number of votes, the surplus of the candidate with the largest number of votes at that count or transfer being transferred first but, if there has been no such count or transfer, the returning officer must, in the presence of any scrutineers who may be present, draw lots to determine the order in which the surpluses will be dealt with;\n\t(p)\tif, after any count or transfer under this subsection, a candidate obtains surplus votes, those surplus votes will not be transferred before the transfer of any surplus votes obtained by any other candidate on an earlier count or transfer;\n\t(q)\tif the candidate who has the fewest votes is required to be excluded and two or more candidates each have the fewest votes, whichever of those candidates had the fewest votes at the last count or transfer at which each of those candidates had a different number of votes will be excluded but, if there has been no such count or transfer, the returning officer must, in the presence of any scrutineers who may be present, draw lots to determine which candidate will be excluded;\n\t(r)\tif a candidate is elected by reason that the number of first preference votes received, or the aggregate of first preference votes received and all other votes obtained on transfers under this subsection, is equal to the quota, all the ballot papers expressing those votes must be set aside as finally dealt with;\n\t(s)\ta ballot paper must be set aside as exhausted where on a transfer it is found that the paper expresses no preference for any continuing candidate;\n\t(t)\tfor the purposes of this subsection, a transfer under paragraph (c), (d) or (h) of the surplus votes of any elected candidate, a transfer in accordance with paragraph (g)(i) of all first preference votes of an excluded candidate or a transfer in accordance with paragraph (g)(ii) of all the votes of an excluded candidate that were transferred from a particular candidate will each be regarded as constituting a separate transfer.\n\t(1a)\tThe returning officer must, with the assistance of any other electoral officers who may be present, and in the presence of any scrutineers who may be present, conduct the counting of the votes in an election to fill 1 vacancy according to the following method:\n\t(a)\tcarry out the step in the method of counting votes referred to in subsection (1)(a);\n\t(b)\tif, after the counting of first preference votes no candidate has received a number of votes equal to or greater than the quota, the candidate who has received the fewest first preference votes must be excluded, and each ballot paper counted to that candidate that expresses the next available preference for a continuing candidate is to be transferred (at a transfer value of 1) to the continuing candidate;\n\t(c)\tif, on the completion of a transfer under paragraph (b), no continuing candidate has received a number of votes equal to or greater than the quota, the process of excluding the candidate who has the fewest votes and transferring each ballot paper counted to that candidate that expresses the next available preference for a continuing candidate in accordance with paragraph (b) is to be repeated until—\n\t(i)\t1 continuing candidate has received a number of votes equal to or greater than the quota; or\n\t(ii)\t2 candidates remain, in which case the returning officer must make a provisional declaration that the continuing candidate who has the larger number of votes has been elected notwithstanding that that number is below the quota and, if those candidates have the same number of votes, the candidate with the larger number of votes at the last preceding count or transfer will be taken to be elected and, if the number of votes at that count or transfer was equal, the returning officer must, in the presence of any scrutineers who may be present, draw lots to determine which of the candidates is to be elected;\n\t(d)\tif the candidate who has the fewest votes is required to be excluded and 2 or more candidates each have the fewest votes, whichever of those candidates had the fewest votes at the last count or transfer at which each of those candidates had a different number of votes will be excluded but, if there has been no such count or transfer, the returning officer must, in the presence of any scrutineers who may be present, draw lots to determine which candidate will be excluded;\n\t(e)\ta ballot paper must be set aside as exhausted where on a transfer it is found that the paper expresses no preference for any continuing candidate.\n\t(2)\tIn subsections (1) and (1a)—\ncontinuing candidate means a candidate not already elected or excluded from the count;\nelection of a candidate means the making by the returning officer of a provisional declaration that the candidate has been elected; and elected has a corresponding meaning;\nsurplus votes of an elected candidate means the excess (if any) over the quota of the elected candidate's votes.\n\t(3)\tIn subsections (1) and (1a), a reference to votes of or obtained or received by a candidate includes votes obtained or received by the candidate on any transfer under that subsection.\n\t(4)\tIf a candidate has died or become ineligible to be a candidate for election as a member of a council in accordance with section 17 between the close of nominations and close of voting, then (subject to the operation of Part 2) a vote indicated on a ballot paper opposite the name of the deceased or ineligible candidate must be counted to the candidate next in the order of the voter's preference, and the numbers indicating subsequent preferences will be taken to have been altered accordingly.\n49—Recounts\n\t(1)\tAt any time within 72 hours after the returning officer has made a provisional declaration, a candidate (not being a candidate in whose favour the provisional declaration was made) may, by notice in writing lodged with the returning officer, request a recount of the votes cast in relation to the relevant vacancy or vacancies and, in the event of a request being made, the returning officer must cause a recount of votes to be made in accordance with the request unless the returning officer considers that there is no prospect that a recount would alter the result of the election.\n\t(2)\tThe returning officer may, on his or her own initiative, during the period of 72 hours referred to in subsection (1), decide to conduct a recount of any votes cast in the election.\n\t(3)\tThe following provisions apply to a recount:\n\t(a)\tthe returning officer should give the candidates reasonable notice of the time and place at which it is to be conducted;\n\t(b)\tthe returning officer may reverse a decision taken at the count;\n\t(c)\tif the votes of two or more candidates are equal and one of them was excluded by lot at the count, the same candidate must be excluded at the recount.\n50—Declaration of results and certificate\n\t(1)\tIf the period for requesting a recount for an election expires without such a request having been made and the returning officer has not decided to initiate a recount, the returning officer must confirm the relevant provisional declarations, and immediately make out a return to the chief executive officer certifying the election of specified candidates to specified vacancies.\n\t(2)\tIf a recount is made, the returning officer must, according to the result of the recount—\n\t(a)\tconfirm the relevant provisional declaration; or\n\t(b)\trevoke the provisional declaration and make a final declaration in accordance with the result of the recount,\nand then immediately make out a return to the chief executive officer certifying the result of the election accordingly.\n\t(3)\tThe returning officer—\n\t(a)\tmust notify all candidates, in writing, of the result of the election; and\n\t(b)\tmust within one month after the conclusion of the election cause public notice to be given of the result of the election.\n\t(4)\tWhen the returning officer certifies the result of an election under subsection (1) or (2)—\n\t(a)\tin the case of a supplementary election—the election of the candidate or candidates takes effect immediately;\n\t(b)\tin any other case—the election of the candidate or candidates will take effect at the conclusion of all of the elections for the council with the same polling day.\n51—Collation of certain information\n\t(1)\tThe returning officer must, within 1 month after the conclusion of an election, make and certify a return relating to the election.\n\t(1a)\tThe return must conform with any requirement prescribed by regulation.\n\t(2)\tA candidate is entitled, on application to the returning officer within three months after the conclusion of the election, to a copy of the return referred to in subsection (1).\n","sortOrder":13},{"sectionNumber":"Div 3","sectionType":"division","heading":"Declaration of results in polls","content":"Division 3—Declaration of results in polls\n52—Provisional declarations\nWhen the result of the poll becomes apparent, the returning officer must make a provisional declaration of the result.\n53—Recounts\n\t(1)\tAt any time within 72 hours after the returning officer has made a provisional declaration, a scrutineer may, by notice in writing lodged with the returning officer, request a recount of the votes cast at the poll and, in the event of a request being made, the returning officer must cause a recount of votes to be made in accordance with the request unless the returning officer considers that there is no prospect that a recount would alter the result of the poll.\n\t(2)\tThe returning officer may, on his or her own initiative, during the period of 72 hours referred to in subsection (1), decide to conduct a recount of any votes cast at the poll.\n54—Declaration of results and certificate\n\t(1)\tIf the period for requesting a recount for a poll expires without such a request having been made and the returning officer has not decided to initiate a recount, the returning officer must confirm the provisional declaration, and make out a return to the council certifying the result of the poll.\n\t(2)\tIf a recount is made, the returning officer must, according to the result of the recount—\n\t(a)\tconfirm the provisional declaration; or\n\t(b)\trevoke the provisional declaration and make a final declaration in accordance with the result of the recount,\nand make out a return to the council certifying the result of the poll accordingly.\n\t(3)\tThe returning officer must within one month after the conclusion of the poll cause public notice to be given of the result of the poll.\n","sortOrder":14},{"sectionNumber":"Div 4","sectionType":"division","heading":"Other matters","content":"Division 4—Other matters\n55—Computer counting\n\t(1)\tThe returning officer may, after consultation with the relevant council, decide to use a computer program to carry out steps involved in the recording, scrutiny or counting of votes in an election or poll.\n\t(2)\tThe computer program must be a program approved by the Electoral Commissioner on the basis that he or she is reasonably satisfied that the proper use of the program would produce the same result in the recording, scrutiny or counting of votes as the result that would be achieved if the program were not to be used.\n\t(3)\tThe Electoral Commissioner may specify processes that must be followed in relation to the use of an approved computer program for the purposes of an election or poll.\n\t(4)\tIf an approved computer program is used, the returning officer must ensure compliance with any processes specified under subsection (3).\n\t(5)\tIf an approved computer program is used, section 48 will apply subject to the modifications prescribed by the regulations or approved by the Electoral Commissioner (which modifications may vary according to the relevant computer program).\n\t(6)\tThe use of a computer program under this section does not prevent the returning officer deciding to recount votes in an election or poll without computer assistance.\n55A—Filling vacancy if successful candidate dies\n\t(1)\tThis section applies if—\n\t(a)\ta candidate dies between the close of voting at an election and the first meeting of the council after that election; and\n\t(b)\tthe election was to fill 2 or more vacancies; and\n\t(c)\tthe candidate is, according to the counting of votes cast at the election, a successful candidate and no other candidate who was also a successful candidate according to those votes has died.\n\t(2)\tIn a case where this section applies—\n\t(a)\tthe returning officer must, in accordance with the regulations, determine the candidate in the most recent election for the relevant office to fill the vacancy (a successful candidate); and\n\t(b)\tthe returning officer must ascertain (in such manner as the returning officer thinks fit) whether the candidate who becomes a successful candidate—\n\t(i)\tis still willing to be elected to the relevant office; and\n\t(ii)\tis still eligible to be elected to the relevant office; and\n\t(i)\tif the person then indicates to the returning officer (within 1 month) that they are so willing and eligible, the returning officer will declare the person elected; or\n\t(ii)\tif the person then indicates to the returning officer (within 1 month) that they are not willing or eligible, or the person does not respond to the returning officer within 1 month, the returning officer must determine the next successful candidate in accordance with the regulations and so on until the vacancy is filled or there are no candidates still willing and eligible to be elected to the relevant office.\n56—Retention of voting material\n\t(1)\tThe returning officer must retain all voting material relating to an election or poll until the returning officer is satisfied that the election or poll cannot be questioned.\n\t(2)\tExcept as provided by other provisions of this Act, voting material will not be available for public inspection.\n","sortOrder":15},{"sectionNumber":"Part 12","sectionType":"part","heading":"Illegal practices","content":"Part 12—Illegal practices\n57—Violence, intimidation, bribery etc\n\t(1)\tA person who exercises violence or intimidation, or offers or gives a bribe, with a view to—\n\t(a)\tinducing a person to submit or withdraw candidature for election; or\n\t(b)\tinfluencing the vote of a person at an election or poll; or\n\t(c)\totherwise interfering with the due course of an election or poll,\nMaximum penalty: $10 000 or imprisonment for seven years.\n\t(2)\tA person who receives a bribe offered in contravention of subsection (1) is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for seven years.\nbribe includes any pecuniary sum or material advantage including food, drink or entertainment where the value of the food, drink or entertainment is of or above the prescribed value.\n58—Dishonest artifices\n\t(1)\tA person who dishonestly exercises, or attempts to exercise, a vote at an election or poll to which that person is not entitled is guilty of an offence.\n\t(2)\tA person who dishonestly influences or attempts to influence the result of an election or poll is guilty of an offence.\n59—Interference with statutory rights\nA person must not hinder or interfere with the free exercise or performance, by another person, of a right under this Act.\n60—Exception\nNo declaration of public policy or promise of public action constitutes bribery or dishonest influence.\n61—Persons acting on behalf of candidates not to assist voters or collect voting papers\n\t(1)\tA person who is a candidate for election or acting on behalf of such a candidate (whether with or without the candidate's authority) must not act as an assistant to a person voting at the election.\n\t(2)\tA scrutineer must not act as an assistant to a person voting at an election or poll.\n\t(3)\tWithout limiting the generality of subsection (1) or (2), a person acts as an assistant by assisting another to obtain, complete or return postal voting papers.\n\t(4)\tA person who is a candidate for election or acting on behalf of such a candidate (whether with or without the candidate's authority) must not have in his or her possession, or attempt to gain possession of, postal voting papers for that election (except any such papers issued to the person as an elector in his or her own right).\n62—Unlawful interference with computer programs\n\t(1)\tA person must not, without lawful authority to do so, tamper or interfere with a computer program or system used by an electoral officer for the purposes of an election or poll under this Act.\n\t(2)\tIn proceedings for an offence against subsection (1), the prosecution need not prove the absence of lawful authority and the onus is on the defendant to prove any such authority on which he or she relies.\n62A—Maintenance of order at and near certain places\n\t(1)\tA person must not—\n\t(a)\tobstruct the access or approaches to a designated place; or\n\t(b)\tobstruct or unnecessarily delay the proceedings at a designated place; or\n\t(c)\tbehave in a disorderly manner at or in the immediate vicinity of a designated place.\nMaximum penalty: $5 000.\n\t(2)\tAn authorised officer may give such directions as are necessary to maintain order for the purposes of an election or at or in the immediate vicinity of a designated place.\n\t(3)\tA person who contravenes a direction given under subsection (2) is guilty of an offence.\nMaximum penalty: $5 000.\n\t(4)\tA person who contravenes subsection (1) or a direction given under subsection (2) (including a candidate or scrutineer) may be removed from a designated place and the immediate vicinity of the designated place by an authorised officer.\n\t(5)\tA person who has been removed from a designated place and the immediate vicinity of the designated place by an authorised officer and who re-enters the designated place or its immediate vicinity without the permission of an authorised officer is guilty of a further offence.\nMaximum penalty: $10 000 or imprisonment for 1 year.\n\t(6)\tIn this section—\nauthorised officer means—\n\t(a)\ta police officer; or\n\t(b)\tthe Electoral Commissioner; or\n\t(c)\ta person authorised by the Electoral Commissioner;\ndesignated place means—\n\t(a)\ta place at which the scrutiny of ballot papers is being, or is to be, conducted; or\n\t(b)\tany other place designated by the Electoral Commissioner on a website maintained by the Electoral Commissioner.\n63—Secrecy of vote\n\t(1)\tA person must not, by clandestine or dishonest means, attempt to discover how another person has voted.\nMaximum penalty: $1 250 or imprisonment for three months.\n\t(2)\tNo person may open an envelope under this Act containing a vote except the returning officer, or an electoral officer acting with the authority of the returning officer.\nMaximum penalty: $750.\n\t(3)\tA person who acquires knowledge of the vote of another person through assisting the other person to vote, or otherwise in the exercise of powers or functions under this Act, must not divulge that knowledge.\n64—Unlawful declaration or marking of ballot papers\n\t(1)\tA person must not make a statement in a claim, application, return or declaration, or in answer to a question, under this Act that is, to the person's knowledge, false or misleading in a material respect.\n\t(2)\tExcept as authorised by this Act, a person (not being a person to whom the ballot paper has been lawfully issued) must not mark a vote, or make any other mark or writing on a ballot paper.\n65—Conduct of officers\nAn electoral officer must not fail, without proper excuse, to carry out his or her official duties in connection with the conduct of an election or poll.\n66—Conduct of scrutineers\n\t(1)\tA scrutineer must not interfere with or attempt to influence a person voting or proposing to vote at an election or poll.\n\t(2)\tIf a candidate appoints more than one scrutineer, not more than two of them may be present in the place for the counting of votes at the same time during the counting of votes.\n66A—Prohibition of advocacy of forms of voting inconsistent with Act\n\t(1)\tA person must not publicly advocate that an elector should mark a ballot paper otherwise than in the manner set out in section 45(1) or 46(1).\n\t(2)\tA person must not publicly advocate that an elector may exercise their vote in a manner inconsistent with the provisions of this Act relating to the manner in which an elector may exercise a vote.\nMaximum penalty: $2 500.\n","sortOrder":16},{"sectionNumber":"Part 13","sectionType":"part","heading":"Disputed returns","content":"Part 13—Disputed returns\n67—Constitution of the Court\n\t(1)\tThere will be, for the purposes of this Act, a Court of Disputed Returns.\n\t(2)\tThe Court is constituted of a District Court Judge.\n\t(3)\tThe Court, separately constituted under this section, may sit contemporaneously to hear separate proceedings.\n\t(4)\tThe Court is a court of record.\n\t(5)\tSubject to this Part, the procedure and powers of the Court are the same as those of the District Court when exercising its civil jurisdiction.\n68—The clerk of the Court\n\t(1)\tThere will be a clerk of the Court appointed by the Chief Judge of the District Court.\n\t(2)\tThe office of clerk of the Court may be held in conjunction with any other office.\n69—Jurisdiction of the Court\n\t(1)\tThe Court has jurisdiction to hear and determine any petition addressed to it disputing the validity of an election under this Act.\n\t(2)\tThe Court will not call into question the eligibility of a person whose name appears on the voters roll as an elector to be a candidate for election under section 17(1)(b)(i).\n69A—Electoral Commissioner may lodge petition\n\t(1)\tThe Electoral Commissioner may lodge a petition in the Court disputing the validity of an election under this Act if the Electoral Commissioner considers that it is appropriate to do so on the basis of an error in the recording, scrutiny, counting or recounting of votes in the election.\n\t(2)\tSection 70(1)(c) and (d) and (2)(b) do not apply to a petition lodged by the Electoral Commissioner disputing the validity of an election, but such a petition must be signed by the Electoral Commissioner.\n70—Procedure upon petition\n\t(1)\tA petition to the Court must—\n\t(a)\tset out the facts relied on to invalidate the election; and\n\t(b)\tset out the relief which the petitioner seeks; and\n\t(c)\tbe signed by a candidate at the election in dispute or by an elector for that election; and\n\t(d)\tbe lodged with the clerk of the Court within 28 days after the conclusion of the election; and\n\t(e)\tbe accompanied by the prescribed amount as security for costs.\n\t(2)\tA copy of the petition must be served on—\n\t(a)\tany person declared elected in the disputed election; and\n\t(b)\tif it is alleged that the election is invalid on account of an act or omission of an electoral officer—if the Electoral Commissioner was the returning officer—the Electoral Commissioner; and\n\t(c)\tthe council.\n\t(3)\tIf a person or council served under subsection (2) proposes to contest the petition, the person or council must, within 14 days after service, or such further time as may be allowed by the Court (on application made either before or after the expiration of the period of 14 days), lodge with the clerk of the Court, and serve on the petitioner, a reply.\n\t(4)\tA reply must—\n\t(a)\tset out the facts on which the applicant proposes to rely; and\n\t(b)\task for any relief to which the applicant claims to be entitled; and\n\t(c)\tbe signed—\n\t(i)\tif the applicant is a natural person—by the applicant; or\n\t(ii)\tif the applicant is the council—by the chief executive officer or returning officer of the council.\n71—Powers of the Court\n\t(1)\tThe Court must sit as an open court, and its powers include the following:\n\t(a)\tto adjourn;\n\t(b)\tto compel the attendance of witnesses and the production of documents;\n\t(c)\tto examine witnesses on oath, affirmation or declaration;\n\t(d)\twith the consent of the parties to the proceedings, to receive evidence on affidavit or by statutory declaration;\n\t(e)\tsubject to this Act and the rules, to determine its procedure in each case;\n\t(f)\tto declare—\n\t(i)\tthat a person who was returned as elected was not duly elected; and\n\t(ii)\tthat a candidate who was not returned as elected was duly elected;\n\t(g)\tto declare an election void;\n\t(h)\tto dismiss or uphold a petition, in whole or in part;\n\t(i)\tto amend or allow the amendment of a petition or reply;\n\t(j)\tto punish contempt of its authority by fine or imprisonment.\n\t(2)\tThe Court may exercise all or any of its powers under this section on such grounds as the Court in its discretion thinks just and sufficient.\n\t(3)\tThe Court is not bound by the rules of evidence.\n\t(4)\tThe Court must act according to good conscience and the substantial merits of the case without regard to legal technicalities.\n\t(5)\tA decision of the Court is final and without appeal.\n72—Certain matters not to be called in question\nThe entitlement to vote of a person whose name appears on the voters roll as an elector cannot be called in question by the Court.\n73—Illegal practices and orders that may be made\n\t(1)\tThe Court cannot declare an election void, or that a candidate returned as elected was not duly elected, on the ground of an illegal practice found by the Court to have been committed unless the Court is satisfied, on the balance of probabilities, that the result of the election was affected by the illegal practice.\n\t(2)\tIf an illegal practice under section 57, 58 or 59 is found by the Court to have been committed, the illegal practice will be taken to have affected the result of the election unless the contrary is proved on the balance of probabilities.\n\t(3)\tNo finding by the Court as to whether an illegal practice was committed constitutes a bar to criminal proceedings in relation to the illegal practice or may be admitted as evidence in such proceedings.\n\t(4)\tIf the Court finds that an illegal practice occurred in relation to an election or poll, the clerk of the Court must report the finding to the Minister.\n\t(5)\tAn election may be declared void on the ground of the defamation of a candidate but only if the Court is satisfied, on the balance of probabilities, that the result of the election was affected by the defamation.\n\t(6)\tAn election may be declared void on the ground of publication of misleading material but only if the Court is satisfied, on the balance of probabilities, that the result of the election was affected by the publication of that material.\n74—Effect of decision\n\t(1)\tIf pursuant to this Part a person returned as elected is declared not to have been duly elected, that person ceases to be a member of the council, and the person declared to have been duly elected will take his or her place accordingly.\n\t(2)\tIf pursuant to this Part an election is declared void, a person returned as elected at the election ceases to be a member of the council.\n75—Participation of council in proceedings\n\t(1)\tThe Court may—\n\t(a)\ton the application of a party to the proceedings—order that the council be joined as a party to the proceedings; or\n\t(b)\ton the application of the council—allow the council to intervene in the proceedings.\n\t(2)\tA council may only be joined as a party to the proceedings or allowed to intervene if the Court is satisfied that it is fair and reasonable that the council participate in the proceedings.\n\t(3)\tIf a council is allowed to intervene in the proceedings, it may intervene in the manner and to the extent directed by the Court, and on such other conditions as the Court may direct.\n76—Right of appearance\nA party to proceedings before the Court may appear personally or be represented by counsel.\n77—Reference of question of law\nThe Court may, on its own initiative or on the application of a party to proceedings, refer a question of law for the opinion of the Court of Appeal.\n78—Costs\n\t(1)\tThe Court may make orders for costs as it thinks just (including an order for costs in favour of or against a council that has been joined as a party to the proceedings or that has intervened in the proceedings).\n\t(2)\tIf an election is declared void, or a candidate returned as elected is declared not to have been duly elected, on account of an act or omission of an electoral officer, any costs in favour of the petitioner must, to the extent to which they are attributable to that act or omission, be awarded against the council.\n\t(3)\tAn order under this section may be enforced as an order of the District Court.\n79—Rules of the Court\nThe Chief Judge of the District Court may make rules—\n\t(a)\tregulating the practices and procedures of the Court; and\n\t(b)\tfixing fees to be paid in respect of proceedings before the Court; and\n\t(c)\tmaking any other provision necessary or expedient for the purposes of this Part.\n","sortOrder":17},{"sectionNumber":"Part 14","sectionType":"part","heading":"Campaign donations","content":"Part 14—Campaign donations\nDivision 1—Returns\n80—Preliminary\n\t(1)\tFor the purposes of this Part—\n\t(a)\t2 or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period (within the meaning of section 81A) or special disclosure period (within the meaning of section 81) are to be treated as 1 gift; and\n\t(b)\ta gift made to a candidate is a private gift if it is made in a private capacity to the candidate for their personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.\n\t(2)\tA return under this Division must be in the form determined by the returning officer and completed and furnished in the manner determined by the returning officer.\n81—Special returns for gifts during certain period\n\t(1)\tIf a candidate for election to an office of a council receives a gift from a person during the special disclosure period, the candidate must furnish a return to the returning officer in accordance with the requirements of this Part.\n\t(2)\tA return under subsection (1) must be furnished by a candidate—\n\t(a)\tin the case of a gift received during the special disclosure period before the candidate announced that they would be a candidate in the election or nominated as a candidate (as the case may be)—within 5 days after the announcement or nomination (as the case requires); or\n\t(b)\tin any other case—within 5 days of receipt of the gift.\n\t(3)\tA return under subsection (1) must set out—\n\t(a)\tthe amount or value of the gift; and\n\t(b)\tthe date on which the gift was made; and\n\t(i)\tif the gift was made on behalf of the members of an unincorporated association—\n\t(A)\tthe name of the association; and\n\t(B)\tthe names and addresses of the members of the executive committee (however described) of the association; or\n\t(ii)\tif the gift was purportedly made out of a trust fund or out of the funds of a foundation—\n\t(A)\tthe names and addresses of the trustees of the fund or of the funds of the foundation; and\n\t(B)\tthe title or other description of the trust fund or the name of the foundation, as the case requires; or\n\t(iii)\tin any other case—the name and address of the person who made the gift.\n\t(4)\tA return under subsection (1) is not required in respect of—\n\t(a)\ta private gift made to the candidate; or\n\t(b)\ta gift if the amount or value of the gift is less than $500.\nspecial disclosure period, in relation to a candidate in an election, means the period—\n\t(a)\tcommencing on the earlier of the following:\n\t(i)\tthe day that is 4 months before the day on which the person announced that they would be a candidate in the election;\n\t(ii)\tthe day that is 4 months before the day on which the person's nomination as a candidate was lodged with the returning officer; and\n\t(b)\tending on polling day for the election.\n81A—Return for all gifts received during disclosure period\n\t(1)\tA candidate for election to an office of a council must furnish a return to the returning officer in accordance with the requirements of this Part setting out—\n\t(a)\tthe total amount or value of all gifts received by the candidate during the disclosure period; and\n\t(b)\tthe number of persons who made those gifts; and\n\t(c)\tthe amount or value of each gift; and\n\t(d)\tthe date on which each gift was made; and\n\t(e)\tin the case of each gift made on behalf of the members of an unincorporated association—\n\t(i)\tthe name of the association; and\n\t(ii)\tthe names and addresses of the members of the executive committee (however described) of the association; and\n\t(f)\tin the case of each gift purportedly made out of a trust fund or out of the funds of a foundation—\n\t(i)\tthe names and addresses of the trustees of the fund or of the funds of the foundation; and\n\t(ii)\tthe title or other description of the trust fund or the name of the foundation, as the case requires; and\n\t(g)\tin the case of each other gift—the name and address of the person who made the gift.\n\t(2)\tA return under subsection (1) must be furnished by a candidate within 7 days after the end of the disclosure period to which the return relates.\n\t(3)\tA return under subsection (1) need not set out any details required by that subsection in respect of—\n\t(a)\ta private gift made to the candidate; or\n\t(b)\ta gift if the amount or value of the gift is less than $500.\n\t(4)\tIf no details are required to be included in a return under this section for a candidate, the return must nevertheless be lodged and must include a statement to the effect that no gifts of a kind required to be disclosed were received.\ndisclosure period, in relation to a candidate in an election, means the period—\n\t(a)\tcommencing on the earlier of the following:\n\t(i)\tthe day that is 4 months before the day on which the person announced that they would be a candidate in the election;\n\t(ii)\tthe day that is 4 months before the day on which the person's nomination as a candidate was lodged with the returning officer; and\n\t(b)\tending 21 days after polling day for the election.\n81B—Certain campaign arrangements or understandings to be disclosed\n\t(1)\tIf 2 or more candidates in an election or elections in the area of a council enter into an arrangement or understanding to do either or both of the following:\n\t(a)\tto incur expenditure jointly on electoral material relating to the election or elections;\n\t(b)\tto keep gifts of money received in relation to the election or elections in the same account,\neach candidate must, within 1 business day of entering into the arrangement or understanding, give notice of it to the returning officer.\n\t(2)\tA notice under subsection (1) must state the names of the candidates who have entered into the arrangement or understanding and comply with any requirements of the returning officer.\n\t(3)\tThe returning officer must, as soon as is reasonably practicable after receiving a notice under subsection (1), ensure that the notice is published in a prominent location on a website determined by the returning officer until 30 days after polling day for the relevant election or elections.\n82—Certain gifts not to be received\n\t(1)\tIt is unlawful for a member of a council to receive a gift made to or for the benefit of the member the amount or value of which is not less than $500 unless—\n\t(a)\tthe name and address of the person making the gift are known to the member; or\n\t(b)\tat the time when the gift is made, the person making the gift gives to the member his or her name and address and the member has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.\n\t(2)\tIt is unlawful for a candidate in an election or a person acting on behalf of a candidate in an election to receive a gift made to or for the benefit of the candidate the amount or value of which is not less than $500 unless—\n\t(a)\tthe name and address of the person making the gift are known to the person receiving the gift; or\n\t(b)\tat the time when the gift is made, the person making the gift gives to the person receiving the gift his or her name and address and the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.\n\t(3)\tFor the purposes of this section—\n\t(a)\ta reference to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association;\n\t(b)\ta reference to the name and address of a person making a gift is—\n\t(i)\tin the case of a gift made on behalf of the members of an unincorporated association—a reference to—\n\t(A)\tthe name of the association; and\n\t(B)\tthe names and addresses of the members of the executive committee (however described) of the association; and\n\t(ii)\tin the case of a gift purportedly made out of a trust fund or out of the funds of a foundation—a reference to—\n\t(A)\tthe names and addresses of the trustees of the fund or of the funds of the foundation; and\n\t(B)\tthe title or other description of the trust fund or the name of the foundation, as the case requires;\n\t(c)\ta person who is a candidate in an election is to be taken to remain a candidate for 30 days after the polling day for the election;\n\t(d)\ta reference to a candidate in an election includes a reference to a person who is already a member of the council.\n\t(4)\tIf a person receives a gift that, by virtue of this section, it is unlawful for the person to receive, an amount equal to the amount or value of the gift is payable by that person to the Crown and may be recovered by the Crown as a debt by action, in a court of competent jurisdiction, against the person.\n83—Inability to complete return\nIf a person who is required to furnish a return under this Division considers that it is impossible to complete the return because he or she is unable to obtain particulars that are required for the preparation of the return, the person may—\n\t(a)\tprepare the return to the extent that it is possible to do so without those particulars; and\n\t(b)\tfurnish the return so prepared; and\n\t(c)\tgive to the returning officer notice in writing—\n\t(i)\tidentifying the return; and\n\t(ii)\tstating that the return is incomplete by reason that he or she is unable to obtain certain particulars; and\n\t(iii)\tidentifying those particulars; and\n\t(iv)\tsetting out the reasons why he or she is unable to obtain those particulars; and\n\t(v)\tif the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person,\nand a person who complies with this section is not, by reason of the omission of those particulars, to be taken, for the purposes of this Division, to have furnished a return that is incomplete.\n84—Amendment of return\n\t(1)\tA person who has furnished a return under this Division may request the permission of the returning officer to make a specified amendment of the return for the purpose of correcting an error or omission.\n\t(2)\tA request under subsection (1) must—\n\t(a)\tbe by notice in writing signed by the person making the request; and\n\t(b)\tbe lodged with the returning officer.\n\t(a)\ta request has been made under subsection (1); and\n\t(b)\tthe returning officer is satisfied that there is an error in, or omission from, the return to which the request relates,\nthe returning officer must amend the return, or permit the person making the request to amend the return, in accordance with the request.\n\t(4)\tThe amendment of a return under this section does not affect the liability of a person to be convicted of an offence arising out of the furnishing of the return.\n85—Offences\n\t(1)\tA person who fails to furnish a return that the person is required to furnish under this Division within the time required by this Division is guilty of an offence.\n\t(2)\tA person who furnishes a return or other information—\n\t(a)\tthat the person is required to furnish under this Division; and\n\t(b)\tthat contains a statement that is, to the knowledge of the person, false or misleading in a material particular,\n\t(3)\tA person who furnishes to another person who is required to furnish a return under this Division information—\n\t(a)\tthat the person knows is required for the purposes of that return; and\n\t(b)\tthat is, to that person's knowledge, false or misleading in a material particular,\n\t(4)\tAn allegation in a complaint that a specified person had not furnished a return of a specified kind as at a specified date will be taken to have been proved in the absence of proof to the contrary.\n86—Failure to comply with Division\n\t(1)\tIf a person who is required to furnish a return under section 81A fails to submit the return within the time required by that section, the returning officer must as soon as practicable notify the person of that fact.\n\t(2)\tA notification under subsection (1) must be given by letter sent to the person by registered mail.\n\t(2a)\tIf a notification under subsection (1) is sent to a member of a council and the return to which the notification relates has not been furnished to the returning officer within 1 month after the time within which it was required to be furnished under this Division, the returning officer must send a copy of the notification to the chief executive officer of the council (in such manner as the returning officer thinks fit).\n\t(3)\tA failure of a person to comply with a provision of this Division in relation to an election does not invalidate that election.\nDivision 2—Public access to information\n87—Public inspection of returns\n\t(1)\tThe returning officer must keep at their principal office each return furnished to the returning officer under Division 1.\n\t(2)\tThe returning officer must—\n\t(a)\tin the case of a return under section 81—within 5 days after the return is received by the returning officer; and\n\t(b)\tin the case of return under section 81A—within 8 weeks after the return is received by the returning officer,\nmake a copy of each return available on a website maintained by the returning officer.\n\t(5)\tThe returning officer is only required to keep a return under this section for a period of 4 years following the election to which the return relates.\n88—Restrictions on publication\n\t(1)\tA person must not publish—\n\t(a)\tinformation derived from a return under Division 1 unless the information constitutes a fair and accurate summary of the information contained in the return and is published in the public interest; or\n\t(b)\tcomment on the facts set forth in a return under Division 1 unless the comment is fair and published in the public interest and without malice.\n\t(2)\tIf information or comment is published by a person in contravention of subsection (1), the person, and any person who authorised the publication of the information or comment, is guilty of an offence.\nDivision 3—Related matters\n89—Requirement to keep proper records\n\t(1)\tA person must take reasonable steps to keep in his or her possession all records relevant to completing a return under this Part.\n\t(2)\tA person must keep a record under subsection (1) for at least 4 years after the date on which the relevant return is required to be furnished to the returning officer under this Part.\n90—Related matters\n\t(1)\tFor the purposes of this Part, the amount or value of a gift consisting of or including a disposition of property other than money is, if the regulations so provide, to be determined in accordance with principles set out or referred to in the regulations.\n\t(2)\tFor the purposes of this Part—\n\t(a)\ta body corporate and any other body corporate that is related to the first-mentioned body corporate is to be taken to be the same person; and\n\t(b)\tthe question whether a body corporate is related to another body corporate is to be determined in the same manner as under the Corporations Law.\n\t(3)\tFor the purposes of this Part, an act performed by a person or committee appointed or formed to assist the campaign of a candidate in an election will be taken to be an act performed by the candidate.\n","sortOrder":18},{"sectionNumber":"Part 15","sectionType":"part","heading":"Miscellaneous","content":"Part 15—Miscellaneous\n91—Elected person refusing to act\nA duly qualified person who, having been duly appointed or elected as a member of a council—\n\t(a)\trefuses to assume office and to act in it; or\n\t(b)\tneglects to assume the office and to act in it for the first three ordinary meetings of the council (without leave of the council),\nMaximum penalty: $750.\n91A—Conduct of council during election period\n\t(1)\tA council must, within 6 months of the commencement of this section, prepare and adopt a caretaker policy governing the conduct of the council and its staff during the election period for a general election.\n\t(2)\tSubject to this section, the caretaker policy must, as a minimum—\n\t(a)\tprohibit the making of a designated decision; and\n\t(b)\tprohibit the use of council resources for the advantage of a particular candidate or group of candidates,\nduring the election period.\n\t(2a)\tNothing in subsection (2)(b) prevents a caretaker policy from allowing the equal use of council resources by all candidates for election.\n\t(3)\tIf a council considers that there are extraordinary circumstances which require the making of a designated decision during the election period, the council may apply in writing to the Minister for an exemption from the application of this section to the designated decision specified in the application.\n\t(4)\tIf the Minister is satisfied that there are extraordinary circumstances, the Minister may grant an exemption from the application of this section to the designated decision specified in the application subject to any conditions or limitations that the Minister considers appropriate.\n\t(5)\tA designated decision made by a council in contravention of this section or the caretaker policy of the council is invalid.\n\t(6)\tAny person who suffers any loss or damage as a result of acting in good faith on a designated decision made in contravention of this section or a caretaker policy is entitled to compensation from the council for that loss or damage.\ndesignated decision means a decision—\n\t(a)\trelating to the employment or remuneration of a chief executive officer, other than a decision to appoint an acting chief executive officer; or\n\t(b)\tto terminate the appointment of a chief executive officer; or\n\t(c)\tto enter into a contract, arrangement or understanding (other than a prescribed contract) the total value of which exceeds whichever is the greater of $100 000 or 1% of the council's revenue from rates in the preceding financial year,\nother than a decision of a kind excluded from this definition by regulation;\nelection period in relation to an election, means the period commencing on—\n\t(a)\tthe day of the close of nominations for the election; or\n\t(b)\tif a council has specified a day (being a day that falls earlier than the day of the close of nominations) in its caretaker policy—the specified day,\nand expiring at the conclusion of the election;\nprescribed contract means a contract entered into by a council for the purpose of undertaking—\n\t(a)\troad construction or maintenance; or\n\t(b)\tdrainage works.\n91B—Council to hold public meeting for general election except in certain circumstances\n\t(1)\tA council must, during the period commencing after the close of nominations and before polling day for a general election, hold at least 1 meeting involving any candidates who wish to participate and members of the public relating to—\n\t(a)\tissues in the community relevant to the election; and\n\t(b)\tinforming members of the public of the policies and views of candidates.\n\t(2)\tA meeting held by a council under this section may be held remotely using audio visual technology or any other means of communication determined appropriate by the council (and nothing in this section is to be taken to require candidates and members of the public to be physically present at the meeting).\n\t(3)\tA meeting held by a council under this section must be presided over by the chief executive officer of the council, or a person appointed by the chief executive officer (who must not be a candidate in the general election).\n\t(4)\tThis section does not apply in relation to a council if the council's caretaker policy—\n\t(a)\tprovides that a public meeting of a kind referred to in this section will not be held in respect of general elections; and\n\t(b)\tincludes a statement, certified by the principal member, setting out the council's reasons for not holding a public meeting.\n92—Electoral Commissioner may conduct investigations etc\n\t(1)\tThe Electoral Commissioner may—\n\t(a)\tmake an investigation into any matter concerning the operation or administration of this Act, including a matter that may involve a breach of this Act; or\n\t(ab)\tissue a formal reprimand to a person who, in the opinion of the Electoral Commissioner, has been guilty of a breach of this Act; or\n\t(b)\tbring proceedings for an offence against this Act.\n\t(2)\tIf the Electoral Commissioner decides to take action as a result of an investigation under subsection (1) (including by bringing proceedings for an offence) and it appears to the Electoral Commissioner that a council has a material interest in the matter, the Electoral Commissioner must provide a written report on the matter to the council.\n\t(3)\tThe Electoral Commissioner may, in connection with any matter concerning the operation or administration of this Act, seize and retain, or issue a seizure order in respect of, anything that the Electoral Commissioner reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act.\n\t(4)\tA seizure order under this section—\n\t(a)\tmust be in the form of a written notice served on the owner or person in control of the thing to which the order relates; and\n\t(b)\tmay be varied or revoked by further such written notice.\n\t(5)\tIf a seizure order is issued, a person who removes or interferes with the thing to which the order relates without the approval of the Electoral Commissioner before an order is made under subsection (6)(b) in respect of the thing or the seizure order is discharged under subsection (6)(c) is guilty of an offence.\n\t(6)\tIf a thing has been seized or made subject to a seizure order, the following provisions apply:\n\t(a)\tthe thing must, if it has been seized, be held pending proceedings for an offence against this Act related to the thing seized, unless the Electoral Commissioner, on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Electoral Commissioner thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));\n\t(b)\tif proceedings for an offence against this Act relating to the thing are instituted within the prescribed period after its seizure or the issuing of the seizure order and the defendant is convicted or found guilty of the offence, the court may—\n\t(i)\torder that it be forfeited to the Electoral Commissioner; or\n\t(ii)\tif it has been released pursuant to paragraph (a) or is the subject of a seizure order—order that it be forfeited to the Electoral Commissioner or that the person to whom it was released or the defendant pay to the Electoral Commissioner an amount equal to its market value at the time of its seizure or the issuing of the seizure order, as the court thinks fit;\n\t(c)\tif—\n\t(i)\tproceedings are not instituted for an offence against this Act relating to the thing within the prescribed period after its seizure or the issuing of the seizure order; or\n\t(ii)\tproceedings have been so instituted and—\n\t(A)\tthe defendant is found not guilty of the offence; or\n\t(B)\tthe defendant is convicted or found guilty of the offence but no order for forfeiture is made under paragraph (b),\nthen—\n\t(iii)\tin the case of a thing seized—the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Electoral Commissioner (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure; or\n\t(iv)\tin the case of a thing subject to a seizure order—the order is discharged.\n\t(7)\tIn subsection (6)—\nthe prescribed period means 6 months or such longer period as a magistrate may, on application by the Electoral Commissioner, allow.\n92A—Forms\n\t(1)\tSubject to any provision made by another provision of this Act or by the regulations, the Electoral Commissioner may, by notice in the Gazette—\n\t(a)\tdetermine the form of any voting material under this Act;\n\t(b)\tmake other determinations as to the forms that are to be used for the purposes of this Act.\n\t(2)\tA determination under subsection (1) may make different provision according to the circumstances to which it is expressed to apply.\n\t(3)\tA person must, if relevant, use a form required by a determination of the Electoral Commissioner under subsection (1) (and, in doing so, must comply with any relevant requirement imposed by the Electoral Commissioner relating to the completion of the form or the provision of information or material in association with the form).\n\t(4)\tThe Electoral Commissioner should, so far as is reasonably practicable, consult with the LGA before making a determination under subsection (1).\n93—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(1a)\tThe regulations may provide that a matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Electoral Commissioner or any prescribed authority.\n\t(2)\tSubject to the Schedule, a regulation may prescribe a penalty (not exceeding $2 500) for contravention of, or failure to comply with, the regulation.\n\t(2a)\tThe regulations may prescribe provisions of a savings or transitional nature consequent on the amendment of this Act by another Act.\n\t(3)\tThe Minister should consult with the LGA before a regulation is made under this Act.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease 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.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Local Government (Elections) Act 1999\n26.8.1999\n1.1.2000 (Gazette 9.12.1999 p3113)\n Statutes Amendment (Local Government Elections) Act 2005\n14.7.2005\nPt 4 (ss 23—27, 29, 30, 43—45, 47—51) & Sch 1 (cll 1—4, 5(2), 6—9)—18.8.2005; ss 28, 31—42, 46 & Sch 1 (cl 5(1))—1.1.2006 (Gazette 18.8.2005 p3058)\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 47 (s 162)—4.9.2006 (Gazette 17.8.2006 p2831)\n Local Government (Elections) (Miscellaneous) Amendment Act 2009\n5.11.2009\nPt 2 (ss 4—22) & Sch 1 (cl 4)—21.12.2009 (Gazette 10.12.2009 p6167)\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 60)—1.1.2021 (Gazette 10.12.2020 p5638)\nStatutes Amendment (Local Government Review) Act 2021\n17.6.2021\nPt 3 (s 173)—20.9.2021; ss 148(2), 149, 150(1) to (4), (6) & (7), substitution of s 6(7) and deletion of s 6(8) by ss 150(9), 152 to 154, 156 to 159, 161 to 172, 175 to 189—10.11.2021 (Gazette 16.9.2021 p3548); ss 150(5) & (8), insertion of s 6(8) by s 150(9), ss 151, 160 & 174—7.7.2022 (Gazette 7.7.2022 p2130); s 155—11.12.2025 (Gazette 11.12.2025 p4825); s 148(1)—uncommenced\nStatutes Amendment (Local Government Elections Review) Act 2025\n27.11.2025\nPt 2 (ss 3 to 26)—1.1.2026 (Gazette 18.12.2025 p4962)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 4\n\ns 4(1)\n\ndesignated person\ninserted by 50/2009 s 4\n\namended by 63/2025 s 3(1)\npublic notice\nsubstituted by 26/2021 s 148(1)\nuncommenced—not incorporated\nregistered industrial organisation\ndeleted by 26/2021 s 148(2)\nState elector\ninserted by 63/2025 s 3(2)\nvoting material\namended by 35/2005 s 23(1)\nPt 2\n\ns 5\nsubstituted by 35/2005 s 24\n\nsubstituted by 26/2021 s 149\n\namended by 63/2025 s 4\ns 6\n\ns 6(2)\namended by 35/2005 s 25(1)\n\namended by 50/2009 s 5(1)\n\namended by 26/2021 s 150(1)—(4)\n\namended by 26/2021 s 150(5)\n\namended by 63/2025 s 5(1), (2)\ns 6(3)\namended by 35/2005 s 25(2)\n\namended by 50/2009 s 5(2)\n\namended by 26/2021 s 150(6), (7)\ns 6(4a) and (4b)\ninserted by 26/2021 s 150(8)\ns 6(7)\nsubstituted by 26/2021 s 150(9)\ns 6(8)\ndeleted by 26/2021 s 150(9)\n\ninserted by 26/2021 s 150(9)\ns 6A\ninserted by 26/2021 s 151\ns 7\n\ns 7(1)\n\ninserted by 63/2025 s 6\ns 7(2)\ns 7(2a)\ninserted by 35/2005 s 26(1)\n\ns 7(3)\namended by 35/2005 s 26(2)\n\namended by 26/2021 s 152(1)\ns 7(4)\namended by 35/2005 s 26(3)\n\namended by 26/2021 s 152(2)\ns 8\n\ns 8(1a)\ninserted by 26/2021 s 153(1)\n\namended by 63/2025 s 7\ns 8(2)\namended by 26/2021 s 153(2)\ns 9\n\ns 9(3)\nsubstituted by 26/2021 s 154(1)\ns 9(6)\nsubstituted by 35/2005 s 27\n\nsubstituted by 26/2021 s 154(2)\nPt 3\n\ns 10\n\nheading\namended by 63/2025 s 8(1)\ns 10(3)\ndeleted by 63/2025 s 8(2)\ns 10(9)\ndeleted by 63/2025 s 8(2)\ns 13A\ninserted by 50/2009 s 7\ns 13A(2)\namended by 26/2021 s 155(1)\ns 13A(3)\ninserted by 26/2021 s 155(2)\nPt 4\n\ns 14\n\ns 14(1)\namended by 35/2005 s 28(1), (2)\n\namended by 50/2009 s 8(1)—(5)\n\namended by 63/2025 s 9(1), (3)\n\n(ab)(i) deleted by 63/2025 s 9(2)\ns 14(1a)\ninserted by 50/2009 s 8(6)\ns 14(3)\namended by 50/2009 s 8(7)\n\ndeleted by 63/2025 s 9(4)\ns 14(3a) and (3b)\ninserted by 50/2009 s 8(8)\ns 14(3c)\ninserted by 50/2009 s 8(8)\n\namended by 63/2025 s 9(5)\ns 14(4)\ndeleted by 50/2009 s 8(9)\n\ninserted by 63/2025 s 9(6)\ns 14(5)\ndeleted by 50/2009 s 8(9)\ns 14(6)\namended by 50/2009 s 8(10)\ns 14(8)\ninserted by 35/2005 s 28(3)\n\namended by 50/2009 s 8(11)\ns 14(9)\ninserted by 50/2009 s 8(12)\ns 15\n\ns 15(2)\namended by 50/2009 s 9(1)\ns 15(5a) and (5b)\ninserted by 50/2009 s 9(2)\ns 15(6)\namended by 63/2025 s 10(1)\ns 15(7)\namended by 35/2005 s 29(1)\ns 15(9)\nsubstituted by 35/2005 s 29(2)\ns 15(10)\namended by 50/2009 s 9(3)\n\namended by 26/2021 s 156(1)\ns 15(13)\namended by 26/2021 s 156(2)\n\namended by 63/2025 s 10(2)\ns 15(13a)\ninserted by 26/2021 s 156(3)\ns 15(15)\nsubstituted by 50/2009 s 9(4)\n\namended by 26/2021 s 156(4)\n\nsubstituted by 63/2025 s 10(3)\ns 15(20)\ninserted by 26/2021 s 156(5)\nPt 5\n\ns 16\n\ns 16(1)\namended by 50/2009 s 10(1)\ns 16(1a)\ninserted by 50/2009 s 10(2)\ns 16(2)\nsubstituted by 50/2009 s 10(3)\ns 16(3)\ndeleted by 50/2009 s 10(3)\ns 16(4)\nsubstituted by 35/2005 s 30\n\ndeleted by 50/2009 s 10(3)\ns 16(7)\namended by 50/2009 s 10(4)\ns 16(8)\ndeleted by 50/2009 s 10(5)\ns 16(10)\nsubstituted by 50/2009 s 10(6)\nPt 6\n\ns 17\n\ns 17(1)\namended by 50/2009 s 11(1)\n\namended by 26/2021 s 157(1)—(4)\ns 17(2)\namended by 35/2005 s 31\n\ndeleted by 50/2009 s 11(2)\n\ninserted by 26/2021 s 157(5)\ns 17(3)\namended by 63/2025 s 11\ns 17(5)\ndeleted by 26/2021 s 157(6)\ns 18\nsubstituted by 35/2005 s 32\ns 19\n\ns 19(1)\namended by 35/2005 s 33(1)\ns 19(2)\nsubstituted by 35/2005 s 33(2)\ns 19(4)\namended by 35/2005 s 33(3)\ns 19(7)\ninserted by 35/2005 s 33(4)\ns 19A\ninserted by 50/2009 s 12\ns 19A(1)\ndeleted by 26/2021 s 158(1)\ns 19A(2)\nsubstituted by 26/2021 s 158(2)\ns 19A(3)\ndeleted by 26/2021 s 158(2)\ns 19A(4)\namended by 26/2021 s 158(3)—(5)\ns 19A(5)\ndeleted by 26/2021 s 158(6)\ns 21\nsubstituted by 26/2021 s 159\ns 21(1)\ninserted by 63/2025 s 12\ns 21(2)\ns 21 redesignated as s 21(2) by 63/2025 s 12\ns 22\n\ns 22(1)\namended by 35/2005 s 34(1)\ns 22(2)\namended by 35/2005 s 34(2)\ns 23\namended by 35/2005 s 35\ns 25\n\ns 25(1aa)\ninserted by 63/2025 s 13\ns 25(1a)\ninserted by 26/2021 s 160(1)\ns 25(2)\namended by 26/2021 s 160(2)\ns 25(3)\ninserted by 26/2021 s 160(3)\ns 26\n\ns 26(1)\namended by 35/2005 s 36(1)\ns 26(2)\namended by 35/2005 s 36(2)\nPt 7\n\ns 27\n\ns 27(1)\namended by 26/2021 s 161(1)\ns 27(1a)\ninserted by 26/2021 s 161(2)\ns 27(2)\namended by 26/2021 s 161(3)\ns 27(4) and (5)\ninserted by 26/2021 s 161(4)\ns 28\n\ns 28(1)\namended by 50/2009 s 13(1)\ns 28(1a)\ninserted by 26/2021 s 162(1)\ns 28(2a)\ninserted by 50/2009 s 13(2)\ns 28(2b)\ninserted by 26/2021 s 162(2)\nPt 8\n\ns 29\n\ns 29(3)\nsubstituted by 35/2005 s 37\n\namended by 50/2009 s 14\n\nsubstituted by 26/2021 s 163\n\nsubstituted by 63/2025 s 14\ns 31\n\ns 31(1)\namended by 26/2021 s 164\ns 35\namended by 26/2021 s 165\nPt 9\n\nheading\nsubstituted by 26/2021 s 166\ns 37\n\ns 37(1)\namended by 26/2021 s 167(1)\ns 37(2)\namended by 26/2021 s 167(2)\ns 38\namended by 26/2021 s 168\ns 39\n\ns 39(1)\namended by 35/2005 s 38(1)\n\namended by 50/2009 s 15(1)\n\nsubstituted by 26/2021 s 169(1)\n\namended by 63/2025 s 15\ns 39(4)\namended by 35/2005 s 38(2), (3)\n\nsubstituted by 26/2021 s 169(2)\ns 39(5)\namended by 35/2005 s 38(4)\ns 39(7)\namended by 50/2009 s 15(2)\ns 39(12)\ninserted by 35/2005 s 38(5)\ns 40\n\ns 40(1)\namended by 35/2005 s 39\ns 41\n\ns 41(1)\ns 41 amended and redesignated as s 41(1) by 35/2005 s 40(1), (2)\ns 41(2) and (3)\ninserted by 35/2005 s 40(2)\ns 41A\ninserted by 26/2021 s 170\ns 41B\ninserted by 63/2025 s 16\ns 42\namended by 35/2005 s 41\ns 43\n\ns 43(4)\ninserted by 35/2005 s 42\n\nsubstituted by 26/2021 s 171\nPt 11\n\ns 47\n\ns 47(1)\nsubstituted by 35/2005 s 43\n\nsubstituted by 26/2021 s 172\n\namended by 63/2025 s 17(1)\ns 47(2)\namended by 50/2009 s 16(1), (2)\n\n(a)(iv) deleted by 50/2009 s 16(3)\n\namended by 63/2025 s 17(2)\ns 48\n\ns 48(1)\namended by 26/2021 s 173(1)\ns 48(1a)\ninserted by 26/2021 s 173(2)\ns 48(2) and (3)\namended by 26/2021 s 173(3)\ns 48(4)\namended by 35/2005 s 44\n\namended by 26/2021 s 173(4), (5)\ns 49\n\ns 49(1)\namended by 35/2005 s 45(1)\ns 49(2)\namended by 35/2005 s 45(2)\ns 51\n\ns 51(1)\nsubstituted by 35/2005 s 46\ns 51(1a)\ninserted by 35/2005 s 46\ns 53\n\ns 53(1)\namended by 35/2005 s 47(1)\ns 53(2)\namended by 35/2005 s 47(2)\ns 55A\ninserted by 35/2005 s 48\ns 55A(2)\nsubstituted by 26/2021 s 174\ns 55A(3) and (4)\ndeleted by 26/2021 s 174\nPt 12\n\ns 57\n\ns 57(3)\n\nbribe\namended by 26/2021 s 175\ns 62A\ninserted by 63/2025 s 18\ns 66A\ninserted by 63/2025 s 19\nPt 13\n\ns 69A\ninserted by 26/2021 s 176\ns 69A(2)\namended by 63/2025 s 20\ns 70\n\ns 70(1)\namended by 26/2021 s 177\ns 73\n\ns 73(5) and (6)\ninserted by 26/2021 s 178\ns 77\nsubstituted by 17/2006 s 162\n4.9.2006\n\namended by 45/2019 Sch 1 cl 60\n1.1.2021\nPt 14\n\ns 80 before substitution by 26/2021\n\ns 80(1)\namended by 50/2009 s 17\ns 80\nsubstituted by 26/2021 s 179\n\ns 81 before substitution by 63/2025\n\ns 81(1)\namended by 26/2021 s 180(1), (2)\ns 81(2)\namended by 26/2021 s 180(3)\ns 81(3)\namended by 50/2009 s 18\n\ndeleted by 26/2021 s 180(4)\ns 81\nss 81A and 81B\ninserted by 26/2021 s 181\n\ns 82\n\ns 82(3)\namended by 26/2021 s 182\ns 83\namended by 26/2021 s 183\ns 84\n\ns 84(1)\namended by 26/2021 s 184(1)\ns 84(2)\namended by 26/2021 s 184(2)\ns 84(3)\namended by 26/2021 s 184(3)\ns 86\n\ns 86(1)\namended by 26/2021 s 185(1)\n\namended by 63/2025 s 22(1), (2)\ns 86(2a)\ninserted by 63/2025 s 22(3)\ns 86(3)\namended by 26/2021 s 185(2)\nnote\ndeleted by 63/2025 s 22(4)\ns 87\n\ns 87(1)\nsubstituted by 26/2021 s 186(1)\ns 87(2)\nsubstituted by 26/2021 s 186(1)\n\nsubstituted by 63/2025 s 23\ns 87(3) and (4)\ndeleted by 26/2021 s 186(1)\ns 87(5)\namended by 50/2009 s 19\n\namended by 26/2021 s 186(2)\ns 89\n\ns 89(2)\namended by 50/2009 s 20\n\namended by 26/2021 s 187\nPt 15\n\ns 91A\ninserted by 50/2009 s 21\ns 91A(2)\nsubstituted by 26/2021 s 188(1)\ns 91A(2a)\ninserted by 26/2021 s 188(1)\ns 91A(7)\ndeleted by 63/2025 s 24\ns 91A(8)\n\ndesignated decision\n(d) deleted by 26/2021 s 188(2)\ns 91B\ninserted by 63/2025 s 25\ns 92\n\ns 92(1)\namended by 35/2005 s 49(1)\ns 92(3)\ninserted by 35/2005 s 49(2)\ns 92(4)—(7)\ninserted by 35/2005 s 49(2)\ns 92A\ninserted by 35/2005 s 50\ns 93\n\ns 93(1a)\ninserted by 26/2021 s 189\ns 93(2a)\ninserted by 63/2025 s 26\ns 93(3)\ninserted by 50/2009 s 22\nSch\ndeleted by 35/2005 s 51\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Local Government Elections) Act 2005, Sch 1—Transitional provisions\n1—Interpretation\nIn this Schedule—\n2006 periodic elections means the periodic elections to determine the membership of councils to be held in 2006 according to section 5 of the Local Government (Elections) Act 1999, as substituted by this Act.\n2—Term of office\nA member of a council—\n\t(a)\tholding office immediately before the commencement of this clause; or\n\t(b)\telected or appointed after the commencement of this clause and before the close of nominations for the 2006 periodic elections,\nmay, subject to the provisions of the Local Government Act 1999, the Local Government (Elections) Act 1999 or the City of Adelaide Act 1998 (as the case requires), continue to hold his or her office until the conclusion of the 2006 periodic elections for the relevant office.\n3—Allowances\n\t(1)\tA council may—\n\t(a)\treview the allowances to be payable to its members under section 24 of the City of Adelaide Act 1998 or section 76 of the Local Government Act 1999 (as the case requires) to take into account any relevant provision made by regulation on account of the enactment of this Act;\n\t(b)\tas may be required, fix or apply allowances for any period up to the conclusion of the 2006 periodic election.\n\t(2)\tAn allowance under subclause (1) must be recorded in the Register of Allowances and Benefits for the relevant council.\n4—Training and development policy\nA council is not required to have a training and development policy under section 80A of the Local Government Act 1999 until 1 July 2006.\n5—Rolls and electoral processes\n\t(1)\tThe chief executive officer of a council cannot rely on subsection (8) of section 14 of the Local Government (Elections) Act 1999 (as enacted by this Act) with respect to an entry on a voters roll at the time of the commencement of this subclause unless—\n\t(a)\tthe chief executive officer has sent a notice addressed to the relevant person at the rateable property advising the person about the operation of that section and the entitlements that apply with respect to the enrolment of residents; and\n\t(b)\tthe chief executive officer receives no reply within 28 days of the notice (or receives a reply within that period but the reply does not establish, to the satisfaction of the chief executive officer, that the person is an occupier within the ambit of section 14(1)(a)(iv) or (c)(iv) of the Local Government (Elections) Act 1999).\n\t(2)\tTo avoid doubt—\n\t(a)\tany roll prepared under Schedule 1 of the City of Adelaide Act 1998 will, until revised, have effect under the Local Government (Elections) Act 1999; and\n\t(b)\tany application or other process made, commenced or dealt with under the City of Adelaide Act 1998 will (if relevant) have effect for the purposes of the Local Government (Elections) Act 1999.\n6—Review of council structures\n\t(1)\tIf a council has, before the commencement of this clause, commenced a review under section 12 of the Local Government Act 1999 by the publication of a notice under subsection (5) of that section (as in existence before the amendment of that section by this Act), the council may continue with the process as set out in that section as if it had not been amended until an appropriate certificate is obtained from the Electoral Commissioner under that section.\n\t(2)\tHowever, if—\n\t(a)\ta proposal within the ambit of subclause (1) proposes that the composition of the relevant council be altered so that—\n\t(i)\tthe council will have a chairperson rather than a mayor; or\n\t(ii)\tthe council will have a mayor rather than a chairperson; and\n\t(b)\tthe council has not, before the commencement of this clause, referred its report on the proposal to the Electoral Commissioner under section 12(12) of the Local Government Act 1999,\nthe proposal cannot proceed unless or until it is approved at a poll in the manner contemplated by section 12(11c) and (11d) of the Local Government Act 1999 as enacted by this Act.\n\t(3)\tA proposal within the ambit of subclause (1) will then take effect in accordance with section 12(11b) and (18) of the Local Government Act 1999 as enacted by this Act.\n7—Change to principal member\n\t(1)\tIn addition to the operation of clause 6, if, at the time of the commencement of this clause—\n\t(a)\t—\n\t(i)\ta council is undertaking a review of its composition under section 12 of the Local Government Act 1999 and has referred its report on its proposal or proposals to the Electoral Commissioner under subsection (12) of that section; and\n\t(ii)\ta proposal is that the composition of the council be altered so that—\n\t(A)\tthe council will have a chairperson rather than a mayor; or\n\t(B)\tthe council will have a mayor rather than a chairperson; or\n\t(i)\ta council has completed a review under section 12 of the Local Government Act 1999; and\n\t(ii)\ta proposal arising from the review is that the composition of the council be altered so that—\n\t(A)\tthe council will have a chairperson rather than a mayor; or\n\t(B)\tthe council will have a mayor rather than a chairperson; and\n\t(iii)\tthe composition of the council is to be altered as from the next general election of members of the council,\nthen despite the operation of section 12 of the Local Government Act 1999 (and anything that would otherwise take effect if it were not for the operation of this provision), the proposal cannot take effect unless or until it is approved at a poll of electors for the relevant area as if it were a proposal within the ambit of clause 6(2) (and accordingly subject to the requirements of section 12(11c) and (11d) of the Local Government Act 1999 as enacted by this Act).\n\t(2)\tA proposal that is approved under subclause (1) will then have effect in accordance with a determination of the Electoral Commissioner under this clause.\n8—Special provision—LGFA\n\t(1)\tIn this clause—\nrepresentative member of the LGFA Board means a representative member of the Board of the Local Government Finance Authority of South Australia.\n\t(2)\tThe Governor may, by proclamation—\n\t(a)\textend the term of office of a person who, immediately before the date of the proclamation, is a representative member of the LGFA Board to a date fixed by the proclamation;\n\t(b)\tfix the term of office of a person who is to be elected or appointed (including by virtue of being re-elected or re-appointed) as a representative member of the LGFA Board to fill an office that will become vacant on the date fixed under paragraph (a).\n\t(3)\tA proclamation under this clause has effect despite section 8(1) of the Local Government Finance Authority Act 1983.\n9—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this clause), apply to any amendment or repeal effected by this Act.\nLocal Government (Elections) (Miscellaneous) Amendment Act 2009, Sch 1 Pt 2—Transitional provisions\n4—Section 12 of the Local Government Act 1999\n\t(1)\tThis clause applies to a council other than the Adelaide City Council.\n\t(2)\tDespite section 12(4) of the Local Government Act 1999, a comprehensive review that is required to occur under that subsection—\n\t(a)\tmust not be commenced during the period beginning on the commencement of this clause and ending on the conclusion of the periodic election (within the meaning of the Local Government (Elections) Act 1999) to be conducted in 2010; and\n\t(b)\tif, but for the operation of paragraph (a), a council would have been required to commence the review during the period specified in paragraph (a)—must, instead, be commenced in 2011 and must be completed within a period specified by the Electoral Commissioner.\n\t(3)\tIf a council has completed a comprehensive review within the period of 8 years before the commencement of this clause, the Electoral Commissioner may not give the council a notification under section 12(24)(b) of the Local Government Act 1999 until the expiration of 8 years from the completion of the review (but nothing in this subclause prevents the Electoral Commissioner from giving a notification to a council that has completed a review after the commencement of this clause).\nHistorical versions\n\n4.9.2006\n\n1.1.2021\n\n","sortOrder":19}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The submission contained only a 'Page Not Found' error from the SA legislation website, most likely caused by a broken URL following a site restructure in March 2026. No comparison between original and current intent is possible."},"complexity_factors":["No legislative text was actually provided — only a website error page was received","Unable to assess true legal complexity without access to the Act's content","Score of 1 reflects the absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of South Australia's **Local Government (Elections) Act 1999** was not provided. Instead, the source returned a **\"Page Not Found\" error** from the SA legislation website, likely due to a broken or outdated hyperlink following a website update in March 2026.\n\n### What we do know about this Act in general terms:\n- It governs **how local council elections are run in South Australia** — covering things like who can vote, how candidates nominate, how votes are counted, and how results are declared.\n- It affects **every South Australian who lives in a council area** (essentially all residents), as well as people standing for council and election administrators.\n- It sets rules around **postal voting**, candidate eligibility, electoral rolls, and scrutiny of results.\n\n### What you should do:\nTo read the actual legislation, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for *\"Local Government (Elections) Act 1999\"* rather than using an old bookmark or link."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been widened and operational detail increased from its original form through multiple amendments listed in the legislative history. Notable shifts in scope and mechanics in the text supplied include:\n\n- the specification of postal voting as the default method (s37) and related postal procedures (ss38–44), which changes the practical method of voting compared with a general ballot‑box model;\n- formalised candidate profile publication and online publication obligations (s19A), and expanded public disclosure and return obligations for gifts (ss81, 81A, 87), which extend transparency and reporting requirements for candidates;\n- enhanced central administrative powers vested in the Electoral Commissioner and returning officer (appointment, delegation, approval of computer counting programs, forms and seizure powers) (s10, s55, s92, s92A), concentrating operational decision‑making;\n- introduction and elaboration of assisted voting and trial in‑person pre‑polling arrangements for specified periods (s41A, s41B), broadening permitted voting methods;\n- new caretaker policy duties and mandated public candidate meetings rules for councils (ss91A, 91B), which add constraints on council decisions during election periods; and\n- multiple technical and procedural alterations to enrolment, voters roll maintenance, vacancy‑filling and counting rules (ss14, 15, 6, 6A, 48) through later amendment.\n\nThese concrete changes (see cited sections) indicate a clear accretion of administrative detail, disclosure requirements and delegated powers since the original enactment as reflected in the amendment notes and substituted provisions in the legislative history."},"complexity_factors":["Extensive cross‑references to the Local Government Act 1999 and the Electoral Act 1985, requiring coordination across statutes (s4, s14(1) notes)","Multiple enrolment categories and special rules for natural persons, bodies corporate and groups with designated persons (s14)","Detailed, multi‑step counting procedure (quota, surplus transfers, exclusions, tie‑breaks and transfers sequencing) with many sub‑rules (s48)","Numerous time‑sensitive procedural deadlines (roll close, nomination close, publication windows, returns deadlines) across different Parts (s15(7)–(9), s23, ss19A(2), 81A(2))","Significant delegated discretion to the Electoral Commissioner and returning officer (appointment and delegation powers, verification choices, approval of computer programs, forms, and publication decisions) (s10, s11, s55, s92A, s93(1a))","Multiple enforcement paths: criminal offences with differing maxima, Court of Disputed Returns procedures and administrative actions (Parts 12–13, ss57–59, ss67–79, s92)","Complex campaign finance regime requiring aggregation and disclosure rules, record keeping and public publication with restrictions on secondary publication (Part 14, ss80–90)","Layered amendment and transitional provisions reflected in the legislative history, increasing interpretive complexity when applying current provisions"],"plain_english_summary":"What this law does, in plain language\n\n- Mechanically: the Act sets the rules and procedures for holding local government elections and polls in South Australia. It prescribes when elections happen (periodic elections every four years) and how gaps are filled (supplementary elections and special filling rules) (s5, s6, s6A). It fixes who runs the process (the Electoral Commissioner as returning officer, with deputies and other electoral officers) and the division of responsibilities between the returning officer and councils (s10–13). It establishes who may be enrolled to vote (natural persons, bodies corporate, groups), how the voters roll is maintained and closed for an election, and what information the roll must contain (s14, s15). It sets out nomination rules and publication of candidate profiles (s18–22, s19A), the default method of voting (postal voting), how postal papers are issued and treated (s37–39, s40), assisted‑voting options (s41A), how ballot papers are prepared and arranged (s29, s33), the counting method (including quota, transfers, exclusions and recounts) (s48–49), rules on campaign gifts and required returns (Part 14, esp. ss80, 81, 81A, 82, 87), offences for illegal conduct around elections (Part 12), and enforcement powers including the Court of Disputed Returns and investigatory/seizure powers of the Electoral Commissioner (Parts 12–13, ss92–92A).\n\nWhy it matters (official purpose and practical mechanics)\n\n- The Act’s stated objects are to provide for periodic and other local government elections, to set voter and candidate qualifications and rolls, to prescribe voting and counting systems, to allow polls, to provide an administrative framework and to regulate election‑related practices (s3). In practice the Act does those things by allocating operational control to the Electoral Commissioner/returning officer, requiring councils to maintain rolls and to meet certain publicity and meeting obligations, prescribing detailed procedural steps for nominations, voting and counting, and imposing disclosure and record‑keeping obligations on candidates (s10–15, s19–21, s37–48, Part 14).\n\nWho pays, who decides, who acts\n\n- Who pays: councils fund the costs and expenses incurred by the returning officer in carrying out official duties (s13). The Electoral Commissioner may recover a fee from a council for supplying enrolment lists (s15(12)). The returning officer may arrange advertising for voter information and recover advertising costs from councils under a scheme determined by the returning officer (s13A(1)). Gifts that a person unlawfully receives (over the disclosure threshold) may be recoverable to the Crown (s82(4)).\n\n- Who decides: the Electoral Commissioner is the returning officer for every area (s10(1)) and has broad powers: appointment and removal of deputies (s10(2),(8)), approval of computer counting programs (s55), power to set forms (s92A), and investigatory/seizure powers (s92). The returning officer has operational discretion over many election steps: accepting or rejecting nominations (s19(6)–(7)), deciding places and times for counting and for assisted voting, and whether to accept votes with technical defects (s30, s41A, s39(11)). Regulations may vest discretion in the Electoral Commissioner or other prescribed authorities (s93(1a)).\n\n- What behaviour changes: candidates must lodge signed nominations with a declaration of eligibility and provide a candidate profile that will be published online (s19, s19A). Candidates must disclose gifts above thresholds and keep records for 4 years (ss81, 81A, 87, 89). Councils must adopt caretaker policies limiting certain decisions during election periods and must hold or explain not holding public candidate meetings (ss91A, 91B). Voting is run primarily by postal method (s37), which changes how voters receive and return ballot papers and how electoral officers handle returned papers (s39–44).\n\nCosts, incentives, trade‑offs and implementation risks (mechanisms, with section references)\n\n- Concentrated costs on councils: councils are legally liable to pay the returning officer’s costs (s13) and may be charged for Electoral Commissioner services (s15(12)) and advertising costs arranged by the returning officer (s13A(1)). That channels the administrative cost of voter delivery and publicity to local government budgets (s13, s13A, s15(12)).\n\n- Compliance burden on candidates: candidates must prepare a profile (s19(2)(b)), submit timely gift returns during defined disclosure periods (s81, s81A), and keep records for at least 4 years (s89). Deadlines and prescribed forms mean administrative work and potential penalties for late or false returns (s84, s85, s86). The returning officer publishes candidate profiles and returns online (s19A(2), s87).\n\n- Disclosure and donor signalling: gift returns and prohibitions on receiving gifts without donor ID above $500 (s82) create an incentive for donors to disclose identity and for candidates to refuse anonymous largesse. That is a concrete mechanism by which large gifts are made public and, if unlawful, recoverable to the Crown (s82(4)).\n\n- Centralisation of operational control and bureaucratic discretion: the Electoral Commissioner/returning officer has appointed discretion (s10–11), selective verification powers (the returning officer need not check date of birth or other information, s39(10)), and can approve computer programs for counting (s55). These delegations speed administration but concentrate decision‑making authority in an official who is given procedural latitude (s10(5)–(6), s55(2)–(4), s92A).\n\n- Technical and integrity trade‑offs: the Act makes postal voting the default (s37). Postal voting centralises ballot distribution and receipt which can raise administrative control costs and change practical opportunities for campaigning or scrutineering; scrutineers are allowed but subject to limits (s32, s66). The returning officer may accept votes despite minor defects (s39(11)), lowering the risk of disenfranchisement but increasing reliance on official judgement about formality.\n\n- Implementation risks with technology: computer counting is permitted only if the Electoral Commissioner approves the program as likely to reproduce the same result as manual counting; the Commissioner may also specify processes to be followed (s55(1)–(4)). Use of software therefore depends on certification and process specification (s55(2)–(4)), creating an implementation dependency and an audit requirement.\n\n- Election integrity and enforcement: the Act criminalises bribery, intimidation, dishonest voting, tampering with electoral computer systems and other interference with voting procedures with significant penalties (Part 12, esp. ss57–59, 62). The Court of Disputed Returns (District Court Judge) has broad summary powers to determine disputed returns and can declare elections void for specified causes, subject to evidential requirements (Parts 12–13, ss67–75, 72–73).\n\nTrade‑offs and opportunity costs to note (mechanisms rather than judgements)\n\n- Default postal voting (s37) reduces need for physical polling infrastructure but places logistical burden on issuing, tracking and securing postal papers (ss39–44). Councils bear funding and operational obligations (s13, s39(8), s44).\n\n- Publication requirements (candidate profiles, returns) increase transparency of candidates and donors but require administrative systems (online publication within timeframes, ss19A(2), 87) and impose record‑keeping duties (s89).\n\n- Caretaker policy rules (s91A) restrict certain council decisions during election periods; councils must prepare and adopt such policies within 6 months of the section commencing (s91A(1)–(2)). That shifts the timing of high‑value contracting and employment decisions and creates a formal process for exemptions by Ministerial approval (s91A(3)–(4)).\n\nSummary conclusion about mechanics (no verdict): the Act centralises election operation with the Electoral Commissioner/returning officer, prescribes default postal voting, mandates disclosure and record‑keeping for candidates and donors, allocates most direct administrative costs to councils, and creates a mix of prescriptive procedures and broad administrative discretions to manage nominations, voting, counting and dispute resolution (see ss10–15, 19–21, 37–48, Part 14, ss13–13A, s55, ss92–93)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2615},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"While the Act's core purpose remains regulating elections, its scope has expanded significantly beyond basic electoral mechanics. The original 1999 Act focused primarily on the conduct of voting and counting. Subsequent amendments have added substantial regulatory frameworks for campaign finance (Part 14 - donation disclosure and returns), caretaker governance restrictions (section 91A limiting council decisions during election periods), mandatory public candidate forums (section 91B), assisted voting technologies for accessibility (section 41A), and trial in-person voting methods (section 41B). These additions transform the Act from a procedural election manual into a comprehensive code governing the entire democratic cycle, including pre-campaign conduct and post-election transparency."},"complexity_factors":["Approximately 25 defined terms in the interpretation section (section 4), including complex recursive definitions such as 'disposition of property' which spans six sub-paragraphs and includes constructive transfers","Highly conditional logic for supplementary elections (section 6) featuring nested exceptions: three primary circumstances where elections need not be held, each with multiple sub-conditions (e.g., vacancy timing relative to polling day, council size, ward structure, and council policy)","Mathematical algorithms for vote counting (section 48) prescribing quota calculations, transfer values for surplus votes, and sequential exclusion methods with 20+ procedural paragraphs governing the distribution of preferences","Extensive cross-referencing to external legislation (Local Government Act 1999, Electoral Act 1985, City of Adelaide Act 1998) requiring concurrent reading of multiple statutes to determine eligibility and procedures","Layered amendment history showing substantive evolution: the original 1999 Act has been amended by six separate Acts (2005, 2006, 2009, 2019, 2021, 2025), with some provisions substituted multiple times and transitional schedules preserving historical arrangements","Exception-heavy structure with 'unless' clauses appearing in over 40 sections, including exceptions to offences (section 60), exceptions to enrolment (section 14), and exceptions to supplementary election requirements (section 6(2))","Dual procedural tracks maintaining parallel but distinct rules for elections versus polls (e.g., Part 8 Divisions 1 and 2 mirror each other for elections and polls respectively), doubling the legislative text for voting procedures"],"plain_english_summary":"This is the rulebook for how local council elections work in South Australia.\n\n**What it does**\nThe Act sets out every stage of the election process—from deciding when elections happen, to who can vote, how they cast their ballot, and how votes are counted to determine the winners. It also creates offences for cheating or misconduct (such as bribery, intimidation, or publishing misleading information) and establishes a special court to hear disputes about election results.\n\n**Who it affects**\n- **Residents and ratepayers**: Anyone living in a council area is automatically enrolled to vote if they are on the State electoral roll. Property owners and businesses that pay rates can also apply to vote.\n- **Candidates**: People wanting to become councillors or mayors must meet eligibility criteria (e.g., Australian citizenship, not being an undischarged bankrupt) and lodge nominations.\n- **Councils**: Local councils must fund the elections, maintain voter rolls, and follow \"caretaker\" rules that restrict major decisions during election campaigns.\n- **Donors**: Anyone giving money or gifts valued at $500 or more to a candidate must have their details disclosed publicly.\n\n**Key features**\n- **Postal voting**: Elections are conducted by post. Voters receive ballot papers by mail, mark them privately, and return them in a sealed envelope.\n- **Preferential voting**: Voters number candidates in order of preference (1, 2, 3…). If electing multiple councillors, a complex counting system (similar to proportional representation) is used where surplus votes from popular candidates are redistributed to others.\n- **Campaign rules**: Electoral material must show who authorised it. It is illegal to publish misleading factual statements. Candidates must disclose donations over $500.\n- **Filling vacancies**: If a councillor resigns or dies between elections, the Act sets out when a supplementary (by-)election must be held versus when the council can simply appoint a replacement or leave the seat empty until the next election.\n- **Disputed elections**: A special Court of Disputed Returns (presided over by a District Court Judge) can investigate claims that an election was invalid and order a new election if necessary.\n\n**Why it matters**\nThe Act ensures that local government elections are transparent, fair and accessible. It prevents corruption by regulating campaign donations, protects voters from intimidation, and provides clear mechanisms for resolving disputes about who was legitimately elected."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-elections-act-1999","history":"/api/acts/local-government-elections-act-1999/history","analysis":"/api/acts/local-government-elections-act-1999/analysis","conflicts":"/api/acts/local-government-elections-act-1999/conflicts","importantCases":"/api/acts/local-government-elections-act-1999/important-cases","documents":"/api/acts/local-government-elections-act-1999/documents"}}