{"id":"plebiscite-south-east-council-amalgamation-act-2022","name":"Plebiscite (South East Council Amalgamation) Act 2022","slug":"plebiscite-south-east-council-amalgamation-act-2022","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106279,"registerId":"sa-plebiscite-south-east-council-amalgamation-act-2022-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Plebiscite (South East Council Amalgamation) Act 2022","content":"South Australia\nPlebiscite (South East Council Amalgamation) Act 2022\nAn Act to provide for plebiscites in the District Council of Grant and the City of Mount Gambier to ascertain the level of support for the examination of an amalgamation of those councils to form a single council, and for other purposes.\n\nContents\n1\tShort title\n2\tPlebiscites\n3\tRegulations\nSchedule 1—Exclusions and modifications of Local Government (Elections) Act 1999 and Local Government (Elections) Regulations 2010\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Plebiscite (South East Council Amalgamation) Act 2022.\n2—Plebiscites\n\t(1)\tA plebiscite will be held in each of the following councils for the purposes of this section:\n\t(a)\tDistrict Council of Grant;\n\t(b)\tCity of Mount Gambier.\n\t(2)\tThe proposition to be submitted to electors at a plebiscite under this section is:\nDo you support the examination of an amalgamation of the District Council of Grant and the City of Mount Gambier to form a single council?\nNote—\nThe purpose of the non-binding plebiscites is to obtain electors' views on the proposition. The Government is not compelled to take action following the outcome of the plebiscites.\n\t(3)\tSubject to the modifications and exclusions specified in Schedule 1 and any modifications and exclusions prescribed by regulation—\n\t(a)\tthe Local Government (Elections) Act 1999 (including regulations made under that Act) applies to a plebiscite held under this section as if the plebiscite were a poll held under that Act; and\n\t(b)\tfor the purposes of a plebiscite under this section—\n\t(i)\tthe day for the close of the voters roll was 29 July 2022; and\n\t(ii)\t10 November 2022 is fixed as polling day; and\n\t(iii)\tvoting will close at 5 pm on 10 November 2022.\n\t(4)\tWithout limiting section 54 of the Local Government (Elections) Act 1999, the Electoral Commissioner must, as soon as is reasonably practicable after certifying in accordance with that section the result of a plebiscite held under this section, publish notice of the result of the plebiscite on a website maintained by the Electoral Commissioner.\nNote—\nThis requires the publication of the result of the plebiscite in the District Council of Grant and the result of the plebiscite in the City of Mount Gambier.\n3—Regulations\nThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\nSchedule 1—Exclusions and modifications of Local Government (Elections) Act 1999 and Local Government (Elections) Regulations 2010\n\nProvision of Act or regulations\nExclusion or modification to apply\nLocal Government (Elections) Act 1999\n\nSection 4(1)\nAfter the definition of public notice, insert:\nrelevant poll means a plebiscite to be held under the Plebiscite (South East Council Amalgamation) Act 2022;\nSection 4(2)(d)\nDelete \"by the council\"\nSection 12(b)\nDelete paragraph (b)\nSection 13\nDelete \"All\" and substitute:\nExcept in relation to a relevant poll, all\nPart 4\nAfter section 15, insert:\n15A—Voters roll for relevant polls\nDespite any provision of section 15 to the contrary, the following provisions apply to a relevant poll:\n\t(a)\t29 July 2022 will be taken to be the closing date for a relevant poll;\n\t(b)\tthe voters roll—\n\t(i)\tto be used for the periodic election in the District Council of Grant for which voting closes on 10 November 2022 will be used as the voters roll for the relevant poll in the District Council of Grant; and\n\t(ii)\tto be used for the periodic election in the City of Mount Gambier for which voting closes on 10 November  2022 will be used as the voters roll for the relevant poll in the City of Mount Gambier,\n(and the requirements relating to voters rolls under subsections (7), (10) and (13) of section 15 do not apply in relation to the relevant polls).\nSection 33(2)\nDelete \"after consultation with the council\"\nSection 38\nDelete \"28\" and substitute:\n14\nSection 47\nAfter subsection (2) insert:\n\t(3)\tDespite subsection (2), in relation to a relevant poll, the returning officer must ensure that the arrangement of postal voting papers returned for the relevant poll is such that ballot papers are arranged into separate parcels for each ward of the council to which the relevant poll relates.\nSection 52\nAfter its present contents insert:\n\t(2)\tIn counting votes cast in a relevant poll to determine the result, the returning officer must ensure that, in relation to each ward of a council to which the relevant poll relates, the number of electors for the ward who voted in support of, and the number of electors for the ward who voted against, the proposition submitted in the poll is determined (in addition to determining the result of the relevant poll for the council as a whole).\n\t(3)\tA provisional declaration of the result of a relevant poll must include details of the determination under subsection (2) for each ward of a council to which the relevant poll relates (being details of the number of electors for the ward who voted in support of, and the number of electors for the ward who voted against, the proposition).\nSection 54(3)\nAfter \"result of the poll\" insert:\n, which must, in relation to a relevant poll, include the details required to be included in the provisional declaration of the relevant poll under section 52(3)\nSection 54(1)\nAfter \"return to\" insert:\nthe Minister and\nSection 54(2)\nAfter \"return to\" insert:\nthe Minister and\nLocal Government (Elections) Regulations 2010\n\nRegulation 7(2)\nDelete subregulation (2)\nLegislative history\nNotes\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\nYear\nNo\nTitle\nAssent\nCommencement\n2022\n10\n Plebiscite (South East Council Amalgamation) Act 2022 \n29.9.2022\n29.9.2022 \n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. It establishes plebiscites for a specific amalgamation proposal between two named councils, with fixed dates and limited duration. There is no evidence of scope creep — the Act does not expand to cover other councils, other types of votes, or ongoing administrative structures."},"complexity_factors":["Extensive cross-referencing: The Act doesn't stand alone — it applies the Local Government (Elections) Act 1999 and Regulations 2010 by reference, with 14 specific modifications listed in Schedule 1","Nested modifications: Schedule 1 contains surgical amendments (deleting words, inserting phrases, substituting numbers) that require readers to hold two documents in mind simultaneously","Temporal specificity: Hard-coded dates (29 July 2022, 10 November 2022) make the Act self-executing but also self-obsolescing","Dual-level reporting requirement: Results must be reported both by council-wide totals and by ward-level breakdowns, adding a layer of administrative complexity","Conditional application language: 'Subject to the modifications and exclusions specified in Schedule 1 and any modifications and exclusions prescribed by regulation' creates multiple layers of conditionality"],"plain_english_summary":"**What this law does:**\n\nThis law sets up **two non-binding votes (plebiscites)** in two South Australian local councils — the **District Council of Grant** and the **City of Mount Gambier**. The question put to voters is simple: *\"Do you support looking into merging these two councils into one?\"*\n\n**Key points:**\n\n- **It's a survey, not a binding decision.** The government can ignore the result if it wants. The law explicitly says the government isn't forced to act.\n- **The vote happened on 10 November 2022.** The law locked in specific dates — the electoral roll closed on 29 July 2022, and voting closed at 5pm on polling day.\n- **It borrows election rules.** Rather than writing new voting procedures from scratch, the law says \"use the existing Local Government (Elections) Act, but with these specific tweaks\" — listed in Schedule 1. These tweaks include:\n  - Using the same voter roll as the regular council elections happening the same day\n  - Counting votes by ward (subdivisions within each council) as well as overall\n  - Reporting results to the Minister as well as the Electoral Commissioner\n  - Shortening some deadlines (28 days becomes 14 days for certain steps)\n\n**Who it affects:**\n\n- Voters in Grant and Mount Gambier who wanted to have their say on council amalgamation\n- The Electoral Commissioner, who had to run the vote and publish results\n- The Minister, who receives the official results\n\n**Why it matters:**\n\nLocal council mergers are often controversial. This law was a way for the state government to **test the waters** — to see if residents actually wanted to explore a merger before spending time and money on detailed proposals. It's a political temperature-check with legal scaffolding."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains narrowly focused on enabling and prescribing the conduct of two specific non‑binding plebiscites about whether an amalgamation should be examined. It does not expand into powers to order amalgamation, change governance structures, or create ongoing institutions. The Schedule’s modifications are procedural adaptations of existing electoral law to facilitate these two polls rather than an expansion of substantive scope."},"complexity_factors":["Short, focused Act: 3 substantive sections plus Schedule 1","Single defined new term added ('relevant poll') in Schedule 1","About a dozen explicit modifications to the Local Government (Elections) Act 1999 and one to the Regulations (Schedule 1 lists multiple deletions/insertions and numerical changes)","Several cross‑references to the Local Government (Elections) Act 1999 (the Act largely operates by modifying and applying that Act)","Some conditional rules (e.g. special voters roll, ward‑level counting) but no deeply nested exceptions","Fixed, retrospective‑looking dates (roll close 29 July 2022; polling day 10 Nov 2022) increase procedural specificity but not legal complexity"],"plain_english_summary":"**What this law does (mechanically)\n\n- Creates a non‑binding plebiscite (a public vote for information only) in each of two South Australian councils: the District Council of Grant and the City of Mount Gambier (s2(1)).\n- Asks electors the single question: \"Do you support the examination of an amalgamation of the District Council of Grant and the City of Mount Gambier to form a single council?\" (s2(2)). The Act explicitly notes the plebiscites are non‑binding: the Government is not required to act on the outcome (s2(2) Note).\n- Treats these plebiscites as polls under the Local Government (Elections) Act 1999, but with specific exclusions and modifications listed in Schedule 1 (s2(3)).\n- Fixes electoral logistics: the voters roll closed on 29 July 2022; polling day is 10 November 2022 and voting closes at 5 pm on that day (s2(3)(b)(i)–(iii)).\n- Requires the Electoral Commissioner to publish the plebiscite results on the Commissioner’s website as soon as practicable after certification (s2(4)).\n- Gives the Governor power to make regulations necessary for the Act (s3).\n\n\nWhy this matters (practical effects and who it affects)\n\n- Affects local electors in the two councils: they are asked for their views on whether an amalgamation should be examined. The vote itself does not legally force an amalgamation; it provides information to decision‑makers (s2(2) Note).\n- Affects electoral administrators: the Electoral Commissioner and returning officers must run these plebiscites under special rules (Schedule 1). Those rules change how rolls are used, how notices and consultations are handled, and how votes are counted and reported (Schedule 1).\n- Affects the two councils administratively: some statutory consultation and notice requirements that normally apply to polls are removed or modified (see Schedule 1 deletions and inserts), which limits their formal role in organising or being consulted about these specific polls.\n\n\nKey procedural changes made by the Schedule (what the modifications do)\n\n- Adds a new defined term \"relevant poll\" to mean these specific plebiscites (Schedule 1, amendment to s4(1)).\n- Uses the periodic election voter rolls (for elections closing 10 November 2022) for the plebiscites and fixes the roll closing date at 29 July 2022; certain roll‑related requirements are disapplied for the plebiscites (Schedule 1, new s15A).\n- Removes a statutory requirement to consult the affected council in one provision (deletion of \"after consultation with the council\" in s33(2) as modified) and shortens a notice period from 28 days to 14 days (amendment to s38).\n- Requires postal votes to be arranged into separate parcels by ward and mandates that vote counting produce ward‑level tallies showing numbers for and against in each ward, and that those ward results be included in the provisional declaration and the formal return (Schedule 1, new s47(3), new s52(2)–(3), amendments to s54).\n- Requires the certified result return to be provided to the Minister as well as the usual recipients (amendments to s54(1)–(3)).\n- Removes one regulation provision (deletes reg 7(2) of the Local Government (Elections) Regulations 2010).\n\n\nPractical consequences, incentives and trade‑offs (test of purpose claims against costs and risks)\n\n- The stated purpose (in the Act’s note) is to obtain electors' views on whether an amalgamation should be examined (s2(2) Note). The Act operationalises that by creating quick, information‑gathering votes in two councils.\n- Who pays / who decides: administrative costs (running the plebiscites, producing postal ballots, staffing counts, publishing results) fall to electoral authorities and ultimately the public purse. The Government retains discretion after publication; it decides whether to act on the results (s2(2) Note, s2(4)).\n- Changes that speed or centralise the process: use of the existing periodic election rolls and shortening of notice/consultation requirements reduce the time and procedural friction needed to hold the plebiscites (Schedule 1, new s15A; s38 amendment; deletion of s33(2)). That lowers the time and procedural cost of holding the vote but also reduces council involvement in planning the poll.\n- Administrative and compliance burdens: returning officers must parcel postal votes by ward and provide ward‑level tallies (Schedule 1, new s47(3), new s52). That increases counting and reporting work compared with a single aggregate poll result.\n- Information vs mandate: because the plebiscites are explicitly non‑binding, their direct legal effect is limited — they inform but do not legally compel amalgamation action. The instrument therefore creates political/administrative pressure through publicised electorate opinion rather than automatic legal change (s2(2) Note; s2(4)).\n- Risks and trade‑offs: fewer consultation requirements and expedited timeframes reduce delay but increase the risk that local procedural concerns are not raised before the poll. Ward‑level reporting reduces that risk by exposing geographic variation in support, but it also raises the administrative cost of counting.\n- Effects on private parties/businesses: the Act itself does not change business regulation or ownership; any later amalgamation could affect local licensing, rates, or procurement, but those consequences would arise from subsequent governance decisions, not from this Act.\n\n\nBottom line (simple description of legal effect)\n\n- The Act simply creates two non‑binding plebiscites to measure electors’ views on examining a council amalgamation, prescribes dates and electoral mechanics, adapts election law for those specific polls (notably by fixing the roll, shortening some procedural timeframes, removing a consultation requirement, and requiring ward‑level counts), and requires publication of results. It does not itself change council boundaries or compel amalgamation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the full text of the legislation was not available for review."},"complexity_factors":["Legislation text was not retrievable — only the page title is available, making meaningful complexity assessment impossible","Score of 1 reflects absence of analysable content, not simplicity of the actual law"],"plain_english_summary":"The Act appears to establish a community plebiscite on whether to amalgamate local councils in South Australia’s South East region. It would affect residents of the councils involved by setting the framework for a vote on merging local government bodies and what the outcome means for the community. The actual text wasn’t available, so this is inferred from the title only."}},"importantCases":[],"_links":{"self":"/api/acts/plebiscite-south-east-council-amalgamation-act-2022","history":"/api/acts/plebiscite-south-east-council-amalgamation-act-2022/history","analysis":"/api/acts/plebiscite-south-east-council-amalgamation-act-2022/analysis","conflicts":"/api/acts/plebiscite-south-east-council-amalgamation-act-2022/conflicts","importantCases":"/api/acts/plebiscite-south-east-council-amalgamation-act-2022/important-cases","documents":"/api/acts/plebiscite-south-east-council-amalgamation-act-2022/documents"}}