Part 3ASupplementary elections on failure of election

Part 3A—Supplementary elections on failure of election 17A—Supplementary elections on failure of election etc (1) Subject to this clause, if the election of a male member or a female member of the Executive Board from a particular electorate fails because— (a) no person nominates for the office to which the election relates; or (b) no votes are cast in the election, then the Minister may (but need not) require a supplementary election to be held in relation to the office. (2) Before making a determination not to require a supplementary election, the Minister must consult with— (a) the Executive Board; and (b) the returning officer, and may consult with any other person or body the Minister thinks fit. (3) A supplementary election under this Part must be conducted in accordance with this Schedule (with such modifications as the Electoral Commissioner thinks fit) as if the election were an election under section 9. Part 4—Disputed Returns 18—Constitution of Court (1) There will be a Court of Disputed Returns for the purposes of this Act. (2) The Court is constituted of a District Court Judge. (3) The Court, separately constituted under this clause, may sit contemporaneously to hear separate proceedings. (4) The Court is a court of record. (5) Subject to this Part, the procedure and powers of the Court are the same as those of the District Court when exercising its civil jurisdiction. 19—The clerk of the Court (1) There will be a clerk of the Court appointed by the Chief Judge of the District Court. (2) The office of clerk of the Court may be held in conjunction with any other office. 20—Jurisdiction of the Court (1) The Court has jurisdiction to hear and determine any petition addressed to it disputing the validity of an election under this Act. (2) The Court may not call in question the eligibility of a person— (a) to nominate for the office of the member of the Executive Board to be elected from a particular electorate; or (b) to vote in an election held in relation to a particular electorate, on the basis of whether or not they are an Anangu, or a member of a particular community group. 21—Procedure upon petition (1) A petition to the Court must— (a) set out the facts relied on to invalidate the election; and (b) set out the relief to which the petitioner claims to be entitled; and (c) be signed by a candidate at the election in dispute or by an elector for that election; and (d) be lodged with the clerk of the Court within 28 days after the conclusion of the election; and (e) be accompanied by the prescribed amount as security for costs. (2) A copy of the petition must be served on— (a) any person declared elected in the disputed election; and (b) Anangu Pitjantjatjara Yankunytjatjara; and (c) if it is alleged that the election is invalid on account of an act or omission of an electoral official—the returning officer. (3) If, having been served under subclause (2), a person or Anangu Pitjantjatjara Yankunytjatjara proposes to contest the petition, the person or Anangu Pitjantjatjara Yankunytjatjara 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. (4) A reply must— (a) set out the facts on which the applicant proposes to rely; and (b) ask for any relief to which the applicant claims to be entitled; and (c) be executed by— (i) if the applicant is a natural person—the applicant; or (ii) if the applicant is Anangu Pitjantjatjara Yankunytjatjara—Anangu Pitjantjatjara Yankunytjatjara. 22—Powers of the Court (1) The Court must sit as an open court, and its powers include the following: (a) to adjourn; (b) to compel the attendance of witnesses and the production of documents; (c) to examine witnesses on oath, affirmation or declaration; (d) with the consent of the parties to the proceedings, to receive evidence on affidavit or by statutory declaration; (e) subject to this Act and the rules, to determine its procedure in each case; (f) to declare— (i) that a person who was returned as elected was not duly elected; and (ii) that a candidate who was not returned as elected was duly elected; (g) to declare an election void; (h) to dismiss or uphold a petition, in whole or in part; (i) to amend or allow the amendment of a petition or reply; (j) to punish contempt of its authority by fine or imprisonment. (2) The Court may exercise all or any of its powers under this clause on such grounds as the Court in its discretion thinks just and sufficient. (3) The Court is not bound by the rules of evidence. (4) The Court must act according to good conscience and the substantial merits of the case without regard to legal technicalities. (5) A decision of the Court is final and without appeal. 23—Illegal practices (1) The 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. (2) If an illegal practice under section 9A(1)(a)(i) or 9A(2)(b) 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. (3) No 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. (4) If the Court finds that an illegal practice occurred in relation to an election, the clerk of the Court must report the finding to the Minister. (5) In this clause— illegal practice means an offence against Part 2 Division 4 of this Act. 24—Effect of decision (1) If 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 Executive Board and the person declared to have been duly elected will take his or her place accordingly. (2) If pursuant to this Part an election is declared void, a person returned as elected at the election ceases to be a member of the Executive Board. 25—Participation of Anangu Pitjantjatjara Yankunytjatjara in proceedings (1) The Court may— (a) on the application of a party to the proceedings—order that Anangu Pitjantjatjara Yankunytjatjara be joined as a party to the proceedings; or (b) on the application of Anangu Pitjantjatjara Yankunytjatjara—allow Anangu Pitjantjatjara Yankunytjatjara to intervene in the proceedings. (2) Anangu Pitjantjatjara Yankunytjatjara 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 Anangu Pitjantjatjara Yankunytjatjara participate in the proceedings. (3) If Anangu Pitjantjatjara Yankunytjatjara 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. 26—Right of appearance A party to proceedings before the Court may appear personally or be represented by counsel. 27—Case stated The Court may, of its own motion or on the application of a party to proceedings, state a question of law for the opinion of the Court of Appeal. 28—Costs (1) The Court may make orders for costs as it thinks just (including an order for costs in favour of or against Anangu Pitjantjatjara Yankunytjatjara if it has been joined as a party to the proceedings or has intervened in the proceedings). (2) If 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 official, 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 Crown. (3) An order under this clause may be enforced as an order of the District Court. 29—Rules of the Court The Chief Judge of the District Court may make rules— (a) regulating the practices and procedures of the Court; and (b) fixing fees to be paid in respect of proceedings before the Court; and (c) making any other provision necessary or expedient for the purposes of this Schedule. 30—Amendment of Schedule The Governor may, on the recommendation of the Minister and Anangu Pitjantjatjara Yankunytjatjara, by regulation, amend this Schedule. 31—Costs Any money required for the purposes of an election under section 9 is to be paid out of the Consolidated Account (which is appropriated to the necessary extent). Legislative history Notes • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Formerly Pitjantjatjara Land Rights Act 1981 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Pitjantjatjara Land Rights Act 1981 19.3.1981 2.10.1981 (Gazette 2.10.1981 p1139) Pitjantjatjara Land Rights Act Amendment Act 1987 30.4.1987 18.6.1987 (Gazette 18.6.1987 p1542) Pitjantjatjara Land Rights (Executive Board) Amendment Act 2004 15.7.2004 16.8.2004 (Gazette 22.7.2004 p2594) Pitjantjatjara Land Rights (Miscellaneous) Amendment Act 2005 27.10.2005 (Gazette 27.10.2005 p3830) Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 7 (s 39)—4.9.2006 (Gazette 17.8.2006 p2831) Anangu Pitjantjatjara Yankunytjatjara Land Rights (Regulated Substances) Amendment Act 2006 7.9.2006 29.9.2006 (Gazette 28.9.2006 p3361) Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 6 (s 27)—1.6.2007 (Gazette 26.4.2007 p1352) Anangu Pitjantjatjara Yankunytjatjara Land Rights (Mintabie) Amendment Act 2009 10.12.2009 Pt 2 (ss 4 & 5) & Sch 1 (cl 13)—1.7.2012 (Gazette 28.6.2012 p2923) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 14 (ss 25—28)—1.2.2010 (Gazette 28.1.2010 p320) Statutes Amendment (Directors' Liability) Act 2013 23.5.2013 Pt 3 (s 6)—17.6.2013 (Gazette 6.6.2013 p2498) Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Act 2014 Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Act 2016 29.9.2016 1.1.2017 (Gazette 1.12.2016 p4571) except s 13—1.7.2017: s 2(2) Anangu Pitjantjatjara Yankunytjatjara Land Rights (Suspension of Executive Board) Amendment Act 2017 27.6.2017 1.7.2017 immediately after s 13 of 38/2016: s 2 Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cll 4 to 6)—1.1.2021 (Gazette 10.12.2020 p5638) Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 Sch 1 (cll 2, 3 & 76)—7.10.2021: s 2 Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title