SAIn ForceAct
City of Adelaide Act 1998
1Subclause (1) does not apply to the Crown (see section 302 of the Local Government Act 1999).
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1 Subclause (1) does not apply to the Crown (see section 302 of the Local Government Act 1999).
3—The voters roll
(1) The chief executive officer is responsible for the maintenance of a voters roll for the area.
(2) Subject to this clause, the voters roll must set out in relation to each person, body corporate or group enrolled—
(a) in the case of a natural person—the full name of the person and the address of the person's place of residence; and
(b) in the case of a body corporate or group—
(i) the full name of the body corporate or group; and
(ii) —
(A) if the body corporate or group has nominated an eligible person under clause 3A(3) or 3C(2)—the full name and date of birth of the nominated person for the body corporate or group; or
(B) if a default person has been nominated for the body corporate or group under clause 3B(1)—the full name and date of birth of the default person for the body corporate or group; and
(c) the 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
(d) at 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 clause 18; and
(e) any prescribed particulars.
(2a) The chief executive officer must redact the full name and date of birth of a default person for a body corporate or group from any copy of the voters roll available for inspection by the public or provided to any person (other than a copy of the voters roll supplied to the returning officer in accordance with subclause (16)).
(3) If 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.
(4) If 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.
(5) If 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.
(6) The 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 3 weeks after the supply of relevant information by the Electoral Commissioner under subclause (10).
(7) The 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—
(a) in the case of a periodic election—on a day fixed by the returning officer for the close of the roll;
(b) in 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.
(8) A day that falls within the ambit of subclause (7) will be the closing date for the roll.
(9) The closing date must not be less than—
(a) in the case of the closing date under subclause (7)(a)—13 weeks before polling day for the relevant election;
(b) in the case of the closing date under subclause (7)(b)—8 weeks before polling day for the relevant election or poll.
(10) The Electoral Commissioner—
(a) must, within 7 days after a closing date; and
(b) may, at any other time,
supply 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.
• A list may be supplied in electronic form, or in another manner agreed between the Electoral Commissioner and the chief executive officer.
(11) If the area of the Council is divided into wards, the list supplied under subclause (10) must differentiate the electors according to the wards in relation to which they are enrolled.
(12) The Electoral Commissioner is entitled to recover as a debt from the Council a fee of an amount determined by the Electoral Commissioner for the supply of a list under this clause.
(13) The voters roll must be brought up‑to‑date in accordance with the requirements of subclause (7) within 4 weeks after the relevant closing date.
(13a) For the purposes of subclause (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 clause.
(14) The Council must ensure that copies of the roll are available for inspection (without charge) by the public at the principal office of the Council.
(15) At 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) of the Local Government (Elections) Act 1999) 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).
(16) The 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.
(17) The chief executive officer is not responsible to check the accuracy of a list supplied by the Electoral Commissioner under this clause and is entitled to assume that such a list is accurate.
(18) The validity of a voters roll is not affected by a misdescription or other error in the roll.
(19) A 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
(20) If a copy of the voters roll is provided to a person under this clause, 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.
Maximum penalty: $10 000.
1 Part 3 is also relevant to determining entitlements to vote.
3A—Nominating person to vote on behalf of body corporate or group
(1) The chief executive officer must, by notice in writing to each body corporate and group on the voters roll, request that the body corporate or group nominate, in the form determined by the Electoral Commissioner (the nomination form), an eligible person to vote on its behalf.
(2) The notice in subclause (1) must—
(a) be issued to each body corporate or group—
(i) in the case of a periodic election—not later than 7 weeks before the relevant closing date; or
(ii) in the case of any other election, or a poll—not later than 4 weeks before the relevant closing date; and
(b) enclose the nomination form.
(3) A body corporate or group may nominate an eligible person to vote on its behalf by providing the completed nomination form to the chief executive officer by the relevant closing date.
3B—Nominating default person to vote on behalf of body corporate or group
(1) If the chief executive officer has not received a nomination under clause 3A(3) by the relevant closing date, or the person nominated is not an eligible person, the chief executive officer must—
(a) in the case of a body corporate—nominate the first officer of the body corporate (to be taken alphabetically) who is a State elector; or
(b) in the case of a group—nominate the first member of the group or officer of a body corporate that is a member of the group (to be taken alphabetically) (as the chief executive officer thinks fit) who is a State elector,
to vote on behalf of the body corporate or group.
(2) Despite subclause (1), the chief executive officer must not nominate a person under that subclause if the person is already on the voters roll or otherwise entitled to be enrolled on the voters roll.
(3) For the purposes of subclause (1), the chief executive officer may—
(a) in the case of a body corporate (including a body corporate that is a member of a group)—use the most recent information that is available after the relevant closing date from the Australian Securities and Investments Commission or another appropriate public body concerning the name and age of the persons specified in that subclause; or
(b) in the case of a group—use the most recent information held by the council after the relevant closing date concerning the name and age of the persons specified in that subclause.
3C—Notice of default person and further nomination of person to vote on behalf of body corporate or group
(1) The chief executive officer must, within 14 days after the relevant closing date, give notice in writing to each body corporate or group enrolled on the voters roll in respect of which there is no nominated person—
(a) if a default person has been nominated by the chief executive officer under clause 3B(1)—of the name of the default person; or
(b) if a default person has not been nominated—that no default person has been nominated,
and of the option for the body corporate or group to nominate an eligible person (if any) in the form determined by the Electoral Commissioner (the nomination form) and within the prescribed period.
(2) A body corporate or group may nominate an eligible person to vote on its behalf by providing the completed nomination form to the chief executive officer within the prescribed period.
(3) If the chief executive officer does not receive a nomination from the body corporate or group within the prescribed period, or receives a nomination but the person nominated is not an eligible person—
(a) where a default person has been nominated under clause 3B(1)—the default person remains the person nominated to vote on behalf of the body corporate or group; or
(b) where a default person has not been nominated—no person is nominated to vote on behalf of the body corporate or group (and ballot papers will not be issued to the body corporate or group under clause 18).
(4) In this clause—
prescribed period means 21 days after the relevant closing date.
3D—Provision of information
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 so that the chief executive officer may be satisfied that—
(a) in connection with clause 2(1)(a)(iii) and (iv)—a natural person is entitled to be on the voters roll; and
(b) in the case of a body corporate or group—a nominated person or default person is a State elector.
Part 3—Entitlement to vote
4—Entitlement to vote
(1) Subject to subclause (2), 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.
(2) A natural person is not entitled to vote at an election if—
(a) he or she was provisionally enrolled; and
(b) he or she is not, as at polling day, of or above the age of majority.
(3) A 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—
(a) the natural person is the nominated person on the voters roll for the body corporate or group; or
(b) the natural person is the default person on the voters roll for the body corporate or group.
(6) If 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 Schedule, entitled to vote at the election or poll as if the error had not occurred.
(7) If 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 Schedule, entitled to vote at the election or poll under subclause (3) as if the error had not occurred.
(8) If 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 Schedule, entitled to vote at the election or poll under subclause (3) as if the error had not occurred.
(9) A natural person cannot vote at an election or poll for another natural person pursuant to a power of attorney.
(10) A natural person may only vote in 1 capacity at an election or poll for the City of Adelaide (but this clause does not prevent a person voting at 2 or more elections for the City of Adelaide held on the same day).
5—Entitlement to stand for election
(1) Subject to this Schedule and the Local Government Act 1999, a person is eligible to be a candidate for election as a member of the Council if—
(a) the person is an Australian citizen; and
(i) the person is an elector for the area; or
(ii) the person is the nominee of a body corporate which has its name on the voters roll for the area; or
(iii) the person is the nominee of a group which has its name on the voters roll for the area; or
(iv) the 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).
(2) Subclause (1)(b) operates subject to the following qualifications:
(a) a nominee of a body corporate must be an officer of the body corporate;
(b) a 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;
(c) a body corporate or group cannot nominate more than one person for a particular election;
(d) a body corporate or group cannot nominate a person who has not attained the age of majority.
(3) A person is not eligible to be a candidate for election as a member of the Council if the person—
(a) is a member of an Australian Parliament; or
(b) is an undischarged bankrupt or is receiving the benefit of a law for the relief of insolvent debtors; or
(c) has 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
(d) is an employee of the Council; or
(e) is disqualified from election by court order under the Local Government Act 1999; or
(f) is suspended from office under section 55B of the Local Government Act 1999.
(4) A person is not eligible to be a candidate for election as a member of the Council if the person—
(a) in the case of a supplementary election—is a member of another council; or
(b) in the case of any election—is a candidate for election as a member of another council.