Sch 1Special provisions for elections and polls

Schedule 1—Special provisions for elections and polls 1—Interaction with Local Government (Elections) Act 1999 (1) In this Schedule— (a) Part 2 operates, in relation to the Council and the City of Adelaide in substitution for the provisions of Part 4 of the Local Government (Elections) Act 1999; and (b) Part 3 operates, in relation to the Council and the City of Adelaide, in substitution for the provisions of Part 5 of the Local Government (Elections) Act 1999; and (c) clause 18 operates, in relation to the Council and the City of Adelaide, in substitution for the provisions of section 39 of the Local Government (Elections) Act 1999; (d) clause 19 operates, in relation to the Council and the City of Adelaide, in substitution for the provisions of section 47 of the Local Government (Elections) Act 1999; (e) Part 8 operates, in relation to the Council and the City of Adelaide, in substitution for the provisions of Part 14 of the Local Government (Elections) Act 1999. (2) Section 13A(2)(a) of the Local Government (Elections) Act 1999 does not apply in relation to the Council. Part 2—Enrolment 2—Qualifications for enrolment (1) Subject to this Schedule1— (a) a natural person of or above the age of majority is entitled to be enrolled on the voters roll for an area or ward if that person— (i) is enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward; or (iii) is a State elector, is a ratepayer in respect of rateable property within the area or ward and is the sole owner of that rateable property; or (iv) is a State elector, is 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 (b) a body corporate is entitled 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 (c) a group of persons (consisting of natural persons, bodies corporate or partly of natural persons and partly of bodies corporate) is entitled to be enrolled as a group on the voters roll for an area or ward if— (i) the members of the group are all ratepayers in respect of rateable property within the area or ward; and (ii) the members of the group are joint owners, owners in common or joint occupiers of the rateable property; and (iii) at least 1 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) or (b), and no member of the group is enrolled on the relevant voters roll under paragraph (a)(i) as a resident in respect of the rateable property; and (iv) no 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. (2) A 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. (3) No 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. (5) A group of persons may, on application to the chief executive officer in a form determined by the chief executive officer— (a) nominate a name for the group for the purposes of the voters roll; (b) change the name for the group for the purposes of the voters roll. (6) The chief executive officer may reject an application under subclause (5) if the name is, in the opinion of the chief executive officer, obscene or frivolous. (7) Subject to the adoption of a name under subclause (5), the chief executive officer may determine the name of a group for the purposes of the voters roll. (8) The name of a group must include the word "Group" at the end. (9) For the purposes of subclause (1)(a)(iv) 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). (10) A 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 clause.